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HomeMy WebLinkAbout028989 ORD - 03/08/2011ORDINANCE ABANDONING AND VACATING A 10,105.92 -SQUARE FOOT PORTION (0.232 ACRE) OF AN EXISTING 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF LEXINGTON INDUSTRIAL CENTER, BEING A PORTION OF LOTS 23, 24, 25, 26R AND 30, LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358) STATE RIGHT-OF-WAY; REQUIRING THE OWNER OF LOTS 24, 25 AND 26R, WAL-MART REAL ESTATE BUSINESS TRUST AND THE OWNER OF LOTS 23 AND 30, WAL-MART STORESTEXAS, L.P., , TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, Wal-Mart Real Estate Business Trust and Wal-Mart Stores Texas, L.P. (Owners), are requesting the abandonment and vacation of a 10,105.92 -square foot portion (0.232 acre) of an existing 7.5 -foot wide utility easement out of Lexington Industrial Center, being a portion of Lots 23, 24, 25, 26R and 30, located south of the South Padre Island Drive (SH 358), state right-of-way, in order to relocate existing easements in connection with the development and future construction of a Wal-Mart store over the existing easement area at Lexington Industrial Center. The easement to be abandoned and vacated is located in a B-3 Business District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, March 8, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A — Easement Abandonment Plat, Exhibit B- Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 10,105.92 -square foot portion (0.232 acre) of an existing 7.5 -foot wide utility easement out of Lexington Industrial Center, being a portion of Lots 23, 24, 25 & 30, as recorded in Volume 37, Page 9 of the Map Records of Nueces County, Texas, and being a portion of Lot 26R, as recorded in Volume 64, Page 216 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the Owners' compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owners' compliance with the following: 1) Since Owners will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS1201 I Agenda13-8-111Walmart-Flour Bluit1H. 3-1- 11 ORD.A&VEsmt.(0.232Acre).D WBFinal.docx 028989 'ICED 2) City Wastewater requires that all City sanitary sewer utilities be relocated at Owners' request. Further, prior to any sanitary sewer utilities being relocated, Owners must construct a new Lift Station, Force Main, and sanitary sewer gravity line to provide service to all adjacent and surrounding properties. 3) Owners are responsible for any and all utility relocation and relocation fees for all public and franchised utilities within the closure request area and the dedication of any appropriate utility easements that are required. 4) Owners are responsible and required to dedicate utility easement(s) during the replatting process, if any new public utilities are required prior to construction of the proposed building. 5) Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. 6) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owners expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordina ce is passe and hall take effect upon first reading as an emergency this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI 04ea Joe A ame Mayo , City of Corpus Christi APPROVED as to FORM this 1st day of March, 2011. eborah Walther BLoyi Assistant City Attorney For City Attorney H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Blun11H. 3-1- 1 I ORD.A&VEsmt.(0.232Acre). D WBFinal.docx Corpus Christi, Texas Day of -7)/taitt k , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, JoeAdame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda13-8-111Walmart-Flour Bluft\H. 3-1- 11 ORD.A&VEsmt.(0.232Acre).D WBFinal. docx 028989 1 I gV a phr 3A1210 331178 2'f?073 0 26- �fd03N '9999001001# 300 "d7 37VS370M$1 QNV19 390Vd HloOS :at IV 13 0N!lNVH r V0N17 !IYl3N '61 9d 11, 70A 1131N33 7VItZSfUNt NOIDNIX37 9i 107 0 A O Cie Z M 0 cnCEZ N 0 D Z N caa- N '„4- co < J J..... 0 Z>ce :0cn 1-W 00 U,?U/ 0 BUJ CO M I— < VJ 0 WW©� m>-zz wi-- cnJZi_ 5 Q F. 0 0 w M0Z � XJ a W w J ce V O N Q I— 0 M0 OJ N 0 o Z K Q Pg HG zo 11x68 D W LIR as g 23 co ▪ in - I .. �3 Z• N r i 4 g Z o rn Q Z • z LS #4 vmitV'i ,10799 '3 „9C,ZE.9L N N 612751' W, 70320' N 617751" It 370.12. 0 0 0 0 0 ,11 EXHIBIT 0 _1 re) Q 1- V) IX 0 M Z Q Z Z CDo O za Cl. ILI M I"" N -� ri Q oo Mo0LLJ o� (7) < 5I—OU¢ IZE I 0 (13 Z C� z Lu Z U1 O O LU {n O X o 62 Qw w U LONGVIEW TEXAS 75604 NW 1.00P 281, N O Z O 1•I,1 al cfr'7 f l n7/1r117t)l�:n L 107-171-7 1 APLiI1JnnnwpN I N1LN3St7 1 ' '-' 7c7'1l C I rLJ,C P 71S L HlrIAN 419WIDONuAN 1 417htic 'ld.l Kll z c!n•pci f,Cf 7( . rl 0{ METES AND BOUNDS DESCRIPTION 0.232 ACRE 7.5' UTILITY EASEMENT ABANDONMENT All that certain tract or parcel containing 0.232 acre of land in Nueces County, Texas, being a portion of Lot 23, 24 and 25 and 30, Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, of the Nueces County Map Records (NCMR) and Lot 26R, Lexington Industrial Center, a subdivision of record in Volume 64, Page 216, NCMR, Lot 23 and Lot 30 being conveyed from Temet Properties, Ltd., to Wal-Mart Stores Texas, LP., by an instrument of record in Document #2006041816, of the Nueces County Official Public Records, (NCOPR), Lot 24 being conveyed from Martin R. Frey, et ux, to Cecil R. Payne Jr. et ux, by an instrument of record in Document #1996005406, NCOPR and Lot 25 being conveyed from Fiato Brothers incorporated to Martin R. Frey, et ux, by an instrument of record in Volume 1424, Page 282, of the Nueces County Deed Records (NCDR), Lot 26R being conveyed as Lot 26 thru Lot 29 from Jugador Inc., to First National Bank, by an instrument of record in Document #2001039325, NCOPR, said 0.232 acre being more particularly described by metes and bounds as follows, basing Coordinates and Bearings upon the Texas Coordinate System of 1983 (1993 Adjustment), South Zone, to wit: BEGINNING at a 5/8" iron rod found marking the north corner of Lot 24 and most northerly east corner of said Wal-Mart tract, Tying in the southwest right of way (R -O -W) line of South Padre Island Drive, AKA State Highway Number 358 (SPID) approximately 625' northwest of Flour Bluff: Drive: THENCE departing SPID, S 28°35'07"W, 174.82 feet along the common line of Lot 24 and said Wal-Mart tract to a point for an interior corner; THENCE S 61 °24'53"E, 7.50 feet to a point for east corner; THENCE S 28°35'07"W, 115.50 feet along a line parallel to and 7.5 feet from the common line of Lot 24 and said Wal-Mart tract to a point for an interior corner; THENCE S 75°55'42"E, 290.28 feet along a line parallel to and 7.5 feet from the common line of Lot 24, Lot 25, Lot 26R and said Wal-Mart tract to an angie point; THENCE S76°26'06"E, 1.97 feet along a line parallel to and 7.5 feet from the common line of Lot 26R and said Wal-Mart tract to a point for a east corner; THENCE S 28°33'13"W, 7.76 feet to a point for an interior corner, being the south corner of lying in the common line of Lot 26R and said Wal-Mart tract ; THENCE S 76°26'06"E, 47.63 feet along the common line of Lot 26R and said WaI-Mart tract to an angle point; Page 1 of 2 INDEXED METES AND BOUNDS DESCRIPTION 0.232 ACRE 7.5' UTILITY EASEMENT ABANDONMENT Page 2 THENCE S 75°20'59"E, 152.55 feet along the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE S 75°28'55"E, 125.67 feet along the common line of Lot 26R and said Wal-Mart tract to a point for east corner, being the south corner of Lot 26R and east corner of said Wal-Mart tract, lying in the northwest right of way (R -O -W) line of Flour Bluff Drive; THENCE S 28°33'13"W, 7.73 feet along the common line of said Wal-Mart tract and Flour Bluff Drive to a point for south corner; THENCE departing Flour Bluff Drive, N 75°28'55'W, 123.80 feet along a line parallel to and 7.5 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE N 75°20'59"W, 152.49 feet along a line parallel to and 7.5 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE N 76°26'06"W, 47.59 feet along a line parallel to and 7.5 feet from the common line of Lot 26R and said Wal-Mart tract to an angle point; THENCE N 75°55'42"W, 309.72 feet along a line parallel to and 7.5 feet from the common line of Lot 26R, Lot 25, Lot 24 and said Wal-Mart tract to a point for west corner; THENCE N 28°35'07"E, 307.74 feet along a line parallel to and 7.5 feet from the common line of Lot 24 and said Wal-Mart tract to a point for north corner, lying in the common line of said Wal -mart tract and SPID; THENCE S 75°58'37"E, 7,75 feet along the common line of said Wal-Mart tract and SPID to the PLACE OF BEGINNING, Containing 0.232 acre of land, more or less. A certified plat has been prepared under the same job number as a part of this professional servic Compiled By: Johnson & Pace incorporated 1201 NW Loop 281, LB -1 Longview, Texas 75604 Troaxwell Professional Land Surveyor Texas Registration No. 5585 Page 2 of 2 Engineering Architecture - Surveying' Job No. 2154-015 Date: February 14, 2011 Docs 201 G01 1 U_G 0 739 F'n g'li 9 03!29/20.11 8.57AN Ofiicici1. Records of HUECES COUNTY DIANA T. SARRERA COUNTY CLERK Fees $47.00 CERTIFICATE THE STATE OF TEXAS ' COUNTY OF NUECES I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 028989 passed and approved by Corpus Christi City Council on March 8, 2011 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 11th day of March, 2011. • Armando Chapa City Secretary Corpus Christi, Texas (SEAL) r o p �c L CLLx l A1G'Zot.) C 1 .5 W 1tie. U-r i LrN c NT L&s uU. 101 1051)Z. � Docjai, 3,0 IL 0 77.T�� 4 Poses 9 0J/29/2011 O:57AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Reliyion, Sex, Hondicon, Familial Status, or National Oriyin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OFTEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED • in file number sequence on the data and at the time stomped herein by me, and was duly RECORDEil in tha Official Public Records of Nueces County, Texas Diana T. Borrero et�� �,�*^ 1}g,�����L����