HomeMy WebLinkAbout029060 ORD - 05/17/2011ORDINANCE
ABANDONING AND VACATING A 6,548.51 -SQUARE FOOT PORTION OF AN
EXISTING UTILITY EASEMENT OUT OF THE PARKDALE SHOPPING CENTER,
BLOCK AR, LOT 2, LOCATED NORTH OF AND ADJACENT TO THE GOLLIHAR
ROAD PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, WAL-
MART STORES, INC., L.P., TO COMPLY WITH THE SPECIFIED CONDITIONS;
AND DECLARING AN EMERGENCY.
WHEREAS, Wal-Mart Stores Inc., L.P. is requesting the abandonment and vacation of
a 6,548.51 -square foot portion of an existing utility easement out of Parkdale Shopping
Center, Block AR, Lot 2, located north of and adjacent to the Gollihar Road public street
right-of-way, in order to properly develop the subject property for future construction of a
Wal-Mart store. 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, May
17, 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 — Site Map, Exhibit B - Metes and Bounds, Exhibit C -
Accompanying Metes and Bounds Map)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A 6,548.51 -square foot portion of an existing utility easement out of
Parkdale Shopping Center, Block AR, Lot 2, as recorded in Volume 67, Pages 423-424
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 the Owner 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.
2) Owner is 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.
3) Owners must comply with all the specified conditions of the ordinance within
180 days of Council approval.
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029060
INDEXED
4) 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 ordironce is passed and shall take
effect upon first reading as an emergency this the / clay of , 2011.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Ad me
Mayor, City of Corpus Christi
City Secretary
APPROVED as to FORM this 5th day of May, 2011.
eborah Walther Br
Assistant City Attorney
For City Attorney
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Corpus isti, Texas
j
/ 7 Day of
, 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: I/we, 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,
Joe Ada/214/
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Larry Elizondo, Sr.
4L41-17_,_
Kevin Kieschnick 5" Vy
Priscilla G. Leal
John E. Marez7417
Nelda Martinez
Mark Scott Linda Strong *cad--
H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda15-17-111Parkdale Shopping Center Easement Closure15-5-
11ORD.A&VEsmt.(6,548.51 ft.)DWBFinal.docx
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EXHIBIT A
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ENGINEERING
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November 16, 2010
Job No. 19618.130.05
State of Texas
County of Nueces
Fieldnotes for the closure of a utility easement out of Lot 2, Block AR, Parkdale Shopping Center, a map of which
is recorded in Volume 67, Pages 423-424, Map Records of Nueces County, Texas; said utility easement closure being more
fully described by metes and bounds as follows:
Commencing at a 5/8 inch iron rod with red plastic cap stamped "Urban Engr C.C. Tx" found on the northeast
boundary of Gollibar Road, a public roadway, for the south corner of Lot 1, said Block AR, and for a corner of said Lot 2;
Thence, South 61°44'56" East, along said northeast boundary of Gollihar Road, a distance of 102.02 feet;
Thence, North 28°15'04" East, a distance of 15.00 feet to a point on the north boundary of an existing 15.00 foot
wide utility easement as shown on the recorded plat of said Parkdale Shopping Center for the Paint of Beginning;
Thence, North 25°06'09" East, a distance of 258.17 feet for a corner of this easement closure;
Thence, North 29°59'43" West, a distance of 7.82 feet for a corner of this easement closure;
Thence, North 60°00'17" East, a distance of 22.33 feet for a corner of this easement closure;
Thence, South 29°59'41" East, a distance of 30.00 feet for a corner of this easement closure;
Thence, South 60°00'17" West, a distance of 19,16 feet for a corner of this easement closure;
Thence, South 25°06' 12" West, a distance of 70.33 feet for a corner of this easement closure;
Thence, North 60°00'10" East, a distance of 76.84 feet fora corner of this easement closure;
Thence, South 29°59'50" East, a distance of 10.00 feet for a corner of this easement closure;
Thence, South 60°00' 10" West, a distance of 91.18 feet for a corner of this easement closure;
Thence, South 25°06'12" West, a distance of 161.37 feet to a point on the north boundary of the aforementioned
existing 15.00 foot wide utility easement, for the southernmost corner of this easement closure;
Thence, North 61°44'56" West, along the north boundary of said existing 15.00 foot wide utility easement, a
distance of 20.03 feet to the Point of Beginning and containing 6548.51 square feet of land.
Bearings based on the recorded plat of Parkdale Shopping Center, Block AR, Lots 1 through 12, a roap of which is
recorded in Volume 67, Pages 423-424, Map Records of Nueces County, Texas.
Unless this field notes description, including preamble, seal and si ature, appears in its entirety, in its original
form surveyor assumes no responsibility for its accuracy.
11Urbanfstll'datalSurveying119618180D51fneasementclosurc6548.5 l stdoc
(361)854.3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
wwwv.urbaneng.com
TSPS Firm #1145
Urban Engineering
Gl�"1
J. Sa zar, R.P.L. .
License No. 4909
Page lof1
FAX (361)854-6001
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EXHIBIT G
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. 029060 passed and approved by
Corpus Christi City Council on May 17, 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 20th day of May, 2011 .
('1 41 /I
Armando Chapa
.:4-4� ,� Win+ City Secretary
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t?`it b,,,,y, Corpus Christi, Texas
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(S E A.LL.
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Doct 201 1 10 2 1 3 1 1
0 Pages 3
06/20/2011 2:23PM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $43.00
Any provision herein which restricts the Sole,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number senueoce on the dote and at the
time stomned herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
Diana T. Barrera
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