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Home My WebLink About029061 ORD - 05/17/2011ORDINANCE ABANDONING AND VACATING A 467.53 -SQUARE FOOT PORTION OF AN EXISTING 10 -FOOT WIDE 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 467.53 square foot portion of an existing 10 -foot wide 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 467.53 -square foot portion of an existing 10 -foot wide 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. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda15-I7-111Parkdaie Shopping Center Easement C[osure15-5- 11ORD.A&VEsmt.(467.53 ft.)DWBFinal.docx 029061 i4DEXED 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 ordinan a is passed and shall take effect upon first reading as an emergency this the ay of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor, City of Corpus Christi APPROVED as to FORM this 5th day of May, 2011. vC Q-641 eborah Walther Bro Assistant City Attorney For City Attorney H:ILEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda15-17-111Parkdale Shopping Center Easement Closure15-5- 110RD.A&VEsmt.(467.53 ft.)DWBFinal.docx Corpus Christi, Texas ,`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 Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. �s Kevin Kieschnick 4't241 Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong yw H:ILEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda15-17-111Parkdale Shopping Center Easement Closure15-5- 11ORD.A&VEsmt.(467.53 ft.)DWBFinal.doex 029061 0 225 450 Feer Proposed Easement Closure PARKDALE SHOPPING CENTER BLOCK AR LOT 2 17//////I Easement Closure d19:17AS' OW P15. v1PWtstUtieLff tsrrwnt_ 1awr• 6W_T.apar nvd Prupwrmi 9y: SFR Cry el Daps Denim] Development so NS -GIS EASEMENT LOCATION EXHIBIT A State of Texas County of Nueces November 16, 010 Job No. 19618.B0.05 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 ofNueces 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 ofGollihar Road, a public roadway, for the south corner of Lot I, 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 296.49 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 Point of Beginning; Thence, North 28°15'04" East, a distance of 49.85 feet for the northernmost corner of this easement closure; Thence, South 29°59'43" West, a distance of 1 1.76 feet for the easternmost corner of this easement closure; Thence, South 28015'04" West, a distance of 43.66 feet 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 [ 0.00 feet to the Point of Beginning and containing 467.53 square feet of land. Bearings based on the recorded plat of Parkdale Shopping Center, Block AR, Lots 1 through 12, a map of which is recorded in Volume 67, Pages 423-424, Map Records ofNueces County, Texas. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form surveyor assumes no responsibility for its accuracy. I Surveying119618tB0051fn°mrSI nR5 °CORPUS CI-{RISTI.TEXAS 75404 www.urbaneng.com TBPE Firm #145 Urban Engineering License No. 4909 Page I IAA (361)854-6001 EXHIBIT B t R O • m A q • 3] -R V) m rc ki xi i m w r� Fj- .- >Z u E` Z 00 VI c- VI O O fT1WDm '< co '<c-:.51 Z —. 0 rC o-..(0 X Q 3 ON 0 r1co a 5. O 0 to N aa utc»0V 0./ cd a a. c, co icv- moo• 5.) P3 7.1 --c O. 40' '111 ..8/s P� Q XI fo ::< n C a•0 ;c- o.,; 46 201 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. 029061 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 . VP, Armando Chapa City Secretary Corpus Christi, Texas (SEAL) u9' np17Aas ` Y;'r . ~ . Doct 20 1 1 0:2 1 3 1 0 4, Pages 8 06/20/2011 2:23P1 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 Aoy nrovis{on herein which restricts the Sul Rental or use of the described e' REAL PROPERTY because of Roce, 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 senuence on the dote and at the time stumped herein by me, and was duly RECORDED in the Official Public Records of Nueces Counts, Texas Diana T. Borrero in ` ��1' ~.�.. _ �� ' m0 ��ria� C � m, ~^�'r�~ ~^~-- Q� �� pServices ~ �m�r�| w�"� ' ~~^ -_- 0 24w6 Leopard, Suite '- 7� Corpus Christi, ^^~78408 / �