HomeMy WebLinkAbout030170 ORD - 04/29/2014Ordinance abandoning and vacating a portion of an existing blanket
pipeline easement within a 4.07 acre tract, out of a part of Lot 5,
Section 8, Bohemian Colony Lands, located north of the Saratoga
Boulevard (State Highway 357) state right -of -way, and located east of
the Ayers Street public right -of -way; and requiring the owner, Spear
Consolidated, Ltd., to comply with the specified conditions.
WHEREAS, Spear Consolidated, Ltd. ( "Owner") has requested the abandonment
and vacation of a portion of an existing blanket pipeline easement within a 4.07 acre
tract, out of a part of Lot 5, Section 8, Bohemian Colony Lands;
WHEREAS, with proper notice to the public, a public hearing was held on
Tuesday, April 22, 2014 during a meeting of the City Council, during which all interested
parties and citizens 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 blanket pipeline
easement, subject to compliance and provisions below.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Pursuant to the request of Spear Consolidated, Ltd., ( "Owner"), a portion
of an existing blanket pipeline easement within a 4.07 acre tract, out of a part of Lot 5,
Section 8, Bohemian Colony Lands, located north of Saratoga Boulevard (State
Highway 357), and located east of Ayers Street, as recorded in Clerk's File No. 162158,
Volume 268, Page 253 -254, of the Official Deed Records of Nueces County, Texas, is
abandoned and vacated by the City of Corpus Christi ( "City "), subject to the Owners'
compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A,"
which is the Lot 1, Block 1, Spears Subdivision Final Plat, is attached to and
incorporated in this ordinance by reference as if each were fully set out herein in their
entireties.
SECTION 2. The abandonment and vacation of the utility easement described in
Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with
the following requirements:
a. Staff recommends that payment of fair market value be waived because the
blanket easement that encumbers the 4.07 acre tract, out of a part of Lot 5,
Section 8, Bohemian Colony Lands, serves of no purpose or value to anyone.
b. Owner must dedicate a 15 -foot wide new utility easement along the entire
frontage area of Saratoga Boulevard within the said 4.07 acres property being
released by the City in this easement closure action.
c. Upon approval by the City Council and issuance of the ordinance, all grants of
easement closure and specified conditions must be recorded at the Owners'
expense in the Official Deed and Map Records of Nueces County, Texas, in
which the affected property is located, with a copy of the recording provided
to the City.
03017 )
INDEXED
d. Prior to the approval of the building permit and the permitting of any
construction on the affected property, the Owners must submit up -to -date
surveys, abstracted for all easements and items of record, to the Director of
Development Services, or his designee.
e. Owners must comply with all specified conditions of the ordinance within 180
days of City Council approval.
The foregoin • • r.,inance was read for the first time and passed to its second reading on
of , 20%14-, by the following vote:
this the
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
The fore g oin o���rd��iinance was read for the second time qnd passed final) on
o
this the au May of ( A 9AQ , L U , 20 I bythe following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
PASSED AND APPROVED this the
ATTEST:
Rebecca Huerta
City Secretary
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
Nelda Martin
Mayor
030170
, 204.
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