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HomeMy WebLinkAbout026146 ORD - 02/15/2005 AN ORDINANCE ABANDONING AND VACATING A 1,250-SQUARE FOOT PORTION OF A 10 FOOT WIDE ALLEY RIGHT-OF-WAY OUT OF LOTS 27-35, BLOCK 5, STEELE'S ADDITION (BETWEEN S. PORT AND HARMON STREET); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 1 ,250-square foot portion of a 10 foot wide alley right-of-way, out of Lots 27-35, Block 5, Steele's Addition (between S. Port and Harmon Street), as recorded in Volume 2, Page 49, Map Records Nueces County, Texas, that the owner, Alfonso Quintero, III, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 1 ,250-square foot portion of a 10 foot wide alley right-of-way, out of Lots 27-35, Block 5, Steele's Addition (between S. Port and Harmon Street), as recorded in Volume 2, Page 49, Map Records Nueces County, Texas, is abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. Owner is exempt from payment of the fair market value due to the alley right-of- way being acquired by the abutting property owner, as per Sec. 49-12. 2. Owner is to retain the entire alley ROW as a utility easement. 3. Owner is to relocate the adjacent property owner's water meter at his expense. 4. AEP had no objections but will seek reimbursement if adjustments to their facilities become necessary. 5. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 6. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. H: \LEG- D [R \Joseph \0 RD-Stee 1e-a[ ley-av ,doc 026146 That the foregoing omQance was read for the first time and passed to its second reading on this the U day of -f.e,L.'1 "-'IV'I ' 2005, by the following vote: Samuel L. Neal, Jr. WlYlk- ,f Bill Kelly Clu~iC :; Brent Chesney ~*" Rex A. Kinnison CUJ!c , Javier D. Colmenero (j,......." ~. Jesse Noyola ~d' .1 Melody Cooper a~r Mark Scott Cup J Henry Garrett ~ ,. :;,.. '-4'1 Brent Chesney Javier D. Colmenero 'L'-j( Jesse Noyola Melody Cooper :'- L__C t',-~ J Mark Scott Henry Garrett ~ PASSED AND APPROVED, this the ~ day of ,-.:~~, L~'-<;-" '\ ,2005. ATTEST: CITY OF CORPUS CHRISTI ~ Armando Chapa City Secretary ?L_.~ ~ Samuel L. Neal, Jr. Mayor /' Approved rd;......... 3 . ,2005 By: ~A~ Jose h Harney 0 Assistant City Attorney For City Attorney H :ILEG-D IR 11 oseph 10 RD-Steele-alley-av. doc 02Fl146 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT A/R'COLl E 100s . CTlONS JAN 26 A CITY OF CORPUS CHRISTI 11//: 00 Ad # 5105574 PO # ss: Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING WHEREAS, which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 24TH day(s) of JANUARY, 2005. $ I 58.23 bL'OJlfl. W- tM.o-aO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of JANUARY 25, 2005. a CM4 Yncvu~ dLmO-u Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . January 24~2.005 . C A L), fJl- TI M Ii S NOTICE OF PUIIUC HEARING -,~.) ~.~:r& c;, ';' Corpuo ClIiIlI. T...., to conlllllr .acatlng .:nd abandoning ... _ng all8y(oI; . 1.125-a,',\u~'I~ =oy~-"- out 01 LoIo 2'Mll. 81OQ~ 5. St...... -.. <- 8. I Port "you.. and -~. ~_!HEIlEFOIIIE, ' I'IU'''''' IS HS'lPV OIYEN THE PllII.IC: n.tapullllc= on eakI .ppolL . It to con.lde, ttlie vacating and ablnclonlng will ... =",b~ ':'~ ChombO<S of City -. 1201 L.eopord. 10 ... City 01 Corpu' Chrioll. T.... on T.-y. FobnJsry 8. 2005 _ 10:00 a.m. during the regular Council meeting. at which time and place all ~s and parties ancUor their 8g4itnts may apP.88r and be bel\Ill bt' IRe said Ctty Council. e_ on .-ry 24. 2005. IsI_~ CIty lIoONIIlry ~.of~C1wtsti 1 \ , ! \ , ~ A 5 Doc# 2005014942 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance 026146 passed and approved by Corpus Christi City Council on February 15, 2005 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 25th day of February, 2005. 1\); Ott I a Juar \-fr) Assistant City Secretary "° 2.,7`. Corpus Christi, Texas . Jf (SEAL) Oliveira Land Surveying Registered Professional Land Surveyors 3206 Reid Drive-Suite 18-B-Corpus Christi,Texas 78404 Telephone-361-851-2774-Fax-361-851-2936 Page l of l - Field note description for a 10 foot wide by 125 foot long alley running East-West between South Port Avenue and Harmon Avenue in Block 5, Steele's Addition, a subdivision of the City of Corpus Christi, Texas, recorded in Volume 2, Page 49, Nueces County, Texas Map Records and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod found in the east right-of-way line of said Harmon Avenue,the southwest corner of Lot 31,said Block 5,for the northwest and beginning corner of the tract herein described; Thence North-88°-30'-East,with the south line of Lots 31,30,29,28&27, said Block 5,at 0.8 feet pass a 7 foot high Industrial-Type Hurricane Fence,at approximately 122.6 feet pass another 7 foot high Industrial Type Hurricane Fence, in all, a distance of 125.0 feet to a point in the west right-of-way line of said South Port Avenue,the southeast corner of said Lot 27,for the northeast corner of the tract herein described; Thence North-1°-30'-East,with the west right-of-way line of said South Port Avenue, a distance of 10.00 feet to a point,the northeast corner of Lot 36, said Block 5, for the southeast corner of the tract herein des- cribed; Thence South-88°-30'-West, with the north line of Lots 36, 35, 34, 33 & 32, said Block 5, at approximately 2.4 feet pass the east wall of a 1-story Masonry building,at approximately 24.3 feet pass the west wall of said building, in all, a distance of 125.00 feet to a 5/8 inch iron rod found in the east right-of- way line of said Harmon Avenue,for the southwest corner of the tract herein described; Thence North-1°-30'-West,with the east right-of-way line of said Harmon Avenue, a distance of 10.0 feet to the Point of Beginning. Containing 1,250.00 square feet(0.0287 acre)of land. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared from a survey made on the ground under my direction, that there are no encroachments, except as shown and that this survey conforms to the Texas Surveyor's Association Standards & Specifications for a Category 1-A, Land Title Survey,that the source of bearings used East line of Block 5, shown as North-1°-30'-West in parent tract, Steele's Addition as recorded in Volume 2, Page 49, Nueces County,Texas Map Records. This the L e day of //i, _tIA. 2005. . . .--c t.9.F Tic 446.6,....).... dpL... _- 4....... oracio Oliveira I y.•Q State of Texas License No. 1415 . HORACIO OLIVEIRA '1 `‹ '9o'`ESSt.o. ...4.0` � / I • Av 4465 c rg0,6P 7 25..o' 1. •, Zsd• h \, 3/ 30 Zq 2.85' : 27 (‘i'. - -* 144 11 m � '., .1 ,, , 4- v • o `2 a''/•Q © ^eta,. ml ,vgg'a 'E'. /zoo' \ k It \\1),. x� 0 f70 1.1,,- - ,- i 1 21.9' JI i.i's r///i// >- �- x./`d ' R. S. 88-3d 1 f! / 5.o ' / /' z.4/- 1$ 4 - /-Siory gedg. N. Q � 32 33 -V 3' 4. 36 36 \ Cai 2.0.0,• ., • 25.0, MeRge/ R/TE g Tie.0' kir" State of Texas / County of Nueces • • 1, Horacio Oliveira. a Registered Professional Land Surveyor,of Oliveira Land Surveying,do hereby certify that the it„„ . ity F•.v foregoing map was prepared from office information and from a survey made on the ground under my direction, that ,:"""k•e� (�•�, there are no encroachments except as shown and that this survey contbrms to the current Texas Surveyor's Association Standards and Specifications for a Category' 1-A, Land Title Survey. ) HORACIO O IVEIRA` This the /6 day of 114 4. 4 2005. t �••0•9 1415 Or r•-•� f Horacio Oliveira ' •`-..`p� State of Texas License No. 1415 4 • General Notes: Legend: Monumentation is as shown. I.R. Iron Rod Survey Map of a Source of bearing=East line of I.P. Iron Pipe 10 Foot Alley in Block 5, Block 5.shown as North 10-30'- Fd. Found Steele's Addition West in Parent tract-Steele's D.11. Drill l tole Addition as shown in title. / O—Overhead Power Reference: Volume 2, Page 49, Area= 1,250.0 S.F.(0.02870 Ac.) Line. Nueces County,Texas Map Records i By Graphic Plotting only,this area ,c x .K Hurricane Type is in Flood Zone"C",Community Industrial Fence Scale: Schematic and Panel No.485464-0166C,with N.C.T.M.R. Nueces County, an effective FEMA map dated July Texas Map Records, t 6. 1985. This area is not in a special Oliveira Land Surveying flood hazard zone. Registered Professional Land Surveyors This map to accompany field note 3206 Reid Drive-Suite 18-B-Corpus Christi,Texas 78404 description. Telephone-361-851-2774-Fax-361-851-2936 Any provision herein whictl restricts tie Sale,'Rent*cruse 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 0 rogoro IR-DC7•t-JI-r�4^�• + STATE OF TEXASCV X. sz+rzmnm� Gn o m COUNTY OF NUECES C.11 I hereft ceitfy that this instrumt"it was t 11t m RekEuimtor2> tn' .- *getttce ein tf;e date and at the time stamped herein by m€,gqi0 µ w Orly Ir CODED.in the Official Public Records of 4 u� k&tes Coety Ttixes COUNTY CLERK NUECES COUNTY,TEXAS City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408