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HomeMy WebLinkAbout028820 ORD - 10/26/2010Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 29,774 -SQUARE FOOT PORTION (0.684 ACRE) OF AN UNDEVELOPED AND UNSURFACED 55 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY (PAXTON STREET), OUT OF THE NAVIGATION INDUSTRIAL PARK, SAID PUBLIC RIGHT OF WAY BEING LOCATED NORTH OF THE AGNES STREET PUBLIC STREET RIGHT OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, CMC Cometals Steel is requesting the abandonment and vacation of a 29,774 -square foot portion (0.684 Acre) of an undeveloped and unsurfaced 55 foot wide, dedicated public right-of-way (Paxton Street), out of the Navigation Industrial Park, said public right of way being located North of the Agnes Street public street right- of-way, in order to accommodate construction improvements to their existing recycling facility; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, October 19, 2010, during a meeting of the City Council, in the Council Chambers, at City Ha!!, 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 right-of-way, subject to the provisions below. (Exhibit A, Vicinity Map and Exhibit B, Map of proposed street closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 29,774 -square foot portion (0.684 Acre) of a undeveloped and unsurfaced 55 foot wide, dedicated public right-of-way (Paxton Street), out of the Navigation Industrial Park, as recorded in Volume 27, page 90 of the Map Records of Nueces County, Texas, said public right of way being located North of the Agnes Street public street right-of-way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above right-of-way is conditioned upon compliance with the following: A) Staff recommends that payment of the fair market value be waived in accordance with City of Corpus Christi, Code of Ordinance §49-12(c)(4), which provides that no payment is required for the fair market value of any public street or other public way which is unimproved and not used for any public street purpose, as in this case. 028820 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda110-19-101Paxton St -Abandon & vacate ROw1ORDINANCE to Abandon and Vacate Paxton Street.docx INDEXED Page 2 of 3 B) City Wastewater Department has an 8 -inch sanitary sewer line within the undeveloped and unsurfaced public right-of-way and requires that a utility easement be retained or the sanitary sewer line be relocated at owner's expense; C) City Water Department has an 8 -inch water main within the undeveloped and unsurfaced public right-of-way and will require that a utility easement be retained or the water main be relocated at owner's expense; D) Upon approval by Council and issuance of the ordinance which grants the establishment, closure or alteration of any public street, alley, or other public way, the applicant shall: 1.) Record, at owner's expense, the approved action in the real property records of Nueces County, the county in which the property is located; and 2.) Apply for a replat of the affected properties. H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agendall0-19-101Paxton St- Abandon & vacate ROMORDINANCE to Abandon and Vacate Paxton Street.docx Page3of3 That the foregoing ordina ce was read for the first time and passed to its second reading on this the f day of Qp , 2010, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Eiizondo, Sr. Kevin Kieschnick Asatst-- Priscilla Leal John E. Marez Nelda Martinez Mark Scott That th forgoing ordinance was read for the second time and passed finally on this the (6d1h2ay of �. , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez A hyavf Larry R. Eiizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the 4ay of Vgdat,t, , 2010. ATTEST: )4&aii Armando Chapa City Secretary APPROVED as to form: October 4, 2010 eborah Walther Bro Assistant City Attorney for City Attorney Joe Addme Mayor 028820 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda110-19-101Paxton St- Abandon & vacate RCM/ORDINANCE to Abandon and Vacate Paxton Street.docx 1 1I f 1 I tor BLOCK J NAVIGATION INDUSTRIAL PARK SECTION 2 VOLUME 57, PAGES 37-38 M, R. N.C. T. OWNER: TOWERS OF TEXAS INC. TERMINAL STREET CLOSED BYE ORDINANCE NO. 022332 20_ Bux_ saw/LUNE 8 2 03 1� IRONN W/CAP BLOCK 5 NAVIGATION INDUSTRIAL PARK SECTION 2 VOLUME 27 PAGE 90 MR. N.C.T. LOT 22 I LOT 23 30' RAILROAD EASEMENT LOT 24 • 587.47 57 = TERMINAL STREET ( RiGHT OF WAY - UNDEVELOPED) WNER: A 10' BLOC SETBACK LINE! LOT I 0.684 ACRE STR (29,774 SQ FT) TO BE RETAINED A LOT 2 BLOCK 4 NAVIGATION INDUSTRIAL 41. PARK SECTION 2 E VOLUME 27, PA 0 �+ M. R.N. C.T. I cN COMMERCIAL METALS COMPANYI LOr 3 I LOT 6 ET CLOSURE A UTILITY EASEMENT) LOT 4 POINT OF BEGINNING 5199.58153'W 50.04' LOT 5 LoT 9 Lor 10 a NAVIGATION IND BLOCK 4 STR L PARK SECTION 2 tu VOLUME 41 PACE 132 N~ M.RN.Cr. LOT 2 BLOC" 1 502'12'06"W LOT 1 42.87' THE TEXAS MEXICAN RAILWAY COMPANY 15 ACRE TRACT VOLUME 19 PAGE 54 M.R.N. C. T. OWNER. COMMERCIAL METALS COMPANY iffektifTr o T L-8288' C.B. =NOT4r.34 • V C.L.=77.00 CURW z D=40"2878" T=12.65' L=24.23' C.B:=N2T26'f7'L' C.L. O=2$'41'32" R=20.OD' T=5.12' L=70.02' C.8..416;72 '491Y C.L.=9.92' SHEET 1 OF 2 This map represents a boundary survey ode on the upervision f 2008. ground under my R 2.. Rau/ A.'CostiYo, R.P.L.S. 15061 NO2'12 93' ' 4.66 LOT 11 PETALL o';"1 N8916'?6't 5.00 I ON ROD! 8 r• ABBREVIATIONS BLDG BUILDING C.B. CHORD BEARING C.L. CHORD LENGTH DC CENTERLINE 0.R, N C. T. DEED RECOrA RDS NUECES COUNTY, row M.R.N.C. T. MAP RECORDS, NUECES COUNTY, roots L INC.L TEO NO. NUMBER T TENT GRAPHIC SCALE 0 '120' 240' 1 '— i 20' GOLDSTON ENGINEERING A CH2M HILL Company EXHIBIT "A" COMMERCIAL METALS COMPANY CORPUS CHRISTI, TEXAS 0.684 ACRE PAXTON STREET CLOSURE PeoJ. IYo. 379324 PATE: 01-20--0!#Dwc. ;�Ia•li• �; minium =_ illllVliIII1li111111, 111111111114 s►A1C (ACNES SWLTIl 2 Flit Il ♦y, = -=R= Mll Mt=1 - ''4 ;1-1.. lli1111"= w ►I/1..1 i/ ii== __ =_ ='i 4,,,,, ._ s- >!l 1 1=- 11111111 `i 3.11 1111111lll1111IIIIIIItl1 _► II1llIIII1IIIt'IfuiIHIll =_ 1111111111111111111111111 == 1llllll11il1flclllll111II = CIIIIIIIinul =_ =141111111-111-- Il iltlllflillllfllllilf{i 1 _— _- 4 llf111111111/811111 l�!lltt�. IIll11tIH lap 11111U a 1 This map represents o boundary survey mode on the group under m supervision nFir-oFt of 2008. VICINITY MAP SCALE 1 " = 1000" SHEET 2 OF 2 GRAPHIC SCALE u 1000• 2000' 1 "— 1 000' OU Os GOLDSTON ENGINEERING A CH2M HILL Company EXHIBIT "B" 0.684 ACRE PAXTON PROD. NO. 379324 3 C! DATE: 11/28/08 Dn. 0 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRTSTI Ad #59516.51 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who being ,first duly sworn, according to .law, says that she is LEGAL SALES REPRESENTITIVE , 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 which the annexed is a true copy, was inserted in the CorpusChristi Caller -Times on the 4TH DAY OF' OCTOBER, 2010 $169.50. LEGAL SALES REPRESENTIVE On this 67 day of/ v , 2 o I certify that the attached document is a true and an exact bopy ma by publisher. PENN J. MEDINA MY COMM18S1©N EXPIRES August 2, 2012 Notary Public, State of Texas CALLER-TIMEScC October 4,2010 ct 31 Legal Notices NOTICE OF PUBLIC HEARING An application has been filed with the Corpus Christi City Council to consider the abandoning & va cating of the following public right-of-way; a 29,774 -sq. ft. portion (0.684 Acres) of an undevelopedand un- surfaced 55 nsurfaced'55 foot wide dedicated p,ublic right-of-way (Paxton St.), out of the Navi- gation Industrial Park, as recorded in Vol' 27 Pg 90, of the Map Records of Nueces County, TX, said public right-of- way, being located. north of the Agnes St. Public right-of- way; subject: to com- pliance with the specified conditions. The public: hearing on said application(t) will be held by the City Council in the. Council Chambers of City Hall, 1201 Leop- ard, In the City of Corpus Christi, Texas on Tuesday, October 19, 2010 after 12:00 p.m.during the regu- lar Council meeting, at which time & place. all persons & parties and/or .their agents may appear & be heard by the, said. City Council. /s/Armando Chapa City Secretary 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. 028820 passed and approved by Corpus Christi City Council on October 26, 2010 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 2nd day of November, 2010. Armando Chapa City Secretary Corpus Christi, Texas (SEAL) • Doc i 2 0 1 1 0 3 7 1_1..�7 4 Pages 7 10/12/2011 8:57AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fens $39.00 Any Provision herein which restricts the Sale? 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 NUE i:ES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me? and was duly RECORDED in the Official Public Records of Nueces County? Texas Diana T. Barrera JL C>k314161"3 64444.4.44.-} • � C � oLeo pa L * $4,79"11.,%4 %% 40- 4/1 4,I6 % • • 1, , k 11:k::› 40P i •:14'.._ .., • . 474 livi ilina+4. e # _ ,,ki../ - v., ,•• 4b, g •4.,.- 1+,4 .,,._ ' ♦♦,��� ���� Nr•.•••`•: PAXTON STREET CLOSURE Page 1 of 2 0.684 ACRES 29,774 SQUARE FEET EXHIBIT A BEING a 0.684 acre (29,774 square feet) tract of land known as Paxton Street an undeveloped street being 50 feet wide dedicated by plat of Navigation Industrial Park, Section 2 recorded in Volume 27, Page 90, Map Records, Nueces County, Texas and an area primarily 5 feet wide dedicated by plat of Lot 12, Block 3, Navigation Industrial Park, Section 2 recorded in Volume 61, Page 129 Map Records.Nueces County, Texas This 0.684 acre tract is more particularly described by metes and bounds as follows: BEGINNING at an iron rod with cap found for the northwest corner of Lot 2, Block 1 of The Texas Mexican Railway Company 15 Acre Tract, as recorded in Volume 19, Page 54 Map Records, Nueces County, Texas from which a 5/8 inch iron rod found bears South 02°12'06" West, a distance of 525.57 feet for the southeast corner of Lot 12, Block 3, Navigation Industrial Park Section 2, recorded in Volume 61, Page 129 Map Records,Nueces County, Texas. THENCE: South 02° 12' 06" West, with west line of said Lot 2, Block 1 and Lot 1, Block 1, a distance of 42.87 feet to a point on an easterly corner of said Lot 12, Block 3, for the southernmost corner of the herein described tract and a point on a circular curve to the right; THENCE: in a northwesterly direction with the easterly line of said Lot 12, Block 3 and said curve to the right, having a radius of 50.00 feet, a central angle of 100°42'11", an arc length of 87.88 feet, a chord bearing of North 07°40'34"West, and a chord length of 77.00 feet to a point at the beginning of a circular curve to the left; THENCE: in a northwesterly direction with the easterly line of said Lot 12, Block 3 and said curve to the left, having a radius of 34.30 feet, a central angle of 40°28'28", an arc length of 24.23 feet, a chord bearing of North 22°26'17" East, and a chord length of 23.73 feet to the point of terminus of said curve; THENCE: North 02° 12' 03" East, with the easterly line of said Lot 12, Block 3, a distance of 462.05 feet to a point for the northwest corner of the herein described tract, from which a 5/8 inch iron rod found on the most southerly southeast corner of Lot 4A, Block 3, Navigation Industrial Park Section 2, recorded in Volume 57, Pages 37 thru 39, Map Records, Nueces County, Texas bears North 02° 12' 03" East, a distance of 4.66 feet to the northeast corner of said Lot 12, Block 3, thence North 89° 56' 26"East, a distance of 5.00 feet to said 5/8 inch iron rod found; 379324 CMC 0.684 Ac MBDs.doc • PAXTON STREET CLOSURE Page 2 of 2 0.684 ACRES 29,774 SQUARE FEET THENCE: South 87° 47' 57" East, with the northerly line of the herein described tract, a distance of 57.46 feet to a point on the westerly line of Lot 1, Block 3, Navigation Industrial Park Section 2, recorded in Volume 27, Page 90 Map Records, Nueces County, Texas and being on a circular curve to the left for the northeast corner of the herein described tract; THENCE: in a southeasterly direction with the westerly line of said Lot 1, Block 3 and said curve to the left, having a radius of 20.00 feet, a central angle of 28°41'32", an arc length of 5.12 feet, a chord bearing of South 16°32'49" West and a chord length of 9.92 feet to the point of terminus of said curve; THENCE: South 02° 12' 03" West, with the westerly line of Lots 1 thru 5, Block 3, Navigation Industrial Park, Section 2 a distance of 505.76 feet to a point on the northerly line of said Lot 2, Block 1 of The Texas Mexican Railway Company 15 Acre Tract, the southwest corner of Lot 5, Block 3 for the southeast corner of the herein described tract; THENCE: South 89° 58' 53" West, with the northerly line of said Lot 2, Block 1 a distance of 50.04 feet to the POINT OF BEGINNING of the herein described tract containing 0.684 acres (29,774 square feet) of land more or less. Raul A. Castillo,R.P.L.S.No. 5061 rfRFo \ RAUL A. CASTILLO 5061 379324 CMC 0.684 Ac MBDs.doc MK /• %,,p,7`�.�+. Qom•♦ 4110Vrel+ = 1114.11a / 1-k*'..•.,:.. .b.,i $*,7-e es* _. *)40. *. N),4, ail k V 41PV M% 4&#"' ? /AV/ , Ellitiakcife.. jos " ,.,,♦♦� .-♦ .1�,♦♦♦♦-�.`♦♦- • 1���II- %�,1, „ez i4111 I ♦ . ♦.%. . ♦ .• S40. it HP! Ellga �.2 _ , ‘#!I/I $44 4044:44 .• �`0.68ACREr�� � �/ �1�I ����STREET' CLOSElR �%�■■.:_iima... \'' ♦1�� I1 ��♦ � ����� 11 . ip.„;tb.•e4,!,.. 4%.1*—ji• =:_rz 1IIIIIIIIIII�IIIIIIIIII/ ''����%���, �9i%%1 IMMOI ons IIIIIIII STM(mom)44 mows warn I _i II- ,IIP ' I '11111 i '�'� •- '-�;c 1 asim i . 911uuuttutl . a,411,1 . �— V ' -- - • ' --:nlnul - • ' IIIIIUIIIIIIII ! -'� iI1i 111111111/1111 �r •11111111111 } +-- `� ri _ ' �� ., II illillg _ !ice (11 C __,__ _E'Midi111dI trill _ C 11111111111111;1111111111 II g ■. IIIIIII111111 a utr.,,, „mi r, – -.,:,,_■,.,:_.,,:,_, 11111111111lltl unuulumawuuu =_ =unl lu E.E. nmii u><m =_ i 11111uu1u17 =_ 3 VICINITY MAP -_ -_ 1 SCALE 1" = 1000' F g z • 3 _ 1 .OF . A v.....st,W4;e..4.k- i RAUL A. CASTILLO • 5061 r GRAPHIC SCALE 1 fESSIO���Q- f V 1000' 2000' i 4�' SUR4•to• SHEET 2 OF 2 1 .... 1000 w g r is mop represents o boundary survey COMMERCIAL METALS COMPANY i ode on the ground under mj n CORPUS CHRISTI, TEXAS G ,upervision •n FG131 'R•a 2.ai- " T 2D08. 0.684 ACRE -�,.� GOLOSTON ENGINEERING PAXTON _STREET CLOSURE _ 'du as, o, i. _ A CH2MHILL Company PRQI. NO. 379324 DATt: 11/26/08 0We. 0 EXHIBIT"B" • • f Docs 2011037027 t Pages 7 10/12/2011 8:57AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 Any provision herein which restricts the Saler 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 sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera vul a E , oc Leota-ietc. P J