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Home My WebLink About029666 ORD - 10/30/2012Ordinance abandoning and vacating the five-foot wide utility easement out of Portmoor Addition, Block 1, Lot 8; and requiring the owner, Bill Miller Bar B Q, to comply with the specified conditions. WHEREAS, First Hartford Realty Corporation, acting as agent on behalf of Bill Miller Bar B Q ("Owner"), is requesting the abandonment and vacation of the five-foot wide utility easement out of Portmoor Addition, Block 1, Lot 8, located east of Port Avenue and north of Morgan Avenue, to accommodate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, October 23, 2012, 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 the 5 -foot wide utility easement out of Portmoor Addition, Block 1, Lot 8, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of First Hartford Realty Corporation, acting as agent on behalf of Bill Miller Bar B ("Owner"), a five-foot wide utility easement out of Portmoor Addition, Block 1, Lot 8, located east of Port Avenue and north of Morgan Avenue, as recorded in Volume 24, Page 53, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a field notes map, and Exhibit `B," which is a metes and bounds description, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in its entirety. Section 2. The abandonment and vacation of the utility easements described in Section 1 of this ordinance is expressly conditioned upon Owner's compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49- 12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at Owner's expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. 029666 INDEXED c. Prior to the permitting of any construction on the affected properties, the Owner must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. The forego' r nancgwa read for the first time and passed to its second reading on this the y of 012, by the following votes: Joe Aflame Chris Adler Kelley Alien Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott The foregoing ord' ance was 'read for the second time and passed finally on this the Spay of , 2012, by the following votes: Joe Adame �� 4 David Loeb S (! � Chris Adler , . � John E. Marez 1 j I Kelley Allen Nelda Martinez Larry Elizondo, Sr. �%ai� Mark Scott Priscilla Leal PASSED AND APPROVED this the v day of , 2012. ATTEST: Armando Chapa City Secretary Joe A me Mayor 029666 Lot 7 Vol. 25,Pg. 4, N.C.M.R. PLAT SHOWING 5' UTILITY EASEMENT ABANDONMENT BEING 0.006 ACRES 252.93 Sq. Ft. OUT OF LOT 8, BLOCK', VOLUME 24, PAGE 53 AL am.R. PORTMOOR ADDITION SUBDIVISION Vol. 24,Pg. 53, N,C.M.R. L2 Lot'� Vol. 20,Pg. 9, N.C.M.R. P.O.B. N.E. COR. LOT 8 BLOCK 1 to 0 25,Pg. 61, N.C.M.R. Lot 11 Vol. 51,Pg. 33, N.C.M.F „...,<.::::;,:`,..,,,-. ..d.III 911.:: :::.,•.,7„.. ,\ ,,,.....:.::..w, Ftp...1:1:::u.R.:0,40.: •.::::.:,::::,.....,,,.,:,..„..,,,,...:„..,. t....•••?.., e • a si. t .., ..... . . t k • .0 3.0 . . v...., , 17id.:.::: 4750 %;',/ EXHIBIT A '•-;%;•-sts1.:,-.- -,90.IR'• : -1 1i FRED L. KLIOTH,..:AREGISTERED PROFESS fl) NAL LAND SURVEYOR00,.HEIRESY CERTIFY THE FOREGOING PLAT...II:x.13E TRUE AND CORRECT iiREPRESENTATION OF 'A SURVEY MADE ON THE GROUND ON 0 1102 UNDER MY DiipT(orq •BOOK T*4927... PG.. 4-66 AND SLIPERV ION. DATE08/04/20r12 - • ,,,,,, _,. . JOB No.:tpp4300. FR H,,:d. No. z1750: DATE: ....dill9...or..o.e.4.1( , DRAWN BY :r.t4 ::r1-1/2_,.. . :FiLg. HAW f2093.14/ . p • : ,..:c0RYRIG.Hy.ao2maisette. Hum'. pALL,0:GifrogEsERVED AN ADDITION TO THE CITY OF CORPUS CHRISTI NUECES COUIVTY, TEXAS LINE DATAll" S 01°36'40" E: 50.60' LINE DATA "L2" 88°374)05W • 500' LINE DATA1.3" N 01°-36'44r W 50.58' LINE DATA L4" N 88°23'20' E 5.00' FLOOD:20NE ZONE:."0" AREAS OF FsgNIMAL. F_001:311\10 COMMUNITyTANEI....m.pipek- 485464 01.138C MAP REVISED:: JULY 181966 NOTES: SURVEY 15 VALID ONLY IF PRINT HAS ORIGINAL SEAL AND SIGNATURE OF•SURVEYOR. ficLDEn & flunT inc. CONSULTANTS - ENGINEERS • SURVEYORS 227 N. P.M. 3167 RIO GRANDE Clit, IX MU PH: (956) 487-8256 FAX: 050 488-8591 115 W. McINIYRE EDINBURG, TX 78541 PH: (956) 381-0981 FAX (956) 381-1839 www.ineldenandhunt.com September 5, 2012 METES AND BOUNDS DESCRIPTION 0.006 AC. OUT OF LOT 8, BLOCK PORTMOOR ADDITION SUBDIVISION CITY OF CORPUS - CHRISTI NUECES COUNTY, TEXAS EASEMENT ABANDONMENT A tract of land containing 0.006 of one acre [252.93 square feet] situated in the City of Corpus Christi, Nueces County, Texas, being a 5 -foot utility easement as shown in the plat of LOT 8, BLOCK 1, PORTMOOR ADDITION SUBDIVISION, according to plat thereof recorded in Volume 24, Page 53, Nueces County Map Records, said 0.006 of one acre [252.93 square feet] also being more particularly described as follows: BEGINNING at the Northeast corner of said Lot. 8, Block 1, for the Northeast corner of this tract; 1. THENCE, S 01° 36' 40" E along the East line of said Lot 8, Block 1, a distance of 50.60 feet to the Southeast comer of said Lot 8, for the Southeast corner of this tract; 2. THENCE,: S 88° 37' 00"W along the South line of said Lot 8, Block 1, a distance of 5.00 feet to the Southwest corner of this tract; 3. THENCE, N 01° 36' 40" W along a line parallel and 5.00 feet West of the East line of said Lot 8, Block 1, a distance of 50.58 feet to a point on the North line of said Lot 8, for the Northwest corner of this tract; 4. THENCE, N 88° 23' 2t)'_' E along the NOrth line of said Lot 8, Block 1, a distance of 5.00 feet to the POINT OF BEGINNING, and containing 0.006 of one acre [252.93 square feet] of land, more or less. I., FRED L. KURTH, A REGISTERED PROFESSIONAL LAND. SURVEYOR :pc) HEREBY AFFIRM THAT THIS METES AND BOUNDS DESCRIPTION, REPRESENTS THE RESULTS OF .A SURVEY MADE ON THE GROUND ON .03/14/2012 UNDERMY DIRECTION AND SUPERVISION, 9-.4/z- ... \ D L. KURTH, R. .L.S. #4750 DATE: ZISURVEY112003.10IMMG.006 AC. EASEM ABANDONMENT EXHIBIT kue..R:s.14,.. 8- • 5 (C D o._a 2 0 I.2`04 4 0 8 5 • ¢yUSC ` o� �I� �A CITY OF CORPUS CHRISTI , �r^r U v� CERTIFICATION OF PUBLIC RECORD 1852 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. 029666 passed and approved by Corpus Christi City Council on October 30, 2012 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 5th day of November, 2012. 0)Y491/4Q-0 Armando Chapa �. City Secretary f• Corpus Christi, Texas r�.. �...,,t. .\ r \ r: JI ct.,,r,, —. r , oR,�A10 , f , c�,'1�k �,wd City of Corpus Christi Armando Chapa,City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 armandoc@cctexas.com cctexas.com . . ` . . , ~ Doct '70 1:704403F; 4. Pages 6 11/08/2012 2:33PM Official Recor.| . of NUECrS COUNTY DIANA T. BARR[RA COUNTY CLERK Fees $3i .00 Any nrovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Hondicun, Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF N:ECES I hereby certify that this instrument was FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borrern . � j City of Corpus MOO DEPARTMENT SERVIeg.?, 2406 LeOperd Corpus Christi, TX 7134013