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Home My WebLink About029732 ORD - 01/22/2013Ordinance abandoning and vacating a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2; and requiring the owners, Gregory and Nancy Graves, to comply with the specified conditions. WHEREAS, Gregory and Nancy Graves ( "Owners ") are requesting the abandonment and vacation of a 5 -foot wide by 20 -foot long utility easement out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street, to accommodate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, January 8, 2013, 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 by 20 -foot long utility easement, 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 Gregory and Nancy Graves ( "Owners "), a 5 -foot wide by 20 -foot long utility easement, totaling 100 square feet, out of Lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, located north of Catalina Place and west of Santa Fe Street, as recorded in Volume 11, Page 46, of the Official Deed and Map 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 a metes and bounds description, and Exhibit "B," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entirety. 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. Fair market value is waived because the Owners' dedicated 5 -foot wide by 20 -foot long utility easement is no longer needed by the City for any public utility purpose, the easement does not contain any public improvements, and an alternate dedicated public utility easement exists on the Owners' property. b. 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. c. Prior to the permitting of any construction on the affected property, the Owners must submit up -to -date surveys, abstracted for all easements 029732 INDEXED and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoi ordinance as read for the first time and passed to its second reading on this the 'day of , .20J3 by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb The foregoi this the Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott _(Thes_J- finance was read for the second time and passed finally on d of , 20 I3by the following vote: Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary Nelda Martinez Mayor 029732 S STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field Notes of a 5' x 20' existing easement to be closed out of lots 17 and 18, Block 8, Lamar Park Subdivision Section 2, as shown on a map recorded in Volume 11, Page 46, Map Records Nueces County, Texas. Said 5' x 20' easement being more particularly described as follows: COMMENCING at a point for the common north corner of Lot 16 and Lot 17, THENCE with the north line of Lot 17 along an curve to the right with a radius of 2205.10 feet, and a radius point that bears North 28 °56'29" West, a distance of 2205.10 feet, an arc distance of 47.50 feet to a point in the north line of Lot 17 and also being in the centerline of an existing 10' utility easement, THENCE South 27°10'11" East, a distance of 5.00 feet to a.point for the northeast corner of this easement and the POINT OF BEGINNING. THENCE South 27 °10' 11" East, a distance of 20.00 feet to a point for the southeast comer of this easement. THENCE South 62°20'38" West, a distance of 5.00 feet to a point for the southwest comer of this easement. THENCE North 27°10'11" Fast, a distance of 20.00 feet to a point for the northwest corner of this easement. THENCE with south line of an existing utility easemenfhaving a curve to the left cunning parallel to the north line of Lot 17, a distance of 5.00 feet to the POINT of BEGINNING of this easement, and containing 100 square feet of land, more or less. Notes: 1.) Bearings are based on recorded plat of Lamar Park Subdivision. 2.) A Map of equal date accompanies this Metes and Bounds description. 1, Ronald E. Brister do hereby certify that this survey of the easement legally described herein was not made from an on the ground survey and is correct to the best of my knowledge and belie Ronald ' .: er, RPLS No. 5407 Date: October 09, 2012. Job No. 12872 / 1 SURVEY OF A 5' X 2U' EASEMBNTTO BE CLOSED OUT OF LOTS 17 AND 18, BLOCK 8, LAMAR • PARK SUBDIVISION SECTION Z, AS SHOWN ON A MAP RECORDED IN VOLUME 11, PAGE 46, MAP RECORDS NUECES COUNTY, TEXAS SCALE 1" —301 LOTIO,BL&8 L711ARPAPK VOL 11,P.46 1.0r19, BUN LAMAR PARK VOL EL P.46 M.R.N,CT. Dvt1.E. J LOTII,BLKB LAMAIIPARK VOL 11,P.46 M.R.N.CT. 4M7141N •OS DnP ------------ sa 863'ffi'�'W LOT MOMS IAMARPABK VOL 11,P.46 MILNArT. Lanz 9uce /MARROW VOL 14146 MAW. 47,5' t SAW (MEAD) LOT17,B188 LAMAR PARK VO.II, P.46 M.RNGT LOT16,BIKB LAMAR PAW VOL %P.46 MRNC7. CATALINA PLACE SO' RIGHT OF WAY 1 Brister Surveymg 4699 Emhart Soft 100 Comm CIMO,T X78411 OR96Uend8M Ru361 B 11Oc H6ueawnylelecotyw.hc6 my EXHIBIT B . OCTOBER SM.= NOM Ly7IIPALsTio eTEDAIQdAIS160BOUAREPE64: 2,}MBARIREDBEAMMO AREHABBDON REOOIOgOPLAT nos S80.VEYDOE6 NDr HICLOAE THE i D V GATIDN,OR TT[ SOP ORMOLU JAWED amu=ODHORpoy =Tint m T71E6SURVBYDP78ERABBIOBNPIHDALLY LIEBOA MOOMEMNWASNOTMADBPROMAN ONKERORO11NDSURVEY AND 16ODERE :FTO MB SWOP IAy 1440 WEEDOB AND SELLER JOB NO. 12872 RON LDRERSTO RILL NQ9417 Doct 20_01 3004870 41 n2/06/2013 3:24F'M Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 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 029732 passed and approved by Corpus Christi City Council on January 22, 2013 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 29th day of January, 2013. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) Esri\--1 C 0 (_Lf\ii\M- NO) bLy, Z3 Lots � ^ , . * Doc4 2C)1301041-8711.1 4 Pages 6 02/06/2013 3:24PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion/ Sex, Handicap/ Familial Status/ or Nu� iunol 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 stnmned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borrero c�� ' c » City of Corpus Christi DEPARTMENT SERVICES 2406 Leopard Corpus Ch[isti, TX 78408