HomeMy WebLinkAbout029966 ORD - 10/08/2013Ordinance abandoning and vacating a portion of a 10 -foot wide utility
easement out of Parkdale Village Annex B and Lot 2, Parkdale Village
Annex C and requiring the owner, TWF Partners, LLC., to comply
with specified conditions.
WHEREAS, TWF Partners, LLC. ( "Owner") has requested the abandonment and
vacation of a portion of a 10 -foot wide utility easement out of Parkdale Village Annex B
and Lot 2, Parkdale Village Annex C;
WHEREAS, with proper notice to the public, a public hearing was held on
Tuesday, September 24, 2013 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 a 1,826- square foot portion of a 10 -foot
wide utility easement, subject to compliance by the Owners with the conditions specified
in this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Pursuant to the request of TWF Partners, LLC. ( "Owner"), a 1,826 - square
foot portion of a 10 -foot wide utility easement out of Parkdaie Village Annex B and Lot 2,
Parkdale Village Annex C, located west of South Staples Street and north of Everhart
Road, as recorded in Volume 27, Page 67, and Volume 29, Page 12, 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 of the subject portion, 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 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. 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 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.
n2 966
INDEXED
c. Prior to 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.
d. Owners must comply with all specified conditions of the ordinance within 180
days of City Council approval.
The foregoing ordinance as read for the first time and passed to its second reading on
this the ay of - + ' , 20 6, by the following vote:
aig Nelda Martinez Chad Magill
Kelley Allen Colleen McIntyre
Lillian Riojas
Mark Scott
Rudy Garza
Priscilla Leal
David Loeb
The foreg9insordinancevqs r ad for the second time and passed finally on
this the day of - , 2013, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED this the BP day of
ATTEST:
Armando Chapa
City Secretary
Ctdo
elda Martinez
Mayor
0
LI RBAN
ENGINEERING Revised: August 30, 2013
Job No. 40889.03.01
August 06, 2013
10 Foot Wide Utility Easement Closure
STATE OF TEXAS
COUNTY OF NUECES
Field notes for the closure of a 10 foot wide utility easement, 0.042 acres, more or Tess, over and across of
Parkdale Village Annex "13", a map of which is recorded in Volume 27, Pg, 67, Map Records of Nueces County, Texas and
Lot 2, Parkdale Village Annex "C ", a map of which is recorded in Volume 29, Page 12, Map Records of Nueccs County,
Texas, said easement being more fully described as follows
Commencing at a 1/2 inch iron pipe found on the North R -O -W fine of Whalaburger Way, a public roadway, for
the Southeast comer ofsaid Lot 2, same being the Southwest corner ofsaid Parkdale Village Annex "B ", thence North
28 05010" East, 10.00 feet to the Point of Beginning and fora point in the Southwest boundary of this casement;
)hence, North 61 °09'30" West, with the said Southwest easement line, 5.00 fat, to the Southwest corner of this
casement;
Thence. North 28 °50'30"" East, 185.57 feet. to the North comer of this easement,
Thence, South 31°06'10" East, passing the Southeast line of said Lot 2 and the Northwest line of said Parkdale
Village Annex "B ". 11.55 feel, to the East a corner ofthis casement;
fhcnce, South 211 °50'3U" West. 179.61 feet. to the South corner of this casement„
Thence, North 63 °05"13 " West, 5.00 feet, to the Point of Beginning, containing 0,042 acres (1,826 Sq. Et.) of land,
more or Tess.
Bearings are based on the recorded plat of Parkdale Village Annex "C ", a map of which is recorded in Volume 29,
Page 12, Map Records ofNueces County, Texas„
Unless Ibis fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original
form. surveyor assumes no responsibility for its accuracy.
Also reference accompanying sheich of tract described herein.
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a DAN LEE URBAN
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URBAN ENGINEE
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Dan L. Urban, R.P.L.S.
License No. 4710
EXHIBIT A
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(361)854.3101 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404
www.urborteng.com
IBPE Firm 1145
FAX (361 )854.6001
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Location Map N.T.S.
UNE BEARING DISTANCE
L1 N61'09'3011! 5,00'
L2 S31'081101 11.55'
L3 N83'05'131'1 5.00'
immml Sketch to Accompany
F1ELDNOTES for the closure of o 10.00 foot wide utility easement, more
or leas, over and across of Parkdaie Village Annex 'B ", a map of which
is recorded in Volume 27. Pg. 67. Map Records of Nueces County. Texas
and Lot 2, Parkdaie Village Annex "C ", a mop of which is recorded In
Volume 29, Page 12, Map Records of Nueces County, Texas.
EXHIBIT B
URBAIst
ENGINEERING
M50 CORPUS CHRISTI. TEXAS SHEET: 1 of 1
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1 CITY OF CORPUS CHRISTI
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yrE CERTIFICATION OF PUBLIC RECORD
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1852
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 No.
029966 passed and approved by Corpus Christi City Council on October 8, 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 October, 2013.
Rebecca Huerta
Assistant City Secretary
,,i i Corpus Christi, Texas
✓ '? i=
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City of Corpus Christi
Rebecca Huerta,Assistant City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
rebeccah@cctexas.com
Docs 20131)52515
Pages 6
12/11/2013 11:14AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK.
Fees $35.00
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 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
raF
1 �I'M A t ) AMNA,40.--)
City of Corpus Christi
DEPARTMENT SERVICES
2406 Leopard
Corpus Christi, TX 78408