HomeMy WebLinkAbout030338 ORD - 11/18/2014 Ordinance abandoning and vacating an undeveloped and unsurfaced 21,690
square-foot portion of the Bockholt Road public street right-of-way, out of
GC&SF RR CO Survey, Abstract No. 1005, Nueces County, Texas, being a
portion of those certain tracts of land described as Tract Two and Tract Three,
located between the Old State Highway 44 right-of-way and the New State
Highway 44 right-of-way; and requiring the owner, George Picha, to comply
with specified conditions.
WHEREAS, George Picha ("Owner") has requested the abandonment and vacation of an
undeveloped and unsurfaced 21,690-square-foot portion of the Bockholt Road public street right-
of-way out of GC&SF RR CO Survey, Abstract No. 1005, Nueces County, Texas, being a portion
of those certain tracts of land described as Tract Two and Tract Three;
WHEREAS, with proper notice to the public, a public hearing was held on Tuesday,
November 11, 2014, 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 the subject portion of the undeveloped and unsurfaced
public street right-of-way out of Bockholt Road, 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 George Picha ("Owner"), an undeveloped and unsurfaced
21,690-square-foot portion of the Bockholt Road public street right-of-way out of GC&SF RR CO
Survey, Abstract No. 1005, Nueces County, Texas, being a portion of those certain tracts of land
described as Tract Two and Tract Three, located between the Old State Highway 44 right-of-way
and the New State Highway 44 right-of-way, as recorded in Volume 1838, Page 151, of the Official
Deed 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 public street right-of-way described in Section
1 of this ordinance is expressly conditioned upon the Owners' compliance with the following
requirements:
a. City staff recommends that payment of the fair market value be waived because
City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of
the fair market value when an abandoned street is unimproved, as it is in this case.
b. AT&T has an existing underground fiber cable along the north side and the west
side of the Bockholt Road public right-of-way, and is requiring that a utility
easement be retained for their underground fiber optic cable.
c. Owner is to dedicate a 15-foot wide utility easement along the north side and the
west side of the Bockholt Road public right-of-way to be abandoned and vacated.
d. Owner must replat the portion of Bockholt Road to be abandoned and vacated, and
comply with all specified conditions of the ordinance within 180 days of City Council
approval, to avoid amendment of the Ordinance by City Council.
") 2O3 � 8 INDEXED
e. Failure to comply with all the conditions outlined in this Ordinance within the
specified time frame will hereby make the Ordinance null and void.
f. Upon approval by the City Council and issuance of the ordinance, all grants of
streets closures must be recorded at the Owners' expense in the real property
Official Deed and Map Records of Nueces County, Texas, in which the subject
portion of the property is located, with a copy of the recording provided to the City.
Prior to the issuance of any permits for construction on the land, an up-to-date
survey, abstracted for all streets, alleys or public rights-of-way, and items of record
must be submitted by the Owners to the Director of Development Services. •
The forec ing 'ordinance was read forhe first time and passed to its second reading on this the
day of V.e,{'�'1 ,1 , 20 I'd , by the following vote:
Nelda Martinez /.,1 Chad Magill
el ,Kelley Allen Colleen McIntyre i
Rudy Garza i Lillian Riojas AL_
1
Priscilla Leal / _/0,V Mark Scott
David Loeb ) , ----
I
The forego ordinance as read for the second time nd passed finally on
this the !Y" day of I iek T Y , 20 11j, by the following vote:
Nelda Martinez Chad Magill
Kelley Allen Colleen McIntyre
Rudy Garza COD40- Lillian Riojas
____4
Priscilla Leal a. AQAS Mark Scott
David Loeb JILI0e,h,(—
PASSED AND APPROVED this the . U day of iln Ieflt '✓ , 20 it*
ATTEST: L \ ( i.____
,i- ..2„4,,,,,e,, ki,,,z6z,
rk ebecca Huerta Nelda Martin
City Secretary Mayor
(s3i 338
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Bockholt Street Closure
i.
FIELD NOTES for the closure of a portion of a 60 foot wide right-of-way(R.O.W.)known as Bockholt
Road;
BEING a 0.498 acre tract of land situated in the GC&SF RR CO Survey,Abstract No. 1005, Nueces
County,Texas, being a portion of those certain tracts of land described as Tract Two and Tract Three in
deed recorded in Volume 1838,Page 151, Deed Records,said Nueces County,and being more
particularly described by metes and bounds as follows:
BEGINNING at a Texas Highway Department R.Q.W. monument found at the south corner of that
certain tract of land described as Tract 1 in deed recorded in Document Number 2003057437,Official
Z. Public Records,said Nueces County,and being in the north R.O.W.line of State Highway 44(a variable
width R.O.W.);
THENCE North 01°08'44"West,passing at 90.37 feet the north corner of said Tract 1,at 110.20 feet a
southeast corner of aforesaid Tract Three,and continuing a total distance of 368.85 feet to a point in the
south line of a 20 foot wide State Highway 44 R.Q.W. Easement,as recorded in Volume 265, Page 27,
aforesaid Deed Records;
THENCE North 88°35'19"East,60.00 feet along said south line;
THENCE South 01°08'44"East,passing at 278.61 feet a southwest corner of aforesaid Tract Two and
the north corner of Tract 2 of aforesaid Document Number 2003057437,and continuing a total distance
of 354.17 feet to the south corner of said Tract 2 and being in aforesaid north R.O.W.tine of State
Highway 44;
THENCE South 74°51'10"West, 61.84 feet along said north R.O.W.line to the POINT OF BEGINNING
and containing 0.498 acres or 21,690 square feet based on the bearings and distances described
herein.
0 NOTE:
1. BEARINGS AND DISTANCES ARE BASED ON THE
TEXAS COORDINATE SYSTEM Of 1983, SOUTH TONE
s,� a' � PLAT O F:
I HEREBY CERTIFY THAT THIS PLAT SHOWS THE t
SUBJECT LOCATION AS SURVEYED ON THE y f�� �� t BOCKHOt T ROAD CLOSURE
GROUND. RODRIC R.R_EESE"� (PAGE 2 OF 2) �;
.0 5883 "r•'�i A 0.498 ACRE TRACT OF LAND
.1] /�- 9�P O?f� SITUATED IN THE GCSESF RR CO c
RODRIC R. REESE •+••l,byD $URS 0Q
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1. BEARINGS AND DISTANCES ARE BASED ON THE t
50 0 50 100 150 200 250 300 TEXAS COORDINATE SYSTEM OF 1983, SOUTH ZONE. t:
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...I HEREBY CERTIFY THAT THIS PIAT SHOWS THE �`•.S �,!' PLAT O F: /I\
SUBJECT LOCATION AS SURVEYED ON THE Sf�� V .....%AP BOCKHOLT ROAD CLOSURE
GROUND. f Q O (PAGE 1 OF 2) �'
A_/ ;' RODR C . REESE A 0.498 ACRE TRACT OF LAND
L/ /.r J �� . r1- SITUATED IN THE GC&SF RR CO r.
• �r -� s9a 5883 �Y .1` SURVEY. ABSTRACT NO. 1005.
RODRIC R. REESE t p `fl IN THE CITY OF CORPUS CHRISTI,
REGISTERED PROFESSIONAL LAND SURVEYOR \.r4 s� ,.O ,. NUECES COUNTY, TEXAS
REGISTRATION NO. 5883 -z.. os
FR-NTI.ERJob Number. 1406012 Scale. 1"– 100'O
EXHIBIT B Field Date: 6/19/2014r
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
., County of Nueces } Ad#421451
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 REPRESENTATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PUBLIC HEARING Whereas, ap which the annexed is a true copy, was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 10/27/14 Mon
CC-Internet - caller.com 10/27/ 4 Mon
1 I
LEGAL SALES REPRESENTATIVE
On this 10 day of nO1�(>n'1 z 20 t(4 I certify that the attached document is a true and exact
copy made by publisher.
Not% Public, State of exas
MICHELLE JOYCE CABRERA
'w My Commission Expires
-� March 19,2016
S If or It ^
4E October 27,2014 CALLER TIMES
Legals
NOTICE OF PUBLIC HEARING
Whereas, application hav-
ing been filed with the City
Council of the City of Cor-
pus Christi, Texas, to con-
sider the abandoning and
vacating of the following
public street right-of-way:
An undeveloped and unsur-
faced 21,690 square-foot
portion of the Bockholt Road
pubotlic street of GC&SF RR CO Survey,
u
Abstract No. 1005, Nueces
County,Texas, being a por-
tion of those certain tracts
of land described as Tract
Two and Tract Three, locat-
ed between the Old State
Highway 44 right-of-way and
the New State Highway.44,
right-of-way; and requiring
the owner,George Picha,to
comply with specified con-
ditions.
NOW, THERFORE, NOTICE
IS HEREBY GIVEN TO THE
PUBLIC: That a public hear-
ing on said application to
consider the closure and
abandonment will be held
by the City Council in the
Council. Chambers of iCity
Hall, 1201 Leopard, in the
City of Corpus Christi,Texas
on Tuesday, November 11,
2014 after 11:30 am during'
the regular Council meeting
at which time and place all
persons and parties and/or
their agents may appear and
be heard by the said City
Council.
/s/Rebecca Huerta
City Secretary
Calterlocalf ieds
Place an ad online:calledocalfieds.com
Call 361-883-1111
1 I
„D.:::1- 20 1.500 I. 7'2
', I�111 �i CITY OF CORPUS CHRISTI
Ur CERTIFICATION OF PUBLIC RECORD
'"cnnv oxaEO
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. 030338
passed and approved by Corpus Christi City Council on November 18, 2014 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 16th day of January, 2015.
rR _ ,c,(liOc/,t- i --
Rebecca Huerta
,,rr ,G��"`p. �'�' City Secretary
�" <3u��'� ,'' � Corpus Christi, Texas
u v
d'�' �Y"Ty" � t c,
i/:
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, ,F4� ` 1 J,� { ar
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4
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
RebeccaH@cctexas.com
� ^
. . °
•
0mcli 20 1��0 0 1 7 9-"?
pages 6
01/16/2015 3:59PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $35.00
Any nrov{sion herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Relision, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
) hereby certify that this instrument wos FILED
in file number senuence on the date and at the
Lime stomned herein by me, and was duly RECORDED
the Official Public Records of
Hueces County, Texas
KARA SANDS
Ol
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