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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 • r • raitsvrm re9ernmawhrmu nwarrne Aer.ffi Ildarr>a btraux Fabo im nsrmvi fextrinnairtmarit Abvm aaam*trams rnairrmr Maw=1,44r77�Ma rneN aterne 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 INT HECITY OF ABSTRACT RPS CHRISTI, J REGISTERED PROFESSIONAL LAND SURVEYOR r NUECES COUNTY, TEXAS REGISTRATION NO. 5883 r TIER.T �y 3. d I E . EXHIBIT A ,'°b "umber 1406012 Scale: 1"= 100' •- SURVEYING COMPANY flak Date 6/19/2014 Checked by RR' sErt cult IAV TVEr ae//�.aur rarPEUNES/u,vau+e//ePs/?;: 7111 B6i'c O SSREET SurtE 7O0•CORPUS NRRT, 1F:xAS. 78a:t Field Tech(s)� MW/CW/CE Office Tech(s). CMB PNONL 1.151) 681 - 5044 FAX OW, 681 - 6340 - , ..4,tronGasur.er ng.corn Dray,ng Dote7<2/2014 Revised Dote 9/24/2014' G:\Projects\2014\1406012 - W.L Bates - ALTA-ROW Survey - Nueces\DWG\1406012 - ALTA - ROW disc ../Ir:. .._..fl,:. i... . ._J/,,. .._.fl:. ...a,,.. .-.Jr.. ._.311. &...il!'. .._.Jlr:. ..l..ifi•. •:../f". .._.111.. 1...11''. . . i_.a,U •.ffl'. ...fff,. ,,:.J/:'. •...fl:_ ••a, • t: 0c tu�.o ` — ria 0 g� 4r3> s ga —_�—•—_ — — Al _ U TEXAS MEXICAN RAILWAY L [t1t1T"R.• (100'RO.W.) — r • SUBJECT ROAD ii PROPERTY (`' • RAILROAD —20'HIGHWAY . R.O.W..W. STATE HIGHWAY 44 —40 HIGHWAY R.O.W. -- —"� HIGHWAY a4 EASEI.i[!IT (FORMERLY STATE HIGHWAY 16"} EASEMENT /: VOL 265 PG.17 (60•ROM.) VOL.207,PG.321 s9 CORPUS O.P.RN.GT. OP.RN.G.T. • Q CHRISTI AIRPORT c. m fi ~\ I'CGI Oi 1 ROAD \ " --- — p. - )i V (---/ - �— N Bras I9'E �_ 1� L 1, f kiI VICINITY MAP CENTERLINE '� PIPE CENTEERp,W. (NOT TO SCALE) WATER LINE R.O.W. .. (NO DESCRIBED WIDTH) ( EASEMENT WIDTH) VOL.622.PG.Tal k, VOL 474,PG.101 D.RN.C.T. ORN.C.T .1 60' APPARENT R0.W. ti DOG ND. 2003057437 Li O.P.RNET PORTION OP TRACT TIMER Z CALLED 11.082 ACRES -1 0 Z. VOL 1838. PC. 151 H d m i1RN.GT. C7 1 TRACT M0 Do. ce I– CALLED 5.211 ACRES 3 H VOL 1838. PC. 151 N i� •Q Y m D. N.C. g Z a t7 8 S ..1 �� CALLED TRACT 1 z p m N GC&SF RR CO t C:• DOC N0. 2003057437 r �: 0.P.RNC.?. A-1005 S= 941"t9;2a PORTION OP TRACT THREE CALLED 11.082 ACRES �n Q. l e ,J VOL 1838, PO. 151 ' •I D.RN.CT. 'd. - �, CALLED TRACT 2 t' DOG N0. 2003057437 U S 74'5110'W 0.P.R.N.C.T. • 61.84• .1 - POINT OFj1i•Nl i BECOMING e, pY.(',NP•O t ® FOUND TEXAS HIGHWAY SZ P�,`�,00 TVA Yfj DEPT.R.O.W.MONUMENT _` •�Of �. CI SSN 7'O' C.-.S F' d 11 NOTE: 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: h-. .--. .._, .--- , 1 1 c SCALE: 1" = 100 FEET _ P .s..k J1\ r`- ...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 SURVEYING COMPANY Checked by: RR•~ I! SERVICES: IAND SURVEYING GMAP 11014S/PwELINE5/ PING/�/G6 [ 710 BursAt,0 SI1LL.,SUITE 700,CORPUS CHRISTI.TE><AS,76401 Reld Tech(:): MW/CW/CE Office Ted,(,): CMB'; PHONE (361) M1 6044 FAX: (061)661 6340 T: .w.r.lrmtianurray.ny.cam0lowin 4 7 2 2014 Revised Dale: 9/24 2014Da ' :.:./I r, 1.:.Jm. :._...n':. 1._.in,. i!../i::. ,.-Jnr. 1.•.11:. ;.:Jw. i.'.,,; i Jn'. :..`./I:. ..�.I!!:. ..- / :.'J/•s. i.../Ir'. : JI••. :.'Jf•:. i...I/•. i. :.. G:\Protects\2014\1406012 – W.L Batu – ALTA–ROW Survey – Nuecea\OWG\1408012 – ALTA – ROW,dwa 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/: , , -• !..,- , ,F4� ` 1 J,� { ar ;!52 ..:- 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 ^� • �� � . -��. � - 0.1 ~--! i�=c�_ ��� � ���� 7�-- /7 �'' '-- / 'l�uL� �T'/ /u 7� / ~�-- U� � ^ �/ \ �^ ^ �