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HomeMy WebLinkAbout030635 ORD - 10/13/2015 Ordinance abandoning and vacating an undeveloped and unsurfaced 72,222.48-SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff& Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179 and requiring the owner Dorsal Development, LLC, a Texas limited liability company to comply with specified conditions. WHEREAS, Dorsal Development, LLC, a Texas limited liability company ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 72,222.48-SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 29, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; 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 72,222.48-SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff & Encinal Farm & Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179, subject to compliance by the Owner 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 Dorsal Development, LLC, a Texas limited liability company ("Owner"), an undeveloped and unsurfaced 72,222.48-SF (1.658 Acre) portion Starry Road, a map which is recorded in Volume A, Pages 41-43, Map records of Nueces County, Texas and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179 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, Exhibit "B," which is the graphical representation for the metes and bounds description, and Exhibit "C" which is a location 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. 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 030635 INDEXED 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 foreg ing ordinan e was r fo're first time and passed to its second reading on this the day of r OI J by the following vote: Nelda Martinez it_ A. Brian Rosas i „/: /Rudy Garza ._ , # Lucy Rubio I f Chad Magill _Ile__ Mark Scott �_ A Colleen McIntyre tom. ,� Carolyn Vaughn A i Lillian Riojas Iir!.JL1. The foreggi 7rdinance w s Teti for the second time nd passed finally on this the I j,'aay of UM O Q 1 - , 20 t by the following vote: Nelda MartinezBrian Rosas _4_ Rudy Garza i ,1,! Lucy Rubio Chad Magill , Mark Scott V ,41 Colleen McIntyre S P " Carolyn Vaughn Lillian Riojas .. J.� 0 PASSED AND APPROVED this the 1,3 day of Oet laic , 20 IC) ATTEST: 1 4. I if Rebecca Huerta Nelda artinez City Secretary Mayor 030635 MURRAY BASS, JR., P.C.,R.P.L.S. 3054 S. ALAMEDA, zip 78404 NIKON M. Wcisti, P.E.,R.P.LS. 361 882-5521— FAX 361 882-1265 www.bass-wclsh.com e-mail: murrayjr(aaol.com e-mail: niamwta aol,com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466.6397 June 29,2015 10029-M&B-CI osu re.doc Road Closure Tract STATE OF TEXAS § COUNTY OF NUECES § Description of a 1.658 acre tract of land,more or less,for road closure,a portion of Lots 8 and 9,Section 25 and a portion of Lots 1 and 6,Section 34,all out of Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume"A",Pages 41 -43,Map Records,Nucces County,Texas,and being a portion of a 19.56 acre tract of land described by deed recorded at Document No. 2006037179,Official Records of said county,said 1.658 acre tract of land for road closure as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of Yorktown Boulevard which bears S61100'00"E 257.75' from the point of intersection of said northeast right-of-way line of Yorktown Boulevard and the northwest boundary line of said 19.56 acre tract,said beginning point for the westernmost corner of the tract herein described;from the common corner of Lots 9 and 24,said Section 25 and Lots 6 and 7,said Section 34, said point of beginning bears N29°00'00"E 40.00'and N61°00'00"W 20.00'; THENCE N29'00'00"E 1805.61'along a line 20.00'northwest of and parallel to the southeast boundary line of said Lot 9 and along a line 20.00'northwest of and parallel to the southeast boundary line of said Lot 8 to a point in the northeast boundary line of said 19.56 acre tract of land for the northernmost corner of the tract herein described; THENCE S61`00'00"E along said northeast boundary line of 19.56 acre tract,at 20.00'pass the common boundary line between said Lots I and 8, in all a distance of 40.00' to a point for the easternmost corner of the tract herein described; THENCE S29'00'00"W 1805.61' along a line 20.00' southeast of and parallel to the northwest boundary line of said Lot 1 and along a line 20.00'southeast of and parallel to the northwest boundary line of said Lot 6 to a point in said northeast right-of-way line of Yorktown Boulevard for the southernmost corner of the tract herein described; THENCE along said northeast right-of-way line of Yorktown Boulevard N61°00'00"W 40.00' to the POINT OF BEGINNING, a sketch showing said L658 acre tract of land for road closure being attached hereto as Exhibit"B". f '? , a•a: ,• Gil • NIXON M:W 1SH Nixon M.Welsh,R.P.L S. • 2211 , .aauRy - . EXHIBIT "A" Page 1 of 1 U z J GI Z 12 >C7 Y¢ J I- W�� CC F- U az o ZLJ au I-L,. 17lllll J(14.1-j YJ a-C) OG ¢ o DIYro >-� 4,, V 4$ • , �cN 40' „..00 q, k3, yao 19. 56 AC. TRACT, DOC. SC% 4, - . a in S61'00'00'E NO. 2006037179, O. R. E4 A a 257. 75' Q• a • N 24 i9, NJ +AN N29' 00' 00'E 1805. 61' LOT 9 I LOT B LOT 8 7 6' I S29° 00' 00'W 1805, 61' LOT 6 LOT 1 • LOT 1 C] I Y W o ROAD CLOSURE N,3A��$ 9.• o• �� TRACT, 1 . 658 AC, 4-- .6 3' z� 3 1 d Q o ¢ U , 0o U°' w” o o co • C7 r U �D o Z ' V) '.0 N EXHIBIT " B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1'=300' 0 150' 300' 600' ■ ■ ■ SCALE: 1'= 300' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52. FILE: EXB-ROAO CLOSURE, JOB NO. 10029. SCALE: 1" = 300' PLOT SCALE: SAME, PLOT DATE: 6/29/15. SHEET 1 OF 1 • F { / ; f �.. .:if .; ...4 "µti A rvYp ).#'. X45 v' S �� ^ X� 4�f 1/4; L y W.r � ' '4*-' f aF , . 4t + s .. _ N " 9 g \ • ; � ' r } f i YORKKTOWN ESTATES _.' 8Closure vittipsitiit ) s .. 8 8 / _ iiik,,, :friii ,� �r� `-• a 7/30/ 1 0 400 "'� 4 . - !�a.. Y.a 9 M , wiiiii YORKTOWN ESTATES -.° R,��F Street Closure Notice Area .. iCayo De'Oso Street Q( ,,,,,,4� l + Closure e` 44.4b / to,, - . STREET ra. CLOSURE Exhibit C - D`SO CRFFK 4 di / R'Oill�.E ..sw s City of Corpus LOCATION MAP Christi i2) . [ 'c c::: $ I 1 a 0 4-5 u__3;1 r..p CQU oS C$e es Si �(l vA CITY OF CORPUS CHRISTI N "►-�r v CERTIFICATION OF PUBLIC RECORD ,„Oq Pa A,E, 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. 030635, passed and approved by the Corpus Christi City Council on October 13, 2015 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 22nd day of October, 2015. I-2--t41-"-(`-'47---k Rebecca Huerta �:j C. City Secretary - <„ 1 ,. Corpus Christi, Texas { r , , --is4 L"Ie ! !/ R I i City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 rebeccah@cctexas.com lb 304 -1 v G Cor u �+,►� u -u dop amt\-, Si2 r '�• LAG C.( (—fc))ckrci 54C 1(X C i c . + l V4O 3 Doc4 2 0-I.c!_i - -i 59.5 t Pages 7 1.1/13/2015 8:45Aai Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $39.00 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 herebg 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 Counts, Texas KARA SANDS I PUI—L E-1 A s j N PUBLISHER'S AFFIDAVIT State of Texas MI5 OCT `8} AM 9: 45 CITY OF CORPUS CHRISTI County of Nueces } Ad# 687330 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 REPRESENATIVE 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, an which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 09/13/15 Sun CC-Internet - caller.com 09/13/ Sun 0 '.._...):-) LEGAL SALES REPRESENTATIVE On this��day of ._CEJ , 20 I certify that the attached document is a true and exact copy made by publisher. 4IP , Notary P . ic, Sta•e o 'exas n. M;GHEILE JOYCE CAB res RA �� -1 --0 My Commission Exp March 19.2016 i� CALLER-TIMES << Sunday,September 13,2015 a 7E Legals gz NOTICE OF PUBLIC HEARING Whereas, an application has been filed with the City Council of the City of Corpus Christi, Texas, to consider abandoning and vacating an undeveloped and unsur- faced 72,222.48-SF (1.658 Acre) portion of Starry Road, Portion of Lots 8 and• 9, Section 25 and a portion of Lots 1 and 6, Section 34, all out of Flour Bluff&Enci- nal Farm&Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County, Texas, and being a portion of a 19.56 acre tract of land described by deed recorded at Document No.2006037179 and requiring the owner, Dorsal Development, LLC, a Texas limited liability com- pany,to comply with speci- fied conditions. NOW, THEREFORE, ``NOTICE IS HEREBY GIVEN TO THE PUBLIC that a public hearing on the application to con- sider the abandonment and vacation will be held by the -City Council in the Council Chambers of City Hall, 1201 Leopard Street, in the City of Corpus Christi, Texas, on Tuesday September 29, 2015,after 11:30 a.m.during the regular Council meeting at which time and place all persons and parties or their agents may appear and be heard by the City Council. /s/Rebecca Huerta -City Secretary