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Home My WebLink About030986 ORD - 10/18/2016 Ordinance closing, vacating, and abandoning a developed and surfaced 0.687 acres' portion of approximately 60-foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions; and providing an effective date. WHEREAS, James & Beverly Holman and Michael & Kerry Berry(Owners) are requesting the abandonment and vacation of a developed and surfaced 0.687 Acres portion of an approximately 60- foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, located between Violet Road and Callicoate Road,just north of IH 37. This closure is being requested to prevent illegal dumping and the improper use of the street which promote crime. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, October 11, 2016, 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 close, vacate, and abandon the subject portion of the developed and surfaced 0.687 acres' portion of approximately 60-foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, and requiring the owners, James & Beverly Holman and Michael & Kerry Berry to comply with specified conditions. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. As requested by James & Beverly Holman and Michael & Kerry Berry (Owners), the developed and surfaced 0.687 Acres portion of approximately 60-foot wide public right-of-way, as shown and dedicated by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47, Page 246, Map Records of Nueces County, Texas, between Violet Road and Callicoate Road,just north of IH 37 is closed, vacated, and abandoned 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 the 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 closure, vacation, and abandonment 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. A Utility Easement is retained over the entire vacated area in favor of City departments and franchised utility companies and Koch. b. An Access Easement is retained over the entire vacated area in favor of abutting owners. c. The Maintenance responsibilities including mowing for the abandoned and vacated area reverts to the abutting owners. +) 30980 INDEXED d. Pursuant to the City Code of Ordinances, Sec. 49-12, (c), prior to the placement of the ordinance the council agenda, that payment of the fair market value be made in the form of a certified or cashier's check in the amount of$16,037.43. Such funds to be deposited in the street maintenance fund upon passage of this ordinance. e. 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. f. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. SECTION 3. This ordinance takes effect upon adoption. The foregoi ordinance wasread for the first time and passed to its second reading on this the I i "day of OC , 20 I V, by the following vote: Nelda Martinez 0 / Brian Rosas ____QL Rudy Garza I Lucy Rubio Michael Hunter I ,r " Mark Scott g- .--attj Chad Magill -14-4 Carolyn Vaughn ---47F, Colleen McIntyre ailir The foregoprdinance w ad or the second time and passed finally on this the ;''ri 1 day of (( , 20 ((A by the following vote: Nelda Martinez aft, Brian Rosas Rudy Garza —a-Y-- Lucy Rubio �e Michael Hunter I .P Mark Scott Chad Magill I a L, Carolyn Vaughn ati/C Colleen McIntyre I _ PASSED AND APPROVED this the IR iday of , 20 1 (4 ATTEST: at),,,,, i‘ (ve-i-- -: .L%, . Rebecca Huerta Nelda Martinez City Secretary Mayor 03098E Job No. 39104.00.01 ENGINEERING September 24, 2003 (361)854-3101 P O BOX 6355 • CORPUS CHRISTI,TEXAS 78466-6355 FAX(361)854-6001 EXHIBIT Al STREET CLOSURE STATE OF TEXAS COUNTY OF NUECES Fieldnotes for the closure of the southeast portion of Harney Road, as shown on the map of Lots 9A and 9B,Nuecestown,a map of which is recorded in Volume 47,Page 246,Map Records of Nueces County,Texas;said street closure being more fully described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pipe found for the east intersection of Up River Road,an 80 foot wide public roadway,and said Harney Road for the west corner of a 2.572 acre tract of land out of Share XIII,C.C. Hart Partition,as recorded in Document No.2002045690, for the south corner of this tract; THENCE North 55°18'00"West,along the northeast right-of-way of said Up River Road,a distance of 30.00 feet to the existing centerline of said Harney Road for the west corner of this tract; THENCE North 34°42'00"East,along said existing centerline of Harney Road,a distance of 483.13 feet for the north corner of this tract; THENCE South 65°19'17"East,along the projected southwest boundary of Nueces River,a distance of 33.94 feet for the north corner of the aforementioned 2.572 acre tract of land and for the east corner of this tract; THENCE South 35°06'02"West,along the southeast right-of-way of said Harney Road,a distance of 489.05 feet to the POINT OF BEGINNING and containing 15,408.40 square feet of land; Bearings based on the recorded plat of Lots 9A and 9B,Nuecestown,a map of which is recorded in Volume 47,Page 246,Map Records of Nueces County,Texas. Unless this fieldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. URBAN ENGINEERING 41:y": 444.011101 Dan L.Urban,R.P.L.S. License No.47 I q 9. { .DAN Lk URBAN, • •49 4710�itt—q.�r ---.i,!Fly s U9104,00010419104C031 me �-,:� Pipc1°!'t 2725 SWANTNER DR. • CORPUS CHRIST!.TEXAS 78404 malt@urbaneng.com LAN I URB Job No.39104.00.00 ENGINEERING June 12,2003 {3,y;5'1,4:3101 P O BOX 6355 • CORPUS CHRIST, TEXAS 78466-6355 FAX(361)854-600) STREET CLOSURE STATE OF TEXAS COUNTY OF NUECES Fieldnotes for the closure of the northwest 30.00 feet of Homey Road(not based on an on-the- ground survey),as shown on the map of Lots 9A and 9B,Nuecestown,a map of which is recorded in Volume 47,Page 246,Map Records of Nueces County,Texas;said street closure being more fully described by metes and bounds as follows: BEGINNING at a point on the northwest right-of-way line of Up River Road,an 80 foot wide public roadway,for a corner of said Lot 9A,for the beginning of a circular curve to the left whose radius point bears North 34'42'00"East,a distance of 10.00 feet,and having a central angle of 90°00'00",a radius of 10.00 feet,a tangent length of 10.00 feet and an arc length of 15.71 feet; THENCE along said circular curve to the left an arc length of 15.71 feet to a point on the southeast boundary of said Lot 9A,same being the northwest boundary of said I-lamey Road and this tract; THENCE North 34"42'00"East,along the common boundary of said Lot 9A and said Harney Road,a distance of 474.24 feet to a point on the southwest boundary of the Nueces River,as shown on the recorded plat of said Nuecestown,for the east corner of said Lot 9A,same being the north corner of this tract, THENCE South 53°10'55"East,along the projected southwest boundary of Nueces River,a distance of 30.02 feet to a point on the existing centerline of said Harney Road for the east corner of this tract; THENCE South 34 42'00"\Vest,along the existing centerline of said Barney Road,a distance of 483 13 feet for the south corner of this tract; THENCE North 55°18'00"West,parallel to the centerline of said Up River Road,and 40.00 feet distant from,measured at right angles thereto,a distance of 40.00 feet to the POINT OF BEGINNING and containing 14,532.08 square feet of land. Bearings based on the recorded plat of Lots 9A and 9B,Nuecestown,a map of which is recorded in Volume 47,Page 246,Map Records of Nueces County,Texas. Unless this ficldnotes description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accurac2.. URBAN ENGINEERING B y":". 4%11441 Dan L.Urban,R.P.L.S. License No.4710 Z F TF Pli` �o N DAN LEE URBAN 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404m `. ;90 4710 }s;•' p� moitaurbaneng.cos 4,5 .�sessto!' 0QJ • °, 40 00' z 0 zC z 22 W o 031.0 O O 2� a L.- 0 0 � O C I_re_-Z A W=90'00'00' R=1b.o ---- T=10.00' L=15.71' `fr<IST.NC CENTERLINE OF HARNEY ROAD Exhibit B Map to Accompany F/fLONOiES for the closure of the northwest .5000 Feet of Harney Road (not bused on on on -the -ground survey), as shown on the niop of lots 94 and 98, Nueceslawn. o mop o/ which .s recorded m Volume 47, Page 246. Mop Records o/ Nueces County, Texas LOT 9A NUECESTOWN VOL 47, PG. 246, MAP RECORDS OF NUECES COUNTY, TEXAS N34'42'00'E 474.24' 14.53205 50 FT BL--------------_. S34'42'00"W 483.13' HARNEY ROAD URBAN ENGINEERING 77 atf 78404 060854-J101 fru (J16I854-6071 DATE: JUNE 12, 2003 SCALE 1"= 50' JOB NO.: 39104.00.00 SHEET: 1 OF 1 DRAWN BY: XG CHECKED BY: RR 40.00• 5 f LOT 9A NUECEST VOL 47, PG. 2244e, MAP RECORDS OF NUECES COUNTY, TEXAS fo�snHc COMMUNE Of HARNEY ROTO 'POINT OF BEGINNING' FOR FIELDNOTES DESCRIPTION Exhibit B1 Map to Accompany IEDNO1ES for are thaws of Um southeast portion of Marney Rood os shorn m Ues Map of fats SN 070 96t Muecrefanl o map of which if wearied kIbrtna 47, Pogo 246 Mop Recants o/ Atom COunty, Tams. HARNEY ROAD N34 42'00"E 4.83.13' 15,401.40 50. rr. S35'06'02"W 489.05' 2.572 ACRES OUT OF SHARE xln C.C. HART PARTITION (DOC. N0. 2002045890) 1%40' URBAN aarMERevo 1721 ssN71.0e COPTS OAR Iu4T ) tat (M1»4,7r0r tic fir4,less.4mr DATE: SEPT. 24. 2003 SCALE: 1".. 50' JOB NO.: 39104.00.01 SHEET: 1 OF 1 DRAWN BY: XC CHECKED BY: SB 40 00' "03 - in *0 � rJ w Q Z Z I IJ N :J &=90'00'00' Rs1.0 -- ----- - - -- L=15.71' LOT 9A NUECESTOWN VOL 47, PG. 246, MAP RECORDS OF NUECFS COUNTY, TEXAS N34'42'00'E 474.24' s''-ExISTrNC CENTERLINE OF HARNEY ROAD Exhibit B2 Map to Accompany F/FLONOIES for o the closure of the northwest J000 feel of Harney Road (not hosed on on on -the -ground surrey), os shown on the mop of Lots 9A and 9a Nueceslown, o mop o/ which is recorded ,n Volume 47, Page 246. Atop Records of Nueces County, leans I4.512 08 50 FI S34'42'001W 483.13' HARNEY ROAD URB�ERIBAN ENGNG 1713 SecwT*R CORPUS CNR,SR /(45 18404 06,)834-Jr01 tag (7,6)854-600, t 'AO y� O Q W Inn 8 11 u) z DATE: JUNE 12. 2003 SCALE: 1"= 50' JOB NO.: 39104.00.00 SHEET: 1 OF 1 DRAWN BY: XG CHECKED BY: RR ' Dc•_ 20160.3093 gyus C.��` 0 w _nm �� CITY OF CORPUS CHRISTI Ur 1 CERTIFICATION OF PUBLIC RECORD 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. 030986, passed and approved by the Corpus Christi City Council on October 18, 2016 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 20th day of October, 2016. Pell-e- -(2 1/(2l .e-, 11 Rebecca Huerta .. City Secretary s -- Corpus Christi, Texas 7xt4, -".24 *...:, fit: :"..:, ' ` `;;; !rte ,,_.. /1 i - .,w t* -fit x+,00:0) y/ ird, 1 a City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 1 rebeccah@cctexas.corn i - 310-1 Doc 2016048093 s Pages 10 11/16/2016 9:05AM Official Records of' NUECES COUNTY KARA SANDS COUNTY CLERK Fees $51.00 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 dul9 RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS ((( ; �— ,'I�yfv1. :x_ P/�y'�_' 1� �•• '_3 J.Saleh (361)826-3568 City of Corpus Christi Development Services/Special Services 2406 Leopard Suite 100 Corpus Christi,TX 78408 _ "i p . PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1280953 PO # Before me, the undersigned, a Notary Public, this day personally came Georgi w La``JJ°1'1 , 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 09/25/16 Sun CC-Internet - caller.com 09/25/16 Sun I LEGAL SALES REPRESENTATIVE On this LI. day of0 ,20 I 41 certify that the attached document is a true and exact copy made by publisher. kk_s2,- Notary Public, State of Texas .:.-.;•*'.F4o,'••. MICHELLE JOYCE CABRERA r 4"--.'• My Notary ID#124664183 f. a; Expires March 19,2020 6E»Sunday,September 25,2016»CALLER-TIMES Legals 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 a developed and surfaced 0.687 acres' portion of a 60-foot wide public right-of- way,as shown and dedicat- ed by a map of Lots 9A and 9B, Nuecestown, which is recorded in Volume 47,Page 246,Map Records of Nueces County,Texas,and requiring the owners,James&Beverly Holman and Michael&Kerry Berry to comply with speci- fied conditions. NOW, THERFORE, 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, October 11, 2016, 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