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HomeMy WebLinkAbout031827 ORD - 07/30/2019 Ordinance closing, abandoning and vacating a 12,632 square foot portion of public street, Broadway Court lying between Water Street and Shoreline Boulevard, conditioned upon payment of $240,000.00 for fair market value of the improved street WHEREAS, Frost Bank (Owner of adjacent lot) is requesting the closure, abandonment and vacation of a portion of Public Improved Street, Broadway Court, located between Water Street and Shoreline Boulevard; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, July 23, 2019, 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, abandon and vacate a 12,632 square foot portion of public street, Broadway Court, lying between Water Street and Shoreline Boulevard; subject to compliance with specified condition, 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 Frost Bank, (Owner of adjacent property), the 12,632 square foot portion of public street, Broadway Court, lying between Water Street and Shoreline Boulevard, as recorded in Volume 9, Page 38-41, Volume 21, Pages 50 and Volume 68, Page 959-960 Map Records of Nueces County, Texas, more particularly described by Exhibit "A," which is a metes and bounds description and field notes, and Exhibit "B", which is the graphical representation of the legal description, is closed, 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 and field notes, "Exhibit B", which is the graphical representation of the legal description, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The closing, abandonment and vacation of a section of the improved street described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment to the City of $240,000 for the fair market value of the improved street pursuant to Corpus Christi Code 49-12. b. A 60' Utility Easement is retained in favor of the City. c. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property 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. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void. d. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. 031827 S( ANNFfl That the foregoing ordinance was read for the first time and passed to its second reading on this the &3ukfay of U , 2019, by the following vote: Joe McComb l f J Michael Hunter Roland Barrera Ben Molina ail,' Rudy Garza 0Everett Roy C(.4 U Paulette M. Guajardo Greg Smith 6-I---6.,} Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the 3-'5)\ day of "a/ktl_66. 2019, by the following vote: Joe McComb l�-c Michael Hunter (1T Roland Barrera Ben Molina 6/67k Rudy Garza aEverett Roy / Paulette M. Guajardo at Greg Smith aiat9 Gil Hernandez CtA-1/ 3t day of ��44� , 2019. 04 I PASSED AND APPROVED on this the () ATTEST: C1/4.r24 Re ecca Huerta McComb City Secretary Mayor 031827 EXHIBIT"A" LEGAL DESCRIPTION BEING A 0.29 ACRE TRACT NUECES COUNTY,TEXAS A 0.29 acre tract, out of Broadway Court as shown in Block 4, South Water Beach Addition,as recorded in Volume 21, Page 50,Map Records,Nueces County,Texas and Lot 6, Block 5, South Water Beach Addition, as recorded in Volume 68, Pages 959-960,Map Records,Nueces County, Texas. Said 0.29 acre tract being more particularly described as follows: BEGINNING at a found mag nail with a washer stamped"Urban Eng."on the east right-of-way of South Water Street and the north right-of-way of Broadway Court,said point also being the southwest corner of Block 4, South Water Beach Addition,which is recorded in Volume 21, Page 50,Map Records,Nueces County, Texas; THENCE North 83°09'20"East,with the north right-of-way of Broadway Court,same being the south boundary of said Block 4, a distance of 22.34 feet to a calculated point and being the beginning of a tangent curve to the right having a radius of 849.02 feet and a chord bearing and distance of North 89°20'20" East, 182.97 feet; THENCE in an easterly direction with said curve to the right with the north right-of-way of Broadway Court,same being the north line of the herein described tract, an arc distance of 183.33 feet to a found drill hole in concrete on the west right-of-way of South Shoreline Boulevard, same being the southeast corner of said Block 4 and the northeast corner of herein described tract; THENCE South 11°27'39"West,with the west right-of-way of South Shoreline Boulevard,a distance of 77.28 feet,to a found iron rod on the south right-of-way line of Broadway Court,same being the northeast corner of said Lot 6,and the southeast corner of the herein described tract and being the beginning of a non-tangent curve to the left having a radius of 15.00 feet and a chord bearing and distance of North 37°23'36"West, 22.54 feet; THENCE in an westerly direction with said curve to the left with the south right-of-way of Broadway Court, same being the south line of the herein described tract,an arc distance of 25.50 feet a found drill hole in concrete on the north boundary of said Lot 6 and being the beginning of a tangent curve to the left having a radius of 789.02 feet and a chord bearing and distance of South 88°31'44" West, 146.62 feet; THENCE in an westerly direction with said curve to the left with the south right-of-way of Broadway Court,same being the south line of the herein described tract,an arc distance of 146.83 feet to a found iron rod on the north boundary of said Lot 6; THENCE South 82°54'38"West,with the south right-of-way of Broadway Court, same being the south line of the herein described tract,a distance of 31.54 feet to a calculated point and being the beginning of a tangent curve to the left having a radius of 15.00 feet and a chord bearing and distance of South 47°13'34"West, 17.50 feet; THENCE in a westerly direction with said curve to the left with the south right-of-way of Broadway Court, same being the south line of the herein described tract,an arc distance of 18.68 feet to a calculated point for the southwest corner of herein described tract. Page 1 of 2 THENCE North 11°22'49" East,with the east right-of-way of South Water Street,a distance of 74.06 feet to the POINT OF BEGINNING and containing 0.29 acre of land,or 12,441 square feet. NOTE:ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE (NAD 1983). Stacey 4g Mora, RPLS - - Registered Professional Land Surveyor y�PE6css f,;f {s; Texas Registration No. 6166 .R Hanson Professional Services Inc. STACEY NTNG MORA TBPE F#417 TBPLS F# 100395-00 • .• .... Date: Kic.,,0U ILL Iq `; !�• 9�FFSS10�'\Q. P SURV '4O Page 2 of 2 MAY 14, 2019 1:26 PM COFFE01996 l:\19JOBS\1910009\CAD\SURVEY\MODEL\1910009-ST CLOSURE-20190423.DWG ( 4.1.,A\ \ WEe,„„_1:„.... E T illirLiiii`1,'1`'i BORN STREE �A1„ / W��f-�I3 BROADWAY ce w COURT w N Q J D a ec STREET ct Q Z a. CLOSURE W Q Q J C4 O O o m Z W Ct 0 Z VA Ln 0 P ARK AVENUE ®Copyright Hanson Professional Services Inc. 2019 LOCATION MAP � A u A BROADWAY COURT CLOSURE j• •SON 0.29 ACRE TRACT OUT OF BROADWAY COURT, AS RECORDED IN VOLUME 21, PAGE 50 & VOLUME 68, PAGES 959-960, Hanson Professional Services Inc. MAP RECORDS, NUECES COUNTY, TEXAS. 'RIPE F-417/THPLS TBAEFBR2458//MPGFD07.505500se HANSON_PROJECT_N0_1910009 MAY 14, 2019 1:25 PM COFFE01996 I:\19JOBS\1910009\CAD\SURVEY\MODEL\19/0009-ST CLOSURE-20190423.OWG E-. CO H ) BLOCK 4 rgx? r; ,� SOUTH WATER BEACH ADDITION l�. 1�co I 1 ' P.O.B.r D20„E L=183.33' VOLUME 21, PAGE 50 �'ti``\ M.R.N.C.T. / �� I'y�1 N83° 09 R=849.02 / W �� w E W ow 22.34 CHORD=N89' 20' 20"E `�' I4 I— CD / CHORD LENGTH=182.97' / � ,5 .'. ', GAS--GAS—GAS— AS—GAS—GAS—GAS F"' '� GAS GAS---GAS CAS GAS GAS O GAS GAS EXISTING 2 ©,G ; -STORM GAS LINE EXISTING 30" RCP O INLET STORM LINE ro EXISTING 18" Z tif2 RCP STORM (PER CITY GIS) CV Q w UNE STORM MANHOLE (` STORM MANHOLE BROADWAY COURT (PER CITY GIS) 1%,• H/ (PER CITY GIS) — ' ST --_--- �_—' O S ST 60 RIGHT—OF—WAY C ' EXISTING 30" ELECTRIC/CPL )�— T �� MANHOLE EXISTING 18" RCP CO - / RCP STORM UNE © STORM UNE CV EXISTINGCPSTORM (PER CITY GIS) EXISTING 30" RCP EXISTING 8" CAST LINE LIGHT POLE RCP STORM EXISTING OVERHEAD �� IRON WATER LINECV LINE STORM INLET ELECTRIC LINE oH[ /* W_W_�W—w---W---W q EXISTING 15" r _w—_W —w'--w w ELECTRIC/ATT E N', • `� RCP STORM w�W---W'---w / ?� © �y rA LINE L=146.83' / co , •WE �, nW R=789.02' o 3I SNOLET RM ��� --SB 31.541 54 `�8 6/8"IRON ROD BENT CHORD=S88» 31' 44"W , 1 N w , �M, 31.54 1NTH YELLOW CAP CHORD LENGTH=148.82' 7 L=25.5 '• 4- • °� lc 6/8•IRON ROD ED R=15.00' O . RED CAP STAMPED 'URBAN'en CHORD=N37'23'38"W yU L=18.88' CHORD LENGTH= .54' SINLET O -cas R=15.00' w < CHORD=S47. 13' 34"W LOT 6, BLOCK 5 6 'CHORD LENGTH=17.50' SOUTH WATER BEACH ADDITION I ti ' VOLUME 68, PAGES 959-960 L r° M.R.N.C.T. avN 'b al X11 ,iF OF T LEGEND: P''''ISTE E� 0 15 30 60 © MANHOLE ELECTRICICPU ATT 1,Stacey King Mora,Registered Professional Land cs_:�EG �EO'!�, MANHOLE STORM Surveyor,hereby certify that this survey was prepared '#:' ‘ 1 ®G MANHOLE SEWER from an actual on the ground survey made under my ......••................... * ` GRAPHIC SCALE IN FEET direction and supervision,and represents the facts foun'„STACEY INIOIIA METES&BOUNDS DESCRIPTION ::: INLET STORM p p ......................,...., "' at the time of survey,and that this survey substantially 616 6 • FOUND IRON ROD •1 . ® CALCULATED CORNER complies with the current standards adopted by the \ '9oc '\t► I TO ACCOMPANY THIS EXHIBIT. B MAG NAIL FOUND WITH AWASHER Texas Board of Professional Land Surveying. :94;•-..W.•; VQ C Copyright Hanson Professional Services Inc. 2019 STAMPED'URBAN ENO.' ri X FOUND DRILL HOLE IN CONCRETE 1X UGHT POLEEXHIBIT "B" ONE OVERHEAD ELECTRIC C ,N.JT GAS UNDERGROUND GAS Stacey Klrora BROADWAY COURT CLOSURE W UNDERGROUND WATER Registered Professional Land SurveyorH ST UNDERGROUND STORM Texas Registration No.6166 ■IA N NSO ANSOt, 0.29 ACRE TRACT OUT OF BROADWAY COURT, AS RECORDED SS UNDERGROUND SEWER IN VOLUME 21, PAGE 50 & VOLUME 68, PAGES 959-960, TO UNDERGROUND ATTISPECTRUM smora@hanson-inc.com Hanson Professional Services Inc. MAP RECORDS, NUECES COUNTY, TEXAS. POE POINT OFBEGINNING M.RN.C.7. MAP RECORDS NUECES Hanson Professional Services Inc. COUNTY,TEXAS TBAEFBR2458I'MPG F-60558 HANSON PROJECT_NO 1910009 DatD:r 1`tI Zo VI — — mus CF 0 r CITY OF CORPUS CHRISTI CERTIFICATION OF PUBLIC RECORD U 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. 031827, passed and approved by the Corpus Christi City Council on July 30, 2019 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 19th day of August, 2019. ctiaa --f-kUfl* Re ecca Huerta City Secretary Corpus Christi, Texas (S E A L) City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 rebeccah(acctexas.corn Nueces County Kara Sands Nueces County Clerk VG-57-2019-2019034219' Instrument Number: 2019034219 Real Property Recordings CERTIFIED COPY Recorded On: August 21, 2019 03:13 PM Number of Pages: 8 " Examined and Charged as Follows: " Total Recording: $35.00 ***********THIS PAGE IS PART OF THE INSTRUMENT*********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2019034219 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190821000150 2406 LEOPARD STREET Recorded Date/Time: August 21, 2019 03:13 PM User: Brenda R CORPUS CHRISTI TX 78408 Station: CLERK02 STATE OF TEXAS ----t Y 0Oth:11 Nueces County I hereby certify that this Instrument was filed in the File Number sequence on the date/time ft.� y i printed hereon,and was duly recorded in the Official Records of Nueces County,Texas st S ��=' Kara Sands , ) op NUE��S �Ct�►1WL Nueces County Clerk Nueces County, TX Caller Times PART OF THE USA TODAY NETWORK Certificate of Publication NOTICE OF PUBLIC HEARING Whereas, an application NOTICE OF PUBLIC has been filed with the City HEARING Council of the City of Whereas, an application Corpus Christi, Texas, to been filed with the City ty has CITY OF CORPUS CHRIS TI consider: Ordinance clos- Councilsof the City ty PO BOX 9277 ing, abandoning and of Corpus Christi, Texas, to vacating the 60-foot-wide street adjoining Block 4, consider: Ordinance clos- South Water Beach Addi- ing, abandoning and CORPUS CHRISTI,TX 78469-9277 tion and Lot 6, Block 5, vacating the 60-foot-wide South Water Beach Addi- street adioining Block 4, tion. South Water Beach Addi- NOW, THEREFORE, NO- tion and Lot 6, Block 5, STATE OF WISCONSIN) TICE IS HEREBY GIVEN South Water Beach Addi- TO THE PUBLIC that a lion. )) public hearing on the appli- NOW, THEREFORE, NO- COUNTY OF BROWN) cation to consider the do- TICE IS HEREBY GIVEN sure, abandonment and va- TO THE PUBLIC that a cation will be held by the public hearing on the appli- I,being first duly sworn,upon oath depose and say that I City Council in the Council cation to consider the clo- am a legal clerk and employee of the ubiisher,Hamel the Chambers of City Hall, 1201 sure, abandonment and va- 9P y, Leopard Street, in the City cation will be held by the Corpus Christi Caller-Times,a daily newspaper published of Corpus Christi, Texas, on City Council in the Council at Corpus Christi in said Cityand State,generallycirculated Tuesday, July 23, 2019, af- Chambers of City Hall, 1201 P ter 11:30 a.m., during the Leopard Street, in the City in Aransas,Bee,Brooks,Duval,Jim Hogg,Jim Wells, regular Council meeting, at of Corpus Christi, Texas, on Kleberg,Live Oak,Nueces,Refugio,and San Patricio, which timedand place all Tuesday, July 23, 2019, af- ter 11:30 a.m., during the Counties,and that the publication of which the annexed is a agents may appear and be heard by the City Council. regular Council meeting, at true copy,was inserted in the Corpus Christi Caller-Times /s/Rebecca Huerta which time and place all on the following dates: City Secretary persons and parties or their agents may appear and be heard by the City Council. /s/Rebecca Huerta City Secretary July 7,2019 On this July 8,2019,I certify that - attached document is a true and exact copy made by the . lisher: Legal Nr e Clerk • Ilk._LA.. i. 1,4 Notary Public,S c- of Wsconsi/ ounty of Brown q.---[C(.--2. Notary Expires N O 7 Publication Cost:$169.90 _ NOTARY = ,r/ Ad No: 0003666966 = go„..4. _ ? Customer No. 1243917 = . G PO#. 5 (n'•. PUBO .• Z` Cr) -i