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HomeMy WebLinkAbout031831 ORD - 08/13/2019 Ordinance abandoning and vacating a 4-foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Dr. WHEREAS, the City, on behalf of Foster Dynamic Design, LLC. (Owner) is requesting to abandon and vacate a 4-feet wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3, Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of the City, acting as agent on behalf of Foster Dynamic Design, LLC. ("Owner"), is requesting the abandonment and vacation of a 4- foot wide by approximately 107-feet in length (433 sq. ft.) portion of an existing utility easement out of Lot 3 Block 4, Manhattan Estates Unit 7, located at 3729 Berkeley Drive, as recorded in volume 68, page 954-955, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's 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 abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the 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 within 180 days will hereby make the Ordinance null and void. b. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. 031831 crAnunMrn That the foregoing or finance was read for the first time and passed to its second reading on this theday ofd , 2019, by the following vote: Joe McCombU Michael Hunter (�I%i-6/ Roland Barrera CAA-Oe_/ Ben Molina Lam, Rudy Garza OCI-K1 Everett Roy af.6f/ Paulette M. Guajardo C� 0 Greg Smith arfOe- Gil Hernandez 0.-t--12,/ That the oregoing ordinance was read for the second time and passed finally on this the I day of 2019, by the following vote: Joe McComb ( i Michael Hunter Lb Roland Barrera a b/)eUtU Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo C J Greg Smith 6(-z) Gil Hernandez GYti. PASSED AND APPROVED on this the I3 day of , 2019. ATTEST: e102,e,& b-k(Al2/1/411" friet •-?-4?-iisk-e Rebecca Huerta J cComb City Secretary Mayor 031931 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.010 acre tract being out of a 10'utility easement out of Lot 3,Block 4,Manhattan Estates Unit 7, as shown on a map recorded in Volume 68,Pages 954-955,Map Records of Nueces County,Texas. Said 0.010 acre tract being more particularly described as follows: BEGINNING at a 5/8"re-bar found at the intersection of northwest right of way of Berkeley Drive and a cutback in the northeast right of way of Mets Court,for an outside corner of Lot 3,for the east corner of said 10' utility easement,for the east corner of this survey,for a point of curvature of a curve to the right having a radius of 10.00 feet,and for the POINT of BEGINNING,from WHENCE the east corner of Lot 3 bears,North 28°35'11"East,a distance of 58.59 feet. THENCE with the common line of Lot 3,said cutback,said 10'utility easement,said curve to the right and this survey,a chord bearing South 40°22'32"West,a chord distance of 4.09 feet and a total curve distance of 4.12 feet to a point for the south corner of this survey,from WHENCE a 5/8"re-bar found at the intersection of northeast right of way of Mets Court and a cutback in the northwest right of way of Berkeley Drive and for an outside corner of Lot 3 bears a chord bearing South 85°22'32"West,a chord distance of 10.95 feet and a curve distance of 11.59 feet. THENCE North 61°24'49"West,a distance of 107.73 feet to a point for the west corner of this survey. THENCE North 28°35'11"East,a distance of 4.00 feet to a point at the intersection of the northeast line of said 10' utility easement and the southeast line of a 7.5'utility easement and for the north corner of this survey. THENCE with the common line of said 10' utility easement and this survey,South 61°24'49"East,a distance of 108.56 feet to the POINT of BEGINNING,and containing 0.010 acres of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"re-bar=steel re-bar set with yellow plastic cap labeled Brister Surveying. I,Ronald E.Brister do hereby certify that this survey of the property legally described herein was made on the ground this day June 13,2019 and is correct to the best of my knowledge and belief. e. Ronald E. Brister,RPLS No. 5407 Date:July 9,2019. EOF RONALD E BRISTER 5407 �lq'..FFss Off QSURV Job No. 190907E EXHIBIT B A 0.010 ACRE TRACT BEING OUT OF A 10'UTILITY EASEMENT OUT OF LOT 3, BLOCK 4,MANHATTAN ESTATES UNIT 7,AS SHOWN ON A MAP RECORDED IN [ VOLUME 68,PAGES 954-955,MAP RECORDS OF NUECES COUNTY,TEXAS. J EXHIBIT B 1 m '%/I 'zrz SQ-° SCALE 1"=20' -V o m LOT, 75 U.E. CL I / EXISTING 7 10'Y.RJU.E. F / / / z / m / m O 0.010 ACRE xi m -n AN 433 S.F. 7 H a O / LOT 13,BLOCK 4 xC °/1 , / MANHATTAN H n A w / ESTATES UNIT 1 VOL.67,PG.244 F m0 =, . OF LOT 3 R M.R.N.C.T, C $ 4. / d / C17 / o x o LA H / 01 C1 D/ (64EAS) v / 25 Y.R. R=10.0@ '/� L=4.12' TAN=2.09' / A=23'34'41" / CB=S40'22'32"W,4.09' C2 0 / R=10.107 5'E.E. L=11.59' r%'c-3 /— TAN=6.55' P.O.B. N28°35'11"E 58.59' A=66°25'19' • Q - — - — CB=S85'2?32"W,10.95' Cj o =POINT BERKELEY DRIVE ©=FOUND 5/8"RE-BAR 50'RIGHT OF WAY O=PREVIOUSLY SET 5/8"RE-BAR Ll=N28°35'11"E 4.00' (MEAS) Brister Surveying NOTES: 1.)TOTAL SURVEYED AREA IS 0.010 ACRE. 4455 South Padre Island Drive Suite 51 2.)MEASURED BEARINGS ARE BASED ON GLOBAL Corpus Christi,Texas 78411 POSITIONING SYSTEM NAD 83(93)4205 DATUM. 08'361-850-1800 3.)SET 5/8'RE-BAR—STEEL RE-BAR SET WITH Fax 361-850-1802 YELLOW PLASTIC CAP LABELED BRISTER SURVEYING')r\ . Bristersurveying@oorpuvtwdx:.wm 4.)A METES AND BOUNDS DESCRIPTION OF EQUAL Fom Registration No.10072800 ,'P..EOFrF-f-, DATE ACCOMPANIES THIS SURVEY. s�:rQOtSTE6'i-':'9�4 THIS SURVEY DOES NOT INCLUDE THE RESEARCH. • �,*' ? O *41 INVESTIGATION.OR F EASEMENTS,RIGHT OF WAYS,OR UTILITIES ON THIS " RONALD E BRISTER ' PROPERTY. ' 5407 f I,RONALD E.BRISTER DO HEREBY CERTIFY THAT s( FESS :'Q'1 THIS SURVEY OF THE PROPERTY LEGALLY ./''''.?SUR •""--'... DESCRIBED HEREIN WAS MADE ON THE GROUND . SURV. '." THIS DAY JUNE 13,2019 AND IS CORRECT TO THE EST OF MY KNOWLEDGE AND IF-F. 7....„..W SURVEY DA It JULY 9,2019 JOB NO.190907E RONALD E.BRISTER R.P.LS.NO.5407 ou 4.c;c) i 'h�� �, CITY OF CORPUS CHRISTI i U CERTIFICATION OF PUBLIC RECORD M1COPPpP>EE 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. 031831, passed and approved by the Corpus Christi City Council on August 13, 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 27th day of August, 2019. R _clir,..ezd. 1-i----iAiwtz.. eb cca Huerta City Secretary Corpus Christi, Texas U �' 11 ,'4 ( {SLJ) c c. --- 2 \AtV-7.14 17 t'sy "; m ( t1jA7 City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 S CAN N E D rebeccaccahlc�cctexas.com Nueces County Kara Sands Nueces County Clerk *VG-67-2019-2019036615` Instrument Number: 2019036615 Official Public Records EASEMENT Recorded On: September 05, 2019 02:16 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: $27.00 STATE OF TEXAS 01Y C04941111 Nueces County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Nueces County,Texas i 0 t'/\aS . iy t �F NU '` Nueces Kara Sands Q Nueces County Clerk 0 /1G Nueces County, TX sCJ *********** 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: 2019036615 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20190905000137 2406 LEOPARD STREET Recorded Date/Time: September 05, 2019 02:16 PM User: Regina C CORPUS CHRISTI TX 78408 Station: CLERK03