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Home My WebLink About031913 ORD - 11/12/2019 Ordinance closing, abandoning and vacating a 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, conditioned upon payment of $28,000 for fair market value of the improved street and execution of an agreement to relocate stormwater infrastructure WHEREAS, Fish Pond Development, LLC (Owner of adjacent lots) is requesting the closure, abandonment and vacation of a portion of Public Improved Street, 6th Street, located between Buford Avenue and Hancock Avenue; WHEREAS, Owner is seeking to plat adjacent lots without inclusion of street section for the development of senior living facility income-based apartments; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, October 29,2019, 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 close, abandon and vacate a 16,500 square foot portion of public street, 6th Street, lying between Buford Avenue and Hancock Avenue; 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 Fish Pond Development, LLC, (Owner of adjacent properties), the 16,500 square foot portion of 6th Street, a portion of public street lying between Buford Avenue and Hancock Avenue, as recorded in Volume A, Page 23, 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 $28,000 for the fair market value of the improved street pursuant to Corpus Christi Code 49-12. b. Execution of a Deferment Agreement with the City of Corpus Christi to relocate stormwater and water infrastructure within the public right of way to be LU abandoned and the posting of fiscal security to ensure relocation of said stormwater and water infrastructure. c. Upon approval by the City Council and issuance of the ordinance, all grants of U public street right-of-way closures must be recorded at the Owners' expense in 031912 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. That the fore9oing ordinance was read for the first time and passed to its second reading on this the R7-Me-day of 6C-66en—, 2019, by the following vote: Joe McComb Michael Hunter 4 y-e Roland Barrera Ben Molina /4-7 Rudy Garza ktOSIct.,,n Everett Roy Paulette M. Guajardo Greg Smith / 7- Gil Hernandez I That the foregoin ordinance was read for the second time and passed finally on this the day of �2019, by the following vote: Joe McComb 4-17-P Michael Hunter -� Roland Barrera � Ben Molina / Rudy Garza 41/ e Everett RoyR- Paulette M. Guajardo / Greg Smith Gil Hernandez PASSED AND APPROVED on this the ! ill day of l14✓ , 2019. ATTEST: I-VMA-7\ W- Re ecca Huerta i•- cComb City Secretary •r 031913 EXHIBIT"A" LEGAL DESCRIPTION BEING A 0.38 ACRE TRACT NUECES COUNTY,TEXAS A 0.38 acre tract,out of 6th Street,as recorded in Volume A,Page 23,Map Records,Nueces County, Texas.Said 0.38 acre tract being more particularly described as follows: BEGINNING at a set 5/8"iron rod with red plastic cap stamped"HANSON CRP,TX",(hereto for referred as set iron rod),at the intersection.of south right-of-way of Hancock Avenue andthe west right- of-way of 6th Street,for the northeast corner of Lot 11,Block 5,Bay Teirace,recorded in Volume A., Page 23,Map Records,Nueces County,Texas,FROMWHENCE a'found iron rod for the northeast corner of Lot 23,Block 4,recorded in Volume 56,Page.47,Map Record,Nueces County,Texas,bears North 85°48'l4"East, 177.50 feet; THENCE North 85°48'14"East,with the south right-of-way of Hancock Avenue,a distance of 60.00 feet to a set iron rod on the east right-of-way line of 6'h Street,for the northwest corner of Lot 12,Block 4, said.Bay Terrace,andthe northeast corner of the herein described tract; THENCE South 04°08'39"East,with the east right-of-way of 6th Street,same being the west boundary of said Block 4,a distance of 275.00 feet to a set iron rod for the southwest corner of Lot 22,Block 4 and the southeast corner of the herein described tract; THENCE South 85°48'14"West,with the north right-of-way of Buford Avenue,a distance of 60.00 feet to a set iron rod on the westright-of-way line.of 6d Street,for the southeast corner of Lot 1,said Block 5 and the southwest corner of the herein described tract; THENCE North 04°08'39"West,with the west right-of-way of 6th Street a distance of 275.00 feet to the POINT OF BEGINNING and containing 0.38 acre of land,or 16,500 square feet. NOTE:ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE(NAD 1983). %41 �MPJto• Stacey� ra,RPLS - -- • Registered Professional Land Surveyor St eGlsF rF' Texas Registration No.6166 ,.', Hanson Professional Services Inc. "S•rACfy ;,� TBPE F#417 TBPLS F#100395-00 ..... M Date: t t 24 .2D 1 j r 4'2"fre 66"`SRA .4.*SSl4N�. 114.( Page 1 of 1 APR 23. 2019 136 Pitt COF'FL01996 l:\19J085\I9IOO47\GAD\SURVEY\MODFL\efY1 ST-CLOSURE-2019042J.DNSJ CLAY UNE STORM MANHOLE M/3 LOTS 1-8. BLOCK 5 BAY TERRACE VOL. A, PG. 23 M,R.N.C,T. MCP 01°1G:22`!UNE -4 1 03S SlERM SM ST MAW Q RCP SST01M°LYE HP — GAS — GAS 1 1 GAS' .>t • TP CO .o SIM w—w RCP STM MANHOLE CA Mona 15' Q Try '`z -7y LINE CLAY L J uMc 1 z 15* LOC RCP 0 Iv OIC CPC STORM MANHOLE 045T514 15' RCP SRAM UNE r EMS11110 30' RCP 514544 UNE IV N LEGEND: MANHOLE STORM OMANHOLE SEW 34 SET Sir DIANETTRSY TY O LONG SON ROOVMMR® nASHCOPPSTAM►EW 'HANSON GIT. TX ONE SSGAS ST POE MAR.N.C.T. OAN.C.T. OVERHEAD ELECTRIC UNDERGROUNDOAS UNDEROROU ND WATER UNDERGROUND STORM UNDERGROUND SEINER PONT OF BEGINNING TARP RECORD' NUE ES COUNTY. TOM DEFT RECORDS MJEC S COUNTY, TEXAS GAS GAS -STo — — GAS — CAS GAS — GAS GAS— CAS — GAS w�W —W —W w ---w w—w w E7531NS r AC RA11LNE 0 D,RNI c A ELECTRIC UNE ONE Etas** IC ACP B AY TERRACE 1 VOL. A, PG. 2 i M. R .. N. C. T. I 1. o I I U 01 1 1 N04. 05' 39''W 275.00' ORE OHE• ENE =MG tf �>iEMiA UNE PVC STtST uNE� sr � � 8TH 3TFIET GAS DOSING 0 a 0.38 ACRE P.O.B.I o o in c UNE C OHE ■ O E DHE ONE EOSO.IS . ,.. ■l■ STORM UNE DONE r 0.AY SENWP UNE ANHOLE 60' RIGHT-OF-WAY ss ss sr ss ST L PTC fJNE Ss ss I 04, *Air 504. 08' 39hE 275.00' rr 1 1 r O 0 O OT V I rn 1 TJ, B AY TERRACE VOL. A. PG. 291 M. R. N.. C.T. r.II r- ` ♦ r I 1 -4 of 1 I I I 1 1, Stacey King More, Registered Professional Land Surveyor, hereby certify that this survey was prepared from.an actual on the ground survey made under my direction and supervision, and represents the fectsfound at the time of survey, and that thfs survey Substantially compiles with the current standards adopted by the Texas:Board of Professional Land Surveying. Stacey King' Registered Professional Land Surveyor Texas Registration No. 6166 smorat hansondnc.com Hanson Professional Services inc. Data: 1W:. GAS — OAS w w ---W MANHOLE EJOS'IEOSTORM UNE OIE — PERM UtC -w STORM MANHOLE Ur TO. .STOIPM UNE r N OVlItlHEM EIMECIISC I 20 40 GRAPHIC SCALE IN FEET CASTING r CUM SUER LITE METES & BOUNDS DESCRIPTIONS TO ACCOMPANY THIS EXHIBIT. 80� ()Copyright Hanson. Professional .Services Inc. 2019 @'FlAnsoN 1lsnsonl Professional Senecas Inc. 1TTP! P4t7 TTTPLS-1X5ol*D TIME RSR 2455 1 TBPO F-50610 EXIT "B" 6TH STREET CLOSURE 0.38 ACRE TRACT OUT OF 6th STREET, AS RECORDED IN VOLUME A, PAGE 23, MAP RECORDS, NUECES COUNTY, TEXAS. HANSON_PROJECT NO 1910047 APR 23,2019 4:38 PM COPFE01996 1:-\-19JOBS\ 1910047\CAD\SURVEY\MODEL\6TH ST-CLOSURE-20190423.DWG S STAPLES ST BUFORD AVE HANCOCK AVE STREET CLOSURE ®Copyright Hanson Professional _Services Inc. 2019 <2r HANSON Henson Professional Bandon Inc. Tim wn 17BPIs FtooslOo 711FE F4R24$e I,BPQ F. LOCATION MAP 6TH STREET CLOSURE 0.38 ACRE TRACT OUT OF 6th STREET, AS RECORDED IN VOLUME A, PAGE 23, MAP RECORDS, NUECES COUNTY, 1EX4S. HANSON PROJECT NO_1910047 mus cam` H in A CITY OF CORPUS CHRISTI i IN ,E.4., CERTIFICATION OF PUBLIC RECORD 'hcnaroa>`O 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. 031913, passed and approved by the Corpus Christi City Council on November 12, 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 November, 2019. - --- ce.1,(246e."..3.--(r,lit/ Y Re ecca Huerta City Secretary 0kF., Corpus Christi, Texas i4.t`, „7„.e.,!„ ,;?4.7' Saf\•IAC L'Et t• 7,k ,;?4.7' tl x ;. xti City of Corpus Christi Rebecca Huerta, City Secretary- P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 SCAIJ N EDrebeccah(icctexas.com Nueces County NKara Sands Nueces County Clerk *VG-57-2020-2020020933* Instrument Number: 2020020933 Official Public Records CERTIFIED COPY Recorded On: May 26, 2020 08:45 AM Number of Pages: 7 " Examined and Charged as Follows: " Total Recording: $31.00 STATE OF TEXAS Y � q Nueces County (* 4. *1/2 I hereby certify that this Instrument was tiled in the File Number sequence on the date/time cc,„f, printed hereon,and was duly recorded in the Official Records of Nueces County,Texas CS). 5��_ Kara Sands C l h� aucs _ Nueces County Clerk wtda / ---- ---- Nueces County, TXGKCIALT ***********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: 2020020933 DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20200526000032 2406 LEOPARD STREET Recorded Date/Time: May 26, 2020 08:45 AM User: Melissa H CORPUS CHRISTI TX 78408 Station: CLERK07 •, . - lle Times PART OF THE USA TODAY NETWORK Certificate of Publication CITY OF CORPUS CHRIS TI-ACCOUNTS PAY PO BOX 9277 CORPUS CHRISTI,TX 78469-9277 STATE OF WISCONSIN) )) COUNTY OF BROWN) I,being first duly sworn,upon oath depose and say that I am a legal clerk 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 which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times on the following dates: October 13,2019 On this February 3,2020.I certify that the attached document is a true and exact copy made by the publisher: Ilk-- Ig-4-,-.—__ Legal Notice Cle ` Notary Public.State of isconsin,C unty of Brown +Ali Notary Expires \\\0111111111!!% Publication Cost:$165.05NDTARY Ad No:0003839253 - �.� ii Customer No: 1243917 7-7.= (n ••. '°UBL\G :•? PO#: /�. #of Affidavits: 1 'moi F 0��`�` ii,��/O F Iw 1 1SG\\\. This is not an invoice NOTICE OF PUBLIC HEARING Whereas, an application has been filed with the City Council of the City of Corpus Christi, Texas, to consider: Or- dinance closing, abandoning and vacating a 16,500 square foot portion of public street, 6th Street, lying between Bu- ford Avenue and Hancock Ave- nue. NOW, THEREFORE, NOTICE IS HEREBY GIVEN TO THE PUBLIC that a public hearing on the application to consider the clo- sure, abandonment and vaca- tion will be held by the City Council in the Council Cham- bers of City Hall, 1201 Leopard Street, in the City of Corpus Christi, Texas, on Tuesday, Oc- tober 29, 2019, after 11:30 a.m., during the regular Council meeting,at which time and place all persons and par- ties or their agents may ap- pear and be heard by the City Council. is/Rebecca Huerta City Secretary