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Home My WebLink About022494 ORD - 02/20/1996AN ORDINANCE CLOSING AND ABANDONING A 6.8 -ACRE PORTION OF AN INUNDATION EASEMENT OUT OF E. STERLING KINKLER LANDS FOR LAKE CORPUS CHRISTI (LIVE OAK COUNTY, TEXAS); SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT HIS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 6.8 -acre portion of Inundation easement out of E. Sterling Kinkier Lands in Lake Corpus Christi (Live Oak County, Texas), shown by plat recorded in the following Records: (1) E. Sterling Kinkier Lands First Tract and Second Tract, Volume 194, Page 1, of the Deed Records of Live Oak County, Texas; (2) Kate Kelly, ET AL Lands, Volume 147, Page 394, of the Deed Records of Live Oak County, Texas; (3) L.L. Loter Lands, Volume 194, Page 580, of the Deed Records of Live Oak County, Texas; and (4) Easement to the Lower Nueces River Water Supply District, Volume 179, Page 490, of the Deed Records of Live Oak County, Texas. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said Inundation easement, subject to the provisions listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That a 6.8-acare portion of Inundation easement out of E. Sterling Kinkler Lands in Corpus Christi (Live Oak County, Texas), as shown by plat recorded in the following Records: (1) E. Sterling Kinkler Lands First Tract and Second Tract, Volume 194, Page 1, of the Deed Records of Live Oak County, Texas; (2) Kate Kelly, ET AL Lands, Volume 147, Page 394, of the Deed Records of Live Oak County, Texas; (3) L.L. Loter Lands, Volume 194, Page 580, of the Deed Records of Live Oak County, Texas; and 96ag5000.871.vr February21, 1996 1 :J 4 MOO ILMED (4) Easement to the Lower Nueces River Water Supply District, Volume 179, Page 490, of the Deed Records of Live Oak County, Texas. as described by metes and bound on the attached and incorporated Exhibit A, be and the same is hereby closed for public use and every municipal purpose, subject to the following specified conditions as part of closure: 1) That Owner pay the Fair Market Value of $2,450.00 for the portion of the easment being closed. 2) That Owner replat the property within 180 days at his expense; provided however, the City Engineer may extend the time limit for an additional one hundred eighty (180) days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the l.0 Day of I-Pbvl,tchrii , 1996. ATTEST: THE CITY OF CORPUS CHRISTI MAYOR The City of Corpus Christi APPROVED THIS THE 2/ DAY OF 4.11./....Wily— , 1142k. 4 1 By: I►._ _ Alison Galla Assistant City Attorney 96ag5000.871.vr February 21, 1996 Corpus Christi, Texas ZVDay of i r tA. .AM 19 "l TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols 96ag5000.871.vr YL l lr 1 t Dom CORPUS CHRISTI CL -y, aty- 022 134 CL Ey_ February 21, 1996 Description of a 6.8 ± acre tract of land out of that 13 labors of land granted by the State of Texas to John McMullen, Assignee of Pablo Salinas, by Patent No. 478, Volume 6, of date 14 July 1848. Being all that certain tract or parcel of land situated in Live Oak County, Texas, and being a part of that 13 labors of land granted by the State of Texas to John McMullen, Assignee of Pablo Salinas, by Patent No. 478, Volume 6, of date 14 July 1848, and being a part of that 296.18 ± acre tract of land conveyed by partition deed to E. Sterling Winkler recorded in Volume 194, Page 1, Deed Records, Live Oak County, Texas, said 296.18 ± acre tract of land being further described by forementioned partition deed as all of two separate tracts of land, the FIRST TRACT being a 168 ± acre tract of land and the SECOND TRACT being a 128.18 ± acre tract of land, more particularly described by setes and bounds as follows to wit: BEGINNING at the most Southerly corner of the forementioned 168 ± acre PIRST TRACT of land, said corner being the most Easterly corner of the forementioned 128.18 ± acre SECOND TRACT of land, said corner being the most Southerly corner of a 170.56 ± acre easement granted by Ernest Winkler to the LOWER NUECES RIVER WATER SUPPLY DISTRICT, said easement being all of the forementioned FIRST TRACT of land and part of the forementioned SECOND TRACT of land, said easement described and recorded in Volume 179, Page 490, Deed Records, Live Oak County, Texas, said corner being THE POINT OF BEGINNINQ said point being the most Southerly corner of the tract herein described; THENCE, with the Southwest line of the forementioned FIRST TRACT of land same being the Northeast line of the forementioned SECOND TRACT of land, said line being the Southwest line of the forementioned easement, N. 45' W., a distance of 1730.4 feet to a point, said point being an inner corner in the Southwest line of the foresentioned easement, said point being an inner corner in the Southwest line of the tract herein described; THENCE, continuing with the forementioned Southwest easement line and along a line departing from the common boundary line of the FIRST TRACT of land and the SECOND TRACT of land, N. 66' 56' W., a distance of 803.1 feet to a point, said point being in the Northwest line of the forementioned SECOND TRACT of land, said point being the most Westerly corner of the forementioned easement, said point being the most Westerly corner of the tract herein described; THENCE, with the foresentioned Northwest line of the SECOND TRACT of land and the Northwest line of the forementioned easement, N. 45' E., a distance of 7 feet, more or less, to a point where the 94 foot M.S.G. elevation contour contained within the forementioned easement intersects the forementioned Northwest line of the SECOND TRACT of land and the forementioned Northwest line of the easement; THENCE, in a Southeasterly direction with the meanderings of the forementioned 94 foot N.S.L. elevation contour to a point in the forementioned common boundary line of FIRST TRACT of land and the SECOND TRACT of land, said point bears N. 45' W., a distance of 25 feet, more or less, from the forementioned inner corner in the Southwest easement line; THENCE, continuing in a Southeasterly direction with the forementioned meanderings of the 94 foot M.S.L. elevation contour to a point in the Southeast line of the forementioned FIRST TRACT of land, said point being in the Southeast line of the forementioned easement; THENCE, with the forementioned Southeast line of the FIRST TRACT of land and the forementioned Southeast line of the easement, S. 45' W., a distance of 164 feet, more or leas, to RETURN TO AND CLOSE AT THE POINT OF NFCINNINr containing within said bounds 6.8 ± acres of land. The above description was prepared from data obtained from instruments of record recorded in the DDed Records of Live Oak County, Texas and does not intend to reflect an on the ground survey. By:V V �,w4 T,/Joe Boehm, P.E., R.P.L.S. EXHIBIT A WENN BROTHERS ENGINEERING 234 EAST TRANI ROAD KINGSVILLE. TEXAS 78367 TA;[euV, n i.V .U4 NOTES: 4 44. I..TI,Y,N WM FIRST TRACT (l`ie l µW) L .R.u,. w.. TRACT (m41411410 1) E. STERLING KINKLER LANDS FIRST TRACT AND SECOND TRACT VOLUME 194, PAGE 1 DEED RECORDS LIVE OAK COUNTY, TEXAS 2) KATE KELLY, ET AL LANDS VOLUME 147, PAGE 394 DEED RECORDS LIVE OAK COUNTY, TEXAS 3) L. L. LOTER LANDS VOLUME 194, PAGE 580 DEED RECORDS LIVE OAK COUNTY, TEXAS 4) EASEMENT TO THE LOWER NUECES RIVER WATER SUPPLY.DISTRICT VOLUME 179, PAGE 490 DEED RECORDS LIVE OAK COUNTY, TEXAS EXHIBIT A S 4 44 Q` e EXH1BIT 6 I N SHOWING A 6.81 ACRE TRACT OF LAND OUT OF THE E. STERLING KINKLER LANDS SITUATEDED IN LIVE OAK COUNTY, TEXAS, SAID 6.82 ACRE TRACT BEING WITHIN THE EASEMENT REFERENCED IN NOTE 4 HEREON AND AT AN ELEVATION ABOVE THE 94 FOOT M.S.L. ELEVATION CONTOUR SHOWN. THIS EXHIBIT WAS PREPARED FROM DATA OBTAINED FROM INSTRUIENTS OF RECORD REFERENCED IN THE NOTES HEREON AND RECORDED IN THE DEED RECORDS OF LIVE OAK COUNTY, TEXAS AND DOES NOT INTEND TO REFLECT AN ON THE GROUND SURVEY. BY:r T/Jbe Boehm, P.E., R.P.L.S. BOEIM BROTHERS ENGINEERING 234 EAST TRANT ROAD KINGSVILLE. TEXAS 715363