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HomeMy WebLinkAbout023300 ORD - 04/28/1998AN ORDINANCE CLOSING AND ABANDONING 10,121 -SQUARE FOOT PORTIONS OF UTILITY EASEMENTS OUT OF LOT 1B, MAGEE TRACT ANNEX AND LOT 1A, BLOCK A, BROOKHAVEN ANNEX, AND THE OWNER, TED ANDERSON, REPLATTING THE PROPERTY WITHIN 180 DAYS AT HIS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there are 10,121 -square foot portions of utility easements out of Lot 1 B, Magee Tract Annex, and Lot 1A, Block A, Brookhaven Annex, as recorded in Volume 48, Page 191-192 and in Volume 59, Pages 192-193, respectively, of the Map Records of Nueces County Texas, that the Owner, Ted Anderson, wishes to have closed and abandoned. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said utility easements for all purposes, subject to the provisions listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That 10,121 -square foot portions of utility easements out of Lot 1B, Magee Tract Annex, and Lot 1A, Block A, Brookhaven Annex, as recorded in Volume 48, Page 191-192 and in Volume 59, Pages 192-193, respectively, and as described on Exhibits A-1, A-2 and A-3, attached and incorporated herein, is closed and abandoned for public use as a utility easement, subject to Ted Anderson ("Owner") complying with the following specified conditions as part of closure: 1) That the fair market value of the easements be waived because easements in excess of those being closed are being dedicated in the replatting process. 2) That Owner must relocate existing sanitary sewer and gas lines as necessary for Owner's building plans. 3) That Owner dedicate a 15 -foot wide utility easement in the area that currently comprises the 15 -foot Yard Requirement along the Hearn Road Cul -de -Sac. 4) That Owner dedicate a 10 -foot wide utility easement along the US Hwy 77 and Up River Road frontages of the reconfigured Lot 1 B, Magee Tract Annex. 5) That Owner dedicate a 20 -foot wide utility easement adjacent to the southern boundary of the reconfigured Lot 1B, Magee Tract Annex. 6) That Owner dedicate a 20 -foot wide utility easement, 10 -feet on each side of the relocated sanitary sewer line. AG\98\5000.460 April 23. 1998 M}CRUBLMED 023300 2 3) That Owner must replat the property within 180 days at his expense; provided however, the City Engineer may extend the time limit for an additional 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 grdinance is pasted and shall take effect upon first reading as an emergency measure this the . - - day of ( ii �( , 1998. ATTEST: Armando Chapa, City[ cretary LEGAL FORM APPROVED 2.3 A 1 THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr., Mayo THE CITY OF CORPUS CHRISTI , 1998; JAMES R. BRAY, JR., CITY ATTORNEY. ByQl..Qq.btaa..c Alison Gallawa Assistant City Attorney AG\98\5000.460 April 23, 1998 3 Corpus Christi, Texas day of ll (_) r,J 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, Council Members Samuel L. Nea , Jr., Mayor CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Samuel L. Neal, Jr. t_ Javier Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols AG\98\5000.460 (11- L''. ILT ' f,L,L(r,t 023300 April 23, 1998 19 Up R+ ) (8 %/n•. • o� 1 PROPOSED UTILITY EASEMENT CLOSURE (09 -SQUARE FEET) i — PROPOSED UTILITY EASEMENT CLOSURE (10, 052 -SQUARE FEET) NEARN ROAD (Worn EASEMENT CLOSURES MA�rh;d,� GEE TRACT & BROOKHAVEN ANNEX )7_ I 9730 TOWN PARK, SUITE 111 HOUSTON, TEXAS 77036-2323 TEL: (713) 271-1941 FAX: (713) 271-1946 P.O. BOX 42269 HOUSTON, TEXAS MAVERICK 77242-2269 ENGINEERING METES AND BOUNDS DESCRIPTION 0.0016 ACRE (69 SQUARE FEET) PROPOSED ABANDONMENT OF A PORTION OF A 20 FOOT UTILITY EASEMENT OUT OF LOT 1B, MAGEE TRACT ANNEX VOLUME 48, PAGE 191-192 NUECES COUNTY MAP RECORDS GREGORIA FARIAS GRANT, A-592 NUECES COUNTY, TEXAS Being a tract or parcel containing 0.0016 acre, (69 square feet) of land situated in the Gregoria Farias Grant, Abstract Number 592, Nueces County, Texas, being a portion of that certain 20 foot utility easement, out of Lot 1B, Magee Tract Annex, a subdivision of record in Volume 48, Page 191-192, of the Nueces County Map Records, (N.C.M.R. ) Nueces Cotutty, Texas, said 0.0016 acre tract being more particularly described as follows with all bearings referenced to said Lot 1B: Commencing for reference at the common northwest corner of Lot 1A, Brookhaven Annex a subdivision of record in Volume 59, Page 192-193, of the N.C.M.R., the southwest corner of that certain called 0.282 acre tract of record in document 1996032046, Nueces County Deed Records, in the west right-of-way line of U.S. Highway Number 77, (160 feet wide); Thence, South 84°00'56" East, along the line common to said Lot IA, and said 0.282 acre tract, 101.06 feet, to a drill hole found in concrete; Thence, North 09°57'40" East, at 30.05 feet, passing a 5/8 inch iron rod found for the common most northerly corner of said Lot IA, and the southwest corner of said Lot 1B, in all a distance of 73.80 feet to the Point Of Beginning and the southwest corner of the herein described tract; Thence, North 09°57'40" East, 6.64 feet, to the northwest corner of the herein described tract; Thence, South 83°53' 11" East, 20.96 feet, to the most easterly corner of the herein described tract; Thence, South 78°55'35" West, 22.41 feet to the Point Of Beg and containing 0.0016 acre, (69 square feet) of land. 9 9730 TOWN PARK, SUITE 111 HOUSTON. TEXAS 77036-2323 TEL: (713)271-1941 FAX: (713) 271-1946 PO. BOX 42269 MAVERICK HOUSTON, TEXAS 77242-2269 ENGINEERING METES AND BOUNDS DESCRIPTION 0.2308 ACRE (10,052 SQUARE FEET) PROPOSED ABANDONMENT OF CITY OF CORPUS CHRISTI ORDINANCE NUMBER 17729 (UTILITY EASEMENT) GREGORIA FARIAS GRANT, A-592 NUECES COUNTY, TEXAS Being a tract or parcel containing 0.2308 acre, (10,052 square feet) of land situated in the Gregoria Farias Grant, Abstract Number 592, Nueces County, Texas, being all of that certain city of Corpus Christi, Texas, Ordinance Number 17729 (Utility Easement), said 02278 acre tract being more particularly described as follows, with all bearings referenced to Magee Tract Annex, a subdivision of record in Volume 48, Page 191-192, of the Nueces County Map Records, (N.C.M.R. ) Nueces County, Texas: Commencing for reference at the common northwest corner of Lot IA, Brookhaven Annex a subdivision of record in Volume 59, Page 192-193, of the N.C.M.R, the southwest corner of that certain called 0.282 acre tract of record in document 1996032046, Nueces County Deed Records, in the west right-of-way line of U.S. Highway Number 77, (160 feet wide); Thence, South 84°00'56" East, along the line common to said Lot 1A, and said 0.282 acre tract, 101.06 feet, to a drill hole found in concrete for the Point Of Beginning and the southwest corner of the herein described tract; Thence, North 09°57'40" East, at 30.05 feet, passing a 5/8 inch iron rod found for the common most northerly corner of said Lot 1A, and the southwest corner of said Lot 1B, in all a distance of 61.47 feet to a point for the common northwest corner of the herein described tract, and the southwest corner of that certain 20 foot utility easement of record in Volume 48, Page 191-192, N.C.M.R; Thence, South 83°31'28" East, along the line common to said 20 foot utility easement and the herein described tract, 165.19 feet, to the common east corner of said 20 foot utility easement and the herein described tract, in the west right-of-way line of Hearn Road (width varies), in the arc of a curve to the left; &x4;4e* A-3 proposeu ab....donment ord # 17729 page 2 Thence, along the arc of said curve to the left, following said west right-of-way line, having a radius of 50.00 feet, a central angle of 65°57'48", and a chord which bears South 26°58'33" East, 54.44 feet, at 26.83 arc feet, passing a 5/8 inch iron rod found for the common east corner to said Lot 1B, and said Lot 1A, in all a distance of 57.56 arc feet to a 5/8 inch iron rod set for the most easterly corner of the herein described tract; Thence, South 09°57'40" West, 5.31 feet to the southeast comer of the herein described tract; Thence, North 86°35'17" West, 198.90 feet to the Point Of Beginning, and containing 0.2308 acre, (10,052 square feet) of land. 3