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HomeMy WebLinkAbout026147 ORD - 02/15/2005 AN ORDINANCE ABANDONING AND VACATING A 42,471-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 30 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 12 AND 13, SEC. 5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS (APPROXIMATELY 580 FEET SOUTHWEST OF THE DEAD-END PORTION OF THE JUNIOR BECK DRIVE STREET RIGHT-OF-WAY); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 42,471-square foot portion of an undeveloped and unsurfaced 30 foot wide dedicated public right-of-way out of Lots 12 and 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 feet southwest of the dead-end portion of the Junior Beck Drive street right-of-way) as recorded in Volume A, Page 6, Map Records Nueces County, Texas, that the owner, Armando Ortiz, (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right-of-way for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 42,471-square foot portion of an undeveloped and unsurfaced 30 foot wide dedicated public right-of-way out of Lots 12 and 13, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (approximately 580 feet southwest of the dead-end of the Junior Beck Drive street right-of-way, as recorded in Volume A, Page 6, Map Records Nueces County, Texas, abandoned and vacated for public use as public right- of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 . The City Code, Sec. 49-12 elimates payment of the fair market value when an abandoned street is unimproved as it is in this case. 2. Owner is to retain a 15-foot wide utility easement on the west side of the 30' wide dedicated public right-of-way. 3. AEP, had no objections, but will seek reimbursement by the Owner if adjustments to their facilities become necessary. 4. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense in the real property records of Nueces County, Texas. Prior to Building Permit approval of construction, an up- H :\LEG- DIR \Joseph 10 RD-GugCoh n-a v .doc 026147 to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 5. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval; however, the Director of Development Services 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, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 15th day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI ~ Armando Chapa City Secretary ~-~~ ' Samuel L. eal, Jr. Mayor Approved . '~-'(6 9 ,2005 By: H :\LEG- DIR II oseph \0 RD-GugCohn-av ,doc Corpus Christi, Texas i <j-j1--- day of ~l- L,,<'- k\ ' 2005 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: IlWe, 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, ~#~/~ ' Samuel L. eal, Jr., May City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. {u;y: - Ii ;.C....::...:lJv~ Brent Chesney Melody Cooper C~L.c-~ j ,; (l.:.....(-<.\.-t..~ Javier D. Colmenero Henry Garrett "., { ..'--' l <:' .! ()---'1~~ Bill Kelly Rex A. Kinnison C'" _Ii:.. C"--'y ,1 ' (. L,.'" .... i\x Jesse Noyola Mark Scott H :\LEG.. D IR \Joseph 10 RD-GugCohn..a v .doc 02fl147 FINANCE OEPARTt'\EN1 05 fEB -3 ~"\O: 39 State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad# 5111189 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING WHEREAS, which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 31ST day(s) of JANUARY, 2005. $158.23 bc'a./VJ.. ?Ii UutijO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of FEBRUARY 01, 2005. ~()mj YrrtLrzut ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. CA L L E R. TIM E s. January 31<-_ 1201 ' ... Cllyol . Texas O!' T~. February' 15. 2005 after 10:00 a.m. during the regular COl!f'lCll ..-.g. .. which _ ~=~~ =~ '~ ~.':': IBid City' MIlclI. e_ on JOnuary 31. 2QQ5. I::M! ..1- t'~f' f'" _.~ ... -,~ . ~ (,. ~.' r t ^ Dot-41 11100:-.4612:451 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance 026147 passed and approved by Corpus Christi City Council on February 15, 2005 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 25th day of February, 2005. L-NitMary Juare Assistant City Secretary pd - Corpus Christi, Texas W / 1 a • 6�/t (SEAL) MURRAY BASS, JR., P.E., R.P.L.S. 3054 S. ALAMEDA NIXON M. WELSH, P.E., R.P.L.S. PH. 361 882-5521 FAx 361 882-1265 E-MAIL: murrayjr@aol.com E-MAIL: nixmw@aol.com BASS & WELSH ENGINEERING P.O. Box 6397 CORPUS CHRISTI, TEXAS 78466-6397 December 10,2004 04055-M&B-.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.975 acre tract of land, more or less, a portion of Lots 12 and 13, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots,a map of which is recorded in Volume"A",Page 53,Map Records,Nueces County,Texas,said 0.975 acre tract being a portion of a 30'wide road along the west boundary line of said Lots 12 and 13,said 0.975 acre tract as further described by metes and bounds as follows: BEGINNING at a point in the common west boundary line of said Lot 12 and east boundary line of Lot 2, Margaret Kelly Land, a map of which is recorded in Volume 8, Page 40, said map records, for the northwest corner of the tract herein described,said northwest corner bears S00°15'04"W 60.00'from the southwest corner of Lot 6B,Block 2,Industrial Technology Park,a map which is recorded in Volume 55,Page 70,said Map Records; THENCE S89°24'19"E 30.00'to a point in said Lot 12 for the northeast corner of the tract herein described; THENCE S00°15'04"W along a line 30.00'east of and parallel to the west boundary line of said Lots 12 and 13,a distance of 1442.51'to a point said in Lot 13 for the southeast corner of the tract herein described; THENCE N29°08'09"W 61.14' to a point in the common west boundary line of said Lot 13 and said east boundary line of Lot 2,Margaret Kelly Land,for the southwest corner of the tract herein described; THENCE along said common west boundary line of Lots 12 and 13 and east boundary line of Lot 2 N00°1 5'04"E 1389.42'to the POINT OF BEGINNING. OF • 4 . . /14 ,kt. is N4:1 . ,OP t► * Ni n M.Welsh,R.P.L.S. . • /. NIXON• M•W•ELSM•46. 1 (• .$ 2211 o ,ss%o O • OgUpV, -f NMW:ghf Sheet 1 of 1 LOT 6B, BLK 2, INDUSTRIAL CORPORATE DR. LOT 1, MARGARET KELLY LAND TECHNOLOGY PARK, V. 8, P. 40, M. R. V. 55, P. 70, M. R. N BEAR LN. 60' ROAD ROW o-o 1A q Q W ("",\ _ 'a AVO• EX NO w rd`nP 1NsIE.MANS B S89° 24' 19' E 30. 00'� s WW "i3� I... d NO ' • I— cO 1 J1\� No x613 461.S J V -N > VEST POINT RD. Zin b L❑CATI ❑NMAP U A a W 3 (6a s 1' = 2000' CZ f� Nom. O L15 I-2 a o Z H •-- .--i J W O JU ze (Dv)* l7 W /f-*.- Pa _ U El <E I- In r-- El a\ cx O O Q LOT 12, SECT 5, RGE VII I CC 0 LOT 13, SECT 5, RGE VIII oM N29° 08' 09' W 61. 14' 0 100' 200' 400' ■ ■ ■ SCALE: 1'= 200' BASS AND WELSH ENGINEERING SKETCH TO ACCOMPANY METES AND BOUNDS CORPUS CHRISTI, TX COMP. NO: EXB -STR-CLOSURE DESCRIPTION FOR 30' ROAD ROW CLOSURE JOB NO. 04055 SCALE: AS SHOWN CORPUS CHRISTI TX PLOT SCALE: 1" = 200' PLOT DATE: 12/9/04 SHEET 1 OF 1 Doc* :2006'01.2351 W Panes 9 8 /1i/25 68:48:36 APi Filed 6 Recorded in Official Records of NUECES COUNTY DIANA T. BARRERA COUN(Y CLERK Fees $ 5.6N STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped herein by me,and was duly RECORDED,in the Official Public Records of Nueces County,Texas COUNTY CLERK NUECES COUNTY,TEXAS Any provision herein which restricts the Sale,Rental or use of the described REAL becausePROPER atus or ofNatiRace, OCollor, s Religion,Sex,Handicap, Invalid and unentorceabte under FEDERAL LAW 3/12/89 City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408