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
,;
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Javier D. Colmenero
Henry Garrett
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Bill Kelly
Rex A. Kinnison
C'" _Ii:..
C"--'y
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Jesse Noyola
Mark Scott
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02fl147
FINANCE OEPARTt'\EN1
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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 ' ...
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Texas O!' T~.
February' 15. 2005
after 10:00 a.m. during
the regular COl!f'lCll
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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
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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.
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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