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HomeMy WebLinkAbout026162 ORD - 02/22/2005 AN ORDINANCE ABANDONING AND VACATING A 2,637.50-SQUARE FOOT PORTION OF A 15-FOOT WIDE UTILITY EASEMENT IN LOT 12, SEC. 28, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS (LOT 2, BLOCK 1 BRIDGEPOINT LANDING), LOCATED EAST OF LEXINGTON ROAD AND SOUTH OF SH 358; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,637.50-square foot portion of a 15-foot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tracts (Lot 2, Block 1, Bridgepoint Landing, located east of Lexington Road and south of SH 358, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement 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 2,637.50-square foot portion of a 15-foot wide utility easement in Lot 12, Sec. 28, Flour Bluff & Encinal Farm & Garden Tracts (Lot 2 Block 1 Bridgepoint Landing), as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as utility easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. That the Owner pay the fair market value of $4750.00 for the abandonment and vacation of the total 2,637.50 square foot portion of the 15 foot wide utility easement. 2. 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- to--date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 3. 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. I j: \LEG-D I R \Joseph \0 RD- BdgPnt -av. doc 026162 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 22nd day of February, 2005. ATTEST: THE CITY OF CORPUS CHRISTI /~ Armandol Chapa City Secretary /1___ ~/ ~ g~el L.~r. Mayor Approved f.~"o /1 , 2005 By: ~~ Joseph H rney a Assistant City Attorney For City Attorney H: ILEG- D I R 11 oseph 10 RD- BdgPnt -av. doc 02f)162 Corpus Christi, Texas .,/., 3" -:;\Jy~day of fl~'iu..a.t(r' 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: IMJe, 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, Council Members Respectfully, ~""~~ Samuel L. eal, Jr', M 0 City of Corpus Christi The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott II :ILEG-OI RIJosephIORO-BdgPnt-av .doc ,Ukf I 1..' ~ ti' OJ ,,'it' (_U ;f- .-" -. ( 2it F" ! i.1Jt : \ , :-0:^f (, /-", -oJ -.-hi "':lif- Dot-41 V0E1.012353 CERTIFICATE 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 026162 passed and approved by Corpus Christi City Council on February 22, 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 28th day of February, 2005. Ap Armando Chapa , City Secretary Corpus Christi, Texas 47, \ . (S EA L) ; r :. • . A Irl ENGINEERINRBANG JOB N0. 39507.00.00 DECEMBER 9,2004 (361)854-3101 P.O. BOX 6355 • CORPUS CHRISTI,TEXAS 78466-6355 FAX (361)854-6001 EASEMENT CLOSURE STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for the closure of a 15 foot wide utility easement(not based on an on-the-ground survey)out of Lot 12, Section 28,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,Map Records of Nueces County,Texas;said 15 foot wide utility easement being more fully described by metes and bounds as follows: BEGINNING at the west corner of Lot 2,Block 1,Bridgepointe Landing,a map of which is recorded in Volume 58,Page 1,Map Records of Nueces County,Texas,being the north corner of this easement; THENCE, South 6100'16"East,along the south boundary of said Lot 2,Block 1,a distance of 175.00 feet for the east corner of this easement,from which the south corner of said Lot 2,Block 1,same being on the northwest boundary of Lot 3,Block 1,said Bridgepointe Landing,bears South 6100'16"East, a distance of 10.00 feet; THENCE, South 2859'44"West,parallel to the northwest boundary of said Lot 3,Block 1 and 10.00 feet distant therefrom measured at right angles thereto,a distance of 17.50 feet for the south corner of this easement; THENCE,North 4658'06"West,a distance of 10.31 feet for an interior corner of this tract; THENCE,North 6100'16"West,parallel to the south boundary of said Lot 2,Block 1 and 15.00 feet distant therefrom measured at right angles thereto,a distance of 165.00 feet for the west corner of this tract; THENCE,North 2859'44"East,a distance of 15.00 feet to the POINT OF BEGINNING and containing 2,637.50 square feet of land. Bearings based on the recorded plat of Lots 2 and 3,Block 1,Bridgepointe Landing,a map of which is recorded in Volume 58,Page 1,Map Records of Nueces County,Texas. Unless this Field Notes Description,including preamble,seal and signature,appears in its original form,surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING OF iv, 4407..blViiirgl 4" %. 4144 • yr DAN L.URBAN,R.P.L.S. DmLicense No.4710 9'i • 41 ••a 4714 *e;�_.,. ; sUlt 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 mail@urbaneng,com South Padre Island Drive I ' 3 d C D 1aa s.s r3 i .^ r"xaY!ARK tt:iase z =... podro island Drive State N', � v 10'U.E. - n - .w'AMY ::! Ari,, V11pp0/119 Q7YC � ..a i13iJ(Y1N4Ym � N prfitRNR '1.11� F �20'YR. 20'YR. -, V"Pt.51 i a,. yYw f R Vi l4P:CHu�: �oc�Y r-- ,.,.� -�, ra ptPPE a N i oc t.aa v" Irl„ [" 1 e .if E 10 is X±�w !' naeF u;5p!TE!RE � I..7- n millE n -.--. ss E, L:OR`i1 tQµNR E / .-�n KYK NC � � .... : Sha _ f vJ V � "J ~ Lot 2, Block 1 ck 1 fo C L. o Bridgepointe Landing t 3, Blo ding o C. o Vol. 58, Pg. 1, Map Lot. �1, Map reXas o Records of Nueces County, Texas Br 5g Pg• ounty, o `�, o Vol.o f Nueces s co .o E �i c) Reca' W ,z3 ,--i' co Z W "POINT OF BEGINNING" FORIt cb �` L ,.o 4 o FIELDNOTES DESCRIPTION i ,--- -46 Q_°'z -.1 b,o � � � '''' WQ o o o bo S28'59'44"W - a N S61 0016E 175.00 17.50, clOV.E. o oZ o0 m 2,637.50 sq.ft. 1 b 0 N61'00'16"W 165.00' m -5'U.E. o N46'58 06"W 10.31' Map to Accompany Lot 12, Section 28 -� DATE: DEC. 9, 2004 f1ELDNOTES for the closure of a 15 foot wide utility easement (not Flour Bluff and Encinal Farm and Garden Tracts _ IJRBPJ\ISCALE: 1 = 40 >: . Lased on on on-the-ground survey) out of Lot 12, Section 28, flour Vol. A, Pgs. 41-43, Map Li, JOB NO.: 39507.00.00 Bluff and Encinal Farm and Garden Tracts, a mop of which is recorded Records of Nueces County, Texas ENC3�NEER11�lQ SHEET.• 1 OF 1 in Volume A. Pages 41-43, Mop Records of Nueces County, Texas. y � 2725 sw'wnv°P crus crl�lsn n' 061854-3101 Fax: 060854—V01 DRAWN BY: RR 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 /�]}}���m V ' COUNTY CLERK NUECES COUNTY,TEXAS • 8 Panes i 83/1N/2b85 88:48:38 AN Filed & Recorded in Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees. $i•1.8N Any provision herein which restricts the Sale,Rental or use ofthe described REAL PROPERTY tatus or National Origin,Religion.Sex.Handicap, is R Invalid and unenforceable under FEDERAL LAW, 3/12189 City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408