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HomeMy WebLinkAbout026189 ORD - 03/29/2005 AN ORDINANCE ABANDONING AND VACATING AN 81,172-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 60 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 5 AND 12, SEC. 5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS (INTERSECTING WITH THE SOUTHERN PORTION OF THE JUNIOR BECK DRIVE RIGHT-OF-WAY, SOUTH OF BEAR LANE); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 81,172-square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive right-of-way, south of Bear Lane) as recorded in Volume A, Page 53, 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 81, 172-square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way out of Lots 5 and 12, Sec. 5, Range VIII, Gugenheim and Cohn's Farm Lots (intersecting with the southern portion of the Junior Beck Drive right-of-way, south of Bear Lane, as recorded in Volume A, Page 53, 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 eliminates payment of the fair market value when an abandoned street is unimproved as it is in this case. 2. Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the Official Public 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. 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 H. \LEG -D I R \J oseph \0 RD-GugCohn2 -3 V. doc G2f1189 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 29th day of March, 2005. ATTEST: THE CITY OF CORPUS CHRISTI Armand~~ City Secretary ~~~~~.. Samuel L. Neal, Jr. Mayor Approved till (YtL 2.- -?,. , 2005 By: ~~~ Josep Harney Assistant City Atto ney H :ILEG- D I R \J oseph 10 RD-G ugCohn2 -av .doc Corpus Christi, Texa~ , ~ (~ day of ,l \(i.,~ l---- ,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, Council Members The above ordinance was passed by the following vote: Brent Chesney '.,~l I' \.lCr- Samuel L. Neal, Jr. Javier D. Colmenero U,Lj' Melody Cooper , . u....l\, , Henry Garrett \ iL-\.)' Bill Kelly [ V l t' '-- ... Rex A. Kinnison d".{..l'~ , ) \ (.-\." \ , - ll...\L i Jesse Noyola Mark Scott H. \LEG-D I R IJ oseph \0 RD-GugCohn2 -av. doc G ;? i) 1 8 9 FIHA~CE DEPARIMUil PUBLISHER'S AFFIDAVIT 05 MAR 2\ State of Texas County of Nueces AM 8: 41+ } \ J ss: CITY OF CORPUS CHRISTI Ad # 5151062 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 15TH day(s) of MARCH. 2005, $158,23 bLQ/ta. (fj &u~.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MARCH 16. 2005, '~OQL\ 1Y/a;~ k.L~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, TICE OF PUBLIC HEARING Whereas, appHcaUon having been filed with the City Council of the City 01 Corpus ChriIIti, rexa., to consider vacating and abandonIng the following otrMt(a): on 81,172-eque.N foot portion of an undevelOped aft,d ........ '!II' - ~ 1111 putlIa ,... 01_ out <<I.clo II 12, Soc. 5, ~ V\lt, Guganh,l", and Cohn's Fatm Lot. =:'1;:,.:'01 :: Junlor_ 00WI0_ I 01_, _ 0I1Iiir Lone, NOW, THE~~ NOTICE 18 GIVEN THE PIJ8UC: Thot a public = on _ oppllca1lon(a to consider the vacating and abandoning will be held by the_ City Council In the C<luncil Chambere of City H<oII, 1201 Leopard, In the City of CorpU8 Chrilll, Texas on Tuesday, March 29, 2005 after 10:00 a.m. during the regular Council meeting, at which time and place all persons and parties and/or their agents may appear ond be heard by "'e ,aid City Counoll. __ on Maroh 15, 200II. /81 Annondo Chapa Cllyol== Doc* -'+ZI$5 17770 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 026189 passed and approved by Corpus Christi City Council on March 29, 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 6th day of April, 2005. In ja V --til tt— ArmandoChapa OF City Secretary '' `4.1 Corpus Christi, Texas ilt,E%", i ' �s ,44. . ; 1'Atm e. s41 -to., 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 March 8,2005 04055MFT-LTR8 Ms. Mary Frances Teniente, P.E. Assistant Director Department of Development Services City of Corpus Christi P. O. Box 9277 Corpus Christi,Texas 78469-9277 Re: Industrial Technology Park Unit 2, Junior Beck Drive, Corpus Christi, Nueces County,Texas Dear Mary Frances: I am enclosing herewith a metes and bounds description and sketch for the 60' wide road closure associated with subject plat. This was prepared and is submitted to you pursuant to request of Armando Ortiz in a meeting that we had this morning with`Angel Escobar and Felix Ocanas. Sincerely, 14/1 661,1 Nixon M. Welsh,P.E. NMW:ghf Enclosures: Metes and Bounds Sketch Cc: Mr.Armando Ortiz Mr.`Angel R.Escobar P.E. 102 Airport Road Director of Engineering Services Corpus Christi,Texas 78405 City of Corpus Christi W/copies of Metes and Bounds and Sketch P.O.Box 9277 Corpus Christi,Texas 78469-9277 W/copies of Metes and Bounds and Sketch RECEIVF O MAR 0 8 2005 CITY OF CORPUS CHRISTI DEVELOPMENT SERVICES • 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 60'RIGHT-OF-WAY ROAD CLOSURE March 8,2005 04055-M&B2.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 1.863 acre tract of land,more or less, for road closure,a portion Lots 5 and 12,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 1.863 acre tract of land as further described by metes and bounds as follows: BEGINNING at the southeast corner of Lot 6B,Block 2,Industrial Technology Park,a map of which is recorded in Volume 53, Page 70, said map records, said beginning point for the northwest corner of the tract herein described and being in the north right-of-way line of a 60'road between said lots 5 and 12; THENCE S89°24'19"E along said north right-of-way line of 60'road,being along the south boundary line of said Block 2,Industrial Technology Park,across the right-of-way of Junior Beck Drive,along the south boundary line of Block 3,Industrial Technology Park Unit 1,a map of which is recorded in Volume 46,Page 105,106 and 107, said map records and leaving the south boundary line of said Block 3 where said south boundary line of Block 3 curves to the left and continuing S89°24'19"E,in all a distance of 1352.89'to a point in the common east boundary line of said Lot 5 and west boundary line of Lot 6,said section 5,Range VIII,Gugenheim and Cohn's Farm Lots, for the northeast corner of the tract herein described; THENCE S00°18'18"W along said common boundary line between Lots 5 and 6, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots and along the west boundary line of Lot 9B,Brown-Lex Tract,of map of which is recorded in Volume 52,Page 130,said map records,a distance of 60.00'to a point for the southeast corner of the tract herein described; THENCE along the south right-of-way line of said 60' road between Lots 5 and 12, Section 5, Range VIII, Gugenheim and Cohn's Farm Lots,N89°24'19"W 1352.83'to a point for the southwest corner of the tract herein described in the common east boundary line of Lot 2,Margaret Kelly Land,a map of which is recorded in Volume 8,Page 40,said map records and west boundary line of said Lot 12,Section 5,Range VIII,Gugenheim and Cohn's Farm Lots; THENCE along said common east boundary line of Lot 2,Margaret Kelly Land and Lot 12,Section 5 and along the common east boundary line of Lot 1,said Margaret Kelly Land and west boundary line of Lot 5,Section 5, N00°15'04"E 60.00'to the POINT OF BEGINNING,a sketch showing said 1.863 acre tract for road right-of-way closure being attached hereto. oF E •• • I . M. elsh,R.P.L.S. NIXOM• .WESN`l S• •:��0 2211 OQ LBEAR LN. Coo OR C Nno v�. la ME Y iy r. lNv�S� w s a 'SITE' (ROAD TO BE CLOSED) cls. c \', S,1 <y / WEST POINT RD. b 61 LOCATI ❑N MAP 1' = 2000' N c l- ci r 0 :- • mi o '3m Y o� BLOCK 2, INDUSTRIAL Uo TECHNOLOGY PARK, LSI LOT 1, BLK 3, INDUSTRIAL hoz V. 53, P. 70, M. R. Pc) TECHNOLOGY PARK UNIT 1, V. wzrn 0 46, P. 105, 106 & 107, M. R. . Z ` 0 A a� . El 3 �z J p LOT 6B LOT 6A - PORTION LOT 5, SECTION 5, RANGE A>m r J z VIII, GUGENHEIM AND COHN'S x -J o NO' 15' 0 'E 60. 00' FARM LOTS, V. 'A' , P. 53, M. R, ra M -I �� Y_I _ S89'24' 19'E 1352. 89'_ N LCV m N89'24' 19'W 1352. 83' a a 60' WIDE ROAD ROW SO' 18' 18'W 60. 00' <o CLOSURE, 1. 863 AC. SD 0 LOT 12, SECTION 5, RANGE VIII, r(.nu.w GUGENHEIM AND COHN'S FARM LOTS, o0 V. 'A', P. 53, M. R. c z (J'-',-- P x x 3 Z ;U 7 D Cl 0 100' 200' 400' -I ■ ■ ■ SCALE: 1'= 200' BASS AND WELSH ENGINEERING SKETCH TO ACCOMPANY METES AND BOUNDS CORPUS CHRISTI, TX OB NOO.N 04055 5-STR-CLOSURE-1 DESCRIPTION FOR 60' ROAD ROW CLOSURE SCALE: SHOWN CORPUS CHRISTI, TX PLOT SCALE: 1" = 200' PLOT DATE: 3/8/05 SHEET 1 OF 1 Any provision herein which restricts the Sate,Rental or use of the described REAL PROPERTY because of Race,Color, al tatus or nvalidlnand unenforceable under F FEDERAL CLAW, 3/ional 112189 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in File D mb d Sequence on the date and at the time stamped y was duly RECORDED,in the Official Public Records of Nueces County,Texas �nc7zo-n �v ,. ri�t.`y roc=C-,-n on COUNTY CLERK kr. - nn•m ®n, —+is m n a.Rtio %.4.::..1. . , NUECES COUNTY,TEXAS .„,...< uoa. m ro ry —a a w mmar,rv°D ��aZm r7 m rti z � a t' o s.. 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