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HomeMy WebLinkAbout026206 ORD - 04/12/2005 AN ORDINANCE ABANDONING AND VACATING A 797-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT IN LOT 3, BLOCK 5, COUNTRY ESTATES UNIT 11, LOCATED APPROXIMATELY 530 FEET EAST OF US 77 AND 2,000 FEET SOUTH OF HEARN ROAD; REQUIRING THE OWNER, COASTAL BUILDERS OF TEXAS, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is 797-square foot portion of a 10-foot wide utility easement in Lot 3, Block 5, Country Estates Unit 11, located approximately 530 feet east of US 77 and 2,000 feet south of Hearn Road, as recorded in Volume 49, Pages 175-176, Map Records Nueces County, Texas, that the owner, Coastal Builders of Texas, (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 797-square foot portion of a 10-foot wide utility easement in Lot 3, Block 5, Country Estates Unit 11, as recorded in Volume 49, Pages 175-176, 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 fee of $640 for the abandonment and vacation of the total 797 square foot portion of the 10 foot wide utility easement. 2. SBC has existing utilities within the portion of utility easement being abandoned and vacated and will have to relocate its utilities at owner's expense. 3. AEP has an electrical box within the portion of utility easement being abandoned and vacated and will have to relocate its facilities at owner's expense. 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- 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 H:\LEG.DlRVoseph\ORD-CotryEstll-av.doc c. ,) {' ? 0 C' u~ ,),_ 0 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 12th day of April, 2005. ATTEST: THE CITY OF CORPUS CHRISTI ~_~r?7~ Armando Chapa City Secretary Approved 4;r/l"l r ,2005 By ~ I~ Joseph H ney Assistant City Attorney For City Attorney H:ILEG-DIRIJosephIORD-CotryEstf I-av.doc Corpus Christi, Texas . 11~ day of C~p "J.. , 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: eLI/x. CUji-- Ct{,r- CUr- lLL r-- (114 ' Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Mark Scott IUt,-, ! (i~ty ])1 (/U t.../ John E. Marez Jesse Noyola H:\LEG-D1R\Joseph\ORD-CotryEsfll-av.doc O 'J (' ')' C ,- \', ,.0 n Doc* 2@0502 706 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 026206 passed and approved by Corpus Christi City Council on April 12, 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 18th day of April, 2005. • 1/ 411 Armando Chapa City Secretary Corpus Christi, Texas i ( E , aii, r 1, r' 1 �' _, • 1O,, t COUNTRY ESTATES UNIT 11 J—719-11 5 j. °' i Volume 49, Pages 175-176, Mop Records. - 20 i 4 L N i I Nueces County.Texas >- Z 10 26 E 21 11 3 J c7, cnfl = G 2 3 4 5 6 7 8 28 27 25 22 11 2 o (NI o COUNTRY DAWN DRIVE 111 29 24 23 ?= m=0 • I y9 2 1 30 31 32 33 34 35 36 37 olot 18 ` 3 DAVIS SUBDIVISION 1.057 Acre SHELTON BOULEVARD ii i • - Official P No. 6147d0 s it PARK I Hoocel Public Records 4 5 9 1 D 1 1 PARK Nooses County,Texas 5 6 7 12 LOCATION MAP Scale: 1" = 300' \ LOT 2 / Found F.und /8" V,. Rod S 53° 18' 29" E 100.80' f5/$" I. Rod 11.21' S #- �� 4 o� \ N .4e0PP 1,.. 47.8' --._.._..._ N. N I�+ One Story a Concrete N.N. 4. Brick & Frame House 6 o Driveway = J a 13230 Shelton Blvd. R 50.00' \ ',.. Corpus Christi, Texas i 78410 19.$' __ A = 40° 06' 25N" .\ 1 L = 35.00' \ I N Found Entry 4.0' Conc. Walk T = 18.25' \ 0 m 1 __-- _-- --. . '� 10.4' ✓/_� u, f` N ' .I�S/8"dl. Rod SHELTON 1.7'— ` ON BOULEVARD I W ; 39.5' .r 4.1' LOT 3 a, 0' —A o.00' M BLOCK 5 20' Y.R. • 1 M \IA \ l-) 95') j L 5(6 • I 01 V13 \ 1 Z \1 , P.0.8. 1LOT 4 • Found 5/8" i. Rod ' i — • ' ''►FTEk,p LOT 5 1 —\GSTERF().f:S , 3S' ' f' 'W �DL• P • EDp, •r53."(• f -- _ _ ___ — -- ----- _. . —— THIS PROPERTY LIESINZONE C (AREA OF MINIMAL FLOODING), ! AS PER THE NATIONAL FLOOD INSURANCE1 PROGRAM MAP OF COMMUNITY No. 485464, PANEL No. 0107, SUFFIX "C", HAVING I G AN EFFECTIVE DATE OF JULY 18, 1985. i I SURVEY OF (L-1 : N 09° 50' 34" E 23.82' REFERENCE: MAP RECORDS 797 Square Feet OF LAND OUT OF RECORDED: LOT THREE (3), BLOCK FIVE (5), VOL. 49 PAGE 175-176 CORPUS COUNTRY CHRISST NTE S UNIT 11 TEXAS, SCALE: 1" = 20' DATE: Ma 10, 1984 DATE: Jan. 21 , 2005 I May BEING THE NORTHWESTERLY 10 FEET OF LOT 3. DWG FILE: __-COUNTEST !I STEWART TITLE CO. The undersigned does hereby certify that this survey was this day made, on the ground of the 04183602 property legally described hereon, and is correct, and that there are no discrepancies, conflicts, \7F# shortages in area, boundary line conflicts, visible encroachments, overlapping of improvements, easements or apparent rights—of—way, except as shown hereon, and said property has access to Far' JOSE TREVINO and from a dedicated roadway, except as shown hereon. l/ / SAMPLE ENGINEERING, INC. 4925 EVERHART ROAD, SUITE 119 EDWARD L. SAMPL egistered Professional Land Surveyor CORPUS CHRISTI, TEXAS 78411 EXAS LICENSE No. 3534 (361) 806-0400 • City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408 • January 21,2005 797 Square Feet Out Of Lot 3,Block 5, Country Estates Unit 11 STATE OF TEXAS COUNTY OF NUECES FIELDNOTE DESCRIPTION of a 797 square foot tract of land out of Lot 3,Block 5,Country Estates Unit 11 as shown by map recorded in Volume 49,Pages 175-176 of the Map Records of Nueces County, Texas; said 797 square feet being the Northwesterly 10 feet of said Lot 3, Block 5, shown to be within a 10 foot wide utility easement by said recorded map of Country Estates Unit 11; said 797 square foot tract of land being more particularly described by metes and bounds as follows: Commencing: At a 5/8" iron rod found for the common Westerly corner of Lot 4 and Lot 3, Block 5, Country Estates Unit 11 for the POINT OF BEGINNING, the most Westerly corner of this 797 square foot tract of land; Thence: N 36° 34' 19" E, with the Northwesterly line of said Lot 3, Block 5, a distance of 59.01 feet to a 5/8" iron rod found for an angle corner of Lot 3, Block 5 for an angle corner of this 797 square foot tract of land; Thence: N 09°50' 34"E,continuing with the Northwesterly line of said Lot 3,Block 5, a distance of 23.82 feet to a 5/8" iron rod found for the common Westerly point of Lot 3 and Lot 2, Block 5, Country Estates Unit 11 for the most Northerly corner of this 797 square foot tract of land; Thence: S 53° 18' 29" E, with the common line of Lot 3 and Lot 2, Block 5, a distance of 11.21 feet to a point for the most Easterly corner of this 797 square foot tract of land; Thence: S 09° 50' 34" W, parallel with and 10.00 feet Southeasterly of the Northwesterly line of said Lot 3, Block 5, a distance of 21.13 feet to a point for an angle corner of this 797 square foot tract of land; Thence: S 36° 34' 19" W, continuing parallel with and 10.00 feet Southeasterly of the Northwesterly line of said Lot 3, Block 5, a distance of 55.48 feet to a point on the common line of Lot 3 and Lot 4,Block 5 for the most Southerly corner of this 797 square foot tract of land; Thence: N 83° 58' 29" W, with the common line of Lot 3 and Lot 4, Block 5, a distance of 11.61 feet to the POINT OF BEGINNING,containing 797 square feet of land. Written by: A'!r Edward L. Sampl-45'�S#3534 -,‘ OFTF EDWARD L.SAMPLE 3534 FSSIONPi 110 •.1 ' STATE OFTEXAS COUNTYOFNUECES hereby mitt tha,tni . w, asFltEDeminri l�N umber Sedum�� .anr ,e ;pDhew me and WaS(IREC562 s.--)ORDEDr, eOKa:��01sof Nuecee ,11 COUNTY GLERK 1 or us. NUECES COUN'tlf,' EXAS Wet r stt cts the Sale,Real 0 ' aytslasr crN because of R ta, of the Religio 0%00 a dtap 1Status of NO00110 3021119 , d anti . utr W FEDERAL-L1 ' invalid�"�'ni���� oma Ll H C-...h- "1 [9—OS_ Sxi r2CtD (Si T n. a in�n r off City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi ,TX 78408