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
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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:
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CUji--
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CUr-
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Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Mark Scott
IUt,-,
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(i~ty
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(/U t.../
John E. Marez
Jesse Noyola
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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
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t COUNTRY ESTATES UNIT 11 J—719-11 5 j. °'
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Volume 49, Pages 175-176,
Mop Records. - 20 i 4 L N i I
Nueces County.Texas >-
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Nooses County,Texas 5 6 7 12
LOCATION MAP Scale: 1" = 300'
\ LOT 2 /
Found F.und
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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' \
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—— 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
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EDWARD L.SAMPLE
3534
FSSIONPi
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STATE OFTEXAS
COUNTYOFNUECES
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City of Corpus Christi
Development Services/
Special Services
2406 Leopard,Suite 100
Corpus Christi ,TX 78408