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HomeMy WebLinkAbout026234 ORD - 04/26/2005 AN ORDINANCE ABANDONING AND VACATING A 1,383.35-SQUARE FOOT PORTION OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 90 AND 91, BLOCK 1, MARIPOSA SUBDIVISION LOCATED SOUTH OF THE YORKTOWN BLVD. AND CIMARRON BLVD. INTERSECTION, IN CONNECTION WITH THE CIMARRON BOULEVARD STREET IMPROVEMENT PROJECT, PHASE 2, YORKTOWN TO BISON (BOND 2004); AND DECLARING AN EMERGENCY. WHEREAS, there is 1 ,383,35-square foot portion of a 10-foot wide utility easement out of Lots 90 and 91, Block 1 Mariposa Subdivision, located south of the Yorktown Blvd, and Cimarron Blvd, intersection, as recorded in Volume 63, Pages 60-61, Map Records Nueces County, Texas, that the 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 1 ,383,35-square foot portion of a 10-foot wide utility easement out of Lots 90 and 91, Block 1, Mariposa Subdivision, located south of Yorktown Blvd, and Cimarron Blvd, intersection, as recorded in Volume 63, Pages 60-61, 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, 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 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 26th day of April, 2005, II :ILEG- D I R \J oseph \0 RD- Mariposa'av, doc 026234 ATTEST: Am,"dO~ City Secretary Approved /tp./l l.-~ ,2005 By: .~{~ Joseph arney 0 Assistant City Attorney For City Attorney H :\L lOG, D I R IJ osephlO RD- M ariposa'av, doc THE CITY OF CORPUS CHRISTI Henry Mayor Corpus Christi, TexU ") ~ I I; '-:J(01t-- day of ~Jt.\..""- , 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: I/We, 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: Henry Garrett ~,I:.... Brent Chesney O,tj Melody Cooper Wi}'. J-.{. f Jerry Garcia ~ Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H :ILEG, D I R \Joseph 10 RD-M ariposa-av, doc "0f' 0 '14 f):_ ).. ,) PUBLISHER'S AFFID~~~lC; ,:;jJ"i::Ji, State of Texas County of Nueces OSAPR;") i'illl:56 CITY OF CORPUS CHRISTI Ad # 5174900 PO # ss: 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 SENIOR COLLECTOR 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 11TH day(s) of APRIL. 2005, $177,19 bL'OJliJ- (fj Uuo-;P.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of APRIL 12. 2005, L-XD0--~ 7111/ktt ~L ) Notary Pub IC, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, IOF . ~~ 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 026234 passed and approved by Corpus Christi City Council on April 26, 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 29th day of April, 2005. ! 4. I/ Armando Chapa City Secretary Corpus Christi, Texas (S E A L) Easement Closure Lots 90 & 91,Block 1 Mariposa Subdivision STATE OF TEXAS COUNTY OF NUECES BEING A 1,382.90 SQUARE FOOT (0.032 AC.) TRACT OF LAND, OUT OF LOTS 90 & 91, BLOCK 1, MARIPOSA SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOLUME 63, PAGES 60 AND 61, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Bearings are based on recorded map of Mariposa Subdivision and referenced to the monumented southeast right-of-way line of Cimarron Boulevard. Beginning, at a 5/8 inch iron rod, with plastic cap, found, on the southeast right-of-way line of that certain 80.00 foot wide roadway known as Cimarron Boulevard, at its intersection with the northeast boundary line of said Lot 90, for the north corner of this tract, same point being the north corner of said Lot 90; Thence, South 60° 57' 38" East, with said northeast boundary line of Lot 90, same line being the southwest boundary line of that certain 2.469 acre tract of land, situated in and out of Lot 18, Section 21, Flour Bluff&Encinal Farm& Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, of the Map Records of Nueces County, Texas, which 2.469 acre tract of land is also described in Document No. 2003006869, Official Public Records of Nueces County, Texas, a distance of 21.00 feet, to a 5/8 inch iron rod, with plastic cap, stamped "Pyle & Associates, Inc.", set, for the east corner of this tract; Thence, South 36°02' 26" West, a distance of 7.56 feet, to a point, at its intersection with the southwest boundary line of an existing 7.5 foot wide utility easement, for a corner of this tract; Thence, North 60° 57' 38" West, with said southwest boundary line of existing 7.5 foot wide utility easement, a distance of 10.09 feet, to a point, at its intersection, with the southeast boundary line of a 10.00 foot wide utility easement for an interior corner of this tract; Thence, South 29° 02' 22" West, with the southeast boundary line of said 10.00 foot wide utility easement, a distance of 82.17 feet, to a point, for a corner of this tract; Thence, South 36° 02' 26" West, a distance of 82.13 feet, to a 5/8 inch iron rod, with cap found on aforementioned southeast right-of-way line of Cimarron Boulevard, at its intersection with the southwest boundary line of aforementioned Lot 91, Block 1, Mariposa Subdivision, for the west corner of this tract, same point being the west corner of said Lot 91; Thence, North 29°02' 50" East, with said southeast right-of-way line of Cimarron Boulevard, same line being the northwest boundary line of said Lot 91 and subsequently aforementioned Lot 90, a distance of 171.19 feet to the Place of Beginning and containing 1,382.90 square feet(0.032 ac.)of land. 'CE OF 7.-' Pyle&Associates,Inc. y;a`` Fa cr �� �� /L_, S7 jji:-- •DAVID A.PYLE 1- • 190 09 4700 '.:.Ct.• David A.Pyle,R. .L.S. N�ti;•fesstg.qo G:\2200-2299\2257 001 71\documents\2257 050514 esmnt closure.doc i1,° 05 t$ -, (CL CIMARRON BOULEVARD — $ — — \ (80' Right—Of—Way) — Found Iron —Rod w/pIosplastic cop Found 5/8"Iron Found 5/8'Iron Rod w/plastic cap Rod w/plastic cop Point Of N 29.02'50'E 171.19' Beginning Closed by City Ordinance Existing lo' S 3e0226•iy No. 026234 urmiy Easement 21.00' ——— —----____—_ 13�— S 29'0222' W '17' S 60'57'38'E —— 10'utinity Eosemsnt 41111 Existing 10" _—___ Wildly Easement —— Set 5/8"Iron Rod — _ _ w/plastic cop stamped l 10.09' Pyle&Associates, Inc. N 60'57'38' w 756' LOT 91 S .36'02'26* W / w AMENDING PLAT •..•''. LOT 90 0 OF i-- LOTS 91 & 90, BLOCK 1 /' c - c: c v Vol. 64, Pga. 144 AGR.N.C.T. „ c 41's..,.. C,] N k 1, 20'Yard Requirement / . m p d' 1,g p y, s W oWa • p9s. 6 ` <.. _ a Q O B { t o$ ANGELWING DR. ---lq \ \ ,... I 0 m NOTES: k I. David A. Pyle. Registered Professional Land Surveyor 1) Bearings ore based on recorded map of Mariposa Subdivision and W hereby certify that the foregoing map was prepared referenced to the monumented southeast right—of—way line of from a survey made on the ground under my direction Cimarron Boulevard. p and that it is true and correct. N. /� ,/' EASEMENT CLOSURE N /.c%r�v--r/ , �i 5=6-G(� 3 David a Pyle f LOTS 90 & 91, BLOCK 1 Registered Professional Land Surveyor No. 4700 ,"','� MARIPOSA SUBDIVISION o • n / �P• O�gTEq t,9 y..42-'`' * Fo•s CIMARRON BOULEVARD PHASE 2 • YORKTOWN TO BISON N ,S DAVID A.PYLE „,Being a 1,382.90 sq. ft. (0.032 acre) tract of land out N m 4700 •v.• ,'of Lots 90 & 91, Block 1, Mariposa Subdivision, a mop PYLE & ASSOCIATES, INC. m < •.90 �� •Q'' of which is recorded in Volume 63, Pages 60 & 61, of N PROFESSIONAL LAND SURVEYORS . •PESS1�.,O I the Map Records of Nueces County, Texas. N 4455 S.P.I.D., SUITE 26 ''•D v V i CORPUS CHRISTI, TX 78411 p PHONE#: (361)993-4191 ., i N FAxj: (361) 985-0967 20 0 20 40 Scale: 1"-= 40' Date: February 28, 2005 6 SCALE IN FEET ucc# 200702261 7 d Panes 7 85/83/2887 9:35AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.88 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number seouence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas 4.11,utiv,i' 1 DIANA T. BARERRA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. City of Corpus Christi P. 0. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DIV. Corpus Christi, Texas 78469-9277