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
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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
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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
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(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 -
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Vol. 64, Pga. 144 AGR.N.C.T. „
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m NOTES:
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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