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HomeMy WebLinkAbout026255 ORD - 05/10/2005 AN ORDINANCE ABANDONING AND VACATING A 1,46B-SQUARE FOOT PORTION OF A 13-FOOT WIDE UTILITY EASEMENT OUT OF LOT 11, RYAN SUBDIVISION, AND LOT 1B, BLOCK 221, PORT ARANSAS CLIFFS; APPROXIMATELY 2,500 FEET SOUTH OF DODDRIDGE STREET AND 400 FEET EAST OF SANTA FE STREET; REQUIRING THE OWNER, TIMOTHY EHRMAN, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is 1 ,468-square foot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, and Lot 1 B, Block 221, Port Aransas Cliffs, as recorded in Volume 14, Page 10, and Volume 45, Page 201, Map Records Nueces County, Texas, that the owner, Timothy Ehrman, (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 ,468-square foot portion of a 13-foot wide utility easement out of Lot 11, Ryan Subdivision, and Lot 1 B, Block 221, Port Aransas Cliffs, as recorded in Volume 14, Page 10, and Volume 45, Page 201, 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 fair market value be waived in part, because the Owner will be dedicating a new easement on the property and that the Owner will be responsible for paying any balance due after deducting the value of the new easement from the total of $2,570.00 for the abandonment and vacation of the 1,468 square foot portion of the 13 foot wide utility easement. 2. Gas Department has an existing 2-inch line that will have to be relocated at owner's expense. 3. SBC, AEP, and TimeWarner have existing aerial facilities on joint use poles crossing the owner's rear property that will have to be relocated 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- H :\LEG-DIR\Joseph\ORD- TimE-av.doc 026255 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 10th day of May, 2005. ATTEST: THE CITY OF CORPUS CHRISTI 'i~ . I \ " /~"1 . Armando Chapa City Secretary Approved "'-1" '; ~ ,) ,2005 By: /~ !A- Joseph. rney 0 Assistan~ City Attorney For City Attorney H :ILEG-DIRIJosephIORD- TimE-av.doc Corpus Christi, Texas \1)11-- day of ~ ,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: IMle, 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 ~ Brent Chesney ~ Melody Cooper ~ Jerry Garcia Ift Bill Kelly 1< Rex A. Kinnison -0& John E. Marez r4 Jesse Noyola Mark Scott raot' H.ILEG-DIRIJosephIORD- TimE-av.doc 02h25!i - 6 )oc# 2005 24699 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 026255 passed and approved by Corpus Christi City Council on May 10, 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 12th day of May, 2005. 1/10, Armando Chapa City Secretary Corpus Christi, Texas • 401Wi ta.,J s t • �O s N 9 F tosV *5 .3.,c,‘''' \ 0 P OC' \ ''‹ ,-100 4k\ *Igi_ Nec‘‘\# 1- 40 0 ,i' ° $1, 4 \ # ><'<\ o \Ot,Ct CP 05L- C)C' 41111. /3 \ ,40 Lamar �, QJ c. 'k CP QST-9) 043- , QO LOCATION MAP EASEMENT CLOSURE RYAN SUBDIVISION 8c PT. ARAN SAS CLIFFS TIM ER H MAN —APPLICANT Prepared by: Job No: 05014 Bass & Welsh Engineering Scale: 1"=1000' 3054 So. Alameda St. Dote: 3-02-05 Corpus Christi, Tx. 78404 Drawing No: 05014b (361) 882-5521 (phone) Plotscole: 1=1 (361) 882-1265 (fax) Sheet 1 of 2 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 11, 2005 FIELD NOTE DESCRIPTION UTILITY EASEMENT CLOSURE Being a tract situated in Corpus Christi, Nueces County, Texas; generally described as the 8 foot utility easement located on Lot 11, Ryan Subdivision as shown on the Map thereof recorded in Volume 14,Page 10, Map Records, Nueces County, Texas, a portion of the 5 feet utility easement located on Lot 1 B, Block 221, Port Aransas Cliff as shown on the Map thereof recorded Volume 45, at Page 201, Map Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southmost corner of Lot 11, Ryan Subdivision in the northeast line of Lot 1 B, Block 221 Port Aransas Cliffs; Thence S40°27'30"W ALONG the southerly projection of the southeast line of Lot 11,a distance of 5.10 feet to a point for the most southerly corner of this tract; Thence N37°58'51"W along the southwest line of the 5'utility easement a distance of 105.97'to a point in the northwest line of Lot 1 B, Block 221, Port Aransas Cliffs for the westmost corner of this tract; Thence N57°08'09"E along the northwest line of Lot 1 B,a distance of 5.02 feet to the northmost corner of Lot 1 B, Block 221 Port Aransas Cliff and the most southerly westmost corner of Lot 11, Ryan Subdivision for an intermediate of this tract; Thence N9°17'05"E along the west line of Lot 11, a distance of 11.20 feet to the most northerly westmost corner of Lot 11 for an intermediate corner of this tract; Thence N52°22'06"E along the northwest line of Lot 11, a distance of 14.00 feet to a point for the most northerly corner of this tract; Thence S37°37'54"E a distance of 4.0 feet to a point for an intermediate corner of this tract; Thence S52°22'06"W four feet southeast of and parallel to the northwest line of Lot 11,a distance of 6.57 feet to an intermediate corner of this tract; Thence S9°17'05"W eight feet east of and parallel to the west line of Lot 11 a distance of 10.42 feet to a point for an intermediate corner of this tract; Thence S37°59'03"E eight feet northeast of an parallel to the southwest line of Lot 11,a distance of 99.35 feet to a point in the southeast line of Lot 11,for the most easterly corner of this tract; Thence S40°27'30"W along the southeast line of Lot 11,a distance of 8.16 feet to the POINT F GINNING forming a tract embracing 1468 square feet(0.0337acres). dr. ��.0 F.T� Mur'.y Bass J ., P. E., R. P. .S 05014 Field Note Description.doc i,.. < MURRAY BASS,JR. 1'1.4 2128 P. O - 1� I 11 ,ORRAON ; : DR / --------,N ..../ + RYAN SU JlVOSOON NN. 12 11 10 VOL. 14, PG. 10 M.R.N.C.T. U) S3T37'54"E Cl'ry 4.006 iyia)-! ci 6 !o S9 0, N ,/I 0 0 ,-A�S °�o Point of S3T59'03'E 99.35' Beginning — L � , U.E.U.E. �9• 700 I N3758 51 105.97' — 4 it AREA OF CLOSURE Io- 1468 S.F. o w 0.0337 AC. 4 Iz I 13 I I � 1 BLOCK 221 1 A C. n,.. C . « : at..-.-' . PORT ARANSAS CLIFFS 01 C.--.7.'' • VOL. 45, PG. 201, 21.4123 N M.R.N.C.T. ® `::.i r 4.4. y N SITE MAP A, o, EASEMENT CLOSURE RYAN SUBDIVISION & PT. ARANSAS CLIFFS Prepared by: 50 Bass & Welsh Engineering TIM E R H M A N —APPLICANT scale°:1"=30'4 3054 So. Alameda St. Date: 3-01-05 Corpus Christi, Tx. 78404 Drawing No: 05014A (361) 882-5521 (phone) Plotscale: 1=1 (361) 882-1265 (fax) Sheet 2 of 2 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color. Religion,Sex,Handicap,Familial Status or National Origin,is Invalid and unenforceable under FEDERAL LAW, 3/12/99 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in File Numbe: Sequence on the date and at the time stamped herein by me.a was duly RECORDED,in the Official Public Records of Nueces County,Texas l on‘ CWCLOW mmoxom o m o.-.c w r_n 0 dl, I+ K��C ��QUXAS m e x'm r n �n z�ra..• e. 0 -ixmnvt+ ru .....r\i u IV -JC) r)—(10.12 r o mm� mnacim' m vc -lo lit ra 0.: