HomeMy WebLinkAbout026373 ORD - 07/26/2005
AN ORDINANCE
ABANDONING AND VACATING A 75.81 SQUARE FOOT PORTION
(.50-FOOT WIDE BY 151,60-FOOT LONG) OF THE ENNIS JOSLIN
ROAD PUBLIC RIGHT-OF-WAY ADJACENT TO LOT 4, BLOCK 1,
JOSLIN TRACTS, APPROXIMATELY 750 L.F. NORTH OF SOUTH
PADRE ISLAND DRIVE, SUBJECT TO COMPLIANCE WITH
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 75.81 square foot portion (.50-foot wide by 151.60-foot long) of
Ennis Joslin Road public right-of-way adjacent to Lot 4, Block 1, Joslin Tracts,
approximately 750 L.F. north of South Padre Island Drive, as recorded in Volume 58,
Page 85, Map Records Nueces County, Texas, that the Owner, wishes to have
abandoned and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
public right-of-way 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 75.81 square foot portion (.50-foot wide by 151,60-foot long) of
Ennis Joslin Road public right-of-way adjacent to Lot 4, Block 1, Joslin Tracts,
approximately 750 L.F. north of South Padre Island Drive, as recorded in Volume 58,
Page 85, Map Records Nueces County, Texas, is abandoned and vacated for public
use as public right-of-way, subject to Owner's compliance with the following specified
conditions as part of the abandonment and vacation:
1 That payment of fair market value for the street closure be waived because the
City is expediting the closure of the street right-of-way and required specified survey
standards to be met.
2 Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded in the real property Map Records of Nueces County, Texas,
in which the property is located. 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.
3 Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval
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
II U G.DlRIJoseph\ORD-EnnisJ-av.doc
02hJ71
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 July, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
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Armando Chapa
City Secretary
Approved
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,2005
By_
Joseph H ' ney
Assistant City Attorne
For City Attorney
H LEU-DIR\Joseph\ORD-EnnisJ-av.doc
Corpus Christi, Texas
, . l' '\..
,~~) k day of \1fv-t<-t ' 2005
TO THE MEMBERSbF THE ITY 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: INVe, 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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(Mr-
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Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H" LEt ;-D1RIJosephIORD-EnnisJ-av .doc
n2G173
PUBLISHER'S AFFIDAVIT
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CITY OF CORPUS CHRISTI
Ad # 5251600
PO #
Iklorc me, the undersigned, a Notary Public, this day personally came Diana
HIYWl<JS<i, who being first duly sworn, according to law, says that she is
~;t:l'J[OR COLLECTOR of the Corpus Chnsti Caller~Times, a daily newspaper
puhiishcd at Corpus Christi in said City and State, generally circulated in
\rans,ls, Bee, Brooks, Duval, ,Jim Hogg, ,Jim Wells, Karnes, Kenedy, Kleberg,
,IV< Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that
1 Ill' publication of, NOTICE OF PUBLIC HEARING WHEREAS, which the
111lll'xcd is a true cap\', was mserted in the Corpus Christi Caller-Times and on
, he World Wide Web all the Coller Times Interactive on the 11TH day(s) of JULY,
'Uth
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l~o.J1.j)__ (jj~.s~
SENIOR COLLECTOR
['WI U-L! Time(sl
Subscribed and sworn to me on the date of
,JULY 12,2005.
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Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/09.
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NOTlCl! OF PUBUC
HEARING
hereas, application
, havin~ been filad wlIh
. the City Council of the
City of Corpus Christi,
Texas. to consider
abandoning and
vacating the following
straat(s): a 75.81-
square foot portion
(0.50-foot wide x
151,60-foot long) of the
Ennis Joslin Road
public right-aI-way,
adjacent to Lot 4, Block
1, Joslin Tracts,
approximately 750 L. F.
north of South Padre
island Drive,
NOW, THEREFORE,
NOTICE IS HEREBY
GIVEN THE PUBLIC:
That a public hearing!
on said application(s),
to consider the closure .
and abandonment will'
be held by the City;
Council in the CouncIl'
Chambers of City Hall,i
1201 Leopard, in thej
City of Corpus Christi"
Texas on Tuesd~Y.
July 26, 2005 a
10:00 a.m, during
regular Counc;
meeting, at which tl
and place all perse
and perties and/or thaIt;
agents may appeal\:
and be heard by the!
said City Council.,
Effective on July 11..
2005.
/s/ Armando Chapa;
City Sec..wry,
City 01 Corpus Chrisil"
Do c# 2005050992
CERTIFICATE
THE STATE OF TEXAS c
COUNTY OF NUECES c
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 No. 026373 passed and
approved by Corpus Christi City Council on July 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 8th day of August, 2005.
Armando Chapa
City Secretary
Corpus Christi, Texas
^#'0, Tie^ y"'•,A..
(S E A L)
STATE OF TEXAS
COUNTY OF NUECES
BEING A 75.81 SQUARE FOOT (0.002 AC.) TRACT OF LAND, OUT OF
THAT CERTAIN ROAD RIGHT-OF-WAY, KNOWN AS ENNIS JOSLIN
ROAD (SPUR 3), ADJACENT TO LOT 4, BLOCK 1, JOSLIN TRACTS,
AS SHOWN ON MAP OF LOTS 2 & 4, BLOCK 1, JOSLIN TRACTS,
RECORDED IN VOLUME 58, PAGE 85, OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS, THIS TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Bearings are based on the Texas Coordinate System, South Zone and referenced to the
monumented right-of-way of Ennis Joslin Road, aka SPUR 3.
COMMENCING, at a 5/8 inch iron rod, with Texas Department of Transportation aluminum
disk, stamped "RPLS 4700", found, on the northeast right-of-way line of said Ennis Joslin Road
(SPUR 3), at it's intersection with the south boundary line of said Lot 4, Block 1, same point
being the point of curvature of a circular curve to the left, which curve has a central angle of 27°
07' 53", a radius of 549.93 feet, a tangent distance of 132.64 feet, an arc length of 260.41 feet
and whose radius point bears South 73° 30' 20" West, a distance of 549.93 feet and thence with
said curve to the left and northeast right-of-way line of Ennis Joslin Road (SPUR 3), same line
being the southwest boundary line of said Lot 4, in a northwesterly direction, an arc distance of
260.41 feet, to a drill hole, set in concrete, for the POINT OF BEGINNING and east corner of
this tract;
THENCE, South 46°22' 27"West, a distance of 0.50 feet,to a drill hole, set in concrete, for the
south corner of this tract, same point being the point of curvature of another circular curve to the
left, which curve has a central angle of 06°46' 49", a radius of 549.43 feet, a tangent distance of
32.55 feet, an arc length of 64.98 feet and whose radius point bears South 46° 22' 27" West, a
distance of 549.43 feet;
THENCE, with said curve to the left, in a northwesterly direction, concentric and 0.50 feet
distant therefrom, measured at right angles thereto above described common boundary line of
Ennis Joslin Road (SPUR 3) and Lot 4, an arc distance of 64.98 feet, to a drill hole, set in
concrete, for a corner of this tract;
THENCE, North 50° 24' 26" West, continuing parallel with and 0.50 feet distant therefrom,
measured at right angles thereto said northeast right-of-way line of Ennis Joslin Road (SPUR 3),
a distance of 86.57 feet,to a drill hole, set in concrete,for the west corner of this tract;
THENCE, North 39° 35' 34" East, a distance 0.50 feet, to a drill hole, set in concrete, on said
common boundary line of Ennis Joslin Road (SPUR 3) and Lot 4, for the north corner of this
tract;
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THENCE, South 50° 24' 26" East, with said common boundary line of Ennis Joslin Road
(SPUR 3) and Lot 4, a distance of 86.57 feet, to a drill hole, set in concrete, for a corner of this
tract, same point being the point of curvature of a circular curve to the right, which curve has a
central angle of 06° 46' 49", a radius of 549.93 feet, a tangent distance of 32.58 feet and an arc
length of 65.08 feet;
THENCE, with said curve to the right, in a southeasterly direction, continuing with said
common boundary line of Ennis Joslin Road (SPUR 3) and Lot 4, an arc distance of 65.08 feet,
to the POINT OF BEGINNING and containing 75.81 square feet (0.002 ac.)of land.
Pyle& Associates, IInnc.
David A. Pyle, R.P.L.S #4700
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t DAVID A. PYLE
4700 .,.Q
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p // i David A. Pyle, Registered Professional Land Surveyor
k hereby certify that the foregoing mop was prepared
.__I ��� \,....)3i5"EASEMENTfrom ur
o srry made on the ground under my direction
o and that it is true and correct
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'a 13•Ea�rr I POINT OF COA�NCEMENT c F /y�C�f-
h 7s' FOUND 5/8-IRON A. Pyle
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o NOTES: / / ROD W/CAP' .0•C•F TFx . ered Professional Land Surveyor No. 4700
J,�P.•p%STEq 1
0 1) Bearings ore based on the Texas Coordinate System, IJ.2••Q,Fi 00,,p
o South Zone and referenced to the monumented f, EXHIBIT TO
`�' Right-of-Way of Ennis Josh Rood, aka Spur 3. !q' DAVID A.PYLE ` ACCOMPANY
0 2) Stationing conforms to Texas Deportment of 4700 .,.• METES & BOUNDS DESCRIPTION
N Transportation project stotioning for Spur 3 (Ennis Joslin) (.9OFESS�„aT ENNIS JOSLIN ROAD
0 3. Cap• indicates Texas Deportment of Transportation 3' zyO SURN�y (SPUR 3)
Aluminum Disk stamped 7PP.LS 4700” ���/ol 13eing a 75.81 sq. ft. (0.002 acre) tract of land, out of
o
co., 4. Drill holes set in concrete at all corners. that certain rood right-of-way, known as Ennis Joslin
Rood (Spur 3), adjacent to Lot 4, Block 1, Josln Tracts,
01-&-: as shown on mop of Lots 2 & 4, Block 1, Joann Tracts,
PYLE 61 ASSOCIATES INC. recorded in Volume 58, Page 85, of the Map Records of
i PROFESSIONAL LAND SURVEYORS Nueces County, Texas.
0 4455 S.P.IA, SLOE 26
0 CORPUS CHASM, 15 78411
h PHOIEt(361) 093-4191
6 FAN,:(361) -0967 NOT TO SCALE Dote: May 26, 2005
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED in File Number
Sequence on the date and at the time stamped herein by me,arc
was duly RECORDED,in the Official Public Records d
Nueces County,Texas r /(_] ��
CaWrU c�/�j 8-Am .• )
COUNTY CLERK
NUECES COUNTY TEXAS
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 Odpin,is
Invalid and unenforceable under FEDERAL LAW,3/12/89
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City of Corpus Christi
Development Services/
Special Services
2406 Leopard,Suite 100
Corpus Christi,TX 78408