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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 '~ ./ 'i / ' Armando Chapa City Secretary Approved ,-)~ ~ ./--.; r! ,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: CLu; Ct L V;; CJltf LtC' '. .f- (Mr- LU\i C~~* (L<-'t- 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 '~i,lkOfr,e;x~\ - l,t ntv (iN- Lic'c:('S ::h': C ':.'~ :. SS: 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 s j 4).18 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. -I, ,<,..)- "'l r.u L' loa, },(LI ~lY2("Z_. '._' _L... _.._._ ___.~__'--_~ __._____ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. ,l\i'" ".,*'/ , . . -'-"--. > './ ~ Ii, ,"- , 'I' (l)-:i.'\:~ 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; G:\2000-2099\2009 001 21\documents\050601 Bavooint M&B.doc 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 p,t t DAVID A. PYLE 4700 .,.Q �`' •9 •°FEssto`'y0 G:\2000-2099\2009 001 21\locuments\050601 Bavnoint M&B.doc h1a it ift / / 7 SET/8 1R0 z p 4 3`� / 4f"''o�� /4� / / y /// ,,,66 .4.... 4110,4/- ileteigtk,. k''. I 74-# / /J �� �� / `' Cora —��`�/ .o+' bA�prtt / FOUND 5/8" IRON — ROD W/CAP' t6 0 ¢N / to / m � Ne // v 4 + // , FD_ 5/8" IRON ROD / r wdr/BASS WELSH CAP / 1O /// f 0=064649 / / \.� / / R=549.43' �` N 39'35'34" E \ T=32.55' / 50' , ,rye ' / 0. L=64.98' tt h^ BLUFF SECTION w 28 /.,y ' - , pati k. / FLOUR BLUF ENC/NAL F AR7iY! ,.i •,,•, v wt_ . PGC 41-44 ALRILGT / • S 50'24'26" E i 5 86.57' - ' / ''''S4,..._ q' //1 ` `i" - .Et.. A=0646'49" .10rR=549.93' r-=%t / T=32.58' LOT 4 1 ',.:•.,eV". //f� / L=65.08' ��, ',,+w / V / / / POINT OF BEGINNING = Q- / SET DRILL HOLE V ......../ IN CONCRETE /`lr, ,(i' R=549.93' 3 T=132.64' 7 S 4622 27" W O L=260.41' >7 7 ` 0.50 v; N p O.. was PONT REARS i U S 7J30716'r-540.93 ' 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 4 � / /r �� 7 Lis^" ' 'a 13•Ea�rr I POINT OF COA�NCEMENT c F /y�C�f- h 7s' FOUND 5/8-IRON A. Pyle o ;/ 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 -n a c•-.aa r.: m V -n T7; smE mut is o C�^ D '^ sy.. MD 3 0 r1 City of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408