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Home My WebLink About026579 ORD - 12/20/2005 AN ORDINANCE ABANDONING AND VACATING A 82.5-SQUARE FOOT PORTION OF A 5-FOOT WIDE UTIUTY EASEMENT OUT OF LOT 5, BLOCK 3, WOOD RIVER UNIT 15, APPROXIMATELY 300 FEET EAST OF E. RIVERVIEW DRIVE AND AT THE INTERSECTION OF BEDROCK DRIVE AND BIG CYPRUS BAYOU DRIVE; REQUIRING THE OWNER, BAYPORT DEVELOPMENT, INC., TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 82.5-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive, as recorded in Volume 61, Page 111, Map Records Nueces County, Texas, that the owner, Bayport Development Inc., (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 82.5-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, as recorded in Volume 61, Page 111, 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 Owner pay the fair market value fee of $210.00 for the abandonment and vacation of the total 82.5 square foot portion of the 5-foot wide utility easement. 2 Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant 3. Owner must maintain the area (approximately 2-feet) between the existing house structure and the existing 24" RCP in the 5-foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace the storm sewer line. 4. Owner is required to allow access to the 24" storm sewer line at all times without cost to the City for restoration of any surface improvements and landscaping. H :-LEG-DIR\Joseph\ORD-WoodRv] )-av.doc I . q ~' :- '7 9 . I '- ' ) .) , 5 Owner must televise the 24" RCP to City specifications at his expense and submit video tape to the City for review. Televising the line will establish whether the 24" RCP was damaged during construction of the residential structure. 6 Owner is required to prepare and submit construction plans to rehabilitate the existing 24" RCP per City specifications, at his expense, i City Building Division is requiring that the Owner regrade the existing surface area to correct the existing drainage problem to the adjacent property owner. 8 Owner must comply with comply with the specified conditions of the Ordinance prior to occupancy of the house. 9 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 20th day of December, 2005. ATTEST: THE CITY OF CORPUS CHRISTI I~ Armando Chapa City Secretary He Mayor APproved---4a.. ....J....r. '"'" 1\ , 2005 By: ~ \ ~ Joseph H rney C Assistant City Attorney For City Attorney H:\LEG-DIR\Joseph\ORD- W oodR v 15-av.doc C. ~rpus Christi, Tex~ ."~ day of \ t...... ,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. Respectfu lIy, Respectfully, Council Members The above ordinance was passed by the following vote: Mark Scott Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola H\LEG-DIRJoseph\ORD-WoodRv 15-avdoc r, .) f' .- 7 9 u._ I ~ .. Doc# 20@7043065 ORI6IAlAL 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 026579 passed and approved by Corpus Christi City Council on December 20, 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 27th day of December, 2005. I, 0 /i I Armando Chapa �„ .�,� Ar�� City Secretary , ! 2Corpus Christi, Texas * � s7"' ''';114,214 4 ,.� err 4t STATE OF TEXAS JOB NO.04-4804 COUNTY OF NUECES 82.50 SQUARE FEET ALL that certain tract or parcel of land situated in Nueces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Texas, same being a portion of the five foot utility easement along the Northeast boundary line of Lot 5, Block 3, Wood River Unit 15 as recorded in Volume 61, Page 111 of the Map Records of Nueces County, Texas, and described by metes and bounds as follows, to-wit: COMMENCING at a 5/8 inch iron rod found for the North corner of said Lot 5, Block 3, same being the West corner of Lot 6, Block 3, same lying in the Southeast right-of-way margin of Big Cyprus Bayou Drive; THENCE, along the common boundary line of said Lots 5 and 6, Block 3, SOUTH 40 degrees 58 minutes 31 seconds EAST 28.00 feet to a point; THENCE, SOUTH 49 degrees 01 minutes 29 seconds WEST 4.50 feet to a point for the place of beginning of this tract, same being the Northeast corner of this tract; THENCE, SOUTH 43 degrees 14 minutes 09 seconds EAST 53.24 feet to a point for the Southeast corner of this tract; THENCE, SOUTH 49 degrees 01 minutes 29 seconds WEST 2.60 feet to a point for the Southwest corner of this tract, same lying in the Southwest boundary line of said five foot utility easement; THENCE, along said Southwest boundary line of the five foot utility easement, NORTH 40 degrees 58 minutes 31 seconds WEST 53.20 feet to a point for the Northwest corner of this tract; THENCE, NORTH 49 degrees 01 seconds 29 minutes EAST 0.50 feet to the place of beginning and containing 82.50 square feet of land. I hereby certify that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. Dated this the 16 da rpf , 2005. Ronald A. Voss, Registered Professional Land Surveyor No.2293 yAy T cr RONALD A.VOSS 2293 1No SU:\J • Doc# 2007043065 # Pages 7 • t! 08/21/2007 10:16AM Official Records of `4 NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 1 • CTATE OF OUUNTY OF ACES I hereby certify that this instrument was FILED .0: in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nieces County, Texas 4111 143.44:0460) •Amikait-) Diana T. Barrera NIECES MINTY, 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. .ac S . M.wEEOUT m1.nUE 7 I ,E; i.' W.V.L OEM,EE.EMN.V E6m1.L M. M LOF tOEr MS O.Ewo.ETNA.TO wuE.Ernvsnr. L.M 94 O VOLUME let MME E11CA I P WO OS -`• •- _-....µ b� ``� VOL 1.w.1.0.151.0.ivac.r. • k,, O J'' 1 _. i • 1 E..,m e,..„"".--'°A,,,R \.1.+e`�� i ptc,:, d B,Z SOY... L• t_.. aw•°,, .1..7 r _ w. O� � 0Ir� r ~�yfe° .p - - ` -,7 ! 1 ,.,, p -. e /•N. ..-,;„,,,-.... . ,-_,,....,,..„..... 425 .dIO ,. sn tit rti m ws _�'°mw` a g;O yw ,Y� \::i.- / �MEx..M,.:xM0NC' nr• 3 Yd Misr u!: s• I '•� 4 . NAA aficlug T Isioit I i ' r I $jl,.ma . ¢I V---"' T- R:21A ,� }n (O :axe l ,y iWN Z m I , I a' ° i S✓ G w /. T=112.25�� G \'J r I �i'e.ee�, �I . L=212.25,'/ ,„ \ A q 'M1 I• a1 "a�Ips iia iR• ,n� x S00'32'40•s RfiOW .27 1 a ''27'20•W;1400, N X9'27'20-W 1 T^.00' �,�,,, ra�w,nsio.conr.ev A. 2,,, \ / I 11 V°N 84.3$'39,"VV 50!00' .E 1 vgm..'Fli umrwxvnsu I ` °O, 51 J.E. Itis--y--i �� :'ai .--Th r ..---- ' h I�'u1�� u, , 5' U.E.:. :Ia I�: ��. , • 55 Q yo/ LOCATION MAP 111110 9 \�j, LOT 6 .934.q le tit 11130100qJ1131bgdir_rsb s to gyp. 'k Q 76M 90 .>p ?2 Isiliosi AsoibeaH oti2,161,1141 ••�p� \\00 V. 61, P. 111 "' ,ebtw sldi9710!rtsrl' /tibil6vai ii 1:11‘ci1i Q !. / PROPOSED UTILITY EASEMENT I�� \\\, \\N !i / TO BE CLOSED (82.50 Sq.Ft.l �i! 7 LOT 5 �i �' / O s \ F9, \ / O 7,075 S.F. \`)s° \ Ns \5-, V a'a� \ \ / LOr 4 �7/ 15' U.E. V. 61, P. 111 � � -j / 3 N°3. i / /N 0 q-//9'. hil , / This property lies within Zone C, *FOUND 5/8"IRON RODS according to FIRM 1987,which /� @ ALL LOT CORNERS ii ( � + 3 is not within the 100 year Flood Plane. i------- EASEMENT SEMEN CLOSLJR"E, SEAL: SCALE = 1" : 20' Registered Professional Land Surveyor PAGE 2 OF 2 EXHIBIT A State of Texas No.2293 7DATE: - 06/15/05LOT 5 BLOCK 3 CREW' RS & DL Wood River Unit 15 OFFICE: RV & DB _ V. 61, P. 111 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas DRAFTING: RV & DB ----- GF#: 04-4804 \1 'r 0 S S ENGINEERING & LAND SURVEYING JOB#' 3756 BRATTON ROAD (RECORDED] woco FENCE CORPUS CHRISTI, TEXAS 78413 KE Y ' (MEASURED) WIRE FENCE ^"^l i=R I N G (� 361.854.6202 FAX) 361.853.4696 1 Doc# 2007043065 # Pages 7 .• 08/21/2007 10:16AM s1 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 w • 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 •e, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Barrera NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religions Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. ..«4 City of Corpus Christi Development Services! Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408