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HomeMy WebLinkAbout026580 ORD - 12/20/2005 AN ORDINANCE ABANDONING AND VACATING A 612.70-SQUARE FOOT PORTION OF A 10-FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 15, BLOCK 1, RIVER CANYON UNIT 1 , APPROXIMATELY 700 FEET NORTH OF TEAGUE LANE AND WEST OF AND ADJACENT TO CATFISH DRIVE; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 612.70-square foot portion of a 1 a-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700 feet north of Teague Lane and west of and adjacent to Catfish Drive, as recorded in Volume 47, Page 104, Map Records Nueces County, Texas, that the owner, (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 drainage 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 612.70-square foot portion of a 1 a-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, as recorded in Volume 47, Page 104, Map Records Nueces County, Texas is abandoned and vacated for public use as drainage easement, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 That the fair market value fee be waived because the City is initiating the closure of the easement and correcting a troublesome operational problem. 2 City will abandon in place the existing 15-inch RCP located in Lot 15, Block 1, River Canyon Unit 1 and will reroute it to another existing 10-foot utility easement that's located between Lots 14 and 15, Block 1, River Canyon Unit 1. 3 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 H:\LEG-DrR-Joseph\ORD-RvCnyn I-av.doc (.)sr:~o ) _, .l _ _ 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..~ /'t. / Armando Chapa City Secretary Approved ~ A /1 ,2005 By: /l A- { J ~/ Josepr/Harney \j Assistant City Attorney For City Attorney H :\LEG-DIR\Joseph\ORD-R vCnyn I-av.doc Corpus Christi, Texas -9.D~- 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, HeLbM~ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Mark Scott ll1- oJ~c C!1t- [UP ~ a)~ '~ ( . ( . Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola H '\LEG-DIR\Joseph\ORD-R vCnyn I-av.doc - 'I r ... 0 0 ' '..\;1'~ Doc* 20127019715 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 No. 026580 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 9th day of April 2007. /dYh, ^trifEazit___. Armando Chapa City Secretary Corpus Christi, Texas River Canyon Unit 1 10' DRAINAGE EASEMENT CLOSURE STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.014 Acres (612.7 SQ.FT.) of land out of Lot 15, Block 1, River Canyon Unit 1, as recorded in Volume 47, Page 104 of the Map Records of Nueces County, Texas. This 0.014 Acre drainage Easement being more particularly described by metes and bounds as follows: COMMENCING at a Point being the westerly corner of Lot 14,Block 1, River Canyon Unit 1, as recorded in Volume 47, Page 104 of the Map Records of Nueces County,Texas; THENCE S38°19'16"E along the southwesterly boundary line of said Lot 14, a distance of 62.86'to a Point; THENCE N88°03'05"W through Lot 15, said River Canyon Unit 1, a distance of 6.55'to The Point of Beginning of this easement,being the southeasterly corner of this easement; THENCE N88°03'05"W continuing through Lot 15, a distance of 70.40'to a Point on the southeasterly line of a 7.5'wide Utility Easement,being southwesterly corner of this easement; THENCE N46°15'00"E continuing through said Lot 15, a distance of 13.97'to a Point, being the northwesterly corner of this easement; THENCE S88°03'05"E continuing through said Lot 15, a distance of 52.17' to a Point on the southwesterly line of a 5'wide Drainage Easement,being the northeasterly corner of this easement; THENCE S38°19'16"E continuing through said Lot 15, a distance of 13.11' to the POINT AND PLACE OF BEGINNING and containing 0.014 Acres of land. Bearings are with reference to the diagonal inverse from the southwesterly corner to the east corner of Lot 30, Block 1,River Canyon Unit 2, as recorded in Volume 48, Pages 147-148 of the Map Records of Nueces County,Texas. (S83°33'13"E) State of Texas County of Nueces I, Russell Ochs,a Registered Professional Land Surveyor,hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 15TH day of November, 2005. £echs • HSTF • co• State of Texas License No. 5,241 / RUSSET . G. OCHS < •9Q 5241 �P"•Q. \14;•!'ESSIO.•-47 LOT 30 / N CANYON UNIT 2 // /� .t,'',��4 VOL. 48, PGS. 147-148 / // ll*p A` M.R.N.C.T. / / W T� E / / r�!/i 0;ei \ \ /A`'e)/ / A•/ LOT 14 S / // / / POINT OF © // \ COMMENCEMENT LOT 29Iw / -\ ..\ I / // \ \\ s' IoV / \ •.,\ cp./ \ \ /9. F / \ s / 7 em\ � 0,J �1 /S88'0 '0 " \ ,,\h . ' c /7-F co, \;y1 \t‘ 10' D.E. \ \\ / N88'03'05"W 70.40' �\ 6.55' )�S / // D.E. CLOSURE POINT OF \ s Ci• F N� / / 0.014 AC. BEGINNING 4Ss�\ F // (612.7 SQ. FT.) b \ _ N \ \ N N O \ Q \N \N RIVER CANYON UNIT 1N N \ LOT 22 N VOL. 47, PG. 104 .e \\ 1 M.R.N.C.T. \-, AC RIVER CANYON UNIT 1 1 LOT 15 12 LOT VOL. 47, PG. 104 1 1 M.R.N.C.T. 1 1 LOT 21 1 I I 1 1 1 I 1 LOT 16 1 I I I BEARINGS ARE WITH REFERENCE TO THE DIAGONAL INVERSE FROM THE SOUTHWEST CORNER TO THE EAST CORNER OF LOT 30, BLOCK 1, RIVER CANYON UNIT II AS RECORDED IN VOLUME 48, PAGES 147-148. (S83'33'13"E) STATE OF TEXAS �� - COUNTY OF NUECES / �P'�• \.5.T6' +91% I, RUSSELL D. OCHS, REGISTERED PROFESSIONAL LAND SURVEYOR j Co.*e'` *. c,•nA OF THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS MAP WAS *- `SSS ' CC PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST A 0� '... go• t OF MY KNOWLEDGE, THIS THE )S7.° DAY OF NQUEMbek , 2005. LQ .--:'•• �; ,1, '/' � U1 f . . t.dogiV t9i oc,42, RUSSELL D. OCHS R.P.L.S. 40 0 40 80 TEXAS REGISTRATION NO. 5241 ■ ■ ■ ■ ■ MENNIMMEM Scale In Feet 10' DRAINAGE EASEMENT CLOSURE ' CITY of CORPUS CHRISTI, TEXAS RIVER CANYON UNIT 1 6i;11 OWNER: NORMA WEAVER Department of Engineering Services DOCUMENT #2005003904 O.P.R.N.C.T. Survey Division — Phone: 361-826-3500 BEING A TRACT OF LAND CONTAINING 0.014 ACRES (612.7 SO FT) Dote: 11/01/05 OUT OF LOT 15, BLOCK 1, RIVER CANYON UNIT 1 AS RECORDED File:\LAND PROJECTS 3\RNER CANYON\ IN VOLUME 47, PAGE 104 OF THE MAP RECORDS OF Drawn ByR. OCHS OMG\RIVERCANIONDE.OWO NUECES COUNTY, TEXAS. Checked By: 0. River SHEET t OF r Project: 2240 - wr Canyon Area Drainage Imps. Doc* 21Z10716 19715 * Panes 04/17/2007 0 12:37PM Official Records of NIECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 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, and was duly RECORDED in the Official Public Records of Nueces County, Texas 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, Relinion. Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceaoie 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