Loading...
HomeMy WebLinkAbout026581 ORD - 12/20/2005 AN ORDINANCE ABANDONING AND VACATING A 716.70-SQUARE FOOT PORTION OF A 10-FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 30, BLOCK 1, RIVER CANYON UNIT 2, APPROXIMATELY 750 FEET NORTH OF RIVER CANYON DRIVE AND EAST OF AND ADJACENT TO ROLLING RIDGE TRAIL; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 716.70-square foot portion of a 10-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, approximately 750 feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail, as recorded in Volume 48, Pages 147-148, Map Records Nueces County, Texas, that the 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 716.70-square foot portion of a 10-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, as recorded in Volume 48, Pages 141-148, 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 24-inch RCP that's in the 10-foot drainage easement located in the western portion of Lot 30, Block 1, River Canyon Unit 2. 3. Owner is to dedicate a new 490.80 square foot portion of utility easement in the south corner of Lot 30, Block 1, River Canyon Unit 2. 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- 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 H :\LEG-DrR\Joseph\ORD-R vCnyn2-a v .doc ", ,"'\ C r:: ~. 1 lJ,-n.)~ 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 /~ Armando Chapa City Secreta ry Approved ~/) ,2005 By ~ /kc Joseph arney / Assistant City Attorney For City Attorney H :\LEG-DIR\Joseph\ORD-R vCnyn2-av ,doc Corpus Christi, Texas (~D{r- day of Dv~ ,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 n~ Brent Chesney ~~f Melody Cooper ~I Jerry Garcia ~, Bill Kelly Q~ Rex A. Kinnison John E. Marez ~ Jesse Noyola O~L Mark Scott ~~ H: ILEG-D IR\J oseph \0 RD-R vCnyn2-av .doc 02f)~81 f 1] Doc# 2007019716 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. 026581 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. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) Lr • it © LINE TA3LE LOT 31 LINE BEARING LENGTH \ \ L1 N00°47'22"W 7,17' \ \ L2 N44°59'53"W 14,34' C. ----IS4- 53 E \ L3 S68°55'47'E 10.77' Q-Q\�P z U) \F \\ \ 0 0 \ \ POINT OF J \ COMMENCEMENT \ \ FOUND 5/8" N I' \ \ \ IRON ROD g 1, D.E. CLOSURE \ u' 716.7 SQ. FT. \ \ FOUND 5/8" (0.016 AC.) \ \ \ \ IRON ROD \ v, o • \ `roWo p sry\ 0? \ \ \ \ LOT 30 \s\,`S RIVER CANYON UNIT 2 \ VOL. 48, PGS. 147-148 N \ M.R.N.C.T. / / \ ��� \ � - POINT OF / / 4��� 4 /\ BEGINNING if& 1_ \ / / W�'!w�! E \ \ / / -.41.'' \ \. / / S 0 \o ' /JCS / LOT 29 \ \ /1f , `)'/ \ \ / '\/ LOT 14 11 / / / BEARINGS ARE WITH REFERENCE TO THE // DIAGONAL INVERSE FROM THE SOUTHWEST I w / CORNER TO THE EAST CORNER OF LOT 30, / BLOCK 1, RIVER CANYON UNIT II AS RECORDED 12 I/ / IN VOLUME 48, PAGES 147-148. (S83'33'13"E) J / RIVER CANYON UNIT 1 / VOL. 47, PG. 104 / / M.R.N.C.T. / / LOT 15 / / STATE OF TEXAS I �� (3.F. .G' '1•STZ COUNTY OF NUECES /c°3•• PSrR`cO clzh 1 . I, RUSSELL D. OCHS, REGISTERED PROFESSIONAL LAND SURVEYOR a RUSSELL D. CHS 1 OF THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS MAP WAS 5241 PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND v,�'G'"EsSlCr.::() UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST 1°S.U R. \I OF MY KNOWLEDGE, THIS THE 1574 DAY OF NOVElh8Eft , 2005. vi� LLA,4.1,0 D - 0 ), RUSSELL D. OCHS R.P.L.S. 40 0 40 80 TEXAS REGISTRATION NO. 5241 Scale In Feet 10' DRAINAGE EASEMENT CLOSURE 0" CITY of CORPUS CHRISTI, TEXAS RIVER CANYON UNIT 2 `r,I'd OWNER: MARK A. ESPARZA Department of Engineering Services DOCUMENT #2004051609 O.P.R.N.C.T. ce, Survey Division — Phone: 361-826-3500 BEING A TRACT OF LAND CONTAINING 0.016 ACRES (716.7 SQ FT) Date: 11/01/05 OUT OF LOT 30, BLOCK 1, RIVER CANYON UNIT 2 AS RECORDED R Fie:\[AND PROJECTS 3\RIVET CANYON\ Drawn IN VOLUME 48, PAGES 147 — 148 OF THE MAP RECORDS OF ONG\RnERGWroNDEDI4G Checked NUECES COUNTY, TEXAS. By: D. NESMRH Project 2240 — River Canyon Area Drainage Imps. SHEET 1 OF 1 River Canyon Unit 2 10' DRAINAGE EASEMENT CLOSURE STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.016 Acres (716.7 SQ.FT.) of land out 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. This 0.016 Acre drainage Easement being more particularly described by metes and bounds as follows: COMMENCING at a Found 5/8" Iron Rod at the northerly corner of Lot 29,Block 1, River Canyon Unit 2, as recorded in Volume 48, Pages 147-148 of the Map Records of Nueces County, Texas; THENCE S44°59'53"E along the northeasterly boundary line of said Lot 29,a distance of 61.17'to a Point; THENCE N00°47'22"W through Lot 30, said River Canyon Unit 2,a distance of 7.17'to The Point of Beginning of this easement,being the southeasterly corner of this easement; THENCE N44°59'53"W continuing through Lot 30, a distance of 14.34'to a Point,being southwesterly corner of this easement; THENCE N00°47'22"W continuing through said Lot 30, a distance of 68.56'to a Point on the southerly line of a 5'wide Drainage Easement,being the northwesterly corner of this easement; THENCE S68°55'47"E continuing through said Lot 30, a distance of 10.77'to a Point,being the northeasterly corner of this easement; THENCE S00°47'22"E continuing through said Lot 30, a distance of 74.83'to the POINT AND PLACE OF BEGINNING and containing 0.016 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 group under my direction. Th.A the 15TH day of November,2005. •''(E oF. . . .r�y;�; 1,11_ 44,d 49( V /I. �•P-- `mak ‘0 0` Russell D.Ochs . RUSSELL 0. OCHS t�= State of Texas License No. 5,241 N , 7j nommr . 4. . Doc* 2014 TO 19716 N Paoes'v 04/17/2007u 12:337PM Official Records of NUECES COUNTY DIAD 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 tine stamped herein by le, and was duly RECORDED in the Official Public Records of Nueces County. Texas C44.1t:"') <410- 614,141„....„ 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, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable 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