HomeMy WebLinkAbout028724 ORD - 08/17/2010Page 1 of 3
ORDINANCE
CLOSING, ABANDONING AND VACATING A 89,159.98 -SQUARE FOOT PORTION
OF AN EASEMENT DEDICATED TO THE USE OF THE PUBLIC FOR PARKING
PURPOSES, OUT OF LINDALE PARK SUBDIVISION, SECTION NO.4, BLOCK D, IN
ORDER TO ALLOW FOR THE FUTURE CONSTRUCTION AND DEVELOPMENT
OVER THE EXISTING EASEMENT; REQUIRING THE OWNER TO COMPLY WITH
THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, in accordance with the City of Corpus Christi Code of Ordinances § 49-13,
The City of Corpus Christi is requesting the closure, abandonment and vacation of a
89,159.98 -square foot portion of an easement dedicated to the use of the public for
parking purposes, out of Lindale Park Subdivision, Section No. 4, Block D, in order to
allow for future construction and development over the existing easement. The
easement to be abandoned and vacated is located in a B-4, General Business District;
and
WHEREAS, with proper notice to the public, a public hearing was held on Tuesday,
August 17, 2010, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to close, abandon and vacate said portion of the easement, subject to
the conditions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 89,159.98- square foot portion of an easement dedicated to the
use of the public for parking purposes, out of Lindale Park Subdivision, Section No. 4,
Block D, located west of South Alameda Street between Glazebrook Street and Gordon
Street, as recorded in Volume 11, Page 14, of the Map Records of Nueces County,
Texas, is closed, abandoned and vacated, subject to Alameda Plaza, LLC ("Owner"),
compliance with the conditions specified in Section 2 below, therein allowing for the
future construction and development by CVS/Caremark Company over the existing
easement.(Exhibit A - Metes and Bounds; Exhibit B - Map re: Metes and Bounds; and
Exhibit C — Site map)
SECTION 2. The closure, abandonment and vacation of the above easement is
conditioned upon Owner's compliance with the following:
1) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
2.) Upon approval by Council and issuance of the ordinance, all grants of
easement or closure of the same must be recorded at Owner's expense in the
028724
INDEXED
Ppge 2 of 3
real property Map Records of Nueces County, Texas, the county in which the
property is located. Prior to permitting any construction on the land, an up-to-
date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordina pe is pas ed and shall take
effect upon first reading as an emergency this the %day of t+ c 2010.
ATTEST:
4
Armando Chap;
City Secretary
APPROVED: . August 11,2010.
�E-4
orah Walther Brow
ssistant City Attorne
For City Attorney
CITY OF CORPUS CHRISTI
Joe Ad e
Mayor, City of Corpus Christi
Page 3 of 3
Corpus Christi, Texas
/Dayof
, 2010
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.
Respectfully, Respectfully,
(e. (g -062,0-44e
Joe Adme
Mayor
Council Members
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal L
John E. Marez
Nelda Martinez
Mark Scott ,oelhkez,a1
028724
Job No. 41860.0000
July 28, 2010
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 2.047 acre tract of land out of Lindale Park Subdivision, a map of which is recorded in Volume 11, Page 14,
Map Records of Nueces County, Texas; said tract being the parking area adjacent to Lots 1 tiara 20, Block D of said Lindale. Park
Subdivision and being more fully described as follows:
Beginning at a 5/8" iron rod with cap stamped "PYLE & ASSOCIATES" found on the southeast boundary of Glazebrook
Street, a 60 foot wide public roadway, for the north corner of Lot 1, Block D, said Lindale Park Subdivision and for the upper west
comer of this tract;
Thence, North 58°51'47". East, with the southeast boundary of said Glazebrook Street, same being the northwest boundary of
said parking area and of this tract, a distance of 138.00 feet to the intersection of the southeast boundary of said Glazebrook Street
with the southwest boundary of Alameda Street, a 100 foot wide public roadway, for the north corner (no monumentation found or
set) of this tract;
Thence, South 31°06'00" East, with the southwest boundary of said Alameda Street, same being the northeast boundary' of
this tract, a distance of 570.00 feet to the intersection of the southwest boundary of said Alameda Street with the northwest boundary
of Gordon Street, a 60 foot wide public roadway, for the east corner (no monumentation found or set) of this tract;
Thence, South 58°51'47" West, with the northwest boundary of said Gordon Street, same being the southeast boundary of
this tract, a distance-of-288-00-feetto-the-intersection-ofthe-northwest-boundary_ofsaid_Gordon.Street_with_the_nortlaeast boundary of ..
a 30 foot wide alley shown on said recorded plat of Lindale Park Subdivision, for the south comer (no monumentation found or set) of
this tract;
Thence, North 31°06'00" West, with the northeast boundary of said alley, same being the southwest boundary of this tract, a
distance of 70.00 feet to a drill hole set on a concrete walk for the south comer of Lot 20, Block D, said Lindale Park Subdivision and
for the lower west corner of this tract;
Thence, North 58°51'47" East, with the southeast boundary of said Lot 20, same being the southwesterly boundary of this
tract, a distance of 150.00 feet to a 5/8" iron rod with cap stamped "PYLE & ASSOCIATES" found for the east corner of said Lot 20
and for an interior corner of this tract;
Thence, North 31°06'00" West, with the northeast boundary of Lots 20 thru 1, said Block D, same being the southwesterly
boundary of this tract, a distance of 500.00 feet to the Point of Beginning and containing 2.047 acres (89,159.981 square feet) of land.
Bearings based on the recorded plat of Lindale Park Subdivision, a map of which is recorded in Volume 11, Page 14, Map
Records of Nueces County, Texas.
Description prepared from previous survey of Lots 1 thru 20, Block D, Lindale Park Subdivision by Urban Engineering and
not from a current on the ground survey. Unless this Field Notes Description, including preamble, seal and signature, appears in its
entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy.
S:ISurveying141861AB0001FN41860B000.doe
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
www.urbaneng.com
URBAN ENGINEERING
S. •
JUM.T J. SALAZAR, R.P.L.S.
License No. 4909
TBPE Firm #145
Exhibit A
Page 1 of 1
FAX (361)854-6001
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
tl Lot 8
4 Lot 9
c
ap'�6 Lot 10
aSa,z3 Lot 11
a^z
1%a
5 3 Lot 12
Lot 13
Lot 14
Lot 15
Lot 16
Lot 17
Lot 18
Lot 19
Lot 20
Glozebrook Street
(eo' R.O.W.)
Fd. 5/8" t.R. wlth sap Point of Bepioninq� '
'Pylo and AseoclatesN58'51 47 E 138.00
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot 7
Lot 8
Lot 9
Lot 10
Lot 11
Lot 12 e s e
Lot 13
No Monumenlotton
Found or Set
2.047 Acre
(89.159.981)
pp
8'8
O O
� r
tih
z
No Monumentotlon
Found a Set
Lot 14
Lot 15
Lot 15
Lot 17
Lot 18
Lot 19
Lot 20
N58'51'47"E 150.00' E' Fd. 5/6' I.R. with `op
"Pyle and Associates
S58'51'471" 288.00'
Gordon Street
(6D' R.O.w.)
®No Monumentatton
Found or Sot
90' t{0' 30'7 BD 120' Exhibit t B
1`-60' FIELONOTES for a 2.047 acre tract of land out of
Lindale Park Subdivision, a map of which is recorded in
Volume 11, Page 14, Mop Records of Nueces County,
Texas.
URBAN DATE:JULY 30, 2010
ENGINEERING SCALE: r-60'
CORPUS CHRISTI,
TEXAS} JOB 14CF o.Ba oa
1
n asi t w Far , DRAWN BY RLG
02010 by Urban Engineering
-•-- �� 9206 �� ,sem
� 322f
92lf
11°
3428
322f Public Parking
929
Easement Closure
2;F14i sg..•tt.
9E 3229 �!
Si,
SS
321?
414 41%
�I1118
3246
0 100 20
1
Lindale Park
Public Parking Easement Closure
Exhibit C
Public Parking
Easement Closure
Irf ;If�W�1
Dale: Q9l04/2o1a
Pile: BVIVOiIIleLLIndale_Paik Easement losure,mtcd
prepared By: Dameds S
City of Copus Cidstl Development SeMces-01S
rrs 4�il
�ol,cuut
(iV� Y � d•��` ! i
Stateof Texas
County of Nueces
}
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5946833
PO #
Before me, the undersigned, a Notary Public, this day personally came
GEORGIA LAWSON, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PUBLIC HEARING The Corpus Chri which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
8/2/2010, 8/2/2010.
$ 149.13
1Time(s)
LEGAL SALES REPRESENTIVE
On this kid -day of , 2 !i'�-1 certify that the attached document
is a true and axe exact copy m de by publisher.
c WENN J. MEDINA
MYCQMMI SICNXPiFIES
August 2, 2012
Not. ry Public, State of Texas
oiva4
4E » August 2, 2010 n CALLER -TIMES
Leal Notices 1110
NOTICE OF PUBLIC
HEARING
The Corpus Christi
City Council is to
consider the closure,
abandonment and
vacation of an ease-
mentdedlcated to the
use of the public for
parking: purposes, out
of Block D, Lindale
Park Subdivision,
Sect. No. 4, located
west of South Alame-
da St. between
Glazebrook St. and
Gordon St., in order
to allow for the future
construction and de-
velopment over the
eicistrng easement.
The public hearing on
said: application(s)
will be held by the
City. Council in the
Council Chambers of
City HaII,..1201 .Leop-
ard,
eop-and - in the Cityof
Corpus Christi, Txas
on Tuesday, August
17, 2010 after 12:00
p.m. during the. regu-
lar Council meeting,
at which time .& place
all persons & parties.
and/or their agents
may appear & be
heard bythe said
City Council
/s/ Armando Chapa
City Secretary
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. 028724 passed and approved by
Corpus Christi City Council on August 17, 2010 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 24th day of August, 2010.
Armando Chapa 6
City Secretary
(7� � Corpus Christi, Texas
.±", ;5,,t,
Ay
V f
I Il
. . ^
, ° .. . .
, . ,~
Doc4 2 0 I 1 0 2 2 7 3 3
41, Pages D
06/30/2011 10:09AM
Official Records of
NUECES COUNTY
DIANA T. BARRERA
COUNTY CLERK
Fees $43.00
Any nrovision herein which restricts the Sole,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Relisiun, Sex, Handicap, Familial Status, or
National Origin is invalid and unenforceable
under FEDERAL LAW, 3/12/89.
STATE OF TEXAS
COUNTY OF NUECES
I hereby certify that this instrument was FILED
in file number senuence on the date and at the
time stomned herein by me, and was duly RECORDED
in the Official Public Records of
Nueces County, Texas
Diana T. Barrera
I% *� '
`
WV
Crarn'
^ '4r1u.
2406erit
y of Corpus Onristi
De to vment Services/
Special Services
Suite 'M� ~—~—
Leopard, ,�w
Clr^us Christi, TX 78408