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Home My WebLink About028821 ORD - 10/26/2010Page 1 of 2 ORDINANCE ABANDONING AND VACATING A 25,774 -SQUARE FOOT PORTION (0.59 ACRES) OF UNDEVELOPED AND UNSURFACED 20 FOOT WIDE, DEDICATED PUBLIC RIGHT-OF-WAY, OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 31, LOT 11, SAID PUBLIC RIGHT OF WAY BEING LOCATED JUST SOUTH OF THE WILLIAMS DRIVE PUBLIC STREET RIGHT OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi is requesting the abandonment and vacation of a 25,774 -square foot portion (0.59 Acres) of undeveloped and unsurfaced 20 foot wide, dedicated public right-of-way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, said public right of way being located just South of the Williams Drive public street right-of-way, in order to accommodate the development of the South Guth Sports Complex; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, October 19, 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 abandon and vacate said portion of the right-of-way, subject to the provisions below. (Exhibit A, Location Map and Exhibit B, Map of proposed road closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 25,774 -square foot portion (0.59 Acres) of a undeveloped and unsurfaced 20 foot wide, dedicated public right-of-way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, as recorded in Volume A, pages 41-43 of the Map Records of Nueces County, Texas, said public right of way being located just South of the Williams Drive public street right-of-way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above right-of-way is conditioned upon compliance with the following: A) Staff recommends that payment of the fair market value be waived in accordance with City of Corpus Christi, Code of Ordinance §49-12(c)(4), which provides that no payment is required for the fair market value of any public street or other public way which is unimproved and not used for any public street purpose, as in this case. B) Upon approval by Council and issuance of the ordinance, in accordance with City of Corpus Christi, Code of Ordinances §49-12(a), all grants of establishment or `28821 H:ILEG-DIR1Shared\LEGAL-DEV.SVCS12010 Agenda110-19-101So. Guth Sports Complex1ORDINANCE to abandon and vacate ROW.docx INDEXED Page 2of2 closing of public streets, alleys, or other public ways must be recorded in the real property records of the county in which the property is located. Prior to permitting any construction on the land, an up-to-date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services. That the foregoing orc�irp pce was read f¢r thg fiyst time and passed to its second reading on this the Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick day of , 2010, by the following vote: Priscilla Leal John E. Marez Nelda Martinez Mark Scott -721aff-- That the f9jegoing ordi nce was read for the second time and passed finally on this the a .. day of Bait, 2010, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 4-Aceni- PASSED AND APPROVED, this the Zday of ed,,, , 2010. ATTEST: taee01(114-Z Armando Chapa Joe A me City Secretary Mayor APPROVED as to form: October 4, 2010 0 2 88 21 By: '^7-14- 1.--- 47 Aii.�s� eborah Walther Brown Assistant City Attorney for City Attorney H:1LEG-DIR1Shared1LEGAL-DEV.SVCS12010 Agenda110-19-101So. Guth Sports Complex\ORDINANCE to abandon and vacate ROW.docx m 0 0 CC Q � = W Z imissommin L W a igg qccrail VIti ,Ni* t1�rM:eg LOCfq Ct Lue • `F.ixcrsa N i 1 EXHIBIT "A" m 0 6 U wto UZ o02 a �L � 4 ti413 LOT 2A PEARY PLACE ANNEX "E" u.e. VOL 49. PG. 184 Y' MR.NCT. I za' Y.R. -WILLIAMS OR. - E - 1309.96' i ) ACRES (2; 6 I crt FP • ,- O I 2 p l) • L' agars gzI z rig vciI AAC 1* co NCS LAJ N°I ti gJ< 0 rr 0 0 V11. OU 0a 0 Cr N a •t1 0 0 z mo Z° Ro 3aCI U� ' r- 3 R iwRo Ruo �„ a to -7= ;_f,.:,QUti - N zx Q q 2 % �Ua¢'- VW~y1U N•.i �6 `- u tn41wRz h,hV ",1. 'fid Nj�� Da h a. m J 41 a 11.1 h o gm .:l� ` mtuPz 0 a D + r L e J 0 0 SHEET 2 OF 2 1. 4122, a a zuVil r 1. O " fhRg Ring oi No LJ EXHIBIT "B" State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5951679 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 , 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, Kleber-g, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4TH DAY OF OCTOBER, 2010 $169.50. Jc LEGAL SALES REPRESENTIVE On this 2 'day of 'Mk .G1/c.,\ is a true and an east copy ma WENN J. MEPINA MY COMMISSION EXPIRES August 2, 2012 P'(-) I certify that the attached document by.,,publisher. Notdry Public, State of Texas CALLER TIMES a October4, 2010 K $ie' Leal Notices 1110 NOTICE Of PUBLIC HEARING An application .has been filed with the Corpus Christi City Council to consider the .abandoning & va- cating of the following public right-of-way: a 25,774 -sq. ft. portion (0.59 Acres) of an undeveloped.: and 'tin - surfaced 20 -ft. wide dedicated public right-of-way, outof the Flour Bluff and Encinal Farm and Garden Tracts, Sect. 31, Lot 11, as re- corded in .Vol. A, Pgs. 41-'43, of the Map Records of Nueces County, TX, '.said public right-of-way, being located just south of the Williams Dr. Public right of way. The public hearing on said application(s) will be held-: by the City Council in the Council Chambers of City Hail, 1201 Leop- ard, in'the ;city of Corpus Christi Texas on Tuesday,' October 19, 2010 after 12:00 p m.'during the regu- lar Councii meeting, at which time & place ail persona & parties and/or their:,'agents may appear &" be heard by the said City, Council. Is7 Armando Chapa City Secretary 7 "li:T' 2 0 1 1 0 1 0 3 5 4 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. 028821 passed and approved by Corpus Christi City Council on October 26, 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 2nd day of November, 2010. Armando Chapa City Secretary ►t; , : Corpus Christi, Texas J // ';. f ri (SEAL) 3337 - PAUL JONES SPORTS COMPLEX- 20' STREET CLOSURE STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.59 Acres (25,774 Sq. Ft.) of land out of Lot 11, Section 31 of the Flour Bluff and Encinal Farm and Garden Tracts as shown on plat thereof recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas. This 0.59 Acre Tract being more particularly described by metes and bounds as follows: COMMENCING at a found 5/8" Iron Rod on the southwesterly right-of-way line of Williams Drive where it meets the common boundary line of Lot 11, Section 31 and Lot 24, Section 28 of the Flour Bluff and Encinal Farm and Garden Tracts as recorded in Volume A, Pages 41 &43 of the Map Records of Nueces County, Texas; THENCE S29°08'03"W along said common boundary a distance of 17.50' to a Point on the proposed southwesterly right-of-way line of Williams Drive, being the Point of Beginning of this tract; THENCE S61°02'02"E through said Lot 11, a distance of 20.00' to a Point, being the northeasterly corner of this tract; THENCE S29°08'03'W continuing through said Lot 11, a distance of 1288.69'to a Point on the northeasterly boundary line of Lot 20, said Section 31, being the southeasterly corner of this tract; THENCE N61°04'35'W along said Lot 20, a distance of 20.00'to a found 5/8" Iron Rod at the southeasterly corner of said Lot 24, Section 28, being the southwesterly corner of this tract; THENCE N29°08'03"E a distance of 1,288.70'to the POINT AND PLACE OF BEGINNING and containing 0.59 Acres (25,774 Sq. Ft.) of land. Bearings are with reference to the southwesterly boundary line of a 20 Acre tract as described in Volume 283, Pages 302-303 of the Deed Records of Nueces County, Texas (N61°00'00"W). State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor for the City of Corpus Christi, hereby certify that the foregoing field notes were prepared by me from an on-the-ground Survey. This the 08th day of October, 2009 •',Ce,OF Tfi .A�� 0 < GOTFj� 'h,4 Russell D. Ochs ; RUSSELL Q. OCHS State of Texas License No. 5,241 •Ago 5241 �P�"'i of EXHIBIT A �MEN.' ^ ' . . ^ * . ^ Doc.4`. 2 0 1 1 0 1 0 3 5 4 1, Pages 7 03/24/2011 12:44PM Official Record', of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 Any orovision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race: Color, Religion: 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. Borrero 41H. . City of Corpus Christi cv Development Services/ Special Services 2406 Leopard,Suite 100