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HomeMy WebLinkAbout028963 ORD - 02/15/2011Page 1 of 3 ORDINANCE ABANDONING AND VACATING AN 89,683 -SQUARE FOOT PORTION OF THE NORTH COUNTRY CLUB PLACE AND SOUTH COUNTRY CLUB PLACE PUBLIC STREET RIGHTS-OF-WAY, OUT OF THE COUNTRY CLUB PLACE SUBDIVISION, THE PUBLIC RIGHTS-OF- WAY BEING LOCATED NORTH OF THE INTERSTATE HIGHWAY 37 RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, the fee simple owners of the servient estate, Citgo Refining and Chemicals, Flint Hill Resources, Magellan Terminal Holdings, and Markwest Javelina Co., LLC., through their agent Citgo Refining and Chemicals ("Owners' Agent) are requesting the abandonment and vacation of an 89,683 -square foot portion of the North County Club Place and South Country Club Place public street rights-of-way, out of the Country Club Place Subdivision, the public rights-of-way being located north of the Interstate Highway 37 right-of-way. The rights-of-way to be abandoned and vacated are located in a "R- 1 B" One -Family Dwelling District; WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 11, 2011, 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 an 89,683 -square foot portion of the North County Club Place and South Country Club Place public street rights-of-way, subject to the provisions below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An 89,683 -square foot portion, out of the Country Club Place Subdivision, being North County Club Place and South Country Club Place public street rights-of- way, located just north of interstate Highway 37 right-of-way, as recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas, and as is shown on Exhibits A, B, and C (the metes and bounds description of the public rights- of -way being abandoned and vacated, a three page drawing depicting public rights- of -way being abandoned and vacated, and a map showing the ownership of the servient estates), is abandoned and vacated, subject to compliance with the conditions specified in Section 2 below. SECTION 2. The abandonment and vacation of the public street rights-of-way in Section 1 is conditioned upon compliance with the following: a. That the Owners' Agent pay the fair market value of $24,665.00, for the total of the property interest released by the City, which is an 89,683 -square foot portion of North County Club Place and South Country Club Place public street Country Club Place ROW Closure Ord 12302010a 028963 INDEXED Page 2 of 3 rights-of-way, out of the Country Club Place Subdivision, acquired by owners through this abandonment and vacation action, under Code of Ordinances §49- 12 (c). The payment must be tendered prior to City Council action. b. All of the abandoned and vacated rights-of-way must be maintained and dedicated as public utility easements. c. Within 180 days of the approval of this ordinance, the owners or the Owners' Agent shall record, at the owners' expense, the grant of the closing of the public street rights of way and retention of the public utility easements in the real property records of Nueces County, Texas, as required by §49-12(a), Code of Ordinances. d. 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 (such as public rights-of-way and easements), must be submitted to the Director of Development Services, as required by §49-12(a), Code of Ordinances. Country Club Place ROW Closure Ord 12302010a Page 3 of 3 That the foregoing oncAnince was read for the first time and passed to its second reading on this the day o , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong That the fo egoing or i ance was read for the second time and passed finally on this the fay of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal /4644,;(. John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the /5day of ATTEST: , 2011. Armando Chapa Joe A ame City Secretary Mayor APPROVED as to form: This 30th day of December, 2011: Carlos Valdez L, City Attorney rtb Ir t, . 15).2011 Cot c.c I wite6k5, Mr. L-11-2.01.1610 exii 4n ,t(osei.rW o 4 -fl 028963 ce s fe d lr►is Vac-. Country Club Place ROW Closure Ord 12302010a North & South Country Club Place Street Closure - #8598 STATE OF TEXAS COUNTY OF NUECES BEING a variable width street right-of-way known as North Country Club Place and South Country Club Place containing 2.06 Acres (89,683 Sq. Ft.) out of Country Club Place, as shown on plat thereof recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas. This 2.06 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at a Found 5/8" Iron Rod on the northwesterly right-of-way of Poth Lane at the easterly corner of Lot 11-A as described in Volume 1395, Page 134 of the Deed Records of Nueces County, Texas and shown on Plat of Country Club Place recorded in Volume 4, Page 3 of the Map Records of Nueces County, Texas; THENCE S29°51'52"W along the northwesterly right-of-way of Poth Lane, a distance of 109.43' to a point on the northerly right-of-way Interstate Highway 37; THENCE N87°34'54"W along the northerly right-of-way of Interstate Highway 37, a distance of 261.11' to the Point of Beginning of this tract; THENCE S89°18'16"W continuing along the northerly right-of-way of Interstate Highway 37, a distance of 60.23' to a Found 518" Iron Rod an the westerly boundary line of Lot 57, said Country Club Place, the beginning of a curve concave to the southwest whose radius point bears N87°49'23"W a distance of 78.48'; THENCE along said curve having central angle of 67°14'35", a radius of 78.48', and a length of 92.11' to a Point on the northerly boundary line of said Lot 57; THENCE N60°26'07"W along Lots 56 and 57, said Country Club Place, a distance of 163.83' to a Point, the beginning of a curve concave to the south whose radius point bears S16°46'11' W a distance of 99.58'; THENCE along said curve having central angle of 73°25'36", a radius of 99.58', and a length of 127.61' to a Point at the northerly corner of Lot 55, said Country Club Place; THENCE S26°22'55' W along said Lot 55, a distance of 100.68' to a Point on the northerly right- of-way line of Interstate Highway 37; THENCE S87°31'09"W along Interstate Highway 37, a distance of 91.59' to a found TxDOT Highway Monument; THENCE N27°26'21 °E along Lots 39, 40, and 41, said Country Club Place, a distance of 160.54' to a found 5/8" Iran Rod, the beginning of a curve concave to the west whose radius point bears N66°41'28"W a distance of 92.58'; Exhibit A THENCE along said curve having central angle of 79°11'18", a radius of 92.58', and a length of 127.95' to a Point on the northerly boundary of said Lot 39, said Country Club Place; THENCE N59°47'10"W along Lots 38 and 39, said Country Club Place, a distance of 163.00' to a Point, the beginning of a curve concave to the south whose radius point bears S20°45'45'W a distance of 98.94'; THENCE along said curve having central angle of 71°03'02", a radius of 98.94', and a length of 122.69' to a Point on the northerly corner of Lot 37, said Country Club Place; THENCE S27°03'36"W along Lot 34 through 37, said Country Club Place, a distance of 312.00' to a Point on the northerly right-of-way line of Interstate Highway 37; THENCE S83°07'36"W along Interstate Highway 37, a distance of 73.10' to a Point on the easterly boundary line of Lot 25, said Country Club Place; THENCE N26°55'52"E along Lots 22 through 25, said Country Club Place, a distance of 342.86' to a Found 5/8" Iron Rod, the beginning of a curve concave to the south whose radius point bears S60°20'59"E a distance of 149.46'; THENCE along said curve having central angle of 84°23'48", a radius of 149.46', and a length of 220.15' to a Found 518" Iron Rod at the southwesterly corner of Lot 18B, Country Club Place as recorded in Volume 45, Page 240 of the Map Records of Nueces County, Texas; THENCE S59°58'47"E along Lots 12 through 18B, said Country Club Place, a distance of 585.56' to a Point, the beginning of a curve concave to the west whose radius point bears S30°29'46"W a distance of 139.81'; THENCE along said curve having central angle of 57°56'20", a radius of 139.81', and a length of 141.38' to the POINT AND PLACE OF BEGINNING and containing 2.06 Acres (89,683 Sq. Ft.) of land. Bearings are based on State Plane Grid Coordinates, Texas South Zone, NAD83 as per the City of Corpus Christi Monument "SN 160". 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 a land survey made on the ground under my direction. This the 30T" day of November, 2010 LcAAA{,�lj Russell D. Ochs State of Texas License No. 5,241 Exhibit B • R° � 1,1 co # co \ CO ( \ § k k § co co ) ( CO erg § (0 § tn § 101 § LT, 0 CO (0 0 G k 0 0 Scale In Feet dry Filo:C:\PROVECTS\COUNTRY CLUB PL4CE\DWG\SHEET 2 -DWG Ci ity J0 2,..0 2 m 0 z J J N n n L N NL{ I1.0y W W NVl rn r 0 M '4) g `coh t m n CO OD a g r smW n N N ti 1/1 U u U 0 a 0 0 0 0 0 Scale In Feet SHEET 3 OF 3 69 <74 N J ("y Z w U Z Ulwi 9g V N .n N w0 CAU. S .947 O 0B�ffJ o� ocaoJ_w zzzQaaw Z awce§ <zr ti▪ ��n 0 0a • spOzsKoz-i© S:34141 400, Via; OWNER: CRY OF CORPUS CHRISTI I File:C: jPROJECTS‘CQUNTRY CLUB PfACE\DWC\SHEET J DWc • " u Lk 2U a' V V f21�o • 'z r1:0 o ai 0 uzc� .404 vs 2 .10.73 ta 4 � �`u"zoz my Citgo Refining and Chemicals Markwest Javelina Co. Flint Hills Resources Magellan Terminal Holdings Exhibit C INTERSTATE 37 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CC j` Ad # 5957642 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, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of, NOTICE OF PUBLIC HEARING An application which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/27/2010, 12/27/2010. $ 144.22 1Time(s) EGAL SALES F' EPRESENTIVE On this S day of 'a r12 , 26 //I certify that the attached document is a true and an exact copy made by publisher. MOILS AVM CABRERA MY COMMISSION , X012E® IR Notary Public, Sta r1 of Texas aog.Pus CMSI t C,ALLe s 1a G rAge 71 ZD LC it O c k.... , 2 0 1 1 U 1 5 d 9 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. 028963 passed and approved by Corpus Christi City Council on February 15, 2011 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 18th day of February, 2011 . Armando Chapa , City Secretary Corpus Christi, Texas (S.E A !s)...: . . . . , ' - . . Doct 201 1.01.5794 t Pages 11 05/10/2011 9:39AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $55.00 Any nrovision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Racer Color, Religion, Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NHECES I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borrero . fl