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Home My WebLink About029054 ORD - 05/10/2011ORDINANCE ABANDONING AND VACATING A 250 -SQUARE FOOT PORTION OF AN EXISTING UTILITY EASEMENT OUT OF THE AMENDING PLAT FOR SUMMER WIND VILLAGE, PHASE I, BLOCK 7, LOT 46R, LOCATED WEST OF AND ADJACENT TO THE AARON DRIVE PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, EXTREME HOMES OF TEXAS, LLC TO COMPLY WITH THE SPECIFIED CONDITIONS AND DECLARING AN EMERGENCY. WHEREAS, Extreme Hames of Texas, LLC (Owner), is requesting the abandonment and vacation of a 250 -square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase I, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right-of-way, in order to allow for the adjustment of the common lot line and utility easement between Summer Wind Village Phase 1, Block 7, Lots 45R and 46R. The easement to be abandoned and vacated is located in a "R-1 B" One -family Dwelling District. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, May 10, 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 said portion of the access and utility easement, subject to the provisions below. (Exhibit A — Metes and Bounds Description, Exhibit B - Utility Easement Release, Exhibit C — Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 250 -square foot portion of an existing utility easement out of the Amending Plat for Summer Wind Village Phase I, Block 7, Lot 46R, located west of and adjacent to the Aaron Drive public street right-of-way, as recorded in Volume 67, Page 449 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above access and utility easement is conditioned upon Owner's compliance with the following: 1) Since Owner will be dedicating a new utility easement of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinances Section 49-12, the requirement of paying fair market value for the property is waived. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 029054 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda15-10-111SummerWind Abandon and vacate14-28-11 OrdinanceDWBFInal.docx INDEXED 3) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. 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 ordinance is passed and shall take effect upon first reading as an emergency this the /04 -day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor, City of Corpus Christi APPROVED as to FORM this oL day of April, 2011. 411-e-) borah Walther Brow ssistant City Attorne For City Attorney H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda15-10-111SummerWind Abandon and vacate14-28-110rdinanceDWBFInal.docx Corpus Christi, Texas Day of , 2011 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, -ezi"d44,0,11 Joe Acme Mayor Council Members The above ordinance was passed by the following vote: Joe Adame v Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal AU John E. Marez Nelda Martinez Mark Scott ^_ Linda Strong 029054 H:1LEG-D1R\Shared\LEGAL-DEV.SVCS12011 Agenda15-10-111SummerWind Abandon and vacate14-28-110rdinanceDWBFlnal.docx FIELDNOTE DESCRIPTION FOR 250 SQUARE FEET OF LAND THE STATE OF TEXAS § COUNTY OF NUECES § BEING a 250 square feet of land situated in Lot 46R Amending Plat of Summer Wind Village Phase I, Lots 45R & 46R, Block 7, as recorded in Volume 67, Page 449 of the Plat Records ofNueces County, Texas, said 250 square feet being more fully described by metes and bound as follows: COMMENCING at an existing 5/8 inch iron rod in the northwest right-of-way line of Aaron Drive at the most eastern corner of said Lot 45R, THENCE, S. 28° 06' 43" W., a distance of 7.50 feet along the northwest right-of-way line of Aaron Drive, same being the southeast line of the said Lot 46R, THENCE, N. 61° 53' 17" W., a distance of 10.00 feet to the PLACE OF BEGINNING, same being the most eastern corner of the herein described tract; (Bearings based on the said Amended Plat of Lot 45R & 46R, Block 7, Summer Wind Village Phase I.) THENCE, S. 28° 06' 43" W., a distance of 2.50 feet to a point for the most southern corner of the herein described tract; THENCE, N. 61° 53' 17" W., a distance of 100.00 feet to a point in the northwest line of the said Lot 46R, said point being the most western corner of the herein described tract; THENCE, N. 28° 06' 43" E., a distance of 2.50 feet to along the northwest line of said Lot 46R to a point for the most northern corner of the herein described tract; THENCE, S. 61° 53' 17" E., a distance of 100.00 feet along a line 7.50 feet southwest of and parallel to the northwest line of the said Lot 46R to the PLACE OF BEGINNING containing within these metes and bounds 250 square feet of land. I hereby certify that the above feldnote description is based on a survey made on the ground, under my supervision in October 2010 and is true and correct to the best of my knowledge and belief Arriste._ A. C. FRANKSON A.:044sso 2259 .14 �V DATED: ¢ "'Z g--// A.C. FRANKSON� Registered Professional Land Surveyor Texas Registration No. 2239 EXHIBIT A 10159„ PiddNotes_250 Square feet N 28°06'43" E 2.50' SUMMER WINO VILLAGE PHASE I VOL. 67. PG. 368 d 369 MAP RECORDS 44 I W 4 BLOCK 7 0 N, 45R AMENDING PLAT ISUMMER WIND VILLAGE PHASE II L OT5 45R 8 46R, BLOCK 7 VOL. 67. PG. 449 MAP RECORDS S 61°53'17" E 7.5' L 0 AMENDING PLAT SUMMER WIND VILLAGE PHASE I L OTS 95R & 46R. BLOCK 7 VOL. 67. PG. 449 MAP RECORDS it -29`/1 AARON DR. N 61°53'17" W 10.00' S 28°06'43" W 2.50' EXHIBIT B UTILITY EASEMENT RELEASE BEING A 250 SOUARE FOOT OF LAND SI TUATED IN LOT 46R OF THE AMEND ING PLAT OF SURER WIND VILLAGE PHASE 1 . LOTS 45R d 46R. BLOCK 7. NUECES COUNTY. TEXAS.. BALUSEK-FRANKSON ENGINEERS & SURVEYORS F-9183 508 E. C00DWIN-VICTORIA, TEXAS 361/57-9956 Drown By: C.O. I Approved By: A.C.r. Scores r : 40' 1 Job No. 10-189A 1 Doter 03-02-11 O RR 0201 0111111' � asol 1.1 wjM SUMMER WINO VII.LARE P11 O LTS 45R & IBR OK 7 V �R EASEMENT CLOSURE 4 PROPOSED EASEMEMENT CLOSURE 4360 WILLOWICK SCHOOL TRACT Summer Wind Village Ph 1 Lts 45R & 46R Bk 7 Proposed Easement Closure EASEMEN- LOCATIOI Easement Closure EXHIBIT C 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. 029054 passed and approved by Corpus Christi City Council on May 10, 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 13th day of May, 2011 . Ia 44 II Armando Chapa m City Secretary {, rr ^�� Corpus Christi, Texas jf/O/' . .�.�1',"-TJ7 \- , x ( .Mf ff I A tri 7;'''' 'l �i -11"`' _1I�-t jr t \ ,. f IM fb 4th '°,('. • • Docs 201 .1.016 Fi "_i Pages 8 05/13/2011 232PN Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 Any provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Racer 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 sequence on the date and cit the time stamped herein by me? and was duly RECORDED in the Official Public Records of Nueces County? Texas Diana T. Barrera 7. i 9 City Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408