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Home My WebLink About029055 ORD - 05/10/2011ORDINANCE ABANDONING AND VACATING A 41,173 -SQUARE FOOT PORTION (0.9452 ACRE) OF AN EXISTING 60 -FOOT WIDE ACCESS AND UTILITY EASEMENT OUT OF PORT ADDITION, BLOCK 1, LOT 3, LOCATED NORTH OF THE NORTH PORT AVENUE PUBLIC STREET RIGHT-OF-WAY; REQUIRING THE OWNER, PORT OF CORPUS CHRISTI AUTHORITY, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, the Port of Corpus Christi Authority (Owner), is requesting the abandonment and vacation of a 41,173 -square foot portion (0.9452 acre) of an existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right-of-way, in order to accommodate the future development of Port Addition, Block 1, Lot 3 in its entirety, by the lessee, Durlame LLC. The easement to be abandoned and vacated is located in an 1-3 Heavy Industrial District; and 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 - Metes and Bounds Location Map, Exhibit C — Site Map) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A 41,173 -square foot portion (0.9452 acre) of an existing 60 -foot wide access and utility easement out of Port Addition, Block 1, Lot 3, located north of the North Port Avenue public street right-of-way, as recorded in Volume 63, Pages 88-89 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 the public way which was established by easement for the purpose of access to and from the Stadium Site to Port Avenue, and for the purpose of providing utility services to the Stadium Site, has never been improved nor used for any public street purpose, in accordance with City Code of Ordinances Section 49-12(c)(4), 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. 029055 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 ordinan a is passed and shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: JIEC1 Armando Chapa p City Secretary APPROVED as to FORM this CITY OF CORPUS CHRISTI Joe Arame Mayor, City of Corpus Christi day of April, 2011. borah Walther Brow Assistant City Attorney For City Attorney Corpus Christi, Texas /041'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, iCel Joe Ad e Mayor Council Members The above ordinance was passed by the following vote: AbSlairt. Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda StrongAgiu ateeiA, /440e,frii :r) f 029055 State of Texas County of Names April .20, 2011 Job No. 42271.00.00 Revised April 26, 2011 Field Notes for the closing of 0.9452 acres, entitled a private easement described in Document # 2004007427 and being the same easement described on Plat of24.937 total acmes of land out of Volum 146, Page 435, Volume 146, Page 537, Volume 146, Page 557, Volume 146, Page 570, Volume 148, Page 494 Deed Records of Nueces County, Texas Document #835421 Oficial Public Records and Beach Portion of Corpus Christi Volume A, Page 3 Map Records of Nueces County, Texas and reeled in Volume 63, Page 88-89 Map Records of Nueces County; said easement being more fully described by metes and bounds as follows: ' Beginning ata point on the north boundary of Port Avenue, a public road way, for the southeast corner of Lot 2, Block 1, said Port Addition, same being the southwest comer of said Lot 3 and of this easement (No Monumentation Fond or Set); Thence, North 01°18'12" West, along the east boundary of said Lot 2, same being the west b0undary of said Lot 3, a distance of 686.25 feet to the northwest corner of this easement (No Monumentation Found or Set); Thence, North 88°41'48„ East, along the north boundary of said lot 3, a distance of 60.00 feet to the northeast comer of this easement (No Monumentation Found or Set); Thence, South 01°18'12" East, a distance 0(686.25 flet to the north boundary of said Port Avenue, for the southeast corner of this easement, (No Monumentation Found or Set); Thence, South 88°41'48" West, along the north boundary of said Port Avenue, a distance of 60.00 feet to the Point of Beginning and containing 0.9452 Acres (41,175.000 Squats Feet) of land. Bearings are based on the recorded plat of Port Addition, a map of which is recorded in Volume 63, Pages 88 and 89 of the Map Records of Nueces County, Texas. Unless this Fieldnotes Description, including preamble, seal and signature, appears in its entirety, in its original farm, surveyor assumes no responsibility for its accuracy. S:ISwveying142271100004714 60 fbot wide eesement.doe Page 1 of 1 License No. 4710 (361)854-3101 2725 MANNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE Firm #145 EXHIBIT A LOCATION MAP N.T.S. N88'41143"E NAY 1 Lat Port A Black1 VALe4Pet. 1111-11a R599f,d9 of Nii9ass i'AYfltj1. PrirrIeflighinfrs 40 dum 4 414• W ttogn ncreaNen Port Avenue a err 4 aer EXHIBIT B Map to Accompany F1E1DNG1ES ter the ehnhq of 0.0452 came, ensued o Outdo acsemud du lbsd R Document / 40040117457 and hung the acme oawnmt daubed on Plat of 44.437 kcal aerie of land nut of WW1 141. Pius 435. Mane 145. Pogo 537, Wtumi 145. P+a5a 557. Woe 144, Poen 570. Vo5rae 145, hge 494 Dad Remrde of Nunn Cl ugly. Toms Document #935421 Metal Piuhlb Randa and Bach Paulen at COMICVol Volume A, Page 3 Ream* of Nome Ccv4 TOMB and recorded In Volume 13, Page 'N-55 M Ihee de of Nome 11 URBAN' eirAntliniti ENGINEERING XB : x.00.0 r �.�,H7".114►"as'� DRAWN BY: v_Eh9SerIea_ NA arta RAM fav nomr KAREOR PORT ADD LT 3 MK 1 EASEMENT CLOSURE 2 r DIM no."0 I' pow" A z 1 z 2 3 0 AP CO tit I 400 80 PORT ADDITION LT 3 BLK 1 EASEMENT CLOSURE Easement Closure Ode:01RG11 Pie: EhiSi illoUllrylesem gesure,MeR7knpldemrd RePeled�..'8RB [!tyelCorpus Chdeti Ds Magner] BeMaes316 CNEL 1 a „,,12 ,, 17 /47 �1( n:%;:;._ �LyIK:iAll ��iI��'nn'' '** -r��1'`tI rl��'1�1-1f: T • SUBJECT PROPERTY City of EXHIBIT C 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. 029055 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 . f- rl_N • Armando Chapa City Secretary c�?�\� Corpus Christi, Texas ' . ' ''') il s F ,+ 4' ' �S E A_�) .''�` ' .a . k ' . Dort 201 1 02 1�� Pages 8 06/22/2011 9:30A11 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 Any nrovisinn herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Relis/on, Sex, Hondicon, Familial Stotus, or Notional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. • STATE OF TEXAS COUNTY OF NUECES T hereby certify that this instrument was FILED in file number senoence 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 N c��' ' 6140,404--; el of Corpus mnristi De )13melit Services/ �� v,pw��w.=. Services 2406 Leopard, Suite ',CO K��m� �� xx�� xvo "�w, v^vv=-"=~,