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Home My WebLink About029184 ORD - 08/30/2011Ordinance abandoning and vacating a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive public street right-of-way; requiring the owners, Moises and Melissa Salazar, to comply with the specified conditions and declaring an emergency. Whereas, Moises and Melissa Salazar (Owners) are requesting the abandonment and vacation of a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive public street right-of-way, in order to allow for the future construction and development over said easement. The easement to be abandoned and vacated is located in an "RS -6" Single -Family 6 District (formerly known as "R-1 B" One -family Dwelling District). Whereas, with proper notice to the public, a public hearing was held on Tuesday, August 30, 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 a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, subject to the provisions below; (Exhibit A- Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section .1. That a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive pubic street right-of-way, as recorded in Volume 34, Page 139 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 utility easement is conditioned upon Owner's compliance with the following: 1) Before going to City Council for approval of the ordinance abandoning and vacating the 2,875.53 square -foot portion of a 25 -foot wide utility easement, Owners will pay the fair market value of $1,945.00. 2) As per the request of the City Gas Department, the City will retain the existing 10 foot wide utility easement located on the west portion of Lot 16 which runs across the 25 foot wide utility easement to be abandoned and vacated, as the Gas Department has an existing 10 inch wrapped steel main in the 10 foot wide easement. 0291.84 INDEXED Page 2 of 3 3) Upon approval by City 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 Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances 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 i passed and shall take effect upon first reading as an emergency this the 0 day of �' c , 2011. Attest: Armando Chapa City Secretary City of Corpus Christi: Joe Atame Mayor, City of Corpus Christi Approved as to form: This / day of borah Walther Broin ssistant City Attorney For City Attorney , 2011 K:1Legal\SHARED\LEGAL-DEV.SVCS12011 Agenda18-30-111Hopper Abandon & Vacate18-1 B-11Ordinance Hopper Addition.FinaIDWB.doc Page 3 of 3 Corpus Christi, Texas 3b 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, Council Members Respectfully, Joe A•rme Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 441-9 avy-J avy- 029184 K:\LegaIISHARED\LEGAL-DEV.sVCS12011 Agenda\8-30-11\Hopper Abandon & Vacatel8-18-110rdinance Hopper Addition.FinaIDVVB.doc Tra • TexasGeoTech LAND SURVEYING, INC. .O2ac Exhibit B 1 FIELD NOTES DESCRPTION 22 S t. & Tr B 0. • Being a TOTAL of 0.07 ac. (2,875.53 sq. ft.) divided into Tract A o.02ac. (899.22 sq. ft.) & Tract B o.o5ac., (1976.31 sq. ft.), being Tract A out of Lot 16, and Tract B out of the west 4.4feet of Lot 16, and rest out of Lot 15-A, both Tracts A & B, out of Block 8 of the Hopper Addition Unit 2 - recorded in volume 34, page 139 of the Map Records of Nueces County, Texas and being more fully described by metes and bounds as follows; TRACT A COMMECING at a 5/8inch iron rod found, on the south right of way line of Pope Drive, for the northwest corner of said Lot 16, from which the POINT OF BEGINNING bears 5 61° 45' oo" E, a distance of 18.4 feet, to a point and being the northwest corner of this tract; THENCE 5 61° 45' oo" E, continuing along the south right of way line of said Pope Drive, a distance of 29.21 feet, to a point for the northeast corner of this tract; THENCE 5 59° 23' 20" W, a distance of 64.21 feet to a point of the southeast south corner of this tract; THENCE N 28° 15' oo" E, a distance of 48.35 feet to a point, for a corner of this tract; THENCE N 59° 23' 20" E, a distance of 7.73 feet to the PLACE OF BEGINNING and containing 0.02 acres of land. TRACT B COMMENCING at a 5/8inch iron rod found, for the southwest corner of said Lot 15-A, from which the POINT OF BEGINNING bears N 28° 15' oo" E a distance of 5.0o feet THENCE 5 61° 45' 00" E a distance of 13.92 feet, to a point for the southwest corner of this tract; THENCE N 59° 23' 20" E, at a distance of 98.80 feet pass the west lot line for said Lot 16, in all a distance of 107.30 feet, to a point for the north corner of this tract; THENCE 5 28° 15' oo" W, a distance of 48.35 feet to a point for the southeast corner of this tract; THENCE 5 59°23' zo" W, a distance of 50.81 feet to a point for the south corner of this tract; THENCE N 61°145' oo" W, a distance of 29.21 feet to the PLACE OF BEGINNING and containing 0.05 acres of land. 1, Victor S. Medina, a Registered Professional Land Surveyor, do here by certi351 that to the best of my knowledge, this plat represents actual survey made on the ground under my supervision and substantially complies with the minimum standards for Land Surveying in Texas set forth by the Texas Board of Professional Land Surveying. Bearing and distances are NAD 83, Texas South Zone and are based on grid coordinates. S S ��%#10,41•1\ .I� ,\ a -. \ 2. \ ) a » / 6 U �� .2,,,c,,v. izi± ev §. �� CO .r co k 0 Pi 2 OF THE OU TOFF LOT 15—ACLOSURE 1 6 BLACK 8T OFTHEHOPPER ADDITION UNIT 2 — RECORDED IN VOLUME 34, PAGE 139 OF THE MAP RECORDS OF NUECES COUNTY. TEXAS. DzJa r ss"° 4531 AYERS STREET, SII1TE 225 Corpus Christi, TX 78415 (381) 814-4700 Fax (381) 993-2955 1 Completion Dote: 07/11/11 I Checked by: VSM File Nome: 100621 Surveyed by: JSA & JRC Scale: 1" — 30' Drawn by: RC 7 k)""/ '00° CSee¥w§ •II.. 1... _ ®3a •k .k 2 _ S S ��%#10,41•1\ .I� ,\ a -. \ 2. \ ) _ 2 0 1 1 03T;9% '3:ii 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. 029184 passed and approved by Corpus Christi City Council on August 30, 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 8th day of September, 2011 . i (.__ . Armando Chapa 2.i, City Secretary Corpus Christi, Texas 4Rf 'd • tis �S EA0 __' 'P r f Y.. f, _ i • Y . Doc `?1_1111135958 Ili Pages 8 10/03/2011 1:41PM 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 TEAL 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 sequence on the date and at the time stomped herein by me, and was duly RECORDED in the Official Public Records of .�i Nueces Counts: Texas 'n1 Diana T. Barrera of Corpus %hrisfi ' �e Dee )pment Services/ &Mao—) Special Servicer 2406 Leopard, Suite -:CO Corpus Christi, TX 78408