HomeMy WebLinkAbout029185 ORD - 08/30/2011Page 1 of 3
Ordinance abandoning and vacating a 3,477.04 square -foot portion
of a 10 foot drainage easement, out of Lots 30 and 31, Block 1, River
Canyon Unit 2, located east of the Rolling Ridge Trail public street
right-of-way; requiring the owners, Clayton and Deborah Taylor, to
comply with the specified conditions and declaring an emergency.
Whereas, Clayton and Deborah Taylor (Owners) are requesting the abandonment and
vacation of a 3,477.04 square -foot portion of a 10 foot drainage easement, out of Lots
30 and 31, Block 1, River Canyon Unit 2, located east of the Rolling Ridge Trail public
street right-of-way, to be able to utilize the lots more efficiently. The easement to be
abandoned and vacated is located in an "RS -6" Single -Family 6 District (formerly known
as "R -1B" One -family Dwelling District).
Whereas, with proper notice to the public, a public hearing was held on Tuesday,
August 30, 2011, duringa 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 3,477.04 square -foot portion of a 10 foot
drainage easement, subject to the provisions below; (Exhibit A -Site Map, Exhibits B & C
- Metes and Bounds Description of Drainage Easement & Accompanying Maps).
Now, therefore, be it ordained by the City Council of the City of Corpus Christi,
Texas:
Section 1. That a 3,477.04 square -foot portion of a 10 foot drainage easement, out of
Lots 30 and 31, Block 1, River Canyon Unit 2, located east of the Rolling Ridge Trail
public right-of-way, as recorded in Volume 48, Pages 147-148 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 10 foot drainage easement is
conditioned upon Owner's compliance with the following:
1) Owners have agreed to dedicate a 3,067.31 square -foot portion of a 15 foot
wide utility easement (Exhibits D & E- Metes and Bounds Description of Utility
Easement & Accompanying Maps). Said utility easement dedication must be
made by separate instrument.
2) Before going to City Council for approval of the ordinance abandoning and
vacating the 10 foot drainage easement, Owners will pay the fair market value
of $825.00, which represents the difference in fair market value between the
property being released by the City, the 10 foot drainage easement, and the
property being dedicated by Owners, the 15 foot utility easement.
3) Owners must comply with all specified conditions of the ordinance within 180
days of Council approval.
K:1LegalISHAREDILEGAL-DEV.SVCS12011 Agenda18-30-1 1 \River Canyon Drive Aban. & Vacatel8-18-11 River Canyon
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4) 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 rdinance is passed :rid shall take
effect upon first reading as an emergency this the a day of %�' , ;�� , 2011.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
Joe Adame
Mayor, City of Corpus Christi
APPROVED AS TO FORM: This /e day of ,d , 2011
eborah Walther Br
Assistant City Attorney
For City Attorney
K:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agenda18-30-11\River Canyon Drive Aban. & Vacate18-18-11 River Canyon
Ordinance.FinaIDWB.doc
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Corpus Christi, Texas
50 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,
Council Members
Joe Adie
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
647f-
eLvy
029185
K:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agenda18-30-11 \River Canyon Drive Aban. & Vacate18-18-11 River Canyon
Ordinance.FinalDWB.doc
RI VS
NVQ.N
RIVER CANYON LT30 & 31 BLK 1
EASEMENT CLOSURE
RIVER CANYON UNIT 2
LOT 30&31 BLK 1
Easement
Closure
Easement Closure
Osle. 6101r2O11
Ole: H: 44111M 1RIVER CANYON UNIT 2 LOT 30&31 6LK 1.mxd
Prepared Sy: SRR
Cly of Carpus Chd0l Development SeMces. =S
:.:.::.:: :1. .
4.40CATION MAPI
Exhibit A
LNV, Inc.
801 Navigation Blvd., Suite 2000
Corpus Christi, Texas 78408
Field note description for a 10.0 foot wide Drainage Easement out of Lot 30 & Lot 3I, Block 1, River
Canyon Unit 2, a subdivision of the City of Corpus Christi, Texas recorded in Volume 48, Pages 147-148,
Nueces County, Texas Map Records, said 10.0 that wide Drainage Easement being more particularly
described by metes and bounds as follows:
Beginning at a point, the intersection of the northwest line of a 7.5 foot wide U.E. along the southeast line
of said Lot 30, for the most easterly and beginning comer of the tract herein described, from whence a 5/8
inch iron rod found at the most easterly corner of said Lot 30, with coordinates of Y=17,203, 613.18 and
X= 1,264,494.63, bears South 87°-32'-39" East, a distance of 10.26 feet;
Thence South 45°-30'-47" West, with the northwest line of a 7.5 foot wide U.E., a distance of 2.04 feet to
a point, for a southeast corner of the easement herein described;
Thence North 69°-39'-52" West, (North 68°-55'-47" West, recorded plat), a distance of 178.13 feet to a
point, for an interior comer of the easement herein described;
Thence South 00°-32'-19" East, a distance of 74.24 feet to a point in the northeast fine of a 10.0 foot D.E.
along the southwest line of said Lot 30, Block 1, for a southeast comer of the easement herein described;
Thence North 45°-43'-58" West, with the northeast line of said 10.0 foot D.E. a distance of 14.09 feet to a
point for a southwest comer of the easement herein described;
Thence North 00°-32'-19" West, a distance of 73.47 feet to a point, for an interior corner of the easement
herein described;
Thence North 69°S9 =52" West, a distance of 22.37 feet to a point on the east right of way of Rolling
Ridge Trail, for a comer of the tract herein described;
Thence in a northerly direction with east right of way of Rolling Ridge Trail, and with the arc of a circular
curve to the left, whose Central Angle is 07°-44'-25", whose Radius is 50.00 feet, a distance of 6.75 feet to
a found 5/8" iron rod for the northwest corner of said Lot 30 and the southwest corner of said Lot 31 and a
point ofa reverse curve, and for a corner of the tract herein described;
PAGE 1 OF 2
Exhibit B
Thence in a northerly direction with the east right of way line of Rolling Ridge Trail and the southwest
property line of said Lot 31 and with the arc of a circular curve to the right, whose Central Angle is
06°-32'-07", whose Radius is 59.78 feet, a distance of 6.82 feet to a point on curve and for a corner of the
tract herein described;
Thence South 69°-39'-52" East, a distance of 24.36 feet within said Lot 31 to a point, for an interior
corner of the easement herein described;
Thence North 2P-09'-06" West, a distance of 60.95 feet to a point on the east right of way of Rolling
Ridge Trail and the southwest property line of said Lot31, for a comer of the easement herein described;
Thence North 09° 23'-55" East, with the east right of way of Rolling Ridge Trail and the west property
line of said Lot 31 a distance of 17.20 feet to a point on the east right of way of Rolling Ridge Trail, far a
corner of the easement herein described;
Thence South 26°-09'-06" East, a distance of 78.21 feet to a point within said Lot 31 for an interiorcorner
ofthe tract herein described;
Thence South 69°-39'-52!' East, a distance of 1167.68 feet to a point in the southwest U.E. line of said Lot
31, for a corner of the tract herein described;
Thence South 40°-36'-05" East, with the southwest U.E. Iine of said Lot 31, a distance of 16.78 feet to the
Point of Beginning,
Containing more or less 0.080 acres (3477.04 square feet) of land.
I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV, Inc., hereby certify that the
foregoing field note description was prepared from a survey made en the ground wider my direction and
that this description conforms to the current Texas Surveyors' Association Standards and Specifications for
a Category I -A, Land Title Survey.
14
This the 1Z day of .,ILILy 2011.
•
Horacio Oliveira, R.P.L.S.
State of Texas License No. 1415
PAGE 2 OF 2
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Exhibit C
LNV, Inc.
801 Navigation Blvd., Suite 200
Corpus Christi, Texas 78408
15' UTILITY EASEMENT DEDICATION
Description for a proposed 15 foot utility easement out of Lot 31, Blocks, River Canyon Unit 2, a
subdivision of Nueces County, Texas, recorded in Volume 48, Pages 147-148, Nueces County, Texas Map
Records, said proposed easement being more particularly described by metes and bounds as follows:
Beginning at a point in the southwest line of a 15 foot wide Utility Easement along the northeast property
line of Lot 30, Block 1, River Canyon Unit 2, a subdivision of the City of Corpus Christi, Texas, recorded
in Volume 48, Pages 147-148, Nueces County, Texas Map Records, from whence its most easterly comer
with Coordinates of North=17,203,613.18 and East1,264,494.63, bears South 69°-39'-52" Bast, a
distance of 15.44 feet;
Thence North 69°-39'-52" West, (North 68°-55'-47" West- Plat) a distance of 210.94 feet to a% inch iron
rod found in the east cul-de-sac line of River Ridge Drive and Rolling Ridge Trail, for the southwest corner
of the tract herein described;
Thence in a northerly direction with said east cul-de-sac line of River Ridge Drive, and with the arc of a
circular curve to the right, whose Central Angle is 18°-09'-46", whose Radius is 59.78 feet, a distance of
18.95 feet to a point, for the northwest comer of the tract herein described;
Thence South 69°-39'-52" East, across said Lot 31, a distance of 19519 feet to a point in the southwest 15
foot wide easement line for the northeast corner of the tract herein described;
Thence South 40°-36'-05" East, with said southwest 15 foot wide easement line a distance of 31.00 feet to
the Point of Beginning.
Containing more or less 0.07 (3067.31 SQ. .1 T.) acre of land.
I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV, Inc., hereby certify that the
foregoing field note description was prepared from a survey made on the ground under my direction and
that this description conforms to the current Texas Surveyors' Association Standards and Specifications for
a Category 1-A, Land Title Survey.
This the ,4) day of .0411/flier 2011.
�t• t
Horacio Oliveira, R.P.L.S.
State of Texas License No. 1415
Exhibit D
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Exhibit E