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Home My WebLink About029221 ORD - 09/27/2011Ordinance abandoning and vacating a portion of a 20 foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, said public right of way, located between the Yorktown Boulevard public right of way and Oso Creek, and south of the Schanen Ditch drainage right of way; subject to compliance with the specified conditions. WHEREAS, owner, George Mostaghasi, is requesting the abandonment and vacation of a 7,143.84 -square foot portion (0.164 Acre) of a 20 foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony Lands, located between the Yorktown Boulevard public right of way and Oso Creek, and south of the Schanen Ditch drainage right of way, in order to accommodate the development of River Lake Unit 2 subdivision. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, September 27, 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 right of way, subject to the provisions below. (Exhibit A -Road Closure Tract Metes and Bounds Description, Exhibit B -Map Accompanying Metes and Bounds Description, Exhibit C- Location Map, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 7,143.84 -square foot portion (0.164 Acre) of a 20 foot wide undeveloped, dedicated public right-of-way, out of Lot 7, Section 19, Bohemian Colony ' Lands, as recorded in Volume A, page 48 of the Map Records of Nueces County, Texas, located between the Yorktown Boulevard public right of way and Oso Creek, and south of the Schanen Ditch drainage right of way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above right of way is conditioned upon compliance with the following: A) In accordance with City of Corpus Christi, Code of Ordinances §49-12 payment of the fair market value is waived in this matter, as no payment is required for the fair 029221 INDEXED Page 2 of 3 market value of any public street or other public way which is unimproved and not used for any public street purpose, as in this case. B) Within 180 days of approval by the City Council and issuance of the ordinance all grants of establishment or closing of public streets, alleys, or other public ways, must: 1.) Be recorded, at owner's expense, in the real property records of Nueces County, the county in which the property is located; and 2.) 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 must be submitted to the Director of Development Services. Signatures on following page. K:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agenda19-13-111Ranch Lake Unit 2\8-31-110RD. to aban & vacate ROW.DWB Final.docx Page 3 of 3 That the foregoing ordinance was read or the firsyt time and passed to its second reading on this the o7 day of , 2011, by the following vote: David Loeb Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott That the ordinance was read for the second time and passed finally on this the ay of , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of S.1.74447/.7e,z,, 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: August 31, 2011 By. mow•` eborah Walther Br Assistant City Attorney or City Attorney Corpus Christi, Texas Joe A,Came Mayor o 0'9 0 1 iN (_. t. K:1Legal\SHAREDILEGAL-DEV.SVGS12011 Agenda19-13-11\Ranch Lake Unit 218-31-1IORD. to aban & vacate ROW.DWB Final.docx MURRAY BASS, JR., P.E.,R.P.LS. NIXON M. WELSH, P.E.,R.P.1..S. www.bass-welsh.com e-mail: nixmw0aol.com BASS & WELSH ENGINEERING TX Registration No. F-52 P.O. Box 6397 Corpus Christi, TX 78466-6397 Road Closure Tract STATE OF TEXAS § COUNTY OF NUECES § 3054 S. ALAMEDA, ZIr 78404 361 882-5521-- Fax 361 882-1265 e-mail: murrayjraaol.aom June 6, 2011 10039-M&B-StrCio.doc Description of a 0.164 acre tract of land, more or less, a portion of a 54.02 acre tract of land described by deed, Document No. 978624, Official Public Records, Nueces County, Texas and being a portion of Lot 7, Section 19, Bohemian Colony Lands, a map of which is recorded in Volume "A", Page 48, Map Records of said county, and being a portion a 40' Public road, as shown by said map of Bohemian Colony Lands, said 0.164 acre tract for road closure as further described by metes and bounds as follows: Starting a the northernmost corner of King's Lake Subdivision, a map of which is recorded in Volume 65, Pages 197 and 198, said map records, thence N16°14'08"W 691.62' to the point of curvature of a circular curve to the right having a central angle of 13°23'25", a radius of 1060.00' and a chord bearing N9°32'25"W a distance of 247.16'; THENCE along the arc of said circular curve to the right a distance of 247.73' to the POINT OF BEGINNING and northeast or easternmost north corner of the tract herein described; THENCE S29°14'34"W 353.69' along a line 20.00' southeast of and parallel to the common southeast boundary line of Lot 1, Section 18, said Bohemian Colony Lands and the northwest boundary line of said Lot 7, Section 19, Bohemian Colony Lands, to a point for the southernmost comer of the tract herein described and being in the east gradient boundary line of Oso Creek as approved by the Texas General Land Office pursuant to letter Dated August 26,1983 as described in said deed, Document No. 978624; THENCE N10°04'52"W 31.56' along said east gradient boundary line of Oso Creek to a point for the southwest corner of the tract herein described; THENCE N29°14'34"E along said common southeast boundary line of Lot 1, Section 18, Bohemian Colony Lands and the northwest boundary line of Lot 7, Section 19, Bohemian Colony Lands, being the northwest boundary line of said 54.02 acre tract, a distance of 361.81' to a point in the west right-of-way line of Yorktown Boulevard for northernmost corner of the tract herein described; EXHIBIT "A" Page 1 of 2 Metes and Bounds Description, June 6, 2011, Continued; THENCE S2°15'14"E 27.25' along said west right-of-way of Yorktown Boulevard to the point of curvature of a circular curve to the left having a central angle of 0°35'29", a radius of 1060.00' and a chord bearing S2°32'58"E a distance of 10.94'; THENCE along the arc of said circular curve to the left a distance of 10.94' to the POINT OF BEGINNING, a sketch showing said 0.164 acre tract being attached hereto as Exhibit "B". ixon M. Welsh, P.E., R.P.L.S. EXHIBIT "A" Page 2 of 2 V F.:0- rnrQ ." as a Cia d 4z a. C`f' MN , z ' y 0,-,v \t? rn1. . ru 0 Qi - 1. - \ toy>•P'T 20' WIDE STRIP ` ,o? �p��,' is. \CIP.)04, qoFOR STREET tit pyor9AGAq�1 ci CLOSURE, 0. 164 AC. Weq 94\ y C soi-4 a c pdj+ c •."95,,, 4- 4- \ Ad ' - tis 0 d7 \I 7°1--- 0 o�Fyc�y� , 15o �r 4,6:516.4 o,o its-, rF O, c90 1 S2" 15' 14- E 27. 25' 1=0' 35' 29' R=1060. 00' T=5. 47' \ L=10. 94' CB=S2' 32' 58'E \H=10. 94' I=13.23' 25' R=1060, 00' T=124. 43' L=247. 73' CB=N9' 32' 25' u CH=247, 16' BASS AND WELSH ENGINEERING, CORPUS CHRISTI, TX REGISTRATION NO. F-52 EXB-STR CLOSURE. DWG PLOT SCALE 1' = 100' JOB NEL 10039 PLOT DATE 06/06/11 SHEET 1 OF 1 EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTI❑N 5 BLK 1, KING' S LAKE V. 65, P. 197 & 198, M. R. a DRENTRIDGE DR. PONTCHARTRAj YORKTOWN BLVD. °SD CRE -EK �JHG, .044 e�°O� citz. SJR "SITE' (STREET CLOSURE) LOCATION MAP 1- = 400' EXHIBIT "C" BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX REGISTRATION N. F-52 LOC MAP. DWG PLOT SCALE 1' = 100' JOB NO. 10039 PLOT DATE 06/06/11 SHEET 1 OF 1 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF -CORPUS CHRISTI Ad # '5977640 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, I.leberg, 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 9119/2011. 9/19./2011. $ 158.77 ITime(s) LEGAL SALES REPRESENTIVE On this r day of _i _�I . ( , 2 011 I certify that the attached document is a true and an exact copy made by publisher. MICHELLE JOYCE CABRERA NiYMWChIC�g 19, dig Notary Public, ate of was CALLER -TIMES a September 19,2O11 (c 3E NOTICE.OF PUBLIC IaIEAAING`': An ap-licatlon has beers led withAhe Corpus `Christi City Council .to consider :the abandoningg a- cating of therfollowing public right-of-way:. a 20 -ft.: wide undevel- oped, dedicated / ;'public right-of-way, out of Lot '7, Section 19, Bohemian Colony Lands,; said•public right of way located between the York ttlwn Boulevard public right of -way i£ Oso Creek, 'Si,'south of the 'Schanen Ditch' drainsga right=cif- way, subject tocom- pllance' with the 'specified conditions:.: The public hearing on said applications) willbe.::hheld by'the 'City `Council: the Council.Charnbere of :COY Hall; 1201 Leop ard; in the. City: of Corpus Christi, Texas. on Tuesday Septem- ber 2i.; :2011 a'Iter 12;00 p.m during'lhe a regularCouncil meet- ing; at which time.& `place all persons :& parties and/or their agents may appear & be heard by the, said City Council IIs! Armando Chapa 'CRY Secretary: C` ! ti' di6.13S C CITY OF CORPUS CHRISTI ; . CERTIFICATION OF PUBLIC RECORD U OR I'OP 4f� 1852 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. 029221 passed and approved by Corpus Christi City Council on September 27, 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 3rd day of October, 2011. f _ Armando Chapa ti " City Secretary •-;;.-:<4.44".;-"4 -‘,:`,,NCorpus Christi, Texas tit ' gy?,, E rid .r44 . ! Y t t 4 � 0c C.� lY'1 �` JK [." . City of Corpus Christi Armando Chapa, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 armandocJi cctexas.com ' . Docl, 2 0 1 2 0 0 4 6 6 fi Poses 9 02/08/2012 2:39PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Any nrovision herein which restricts the Sole? Rental or use of the described REAL 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 stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borreru ) �� "�t' . r ��` l -01 � `��o� C y of �Q�� un^^," De )pment«%p 'oJ w *u.o Services ,,~~~ 2406 Leopard, Suite