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Home My WebLink About029347 ORD - 01/17/2012Ordinance abandoning and vacating a 342 -square foot portion (0.007 ac.) of a 10 -foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive; requiring the owner, HEB Grocery Company, LP, to comply with the specified conditions. Whereas, Bury + Partners Engineering Solutions, Inc., on behalf of HEB Grocery Company, LP (Owner) is requesting the abandonment and vacation of a 342 square foot portion (0.007 ac.) of a 10 -foot wide utility easement, out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, to accommodate the expansion and development of the existing grocery store and its associated parking facilities. Whereas, with proper notice to the public, a public hearing was held on Tuesday, January 17, 2012, 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 342 -square foot portion (0.007 ac.) of a 10 -foot wide utility easement, out of Alameda Center Unit 3, Lot 1, 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 342 -square foot portion (0.007 ac.) of a 10 -foot wide utility easement out of Alameda Center Unit 3, Lot 1, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 49, Page 157 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) Since the 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 Ordinance Sec. 49-12, the requirement of paying fair market value for the property is waived. 2) The City Water Department is requiring that owner maintain a minimum 15 - foot wide utility easement for a proposed water main. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 029347 INDEXED Page 2 of 3 4) 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 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. Signatures on following page. K\LegalISHARED\LEGAL-DEV.SVCS12011 Agenda\Alameda Center, Unit 3 (HEB)112-12.11 Ordinance Alameda Center, Unit 3, Lt.1, 342 -sq ft portion (0.007), Abandon&Vacate, DWBFinal.doc Page 3 of 3 That the foregoing ordinance was d for the first time and passed to its second reading on this the I day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal _01F_ David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the 41- day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Ketfrritiesulmirk Priscilla Leal 014-6-4 David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the f��` day of ATTEST: Armando Chapa City Secretary APPROVED as to form only: cb-J/e °r 0-4( , 2012. Joe Adan e Mayor k e /5 ,2011 eborah Walther Brow Assistant City Attorney • ' ity Attorney Corpus Christi, Texas A K:1Legal\SHARED\LEGAL-DEV.SVCS12011 AgendaNAlameda Center, Unit 3 (HEB)112-12-11 Ordinance Alameda Center, Unit 3, Lt.1, 342 -sq ft portion (0.007), Abandon&Vacate, DWBFinal.doc 029347 cp -ek IN\ ick sA it, ow - 0 o Exhibit A Site Map s .-"' seasidkVer SITE 1 p Bury+Partii- ers 4140 i4;!llif lt,1$0 932 ban god; inlialgo 4111049* rOtkid. . 14,(21006199.0 7.0:(210)00045.1g 1RM 46,0.04.000. A** ri4001, siorgitogoii. kfi,e4otilfi 204 HEB-CORPUS CHRISTI #6 CORPUS CHRISTI, TEXAS LOCATION MAP MO 2011 DRAWN BY: JAR SCALE: NTS L No.Fia 1 01 86950.017 p Bury+Partners 0.007 ACRES (342 Sq. Ft.) 50001-356ex7.DWG ENGINEERING SOLUTIONS FN NO.50001-356-3 AUGUST 01, 2011 JOB NO. 50001-356.93 FIELD NOTE DESCRIPTION PORTION OF 10' U.E. TO BE ABANDONED FOR A 0.007 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 1, ALAMEDA CENTER UNIT 3, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.007 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, BEING S 61° 58' 20" E: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE AND FURTHER MARKING THE MOST NORTHERLY CORNER OF LOT 7B OF SAID ALAMEDA ESTATES; THENCE, S 61° 58' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 167.62 FEET, TO A FOUND 5/8 INCH IRON ROD MARKING THE MOST NORTHERLY CORNER OF LOT 7C OF SAID ALAMEDA ESTATES; THENCE, S 28° 01' 40" W, ALONG THE COMMON BOUNDARY LINE BETWEEN LOT 7C, LOT 7A AND LOT 7B, ALL OF ALAMEDA ESTATES, A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, MARKING THE MOST WESTERLY CORNER OF SAID LOT 7C; THENCE, S 61° 58' 20" E, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 325.82 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; THENCE, S 61° 58' 20" E, CONTINUING ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1 AND LOT 3 OF SAID ALAMEDA ESTATES, AS RECORDED IN VOLUME 7, PAGE 41 OF THE MAP RECORDS OE' NUECES COUNTY, TEXAS, A DISTANCE OF 34.38 FEET TO A POINT FOR THE MOST NORTHERLY -NORTHEASTERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3; Page 1 of 3 Exhibit B Metes & Bounds THENCE, S 29° 05' 55" W, ALONG THE COMMON BOUNDARY LINE OF SAID LOT 1 AND LOT E, ALAMEDA CENTER UNIT II, AS DESCRIBED IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, A DISTANCE OF 10.00 FEET TO A POINT FOR THE SOUTHERLY CORNER OF HEREIN DESCRIBED 10' U.E. TO BE ABANDON EASEMENT; THENCE, INTO AND ACROSS SAID LOT 1, THE FOLLOWING COURSES: N 61° 58' 20" W, A DISTANCE OF 34.19 FEET TO A POINT; N 28° 01' 40" E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.007 ACRES OF LAND, MORE OR LESS. A-/-;;‘ HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY+PARTNERS, INC. 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-9090 Page 2 of 3 SHEET 3 OF 3 0 ea' ktv /6) i z 's2 4s'6 /se. ▪ SNF �� n'1 )OT .OQoO ,4 ,o,. toy 0 50 100 150 200 LEGEND • 1/2' IRON O 1/2' IRON ti 10' U.E. ABANDONED BY CITY ORD. NO. 18084 10' U.E. VOL. 49, PG. 157 B. ROD FOUND (UNLESS NOTED) ROD SET q( gyp( 4 fS 401. '°c I4.5 t tos. PORTION OF 10' U.E. ABANDONED BY CITY '4(4 4 fQ ORD. NO.028979 1p 4:0• 4/7.4...743 c ,Q l` S1 3 LINE TABLE UNE BEARING LENGTH L Ll 561'58'20"E 34.38 L2 S29.05'55 -W 10,00' L3 N61'58'20"W 34.19' L4 N28.01'40 -E 10,00' 10' U.E. VOL. 49, PG. 157 PORTION OF 10' U.E. TO BE ABANDONED 0.007 ACRES (342 SQ. FT.) / C / qk,4464.149c4 o f � • pC 7,5->141//).• Exhibit C Map of Metes and Bounds Description IBury+Partners EHOINEEtING SOLUTIONS 022 ham (teed, SkdLe 1110 Sas 1ptasb. n 72210 Tel. 1110) 525-0000 rex (210)525-05271 Bmr+Putaca-S1. Isa CCoppritht 2002 SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0.007 ACRE TRACT OF LANA SITUATED iN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING A PORTION OF LOT 1, ALAMEDA CENTER UNIT 3. A SUBDIVISION OF RECORD IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS HEB GROCERY COMPANY LP. CORPUS CHRISTI #6 DATE: 08/01/11 'DRAWN BY: MAV 1 FILE: H:\50001\356\50001--356ex7.0WGIFN NO. 50001-356-3 !PROJECT No. -50001-356 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. 029347 passed and approved by Corpus Christi City Council on January 17, 2012 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 23rd day of January, 2012. Armando Chapa City Secretary Corpus Christi, Texas (SAL) • ' ' , ^ `. .. Doct 2121124:#0739737 t Pages 9 02/02/2012 2:37PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Any nrovision herein which restricts the Sule? Rental or use of the described REAL PROPERTY because of Race, Color, Reliy/on, Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/29. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the dote and at the time stumned herein by mer and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borrero 6:4/1/0.4.A41,011-) Rom.o ^ .y of Corpus 6nrist De miapment Services/ / / Special Services 2406 Leopard, Suite 4. .�~�� Corpus Christi, IX 78408