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Home My WebLink About029348 ORD - 01/17/2012Ordinance abandoning and vacating a 469 -square foot portion (0.010 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 469 -square foot portion (0.010 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 an 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 469 -square foot portion (0.010 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 ordainedby the City Council of the City of Corpus Christi, Texas: Section 1. That a 469 -square foot portion (0.010 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-fot 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. K:1LegalISHARED\LEGAL-DEV.SVCS12011 Agenda\Alameda Center, Unit 3 (HEB)112-12-11 Ordinance Alameda Center, Unit 3, re, 469 -sq ft portion, Abandon&Vacate,DWBFinal.doc 029348 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:1Legal\SHAREDILEGAL-DEV.SVCS12011 AgendalAlameda Center, Unit 3 (HEB)112-12-11 ordinance Alameda Center, Unit 3, re, 469 -sq ft portion, Abandon&Vacate,DWBFinal.doc Page 3 of 3 That the foregoing ordinance was r d for the first time and passed to its second reading on this the 1 day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. KeviTrKlentrritEr Priscilla Leal , 2012, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott a),)-4.e.Kr That the foregoing ordinance was read for the second time and passed finally on this the 1-11I' day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal Gulf 0 PASSED AND APPROVED, this the I day of David Loeb John E. Marez Nelda Martinez Mark Scott ATTEST: Armando Chapa City Secretary Quff Joe Adai'fie Mayor APPROVED as to form:2011 By: orah Walther Brown ssistant City Attorney for City Attorney Corpus Christi, Texas 2012. K:1Legal\SHAREDILEGAL-DEV.SVCS12011 Agenda\Alameda Center, Unit 3 (HEB)112-12-11 Ordinance Alameda Center, Unit 3, re, 469 -sq ft portion, Abandon&Vacate,DWBFinal.doc 029348 A•ocs\c' -a0v‘ $ec $5' PS' • $. 4,- r c4„ 47, ), C*6? Exhibit A Site Map ,q%• „o. ifflk 410.P-4). c4,' • e• • Clkie BllrY+P*tller8 iotuiloNs S21 !i& 1.504.10 ko 44* n ION mork49.0; 70.06}625,050 ps44-600itton: ifithbilit4448 1.1404POO*141:**'?*0 HEB-CORPUS CHRISTI #6 CORPUS CHRISTI, TEXAS LOCATION MAP AUG 24i 1 DRAWN BY: JAR SCALE: NTS Na.R010186-950017 p Bury+Partners 0.010 ACRES (469 Sq. Ft.) 50001-356ex9.DWG ENGINEERING SOLUTIONS FN NO.50001-356-4 SEPTEMBER 15, 2011 JOB NO. 50001-356.93 FIELD NOTE DESCRIPTION PORTION OF 10' U.E. TO BE ABANDONED FOR A 0.010 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 0.010 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 140.55 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; THENCE, S 61° 58' 20" E, CONTINUING ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 46.92 FEET TO A POINT FOR THE EASTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, INTO AND ACROSS SAID LOT 1, THE FOLLOWING COURSES: Page 1 of 3 Exhibit B Metes and Bounds Description S 28° 01' 40" W, A DISTANCE OF 10.00 FEET TO A POINT; N 61° 58' 20" W, A DISTANCE OF 46.92 FEET TO A POINT; N 2B° 01 40" E, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF; .Y 010 S .:'OF LAND, MORE OR LESS. X/6"/C7re / HAL B. LANE T I I �� REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4590 BURY -#-PARTNERS, INC. 922 ISOM ROAD, SUITE 100 SAN FN.TONIO., TEXAS 78216 210/5.25-9090 Page 2 at 3 SHEET 3 OF 3 A 0 50- 100 150 200 1"=loo' LEGEND • 1/2" IRON ROO FOUND (UNLESS NOTED) o 1/2' IRON ROD SET 10' U.E. VOL. 49, PG. 157 tsb 9(14, 10' U.E. ABANDONED, BY CITY ORD. NO. 18084 PORTION OF 10' U.E. TO BE ABANDONED E +saSR. .fC1 ?FOCI) LINE TABLE LINE . BEARING. .LEENGTH L5 .1428'41'40'E ' 10.00' L6 56158'20"E•• . 46.92' L7 .528'01'407W 10s00' L8 N61`58'207W 48.92' per t EST pc 2TS/ CO, 44,144,0 Qe4.ST 40 130 PORIi0N SOF 10' U.E. ABANDONED 8Y CITY ORD. NO.026979 / / F' 4a TQC 1 7F 9 . 10' U.E. VOL. 49, PG. 157 / / Exhibit C Map of Metes and Bounds Description ti$ Bury+Parin.ers ENGINEERING aoLUTtoN3 22 Zoom Ra4d. Salte 140 tion 1alnolo,.,7E.78218 701.-(1o)sa5-p0ED ,(21.4)sas41152 HnTl+Puh uh-SI tart. oC6pprlht 2708 SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0.007 ACRE TRACT AND 0.010. ACRE 'TRACT OF LAND SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SONG A. PORTION OF LOT 1, ALAMEDA CENTER UNIT 3, A SUBD1115I0N. OF. RECORD IN VOLUME 49, PAGE. 157 OF 11-1E MAP RECORDS OF NUECES"COUNTY; TEXAS HEB GROCE:RY COMPANY LP. CORPUS CHRIST) #6 DATE:09/1$/11 .DRAM 9Y_ MAV FILE: N: \50001\356\50001-356ex9.DWG EN NO. 50001-350— 4 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. 029348 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 (SEA1) ' . '^ . . . . . ' Doct 21-}1 2 0 0 3 9:3F3 t Pages 9 02/02/2012 2:37P11 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, Religion, Sexy 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 dote and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borreru rl -� � 0��p _i PO .