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Home My WebLink About029349 ORD - 01/17/2012Ordinance abandoning and vacating a 658 -square foot portion (0.015 ac.) of a 5 -foot wide utility easement out of Alameda Estates, Block 2, Lot 3, 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 658 -square foot portion (0.015 ac.) of a 5 -foot wide utility easement out of Alameda Estates, Block 2, Lot 3, 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 658 -square foot portion (0.015 ac.) of a 5 -foot wide utility easement out of Alameda Estates, Block 2, Lot 3, 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 658 -square foot portion (0.015 ac.) of a 5 -foot wide utility easement out of Alameda Estates, Block 2, Lot 3, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 7, Page 41 of the Map Records of Nueces County, Texas, and more particularly described 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. 029349 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:1LegalISHAREDILEGAL-DEV.SVCS12011 AgendalAlameda Estates, Block 2\12-13-11 Ordinance (A) Alameda Center, Block 2, Lot 3, re, 658 -sq ft portion, Abandon&Vacate, DWB FINAL.doc That the foregoing ordinance was reading on this the oil", day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kcvin Kie3chnick Priscilla Leal That the foregoing ordi the h1 - day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. .Kevin KiAschnir:k Priscilla Leal Page3of3 ad for the first time and passed to its second , 2012, by the following vote: nce was read for the , 2012, David Loeb John E. Marez Nelda Martinez Mark Scott second time and passed finally on this by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the Tday of ATTEST: oae- 2012. Armando Chapa Joe Adime City Secretary APPROVED as to form only B Mayor t jf4 /V , 2011 orah Walther Brown ssistant City Attorney ='''ty Attorney Corpus Christi, Texas K:ILegaI\SHAREDILEGAL-DEV.SVCS12011 AgendalAlameda Estates, Block 2112-13-11 Ordinance (A) Alameda Center, Block 2, Lot 3, re, 658 -sq ft portion, Abandon&Vacate, DWB FINAL.doc 029349 c-. ve- Exhibit A Site Map k • 4 'Vto e/ 4-7 treia tog ar.7 „,„ b e, 0 Ar 7.1 Windsor POrk< ` I 0c 01 eV v4.0 0 130 BU;rjt+PartnerS 6HOi':at,EERiHG 30L011QH 1022 basil 8a*& 8u[te 10U CIA 4neo-mo, T4 taw 11 islogwouoo 70:0-10520,05o 16P8 8o81etrltiap 1t�e1 Y-1048, 8ciitOiitam-9L I* 047'0014 X i HEB-CORPUS CHRISTI #6 CORPUS CHRISTI, TEXAS LOCATION MAP AU 201 DRAWN BY JAR SCAL :NTS I N9.R010186950017 0.015 ACRES (658 Sq. Ft.) 50001-514EXH2.dwg Bury±Partners ENGINEERING SOLUTIONS FIELD NOTES FN NO. 50001-514-1 AUGUST 01, 2011 JOB NO. 50001-514.92 FOR A 0.015 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.015 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, WITH ALL BEARINGS BEING REFERENCED TO THE NORTHERLY LINE OF LOT 1, ALAMEDA CENTER UNIT 3, AS RECORDED IN VOLUME 49, PAGE 157 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, 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, ALAMEDA ESTATES, AS DESCRIBED IN VOLUME 23, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; 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, ALAMEDA ESTATES, AS DESCRIBED IN VOLUME 23, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXA; THENCE, S 61° 58' 20" E, CONTINUING ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 467.48 FEET, TO A INCH IRON ROD SET WITH BPI CAP FOR THE EASTERLY CORNER OF SAID LOT 3; THENCE, S 28° 01' 40" W, LEAVING THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, A DISTANCE OF 140.00 E'EET, TO THE POINT OF BEGINNING; THENCE, S 28° 01' 40" W, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, BLOCK 2, A DISTANCE OF 5.00 FEET, TO A SET ' INCH IRON ROD WITH BPI ON THE NORTHERLY TINE OF LOT E, ALAMEDA CENTER UNIT II AS DESCRIBED IN VOLUME 33, PAGE 85, OF THE MAP RECORDS OF NUECES COUNTY, TEXA, FOR THE SOUTHERLY CORNER OF SAID LOT 3, BLOCK 2; Exhibit B Metes and Bounds Description Page 2 of 3 THENCE, N 61° 58' 20" W, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3, BLOCK 2, SAME BEING THE NORTHEASTERLY LINE OF SAID LOT E, A DISTANCE OF 107.28 FEET, TO A SET 'moi INCH IRON ROD WITH BPI CAP, FOR THE MOST NORTH -NORTHEASTERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3; THENCE, N 61° 58' 20" W, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 3, SAME BEING THE NORTHERLY LINE DF SAID LOT 1, ALAMEDA CENTER UNIT 3, A DISTANCE OF 24.38 FEET, TO A SET INCH IRON ROD WITH BPI CAP, MARKING THE MOST WESTERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, N 28° 01' 40" E, CROSSING SAID LOT 3, BLOCK 2, A DISTANCE OF 5.00 FEET, TO A POINT FOR THE NORTHERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, S61° 58' 20" E, .CROSSING SAID LOT 3, BLOCK 2, A DISTANCE OF 131.66 FEET TO THE POINT OF BEGINNING AND CONTAINING 1) , .' .`Iik S F'(658'-: - Q AT , } : ,OF LAND, MORE OR LESS. T, am, B. LANE III, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. q!/ HAL B. LANE III, R..P.L.S DATE TEXAS. REGISTRATION NUMBER 4690 BURY & PARTNERS ENGINEERS & SURVEYORS 922 ISOM ROAD, SUITE #100 SAN ANTONIO, TEXAS 78216 ct9 01 5•a•ra '.r fNvr HAL B LANE IIE SHEET 3 OF 3 FOUND •X" ON CONCRETE P.O.C. 76> Se. s 2 FOUND 5/BiRDN ROD 78 4 ALAMEDA ESTATES VOL23, PG.52 o, 0 20 40 60. 80 1 "= 40' 16> is r �a'Qy7s °C g1 14's 1, LOT E ALAMEDA CENTER UNIT ll VOL_:33, PG.85 Q.1a 0 ),43 43 Exhibit C Map of Metes and °- Bounds Description riU J N. o PC ,,IT 0 0 17 S ry'b 4 tO N 0 O' LEGEND 0 5/8' IRON ROD FOUND 1/2" IRON ROD SET IRON PIPE FOUND "X" FOUND 113 B +Partners ENGINEERING, sol.dTItNS ME Isom Road. Siito /OD San Aelaaio, T 7d21d Td. fziOZ,-grin Fax;zlnys25-est bury+Ferbam-Si, Iac_19CepyrIclil, 2064. SKETCH TO Acc .PANY MESCRIPTION OF FOR A O OIS. ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY; TEXAS AND BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATE, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NiIECES•COUNTY. TEXAS.. HER GROCERY COMPANY LP. CORPUS CHR!STI #6 DATE: 08/0)111 DRAWN 8Y: MAV FILE H: \50001\514\50001--514EXH2.DWGFN Na 50001-514-1 PROJECT No. -5DD01-514.92 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. 029349 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 (SEAL) Doct 2012003939 % Pages 9 02/02/2012 2:37Pri Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK. Fees $47.i li i Any provision herein which restricts the Sale, 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/S9 STATE OF TEXAS COUNTY OF NUECES 3: hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Parrer'.. }IP `da` Irk Ai t i'-sm: s' of Corpus Gnristi De ra )pment Services/ Special Services 2406 Leopard, Suite 4.00 Corpus Christi, TX 78408