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Home My WebLink About029350 ORD - 01/17/2012Ordinance abandoning and vacating a 1,450 -square foot portion (0.033 ac.) of a 10 -foot wide aerial electrical 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 1,450 -square foot portion (0.033 ac.) of a 10 -foot wide aerial electrical 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 1,450 -square foot portion (0.033 ac.) of a 10 - foot wide aerial electrical 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 1,450 -square foot portion (0.033 ac.) of a 10 -foot wide aerial electrical 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, is abandoned andvacated, 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. 029350 INDEXED Page 2of3 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 Agenda\Alameda Estates, Block 2112-13-11 Ordinance (B) Alameda Center, Block 2, Lot 3, re, 1,450 -sq ft portion, Abandon&Vacate, DWB FINAL.doc Page 3 of 3 That the foregoing o di ance was reao the first time and passed to its second reading on this the ( day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. In lest Priscilla Leal That the foregoing ordi the nil --day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. KevirriEieschnfck Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott nce was read for the second time and passed finally on this , 2012, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott aty- PASSED AND APPROVED, this the I� day of ATTEST: Armando Chapa City Secretary APPROVED as to form only: By. our , 2012. 'V -4d;/-1/4/9 Joe Am e Mayor , 2011 eborah Walther Brow Assistant City Attorne ity Attorney Corpus Christi, Texas K:1Legal\SHAREDILEGAL-DEV.SVCSI2011 Agenda\Alameda Estates, Block 2112-13-11 Ordinance (B) Alameda Center, Block 2, Lot 3, re, 1,454 -sq ft portion, Abandon&Vacate, DWB FINAL.doc 029350 iry X69\ }4� Po ow\P ltr Exhibit A Site Map zr t. vst xr4)L- IC aie3'fic3iti •1 (C' fits*430(4',. fly Sea.$i4e: mer Bury+Parte er8 ENOJK.eiFeitrm .sor.urtOHa 422 4.0P WA, itoo fG6 46) u, fl 7Rsie T (840 0.0 $0 (0!0]01-0320 RBPQ .tiou, Nip* P+$413nay+r et -p- i94,0cOppiee. ma HEB-CORPUS CHRISTI #6 CORPUS CHRISTI, TEXAS LOCATION MAP AUG 2011 DRAWN BY: JAR SCALE: NTS No.RO1Q1169W017 0.033 ACRES (1, 450Sq. Ft.) 50001-356ex4.DWG Bury+Partners ENGINEERING SOLUTIONS FN NO.50001-356-4R SEPTEMBER 06, 2006 JOB NO. 50001-356.93 FIELD NOTE DESCRIPTION 10' OVERHEAD ELECTRIC EASEMENT TO BE ABANDONED E'OR A 0.033 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF AN UNPLATTED 65.82' X 145' TRACT (KNOWN AS "LOT I" IN THE NUECES COUNTY APPRAISAL DISTRICT RECORDS) AND REFERRED TO HEREIN AS "LOT I" WITHIN AND FURTHER BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.033 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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 73, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, PAGE 52, 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 OF SAID ALAMEDA ESTATES; THENCE, S 61° 58' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 325.82 FEET, TO THE POINT OF BEGINNING, MARKING THE MOST NORTHERLY CORNER OF HEREIN DESCRIBED TRACT; THENCE, S 61° 58' 20" E, ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, A DISTANCE OF 10.00 FEET, TO, A POINT, MARKING THE MOST EASTERLY CORNER OE' HEREIN DESCRIBED TRACT; THENCE, S 28° 01' 40" W, LEAVING THE SOUTHWESTERLY RIGHT OF WAY LINE OF DELANO LANE, ALONG THE SOUTHEASTERLY LINE OF SAID "LOT I", A DISTANCE OF 145.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF LOT 1, ALAMEDA CENTER, UNIT 3, ACCORDING TO THE MAP OR Page 1 of 3 Exhibit B Metes and Bounds Description PLAT THEREOF RECORDED IN VOLUME 49, PAGE 157, MAP RECORDS OF NUECES COUNTY, TEXAS, MARKING THE MOST SOUTHERLY CORNER OF SAID LOT 3; THENCE, N 61° 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 1.0.00 FEET TO A POINT FOR THE WESTERLY CORNER OF HEREIN DESCRIBED TRACT? THENCE, N 28° 01' 40" E, CROSSING SAID "LOT I", A DISTANCE OF 145.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF .0_,S3,3_ AC1 g- OF LAND, MORE OR LESS. HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY -PARTNERS, INC. 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-90.90 SHEET 8 OF 3 50 100 150 200 1"=100' 1/2" IRON ROD FOUND (UNLESS NOTED) O 1/2" IRON ROD SET 10' U.E. ABANDONED BY CITY ORD. NO. 18084 10' OVERHEADS ELECTRIC EASEMENT TO BE ABANDONED I 11J / 1(]' U.E. VOL. 49, PG. 157 / LINE TABLE LINE . BEARING. LENGTH. Li S61 '58'20"E 153.54' L2 S28'01'40"W . 10:00' L3. N61'58'20'W 153.54' L4 N28'01 '40'E . 10.00' Exhibit C Map of Metes and Bounds Description ENGINEERING SOLUT10143 R — Rwd, :Ssllte 100 Snn AnI0610, 'iY 70216- • TeL (MOWS—0000Fax (210)025-0520 Thiry+P..sin03-SA, End eCapg7ight' 2606. DATE: a5/Q1/11 DRAWN BY: AAV SKETCH TO ACCOMPANY DESCRIPTION OF FOR A 0:033 ACRE TRACT 0 LAND LOCA IN lHE CITY OF CORPUS. CHRISTI, 1IUECES COUNTY. TEXAS AND BEING A PORTION OF AN UNFLA'ITED 65.82' X_145' TRACT (MOM4 AS'LOT 1'IN THC WIEDER :COUNTY -APPRAISAL DSTRICT RECORDS) AND REFERRED TO HEREIN AS'LOT -1'.0.1111IN AND FURTHER BEING A PORTION CrLOT 3, BLOCK 2, ALA 1EDA ESTATES A000RD24G TO THE MAP CR PLAT THEREOF RECORDED 1N VOLUME 7, PACE 41, MAA RECORDS OF NUEi2S COUNTY, TAS .. FILE: F{: \500_01\356`54401-35Gesc8.0WG NEB GROCERY COMPANY LP CORPUS CHRIS11 #6 FN NO. 501301=3358-4R PROJECT Nh.-50001-358 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. 029350 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) '-r ' • Daci 211/2003940 t Poses 9 02/02/2012 2:37PMM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK • Fees $47.00 Ana 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/S(L STATE OF TEXAS COUNTY OF NUECES I herebs certifs that this instrument was FILED in file number sequence on the date and at[ _h;_, time stamped herein os me, and was dull RECORDED in the Official Public Records of Nueces Counts, Texas Diana T. Barriilru Alititnot_ JUL--; ':_ems. • Fe m: y of Corpus i,nnsti De lei)pment Services/ Special Services 2406 Leopard, Suite 'TO Carpus Christi, TX 78408