Loading...
HomeMy WebLinkAbout029351 ORD - 01/17/2012Ordinance abandoning and vacating a 1,699 -square foot portion (0.039 ac.) of a 5 -foot wide utility easement out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, 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 1,699 -square foot portion (0.039 ac.) of a 5 -foot wide utility easement, out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, 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 1,699 -square foot portion (0.039 ac.) of a 5 -foot wide utility easement out, of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, 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 1,699 -square foot portion (0.039 ac.) of a 5 -foot wide utility easement, out of Alameda Estates, Block 2, Lots 7A, 7C, 7D and 7E, located south of Robert Drive, and west of Delano Drive, as recorded in Volume 22, Page 52 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. 029351 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 Estates, Block 2112-13-11 Ordinance (C) Alameda Center, Block 2, Lot 3, re, 1,699 -sq ft portion, Abandon&Vacate, DWB FINAL.doc Page 3 of 3 That the foregoing ordinance was ad for the first time and passed to its second , 2012, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott reading on this the 11)4' day of Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the 1 -'' day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. David Loeb John E. Marez04-61/ Nelda Martinez Q Mark Scott Priscilla Leal, PASSED AND APPROVED, this the jib day of ATTEST: Armando Chapa City Secretary APPROVED as to form only: , 2012. Joe Adatte borah Walther Brow ssistant City Attorney f• City Attorney Corpus Christi, Texas , 2011 K:ILegaI SHAREDIt.EGAL-DEV.SVCS12011 AgendalAlameda Estates, Block 2\12-13-11 Ordinance (C) Alameda Center, Block 2, Lot 3, re, 1,699 -sq ft portion, Abandon&Vacate, DWB FINAL.doc 029351 . 1 63,1 a ttC- Catpiel `aft IA Bury -I -Partners iNOINE !INo iOLUT ONm 932 Lgn 8se8. El* 1G Mia 7; tiaafa 'Ta (a pj &-side; Yiii ($1O -GSA 'Lny Rgyfeie uou Nip* 8-11118 8e i -Bi. tam don znl AUG 2011 154 44, 1-4 cAr itt°' datttnaitt Exhibit A Site Map too l SITE 1 4 Windsor Park HEB-CORPUS CHRISTI #6 q Sea!ide Met offooktote. CORPUS CHRISTI, TEXAS DRAWN BY: JAR LOCATION MAP SCALC;NiS No.R0101809500€7 t) Bury Partners 0.039 ACRES (1,699 Sq. Ft.) 50001-356ex6R.DWG ENGINEERING SOLUTIONS FN N0.50001 -356-2R AUGUST 01, 2011 JOB NO. 50001-356.93 FIELD NOTE DESCRIPTION PORTION OF 5' U.E. TO BE ABANDONED FOR A 0.039 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 7A, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, PAGE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, A PORTION OF LOTS 7C, 7D, AND 7E, BLOCK 2, ALAMEDA ESTATES, A SUBDIVISION OF RECORD IN VOLUME 22, PAGE 52, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; SAID 0.039 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 75 OF SAID ALAMEDA ESTATES; THENCE, S 28° 00' 24" W, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, A DISTANCE OF 140.00 FEET, TO A POINT FOR THE POINT OF BEGINNING, OF HEREIN DESCRIBED TRACT; THENCE, LEAVING THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, INTO AND ACROSS SAID LOT 7A, 7C,7D, AND 7E, THE FOLLOWING COURSES: S 61° 58' 20" E, A DISTANCE OF 339.85 FEET TO A POINT; S 28° 01' 40" W, A DISTANCE OF 5.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3; N 61° 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, ALAMEDA CENTER UNIT 3, A DISTANCE OF 339.85 FEET TO A SET 'e INCH IRON ROD WITH BPI CAP ON THE SOUTHEATERLY RIGHT OF WAY LINE OF ROBERT DRIVE, FOR THE NORTHERLY CORNER OF SAID LOT 1, ALAMEDA CENTER UNIT 3: THENCE, N 28° 00' 24" E, ALONG THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT DRIVE, A DISTANCE OF 5.00 FEET TO THE POINT OF Page 1. of 2 Exhibit B Metes and Bounds Description BEGINNING, CONTAINING AN AREA OF 0.039 ACRES 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 210/525-9090 Page 2 of 2 BHEEr 3 OF 3 4e IQ A. oo iFiN43 + C I` p4`,�r • 4tg CA/ j T 44/49 cb '40 °" Ali 4. 4 -Sr 40/''QTF 14 0 50 100 150 200 1"=100' L`GEHO • 1/2'IRON ROD FOUND (UNLESS NOTED) O 1/2. IRON R00 SET PORTION OF 5' U. TO BE ABANDONED . 0.039 ACRES (1,699 SG. FT.) 41(9 tp F 10' U.E. ABANDONED BY CITY ORD. NO. Q<�1,14 e0q � 8084 4 pcR 's?.. q r OF G¢7r`•S B0O�Ty 10' U.E. VOL. 49, PG. 157 / / Exhibit C Map of Metes and Bounds Description / 444 1rpDq 19�h,COTTE F C. pCi1/45)4/ 4tr, Bury+Partners 1N01NEE1INO $01 1.1T1014 Oti loan Road. Rnite 100 Sac Claris, 11 70210 1d (210)005-4000 raga 1210)e3 -o120 &IlpPaltalna-S1 1o=eCapplett 2000 SKETCH TO ACCOMPANY DESCRIPTION OF OF A 0.039 ACRE TRACT OF LAND SIUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, 9ENG A PORTION OF LOT 7A, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 23, PAGE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, A PORTION OF L015 7C, 70, AND 7E, BLOCK 2, ALAMEDA ESTATES, A SUQDINSION OF RECORD IN VOLUME 22, PAGE 52 OF THE MAP RECORDS OF NUECES COUNTY. TEXAS HEB GROCERY COMPANY LP. CORPUS CHRISTI *6 DATE: 08/01/11 DRAWN 8Y: MAV H;\50001\358\50001-35fiex8R_OWG IFN NO. 50001-356-2R !PROJECT No. -50001-356 Dci__ 012003941 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. 029351 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 2011 2n0394 . i Panes 9 02/02/2012 2:37PM 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, 3/12/39. STATE OF TEXAS COUNTY OF NUECES I hereb3 certify that this instrument was FILED in file number sequence on the date and at the time stamped herein bs mer and was duly RECORDED in the Official Public Records of Nueces Counts, Texas Diana T. LParretui • it,. , A 64001.00.6.)F` m: • y of Corpus %nnsti ©e/2[)pment Services/ CI Special Services 2406 Leopard, Suite T0 Corpus Christi, TX 78408