The URL can be used to link to this page

Home My WebLink About029352 ORD - 01/17/2012Ordinance abandoning and vacating a 2,144 -square foot portion (0.049 ac.) of a 10 -foot wide gas easement out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), 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 2,144 -square foot portion (0.049 ac.) of a 10 -foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), 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 2,144 -square foot portion (0.049 ac.) of a 10 - foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records); (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 2,144 -square foot portion (0.049 ac.) of a 10 -foot wide gas easement, out of Alameda Estates, Block 2, Lots 7E and 7F, and an unplatted tract of land (known as "Lot I" in the Nueces County Appraisal District Records), and west of Delano Drive, as recorded in Volume 22, Page 52; Volume 23, Page 56; and Volume 7, Page 41 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. 029352 INDEXED Page 2 of 3 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 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:ILegalISHAREDILEGAL-DEV.SVCS12411 AgendalAlameda Estates, Block 2112-13-11 Ordinance (D) Alameda Center, Block 2, Lot 3, re, 2,144 -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 reading on this the h^- day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. KUvirrittenMER- Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott a/6-eAkt That the foregoing ordi ance was read for the second time and passed finally on this the (TP- day of , 2012, by the following vote: Joe Adame ait- David Loeb Chris N. Adler Oi-te,►,.* John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Mark Scott Priscilla Leal PASSED AND APPROVED, this the r relay of ATTEST: Armando Chapa City Secretary APPROVED as to form: By: 4,, ►%eborah Walther Brown Assistant City Attorney for` ity Attorney Corpus Christi, Texas acac 2012. Joe Adame Mayor %LCeiv 7 4 f Y , 2011 K:1Legal\SHARED\LEGAL-DEV.SVCS12411 AgendalAlameda Estates, Block 2112-13-11 Ordinance (D) Alameda Center, Block 2, Lot 3, re, 2,144 -sq ft portion, Abandon&Vacate, DWB FINAL.doc 029352 "' 5Z1 Park 811 Po% Exhibit A Site Map 00M -riot it ..tfit7 `nark SITE • 4 Pc cl• Park. 0 1:PBury-FP.artnerS HEB-CORPUS CHRISTI #6 tM07NEfe:IHy sottinoms 472 Lo19 11,44 NO !40 211i 101411Eat IX its t.PiO 1110 v x:{2to -oat WErRgg ration Number P -ma rintr+Piz t -Si. **cormLULL AUG 2033 1 DRAWN BY: JAR CORPUS CHRISTI, TEXAS LOCATION MAP SCALE: NTS No.RD10106050017 0.049 ACRES (2,144 Sq. Ft.) 50001-356ex5.DWG Bury'Partners ENGINEERING SOLUTIONS FIELD NOTE DESCRIPTION 10' GAS EASEMENT TO BE ABANDONED FN NO.50001-356-5R AUGUST 01, 2011 JOB NO. 50001-356.93 FOR A 0.049 ACRE TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS AND BEING A PORTION OF LOT 7E, BLOCK 2, ALAMEDA ESTATES, AS RECORDED IN VOLUME 22, PAGE 52 MAP RECORDS OF NUECES COUNTY, TEXAS, AND A PORTION OF LOT 7F, BLOCK 2 ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 23, PAGE 56, MAP RECORDS OF NUECES COUNTY, TEXAS, AND AN UNPLATTED 65.82' X 145' TRACT (KNOWN AS "LOT I" IN THE NUECES COUNTY APPRAISAL DISTRICT RECORDS) AND REFERRED TO HEREIN AS "LOT IN I" WITHIN AND FURTHER BEING A PORTION OF LOT 3, BLOCK 2, ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT THEREOF IN VOLUME 7, PAGE 41, MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 0.049 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND "X" MARKING THE INTERSECTION OF THE SOUTHEASTERLY RIGHT OF WAY LINE OF ROBERT LANE 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 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, 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 177.47 FEET TO THE POINT OF BEGINNING, OF THE HEREIN DESCRIBED TRACT; Page 1 of 3 Exhibit B Metes and Bounds Description THENCE, LEAVING THE NORTHEASTERLY LINE OF SAID LOT 1, INTO AND ACROSS SAID LOT 7E, 7F, AND LOT I, THE FOLLOWING COURSES: N 28° 01' 40" E, A DISTANCE OF 38.05 FEET TO A POINT; S 61° 58' 20" E, A DISTANCE OF 158.35 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT I; S 28° 01' 40" W, ALONG THE EASTERLY LINE OF SAID LOT I, A DISTANCE OF 38.05 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE, N 61° 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO A POINT; THENCE, LEAVING THE NORTHEASTERLY LINE OF SAID LOT 1, INTO AND ACROSS SAID LOT I, AND LOT 7F, THE FOLLOWING COURSES: N 28° 01' 40" E, A DISTANCE OF 28.05 FEET TO A POINT; N 61° 58' 20" W, A DISTANCE OF 138.35 FEET TO A POINT; S 28° 01' 40" W, A DISTANCE OF 28.05 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 1; THENCE, N 61° 58' 20" W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.049 ACRES OF LAND, MORE OR LESS. HAL B. LANE III REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NUMBER 4690 BURY+PARTN£RS, INC. 922 ISOM ROAD, SUITE 100 SAN ANTONIO, TEXAS 78216 210/525-9090 Page 2 of 3 SHEET 3 OF 3 MINN 0 50 100 150 200 1"=100° 41. _4f)F 4 ssr8�� p1.44,�e e• �J 5' U.E. pRsT VOL. 7/PG. 41 lyj8?0, iooa o, • 1/2. IRON R00 FOUND (UNLESS NOTED) Q 1/2 IRON ROO SET LINE TABLE LINE BEARING r LENGTH LI s28'01'40'V 38.05 L2 Na8.01'40'E 35.05 L3 s25'01'401i 28.05 L4 N3e101'40'E 38.05 10' GAS EASEMENT TO BE ABANDONED -4LA, 0.049 ACRES fd,4 fpr (2,144 SQ. FT.) I/0 l. [��. 10' U.E. 49 y7.f. VOL. 49. /,411)"a PG. 157 / Exhibit C Map of Metes and Bounds Description / .414 • v'lY 111f44 LOT 1"oC a3F4'I -/ AG %511* / Bury+Partners E Na{NEl11Na SOLUTIONS 522 hem Reid. Suit. 155 Sea Wasi0, 1X 74415 Tel. (ais) 5950 Ju (2101625-5520 iee7•5 T -SA. tos.00e771Ejt 2005 DATE: 05/01/11 I DRAWN BY: MAV SKETCH TO ACCOMPANY DESCRIPTION OF A 0.045 ACRE TRACT OF LAND LOCATED IN THE CITY Of CCRPUS CHRISTI. XUEC£S COUNTY, MOS AND 55000 A PORTION OF LOT 7E. DLOOC 2. ALAMEDA ESTATE$ AS RECORDED IN MARE 22. PAGE 52 MAP AECCREA OF NNECES COUNTT. TEXAS. AND A POR11044 OF 7F, MICR 2 ALAMEOA ESTATES, ACCOII0P*G TO RE 11AP OR PLAT THEREOF RECORDED IN VC.UME 23. PACE 55, MAP RECORDS OF NLIECES COINNTY, 11 MS, AND AN UNPLATTED 05.t2' X 145' TRACT (KNONN AS 'LOT r )N THE NIECES COUNTY APPRAISAL OISTRICT RECORDS) .UC REQ TO HEREIN AS 'LOT r WHIN AND FURTER WPC A PORTON OF LOT 2, 9LODC 2. ALAMEDA ESTATES, ACCORDING TO THE MAP OR PLAT 'maw RECORDED 54 VOLUME 7. PACE 4L MAP REC44409 OF NUF/x9 CLIMTY. TFY15 I FILE: H:\50001\356\50001-35$a115R.OWGIFN NQ. 50001-356-5R NEB G ROCE RY COMPANY LP. CORPUS CHRISTI X16 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. 029352 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 J. s (S E A L 1)1' 2 4'74;Frj A'Sr' I 5'1,;„ ,4-:'` . . ' Doct 2012003942 t Pages 9 02/02/2012 2:37PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47.00 Any nrovisioo 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, 3/12/89. 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 me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borrero ) •;ifi' . eNNUtitAt—zr• From; �'nn. C of .�� Corpus � �ou � nt � ^^��..` Services/ Special Services 2406 Suite °�� Leopard, -�"v �� Christi, �� w�0�� x�^o0wm, v^v7K408