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Home My WebLink About029353 ORD - 01/17/2012Ordinance abandoning and vacating a 3,397.68 square -foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision; requiring Owner, Vishal Hotel, LP to comply with the specified conditions. Whereas, Bass & Welsh Engineering, on behalf of Owner, Vishal Hotel, LP, is requesting the abandonment and vacation of a 3,397.68 square -foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, located west of the Flynn Parkway public street right-of-way, and south of the South Padre Island Drive public state right-of-way; to accommodate future construction and development. 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 3,397.68 square -foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, subject to the provisions below; (Exhibit A: Site Map; Exhibits B & C: Metes and Bounds Description and Accompanying Map, respectively). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 3,397.68 square -foot portion (0.078 ac.) of an existing utility easement out of Block 2-A, Lot J, Byron Willis Subdivision, located west of the Flynn Parkway public street right-of-way, and south of the South Padre Island Drive public state right-of-way, as recorded in Volume 44, Pages 183-184 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner, Vishal Hotel, LP'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) Before going to City Council for approval of the ordinance abandoning and vacating the 3,397.68 square -foot portion of an existing utility easement, Owners will pay the fair market value of $11,900. 2) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3) Upon approval by City 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, 029353 INDEXED Page 2 of 3 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.SVCS12012 AgendalByron Willis Subdivision112-06-11 Byron Willis, Ordinance Draft, by EM.doc Page 3 of 3 That the foregoing QrdLnance was rea for the first time and passed to its second reading on this the I day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott (xi la 4., alte,„,k That the foregoing ordin ce was read for the second time and passed finally on this the n -n" day of , 2012, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. KerirrKirseCtritck- Priscilla Leal cuie- David Loeb John E. Marez Nelda Martinez Mark Scott 11- PASSED AND APPROVED, this the l �1 day of ATTEST: Armando Chapa City Secretary APPROVED as to form only: Bv: , 2012. e to/2"h- zze, Joe Adame Mayor e41-41.0.?02 eborah Walther Brow Assistant City Attorne e ity Attorney Corpus Christi, Texas , 2011 K:1Legal\SHAREDILEGAL-DEV.SVCS12012 AgendalByron Willis Subdivision112-06-11 Byron Willis, Ordinance Draft, by EM.doc `029353 'SITE' ( EASEMENT CLOSURE) LOT J, BLOCK 2-A, BYRI N WILLIS SUBDIVISION AdRF I4,4440 LOCATION MAP 1"=400' Exhibit A: Site Map BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX REGISTRATION NO. F-52 LOC NAP. DWG PLOT SCALE 1' = 100' JOB NO. 11046 PLOT DATE 07/27/11 SHEET 1 OF 1 MURRAY BASS, JR., P.E,R.PLS. NIXON M. WELSH, P.E.,R.P.LS. www.bass-welsb.00m 3054 S. ALAMEDA, ZIP 78404 Pe. 361 882-5521— FAx 361 882-1265 e-mail: purravi reaol.coro e-mail: w sa . BASS & WELSH ENGINEERING P.O. Box 6397 Corpus Christi, TX 78466-6397 Utility Easement Closure Tract STATE OF TEXAS 1 COUNTY OF NUECBS 0 July 27, 2011 11046-M&B•UEC.doc --Description ofa-0.078 land, more or Tess, a portion of Lot J, Mock 2-A, Byron Wfliis Subdivision, a map of which is recorded in Volume44, Pages 183 and 184, Map Records, Minces County, Texas, said 0.078 acre tract for utility easement closure tract.and as further described by metes and bounds as follows: Starting at the northernmost corner of said Lot J; THENCE S29°00'00"W 285.40' along the northwest boundary line of said Lot J and S61°41'20"B" 15.00' to the POINT OF BEGINNING anti westerly corner of the tract herein described; THENCE S61°41'20"E 117.68' to a point for southerly interior central corner of the tract herein described; THENCE N29°00'00"E 135.40' to a point for northeasterly interior cornor of the tract herein described; THENCE N61°41'20'" 107.68' to a point for a northerly corner of the tract herein described; THENCE N29°00'00"E 10.00' to a point for the northernmost corner of the tract herein described; THENCE S61°41'20"E 117.68' to a point for northeasterly corner of the tract herein described; THENCE S2910'00"W 145.40' to a point for southerly interior comer of the tract herein described; THENCE S61°41'20"E 50.00' to a point for a southeast corner of the tract herein described; THENCE 529°00'00"W 5.00' to a point for the southernmost corner of the tract herein described; THENCE N611'41'20"W 177.68' to a point for the westernmost corner of the tract herein described; THENCE N29°00'00115.00' along a line 15.00' southeast of and parallel to said northwest boundaryline of Lot to the POINT OF BEGINNING, a sketch showing said 0.078 acre tract being attached hereto as Exhibit "B", limn M. Welsh, P.E., R.P.L.S, Exhibit B: Metes and Bounds Description 10 '0POP0 04. f0 - .Sk lso is. Exhibit C: Metes and Bounds Description Accompanying Map 1"—BO' UTILITY EASEMENT CLOSURE TRACT, 0.078 AC. S61° 41' 20" E 50. 00' S29°00' 00"W 5. 00' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB—(—UE JOB NO. 11048 SCALE: 1* - 60' PLOT SCALE: SAME PLOT DATE: 7/27/11 SHEET 1 OF 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. 029353 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. 00 Armando Chapa City Secretary Corpus Christi, Texas (SEAL) _ • Doc 201.21_I1_I..3,3c6 e Pages 8 01/311/2012 2:17PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 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? 3/12/89. STATE OF TEXAS COUNTY OF NUECES I 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 Counts? Texas Diana T. Barrera .,riti-NA ,r Tr4 ._ Al rpus ;nristi De!topment Services/ Special Services 2406 Leopard, Suite CO Corpus Christi, TX 78408