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Home My WebLink About029464 ORD - 04/24/2012Ordinance amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. Whereas, on or about February 10, 2009, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, requested, and the City of Corpus Christi City Council approved, see Ordinance No. 028064, the abandonment and vacation of an undeveloped and unsurfaced dedicated public alley right-of-way, located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and Whereas, the original parties to Ordinance No. 028064, seek amendment to a portion of said ordinance, specifically with regard to the condition noted at SECTION 2.a. by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3 so as to provide a correct metes and bounds description along with a correct map depicting the public alley right-of-way, located between Lots 11 and 12, Block 43, Padre Island No. 2; and by deleting the last sentence of the condition noted at SECTION 2.a. as the provision was not agreed to by the parties. WHEREAS, it has been determined, during a meeting of the City Council, on Tuesday April 24, in the Council Chambers, at City hall, in the City of Corpus Christi, that it is advantageous to the City of Corpus Christi that Exhibit B be replaced with Exhibit B, pages 1 thru 3, and that the last sentence of the condition noted at SECTION 2.a. be deleted. Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Ordinance No. 028064 is amended by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3 so as to provide a correct metes and bounds description along with a correct map depicting the public alley right-of-way, located between Lots 11 and 12, Block 43, Padre Island No. 2; and by deleting the last sentence of the condition noted at SECTION 2.a., as the provision was not agreed to by the parties. See amendments to the condition noted at SECTION 2.a. below: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 Subdivision. (Exhibit B) (Exhibit B, pages 1 thru 3). Said easement will extend the entire length of the common property line, from City street right-of-way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. width, K:1Legal\SHARED\LEGAL-DEV.SVCS12012 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORDIGulleyEaton- Padre-2rdg Abandon and Vacate13-29-12Gulley Eaton Amending A&V ORD.DWB Final3.docx 029464 INDEXED Section 2. Considering the above and forgoing, the condition noted at SECTION 2.a. of Ordinance No. 028064 shall now read as follows: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 Subdivision. (Exhibit B, pages 1 thru 3). Said easement will extend the entire length of the common property line, from City street right-of-way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. Signatures at next page. K:1Legal\SHAREDILEGAL-DEV.SVCS12012 Agenda & NonAgenda\Padre Island No. 2 GulleyEaton AmendORDIGuIIeyEaton- Padre-2rdg Abandon and Vacate13-29-12Gulley Eaton Amending A&V ORD.DWB Fina13.docx That the foregoing reading on this the Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal ordinance was read for the first time and passed to its second btfr` day of Ction,Lk , 2012, by the following vote: David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the Zi -fir- day of ( ,�,� , 2012, by the following vote: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. ay Priscilla Leal PASSED AND APPROVED this the 21 -1 -11N -day of ATTEST' David Loeb John E. Marez Nelda Martinez Mark Scott Armando Chapa City Secretary _4- i / Joe Actame Mayor APPROVED as to form only this the of For Carlos Valdez, City Attorney y 9141 eborah Walther Assistant City Attorney , 2012. , 2012. K:1Legal\SHAREDILEGAL-DEV.SVCS12012 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORDIGuIIeyEalon- Padre-2rdg Abandon and Vacate13-29-12Gulley Eaton Amending A&V ORD.DWB 1Fina13.docx 029464 Padre Island No. 2 Access Easement STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.01 Acres (414 Sq. Ft.} of land out of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on plat thereof recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas. This 0.01 Acre Tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod on the northerly right-of-way line of Villa Maria Isabel, the common corner of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on plat thereof recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas; THENCE N01 °32'30"E along the common boundary line of said Lots 11 and 12 a distance of 28.00' to a Point, being an angle point of this tract; THENCE N45°00'00"W through said Lot 11 a distance of 1.38' to a Point, being an angle point of this tract; THENCE N01 °32'30"E continuing through said Lot 11 a distance of 108.37' to a Point on the southerly boundary line of Nueces County Park No. 2, being the northwest comer of this tract; THENCE N68°46'30"E along said County Park No. 2 a distance of 3.25' to a Point on the northerly boundary line of Lot 12, being the northeast corner of this tract; THENCE 501°32'30'W through said Lot 12 a distance of 109.83' to a Point, being an angle point of this tract; THENCE S45°00'00"E continuing through said Lot 12 a distance of 1.38' to a Point, being an angle point of this tract; THENCE 801°32'301N W continuing through said Lot 12 a distance of 28.05' to a Point, being the southeast comer of this tract, same Point be at the beginning of a non -tangent curve to the left having a Radius of 90.00'; THENCE along said curve having a Radius of 90.00', an Arc Length of 3.00', and a Chord of N87°27'29'W a distance of 3.00' to the POINT AND PLACE OF BEGINNING and containing 0.01 Acres (414 Sq. Ft.) of land. Exhibit B Page 1 Bearings are with reference to the common boundary line of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on the Plat recorded in Volume 13, . Page 28 of the Map Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 10TH day of November, 2011 (IN Oat Russell D. Ochs State of Texas License No. 5,241 o • RUSSELL 0. OCHS (: i, 5241 • sssl .6 Exhibit B Page 2 W 6 8 § 0. oA Lai V 1 1 tZJ CD 0 64,o obca i 5' Co CekLo to CURVE CURVE RADIUS C1 00.00 TALE LENGTH TANGENT 3.00 DELTA 1.50 01'54'37" DETAIL `\ NOT TO SCALE \ NUECES COUNTY PARK 2 PL P.O.B. FND. %" LR. VILLA MARIA ISABEL PL s MD. 56r I.R. C'Ok 0 B' THICK CONC. HDWLL. T&off R' p0NQ 2 Nor 28 cp441 &NP. 0r `O y 11041 N�- 014 To4 8" THICK CONC. HDWLL. V 9NOr SNF NOTES LOT AAIx tpR7E 4,yCAr CCNC D - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE WITH REFERENCE TO THE COMMON BOUNDARY LINE OF LOTS t 1 & 12, BLOCK 43, PADRE ISLAND NO. 2 VOL. 12 PG 28, MAP RECORI53 OF NUECES COUNTY, TI:1fAS. NO/ ..32130 - 137.74') - a DENOTES IRON ROD FOUND 20 0 Scale In Fee! Exhibit B Page 3 ® BEARING'® !RIiI.Ill.:1Ki. ■A!1 xk1 RPM ICTiI AE7ila7/111IfT 7[ f MAIBBIl 1111[Ilk�7 EMI ii -IN IRRABI CURVE CURVE RADIUS C1 00.00 TALE LENGTH TANGENT 3.00 DELTA 1.50 01'54'37" DETAIL `\ NOT TO SCALE \ NUECES COUNTY PARK 2 PL P.O.B. FND. %" LR. VILLA MARIA ISABEL PL s MD. 56r I.R. C'Ok 0 B' THICK CONC. HDWLL. T&off R' p0NQ 2 Nor 28 cp441 &NP. 0r `O y 11041 N�- 014 To4 8" THICK CONC. HDWLL. V 9NOr SNF NOTES LOT AAIx tpR7E 4,yCAr CCNC D - MAP TO ACCOMPANY FIELD NOTES - BEARINGS ARE WITH REFERENCE TO THE COMMON BOUNDARY LINE OF LOTS t 1 & 12, BLOCK 43, PADRE ISLAND NO. 2 VOL. 12 PG 28, MAP RECORI53 OF NUECES COUNTY, TI:1fAS. NO/ ..32130 - 137.74') - a DENOTES IRON ROD FOUND 20 0 Scale In Fee! Exhibit B Page 3