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Home My WebLink About029540 ORD - 06/26/2012Ordinance abandoning and vacating a 318 -square -foot portion of a 7.5 -foot - wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26; and requiring the owners, Raymundo Ramos, Jr., and Rosario G. Ramos, to comply with the specified conditions. Whereas, Raymundo Ramos, Jr., and Rosario G. Ramos (Owners) are requesting the abandonment and vacation of a 318 -square -foot portion of a 7.5 -foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, located on the east side of Wishbone Court and north of Durant Drive, in order to resolve the encroachment of a swimming pool and storage building within the existing 7.5 -foot -wide utility easement located at the rear of the property. Whereas, with proper notice to the public, a public hearing was held on Tuesday, June 26, 2012, a during 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 318 -square -foot portion of a 7.5 -foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, subject to the provisions below; (Exhibit A — Location 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 318 -square -foot portion of a 7.5 -foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26, located on the east side of Wishbone Court and north of Durant Drive, as recorded in Volume 64, Pages 68-69 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions specified in Section 2 below: Section 2. The abandonment and vacation of the above utility easement is conditioned upon Owners' compliance with the following: a. The Owners are required to pay the fair market value of $750.00 for the abandonment and vacation of the 318 -square -foot portion of a 7.5 -foot -wide utility easement out of Wooldridge Creek Unit 12, Block 2, Lot 26. b. Owners are required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. c. Owners are required to maintain the area between the existing swimming pool and storage building and the remaining portion of the 7.5 -foot utility easement and keep said area free of any permanent structures that could prohibit access and maneuverability within the easement for the maintenance, repair, or replacement of any existing public utilities or installation of any future utilities. d. Owners must comply with all the specified conditions of the ordinance within 180 days of Council approval. 029540 INDEXED Page 2 of 2 e. Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owners' 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 Director of Development Services, or his designee. That the�f egoing ordinance � was read for the first time and passed to its second reading on this the 4 ay of �, 2012, by the following votes: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal 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 ( day of L�.��-� , 2012, by the following votes: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott n�^ PASSED AND APPROVED this the O & day of ATTEST: Armando Chapa City Secretary , 2012. Joe bilQame Mayor K:IDevelopmentSvcsISPECIAL SERVICESIWillie Medina\EASEMENT CLOSURES1Wooldridge Creek Unit 121Wooldridge Creek Unit 12.ORD.revACG.doc 02954 PROPOSED EASEMENT CLOSURE LOT 26 BLOCK 2 WOOLDRIDGE CREEK UNIT 12 NUECES COUNTY, TEXAS C STATE OF TEXAS COUNTY OF NUECES Exhibit B Field Notes of 318 sq. ft. out of Lot 26, ,Block 2, Wooldridge Creek Unit 12, Nueces County, Texas, recorded in Volume 64, Pages 68-69, Map Records of Nueces County, Texas. Said 318 sq. ft. being more particularly described as follows: COMMENCING at 5/8" iron rod found for the common corner being the northeast corner of Lot 26, the northwest corner of Lot 33, the southeast corner of Lot 25 and the southwest corner of Lot 34, Wooldridge Creek Unit 2. THENCE North 61°00'00" West, with the north boundary of said Lot 26 and the south boundary of said Lot 25, a distance of 2.2 feet to a point for the POINT of BEGINNING. THENCE South 29°00'00" West, a distance of 60.00 feet to a point on the south boundary said Lot 26 and the north boundary of Lot 27. THENCE North 61'00'00" West, with the south boundary of Lot 26, a distance of 5.3 feet to a point. THENCE North 29°00'00" East, a distance of 60.00 feet to a point on the north boundary said Lot 26 THENCE South 61°00'00" East, with the north boundary of Lot 26 a distance of 5.3 feet to the POINT of BEGINNING of this survey, and containing 318 sq. ft. of land, more or less. Notes: 1.) Bearings are based on the recorded plat. 2.) This legal description does not represent an on the ground survey I, Ronald E. Brister do hereby certify that this survey of the property legally described herein is correct to the best of my knowledge and belief. &. ietiliabt- Ronald E. Brister, RPLS No. 5407 Date: May 25, 2012. Job No. 12484 PROPOSED EASEMENT CLOSURE LOT 26 BLOCK 2 WOOLDRIDGE CREEK UNIT 12 NUECES COUNTY, TEXAS 5.30' a EXHIBIT C S 29000'001'W 60.00' (PLAT) (,Lula) 00 ST T a nOODOoT9 S /////////r/////, PROPOSED EASEMENT CLOSURE LOT 26 BLOCK 2 N 29000'00" E 60.00' (PLAT) 2526 WISHBONE CT 50' RIGHT OF WAY (iv'1d) ,OO'STI M 1OO1OO.19 N 2.20' ' I Doc 2o121124 ,n o4yUS c44, -c) �� CITY OF CORPUS CHRISTI U CERTIFICATION OF PUBLIC RECORD 491. 1852 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. 029540 passed and approved by Corpus Christi City Council on June 26, 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 27th day of June, 2012. Armando Chapa City Secretary Corpus Christi, Texas 7' x te 4, r- City of Corpus Christi Armando Chapa,City Secretary P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 armandoc@cctexas.corn DocT 2012024!S60 tr Pages 7 06/28/2012 3:10PM Official Records of NULO S COUNTY DIANA T. BAF ;:RA COUNTY CLERK Fees $39.00 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 Ni ;1.S I h'- 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 County, Texas Diana T. Barrera gQ(17:J) &NV/tit') From C of Corpus Lnristi (/ De ;et )pment Services/ Special Service 2406 Leopard, Suite -ICJ Clrpus Christi, D( 78408