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HomeMy WebLinkAbout029661 ORD - 10/23/2012Ordinance abandoning and vacating a 14 -foot wide portion of a 38 - foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates; and requiring the owner, Airline and Ocean Investments, L.P., to comply with the specified conditions. WHEREAS, Urban Engineering, acting as agent on behalf of Airline and Ocean Investments, L.P. ("Owner), is requesting the abandonment and vacation of a 14 -foot wide portion of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates, located west of Airline Road andsouth of Ocean Drive, to accommodate the future development of the subject properties; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, October 16, 2012, during a meeting of the City Council, 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 14 -foot wide portion of a 38 -foot wide utility easement on the affected properties, subject to the provisions in this ordinance included below. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Pursuant to the request of Urban Engineering, acting as agent on behalf of Airline and Ocean Investments, L.P. "Owner"), a 14 -foot wide portion, containing 5,644.434 square feet, of a 38 -foot wide utility easement out of Lots 1 and 2, Ocean Village Estates Unit 1, and Lot 3, Block 1, Ocean Village Estates, located west of Airrine Road and south of Ocean Drive, as recorded in Volume 12, Page 57 and Volume 48, Pages 124-125, respectively, of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a site map and field notes map, and Exhibit "B," which is a metes and bounds description, are attached to and incorporated in this ordinance by reference as if each were set out at length in this section. Section 2. The abandonment and vacation of the utility easements described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Owner must dedicate to the City new utility easements of equal or greater value than the utility easements being released by the City in this easement closure action, in accordance with the Corpus Christi Code of Ordinances, Section 49- 12, within 180 days of City Council approval of this ordinance so that the requirement of paying fair market value for the properties can be waived. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owner's 029661 INDEXED expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected properties are located. c. Prior to the permitting of any construction on the affected properties, the Owner must submit up-to-date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing dinance a read for the first time and passed to its second reading on this the 1(D + ay of v , 12, by the following votes: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott T er oroing orci was read for the second time and passed finally on this the ay of U , 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 PASSED AND APPROVED this theW149--- day of 00...4119-e , 2012. ATTEST: afrh4.49061- ia/~ Armando Chapa Joe Ad me City Secretary Mayor Abandon%20UE%20Qcean5620itillage%20Estates%20vFi nal%20Revd %2020121004[1] Page2of2 02 9 1361 1111:314;14d v • Q On. OJ F la les Or Am" 3RD if ESTATE Corpus Christi Bay EMI D Site GgINES ALTON Lot 3. Block 1 Ocean Wag* Estates Vol. 48. Pno. 124-123. Map Records of Muscat Cour. Texas "Point 01nnin ` r fleldnote cr1pbon 838'4131V (Plat-S38.50'40"W) Fd. 5 8 LR. No monumentation found or net WINES otherwise noted. JAMS O. O. Lot 2, Bladc 1 Ocean VoL Records ootAETTE 0 - Ls) LQ AXN CAPE KOUTE Lot 1, Block 1 1Ilags nit 1 2PQMop 1 Nuecas County, Texas (Plat=S5t'09'20') S51`14'48'E 401.97' 51 (INN , ,ap liu o 0 co 8 U 38'U.E. 528'31 f B"W 24.38' 1 4001 p3-8. Fd. 5/8 I.R. 21.17 Acres out of 7 and 8. bion 1 Flour Bluff and Enclnal Fane and Carden Tracts Vol. A. Pge. 41-43. Mop Records of Nuocee Count,. Texas (Owner: Carriage Cemetery Services Inc.) 90 60 30 0 60 120 EXHIBIT A Map to Accompany for Or cshg of a polar of 4 ,lam hoof vi it odrify woomootoaf of Lot 1 cod $ O c t Mow Mem Ofil 1„47 mop of WMit monied is Yams 1$ Pogo 31. Mop lkooralr of flososa C000fg Awn cod Lot 5 mat i. Oxon a indP of Weft k rocoo od ip Ibilese 414 Peps 124-125 Mfr ArliCO ib of Mows COURN MAUL Graphic Scale UREA ENGINEERING CORPUS CHRISTI, TEXAS fim Na 1 4725 &grar St, NONE MO 854-.51et unw REV OCT. 5, 2012 DATE: May 111 2012 SCALE 1 ,rte JOB tai.: 33952.62.00 SHEET: 1 of 1 t 0E...mM QTnG "la I LSx IAlan6 ns State of Texas County ofNueces Revised: October 4, 2012 May 11, 2012 Job No. 33952.B2.O0 FIELDNOTFS the closing of a portion of a 38.00 foot wide utility easement out of Lot 1 and 2, Block 1, Ocean Village Estates Unit 1, a map of which is recorded in Volume 12, Page 57, Map Records of Nueces County, Texas and Lot 3, Block 1, Ocean Village Estates, a map of which is recorded in Volume 48, Pages 124-125, Map Records ofNueces County, Texas; said closure being more fully described by metes and bounds as follows: Beginning at a point on the common boundary of Lot 2, Block 5, Seaside Subdivision, a map of which is recorded in Volume 37, Page 116, Map Records ofNueces County, Texas and said Lot 3, Block 1, for the southwest comer of this closure, from which point, a 5/8 inch iron rod found for the south comer of said Lot 2, Block 5, same being the west comer of said Lot 3, Block 1, bears South 38°47'31" West (Plat --South 38°50'40" West), a distance of 24.00 feet; Thence North 38°47'31" East (Plat=North 38°50'40" East), along the common boundary of said Lot 2, Block 5 and said Lot 3, Block 1, a distance of 14.00 feet tar the northwest corner of this closure; Thence, South 51°14'46" East (Plat- -South 51°09'20" East), parallel to the south boundary of said Lots 1, 2 and 3, Block 1 and 38.00 feet distant there from measured at right angles thereto, a distance of 401.97 feet to a point on the west boundary of Airline Road, a public roadway, for the northeast corner of this closure; Thence, South 28°37' 16» West, with said west boundary of Airline Road, a distance of 14.22 feet for the southeast corner of this closure, froth which corner, a found 5/8 inch iron rod bears South 28°37'16" West, a distance of 24.38 feet; Thence, North 51°14'46" West (North 51°09'20" West), parallel to the south boundary of said Lots 1, 2 and 3, Block 1 and 24.00 feet distant there from, measured at right angles thereto, a distance of 404.48 feet to the Point of Beginning and containing 0.130 Acres (5,644.434 square feet) of land; The Northeast boundary of Lot 3, as monumented on the ground and shown as South 47°3708" East on the recorded plat of Lot 3, Block 1, Ocean Village Estates was used as the Reference Bearing. No monumentation found or set unless otherwise noted. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Sie s- `a115'1ep iii, te` * t,, 40 ld ... t AN 1.EE URBAN D �• R �sMMa.0.s..M���N�N• f-. fie URBAN ENGINEERING DJVi Dan L. Urban, It P.L.S. License No. 4710 8surnying1339521$2Mrev& 395282aticlosiueER D (361)854-3 01 2725 MANNER DR. • CORPUS CHRISTI, TEXAS 78404 Page Mf 1361)854-6001 www.urboneng.corn TBPE Firm #145 EXHIBIT B Q) ID cu 2012043791 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 029661 passed and approved by Corpus Christi City Council on October 23, 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 30th day of October, 2012. * . 0 / Armando Chapa City Secretary . iii'. Corpus Christi, Texas ti` .. Ir?lt I _ i/4 O' (SEAL) : ,,,( ',::/'''' e '''-' �+' 1. .r7i. <4a?,.. r v � � 447 _ '; J '. f''(!.t 4 ML•. Axl l.< . . . . ' . Doc 201204-3791 t Pages 6 11/06/2012 3:19PM Official Records of NUECES COUNTY DIANA T. BA' uT;A COUNTY CLERK Fees $35.00 Any nrovisinn herein which restricts the Sule? Rental or use of the described REAL PROPERTY because of Race? Color, Relision, Sex, Hondicon, Familial Stotu``, 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 date and at the time stomned herein by me, and was duly RECORDED in the Official Public Records of Nueces Coonty, Texas Diana T. Barrera � / City of Corpus Christi ~ =--'—~--- ~ DEPARTMENT SERVICES ~=~ 2406 Leopard Corpus ChriSti, TX 78408