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:
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Armando Chapa Joe Ad me
City Secretary Mayor
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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.
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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
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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
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City of Corpus Christi ~ =--'—~---
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DEPARTMENT SERVICES ~=~
2406 Leopard
Corpus ChriSti, TX 78408