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HomeMy WebLinkAbout029667 ORD - 10/30/2012Ordinance abandoning and vacating a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts; and requiring the owner, The Alexan Resort on the Bay, LLC, to comply with the specified conditions. WHEREAS, Bass and Welsh Engineering, acting as agent on behalf of The Alexan Resort on the Bay, LLC ("Owner"), is requesting the abandonment and vacation of a 10 -foot wide utility easement out of Lot 5, Block 1, Joslin Tracts, located east of Ennis Joslin Road and north of South Padre Island Drive (State Highway 358), to accom- modate the future development of the subject property; WHEREAS, with proper notice to the public, public hearings were held on Tuesday, October 23, 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 the 10 -foot wide utility easement, 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 Bass and Welsh Engineering, acting as agent on behalf of The Alexan Resort on the Bay, LLC ("Owner"), a 10 -foot wide utility easement, totaling 3,092.76 square feet, out of Lot 5, Block 1, Joslin Tracts, located east of Ennis Joslin Road and north of South Padre Island Drive (State Highway 358), as recorded in Volume 61, Page 97, 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 location map, Exhibit "B," which is a metes and bounds description, and Exhibit "C," which is a field notes map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in its entirety. Section 2. The abandonment and vacation of the utility easement 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 easement 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 expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located. Abandon%201lE%20Alexan %20Resort%20vFinaI%2020121002[1 ] Page 1 of 2 029667 INDEXED G. Prior to the permitting of any construction on the affected property, 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 foreg this the finance as rad for the first tirne and passed to its second reading an ay of U , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Alien t Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal The foregoiin or finance was read or the second time and passed finally on this the d day 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 PASSED AND APPROVED this the LJ" day of O , 2012. ATTEST: Armando Chapa City Secretary Abandon%20EJ E%20Aiexan%2OResort%20vFinal%202012100211 ] Page 2 of 2 Joe A me Mayor 029667 LOCATION MAP 1 1540' APPROX EXHIBIT A BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX COMP. N0. EXB--UE CLO LOC MAP JOB NO. 98068 SCALE 1" = 60' PLOT SCALE: SAME PLOT PATE: 8/23/12 SHEEN' 1 OF 1 MURRAY BASS, JR, :P.E.,R.P.L:S. NIxoN M. WELSH, .P.E,:,_R.P.L:S. www .hn55-wels}i,nvn e-mail: nixniw{ayaoLcom BASS 41 WELSH ENGINEERING TX Registration No. 1? -52 P.O. Box 6397 Corpus Christi, TX 78466-6397 Utility Easement Closure Tract State of Texas §' 3054 S. ALAMEtrA, zfr 78404 361 882-5521 14Ax.36'1.88;2-1265 e-niaii: murrsvr{c�ae[ crit. August 17, 2012 98068M&B-UE CLO DOC County of Nueces §' Description of a 0.071 acre tract of land, more or less, a; portion of Lot 5, Block1, Joslin Tracts, a map:: of which is recorded in Volume 61, Page 97, Map Records, Nueces County, Texas,and being all of the 10' UE inside the boundary of said Lot 5 as shown in said map, said 0.(}71 acre tract for utility easement closure as further described by metes. and bounds as,follows; BEGINNING at a point for the northernmost corner of the tract herein: described in the northwest boundary line of said Lot 5, said beginning point bears S59°10'05'W 192.53' from the northernmost corner of said Lot 5; Thence S54°40'22"E 162.91' to a point for c trtral corner of the tract herein described; Thence S53°49'51"E'.142.64'to a point in a: southeast boundary.line of said Lot 5 for the easternmost corner of the:: tract herein described, said easternmost corner bears :828°52'13"W '10.00` and S63°44'27"W 67.70' from the easternmost corner of said. Lot 5; Thence S28°52'13"W 1:0.08' along said southeast boundary litre of Lot 5 to a paint for the southernmost corner of the tract herein described; Thence N53°49'51"W 143,85' to a point for central corner of the tract herein `described;; Thence:N54°40'22"W 167.25' to a point for the westernmost corner of the tract herein described in said northwest boundary line= of Lot 5; Thence N59°10'05'E 10.93' along said northwest boundary lne:of Lot 5 to the POINT 171+: BEGINNING,. a:.sketch showing :said 0.0.71 acre tract for utility easementclosure being attached hereto as ExhibirB". OP * kite Ai 14,4 as 10.11My' 17• NIX61 M. WELSH 8.4_ alit ;''dri;. realm EXHIBIT B Sheet 1:of 1 LOT 3, SECTION 29, F8 & EF & GT N59° 10' 05' E 10, 93' 0 LOT 5, SECTION 28, F8&EF&.GT CL ENNIS JOSLIN RD. (ORIG. CL OF 80' ROW) LOT 5. SECTION 28, fB & EF & GT EXHIBIT C SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1. 60' .%)52 � stsgyp. ppb LOT 6. SECTION 28, FB & EF & GT BASS AND WELSH -1 ENGINEERING CORPUS CHRISTI, TX COMP. NO. EXB-UE CLO JOB NO. 98068 SCALE: 1 ` = 60' PLOT SCALE: SAME PLOT DATE: 8/17/12 SHEET 1 OF 1 , 1 ikY" Dace 2012043 792 C' `�ii� oc all �� CITY OF CORPUS CHRISTI H .P"r Ur CERTIFICATION OF PUBLIC RECORD 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. 029667 passed and approved by Corpus Christi City Council on October 30, 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 5th day of November, 2012. i( v+D-1811-1----- Armando Chapa City Secretary rq? , Corpus Christi, Texas ✓ •1' S _ [j, / ;/1h` qa 1 F► 1,,, , _ ' 7> P ,/1/ ,rpt 1",'Al' City of Corpus Christi Armando Chapa, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 armandoc@cctexas.com . . • .. . . , . . ` Doct 21:11212143792 li Pages 7 11/06/2012 3:19PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 Any nrovision herein which restricts the Sole? Rental or use of the described REAL PROPERTY because of Race? Cnlor, Relision, Sex, Hondicon, 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 senuence on the dote and at the time stnmned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Diana T. Borrero A4,4e— ..-'4.40.— ;iN ( r - A 4 �^ •��' . City of Corpus Christi "���^ DEPARTMENT SERVICESiMENT�����T 2406 Leopard Corpus Christi, TX 78408