Loading...
HomeMy WebLinkAbout029966 ORD - 10/08/2013Ordinance abandoning and vacating a portion of a 10 -foot wide utility easement out of Parkdale Village Annex B and Lot 2, Parkdale Village Annex C and requiring the owner, TWF Partners, LLC., to comply with specified conditions. WHEREAS, TWF Partners, LLC. ( "Owner") has requested the abandonment and vacation of a portion of a 10 -foot wide utility easement out of Parkdale Village Annex B and Lot 2, Parkdale Village Annex C; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 24, 2013 during a meeting of the City Council, during which all interested parties and citizens 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 1,826- square foot portion of a 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of TWF Partners, LLC. ( "Owner"), a 1,826 - square foot portion of a 10 -foot wide utility easement out of Parkdaie Village Annex B and Lot 2, Parkdale Village Annex C, located west of South Staples Street and north of Everhart Road, as recorded in Volume 27, Page 67, and Volume 29, Page 12, 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 Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, and Exhibit "B," 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 their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' 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 Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. n2 966 INDEXED c. Prior to the permitting of any construction on the affected property, the Owners must submit up -to -date surveys, abstracted for all easements and items of record, to the Director of Development Services, or his designee. d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoing ordinance as read for the first time and passed to its second reading on this the ay of - + ' , 20 6, by the following vote: aig Nelda Martinez Chad Magill Kelley Allen Colleen McIntyre Lillian Riojas Mark Scott Rudy Garza Priscilla Leal David Loeb The foreg9insordinancevqs r ad for the second time and passed finally on this the day of - , 2013, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the BP day of ATTEST: Armando Chapa City Secretary Ctdo elda Martinez Mayor 0 LI RBAN ENGINEERING Revised: August 30, 2013 Job No. 40889.03.01 August 06, 2013 10 Foot Wide Utility Easement Closure STATE OF TEXAS COUNTY OF NUECES Field notes for the closure of a 10 foot wide utility easement, 0.042 acres, more or Tess, over and across of Parkdale Village Annex "13", a map of which is recorded in Volume 27, Pg, 67, Map Records of Nueces County, Texas and Lot 2, Parkdale Village Annex "C ", a map of which is recorded in Volume 29, Page 12, Map Records of Nueccs County, Texas, said easement being more fully described as follows Commencing at a 1/2 inch iron pipe found on the North R -O -W fine of Whalaburger Way, a public roadway, for the Southeast comer ofsaid Lot 2, same being the Southwest corner ofsaid Parkdale Village Annex "B ", thence North 28 05010" East, 10.00 feet to the Point of Beginning and fora point in the Southwest boundary of this casement; )hence, North 61 °09'30" West, with the said Southwest easement line, 5.00 fat, to the Southwest corner of this casement; Thence. North 28 °50'30"" East, 185.57 feet. to the North comer of this easement, Thence, South 31°06'10" East, passing the Southeast line of said Lot 2 and the Northwest line of said Parkdale Village Annex "B ". 11.55 feel, to the East a corner ofthis casement; fhcnce, South 211 °50'3U" West. 179.61 feet. to the South corner of this casement„ Thence, North 63 °05"13 " West, 5.00 feet, to the Point of Beginning, containing 0,042 acres (1,826 Sq. Et.) of land, more or Tess. Bearings are based on the recorded plat of Parkdale Village Annex "C ", a map of which is recorded in Volume 29, Page 12, Map Records ofNueces County, Texas„ Unless Ibis fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form. surveyor assumes no responsibility for its accuracy. Also reference accompanying sheich of tract described herein. yti ��i et eiq -.y4°, a DAN LEE URBAN � 4710 `` �'jnyss' URBAN ENGINEE Ritth Dan L. Urban, R.P.L.S. License No. 4710 EXHIBIT A S :SurveyingWO8891133011FN 1OUE doc Page 1 of l.. (361)854.3101 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404 www.urborteng.com IBPE Firm 1145 FAX (361 )854.6001 •,' Location Map N.T.S. UNE BEARING DISTANCE L1 N61'09'3011! 5,00' L2 S31'081101 11.55' L3 N83'05'131'1 5.00' immml Sketch to Accompany F1ELDNOTES for the closure of o 10.00 foot wide utility easement, more or leas, over and across of Parkdaie Village Annex 'B ", a map of which is recorded in Volume 27. Pg. 67. Map Records of Nueces County. Texas and Lot 2, Parkdaie Village Annex "C ", a mop of which is recorded In Volume 29, Page 12, Map Records of Nueces County, Texas. EXHIBIT B URBAIst ENGINEERING M50 CORPUS CHRISTI. TEXAS SHEET: 1 of 1 rain I41 MS Samba. St, - a, car Saar DRAWN BY: RLG (BO) as4 -.r101 FAX fin) 1154-001 02013 by Urban Engineering t' 'C Drav_ 2013052515 o4yusc% G p. I1Itl 1 CITY OF CORPUS CHRISTI E".4 ��r yrE CERTIFICATION OF PUBLIC RECORD NLRFpx P 1852 THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 029966 passed and approved by Corpus Christi City Council on October 8, 2013 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 29th day of October, 2013. Rebecca Huerta Assistant City Secretary ,,i i Corpus Christi, Texas ✓ '? i= T� k "15:044'14 }Y Jl City of Corpus Christi Rebecca Huerta,Assistant City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 rebeccah@cctexas.com Docs 20131)52515 Pages 6 12/11/2013 11:14AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK. Fees $35.00 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 NUECES I hereby 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 raF 1 �I'M A t ) AMNA,40.--) City of Corpus Christi DEPARTMENT SERVICES 2406 Leopard Corpus Christi, TX 78408