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HomeMy WebLinkAbout030051 ORD - 01/14/2014Ordinance abandoning and vacating a portion of a 15 -foot wide utility easement out of Lot 1, Incarnate Word Subdivision and requiring the owner, The Convent Academy of the Incarnate Word, to comply with the specified conditions. WHEREAS, The Convent Academy of the Incarnate Word ( "Owner ") has requested the abandonment and vacation of a portion of a 15 -foot wide utility easement out of Lot 1, Incarnate Word Subdivision; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, December 17, 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 21,488- square foot portion of a 15 -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 The Convent Academy of the Incarnate Word ( "Owner "), a 21,488- square foot portion of a 15 -foot wide utility easement out of Lot 1, Incarnate Word Subdivision, located south of Lipes Boulevard and west of South Staples Street, as recorded in Volume 68, Page 19, 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. That payment of fair market value for the easement closure be waived, as per Texas Local Government Code 272.001 (b). The Owner of said property was the same Owner that dedicated the portion of easement being abandoned. 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. 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. 030051 INDEXED d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoin ordinanc was read or the first time and passed to its second reading on this the ( ay of , 20 16, by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreg i g ordinance wad read for the second time 9nd passed finally on , 20 I4+,- by the following vote: this the 4'day of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb PASSED AND APPROVED this the ATTEST: _ Rebecca Huerta Nelda Martinez City Secretary Mayor Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 14- day of 030051 MURRAY BASS, JR., P.E.,R.P.LS. NIXON M. WELSH, P.E., R.P.LS. www.bass- welsh.com e -mail: pixmwrmaol.com BASS & WELSH ENGINEERING TX Registration No. F -52 Survey Registration No. 100027 -00 P.O. Box 6397 Corpus Christi, TX 78466 -6397 September 10, 2013 Field Note Description Easement Closure 3054 S. ALAMEDA, ZIP 78404 361 882 -5521— FAX 361 882 -1265 e -mail: murrayjrnaol.com Being a tract situated in Corpus Christi, Nueces County, Texas being located on Lot 1, Incarnate Word Subdivision, as shown on the map thereof recorded in Volume 68, at Page 19 of the Map Records of Nueces County, Texas, said easement being a portion of those easements dedicated on the referenced plat and being more particularly described by metes and bounds as follows: COMMENCING at the northeast corner of said Lot 1, Incarnate Word Subdivision, THENCE S 28 °55'23" W along the east line of Lot 1, a distance of 412.62 feet to a point for the point of BEGINNING of this tract; THENCE continuing along the east line of Lot 1, S 28 °55'23" W a distance of 33.74 feet to a point for a comer of this tract; THENCE S 75 °28'29" W a distance of 274.43 feet to a point for an interior corner of this tract; THENCE S 16 °03'13" E a distance of 2.07 feet to a point for a corner of this tract; THENCE S 73 °56'47" W a distance of 17.00 feet to a point for the most southerly corner of this tract; THENCE N 16 °03'13" W a distance of 17.00 feet to a point for a corner of this tract; THENCE N 73 °56'47" E a distance of 20.00 feet to a point for an intermediate corner of this tract; THENCE N 75 °28'29" E a distance of 251.22 feet to a point for an interior corner of this tract; THENCE N 61 °04'37" W a distance of 216.69 feet to a point for a corner of this tract; THENCE N 28 °56'47" E a distance of 15.00 feet to a point for a corner of this tract; THENCE S 61 °04'13" E a distance of 6.92 feet to a point for an interior corner of this tract; THENCE N 74 °16'32" E a distance of 169.10 feet to a point for an interior corner of this tract; THENCE N 16 °03'13" W a distance of 165.39 feet to a point for an interior corner of this tract; THENCE N 61 °03'13" W a distance of 285.11 feet to a point for an interior corner of this tract; THENCE S 28 °55'23" W a distance of 8.05 feet to a point for a corner of this tract; THENCE N 61 °01'36" W a distance of 15.00 feet to a point for a corner of this tract; THENCE N 28 °55'23" E a distance of 8.04 feet to a point for an interior corner of this tract; MBJ:sab,wrf 07013 -Field Note Desc -UE Closure.doc EXHIBIT "A" Page 1 of 2 THENCE N 61°03'13" W a distance of 47.41 feet to a point for the most westerly comer of this tract; THENCE N 28 °55'23" E a distance of 198.97 feet to a point in the north line of Lot 1 for the northmost comer of this tract; THENCE S 61°02'50" E along the north line of Lot 1, a distance of 15.00 feet to a point for a corner of this tract; THENCE S 28 °55'23" W a distance of 183.97 feet to a point for an interior corner of this tract; THENCE S 61 °03'13" E a distance of 338.74 feet to a point for a corner of this tract; THENCE S 16 °03'13" E a distance of 186.69 feet to a point for a corner of this tract; THENCE S 74 °16'32" W a distance of 169.01 feet to a point for an interior corner of this tract; THENCE S 61°04'37" E a distance of 198.69 feet to a point for an interior comer of this tract, said point lying in the west boundary of the existing 15.00 foot utility easement of Lot 1; THENCE N 28 °55'23" E along the west line of said 15.00 foot utility easement, a distance of 22.02 feet to a point for a comer of this tract; THENCE S 61°04'37" E a distance of 15.00 feet to the POINT OF BEGINNING, forming a tract embracing 21,488 square feet (0.493 acres). Mug ay Bass, Jr., R.P.L.S. Note: Basis of Bearing is the east boundary of Lot 1, Incarnate Word Subdivision as shown on the map of record. MBJ:sab,wrf 07013 -Field Note Desc -UE Closure,doc EXHIBIT A Page 2 of 2 FES o0 EVARD o S61'02'50 "E 15.00' 20' YR 1 I r\� - graiE. co I \1M rn4y- �! \\ wt 1� i)I Iro NI \I N in ` in to 1 \ t \ N ' z 1 \ i 1 S61'03' 13 "E 338.74' \l N61'03'13"W 285.11' 1-:1),5% 25' DRAINAGE EASEMENT DOC. 801740, O.P.R.N.C.T. N61'03'13'1N 47.41' N� n0 oti N NO • co N Z N61'01'36"W 15.00' LOT 1 INCARNATE WORD SUBDIVISION VOL. 68, PG. 19, M.R.N.C.T. 100 50 GRAPHIC SCALE 0 100 FYISTIN(: 1 \�� ` .' %, 6C N N in O in N 00 N Cg ro4)t S61'04' 13 "E • pro 6.92' N4 / , y/A°` 4� S61'04'37 "E 198.69' ~ �• N61'04'37"W 216.69' A v 200 ( IN FEET ) 1 inch = 100 ft. g o as- y� 0 ,i• '4 0§; 0O 21 y488 S 0:493 A UTILITY EASEMENT CLOSURE Prepared by: Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 ( (361) ) 8 882— 1265 (p(fax) ) EXHIBIT "B" Pont of Commancemen t FND 5/8 "IR S28'55'23 "W 7-S61'04'37"E } 15.00' "--Poht of B gk nhg N n tn Eta N U) I~ FT. ;RES 0 C. Job No: 07013 Scale: 1.=100' Dote: 07SEP2013 Drawing No: UE CLOSURE Plotscale: 1 =1 Sheet 1 of 1 Prepared by Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) (361) 882 -1265 (fax) LOCATION MAP EXHIBIT B Job No: 07013 _ Scale: 1 =800' Dote: 1 1 SEP2013 Drawing No: UE Location Plotscale.• 1=1 Sheet 1 of 1 4 5S cc a w w P7 CRDMWELL ~� GATERIDGE EDINBURG CROSSRIDGE P \OA MILLWOOD MEADOWGATE ^� PEPPER MILL w w N - -� AtF w 1F40 Y 0 o c ° 0 ww 0 0 o z D. o 1- w (-1,_ a CROSS m yoipS 3 VALLEY T CEDAR PASS LIPES f +SITE HENDERSON k '.\\ W000c z ) LJ e HENDERSON LETHABY PRINCE CHARLES CAVENDISH \ w J ,,, 0 0 m 0 o z LI/ 0 Y 0 U') 1 0 Z_ 0 0 Z a_ CD z 0 z — j m CAMELOT z 3 0 Cr) DR. Y a: m 0 1 I - 1 AVL YORKTOWN BLVD. Prepared by Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) (361) 882 -1265 (fax) LOCATION MAP EXHIBIT B Job No: 07013 _ Scale: 1 =800' Dote: 1 1 SEP2013 Drawing No: UE Location Plotscale.• 1=1 Sheet 1 of 1 a ,-,,- 2.014n n3774. GO13s cl% o� ;I�h f� CITY OF CORPUS CHRISTI ,E ^r U �� CERTIFICATION OF PUBLIC RECORD 'NC�RupxAI EC. 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. 030051 passed and approved by Corpus Christi City Council on January 14, 2014 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 January, 2014. TJ 4------ Rebecca LRebecca Huerta City Secretary Corpus Christi, Texas ' ,, -...r,V � c ; City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 RebeccaH@cctexas.com • • Dr,-T 201 40')3774 t Pii ? (32/07'2014 ?o 47P'M Official Records of WECEC COilNTY DIANA T. BARRERA r'OfiHTY CLER FAA= 443.00 Any prevision herein which restricts the Sale Dental or use of the described PEAL f'PORERTY because of Race, Color, Religion• gest. Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, ?/12/89. 'TATE' OF TEYAS COUNTY OF HUECES 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 Hueces County, Texas Diana T. Barrere pec," t p9 17:1- ' A.$44A14"---; C' City of Corpus Christi DEPARTMENT SERVICES 2406 Leopard Corpus Christi, TX 78408