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Home My WebLink About030137 ORD - 03/25/2014Ordinance abandoning and vacating a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition and requiring the owner, CC Tower Center, LTD., to comply with the specified conditions. WHEREAS, CC Tower Center, LTD. ( "Owner") has requested the abandonment and vacation of a portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, March 18, 2014 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 2,751- 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 CC Tower Center, LTD., ( "Owner"), a 2,751 - square foot portion of a 10 -foot wide utility easement out of Block 903, Fitchue Place Addition, located west of South Alameda Street and south of McKenzie Street, as recorded in Volume 2, Page 14, 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 new utility easements of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49 -12, within 180 days of Council approval so that the requirement of paying fair market value for the property can be waived. b. All the existing public and franchised utilities located within the portion of utility easement to be abandoned and vacated, must be relocated at owner's expense. c. 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. 030137 INDEXED d. 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. e. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregoin„gIordinance w�r 1 for the first time anl, passed to its second reading on (� d (,t,� (�l�l , 20 1V-,-by the following vote: this the ay of Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foregoin ordinance was reed for Vie second time and passed finally on this the ` day of 4�(tv/f/l , 20 ((f 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 01" day of /4r ATTEST: Rebecca Huerta City Secretary S\LL Nelda Martin Mayor 030137 Utility Easement Closure State of Texas EXHIBIT A County of Nueces Job No. 42868.B4.00 January 9, 2014 FIELDNOTES for a 0.063 Acre, 10 foot wide, utility easement closure, over and across, a portion of a 10' Alley, of Block 903 of Fitchue Place Addition, as recorded in Volume 2, Page 14, of the Map Records of Nueces County, Texas, being adjacent to Lots 7 -18 and Lots 49 -58 of the said Block 903, said Alley, closed by City of Corpus Christi, City Ordinance #9190 and City Ordinance #020704; said 0.063 Acres, being more fully described by metes and bounds as follows: Commencing, at a 5/8 inch iron rod found, on the Northeast line of 10t Street, a public roadway, the South corner of Lot 48, of the said Block 903, the West comer of Lot 49, of the said Block 903. Thence, North 58°39'14" East, with the common line of the said lots 48 and 49, 125.00 feet, to the Southwest line of the said 10 foot Alley, for the Point of Beginning and outer ell corner of this tract; Thence, North 58°39'14" East, 5.00 feet, for an inner ell comer of this tract; Thence, North 31 °22'44" West, 50.08 feet, for the West comer of this tract; Thence, North 58°39'14" East, 5.00 feet, to the Northeast line of the said Alley, for the North corner of this tract, from whence, a 5/8 inch iron rod found, on the South East line of South Alameda Street, the East corner of Lot 19, of the said Block 903, the North corner of the said Lot 18 bears, North 58°39'14" East, 125.22 feet; Thence, South 31°22'44" East, with the Northeast line of said Alley, 300.17 feet, to the Northwest line of a Lot 1 A, Block 903, Fitchue Place Addition, as recorded in Volume 55, Page 156 of the said Map records, for the East comer of this tract; Thence, South 58 °39' 14" West, with the Northwest line of the said Lot 1 A, 10.00 feet, for the South comer of this tract, from whence, a 5/8 inch iron rod found, on the said Northeast line of 10th Street, the West corner of the said Lot 1A, bears, South 58 °39'14" West, 125.00 feet; Thence, North 31 °22'44" West, with the Southwest line of the said Alley, 250.09 feet, to the Point of Beginning, containing 0.063 acres (2,751 Square Feet) of land, more or less; Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this fieldnote description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described he URB ENGINEERING Keith W. Wooley, R.P. License No. 5463 \\ Urbanfs021DatalSurveying \428681B400\OFFICEIME7ES AND BOUND Iosure.docx (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 1 of 2 FAX (361)854 -6001 sonal 'Riuoo saoanN io p.00aa dori '9St 6d 'SS ioA UO!ppPV 800/d any01i j CO6 )0018 'Vt 701 South Alameda Street r 0 co O 0, O 0 0 0 0 J O J g so■al '(iuno3 saoanN 40 pJooaa dory '9S L 6d 'SS loA uo!i!PPV a00 d ang0i d CO6 vole 'V l ic1 .00 SZI �M.• 1,6C.BSS 0 J n 0 J 0 0 J 01 O ,00'SZt 4,3.•t,6t9SN co 0 . u rc V o$ to 0 0 L ,ZZ CZ: 3„• 1,6f.aSN cn to O * o J 0 0 0th Street N. Dci._ 2014012169 016.13.s cr Ih .4 CITY OF CORPUS CHRISTI w CERTIFICATION OF PUBLIC RECORD rNCOq vOH PEO 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. 030137 passed and approved by Corpus Christi City Council on March 25, 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 2nd day of April, 2014. Rebecca Huerta City Secretary Corpus Christi, Texas t ; City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 RebeccaH@cctexas.com . ~ Doct 2014012 1 69 4, Pages 6 -- - V4/03/2014' 9:29AM Off iciol Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $35.00 Any vrovis\on herein which restricts the Sole, Rent-al 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 senuence on the date and at the time stomned herein by me, and was duly RECORDED in the OfficPublic Records of Nueces County, Texas Diana T. Burreru kikoLort,i0