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HomeMy WebLinkAbout030229 ORD - 07/15/2014Ordinance abandoning and vacating a 1,226- square foot portion of a 5 -foot wide utility easement out of a part of Lots 8 -10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right - of -way, and east of the North Staples Street public right -of -way; and requiring the owner, Regional Transportation Authority (RTA), to comply with the specified conditions. WHEREAS, Regional Transportation Authority ( "Owner ") has requested the abandonment and vacation of a portion of a 5 -foot wide utility easement out of Lots 8- 10, Blk. 40, Bluff Portion Subdivision; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,226- square foot portion of a 5 -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 Regional Transportation Authority, ( "Owner"), a 1,226- square foot portion of a 5 -foot wide utility easement out of Lots 8 -10, Blk. 40, Bluff Portion Subdivision, located south of the Leopard Street public right -of -way, and east of the North Staples Street public right -of -way, as recorded in Volume A, Pages 2 -3, 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 is required to pay the fair market value fee of $2,025.00 for the abandonment and vacation of the 1,226- square -foot portion of a 5- foot -wide utility easement out of Lots 8 -10, Blk. 40, Bluff Portion Subdivision. 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 approval of the building permit and 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. 030229 INDEXED d. Owners must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foreg gordinance was mat for the first time and passed to its second reading on this the �"`'day of .(I , 20 I by the following vote: 4 Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott The foreggin 2rdiyance was rea for the second time passed finally on this the I a of , 20 y the following vote: Q., Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb CtA,y9 Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED this the 15 day of ATTEST: Rebecca Huerta City Secretary , 20n. Nelda Martinez Mayor 030229 1,226 SQUARE FOOT EASEMENT AS RECORDED IN VOLUME 268, PAGE 363 A 1,226 SQUARE FOOT TRACT OF LAND OUT OF LOTS 8, 9 AND 10, BLOCK 40 OF THE BLUFF PORTION SUBDIVISION PLAT AS RECORDED LN VOLUME A, PAGES 2 -3, MAP RECORDS, NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found drill hole on the east right -of -way line of North Staples Street marking the southwest corner of said Lot 8, Block 40 of the Bluff Portion Subdivision Plat as recorded in Volume A, Pages 2 -3, Nueces County, Texas for the POINT OF BEGINNING and a corner for the herein described tract; THENCE North 00 °36'24 "East, with said west right -of -way line, a distance of 5.00 feet to a calculated point for a corner of the herein described tract; THENCE South 89 °23'36" East, departing said right -of -way line, parallel with and 5.0 feet perpendicular distance from the south Tine of said Lot 8, Block 40, a distance of 145.20 feet to a calculated point on a common lot line between Lots 5 and 8, Block 40 for a corner of the herein described tract; THENCE South 00 °36'24" East, with said common lot line between Lots 5 and 8 and the common lot lines between Lots 4 and 9 and Lots 3 and 10, Block 40, a distance of 105.00 feet to a calculated point marking a common corner for the southwest corner of said Lot 3 and the southeast comer of said Lot 10, Block 40, for a comer of the herein described tract; THENCE North 89 °23'36" West, with the south line of said Lot 10, a distance of 5.00 feet to a calculate point for a comer of the herein described tract; THENCE North 00 °36'24" East, parallel with and 5.0 feet perpendicular distance from the east line of said Lots 9 and 10, Block 40 of the Bluff Portion Subdivision Plat, a distance of 100.00 feet to a calculated point on the aforementioned south line of Lot 8, Block 40 for a corner of the herein described tract; THENCE North 89 °23'36" West, with said south line of Lot 8, a distance of 140.21 feet to the POINT OF BEGLNNLNG and containing 0.03 acre or 1,226 square feet of land. NOTE: ALL BEARINGS ARE GRID BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM FOR THE LAMBERT SOUTH ZONE NAD 1983 (CORS 96) EPOCH 2002. ONEVI Stacey Kiz Mdrli, RPLS Registered Professional Land Surveyor Texas Registration No. 6166 Naismith Engineering, Inc. TBPE F #355 TBPLS #100395 -00 ca. 0.C� EAfo f1 STACEY KING MO RA !�d 6165 • S: \8807.06 PLATTING \WATER AND GAS EASEMENT EXHIBIT A.docx 1 OF 1 EXHIBIT A ! . . z ,.. : )- 3 zo- u al 02 .(71 :P z z zo lo '412„: o x g 1 g s- Vie c ; in ! 1),) •- C3 Li' iti g.-..-v:' - N.,. •••.•C 31.. 32 0 t-..' CO c0 1- 4. z ZE Si V., -;•• ' 4 5 •3'.- 0 4,0 CO ''' .4 X.... 0 >.• U.I • I cv (i) ,., 'i ',I. ii Z t 2 -1. , !ttl8 41 Cro al • 0 :5 = 75- 8 :A e t. --e- z,- ....,,,, "el::: 4-• <: ,.. 4 o, `: r.% '.. -* -• .--•' •'S --•C's.:*'4' :4,.... z ... ,,.. :g ,,, 1.• C4 Nai mith Engineering, Inc. 3 .00 SC..1.- I AA-trZ,9C<OOS 3.4Z,9£,O3N z C Li) 4 • 1 7 0 s CZ3 z m ., •-; ? z ,. z 0 a. , c2J4 = FOUND DRILL HOLE: 133b1S S31dVIS = CALCULATED POINT < EXHIBIT B , 4y3SCt` k 1)i a, CITY OF CORPUS CHRISTI OW E6' 16 r CERTIFICATION OF PUBLIC RECORD 'roc OPP OH P,E0 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. 030229 passed and approved by Corpus Christi City Council on July 15, 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. y e.. ,.._ WZX4VESSETH MY HAND and the Official Seal of the City of Corpus Christi, s 'Texas, this 21st day of July, 2014. \ , a ELL4--4're-,ciLtAlkx Rebecca Huerta , City Secretary irpi f, ,' � Corpus Christi, Texas 7(---- ::-.1 i`* )3: )% C ,.�,,c., � riA f / . --.: 5a / City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 RebeccaH@cctexas.cctexas.corn • Doc.1 2 0_L mo-.0 3 1 ..L "_0 Pa?es 6 OF,/12/2O14 :31Pri Official Records of NUECES COUNTY DIANA T, BARRERA COUNTY CLERK r:-es $31.00 Any provision herein Which restricts the Sal ey Rental or use of the described REAL PROPERTY because of' Racer Color i on, Sex, Hand i cap s Familial Status or National Ori31n is invalid and unenforceable under FEDERAL LAW, 3/12/39. STATE OF TEXAS COUNTY OF NUECES T hereby certify that this instrument Was FILED in f i le number sequence on the date and ; t ti-pe t me stamped here i n b_+ me, and Was duly RECORDED n the Off idol Pub 1.i,_ Records of City of corpus Christi al_,; cFs County, Teras ,/ NyetrMtp-j~SERVICES 2406 Leopard Diana T, Barrera • r y Corpus Christi,TX 78408 ` 1 . 4 - tt�_. .#y.