HomeMy WebLinkAbout030240 ORD - 07/29/2014Ordinance abandoning and vacating a portion of a 10 -foot wide utility
easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and 12, Blk. 16,
Padre Island Number 1, located north of the Encantada Avenue
public right -of -way, and east of the Palmira Avenue public right -of-
way; and requiring the owner, Island Foundation, Inc., to comply with
the specified conditions.
WHEREAS, Island Foundation, Inc. ( "Owner ") has requested the abandonment and
vacation of a portion of a 10 -foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A,
10B, and 12, Blk. 16, Padre Island Number 1;
WHEREAS, it has been determined that it is feasible and advantageous to the
City of Corpus Christi to abandon and vacate a 2,130- 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 Island Foundation, Inc., ( "Owner"), a 2,130- square
foot portion of a 10 -foot wide utility easement out of a part of Lots 7B, 8B, 9B, 10A, 10B, and
12, Blk. 16, Padre Island Number 1, located north of the Encantada Avenue public right -of-
way, and east of the Palmira Avenue public right -of -way, as recorded in Volume 13, Pages 1-
8, and Volume 42, Pages 20 -21, 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. 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.
030240
INDEXED
d. Owners must comply with all specified conditions of the ordinance within 180
days of City Council approval.
The forego'n • r;• inance was ead for the first time and passed to its second reading on
this the • ay of , _ _ , 2014f, , by the following vote:
Nelda Martinez I.�.!i'� Chad Magill
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Colleen McIntyre
Lillian Riojas
Mark Scott
The foregoft ordinance as read for the second time nd passed finally on
this the k9 ti'Qay of '�"' , 20 1 `j -by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
026-e"i-
Ou74W-
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
PASSED AND APPROVED this the r7'�1 . day of
ATTEST:
Rebecca Huerta
City Secretary
Nelda Martinez
Mayor
030240
0.049 Acre Tract, Utility Easement Closure
State of Texas
County of Nueces
Job No. 38009.B4.03
March 26, 2014
FIELDNOTES for a 0.049 Acre Tract, Utility Easement Closure, more or less, over and across Lots
7B, 8B, 9B, 10A and 108, Block 16, Padre Island Number 1, a map of which is recorded in Volume 13, Pages
1-8, Map Records of Nueces County, Texas and Lot 12, Block 16, Padre Island Number 1, a map of which is
recorded in Volume 42, Pages 20-21, Map Records of Nueces County, Texas.; said 0.049 Acres, being more
fully described by metes and bounds as follows:
Commencing, at a 5/8 inch iron rod with cap (Hayden) found, the Intersection of Encantada Avenue
and Palmira Avenue, a public roadway, the West comer of a County Road closed in Volume 18, Page 232, and
Volume 1591, Page 65, Commissioner's Court Minutes, Nueces County, Texas;
Thence, South 65°2W01" East, with the Northeast line of the said Encantada Avenue, the Southwest
line of the said Closed County Road, 145.00 feet, Thence, North 24 °31'59" East, 50.00 feet, to the Southwest
line of said Lot 10B, for the Point of Beginning and Southwest comer of this easement;
Thence, with a curve turning to the left with an arc length of 212.53 feet, with a radius of 2459.93 feet,
with a chord bearing of North 22°03'28" East, with a chord length of 212.47 feet, for the North corner of this
easement
Thence, South 70°25'02" East, the Northeast line of the said Lot 7B and Lot 12, the Southwest line of
Lots 6B and 6A, Padre Island Number 1, a map of which is recorded in Volume 13, Pages 1-8, Map Records
of Nueces County, Texas, 10.00 feet, for the East corner of this easement
Thence, with a curve turning to the right with an arc length of 213.40 feet, with a radius of 2469.93
feet, with a chord bearing of South 22°03'28" West, with a chord length of 213.33 feet, for the South corner of
this easement;
Thence, North 65°28'01" West, the Northeast line of the said Closed County Road, the Southwest line
of this said Lots 10B and 10A, 10.00 feet, to the Point of Beginning, containing 0.049 acres (2130 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 herein.
DAN LEE URBAN
4710 '
S :1Surveyiog\380091B40310FF[CE\M E.S AND BO ;L , Page 1 of 1
(361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854 -6001
www.urbaneng.com
TBPE Firm # 145 • TBPLS Arm # 10032400
ENG
R.P.L.S.
License No. 4710
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FlELDNOTES for a 0.049 Acre Tract, Utility Easement Closure,
more or leas, over and across Lots 7B, 8B, 98, 10A and
108, Block 16, Padre Island Number 1, a map of which is
0o recorded in Volume 13, Pages 1 -8, Map Records of Nueces
County, Texas and Lot 12, Block 16, Padre Island Number 1,
a map of which is recorded in Volume 42, Pages 20-21,
Map Records of Nueces County, Texas.
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Lot 12
Padre Island Number 1
Vol. 42, Pgs. 20 -21, Map
Records of Nueces County, Texas
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Lot 11
Legend:
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with cop (Hoyden)
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DATE: March 26, 2014
SCALE: 1•=50'
JOB NO.: 38009.84.03
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