HomeMy WebLinkAbout030483 ORD - 04/21/2015 Ordinance abandoning and vacating an undeveloped and unsurfaced
11,420-square foot portion (0.262 acres) of a 20-foot wide public
right-of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, and
requiring the owners, Breckenridge Group Corpus Christi Phase II,
LP., to comply with specified conditions.
WHEREAS, Breckenridge Group Corpus Christi Phase II, LP. ("Owners") have
requested the abandonment and vacation of an undeveloped and unsurfaced 11,420-
square foot portion (0.262 acres) of a 20-foot wide public right-of-way, out of Lot 1,
Block 1, Oso River Estates Unit 2;
WHEREAS, with proper notice to the public, a public hearing was held on
Tuesday, April 14, 2015, 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 the subject portion of the undeveloped
and unsurfaced 11,420-square foot portion (0.262 acres) of a 20-foot wide public right-
of-way, out of Lot 1, Block 1, Oso River Estates Unit 2, 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 Breckenridge Group Corpus Christi Phase II,
LP. ("Owners"), an undeveloped and unsurfaced 11,420-square foot portion (0.262
acres) of a 20-foot wide public right-of-way, out of Lot 1, Block 1, Oso River Estates Unit
2, located south of and adjacent to Williams Drive and north of Holly Road., as recorded
in Volume 68, Pages 336-337, of the 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 public street right-of-way described
in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance
with the following requirements:
a. City staff recommends that payment of the fair market value be waived
because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances
eliminates payment of the fair market value when an abandoned street is
unimproved, as it is in this case.
b. Upon approval by the City Council and issuance of the ordinance, all grants of
streets closures must be recorded at the Owners' expense in the real property
Official Deed and Map Records of Nueces County, Texas, in which the
subject portion of the property is located, with a copy of the recording
provided to the City. Prior to the issuance of any permits for construction on
the land, an up-to-date survey, abstracted for all streets, alleys or public
030483
INDEXED
rights-of-way, and items of record must be submitted by the Owners to the
Director of Development Services.
The foregoin ordinance as read for the first time and passed to its second reading on
this the 141"-day of vlu-- , 20 l by the following vote:
Nelda Martinez (1 2 , Brian Rosas 1._
Rudy Garza Lucy Rubio _a-9Z–
Chad Magill __./ Mark Scott ___IgL
Colleen McIntyre Ole Carolyn Vaughn thlf–
Lillian
Riojas ____4_
The foregoAgEdinance w s read for the second time and passed finally on
this the day of va_ , 20 1by the following vote:
01 /
Nelda Martinez _ Brian Rosas i
Rudy Garza —(LLucy Rubio / /
Chad Magill Mark Scott IL
n
Colleen McIntyre (,(,c Carolyn Vaughn
Lillian Riojas
PASSED AND APPROVED this the day of (1/)fit Q. 20 t�
ATTEST: \LIC
ebecca Huerta Nelda Martinez
City Secretary Mayor
030483
Job No. 08896.B4.10
LI .- ■ RBA Di November 16th,2014
ENGINEERING
Exhibit A
0.262 Acres,Road Closure
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes,for a 0.262 Acre,Road Closure,out of Lot 1,Block 1,Oso River Estates Unit 2,a map of which is recorded
in Volume 68,Pages 336-337,Map Records of Nueces County,Texas;said 0.262 Acres being more fully described by metes
and bounds as follows:
Beginning,at a 5/8 inch iron rod,with red plastic cap stamped"URBAN ENGR C.C.TX"found,on the Southwest
Right-of-Way of Williams Drive,a public roadway,the Southeast Line of the said Lot 24 and the said Lot 1,for the East corner
of this tract;
Thence,South 29°00'00"West,with the Southeast line of the said Lot 24,at 5.00 feet,pass the North corner of Lot 1,
Paul Jones Sports Complex,as recorded in Volume 67,Pages 495-496,of the said Map Records,in all 571.00 feet to a 5/8 inch
iron rod,with red plastic cap stamped"URBAN ENGR C.C.TX"found on the East corner of the Remainder of 174.425 Acre
Tract,described in an Exchange Deed,from Gladys Mattie Smith,to Gladys Mattie Smith Marital Trust,as recorded in
Document Number 201 I007302,of the Official Public Records of Nueces County,Texas,the South corner of the said Lot 1 and
of this tract;
Thence,North 61°00'00"West,with the Northeast line of the said Remainder of 174.425 Acre Tract,20.00 feet,to the
West corner of this tract;
Thence,North 29°00'00"East,571.00 feet,to the said Southwest Right-of-Way line,for the North corner of this tract;
Thence,South 61°00'00"East,20.00 feet,to the Point of Beginning,containing 0.262 acres(11,420 Square Feet)of
land,more or less.
Bearings are based on the record plat of Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in
Volume A,Pages 41-43,Map Records of Nueces County,Texas.
Unless this 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 sketch of tract described here'
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(361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
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Vol. 68, Pgs. 336-337, Mapw 0.202 Acres
Records of Nueces County, Texas p 8 (tt'420 sq Ft.)
8 8 Lot 1
NPaul Jones Sports Comp#ex
N N Vol. 67, Pgs. 495-496, Map
Records of Nueces County, Texas
LOT 24, SECTION 2$
FLOUR BLUFF AND ENCINAL FARE
AND GARDEN TRACTS
VOL A. FGS. 41-43, MAP
RECORDS OF NUECTE COUN'IY, TEXAS
ME DEARING DISTANCE
LI Ne1'00'00'W 20.00'
Remainder of 174.425 Acres L2 56100'00 20.00'
(Owners: Gladys Mattie Smith Marital Trust)
Doc.#201107302
300 200 100 0 200 400 Exhibit B
Sketch to Accompany
P IC ALE Fleldnotes, for a 0.262 Acre, Road Closure, out of Lot 1,
1' —200 Block 1, Oso River Estates Unit 2, a map of which is
recorded in Volume 68, Pages 336-337, Mop Records of
Nueces County, Texas.
Legend;
• Fd. 5/8" 1 R. wth red DATE: Nov 16. 2014
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ENGINEERING JOB NO.: 08896.84.10
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PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad #490152
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Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PUBLIC HEARING Whereas, ap which the annexed is a true copy,was
inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 03/29/15 Sun
CC-Internet - caller.com 03/29/15 Sun
L GAL SALES REPRESENTATIVE
On this I day of n , 20/ I certify that the attached document is a true
o
and exact copy made by pu lisher.
Notary Pu'lic, State-of exas
A - MICHELLE JOYCE CABRERA 0
mpires
V41 My CoMarch 19mission,201Ex6
CALLER TIMES I March 29,2015 I 7E
egals
NOTICE OF PUBLIC HEARING
Whereas, application hav-
ing been filed with the City
Council of the City of Cor-
pus Christi, Texas, to con-
sider•the abandoning and
vacating of the following
ti-public street right-of-way:
An undeveloped and unsur-
faced -I 420-sq, are foot
rtto'n .i62"aCYes3 of a
foot wide public right-of-
<<<.,way, out of Lot L'Block 1,
Oso River Estates Unit 2,and
requiring the owners,Breck-
enridge Group Corpus Chris-
ti Phase II, LP., to comply
with specified conditions.
NOW, THERFORE, NOTICE IS
HEREBY GIVEN TO THE PUB-
LIC: That a public hearing on
said application to consider
the closure and abandon-
ment will be held by the City
Council ih the Council Cham-
-bers of City Hall,1201 Leop-
ard, in the City of Corpus
Christi, Texas on Tuesday, •
April 14,2015 after 11:30 am
during the regular Council
meeting, at which time and
place all persons and par-
ties and/or their agents may
appear and be heard by the
said City Council.