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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' OF '- URBAN ENGINEERING ,`P(4. re9 �y'. -441"-r—Z, KE1TH W.WOpI.E" 1 Keith W. Wooley, ' � .P.L. SVAv� License No. 5463 S;1Su veying\8896\B4101OFFICEIMETES AND BOUNDS1008896B410_0.262Ac-20RoadClosure 20141116:doc Page 1of1 (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 TBPLS Firm #10032400 iMissouri Cr C5, A Dune Ov , ' Williams �. N J 1 Williams riv 7 BBarnh rt c Milky Way m �" 3 ...c Sparkle E Whist) r Win — eoi 1 I• c Seo m Omer co c P of c°=-°' Lakeview Di v —Q-L� r. a ' Ursa N v Q E Vet • Piper I Sa atY Site • g,Spitfire I 4 3 I. Convair a, Mof ett r c-Sow or f LOCATION MAP N.T.S. Road Sow Cessna � o Holly I COUNTY OF NUECES T'{-" 1 CITY OF CORPUS CHRISTI - - -Wifii _-Dri e -f ' -e 8 25'x255outhweatem ea 32 5J - 7- Easement (Doc. 37 5— No. 25'Y R 2001025767. 0.P.R.N.C.T.) O 8 7 r Lot 1, Block 1 In N Oso River Estates Unit 2 ----2' wide Rood Mauro 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 plastic cop stomped Urban Engr C Tx" I .7S�+ALE: 1 X100' ENGINEERING JOB NO.: 08896.84.10 »e SHEET: 1 of 1 Roc MO 1151-JIM r■e fel a..aor DRAWN BY: RLG 92. 4 b Urban it.ineeri • PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad #490152 PO# 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.