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Home My WebLink About030484 ORD - 04/21/2015 Ordinance abandoning and vacating an undeveloped and unsurfaced 39,530-square foot portion (0.91 acre) of a 20-foot wide public right- of-way, out of Lots 23-24, Section 28, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owners, Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown, to comply with specified conditions. WHEREAS, Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown ("Owners") have requested the abandonment and vacation of an undeveloped and unsurfaced 39,530-square foot portion (0.91 acre) of a 20-foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff& Encinal Farm & Garden Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, March 31, 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 39,530-square foot portion (0.91 acre) of a 20-foot wide public right-of- way, out of Lots 23-24, Section 28, Flour Bluff& Encinal Farm & Garden Tracts, 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 Gladys Mattie Smith Marital Trust, Patricia Ray Peterson Nuss, and Christy Ann Peterson Brown ("Owners"), an undeveloped and unsurfaced 39,530-square foot portion (0.91 acre) of a 20-foot wide public right-of-way, out of Lots 23-24, Section 28, Flour Bluff& Encinal Farm & Garden Tracts, located south of the Williams Drive public street right-of-way and north of the Holly Road public street right-of-way, as recorded in Volume A, Pages 41-43, 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 030484 INDEXED 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 rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. The foregoi_nRordinance was read for the first time and passed to its second reading on this the day of CL 2 nit , 20 j�"Jj, by the following vote: Nelda Martinez ate__ Brian Rosas __OIL Rudy Garza a Lucy Rubio ___ILd Chad Magill t_____AMark Scott _iLaid_ Colleen McIntyre ace., Carolyn Vaughn Lillian Riojas Aly_e_ The foregoing ordinance was read for the second time and passed finally on this the RI qiay of /kappa. , 20 I', by the following vote: Nelda Martinez 0,�,Q., Brian Rosas ___C* Rudy Garza 4J Lucy Rubio _CLtaL Chad Magill 1,(j_f_�y Mark Scott _Ole,,_ Colleen McIntyre (;l,{/I . Carolyn Vaughn Lillian Riojas Qd PASSED AND APPROVED this the 2 \ day of (I2 Va.-, , 20 K A ,j, ..x_2_,,j4. 2 ..7,\TTEST: Rebecca Huerta Nelda Martinez City Secretary Mayor 030484 Job No. 08896.B4.10 Ill RBAN November 17th,2014 Lir". ENGINEERING Exhibit A 0.91 Acres, Road Closure STATE OF TEXAS COUNTY OF NUECES Fieldnotes,for a 0.91 Acre,Road Closure,of Lots 24 and 25,Section 28,Flour Bluff and Encinal Farm and Garden Tracts,a map of which is recorded in Volume A,Pages 41-43,of the Map Records of Nueces County,Texas,over and across 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 2011007302,of the Official Public Records of Nueces County,Texas;said 0.91 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 Northwest line of Lot 1,Paul Jones Sports Complex,as recorded in Volume 67,Pages 495-496,of the said Map Records,the South corner of Lot 1,Block 1, Oso River Estates Unit 2,a map of which is recorded in Volume 68,Pages 336-337,of the said Map Records,for a East corner of the said Remainder of 174.425 Acre tract and of this tract; Thence,South 29°00'00"West,with the Southeast line of the said Lot 24,being the Southeast line of the said 174.425 Acre Tract,the Northwest line of the said Lot 1,Paul Jones Sports Complex,at 722.72 feet pass the West corner of the said Lot 1,Paul Jones,continuing with the said Southeast line,in all 1976.50 feet,to the Northeast Right-of-Way of Holly Road,a public roadway,for the South corner of this tract; Thence,North 61°00'00"West,with the said Northeast Right-of-Way,20.00 feet,to the West corner of this tract; Thence,North 29°00'00"East, 1976.50 feet,to the Southwest line of the said Lot 1,Block 1,for the North corner of this tract; Thence,South 61°00'00"East,20.00 feet,to the Point of Beginning,containing 0.91 acres(39,530 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 herein. 0 URBAN ENGINEERING KE W.OOL Y \ o 5463 o+?pt-f Keith W. Wooley, yess,,,.y ,, License No. 5463 --,\S,UR`� S:\Surveying\8896\B410\OFFtCE\METES AND BOUNDS1008896B410_0.91 Ac-20RoadClosure_20141117.doc Page 1 of l (361)854-3101 2725 SWANTNER DR.• CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145 TBPLS Firm#10032400 .. _._._........�__._._...__ ...._....._.._.- 13 i B'ittan � 15 0 y gMissouri f00 CC 5-k- Aq onne j Williams v_-._..... . Williams Drive Bornh rt 0 ------ ---- 0 Decal -3 —YJIOn.—.._.._..— — — —]E E' Milky WoY Q Sparkle _ E Whisper Wind y 01 / Pe' i 5 o Sea a° piper 3 a c PQocv c 3 — I E o Lakeview Urso o .P o f W a E Vetters QJ N m 4 Sc.(d`' — c m L,5—r�s Piper I tv Spitfire \ j Po o S i t e cci Matfett Cor— ...,- Convoir J 1 � Sair ' Skykuiq LOCATION MAP N.T.S. i l c-6 Cessna _ N Holly Road; I COUNTY OF NUECES ' �a -I CITY OF CORPUS CHRISTI Williams _Drive fi } J . 25'x25'Southwestern Bell 32 5'J '-t- L — ` Easement (Doc. No. 37 5 `25'Y R 2001025767. 0.P.R.N.C.T.) o0 in 'l t SECTION 31 Lot 1, Block 1 M'' Oso River Estates Unit 2 0 Vol 68, Pgs 336-337, Mop o Lot 1 Records of Nueces County, Texas o Paul Jones Sports Complex Ln Vol 67, Pgs. 495-496, Map Records of Nueces County, Texas L2 T 24, CTION Point of Beginning LOT ,. 1<?.,;s � b `. cc; in , -717,0:--eLoi ine ''— 13 T1s x L .— 0 t 31 vol., t�( �, :t�is�� Q'@ W o Lor .�tC, a�+rs' 5,.7�5 �� 1 j t Remainder of 84.595 Acres 0 u- 5 ' 1 O 00 1110* Called Tract "A" a� 0 O ^� (Owner: Nuss Investment !LOT ;s�" '�"�l. .171.^1 r '?}r N O aoo,ri Partnership, Ltd ) Z 0 v Doc #2012049446 Remainder of 174.425 Acres N (Owners: Gladys Mottle Smith Marital Trust) UNE BEARING DISTANCE Doc.#201107302 Lt Ne1•O0'00`w 20.00' L2 Se1'OO'00'E 20.00' Holly Road L1 C-- _ Exhibit B 300 200 100 0 2 "-. 40Cl Sketch to Accompany RA HI SC LE Fieldnotes, for a 0.91 Acre, Rood Closure, of Lots 24 and 25, 200 Section 28, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, over and across a 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 2011007302, of the Legend: Official Public Records of Nueces County, Texas. • Fd. 5/8" I.R. with red DATE Nov. 16, 2014 plastic cop stomped DURBAN 7.1g13 1"=1 '"Urban Engr C.C. Tx" ENGINEERING NO.: 088961.84.10 7723 S,vedr SC,wr».a ra>x 7847' SHEET: 1 of 1 ,— ,. fim Mn 145 MS Am Mt 100.12021 7878'°"(g"'Sa' `''8' DRAWN BY: RLG 02014 by Urban Engineering -\ nleyn9v. 895vRa1Ov1 hIt3 8$�] R Fd1Q�,.vra T1/71/2014 9-21.4.7 anti f SS, o , PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad#490141 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 ', ,n LEGAL SALES REPRESENTATIVE On this day of , 20 ( 'NI certify that the attached document is a true and exact copy made by publi er. No a Public, •f exas 41 J"nrLn�k MICHELLEJOYCE CABRERA ,��ll My Commission Expires \\ March 19.2016 i CALLER-TIMES I March 29,2015 I 7E . K Lega�s 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 public street right-of-way: An undeveloped and unsur- faced 39,530-square foot portion (0.91 acres) of a 20-foot wide public right-of- way,out of Lots 23-24,Sec- tion 28, Flour Bluff & Enci- nal Farm & Garden Tracts and requiring the owners, Gladys Mattie Smith Marital Trust,Patricia Ray Peterson Nuss,and Christy Ann Peter- son Brown, 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 in 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. 4