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Home My WebLink About030559 ORD - 07/21/2015 Ordinance abandoning and vacating a 17,405.20-square foot portion of an existing 20-foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way; and requiring the owner, Ronald S. Browning to comply with the specified conditions. WHEREAS, Ronald S. Browning (Owner) is requesting the abandonment and vacation of a 17,405.20-square foot portion of an existing 20-foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 17,405.20-square foot portion of an existing 20-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 Ronald S. Browning ("Owner"), a 17,405.20-square foot portion of an existing 20-foot wide utility easement out of a part of Lots 1-2, Block 1, Brighton Park Addition, located west of the Rodd Field Road (SH 357) state right-of-way, and north of the Airline Road public street right-of-way, as recorded in Volume 68, Pages 394-395, 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 and field notes map in Document No. 2004024340, is attached to and incorporated in this ordinance by reference as if it was 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. 03055) INDEXED The foregoingordinance was read f r the first time and assed to its second reading on this the 1 Lt. day of , 20 13 by the following vote: Nelda Martinez ,A . , 1 Chad Magill A , ,' Carolyn Vaughn fit Colleen McIntyre I ./ Rudy Garza I./• Lillian Riojas `. A 4 Lucy Rubio . A. Mark Scott '1 A4• ___*Brian Rosas The foregoin prdinance as read for the second time nd passed finally on this the �i? day of , 20 I by the following vote: Nelda Martinez O-10110-43 Chad Magill —a1-2p Carolyn Vaughn 01-4-)t, Colleen McIntyre 1 Rudy Garza `� Lillian Riojas Lucy Rubio , Mark Scott ___0+- 0 Brian Rosas i PASSED AND APPROVED this the 0-' of k-x-,9 , 2016. ATTEST: 7itilae,C,C, dve,47. Rebecca Huerta Nelda Martinez City Secretary Mayor 030559 TRACT 415 DacI 2884824348 Utility Easement STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF NUECES § That the undersigned,"GRANTOR"(whether one or more)of 7082 Lake View Drive,Corpus Chrfsti,Texas. 78412.5041,In consideration of Ten Dollars($10 00)and other good and valuable consideration,paid by the CITY OF CORPUS CHRISTI, a Texas Home Rule municipal corporation, 1201 Leopard Street,Nueces County,Texas 78459- 0277,("GRANTEE")the receipt and sufficiency of which Is hereby acknowledged, has GRANTED,SOLD,and CONVEYED,and does hereby GRANT,SELL,and CONVEY to Grantee, its successors, legal representatives and assigns, the free and uninterrupted use,liberty,privilege,and exclusive easement of going in,on,over,under, and along a certain tract of land situated in Nueces County,Texas (the •Premises", together with free ingress,egress, and regress within said easement by Grantee its duly authorized agents,servants,and franchisees,to be used from time to time far the municipal purpose of constructing,laying,operating,inspecting,servicing,repairing maintaining,replacing keeping, end removing public utility tines (including above arid below ground appurtenances therein)on over under,end along the Premises described In Exhibit'A' attached hereto and adopted by this reference for all purposes GRANTOR FURTHER GRANTS, SELLS, AND CONVEYS TO GRANTEE, a Temporary Construction Easement described es an additional Filly foal wide construction easement,west of and adjacent to the ebove-desaibed Miley easement.Said temporary construction easement will be used for the purpose of providing working room end Storage of materials and machinery during the constructing or laying of the Initial pubkc utility line under the terms of this grant This Temporary Construction Easement automatically terminates upon completion and acceptance by the City Manager of the City of Corpus Christi. Texas of the Initial Line laid or constructed The location of the 167655 5 EXHIBIT A TRACT 415 above-described utility easement and temporary construction easement are more particularly described try the plat identified as Exhibit'8'attached hereto and adopted by this reference as a part hereof for all purposes The nghts conveyed to the Grantee herein are easements only and there is reserved unto the Grantor, Grantor's heirs, executors and assigns, the use and enjoyment of the Premises subject only to the dominant right of the Grantee to the full use and enjoyment of the same, without interference, for the purposes for which the same are herein conveyed. The City of Corpus Christi shall,from time to time,after any construction under the terms of this easement, restore the surface of land within the easement areas as Ready as practicable to the same condition,as existed prior to such construction Grantee shalt have no right to use any of Grantor's property outside the easements herein conveyed TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi,Texas,its successors,legal representatives and assigns for the above-described utility easement and temporary construction easement for the municipal purpose and uses herein above-described for so long as the same are used for such purpose, end it the use of said easement is ever abandoned then the aforesaid tights and privies cease Signed this 9 day of A-pr)j ,2004. Grantor Ronald S.Brownie 2 15768$5 TRACT 41I THE STATE OF /L145" § COUNTY OF ,VU '5 § This instrument was acknowledged before me on 1 fr4 ef t' 1q-/Y131 2004.by Ronald S Browning leace >• r. rr.-t rov,co Notary Public, ale or 7 0C raj.r I suurIWI ACCEPTED for the City of Corpus Christi. a municipal corporation and body politic under the laws of the State of Texas on f1A r .2004. • Grantee CITY OF CORPUS CHRISTI,TEXAS P.O.Box 9277 City Hall,1201 Leopard Street THIRD FLOOR • Department of Engineering Services PROPERTY AND LAND ACQUISITION DIVISION • • risti.Texas 78489.9277 ft r , '11' I-Arit‘&9981,545942ffiliagA George K. Noe, City Manager APPROVED AS TO LEGAL FORM ON h.�.r ,i .2004 for the CITY ATTORNEY 1 Joseph Ha ey,Asststint City Attorney City Legal Department THE STATE OF TEXAS § § COUNTY OF NUECES § i iia ment was acknowledged before me on 2004•by'ArigakftxrcumbousediklittfAibititaliMEWAGeorge R. Noe Sas;doeqafoRt 'Ay of Corpus Christi,a Texas municipal corporation,on behalf of said asCity Manager corporation. r NS 11. � —cf of • tame N P rMvro Cewua^owes • ,':�. �•e No,nrWt 2037 Not Pubic,State of Texas �Z ? K UIttux1Wu 187633 s ATrz51 3 r.. refDoom_.._...�� I! �Y rit .4.-.-:^:�F.r ..t :: —st.•r1Aoval • Job No.33760A205 October 9,7003 I m' BAN ENGIN EERLNG (361)854 3101 P 0 BOX 6355 •COnPl15 CHR.51t TEXAS 78466 6356 TAX(361)854.6004 Ex111B1r 4 TRACT 415 STATE OF TEXAS COUNTY OF NUECES Fieldnotes fora 20 00 foot wide utility easement out ora 23.00 acre tract of land;said 25.00 acre tract being out of Lois 22,23,25 and 26,Section 20,Flour Bluff&Encino]Farm&Garden Tracts,a map of which is recorded in Volume A. Pages 41 ihru 43,Map Records ofNueces County,Texas and being the same property conveyed in deed recorded in Document No.913419,Deed Records of Nueecs County,said utility easement being further described as follows: Beginning at a point on the existing northwest boundary of Rodd Field Road fora comer of said 25.00 acre tract and for the south corner of this easement,from which corner the centerline intersection of Rodd Field Road and Stough Road,a public 40 foot roadway,bears South 61'19'49"East 60.00 feet and thence South 20°40'11"West 219.6E feet and from which beginning point a found concrete mono:neat bears North 211'40'11"East 0.25 feet and from which Point of Beginning a National Geodetic Survey monument stamped"55-100"bears South 79'25'06" West 14,473.45 feet and another National Geodetic Survey monument stamped"SR.070"bears South 44°16'14"East 9,591.30 feel; Thence,South 55'14'05"West,with the northwest flare right-of-way of rod Filed Road,same being the existing southwest boundary of said 25.00 acre tract and the southwest boundary of this easement,44.72 feet for the west corner of Obis eawement, Thence,North 211°40'11'Fast,with the northwest boundary(Willis easement,parallel with the existing northwest boundary of Rodd Field Road and 20,00 feet distant there from,measured at right angles thereto,a distance or 590.26 feet to the common boundary otsaid 25.00 acre tract and of a 3.456 acre tract(Document No.177262,Official Records of Nueces County,Texas)for the north corner of this easement; Thence,South 61'19'49"East,with the with the above mentioned common boundary,same being the northeast boundary of said 25.00 este tract and of this easement,20.00 feet Ina M inch iron rod found for the south corner of said 3 456 acre tract,for die cast corner of said 25,00 acre tract and for the west comer of this easement. the same being the Thence, South nurtt Neu boundary of ReddrHel� boundary of said lar with S st nte:i tract acre and 60.00 feet distant there from. measured at right angles thereto,550.26 feet to the Point of Beginning and containing 17,405 201 square feet of-land. Bearings based on GPS bearings,NAD13,Texas South Zone. National Geodetic Survey monuments-SR-070" (North coordinate•17,123,255.1563 East coordinate-1,355,946,5964)and"SS-100"(North coordinate=17,127,465.1516 East coordinate=1,335,024.1126)were used as control points for establishing basis of bearing. Coordinates shown are based oa Texas State Plane Coordinate System,South lone(NAD13). URBAN ENGINEERING •Att.8te tit �t ,N, 9. • „ ........ •�!: JIR' .) License No 4909 4909 AR.R.P.1..5. f•��t 'w• auii►v- 41NtirDsi mju376a.Mo31F'NEYTnmTS\3376oA=oyf7;-7n3IsJx Pape 1 at 7725 SWANTNER DIT •CORPUS CHRISTI,TEXAS moo monOurbonenp.corn L. > ' 2 Oft 23 Mfl l 20 twine SW??N MINN.tAloI AID OAIbfli TilAL45 ��. y VOL.A. PIS.41.43. MAP I RECORDS OF NUM COUi1Y.TEXAS at. 1134at1.a► W wrwlrt-�-w.2. a I I 241.4x. illi 1 4r1. 3 05 4bill Li1t.. *t Atli! k Co . N28'40'11 eE S 890.28' 1 1 Nt iWmmdl lK t17.�mi0f m RJ I J 1 !A COIL •' fI4.a/R.L0. 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'• to`" Q rw� ed heist, ad a"'RID ki Plato 411fdlas'ac 'd'dkk r rw Sak Riddrif ret Caf StC.yf>nCetNara*d an.4). r�y'�Gta a Rim Cab C@R1 apW St• 0,4,-Ad Mb WI1Zt'fsCQIIIIT TEM ita 74 City of Corpus Christi x: P.O.Box 9277 Department of Engineering Service PROPERTY&LAND ACQUISITION DIV. Corpus Christi,Texas 78459-9277 GO % O� CITY OF CORPUS CHRISTI r CERTIFICATION OF PUBLIC RECORD "'onvan f0 1852 Dort 2015036215 t Pages 10 09/14/2015 10:O6AM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK THE STATE OF TEXAS Fees 47.00 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. 030559, passed and approved by the Corpus Christi City Council on July 21, 2015 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. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 24th day of August, 2015. l1414.-^-Ck Rebecca Huerta City Secretary Corpus Christi, Texas (S E AL) City of Corpus Christi Rebecca Huerta, City Secretary P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 rebeccah@cctexas.com 7P?A g9 ‘G -7