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Home My WebLink About030572 ORD - 08/11/2015 Ordinance abandoning and vacating an undeveloped and unsurfaced 21,300.84-square foot portion (0.489 acres) of a 20-foot wide public right-of-way, out of Lot 1, Section 32, Flour Bluff & Encinal Farm & Garden Tracts and requiring the owner, MPM Development, LP to comply with specified conditions. WHEREAS, MPM Development, LP ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 21,300.84-square foot portion (0.489 acres) of a 20-foot wide public right-of-way, out of Lot 1, Section 32, Flour Bluff & Encinal Farm & Garden Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, July 28, 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 21,300.84-square foot portion (0.489 acres) of a 20-foot wide public right-of-way, out of Lot 1, Section 32, Flour Bluff & Encinal Farm & Garden Tracts, subject to compliance by the Owner 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 MPM Development, LP ("Owner"), an undeveloped and unsurfaced 21 ,300.84-square foot portion (0.489 acres) of a 20-foot wide public right-of-way, out of Lot 1, Section 32, Flour Bluff & Encinal Farm & Garden Tracts, located south of Holly Road and east of Ennis Joslin 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. AEP is requiring that the Owner retain a minimum 15-foot wide utility easement, centered on the existing AEP utilities. c. 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 0305'7 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. d. Owner must comply with all specified conditions of the ordinance within 180 days of City Council approval. The foregop g ordinance as read for the first time and passed to its second reading on this the '1 CPt y of , 20 6 by the following vote: ___* Nelda Martinez , / r Brian Rosas I ' Rudy Garza Lucy Rubio (? 1 / Chad Magill / Mark Scott ' Colleen McIntyre 0Carolyn Vaughn �/ Lillian Riojas --i(i The foreggin ordinance s read for the second time and passed finally on this the \‘ l'' day of �.tt ,, , 20 l5, by the following vote: Nelda Martinez 01.� Brian Rosas Lt Rudy Garza •I 2 Lucy Rubio Chad Magill I:1,%,! Mark Scott Colleen McIntyre t' Al Carolyn Vaughn Lillian Riojas I./ 1 i _ PASSED AND APPROVED this theI f day of ot.i.k.C/1.t./Yt. , 20\5. ATTEST: (.. s..>"."•.---' C''''' ........ 7 2A-L-e-C ,X1. i' L4-1. Rebecca Huerta Nelda Martinez City Secretary Mayor 030572 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 AUGUST 25,2014 M&B-ROAD CLO.doc ROAD CLOSURE TRACT STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.489 acre tract of land,more or less,a portion of Lot 1, Section 32,Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Pages 41 - 43, Map Records, Nueces County,Texas,said 0.489 acre tract of land as further described by metes and bounds as follows: BEGINNING at the easternmost corner of Lot "A", Block 1, Monte Verde at Terra Mar Unit 1, a map of which is recorded in Volume 65,Pages 76&77,said maps records,said beginning point for the northernmost corner of the tract herein described and being in the southwest right-of-way line of Holly Road; THENCE S60°32'52"E 20.00' along said southwest right-of-way line of Holly Road to a point for the easternmost corner of the tract herein described; THENCE S28°39'45"W 1,065.06'to a point for the southernmost corner of the tract herein described; THENCE N61°21'15"W 20.00' to a point for the westernmost corner of the tract herein described and southernmost corner of Lot 21,Block 1,said Monte Verde at Terra Mar Unit 1; THENCE N28°39'45"E 1065.34'along the southeast boundary line of said Monte Verde at Terra Mar Unit 1 to the POINT OF BEGINNING,a sketch showing said 0.489 acre tract for road closure being attached hereto as Exhibit"B". ;art ,_ '�� ' � .4:44 Zia"( NIXC tit.WELSH '� .... ..... .... t•-Nixon M.Welsh,R.P.L.S. n 2211 'en ,G SuRV EXHIBIT "A" Page 1 of 1 =ME? Z--=.- As (Iv ,40 Ci 70' DRAINAGE ROW, V. °j' 65, P. 76 6c 77, M.R. As o~ ' VO Try v 6' 4/047. • \ °R4 ?% 449 o °~ N6�• °� 0'8' e, 449 er ,�¢��O Y�r 21• 7) Co, • 6SFR/g1 2p•O IS• �6 p ,o o• If o sy �o' 52839• �3 7��ss345F ' Rt C - 40/33'5,-191?-40 ss M 'Qo as 1 4• 9 l o s °p °p, °Dain, 3�4'c; o 6'e:�- 'os °06 9 °:��. utv 47x-, ON 5Fo 41 6 C- Iese c1 3 s .e ti o g89 qc oN i►> h„ y 3� Q0 ,Z0" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1• = 200' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO F-52. FILE: EXB-ROAD CLO. JOB NO. 14002. SCALE: 1" - 200' EXHIBIT B PLOT SCALE: SAME, PLOT DATE: 08/25/2014 SHEET 1 OF 1 It PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 600660 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, an which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 07/12/15 Sun CC-Internet - caller.com 07/12/15 Sun .......A.,..) , yULA- -. LEGAL SALES REPRESENTATIVE On this jillay ofEI-IGAL, 20 CJI certify that the attached document is a true and exact copy made by publisher. K. .../. ..).--- Notary Public, State of Texas C4'"n.;on,'t, MICHELLE JOYCE CABRERA My Commission Expires March 19,2016 C= s CALLER-TIMES « Sunday,July 12,2015 <C 7E L gals NOTICE OF PUBLIC HEARING Whereas, an application has been filed with the City Council of the City of Corpus Christi, Texas, to consider abandoning and vacating an undeveloped and unsur- faced 21,300.84-square foot portion (0.489 acre) of a 20-foot wide public right-of- way out of Lot 1,Section 32, Flour Bluff&Encinal Farm& Garden Tracts and requir- ing the owner, MPM Devel- opment, LP to comply with specified conditions. NOW, THERFORE, NOTICE IS HEREBY GIVEN TO THE PUBLIC that a public hearing on the application to con- sider the abandonment and vacation will be held by the City Council in the Council Chambers of City Hall, 1201 Leopard Street, In the City of Corpus Christi,Texas,on Tuesday July 28, 2015,after 11:30 a.m.during the regular Council meeting, at which time and place all persons and parties or their agents may appear and be heard by the City Council. /s/Rebecca Huerta City Secretary 5 ;. • Goig"s CC o� CITY OF CORPUS CHRISTI O'er �- Ur CERTIFICATION OF PUBLIC RECORD 491.1 NGflP00.Pt 1852 Dorms 21�151 X3621�4- 4 Wages b 09/14/2015 10:0601 Official Records of NUECES COUNTY THE STATE OF TEXAS § KARA SANDS COUNTY CLERK Fees $3L00 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. 030572, passed and approved by the Corpus Christi City Council on August 11, 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. Rebecca Huerta City Secretary Corpus Christi, Texas (SEAL) City of Corpus Christi Rebecca Huerta, City Secretary P.O.Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 rebecc a cctexas.com