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Home My WebLink About030602 ORD - 09/08/2015 Ordinance abandoning and vacating an undeveloped and unsurfaced 5,445.00- square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and 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 5,445.00-square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, August 25, 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 5,445.00-square foot portion (0.125 acres) of public right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and 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 5,445.00-square foot portion (0.125 acres) of public right- of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located west Airline Road and north of Empire State Drive 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 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. 0 3 0 6 0 2 INDEXED c. A 60 FT wide utility easement is dedicated within 180 days of City Council approval. The foregpiN4, ordinance was read for the first time and passed to its second reading on this theay of �(.( ,0A' , 20j by the following vote: Nelda Martinez Brian Rosas . , 2 Rudy Garzai °I ,! Lucy Rubio itl'.J: Chad Magill ' .4: Mark Scott �, / Colleen McIntyre i Carolyn Vaughn iiO4/,( Al Lillian Riojas fJ.: The foreggici&dinance w rea forth second time and passed finally on this the day of , 20 1.5 by the following ote: Nelda Martinez /A 1 Brian Rosas Rudy Garza ri.J ' Lucy Rubio I I Chad Magill �: Mark Scott I, , Colleen McIntyre I i ' Carolyn Vaughn ___64# Lillian Riojas I g4.1 PASSED AND APPROVED this the N day of , 20 �~". ATTEST: 1252__LC./...e" /41..i,-Q-,L& Rebecca Huerta Nelda Martine City Secretary Mayor 030602 MURRAY BASS,JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.LS. 361 882-5521-- FAX 361 882.1265 www.bass-welsh.com c-mail: murrayjr@aol.com c-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 January 14,2015 03026-M&B-Closure.doc Road Closure STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.125 acre tract of land, more or less,for road closure, a portion of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume "A", Page 41 —43, Map Records, Nueces county,Texas,said 0.125 acre tract is also a part of a 60'road right-of- way described by instrument recorded at Volume 1676, Page 452, Deed Records of said county, said 0.125 acre tract of land for road closure as further described by metes and bounds as follows: BEGINNING at a point in the northeast right-of-way line of said 60'road right-of-way for the easternmost or southeast corner of the tract herein described and which bears S61°00'00"E 13.78'and S29°00'00"W 200.46' from the southernmost corner of Lot 16, Block 2, Bordeaux Place Unit 1, a map of which is recorded in Volume 61,Pages 179—181,said map records,said beginning point being in the arc of a circular curve to the left having a central angle of 44°17'30", a radius of 200.00' and a chord bearing N83°08'45"W a distance of 150.79'; THENCE along the arc of said circular curve to the left a distance of 154.61'to the point of curvature of a circular curve to the right having a central angle of 22°10'22", a radius of 15.00' and a chord bearing S85°47'41"W a distance of 5.77'; THENCE along the arc of said circular curve to the right a distance of 5.80' to a point for south central corner of the tract herein described in the southwest right-of-way line of said 60'road right-of-way; THENCE N61°00'00"W 11.30'along said southwest right-of-way line of 60' road right-of-way to a point for south central corner of the tract herein described in the arc of a curvature of a circular curve to the right having a central angle of 21°02'14",a radius of 15.00'and a chord bearing N28°21'45"W a distance of 5.48'; THENCE along the arc of said circular curve to the right a distance of 5.51'to the point of tangency; THENCE N17°50'38"W 83.40'to a point in said northeast right-of-way line of 60'road right-of-way for the northwest corner of the tract herein described; THENCE along said northeast right-of-way line of 60' road right-of-way S61°00'00"E 221.24'to the POINT OF BEGINNING, a sketch showing said 0.125 acre tract of land for road closure being attached hereto as Exhibit"B". OF -�, b�*t Mtge: NIXON IA.WELSH .,. •••• ••••• •••. . I .A. 2211 , , Nixon M.Welsh,R.P.LS. sill �*7•.�II111l1NQ• 'a quay_ --- EXHIBIT "A" Page 1 of 1 BORDEAUX PLACE UNIT 1, BLK 2, 8 V. 61, P. 179 - 181, M. R. RO.1T;-- 11 121 Ir 13 14 15 16 17 CITY PARK RFc g� Pr, 7- S61' rS61' 00' 00'E 13. 78'1 o� STREET CLOSURE o 0 TRACT, 0, 1E5 AC. °`N N S61'00' 00'E 221. 24' 0 N17'S0' 38' W -0' ROAD ROW, V. 1676, A 83. 40' P. 452, D. R. 0 0 N61'00' 00'W 11. 30' D=44'17'30' D=22'10'22' D=21.02' 14' R=200. 00' R=15. 00' R=15.00' T=81. 40' T=2. 94' T=2. 79' L=154. 61' L=5. 80' L=5. 51' a 50' 100' 200' CB=N83'08'45'W CB=S85'47'41'W CB=N28'21'45'W CH=150. 79' CH=5. 77' CH=5. 48' • ■ ■ SCALES 1'= 100' EXHIBIT NB' SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1•=100' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. N0. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR CLOSURE, J08 NO. 03026, SCALE: 1' = 100' PLOT SCALE: SAME, PLOT DATE: 1/14/15. SHEET 1 OF 1 (7) \ 0 = V v�R P4 ¢ pV, PF7 a�� J 01,0\\ 1.3V% BROCKHAMPTON ST. BROOKE RD. STREET TO BE CLOSED, A PORTI❑N OF A DEDICATED/NOT w EMPIRE ST•TE DR. CONSTRUCTED STREETL>i WIN z �2 •RK DR. z WALL ST. a z u 0 500' 1000' 2000' SCALE: 1'= 1000' L❑CATI ❑N MAP STREET ROW TO BE CLOSED IN PROPOSED BORDEAUX PLACE UNIT 4 1'=1000' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ROAD CLO LOC MAP, JOB NO. 03026, SCALE: 1" = 1000' PLOT SCALE: SAME, PLOT DATE: 7/6/15, SHEET 1 OF 1 BORDEAUX PLACE UNIT 4 STREET CLOSURE Bordeaux Place Unit 4 Street Closure y37 C�Gpq C/pR��FR 0 MAIN N -2' Rp IH 37 HWY44 BEAR H- Vicinity Map co O co -i 41 0 A. CR 28 U CR 26 cr.9 �o S FM 43 S4Rq)o ,co °C&-- -1, 2 Q FM 665 Gq Q" ? 03 T� m� U U `r CO 0 co CSG 64- �Jv 0 y Jv Y �� 0 CR 14 U = to v CR 12 v WHITECAP FM 70 v WINN PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 637605 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 08/09/15 Sun CC-Internet - caller.com 08/09/15 Sun 1 , LEGAL - • LES REPRESENTATIVE On this l l day of , 20 1 > I certify that the attached document is a true and exact copy made by publish Notary Public, State of Texas nU�( MICHELLE JOYCE CABRERA My Commission Expires ,7^, March 19.2016 a 6E>>Sunday,August 9,2015>>CALLER-TIMES Legals 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 5,445.00-square foot portion(0.125 acres)of pub- lic right-of-way, out of Lots 13, 14, 19 and 20, Section 20, Flour Bluff and Encinal Farm and Garden Tracts and requiring the owner, MPM Development, 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 August 25, 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 1 Dc a 201!BSI400c8 �yUS cam` CO `4p C c Am t CITY OF CORPUS CHRISTI -, CERTIFICATION OF PUBLIC RECORD 1852 THE STATE OF TEXAS § 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. 030602, passed and approved by the Corpus Christi City Council on September 8, 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 23rd day of September, 2015. r? L k Rebecca Huerta ,;% City Secretary .a 'd _ '' ire\,f Corpus Christi, Texas 07 , .r ITN i i y la' `4ca6: .040 City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 rebecc «cctexas.coro / c 011 FojA E .�iil eet f) .(V.�/o 11 f) $ Wi C te5. 1) 1)j /ice eii j ci., ,t-iI 1 et TAS C r%S 1 • ‘ )._Z-161P Leirlfd .1-"' ' D-r-piA.5 Cabri'Sf"j j Be 7 /O ' Doc4 20 11: 1:1.4-00015 8 i Pages . ' Q' 10/06/2015 12e43PM Off inn]. Records of' NUECES COUNTY KARA SANDS COUNTY CLERK Fees $35400 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sexy Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUEC:ES I hereby certify that this instrument wo.s FILED in file number sequence on the date and at the time stamped herein by mei and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS jE • ] '�y