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HomeMy WebLinkAbout030618 ORD - 09/22/2015 ORDINANCE ABANDONING AND VACATING AN UNDEVELOPED AND UNSURFACED 22,021-SQUARE FOOT (0.51 ACRES) PORTION OF A 60- FOOT WIDE PUBLIC RIGHT-OF-WAY, PORTION OUT OF NAVIGATION INDUSTRIAL PARK SECTION 2, A MAP WHICH IS RECORDED IN VOLUME 27, PAGE 90, MAP RECORDS OF NUECES COUNTY , TEXAS TRACTS. AND REQUIRING THE OWNER, OMAHA DRIVE CAPITAL PARTNERS, LTD TO COMPLY WITH SPECIFIED CONDITIONS. WHEREAS, Omaha Drive Capital Partners, LTD ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 22,021-square foot portion (0.51 acres) portion of a 60-foot wide public right-of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 15, 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 22,021-square foot(0.51 acres) portion of a 60-foot wide public right-of- way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas 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 Omaha Drive Capital Partners, LTD ("Owner"), an undeveloped and unsurfaced 22,021-square foot portion (0.51 acres) portion of a 60- foot wide public right-of-way, portion out of Navigation Industrial Park Section 2, a map which is recorded in Volume 27, Page 90, Map records of Nueces County, Texas Tracts, located west of N Omaha and south of Westway, as recorded in Volume 27, Pages 90, 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, Exhibit "B," which is a field notes map, and Exhibit "C" which is a location 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 030618 INDEXED 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. c. Dedicate a 60 feet wide utility easement over the public street right-of-way to be closed within 180 calendar days of City Council approval date. The forego or i trance w s read for`orthe first time and passed to its second reading on this the 1 � a of 20 15 b the following vote: Nelda Martinez Brian Rosas 10 --/6.1 � Rudy Garza ` , ' AL .1 Lucy Rubio 1.1L Chad Magill / . Mark Scott _.*____ Colleen McIntyre 1 lL Carolyn Vaughn a,,( , 1 —11 Lillian Riojas The forego'n or finance was rea for the second time and passed finally on this the '/_ of S� ��✓ , 20 ICj, by the following vote: Nelda Martinez (1.b412_,0— Brian Rosas Rudy Garza Lucy Rubio 4 Chad Magill 12, , ! Mark Scott 1._A. _ Colleen McIntyre , %` Carolyn Vaughn r�. )- Lillian Riojas ,_.).`I ' I 0 1--e9h PASSED AND APPROVED this the day of ` 20 ATTEST: l 25LiasZe.C.C. 14-x- S-A-ite-, \f% Rebecca Huerta Nelda Martinez City Secretary Mayor 030618 [ 1 URBAN ENGINEERING Job No.320938500 July 8,2015 Exhibit A 0,51 Acre Tract STATE,OF TEXAS COUNTY OF NUECES Fletdnotes for a 0.5I Acre Tract of land (not based on an on-the-ground Survey), being a portion of Terminal Street, dedicated by Mat of Navigation Industrial Park,Section 2,a map of which is recorded in Volume 27,Page 90,Map Records of Nueces County,Texas,said 0.51 Acre Tract being more fully described as follows: Beginning,at a Southeast comer of Lot 24,Block 5,of said Navigation Industrial Park,on the West Right-of-Way of North Omaha Drive,a 60'wide public roadway,for the North corner of this Tract; Thence,South 00°30'20"West,with the common line of the said West Right-of-Way and the East Right-of-Way of the said Terminal Street.80.24 Feet; Thence,South 00°05'00"East,with the said common line,8.99 Feet,to a Northeast corner of Lot 6,Block 4,Navigation Industrial Park,Section 2,a map of which is recorded in Volume 37,Page 168,of the said Map Records,being a Southeast corner of the said Terminal Street and this Tract,for the beginning of a non-tangent circular curve to the left,having a delta of 91°43'50",a radius of 10.00 Feet,an arc length of 16.01 Feet,and a chord which bears North 45°56'45"West, 14.35 Feet; Thence,with the said non-tangent circular curve to the left,the common line of the South Right-of-Way of the said Terminal Street and the said Lot 6, 16.01 Feet,to a Northeast corner of the said Lot 6,for a Southeast corner of this Tract; Thence,South 8891'20"West,with the said common line,354.70 Feet,to the Northwest corner of the said Lot 6,for the Southwest corner of this Tract, Thence,North 00°05'00"West,over and across the said Terminal Street,60.03 Feet,to the North Right-of-Way of the said Terminal Street,being the Southeast corner of Lot 4A,Block 3,Navigation Industrial Park,Section 2,a map of which is recorded in Volume 57,Pages 37-38,of said Map Records,the Southwest corner of Lot 22,of said Block 5,for the Northwest corner of this Tract; Thence,North 88°1170"East,with the common boundary line of the said North Right-of-Way of Terminal Street and the South line of the said Block 5,346.43 Feet,to a Southeast corner of the said Lot 24 and the beginning of a circular curve to the IeR, having a delta of 86°44'51",a radius of 20.00 Feet,an arc length of 30.28 Feet,and a chord which bears North 44°49'23"East, 27.47 Feet; Thence,with the said circular curve to the left,30.28 Feet,to the Point of Beginning,containing 0.51 Acres(22,021 SqFt) of land,more or less. Beatings based on the Plat of Navigation Industrial Park,Section 2,a map of which is recorded in Volume 27,Page 90,Map Records of Nucecs County,Texas Unless this fietdnotes 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 -i0 F q r fE e� *.' ' URBAN ENGINEER! IAMES.DAVID CARR' dkia<)6458 .. .,... 5K �.�'�FESStQ�� Q► James D.Carr,R.P.L.S. License No.6458 S.ISwveyingU20931B500‘OFFICEIMFTE.S AND BOUNDS/32093_0.5 IAcres_'rcnninalClosure Page I or t (361)854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanene.com TBPE, Firm#145•TBPLS Firm#10032400 a C1Ssrwury&fi ORM LW11,420011 441 am51w1.a_urfrrnatin&m.i.c fl.._ lm..7lafmtc xbtr,au t 111111111111111IMININIF 'Ili 1 ! 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DRAWN BY: COS urbansun syl Ourbanang.com County 01 NUC 02015 by Urban ENO:t ring , EXHIBIT C - TERMINAL ST RIGHT-OF-WAY CLOSURE Z CORNELIA CIR z O ALLEY LEOPARD CORNELIA ALL N O 0 c 0 LEOPARD ST 5,—RR'L'EOPARD'TA aA 0 J iiii 4,/p ,° �° Cy0 ° ° coR 44 cT u </ ,m Uq �F • O Q -2' ..\ '1 .0,9 4.45) 0 �� y Si , 10co ,� '1146,O 4,0R GU42- ct- ST O� 0 0 Gy }°= Co� 1p RIGHT-OF-WAY CLOSURE gyoR e9<o�/� q�q/< 0 ��� OCe ez- 0 0 ekfip e0R 41 Q- ii -13 w 00 q/4eO O „v TERMINAL T R S �Q� 0 q1F X as o 44, TSR z a x 00.. </eF R z SOUTHVIEW DR Re,SSFI /° roRyo 0R R 693? upRl�FR b O= MAIN 4-op ARO IH • AGNES ST LL 36 i1 44 EAR 9 9 Vicinity Map CR „ CR 34 a0 (9 9 Zi; cc F F a 0 CR 26 MC 1 CR 28 FM 43 �R9T0 �OCF� OC� y N s,��� Cq I ,T FM 665 Qv 2 Q X cc v 'SP OSO Q' O C9J U U U N r0 h k P cr,N CR 14 1 J2Q OJ U CR12 0 FM 70 v 7 WHITECAP GEMINI ST 0 WINN 11.4..;f , or- w CITY OF CORPUS CHRISTI CERTIFICATION OF PUBLIC RECORD aotU xcanvonaEo 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. 030618, passed and approved by the Corpus Christi City Council on September 22, 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 12th day of October, 2015. Rebecca Huerta City Secretary -NrOft:' Corpus Christi, Texas Vaiost 00. :(iFk t- *3 ''a`?` t't+tSYxSR .wds•"-.fir. 4tieYt 'v*a�snw „�„ .moo.: -`-�:+..:=�•�'wat City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 rebeccah@cctexas.corn . � . . . . . Doct 217.11F;042 -77 � Pages 7 10/23/2015 8:2501 Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $39.00 Any orovision herein which restricts the Saler Rental or use of the described REAL PROPERTY because of Racer Color, Religion, Sex, Hundicun, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number senuence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces Countx, Texas KARA SANDS � ~��. ^- r l ��� _ F70O: Z-414( S~| } - v 0 y' of Corpus ^nristi t: Do,:eiJpmert Services/ Special Service S 2406 Leopard, Suite '��� �~~p�'=' .�w PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 665981 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 08/30/15 Sun CC-Internet - caller.com 08/30/15 Sun LEGAL SALES REPRESENTATIVE On this 3 day of 4,47, 20 I‘ I certify that the attached document is a true and exact copy made by pu lisher. Notary Pu , ate o exas MICHELLE JOYCE CABRERA My Commission Expires March 19, 2016 -SAID WITH MEDI, OARD CONF# _., ,7ATE ..,,..�. CALLER-TIMES K Sunday,August 30,2015 a 7E 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 22,021-square foot (0.51 acres) portion of a 60-foot wide public right- of-way, portion out of Nav- igation Industrial Park Sec- tion 2, a map of which is recorded in Volume 27,Page 90, Map records of Nueces County, Texas Tracts and requiring the owner,Omaha Drive Capital Partners, LTD 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, September 15, 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