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HomeMy WebLinkAbout030981 ORD - 10/11/2016 Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsurfaced 0.173 portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions. WHEREAS, AEP Texas (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 0.173 Acres portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, located at the south west corner of Flynn Parkway and Holly. This closure is being requested to allow AEP Texas to expand the existing and abutting substation. WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, September 27, 2016, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard. 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 0.173 portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, and requiring the owner, AEP Texas to comply with specified conditions BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to AEP Texas (Owner) is requesting the abandonment and vacation of an undeveloped and unsurfaced 0.173 Acres portion of a 39-foot wide public right-of-way, as shown and dedicated by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22, Page 63, Map Records of Nueces County, Texas, located at the south west corner of Flynn Parkway and Holly is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner' 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 the graphical representation for the metes and bounds description, and Exhibit "C" which is the 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 Owner' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of Street 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. b. In exchange for the City's grant of the Street closure the Owner agrees to provide the City with a one-time payment of$22,607.64 03008 INDEXED The foregging ordin nc s read f r the first time and passed to its second reading on this the ..71k--)day of ,-i')t.i,a - , 20�j c, by the following vote: Nelda Martinez I , ,_ Chad Magill I , / Carolyn Vaughn , ,', Colleen McIntyre i� Rudy Garza I IA Michael HunterI 2 Lucy Rubio 1A A-L Mark Scottv/A% Brian Rosas . I The foregoi ordinance was read for the second time and passed finally on f this the ay of —....) , 20 i�, by the following vote: Nelda Martinez I ._,! Chad Magill Carolyn Vaughn I Colleen McIntyre (IA i Ili Rudy Garza .04 Michael Hunter IL.// • Lucy Rubio I toMark Scott a. •A � fi Brian Rosas e PASSED AND APPROVED t is the I 01-day of Centle/W--) , 20 ATTEST: Rd;ik.e.d..-6--(LAzy _ \,...„„„ct,....t..,-s4; Rebecca Huerta elda Martinez City Secretary Mayor 030981 410 CDSmuerY ENGINEERS • SURVEYORS AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI,TX NUECES COUNTY,TEXAS 0.173 OF AN ACRE TRACT EXHIBIT"A" BEING a 0.173 of an acre tract of land lying in the E. Villareal Survey,Abstract t l Nueces County, same being a portion of Flynn Parkway(39 foot wide right-of-way)as described by a plat of Schanen Estates Unit 2 and recorded in volume 22, page 63,Map Records of Nueces County, Texas, same also being described by a drawing (0.173 Acre Tract.dwg dated August 17,2016)attached to and made part hereof and more particularly described as follows: BEGINNING at a 1/2" iron rod set with plastic cap stamped"CDS/MUERY S.A. TX."at the intersection of the south right-of-way line of Holly Road (varying width right-of-way) and the west right-of-way line of the aforementioned Flynn Parkway for the northeast corner of a 0.75 of an acre tract of land as described and recorded in volume 562, page 579, Deed Records of Nueces County, Texas, the most northerly northwest corner of the aforementioned Schanen Estates Unit 2,and the northwest corner of the herein described 0.173 of an acre tract; THENCE along the south right-of-way line of the aforementioned Holly Road and a north line of the aforementioned Schanen Estates Unit 2, S61°22'27"E a distance of 39.00 feet(Record—S61°01'40"E)to a 1/2" iron rod set with plastic cap stamped"CDS/MUERY S.A.TX."at the intersection of the south right-of-way line of said HollyRoad and the east right-of-way line of the aforementioned Flynn Parkway gh y y for the northwest corner of a 100 foot wide drainage easement as described in the plat of said Schanen Estates Unit 2 and the northeast corner of the herein described 0.173 of an acre tract; THENCE leaving the south right-of-way line of the aforementioned Holly Road and a north line of the aforementioned Schanen Estates Unit 2,along the east right-of-way line of the aforementioned Flynn Parkway and the west line of the aforementioned drainage easement,S28°39'13"W a distance of 193.76 feet(Record—S29°W) to a 1/2" iron rod set with plastic cap stamped "CDS/MUERY S.A. TX." for the southeast corner of the herein described 0.173 of an acre tract; THENCE leaving the east right-of-way line of the aforementioned Flynn Parkway and the west line of the aforementioned drainage easement,N61°20'47"W a distance of 39.00 feet to a 1/2" iron rod set with plastic cap stamped "CDS/MUERY S.A. TX." in the west right-of-way line of said Flynn Parkway and the east line of the aforementioned 0.75 of an acre tract,from which a 1/2" iron rod set with plastic cap stamped"CDS/MUERY S.A TX."for the northeast corner of Lot 1,Block 11, of the aforementioned Schanen Estates Unit 2 and the southeast corner of said 0.75 of an acre tract bears S28°39'13"W a distance of 15.00 feet; I � Page 1 of 3 0.173 Acre Tract.docx August 17,2016 3411 Magic Drive•San Antonio,Texas 78229• Phone: (210)581-1 1 1 I • Fax: (210)581-5555•TBPE No. F-1733•TBPLS No. 100495-00 AEP TEXAS CENTRAL COMPANY CITY OF CORPUS CHRISTI,TX NUECES COUNTY,TEXAS 0.173 OF AN ACRE TRACT THENCE along the west right-of-way line of the aforementioned Flynn Parkway and the east line of the aforementioned 0.75 of an acre tract,N28°39'13"E a distance of 193.74 feet(Record—N29°E)to the PLACE OF BEGINNING and containing 0.173 of an acre of land,all of which lies within the right-of-way limits of said Flynn Parkway. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System,NAD 1983(2011), South Zone. THE STATE OF TEXAS KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision in January,February and August 2016. 741 Date /7 day of ,t ,;, 2016 A.D. 'Sp '\sTeE��,- J .Kub *: o...* Registered Professional Land Surveyor JOHN T.KUBALA No.4505 -State of Texas %-.3 4505 v• 146 SURD Page 2 of 3 0.173 Acre Tract.docx August 17,2016 3411 Magic Drive•San Antonio,Texas 78229•Phone:(210)581-1 1 1 1 •Fax:(210)581-5555•TBPE No.F-1733•TBPLS No. 100495-00 'Qp� Pg. 3 of 3 Exhibit II ii LEGAL DESC. 0.173 ACRE TRACT.docx CDS JOB NO. 116013 Ry BEARING BASIS: GRID NORTH V 7Nc OLL COORDINATE SYSTEM: TEXAS STATE PLANE, k'ip J' NAD 1983(201 1), SOUTH ZONE Ty '/Q04/) ALL DISTANCES SHOWN ARE SURFACE. oF (GRID X 1.00003 = SURFACE) �qY) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. NO VISIBLE EASEMENTS OR EASEMENTS OF RECORD ARE DEPICTED HEREON. (�E'c A 5612 S6/. F:' ��e • 3gO 2.>, gogJ ,Q O- F ',347 93, •lyB3s) • ^\ POC. O.,>S dry '' .56,- s? p 4" OZ."•D �o R •ccS,9 AGO`^ QSc� q-) z_- V ti N ' 97s'31,‘-',9•,_. Q V J � Q.is 4 .3' c,) •O0, O' z COT' • �61: S ,0 e q2 4,1 e<Ock /7 3 4 p4)3Y tea. J,�� 00 06, *oi G rr O< 2,T2To_..- .1)t,. '1 o' ' o �" A. Ra•C sj ` w LEGEND " Y E. VILLAREAL SURVEY, 0- 1/2" IRON ROD SET WITH PLASTIC CAP 9.F.-. TFy ABSTRACT 1 STAMPED "CDS/MUERY S.A. TX." c9..2.P'\S T . POB- PLACE OF BEGINNING , RF's R- PROPERTY LINES *.'� O.* R.O.W.- RIGHT-OF-WAY 0.173 OF AN ACRE TRACT D.R.N.C.- DEED RECORDS OF NUECES COUNTY JOHN T. KUBALA M.R.N.C.- OFFICIAL RECORDS OF NUECES COUNTY / (RECORD)- RECORD CALL TAKEN FROM VOLUME 22, .. 4505 ,,; AEP TEXAS CENTRAL COMPANY PAGE 63, M.R.N.C. �'v •O S(f��O� E. VILLAREAL SURVEY, 60' 30' 0 6o' ���� ABSTRACT 1 NUECES COUNTY, TEXAS DRAWN BY: DATE: 1 CDS muerY A. FOX AUGUST 17, 2016 Zrif 6 9Y1 DRAWING NAME: PMS.-1'V,ir,: e ENGINEERS • SURVEYORS 111 I HACK DA. SM111.17.10 1,0“ B, 0.173 ACRE TRACT.dwg '�°•;^ TYE NO F.170•MRS MO.10195m 6 VICINITY MAP STREET CLOSURE \ 2046 ' / 1 \ / \ ._..__ 2512 I �/® 35 308 / Yi 666 -\ ~- / J 118891 'F YYFE ` • 69 m r---------------'4-.1- -L. / 13386. 229 �:. , _s .q � ._ _. Corpus Christi Ba y224404D ._-�_i \\ ; . , - EMI -k ® �3aMt:,. \ 361.. I I I/�t 86 \ I_ 77 cm \vin Gulf of ----I 2444 Alexic ® o STREET CLOSURE EXHIBIT C • , PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad # 1261293 PO# Before me, the undersigned, a Notary Public, this day personally came C 1 l5tvi 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 TO CONSIDER which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 09/11/16 Sun CC-Internet - caller.com 09/11/16 Sun -1C.i -1H/\— -- --. LEGAL SALES REPRESENTATIVE On this 21 day of9t• , 20 1 - l certify that the attached document is a true and exact copy made by publis r. j ( LP Notary Public, State of Texas ?• .:. MICHELLE JOYCE.CABRERA �4 :•:= My Notary ID#124864183 ��—'`` Expires March 19,2020 6E>> Sunday, September 11,2016»CALLER-TIMES Legals NOTICE OF PUBLIC HEARING TO CONSIDER ABANDON- MENT&VACATION OF RIGHT-OF-WAY APPLICA- TION(S)IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a pub- lic hearing on September 27, 2016 during a regular Coun- cil meeting which commenc- es at 11:30 a.m.in the Coun- cil Chambers,City Hall,1201 Leopard Street, to consider the following application(s) to abandon and vacate a right-of-way, which is/are on file in the Department of Development Services.At said time&place of hearing, persons&parties interested may appear before the City Council: Ordinance authorizing the City Manager or designee to abandon and vacate an undeveloped and unsur- faced 0.173 portion of a 39-foot wide public right-of- way, as shown and dedicat- ed by Schanen Estates Unit 2 Plat, a map of which is recorded in Volume 22,Page 63, Map Records of Nueces County, Texas, and requir- ing the owner,AEP Texas,to comply with specified con- ditions. Information may be obtained by calling or visiting the Department of Development Services at (361) 826-3240, 2406 Leopard Street. /s/Rebecca Huerta City Secretary Dor_: 20 16044075 O0°38 C% CITY OF CORPUS CHRISTI rdy CERTIFICATION OF PUBLIC RECORD HOfl:{IP FE 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. 030981, passed and approved by the Corpus Christi City Council on October 11, 2016 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 13th day of October, 2016. l� LtiC� Rebecca Huerta g; { `. ., City Secretary r" 54 Corpus Christi, Texas 1 052.- City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361) 826-3105 rebecc ccctexas.corn 3o8�r Doc: 2016044075 t F'a9es 8 10/19/2016 8:45AM Off icial Records of HUECES COUNTY KARA SANDS COUNTY CLERK Fees $43.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Racer Color, Religion, Sex, Handicap, Familial Status, or National Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. \ J.Saleh (361)826-3568 v, City of Corpus Christi Development Services/Special Services STATEOFCOUNTY TEXAS 2406 Leopard suite 100 I hereby certify that this instrument was FILED Corpus Christi, TX 78408 in f i le number sequence on the date and at the time stamped herein b9 me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS