HomeMy WebLinkAbout031040 ORD - 01/17/2017 Ordinance closing, abandoning, and vacating a 0.028-Acre portion of an existing utility
easement out of a part of Lot 16, Block 8 of Hopper Addition No. 2, located at 3749 Pope
Drive and requiring the owner, Fernando Fernandez, to comply with the specified
conditions; authorizing the City Manager or designee to execute a Utility Relocation
Agreement; appropriating $31,000 into Gas Fund #4130 to be used to cap an 8-inch
wrapped steel line and construct a new 8-inch wrapped steel line, and changing the FY
2016-2017 Operating Budget adopted by Ordinance number 030965-to increase
revenues and expenditures each by$31,000.
WHEREAS, Fernando Fernandez(Owner) is requesting the abandonment and vacation
of a 0.028-Acre portion of an existing utility easement out of a part of Lot 16, Block 8 of Hopper
Addition No. 2, located at 3749 Pope Drive;
WHEREAS, it has been determined that it is feasible and advantageous to the
City of Corpus Christi to abandon and vacate a 0.028-Acre portion of an existing utility
easement, 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 Fernando Fernandez ("Owner"), a 0.028-Acre portion
of an existing utility easement out of a part of Lot 16, Block 8 of Hopper Addition No. 2, located
at 3749 Pope Drive, as recorded in volume 34, page 139 Map Records of Nueces County,
Texas, is closed, abandoned, and vacated by the City of Corpus Christi ("City"), subject to the
Owner's compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A,"
which is a metes and bounds description and field notes, "Exhibit B," which is the graphical
representation of the legal, and "Exhibit C,"which is the location map which are attached to
and incorporated in this ordinance by reference as if it was fully set out herein in their
entireties.
SECTION 2. The closing, abandonment ,and vacation of the utility easement described
in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance
with the following requirements:
a. Owner dedicate a new utility easement of equal or greater value than the
property being released by the City in this easement closure action.
b. Owner contract with the City of Corpus Christi to cap the 8-inch wrapped steel
line that is beneath Property Owner's dwelling in the existing utility easement
and construct a new 8-inch wrapped steel line in the dedicated new utility
easement.
c. Upon approval by the City Council and issuance of the ordinance, all grants of
easement closure and specified conditions must be recorded at the Owner's
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.
031040
INDEXED
d. Failure to comply with all the conditions outlined in this Ordinance within 180
days will hereby make the Ordinance null and void.
SECTION 3. The City Manager or designee is authorized to execute Utility Relocation
Agreement for 3749 Pope Drive.
SECTION 4. That $31,000 is appropriated into the Gas Fund #4130 to be used to cap
an 8-inch wrapped steel line and construct a new 8-inch wrapped steel line.
SECTION 5. That the FY 2016-2017 Operating Budget adopted by Ordinance Number
030965 is hereby changed to increase revenues and expenditures by$31,000 each.
2
That the foregoing or inace�was r d for the first time and p sed to its second
reading on this the I C 'day of (&4 01. y the following vote:
Dan McQueen dt, Ben Molina 1
RudyGarza I 1
�., Lucy Rubio
/1.1
Paulette Guajardo Greg Smith • 4 /
a4 ! 1
Michael Hunter Carolyn Vaughn
Joe McComb 1n1 1
J
That the f Irrgoing ordin.nce was read for the second time and passed finally on this
the ' a of At LL '' ' , 2017, b the followingvote:
Dan McQueen I SA t Ben Molina it .A
i
Rudy Garza Lucy Rubio `'A.
Paulette Guajardo ' it Greg Smith I . A
Michael Hunter I.4,'; Carolyn Vaughn I .
Joe McComb t A 4
PASSED AND APPROVED, this the I 1 day of A i t 2017.
ATTEST: i il
kclac,eidL4-6--Art ,_ ... ...-----
Rebecca Huerta Dan Mco '''-
City Secretary Mayor
I
I3
()31040
I
EXHIBIT A
E9-Dev Services-Hopper Addition No.2
10'Utility Easement Closure
STATE OF TEXAS
COUNTY OF NUECES
BEING a tract of land containing 1,201.84 square feet(0.028 acres)of land out of Lot 16,Block 8,Hopper Addition NO.
2,a map of which is recorded in Volume 34,Page 139,Map Records of Nueces County,Texas.This 1,201.84 square foot
tract being more fully described by metes and bounds as follows:
Commencing at a point(no monumentation found or set)on the southwest boundary of Pope Drive,a 50 foot wide right-of-
way,for the east corner of Lot 15-A,Block 8,said Hopper Addition No.2 and for the north corner of said Lot 16,from which
corner a 5/8 inch iron rod found on said southwest boundary of Pope Drive for the east corner of Lot 13,Block 8 and the north
corner of Lot 14,Block 8,Hopper Addition Unit 2,a map of which is recorded in Volume 20,Page 88,bears North 61°58'00"
West,a distance of 135.06 feet(record=134.80 feet);
Thence,with the southwest boundary of said Pope Drive,same being the northeast boundary of said Lot 16,a distance of 1.93
feet(record=2.00 feet)to the Point of Beginning of this description and for the north corner(no monumentation found or set)
of this easement closure;
Thence,with the southwest boundary of said Pope Drive,same being the northeast boundary of said Lot 16 and of this
easement closure,South 61°58'00"East,a distance of 10.00 feet for the east corner(no monumentation found or set)of this
easement closure;
Thence,with the southeast boundary of this easement closure,South 26°50'30"West,a distance of 120.21 feet to the common
boundary of said Lot 16 and Lot 17-C,Block 8,Hopper Addition Unit 2,a map of which is recorded in Volume 56,Page 159,
for the south corner(no monumentation found or set)of this easement closure;
Thence,with said common boundary of Lot 16 and Lot 17-C,same being the southwest boundary of this easement closure,
North 61°58'00"West,a distance of 10.00 feet for the west corner(no monumentation found or set)of this easement closure,
from which corner the south corner of aforementioned Lot 15-C and the west corner of said Lot 16 bears North 61°58'00"
West,a distance of 4.43 feet(record=4.50 feet);
Thence,with the northwest boundary of this easement closure,North 26°50'30"East,a distance of 120.21 feet to the Point of
Beginning and containing 1,201.84 square feet(0.028 acres)of land.
Bearings based on GPS bearings,Texas State Plane Coordinate System,NAD83(2011)South Zone,.
STATE OF TEXAS
COUNTY OF NUECES
I,Russell D.Ochs,a Registered Professional Land Surveyor,hereby rti that the foregoing field notes were prepared by me
from a land survey made on the ground under my supervision. cep
•�‘ST FAF'1'.y �
This the 21st day of June,2016 * F� S
L( u/tet ) 01- RUSSELL D. OCHS
•
Y.
Russell D.Ochs,R.P.L.S. �gA��FEss�..y.40241 ir
State of Texas License No.5241 '15 t•;,
K:\Engineering\Survey\PROJECTSUN-E9-DEV SERVICES-HOPPER ADD-LOTS �` : MENTSUN-E9-DEV SERVICES-HOPPER ADD-
LOTS 15A-16-BLKS-EASEMENTS-CLOSURE-FN.docx Page 1 of 1
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I.R. = IRON ROD
I.P. = IRON PIPE
U.E. = UTILITY EASEMENT
M.R.N.C.T. = MAP RECORDS OF
NUECES COUNTY, TEXAS
NMFS= NO MONUMENTATION FOUND
OR SET
AFD. 5/8' I.R.
(50' WIDE RIGHT-OF-WAY)
POPE DRIVE
0
1 22' N 61'58'00" W 135.08' o
RECORD=134.80' i'5 -•
65.07'
t*.Ws (RECORD=65.00')
'POINT OF
COMMENCEMENT'
"POINT OF
BEGINNING"
FD. 1' I.P.
20.21'
13
(RECORD=19.74')
Iw
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68.06'
(RECORD -67.80')
FD. 5/8" I.R.
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01
I
FD. 5/8" I.R.
(RECORD=2.00')
1.93 61'58'00" E
10.00'
25' B.L.--/
14
19.34'!
RECORD=87.80')
N 28'02'00" E
(RECORD=120.00')
15—A
WAIFS
(RECORD=120.00
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5' U.E RECORD=85.00')
68.08'
`NMFS
FD 5/8" I.R.
30
5' U.E
-10
0
NMFS1 65.07
N 61'58'00" W 217.54'
(RECORD=217.54')
FD. 5/8" I.R.
55.09'
(RECORD=55.00')
0
1.29'
1,201.84 SQ.F'1
(0.028 ACRES
rrj
0
1%1
N /
MFS
16 t
(RECORD=65.00'1
85.07'
NMFS
SET 5/8' I.R. WITH CITY
/ OF CORPUS CHRIST CAP
FD. 5/8'
LOT 17—C, BLOCK 8
60 90 HOPPER ADDITION UNIT 2
(VOL. 56, PG. 159, M.R.N.C.T.)
MAP TO ACCOMPANY FIELDNOTES
E, FOR THE CLOSURE OF A 10.00 FOOT WIDE UTILITY
E EASEMENT OUT OF LOT 16, BLOCK 8, HOPPER
ADDITION NO. 2, A MAP OF WHICH IS RECORDED IN
LS VOLUME 34, PAGE 139, MAP RECORDS OF NUECES
COUNTY, TEXAS AND CONTAINING 1,201.84 SQUARE
Ig FEET (0.028 ACRES) OF LAND
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IRJ
BEARINGS SHOWN ARE B4SED
ON GPS BEARINGS, TEXAS STATE
PLANE COORDIM47E SYSTEM,
MAD83 (2011), TEXAS SOUTH
ZONE.
EXHIBIT B
\_N 61'58'00" W
4.43' 1D:00.-
(RECORD=4.50')
Revised: 7/26/2016 Added "EXHIBIT B"
w
Nw
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1-
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w
0
0
0
(85' WIDE RIGHT-OF-WAY)
FD. 1' I.P.
CITY of CORPUS CHRISTI, TEXAS
Engineering Services
Survey Division
361-826-3551
Date: 6/21/2016
Drown 8y.: JJS
Checked By: R0/ON I SHEET 1 OF 1
Project: E9 -DEV SERVICES -HOPPER ADD -EASEMENTS
1C\E/.er+nw\5 y\PROJ CIS\.N-r9-01V stRNc£S-NOPPOl ADO -LOTS OA- 76-t X 8-fASEYCNrs\
.M-E'a-OEY SERVICES-NOPP'ER ADP -L015 111 -IS -611.X a -EA. IENIS.dq
VICINITY MAP
HOPPER NUMBER 2. BLOCK 8. LOT 16
-4 25121--
0
EASEMENT CLOSURE
Exhibit C
THE STATE OF TEXAS §
COUNTY OF NUECES §
D lc 20 1 7004199
CITY OF CORPUS CHRISTI
CERTIFICATION OF PUBLIC RECORD
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. 031040
passed and approved by Corpus Christi City Council on January 17, 2017 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 January, 2017.
�w�ikc,er� f i + -v7
Rebecca Huerta
City Secretary
Corpus Christi, Texas
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3105
RebeccaH@cctexas.com
F-orm 1.
v of Corpus 6nristi
De is )pment Services/
Special Service
2406 Leopard, Suite ',C3
3
Cn )rpus Christi, TX 78408
Doc '201:7 C) fes- f
Y Poses 8
02/03/2017 8:37At1
Official Records of
NIECES COUNTY
KARA SANDS
COUNTY CLERK
IFPS $39.00
Any provision herein which restricts the Saler
Rental or use of the described
REAL PROPERTY because of Racer Color?
Religion? Sex? Handicap? Familial Status? or
National Orkin is invalid and unenforceable
under FEDERAL LAW: 3/12/89.
STATE OF TEXAS
COUNTY OF NUECE'
I hereby certify that this instrument was FILED
in file number sequence on the date and at the
time stamped herein by me? and was duly RECORDED
in the Official Public Records of
Nuei..es County? Texas
KARA SANDS
117