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HomeMy WebLinkAbout031100 ORD - 03/28/2017 Ordinance abandoning and vacating a 233-square foot portion of an existing utility easement out of a part of Padre Island- Corpus Christi No. 4, Block 235, Lot 1, located at 15401 Dyna Street and requiring the owner, Hadi Mostaghasi d/b/a H & M Homes, to comply with the specified conditions. Collecting a one-time fee for fair market value of $830.06 WHEREAS, Hadi Mostaghasi d/b/a H & M Homes (Owner) is requesting the abandonment and vacation of a 233-square foot portion of an existing utility easement out of a part of Padre Island- Corpus Christi No. 4, Block 235, Lot 1, located at 15401 Dyna Street; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 233-square foot portion of an existing utility easement, subject to compliance by the Owners 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 Hadi Mostaghasi d/b/a H & M Homes ("Owner"), a 233-square foot portion of an existing utility easement out of a part of Padre Island- Corpus Christi No. 4, Block 235, Lot 1, located at 15401 Dyna Street, as recorded in Volume 33, Pages 44-47, 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 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 abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of easement 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 easement closure the Owner agrees to provide the City with a one-time payment of$830.06 c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. 031100 INDEXED That the foregoing or in ce was r d for the.fir time and passed to its second reading on this the *I ay of �' n ftkci2. 17, by the following vote: Mayor V aUk. Ben Molina /., Rudy Garza i!' 1 Lucy Rubio Il,• I Paulette Guajardo it Greg Smith I . 1�jj MA Michael Hunter /, Carolyn Vaughn i Joe McComb it That thR fQQKe oing ordinance was ��e�lad tor the second time and passed finally on this the i ay of t C1,'</-2017, by the following vote: Mayor VO 1.Ak Ben Molina 11-i Rudy Garza • A Lucy Rubio i4 I IPaulette Guajardo 1� ! Greg Smith I1 1 Michael Hunter 1 '0 Carolyn Vaughn I ' Joe McComb . ,I 0 41r PASSED AND APPROVED on this the 23day of ' Y CtiVC Y2017. ATTEST: I<61DCe.,tei- )4,LCA/L ( 4.4 Rebecca Huerta Mayor City Secretary 0311. 00 STATE OF TEXAS COUNTY OF NUECES EXHIBIT A Field Notes of a 233 SF tract out of a 7.5'utility easement out of Lot 1,Block 235,Padre Island Corpus Christi No.4,as shown on a map recorded in Volume 33,Pages 44—47,Map Records of Nueces County, Texas.Said 233 SF tract being more particularly described as follows: COMMENCING at a 5/8"iron rod found in west right of way of Dyna Street for the common east corner of Lots I and 2,THENCE with the west right of way of Dyna Street,North 00°47'04"East,a distance of 4.75 feet to a point for the southeast corner of this survey and the POINT OF BEGINNING. THENCE with the west right of way of Dyna Street North 00°47'04"East,a distance of 2.75 feet to a point for the northeast corner of the said 7.5'utility easement and for the northeast corner of this survey,from WHENCE a 5/8"iron rod found for the northeast comer of Lot 1 bears North 00047'04"East,a distance of 57.51 feet. THENCE with the north line of said 7.5' utility easement,North 89°12'56"East,a distance of 85.00 feet to a point for the northwest corner of this survey. THENCE South 00°47'04"West,a distance of 2.75 feet to a point for the southwest corner of this survey. THENCE South 89°12'56"West,a distance of 85.00 feet to the POINT OF BEGINNING of this survey, and containing 233 SF of land,more or less. Notes: 1.)Bearings are based on Global Positioning System NAD 83(93)4205 Datum. 2.)A Map of equal date accompanies this Metes and Bounds description. 3.)Set 5/8"iron rod=iron rod set with yellow plastic cap labeled Brister Surveying. I,Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day November 10.2016 and is correct to the best of my knowledge and belief. onaa9&. ff-iatir- Ronaldd E.Brister,RPLS No.5407 Date:November 10,2016. ,,,y0.4447-9d,:4E • RONALD E BR!STER ` -, 5107 r ' � r SURV� • Job No. 161669 Sheet 1 of 3 SURVEY OF ,M1\ A 233 SQUARE FOOT TRACT OUT OF A 7.5'EASEMENT OUT OF LOT 1,BLOCK 235,PADRE ISLAND CORPUS CHRISTI NO.4,AS SHOWN ON A MAP RECORDED 11 id e IN VOLUME 33,PAGES 44-47,MAP RECORDS NUECES COUNTY,TEXAS. EXHIBIT B SCALE 1"=20' -, 7.5'LLE-i — III 1 L3 iii • ..POINT ©•FOUND 5le'IRON ROD / LOT 2,BLOCK 235 r ^' LOT 1, BLOCK 235 PI-CCNO.4 u PI-CCNO.4 VOL.33.,P.44-47 m VOL.33., P.44-47 M.R.N.C.T. ` M.R.N.C.T. 1F. UTILITY 1 EASEMENT / CLOSURE NOTES: 233 S.F. I)TOTAL SUR V EY ED AREA IS 0.033 ACRES. 2.)MEASURED BEARINGS ARE BASED ON GLOBAL POSrrpON ING SYSTEM NAD 83(93)4:05 DATUM II 3)A METES AND BOUNDS DESCRIPTION OF Ll:N00'4T 04'E 4.75'(MEAS) EQUAL DATES ACCOMPANIES THIS SURVEY U:N00°47 GCE,2.75'(MEAS) p L3:SOO'47'04-W, 2.75 (MEAS) p Ott C_ NW'47'OrE 5751' MEAS O SIIEET2OF7 15401 DYNA STREET 60' RIGHT OF WAY THIS SURVEY DOES NOT NCLUDE lifE NOVEMBER!0,ZOIG RESEARCH.INVESTIGATION,OR LOCATIONS OF SV RYt S DAIt ALL SERVITUDES,EASEMENTS,RIGHT OF WAYS. - Z E OF jF OR uTlLii IES ON*FIBS PROPERTY. I Cq ,.a�G qF-.'T i RONALD E.'MISTER DO HEREBY CERTIFY Brister Surveying THATTH{SSURVF.YOFTF[EPROPERTYLf:GALLY * * DESCRIBED HEREIN WAS MADE ON THE GROUND 4659 Ererhan Sum IW ' RONALD E BRISTER THIS DAY NOVEMBER ID.ml6 AND IS CORRECT Corpus C7lnui Texas 78411 ' 5407 TO T OF MY KNOWLEDGE AND BEI IEF Of!361.850-'goo `� Fu 36I.85(F180? T e•9 .DfE55' 'Oe-r V I({J�BGi�G 1..-f.`���� BriuersurvryinBG{m�irus�Wtbc.com •_'�Sjj J � Farm Registration No 80072800 RONALD E.MUSTER R.P.LS. NO 5407 EXHIBIT C - 1< /� LOT 42,BLOCK 235 PI-CCNO.4 VOL 33.,P.44-47 SCALE 1"=20' M.R.N.C.T. 75'U.E U to Z3 > 0 LOT 2,BLOCK 235 t» LOT 1,BLOCK 235 " v PI-CCNO.4 PI-CCNO.4 K VOL.33.,P.44-47 VOL 33.,P.44-47 M.R.N.C.T. M.R.N.C.T. V 3•e.L J 0 0 0 15401 DYNA STREET 60'RIGHT OF WAY SNEET]OF] ©••POUND SW IRON ROD' CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: March,1;2017 Legistar Number: 17-0256 Agenda Item: Ordinance abandoning and vacating a 233-square foot portion of an existing utility easement out of a part of Padre Island- Corpus Christi No. 4, Block 235, Lot 1, located at 15401 Dyna Street and requiring the owner, Hadi Mostaghasi d/b/a H & M Homes, to comply with the specified conditions. Collecting a one-time fee for fair market value of $830.06. Amount Required: $830.06 Fund Name Accounting Unit Account No. Activity No. Amount Development 4670-11200-888 302112 $830.06 Services Total $830.06 Certification Not Required Director of Financial Services Date: MAR 2 0 2017 0 4USC'j32, 1'Clia 01 z�013 �4-s GO "�' o� =h�I �i CITY OF CORPUS CHRISTI ' r CERTIFICATION OF PUBLIC RECORD v ce-oxa'0 182 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. 031100, passed and approved by the Corpus Christi City Council on March 28, 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 31st day of March, 2017. Rebecca Huerta _ City Secretary P...» Corpus Christi, Texas , morN '3i ‘........4t. City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)826-3105 RebeccaH@cctexas.com . . Doc 2011.761 -4-75846 Pages 8 04/10/2017 12:49PM Official Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $43.00 Any nrovision herein which restricts the Sule? Rental or use of the described REAL PROPERTY because of Race, Color Relision, Sex, Hondicon, 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 senoence on the date and at the time stumned herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas KARA SANDS _ - NM: �' _�^^c�3f�/1~.— . .w ' � y` � mf [�O00Us 'n 's� * Special Se .ce.:-: 2406 �w�� ' *� �"°r=�" ~^�^~~ '~~