HomeMy WebLinkAbout031152 ORD - 05/23/2017 Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right-
of-way tract containing partially developed and surfaced street of Airheart Point
Road and adjacent .071 and .017 acre portions of the existing right-of-way
adjacent to Ocean Drive, as shown on the Plat of Alta-Vista on the Bay, a map of
which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas,
and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and
George and Gippie Hawn), to comply with specified conditions.
WHEREAS, Matthew A Comay, Sandra McKinnon and George and Gippie Hawn ("the
abutting owners") have requested the abandonment and vacation of a partially developed and
surfaced street of 0.737 Acre Tract, being Airheart Point Road and adjacent .071 and .017 acre
portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta-Vista on
the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas.
WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, May
16, 2017, during a meeting of the City Council, during which all interested parties and citizens
could 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 partially developed and surfaced street of 0.737 Acre Tract, being
Airheart Point Road and adjacent .071 and .017 acre portions of the existing right-of-way adjacent to
Ocean Drive, as shown on the Plat of Alta-Vista on the Bay, a map of which is recorded in Volume 1,
Page 22, Map Records of Nueces County, Texas, subject to compliance by the abutting 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 Article X, §1(a) (11) of the City Charter and Section 49-12 of the Corpus
Christi Code of Ordinances, the 0.737 Acre portion of a public right-of-way tract containing partially
developed and surfaced street of Airheart Point Road and adjacent .071 and .017 acre portions of
the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of Alta-Vista on the Bay, a
map of which is recorded in Volume 1, Page 22, Map Records of Nueces County, Texas is closed,
abandoned and vacated by the City of Corpus Christi ("City"), subject to the abutting owners'
compliance with the conditions specified in Section 2 and retained utility easements specified in
Section 3 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject
portion, and 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 closure, abandonment, and vacation of the public street right-of-way described in
Section 1 of this ordinance is expressly conditioned upon the adjacent Owners' compliance with the
following requirements:
a. A utility easement is retained over the entire vacated area in favor of City departments
and franchised utility companies.
b. An access easement is retained over the entire vacated area in favor of the City.
c. The maintenance responsibilities, including mowing, for the abandoned and vacated
area reverts to the abutting owners.
031152.
INDEXED
d. Payment of the fair market value be made in the amount of$54,733.00 per the City
Code of Ordinances, Sec. 49-12, (c)(4). Failure to comply with this condition within 180
calendar days will hereby make this Ordinance null and void
e. Upon approval by the City Council and issuance of the ordinance, all grants of right of
way vacation 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
properties are located, with a copy of the recording provided to the City. Failure to
comply with this condition within 180 calendar days will hereby make this Ordinance null
and void.
SECTION 3. The closure, abandonment, and vacation of the right of way does not close, abandon, or
vacate the City's utility easements. This ordinance retains utility and access easement over the entire
vacated area in favor of City departments and franchised utility companies. Utility Easement
specifically includes:
a. 0.737 Acre Right-of-Way of Airheart Point Road to be closed and retained as a Storm
Water easement with access to existing improvements;
b. 0.22 Acre of existing northeast Right-of-Way adjacent to Ocean Drive to be closed and
retained as a utility easement with access to existing gas line located in the utility
easement.
T 7pt�V�-te foregoing ordinance was read for the first time and passed to its second reading on this the
Pti'ay of 2017, by the following vote:
Mayor V QWBen Molina 4r 4 a
Rudy Garza 1 - AL Lucy Rubio 12!../
Paulette Guajardo ii, Greg Smith I!.
4
Michael Hunter $Wry Carolyn Vaughn _ _, I
Joe McComb
---IVI 0
That the fore ooiwordinance was read for the second time and passed finally on
-O
this the a " "aay of , 2017, by the following vote:
Mayor McComb I # Ben Molina _____4___
Rudy Garza / Lucy Rubio L
/4 /
Paulette Guajardo J Greg Smith
Michael Hunter /.t Carolyn VaughnALL
Council Member V GtAid-
'D a_
PASSED AND APPROVED on this the day of , 2017.
ATTEST:
kRe ecca Huerta Jo,. cComb
City Secretary M. ►r
03115 2
LIURBAN
ENGINEERING
Job No. 29172B600
June 23,2016
Revised: April 4,2017
EXHIBIT "A"
0.825 Acre Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes,for a 0.825 Acre Tract,being a portion of the existing Northeast Right-of-Way
of Ocean Drive, a public roadway, all of Airheart Road, and portions of Lots 6, 7, 8, 9, as shown
on the Plat of Alta-Vista on the Bay,a map of which is recorded in Volume 1,Page 22,of the Map
Records of Nueces County,Texas,the said 0.825 Acre Tact being more fully described as follows:
Beginning, at a 5/8 Inch Iron Rod Found, on the apparent Northeast Right-of-Way line of
the said Ocean Drive, being the South corner of the said Lot 7, the West corner of Lot 8, of the
said Alta-Vista on the Bay,the West corner of Lot 8,of the said Alta-Vista on the Bay,for a corner
of this Tract;
Thence, South 33°05'47" East, with the Southwest line of the said Lot 8, and Lot 9, of the
said Alta-Vista on the Bay, 100.13 Feet,to an"X"Cut in concrete Found, being the South corner
of the said Lot 9, the West corner of the said Airheart Road, for an inner ell corner of this Tract;
Thence, North 58°39'01" East, with Southeast line of the said Lot 9, and the Northwest
Right-of-Way line of the said Airheart Road, at 284.00 Feet, pass an "X" Cut in concrete Set, in
all a distance of 286.55 Feet, to the South corner of a 0.092 Acre Easement, described in an
Amendment of Easement, recorded in Document Number 655290,of the Official Public Records
of Nueces County,Texas,being the East corner of the said Lot 9,for the North corner of this Tract;
Thence, South 48°14'44" East, 96.21 Feet, to the North corner of a 3.0117 Acre Tract
described in a Special Warranty Deed from Michael D. McKinnon, to Sandra E. McKinnon,
recorded in Document Number 2002032463, of the said Official Public Records, for the East
corner of this Tract;
Thence, South 60°02'12" West,with the Northwest line of the said 3.0117 Acre Tract, and
the Southeast Right-of-Way line of the said Airheart Road, 312.04 Feet, to a 5/8 Inch Iron Rod
Found, on the apparent Northeast Right-of-Way line of the said Ocean Drive, for the common
corner of the said Airheart Road, the said 3.0117 Acre Tract, and this Tract;
Thence,South 32°43'43" East,with the common line of the said apparent Northeast Right-
of-Way line of Ocean Drive and the said 3.0117 Acre Tract, 3.48 Feet, to an outer ell corner of
this Tract;
S:\Surveying\29172\a6001OFFICE\METES AND BOUNDS\FN_29172B600.docx Page I of 2
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
TBPE, Firm# 145•TBPLS Firm#10032400
Thence, South 60°00'40" West, with the said common line, 86.61 Feet, to a 5/8 Inch Iron
Rod Found, being the West corner of the said 3.0117 Acre Tract,for the South corner of this Tract •
and for the beginning of a non-tangent curve to the Left, having a delta of 22°20'42", a Radius of
765.00 Feet,an arc length of 298.34 Feet, and a chord which bears North 16°07'39" West, 296.46
Feet;
Thence, with the said non-tangent curve to the Left, 298.34 Feet, for the said Northeast
Right-of-Way line,the West corner of Lot 6,of the said Alta-Vista on the Bay,from whence a 5/8
Inch Iron Rod Found, bears South 58°49'46" West, 5.05 Feet;
Thence, South 33°05'47" East, 100.09 Feet, to the Point of Beginning, containing 0.825
Acres(35,959 SqFt)of Land, more or less.
Grid Bearings and Distances described herein are referenced to the Texas Coordinate
System of 1983, Texas South Zone 4205, and are based on the North American Datum of
1983(2011)Epoch 2010.00.
Unless this fieldnotes description, including preamble, seal and signature, appears in its
entirety, in its original form, surveyor assumes no responsibility for its accuracy.
The purpose of this description is for a Right-of-Way Closure, and a State Shoreline
Boundary was not performed or determined. •
Also reference accompanying sketch of Tract described herein.
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JAMES DAVID CARR;
' 6458 / James D. Carr, R.P.L.S.
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9?''Ess' ' %' License No. 6458
S:\Surveying\29172\8600\OFFICE\METES AND BOUNDS\FN_29172B600.docx Page 2 of 2
(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
www.urbaneng.com
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IMIINME
Note: The purpose of this Survey is for a ` ! \
Right—of—Way Closure, and a State Shoreline :$,
Boundary was not performed or determined. $ p' t\
i
0.66 Acre Tract !� \
Spy Surveyed by Naismith Engineering.Inc. ',' )e ' e.g 3\
t"' November 10,2005 � ,P � �$ Vi:',-.4.,\
s��\
�a0 George S. Hawn and Gippie W. Hawn . s
SS Doc. No.PR N.C.T. 702 .S 6p ,� �.:+ d4, /
I • / 296' a✓
say. E. /
ct 3 a6$ S
728.8 Sq. Feet VPs° j
gj/ 0.017 Acres Matthew 0 Camay Sr'• •
O� Doc. O.PR.N.C.T37106 jrR�
s� 0.825Acr ,
35,959 Sq. Ft-..
�J� 9S�
22'204 S (Tracts 1-3) 7,$rO" a 1-
L= 8:341 . .: S F / $�90\ ,` \
T 1. 1..09 . ... ..•. .. , /tract 2 �5 l'-'-',
9i gj/ 3103.6 Sq. Ft. °'
N. .6'0?.3- .. �1r-.'.'. !� 0.071 Acres rp°``
CL 29 :46.'.. o,, ..
Bim ...
9r'.'.. ```.
5640
y d
...;;Tract 1
C ...... 0.737 Acres
• %..'.'.'.."••'%... 3.0117 Acres
�. ., Doc. No. 2002032463
0.PR.N.C.T.
::: ::. 53243'43 Sandra E. McKinnon
3"4e(5 32'51'14" [.
..... _n 3.34•)
6
EXHIBIT ►B
a '' ' Sketch to Accompany
Legend FIELDNOTES, for a 0.825 Acre Tract, being a
• 5/8" Iron Rod Found portion of the existing Northeast Right—of—Way of
X ~x° Mark Found Ocean Drive, a public roadway, all of Airheart Point
"X" Mark Set Road, and portions of Lots 6, 7, 8, 9, as shown
• on the Plot of Alta—Vista on the Bay, a map of
0.605 Acre Right—of—Way (Airheart Point Road) which is recorded in Volume 1, Page 22, of the
to be Closed and retained as a Stormwater
i Easement with Access to existing Map Records of Nueces County, Texas.
Stormwater Improvements.
Exisiting Northeast Right—of—Way of Ocean Drive URBAN
to be Closed and retained as a Utility Easement.
REV: April 20, 2017 60 30 0' 60' ENGINEERING
DATE July 8, 2016 1 TBVE NM NQ 145.TBRS r No.10032400
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EXHIBIT "C"
Site Map to Accompany
FIELDNOTES, for a 0.825 Acre Tract, being a I
portion of the existing Northeast Right—of—Way of
Ocean Drive, a public roadway, all of Airheart Road,
and portions of Lots 6, 7, 8, 9, as shown on the
Plot of Alta—Vista on the Bay, a map of which is
recorded in Volume 1, Page 22, of the Map
Records of Nueces County, Texas.
L
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DATE: Juy 8, 2016
SCALE: 1 =60
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I
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: May 23, 2017 Legistar Number: 17-0542
Agenda Item:
Ordinance closing, abandoning, and vacating 0.737 Acre portion of a public right-of-way tract
containing partially developed and surfaced street of Airheart Point Road and adjacent .071 and
.017 acre portions of the existing right-of-way adjacent to Ocean Drive, as shown on the Plat of
Alta-Vista on the Bay, a map of which is recorded in Volume 1, Page 22, Map Records of Nueces
County, Texas, and requiring the abutting owners (Matthew A Comay, Sandra McKinnon and
George and Gippie Hawn), to comply with specified conditions.
Amount Required: $54,733.00
Fund Name Accounting Unit Account No. Activity No. Amount
Street CIP Fund 3530 203280 $54,733.00
Total $54,733.00
Certification Not Required
e -11C1
Director of Financial Services
Date: MAY 1 5 2017
w
PUBLISHER'S AFFIDAVIT
2011 MAY -5 id° 10: 36
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 1591353
PO#
Before me, the undersigned, a Notary Public, this day personally came 7. (a b.)U ( i , 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 04/30/17 Sun
CC-Internet - caller.com 0 /30/17 Sun
1111,
LEGAL SALES REPRESENTATIVE
On this day of rY\ , 20 L1 I certify that the attached document is a true
and exact copy made by publisher.
_—S--JL
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
MI:
Nc a ID#124864183
.'= c.2020
f o.SE Expire. Mach I
I
4E Sunday,April 30,2017 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:
Ordinance closing,abandon-
ing,and vacating 0.737 acre
portion of a public right-of-
way tract containing partial-
ly developed and surfaced
street of Airheart Point Road
and adjacent .071 and .017
acre portions of the exist-
ing right-of-way adjacent
to Ocean Drive, as shown
on the Plat of Alta-Vista on
the Bay, a map of which is
recorded in Volume 1, Page
22, Map Records of Nueces
County,Texas,and requiring
the abutting owners (Mat-
thew A Comay,Sandra McK-
innon and George and Gip-
pie Hawn), 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, May 16, 2017,
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
zt,�o1 3SC1Y„_ Doi-- 2017025-360
o
1iii '.'"•:.; CITY OF CORPUS CHRISTI
'r-^r
Ur CERTIFICATION OF PUBLIC RECORD
41-11
'ry'OPPONP�E'
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. 031152,
passed and approved by the Corpus Christi City Council on May 23, 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 7th day of June, 2017.
- -C. ( C C, (A.Q./(t.(7(
Rebecca Huerta
City Secretary
r' ! �. .0 Corpus Christi, Texas;#,,,,,f i;;sirt,-4,,,*,:lst
fi.
M
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361)826-3105
RebeccaH a cctexas.com
. .
Doct 201702F:360
4 Pages 10
06/16/2017 2:30PM
Official Records of
NUECES COUNTY
KARA SANDS
COUNTY CLERK
Fees $47.00
Any nrovision herein which restricts the Sale,
Rental or use of the described
REAL PROPERTY because of Race, Color,
Religion, Sex, Handicap, 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
r� ' ~J time stomned herein by me, and was duly RECORDED
« �^"' in the Official Public Records of
r y of \����u� w�^`�m Nueces County, Texas
�1evt� >p0Oent Services/
KARA SANDS
Special �����^��� �� ~���l
�� ~ ' St — */- �- � •
* 1
•
2406 Leopard, Suite .C3