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HomeMy WebLinkAbout031301 ORD - 12/12/2017 Ordinance closing, abandoning and vacating an undeveloped and unsurfaced 479.16-square foot (0.011 acre) parcel of public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas and requiring the owner, VMB Equity Properties, LLC., to comply with specified conditions. WHEREAS, VMB Equity Properties, LLC., ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 479.16-square foot (0.011 acre) of an approximate 40-foot wide public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 14, 2017, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard; WHEREAS, no further payment shall be required because Corpus Christi Code, Sec. 49-12(c)(4) exempts payment of the fair market value when an abandoned street is unimproved and not used for any public street purpose and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate the subject portion of the undeveloped and unsurfaced 479.16-square foot (0.011 acre) of an approximate 40-foot wide public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas, 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 VMB Equity Properties, LLC., ("Owner"), an undeveloped and unsurfaced 479.16-square foot portion (0.011 acre) portion of an approximate 40-foot wide public right-of-way, portion out of Bohemian Colony Lands, Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map records of Nueces County, Texas, located south of Saratoga Boulevard and west of Zenith Drive, is closed, 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 closing, 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. Upon approval by the City Council and issuance of the ordinance, all grants of public street right-of-way closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, 031301 INDEXED in which the affected property is located, with a copy of the recording provided to the City. Failure to record as required by this Ordinance within 180 calendar days will hereby make this Ordinance null and void SECTION 3. The Maintenance responsibilities for the vacated public street right-of-way reverts to VMB Equity Properties, LLC., (Owner). That the foregoing orclin zJe was read for the first time and passed to its second reading on this the I ' day of `1/16V L 17, by the following vote: Joe McComb I./: Ben Molina C10424 Rudy Garza .I1_4° Lucy Rubio Li Paulette Guajardo I I Greg Smith t4! I IMichael Hunter / Carolyn Vaughn i Debbie Lindsey-Opel 1f a That the forAgoing dinance was read for the second time and passed finally on this the 1,, ay of �Qle,_2017, by the following vote: Joe McComb " Ben Molina / 1 Rudy Garza 10 ' Luc Rubio Y 11,4 0 Paulette Guajardo ' Greg Smith Id i Michael Hunter Carolyn Vaughn ii Debbie Lindsey-Opel 0 ' ' ' PASSED AND APPROVED on this the i 7:-Ilday of , 017. ATTEST: Rei -U-e-e - 191/UL4-1--\ A(4‘ Wt (AAO'Yl41 Rebecca Huerta J.- cComb City Secretary - or 031301 MURRAY BASS, JR., P.E.,R.P.L.S. 3054 S. ALAMEDA, ZIP 78404 NIXON M. WELSH, P.E.,R.P.L.S. 361 882-5521— FAX 361 882-1265 www.bass-welsh.com e-mail: murrayjr@aol.com e-mail: nixmw@aol.com BASS & WELSH ENGINEERING Engineering Firm Reg. No. F-52 Surveying Firm Reg. No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 February 21,2017 16043-M&B-STR-Closure.doc STATE OF TEXAS § COUNTY OF NUECES § Description of a 0.011 acre tract of land, more or less, a portion of Lot 1, Section 12, Bohemian Colony Lands,a map of which is recorded in Volume"A",Page 48,Map Records,Nueces County,Texas,said 0.011 acre tract of land for street closure as further described by metes and bounds as follows: BEGINNING at the point of intersection of the northwest boundary line of said Lot 1 and the southwest right-of-way line of Saratoga Boulevard (SH 357), said beginning point for the northernmost corner of the tract herein described and southwesterly right-of-way corner of said Saratoga boulevard; THENCE across a southwesterly portion of the right-of-way of Saratoga Boulevard S61°49'32"E 40.00'to a point for the easternmost corner of the tract herein described and point of curvature of a circular curve to the left having a central angle of 90°00'00",a radius of 10.00'and a chord bearing S73°10'28"W a distance of 14.14'; THENCE along the arc of said circular curve to the left, being along a southwesterly right-of-way line of said Saratoga Boulevard,a distance of 15.71'to the point of tangency; THENCE S28°10'28"W 5.00'along a southwesterly right-of-way line of said Saratoga Boulevard to a point for the southernmost corner of the tract herein described and southwesterly right-of-way corner of said Saratoga Boulevard; THENCE N61°49'32"W 30.12' along a southwesterly right-of-way line of said Saratoga Boulevard to a point for the westernmost corner of the tract herein described and southwesterly right-of-way corner of said Saratoga Boulevard; THENCE along said northwest boundary line of Lot 1,being along a southwesterly right-of-way line of said Saratoga Boulevard, N28°37'19"E 15.00' to the POINT OF BEGINNING, a sketch showing said 0.011 acre tract of land being attached hereto as Exhibit "B", this description not being based on an on-the-ground survey. 1.#on M.Welsh,R.P.L.S. , , NIX614 M.WELSH ' . ' 2211 EXHIBIT "A" Page 1 of 1 CURVE DATA S 10 A=90'00'00" =1 O.O 0' C T=10.00' L=15.71' C� \ CB=S73'10'28'W O SgRArOC CH=14.14' N \ ` d � � Sy �S) STREET CLOSURE TRACT, 0.011 ACRES N28°37'19"E • S61°49'32"E 15.00'---___, 40.00' o (.) X67 4 • 1 �4 • at•ti • 7 , �.1' ^�oq•..4. ^ry=a& 2 S28°1 0'28"W °Q'•�� s 5.00 �Q.- (2 02 V ms's= o��S2 9 v 0o EXHIBIT "B" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTION 1°=20' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR CLOSURE, JOB NO. 16043, SCALE: 1" = 20' PLOT SCALE: SAME, PLOT DATE: 2/21/17, SHEET 1 OF 1 C STREET CLOSURE N TRACT, 0.011 ACRES Sqk. ro cq e4 VO ti 2F4 7;f 3S) O,p 4441 eirANs 44/ O,Q - ,ye ti o. SyA, mo 11'04, Y "Q�• OR O4,0 4 R. LOCATION MAP 1" = 500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR LOC, JOB NO. 16043, SCALE: 1" = 500' PLOT SCALE: SAME, PLOT DATE: 3/20/17, SHEET 1 OF 1 PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueces } Ad# 1802823 PO# Before me, the undersigned, a Notary Public,this day personally came Z?iLP.LXt , who being first duly sworn. according to law, says that she is LEGAL SALES REPRESENATIVEJJJJJJAND 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 Carpus Christi Caller-Times on: CC-Corpus Christi Caller-Times 10/29/17 Sun CC-Internet - caller.com 10/29/17 Sun gaigtaiii 1_ LEGAL SALES REPRESENTAY VE On this I S+ day of N oV12 n- bele— , 20 l i I certify that the attached document is a true and exact copy made by publisher. L-t ADSH P. Notar Public, State of Texas kY:,, sywhAPPER iii _.........._. ,...MY Notary lD%126819773 .oY, { Expires FebnJary 27,2627 4E Sunday,October 29,2017 Caller-Times Legals NOTICE OF PUBLIC HEARING Whereas, an application has been filed with the City Council of the City of Cor- pus Christi, Texas, to con- sider: Ordinance abandon- ing and vacating an unde- veloped and unsurfaced 479.16-square foot (0.011 acre) parcel of public right- of-way,portion out of Bohe- mian Colony Lands,Section 12, Lot 1, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County,Texas,and requiring the owner,VMB Equity Prop- erties, LLC., 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,November 14,2017, 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