HomeMy WebLinkAbout031569 ORD - 10/09/2018 Ordinance closing, abandoning and vacating a 0.516-acre portion of Las Tunas
Drive, a platted unimproved road, out of Padre Island No. 1 and requiring
petitioner, Yasin Investment, LLC., to comply with specified conditions.
WHEREAS, Yasin Investment, LLC. (Owner) is requesting the closure,
abandonment and vacation of 0.516-acre tract of a unimproved public right-of-way, being
a portion of Las Tunas Drive, a platted unimproved road, out of Padre Island No.1, a map
which is recorded in Volume 13, Pages 3 and 4, Map Records of Nueces County, Texas,
located between Palmira Avenue and South Padre Island Drive (Park Road 22);
WHEREAS, with proper notice to the public, a public hearing was held on
Tuesday, September 25, 2018, 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 close, abandon and vacate a 0.516-acre tract of an existing
unimproved road, portion out of Padre Island No. 1, a map which is recorded in Volume
13, Pages 3 and 4, 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 Yasin Investment, LLC. (Owner), a 0.516-acre of
an existing unimproved road out of Padre Island No. 1, located between Palmira Avenue
and South Padre Island Drive (Park Road 22), as recorded in Volume 13, Pages 3 and 4
of the Map Records of Nueces County, Texas, 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 the graphical representation
of the legal, "Exhibit B", which is a metes and bounds description and field notes, 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 unimproved road 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, 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.
b. The Owner will construct and maintain a private cart path, with a
minimum width of 10-feet, on the southern side of the property.
c. The Owner must dedicate a joint access easement with the adjacent
property owner.
031569
S('IANNFI)
d. Ownership of the unimproved street will be divided between abutting
owners being Yasin Investment, LLC and Axys Capital Credit Fund LLC.
e. Failure to comply with all the conditions outlined in this Ordinance within
180 days will hereby make the Ordinance null and void.
That the fore„goirlg ordina e w s re tcr the first time and passed to its second reading
on this the t ay of ita48, by the following vote:
Joe McComb I Ben Molina
04Rudy Garza --4--4 Everett Roy
,.
Paulette Guajardo i t. 1 - Lucy Rubio 1
Michael Hunter
Greg Smith
Debbie Lindsey-Opel - 4k'
That the foregoin ordinance was read for the second time and passed finally on this the
tw day of ( O1ue.y- , 2018, by the following vote:
Joe McComb --01-4-- Ben Molina
Rudy Garza / ' ,! Everett Roy 11, !
___2(y_d_ d /
Paulette Guajardo Lucy Rubio `,
Michael Hunter t ,1 Greg Smith
_12.491_,
_OJOIL_
Debbie Lindsey-Opel
PASSED AND APPROVED on this the qday of 66)L0-C4t , 2018.
ATTEST:
Re-- e,e.-e. ucwh,
Rebecca Huerta Joe TcComb
City Secretary M..y.r
031589
SURVEY OF
A 0316 ACRE TRACT BEING A PORTION OF LAS TUNAS DRIVE,A
PLAITED YET UNOPENED ROAD,AS SHOWN ON A MAP RECORDED IN
VOLUME 13, PAGES 3 AND 4, MAP RECORDS OF NUECES COUNTY,TEXAS.
1
csi, PALMIRA AVENUE EXHIBIT A
50'RIGHT OF WAY
t
sir RE-BAR FOUND FOR N00°43'54"E
sw CORNER OF LATSB,BEARS 50.00" MEAS
SCALE I"=8(Y s IO 4?SPW 444.ST(450 W P1 (MEAS)
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14
BLOCK 12
PADRE ISLAND N0.1
VOL.13,PGS.1-8
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BLOCK 13T: III
PADRE ISLAND NO.I 0 n
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SE CORNER OF LOT 9A.BEARS sOO°43' 16"W
S00'43'16'W 450.01'(450.00'P) 50.00' (MEAS)
PARK ROAD 22
200'RIGHT OF WAY
THIS SURVEY DONE WITHOUT THE Q=SET 5!8"RE-BAR
BENEFIT OF A TITLE COMMITMENT.
p =FOUND 5/8"RE-BAR
el, ....... rr • NOTES: \I
STATE OF TEXAS EXHIBIT B
COUNTY OF NUECES
Field notes of a 0.516 acre tract being a portion of Las Tunas Drive,a planed yet unopened road,as shown on
a map recorded in Volume 13,Pages 3 and 4,Map Records of Nueces County,Texas.Said 0.516 acre tract
being more particularly described as follows:
BEGINNING at a 5/8"re-bar found in the intersection of the south right of way of Las Tunas Drive,a planed
yet unopened road,and the east right of way of Palmira Avenue,for the northwest corner of Lot 1B,B lock 13,
Padre Island No. I,as shown on a map recorded in Volume 13,Pages 1 -8,Map Records of Nueces County,
Texas,and for the southwest corner of this survey,from WHENCE a 5/8"re-bar found for the southwest
corner of Lot 98,Block 13,bears South 00°43'54"West,a distance of 449.97 feet.
THENCE over and across Las Tunas Drive,with the common line of the east right of way of Palmira Avenue
and this survey,North 00°43'54"East,a distance of 5000 feet to a 5/8"re-bar set in the intersection of the
north right of way of Las Tunas Drive and the east right of way of Palmira Avenue,for the southwest corner of
Lot 20B,Block 12,Padre Island No. 1,and for the northwest corner of this survey.
THENCE with the common line of the north right of way of Los Tunas Drive,Lot 20B,and this survey,South
89°15'00"East,a distance of 449.95 feet to a 5/8"re-bar set in the intersection of the north right of way of Las
Tunas Drive and the west right of way of Park Road 22,for the southeast corner of Lot 20A,Block 12,and for
the northeast corner of this survey.
THENCE over and across Las Tunas Drive,with the common line of the west right of way of Park Road 22
and this survey,South 00°43'16"West,a distance of 50.00 feet to a 5/8"re-bar found in the intersection of the
south right of way of Las Tunas Drive and the west right of way of Park Road 22,for the northeast corner of
Lot i A,Block 13,and for the southeast corner of this survey,from WHENCE a 5/8"re-bar found for the
southeast corner of Lot 9A,bears South 00°43'16"West,a distance of 450.01 feet.
THENCE with the common line of the south right of way of Las Tunas Drive,Lot 1A,and this survey,North
89°I5'00"West,a distance of 449.96 feet to the POINT of BEGINNING of this tract,and containing 0.516
acre 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"re-bar=re-bar 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 March 1, 2018 and is correct to the best of my knowledge and belief.
Ronald . Brister,RPLS No.5407
Date: March 14, 2018.
;P GMq 7@9
- RONALD E BRISTER •
5407
Job No. 180202