HomeMy WebLinkAbout032050 ORD - 03/17/2020 Ordinance closing, abandoning and vacating a 1.89 acre prescriptive
easement known as Airline Road Extension between Yorktown Boulevard
and Rodd Field Road pursuant to a land exchange agreement.
WHEREAS, the City of Corpus Christi is initialing the closure,
vacation, and abandonment of a previously developed and surfaced prescriptive
easement consisting of 1.89 acres;
WHEREAS, the City has an agreement approved on May 15, 2018, by City
Council, exchanging this prescriptive easement for a right-of-way along the north
side of the abutting property to complete the Rodd Field Road expansion.
WHEREAS, upon approval by the City Council, the completion of the Rodd
Field Road expansion, and issuance of the ordinance, all grants of the easement
closure will be recorded, at the City expense in the real property Official Deed and
Map Records of Nueces County, Texas, in which the subject portion of the property is
located, and with a copy of the recording retained by the City:
WHEREAS, it has been determined that it is feasible and advantageous to the
City of Corpus Christi to close, vacate, and abandon the subject portion of the
previously developed and surfaced prescriptive easement, subject to compliance by
the 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, Sec.1 (a) (11) of the City Charter, the previously
developed and surfaced prescriptive easement consisting of 1.89 acres is closed,
abandoned and vacated by the City of Corpus Christi ("City"), subject to abutting
Owner compliance with the conditions specified in Section 2 of this ordinance. Exhibit
"A" which is the metes and bounds description of the subject portion, 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 prescriptive easement
described in Section 1 of this ordinance is expressly conditioned upon the abutting Owner
compliance with the following requirements:
a. A 15-foot utility easement for 12" wastewater line near the north end of this
property is retained in favor of the City. Pipe is centered in this easement.
b. A 15-foot utility easement around the 8" waterline near the north end of this
property is retained in favor of the City. Pipe is centered in this easement.
c. A 15-Foot Utility Easement around 12" Waterline parallel to Yorktown scsAN
NED
retained in favor of the City. Pdaj Cto�red in this easement.
d. A 15-Foot Drainage Easement at the north end of the property is retained in
favor of the City.
e. Failure to comply with all the conditions outlined in this Ordinance will hereby
make the ordinance null and void.
SECTION 3. This ordinance takes effect upon passage.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the a5iay of , 2020, by the following vote:
Joe McComb Michael Hunter
Roland Barrera A.LI Ben Molina Q
Rudy Garza r : Everett Roy J\cLi1&
Paulette M. Guajardo NGreg Smith Ay
Gil Hernandez
That the foregoing ordinance was read for the second time and passed finally on this the 1111/
day of (a(CV\, 2020, / Q by the following vote: (�� n
Joe McComb I i Michael Hunter ! -'
4d
Roland BarreraPTBen Molina
—&-(1
Rudy Garza Everett Roy AT___
Paulette M. Guajardo Greg Smith Ary...,
Gil Hernandez
Ay
PASSED AND APPROVED on this the I �' ,1 day of no.(C , 2020.
ATTEST:
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Rebecca Huerta ,.� McComb
City Secretary or
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03a050
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ENGINEERING Job No.: 43201.B8.12
December 19, 2018
Exhibit A
1.89 Acre Tract
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 1.89 Acre Tract,over and across a portion of a 9.8005 Acre Tract described in a General Warranty
Deed from Charles L. Milks and Mary A. Milks to Nuss Family Partnership, Ltd., GSC Holdings, Ltd. and Wayne A.
Lundquist, Jr., as recorded in Document No. 2010003983, of the Official Public Records of Nueces County, Texas;
comprising of portions of 135 Foot wide Master Drainage Channel 31, described in a Drainage Easement from Annie T.
Smith to The City of Corpus Christi,as recorded in Volume 2005,Page 880,Deed Records of Nueces County,Texas,a 0.338
Acre Tract described in a Deed from Annie T. Smith and F.J.Smith to the State of Texas,as recorded in Volume 271, Page
245, Deed Records of Nueces County,Texas and a portion of a 1.601 Acre Tract(Unrecorded);said 1.89 Acre Tract,being
described by metes and bounds as follows;
Commencing, at a 5/8 Inch Iron Rod with orange plastic cap stamped "BASS AND WELSH ENGINEERING"
Found, on the Northeast boundary line of Yorktown Boulevard, a public Right-of-Way (varied width), the East boundary
line of the said 9.8005 Acre Tract,being a Southwest corner of Lot 7, Block I,Airline Estates,a map of which is recorded
in Volume 69,Pages 131-132,Map Records of Nueces County,Texas,for the Southeast corner of the said 1.601 Acre Tract;
Thence,North 02°08'44"East,with the common boundary line of the said 9.8005 Acre Tract,the said 1.601 Acre
Tract, and the said Lot 7, at 6.32 Feet, pass a 5/8 Inch Iron Rod with orange plastic cap stamped"BASS AND WELSH
ENGINEERING" Found,being the common corner of the said Lots 7 and 8,continuing with the common boundary line of
the said 9.8005 Acre Tract, the said 1.601 Acre Tract, and the said Lot 8, in all a distance of 9.52 Feet, to the Point of
Beginning and for the Southeast corner of this Tract;
Thence,over and across portions of the said 9.8005 Acre Tract,the said 135 Foot wide Master Drainage Channel
31,the said 0.338 Acre Tract and the said 1.601 Acre Tract,with the boundary of this Tract as follows:
• North 6l°17'23" West,67.08 Feet;
• North 02°08'44" East, 1002.22 Feet;
• North 87°51'16"West, 85.69 Feet;
• North 28°42'37" East,325.77 Feet;
Thence,South 02°08'44" West,with the common boundary line of the said 9.8005 Acre Tract,the said 1.601 Acre
Tract,and the said Block 1, 1323.60 Feet,to the Point of Beginning,containing 1.89 Acres(82,255 Sq. Ft)of Land, more
or less.
Grid Bearings and Distances shown hereon 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.
Also reference accompanyingsketch tract described herein. C E.e F..F`-i
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Viz. : U fnE'NJGINE G
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License No. 6458
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OFFICE:(361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001
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135' Wide Master Drainage Channel 31
(Vol. 2005, Pg. 880, D.R.N.C.T.)
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.._1 Lot 25
\ Lot 24 1.89 Acres
l 213 (82,255 Sq. Ft.) Leaend
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Ct J plastic cap stamped "BASS AND
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Point of Lot 8
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If �O `"r ��mar of L2 N8T51'16"W 85.69'
a p ^'p�4�d' o L3 N28'42'37"E 325.77'
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Exhibit B
Sketch to Accompany
FIELDNOTES for a 1.89 Acre Tract, over and across a portion of a 9.8005 Acre Tract described
in a General Warranty Deed from Charles L. Milks and Mary A. Milks to Nuss Family Partnership,
Ltd., GSC Holdings, Ltd. and Wayne A. Lundquist, Jr., as recorded in Document No. 2010003983,
of the Official Public Records of Nueces County, Texas; comprising of portions of 135 Foot wide
Master Drainage Channel 31, described in a Drainage Easement from Annie T. Smith to The City
of Corpus Christi, as recorded in Volume 2005, Page 880, Deed Records of Nueces County,
Texas, a 0.338 Acre Tract described in a Deed from Annie T. Smith and F.J. Smith to the State
of Texas, as recorded in Volume 271, Page 245, Deed Records of Nueces County, Texas and a
portion of a 1.601 Acre Tract (Unrecorded).
General Notes: DATE: Dec. 19, 2018
1.89 Acre Tract is located within the CityLI — URBANSCALE: 1"=200'
limits of Corpus Christi, Texas and a JOB NO.: 43201.B8.12
subdivision based on this sketch/description — ENGINEERING SHEET: 1 of 1, '
may be in violation of the current City of Na 14,ienLS TRY Na 10032400
Corpus Christi subdivision ordinance. 2725 SWITNER DR.COMAS CHRISM.
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Caller T �Cc 28 DEPARTP3M� 44EN
PART OF THE USA TODAY NETWORK [R 7 7 FE �
U
Certificate of
Publication
NOTICE OF PUBLIC
HEARING
NOTICE OF PUBLIC Whereas, an application
HEARING has been filed with the City
CITY OF CORPUS CHRIS TI -SECRETARY Whereas, an application Council of the City of
has been filed with the City Corpus Christi, Texas, to
PO BOX 9277 Council of the City of consider: Airline Road, be-
Corpus Christi, Texas, to tween Rodd Field Road and
consider: Airline Road, be- Yorktown Boulevard. A
CORPUS CHRISTI, TX 78401 tween Rodd Field Road and previously developed and
Yorktown Boulevard. A surfaced prescriptive ease-
previously developed and ment consisting of 1.89
surfaced prescriptive ease- acres.
ment consisting of 1.89 NOW, THEREFORE, NO-
STATE OF WISCONSIN) acres.NOW, THEREFORE, NO- TICE IS HEREBY GIVEN
)) TICE IS HEREBY GIVEN TO THE PUBLIC that a
COUNTY OF BROWN) TOpublic hearing on the appli-
blit hearing PUBLICon the aat ha cation to consider the clo-
p g pp sure, abandonment and va-
cation to consider the clo- cation will be held by the
I, being first duly sworn, upon oath depose and say that I sure, abandonment and va-
am a legal clerk and employee of the publisher,name) the cation will be held by the City Council in the Council
g y' City Council in the Council Chambers of City Hall, 1201
Corpus Christi Caller-Times,a daily newspaper published Chambers of City Hall, 1201 Leopard Street, in the City
at Corpus Christi in said City and State,generally circulated Leopard Street, in the City of Corpus Christi, Texas, on
of Corpus Christi, Texas, on Tuesday, February 25, 2020,
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, Tuesday, February 25,2020. after 11:30 a.m., during the
Kleberg,Live Oak, Nueces, Refugio,and San Patricio, after 11:30 a.m., during the regular Council meeting, at
regular Council meeting, at which time and place all
Counties,and that the publication of which the annexed is a which time and place all persons and parties or their
true copy,was inserted in the Corpus Christi Caller-Times persons and parties or their agents may appear and be
agents may appear and be heard by the City Council.
on the following dates: heard by the City Council. /5/Rebecca Huerta
Is/Rebecca Huerta City Secretary
City Secretary
February 9,2020
On this February 9,2020, I certify that the attached
document is a true and exact copy made by the publisher:
/ V
Legal Notice Clerk
i j
No ary Publi ate o Wi-.. sin,County of Brown
5 *152'3
Notary Expires
Publication Cost: $165.05 NANCY H EY R M A N
Ad No: 0004045201 Notary Public
Customer No: 1490432
PO#: State of Wisconsin
#of Affidavits 1
This is not an invoice
3I -
'7; CITY OF CORPUS CHRISTI
CERTIFICATION OF PUBLIC RECORD
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned Assistant City Secretary of the City of Corpus Christi,
Texas, so certify that the following is a true and correct copy of Ordinance No.
032050, passed and approved by the Corpus Christi City Council on March 17,
2020 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 12th day of May, 2020.
i/��
P_gl Pierce
yjIL1Assistant City Secretary
�o.P�...-"t$11S
�rS 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.`om SCANNED
Nueces County
pp Kara Sands
Nueces County Clerk
'VG-57-2020-2020019375'
Instrument Number: 2020019375
Official Public Records
CERTIFIED COPY
Recorded On: May 13, 2020 08:51 AM Number of Pages: 9
" Examined and Charged as Follows: "
Total Recording: $39.00
STATE OF TEXAS
---OM CO y Nueces County
*y I hereby certify that this Instrument was filed in the File Number sequence on the date/time
50 r s ,* printed hereon,and was duly recorded in the Official Records of Nueces County,Texas
•
rce
rtriuttt_LF Kara Sands �C.l�"�"'Y
Nueces County Clerk
- -- --- --- - Nueces County, TX
THIS PAGE IS PART OF THE INSTRUMENT****"******
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2020019375 DEVELOPMENT SERVICES CITY OF CC
Receipt Number: 20200513000023 2406 LEOPARD STREET
Recorded Date/Time: May 13, 2020 08:51 AM
User: Melissa H CORPUS CHRISTI TX 78408
Station: CLERK04