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HomeMy WebLinkAbout032154 ORD - 07/14/2020 Ordinance abandoning and vacating a utility easement (1,502 square feet), with dimensions of 5-foot wide by approximately 300-feet, out of Lots 1, 2, 3 and 7, Block 4, in Ocean Drive Addition located at 5601 Ocean Drive. WHEREAS, The Estate of Annie Blake Morgan Head, (Owner) is requesting the closure, abandonment and vacating of a 5-foot wide by approximately 300-feet long utility easement (1,502 square feet), and WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi to abandon and vacate the 5-foot utility easements, subject compliance by the Owner with the conditions specified in the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Corpus Christi Code Sec. 49.13, an existing 5-foot wide by approximately 300-feet long, 0.034-acre (1,502 sq. ft.) utility easement, as shown in Exhibit A & B, being out of Lot 1, 2, 3 and 7 Block 4, Ocean Drive Addition, located at 5601 Ocean Drive, as recorded in volume 6, page 22, of the Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owner's 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, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. The maintenance responsibilities for the vacated easement reverts to the Owner of the property. SECTION 2. The abandonment and vacating of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owner's compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of public easement closures must be recorded at the Owner's 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 b. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. 032154 SCANNED That the foregoing ordinance was read for the first time and passed to its second reading on this the f lj*`' day of , 2020, by the following vote: Joe McComb Pr-1/Q" r-1 Michael Hunter Roland Barrera Ben Molina ANy._., tVRudy Garza 1 ' $ Everett Roy L Paulette M. Guajardo dp Greg Smith i\-•1,Z., Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the 11-01 day of ,)A\ 2020, by the following vote: Joe McComb )\y,Q Michael Hunter Roland BarreraBen Molina Rudy Garza —A-1Everett Roy Paulette M. Guajardo /1 Greg Smith AY— Gil `"Gil Hernandez 'k 'if`. PASSED AND APPROVED on this the ~ day of 1 , 2020. ATTEST: 421,fieLltArCilN PO_ (--<-41.-P-4/ Re ecca Huerta J e McComb City Secretary a or 032154 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 0.034 acre tract being the 5 foot easement for pipes and poles out of Lots 1,2,3 and 7,Block 4,"Ocean Drive Addition"as shown on the plat recorded in Volume 6,Page 22,Map Records ofNueces County,Texas.Said 0.034 acre tract being more particularly described as follows: COMMENCING at a drill hole found at the intersection of the southeast right of way of Claremore Street and the southwest right of way of Ocean Drive,and for the north corner of said Lot I,THENCE with common line of the southeast right of way of Claremore Street and Lot 1,South 28°36'21"West,a distance of 273.14 feet to a point for the common north corner of said 5 foot easement,of this survey,and for the POINT of BEGINNING. THENCE with the common line of the northeast line of said 5 foot easement and this survey,South 56'04'19" East,a distance of 79.91 feet to a point for a common inside corner of said 5 foot easement and this survey. THENCE with the common line of Ole northeast line of said 5 foot easement and this survey,South 6198'59" East,at a distance of 20.44 feet pass a point in the common line of Lots 1 and 2,at a distance of 120.44 feet pass a point in the common line of Lots 2 and 3,and in all a total distance of 220.44 feet to a point in the common line of a 10 foot alley and Lot 3,and for the east corner of this survey,from WHENCE a drill hole found in the southwest right of way of Ocean Drive and for the common north corner of Lot 3 and a 10 foot alley,bears North 28036'21"East,a distance of272.50 feet. THENCE with the common line of Lot 3,a 10 foot alley,and this survey,South 28°36'21"West,at a distance of 2.50 feet pass a point for the east corner of Lot 7 and for the south corner of Lot 3,and in all a total distance of 5.00 feet to a point in the southwest line of said 5 foot easement,in the southeast line of Lot 7,and for the south corner of this survey. THENCE with the common line of the southwest line of said 5 foot easement and this survey,North 6198'59"West,a distance of 22066 feet to a point for an outside corner of this survey. THENCE with the common line of the southwest line of said 5 foot easement and this survey,North 56°04'19"West,a distance of 79.69 feet to a point in the southeast right of way of Claremore Street,the northwest line of Lot 7,and for the west corner of this survey. ---- ---- THENCE with the common line of the southeast right of way of Claremore Street,Lot 7,and this survey, North 28°36'21"East,at a distance of 2.51 feet pass a point for the common west corner of Lots 7 and I,and in all a total distance of 5.02 feet to the POINT of BEGINNING,and containing 0.034 acres of land,more or less. Notes: I.)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 518"re-bar=steel 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 25 2020 and is correct to the best of my knowledge and belief. "1a2e. - Ronald E.Brister,RPLS No.5407 Date:April 71,2019. �PSEOFT�. 0 p *a9f RONALD E ORIST(R 5407 : e Job No.200626-1 [ EXHIBITS A 0.034 ACRE TRACT BEING THE 5 FOOT EASEMENT FOR PIPES AND POLES OUT OF LOTS 1,2,3 AND 2,BLOCK 4,'OCEAN DRIVE ADDITION"AS SHOWN ON THE PLAT RECORDED IN VOLUME 6.PAGE 22,MAP RECORDS OF NUECES COUNTY,TEXAS J —. EXHIBIT B �yr �i CLAREMORE STREET 50'RIGHT OF WAY Ilik N28°36 WE SCALE v=so. 5.02' (MEAS) ••P.O.E. FOUND DRILL HOLE FOR NORTH CORNER P OF LOT I BEARS, b • �, w2r 36'21'E TIJ.10' u q F Fn rn LOT1 0.034 ACRE ••p 1,502 S.F. Y — — — —8 a `G' LOT2 LOT u` NA Ab b— _ — — _ LOT 3 8 FOUND DRILL HOLE FOR COW4ON NORTH CORNER OF LOT 3 AND 10'ALLEY BEARS,NMB'36'2PE rase • S28°36 21W 5.00' (MEAS) ALLEY 10'RIGHT OF WAY 0=POINT J Brister Surveyingr 2RURVISTBD AREA,,�„.ME,OUDBEARINGS ARP �uN1. ON GLOBAL IDSDA1rM : B R�w� 'EmsDCLA� SURVEYING. RRENNIN . .Re4. M: 0 .....p F's aO � oe44JoA' RofWAYns OF Au fmv s , icENAL OR vnun4zmRQNALOEBSiER FRDre� m eo61°"DO Rn�TINT ty ?re.p,* SUR TEPROPE �..SU ' DESCRIBED HARLIN WAS mnosornie GROUND orY 'm,xe glidatt- APRIL 7,2020 " —"am �e' umevwrt JOB NO.2006264 RONALD E BNSFER APL5.NC 5407 5 hl� CITY OF CORPUS CHRISTI e CERTIFICATION OF PUBLIC RECORD 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.032154 passed and approved by the Corpus Christi City Council on July 14, 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 22nd day of July, 2020. -�-�, �' -Pe`- l)-&V 4-� Rebecca Huerta City Secretary Corpus Christi, Texas 4 1 • City of Corpus Christi Rebecca Huerta, City Secretary P.O. Box 9277 Corpus Christi,Texas 78469-9277 (361)8263105 RebeccaH@cctexas.com SCANNED Nueces County I Kara Sands Nueces County Clerk *VG-67-2020-2020033841* Instrument Number: 2020033841 Official Public Records EASEMENT Recorded On: August 05, 2020 03:52 PM Number of Pages: 6 " Examined and Charged as Follows: " Total Recording: 527.00 .„r STATE OF TEXAS =-��iv cr 4il Nueces County I hereb certify that this Instrument was filed in the File Number sequence on 5r Yr a krri printed hereon,and was duly recorded in the Official Records of Nueces County,the date/timea r4 S -c Kara Sands olike NUEc�'S= Nueces County Clerk C2KWIZI--,.2104S4) 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: 2020033841 RTC-DEVELOPMENT SERVICES CITY OF CC Receipt Number: 20200805000206 2406 LEOPARD STREET Recorded Date/Time: August 05, 2020 03:52 PM User: Regina C CORPUS CHRISTI TX 78408 Station: CLERK03