HomeMy WebLinkAbout032726 ORD - 04/19/2022Ordinance abandoning and vacating an 80.00 -foot -wide by approximately 1761.00
feet long (140,880 sq. ft.) portion of an existing 80.00 -foot -wide drainage easement
out of Bohemian Colony Lands, Section 7, Lot 6, located at 1802 Lands Road,
conditioned on the dedication of a replacement easement.
WHEREAS, MVR Construction Company, (Owner) is requesting the closure,
abandonment and vacating of an 80.00 foot wide by approximately 1761.00 feet long
(140,880 sq. ft.) portion of an existing 80.00 -foot -wide drainage easement out of
Bohemian Colony Lands, Section 7, Lot 6.
WHEREAS, MVR Construction Company, (Owner) will deed a new drainage easement
of equivalent design and construction in accordance with standard details of the City of
Corpus Christi specified as an 80.00 foot wide by approximately 1560.40 feet long
(123,998 sq. ft.) drainage easement consisting of 2.84966 acres for Saratoga Downs Unit 4.
WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi
to abandon and vacate the 80.00 foot by approximately 1761.00 feet long easement
portion, subject to 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 an 80.00 foot wide
by approximately 1761.00 feet long (140,880 sq. ft.) portion of an existing 80.00 foot
wide drainage easement as recorded in Volume 2024, Page 979 and Volume 2024, Page
984, and being out of Bohemian Colony Lands, Section 7, Lot 6, located at 1802 Lands
Road, as recorded in Volume A, Page 48, 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. The owner will record a final plat dedicating a new 80 -foot by 1560.40 feet
long drainage easement with equivalent design and construction required
by the city as shown in "Exhibit C", which is a metes and bounds
description and field
032726
SCANNED
notes, "Exhibit D", which is a graphical representation of the legal, which are
attached to and incorporated in this ordnance by reference.
c. Failure to comply with all the conditions outlined in this Ordinance within 365
days will hereby make the Ordinance null and void.
That the foregoing or .nance was read for the first time and passed to its second reading on this
the I)-ktr) day of , 2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That the f9regoing ordinance was read for the second time and passed finally on this the / "1
day of j 2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the ttIN
day of Ar‘)
ATTEST:
Rebecca Huerta
City Secretary
0 3 2726
, 2022.
aulette M. Guajardo
Mayor
( ll URBAN
ENGINEERING
Exhibit A
3.0633 Acre
Drainage Easement Closure
STATE OF TEXAS
COUNTY OF NUECES
Job No.: 4916.C1.02
January 5, 2022
FIELDNOTES, for a 3.0633 Acres, Drainage Right -of -Way Closure, out of Lot 6, Section 7, Bohemian
Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, being
over and across a portion of a 34.96 Acre Tract, as described in a Correction Affidavit as to General Warranty Deed
from Zeba, LLC to MVR Construction Company, recorded in Document No. 2021014902, Official Public Records
of Nueces County, Texas; Drainage Right -of -Way Closure being all of an 80 Foot Wide Drainage Right -of -Way,
in Volume 2024, Page 979, Deed Records of Nueces County, Texas and all of an 2.266 Acres of a 80 Foot Wide
Drainage Right -of -Way, recorded in Volume 2024, Page 984, of said Deed Records; said 3.0633 Acre, Drainage
Right -of -Way Closure being described by metes and bounds as follows:
Commencing, at a 5/8 Inch Iron Rod with a plastic red cap stamped "URBAN ENGR CCTX" Found, being
the South corner of Martin Street, a public roadway, and the East corner of the said 34.96 Acre Tract;
Thence, South 28°38'32" West, with the Southeast boundary line of the said 34.96 Acres, a distance of
97.71 Feet, to a 5/8 Inch Iron Rod with a cap stamped "BASS & WELSH" Found, for the North corner of a 75 Foot
Drainage Right -of -Way, out of Lot 3, of the said Section 7, as described in a General Warranty Deed from Zeba,
LLC and Sea Builders, LLC to MVR Construction Company, recorded in Volume 2171, Page 144, said Deed
Records, East corner of this Closure and for the Point of Beginning;
Thence, South 28°38'32" West, with the common boundary line of the said 34.96 Acres Tract and the said
75 Foot Drainage Right -of -Way, a distance of 80.00 Feet, for a corner of this Closure;
Thence, North 61°18'50" West, over and across the said 34.96 Acres, a distance of 260.46 Feet, for a corner
of this Closure and the beginning of a circular curve to the Left, having a Delta of 33°22' 12", with a Radius of
592.60 Feet, with an Arc Length of 345.14 Feet, and a Chord which bears North 77°59'56" West, 340.28 Feet;
Thence, with the said circular curve to the Left, a distance of 345.14 Feet, for a corner of this Closure;
Thence, South 85°18'58" West, continuing across the said 34.96 Acres, a distance of 502.99 Feet, for a
corner of this Closure;
Thence, South 80°14'19" West, continuing across the said 34.96 Acres, 100.07 Feet, for comer of this
Closure and the beginning of a non -tangent curve to the Right, having a Delta of 48°19'43", with a Radius of 592.17
Feet, with an Arc Length of 499.49 Feet, and a Chord which bears North 44°02'04" West, 484.81 Feet;
S:\Surveying\4916\C102E-Plat\Drainage - Closure\EXA4916c102-.docxPage 1 of 2
OFFICE: (361)854-3101
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
www.urbaneng.com
TBPE Firm # 145 • TBPLS Firm # 10032400
FAX (361)854-6001
Thence, with the said non -tangent curve to the Right, a distance of 499.49 Feet, for a corner of this
Closure, to the common boundary line of a 0.876 Acres Tract out of the said Lot 6, and the said 34.96 Acres, for
the West corner of this Closure, from Whence, a 5/8 Inch Iron Rod with a cap stamped "BASS & WELSH"
Found, for a common corner of the said 0.876 and 34.96 Acres Tracts, bears, South 89°50'07" East, 14.04 Feet;
Thence, South 89°50'07" East, with the said common boundary line, 86.06 Feet, for corner of this Closure
and the beginning of a non -tangent curve to the Left, having a Delta of 40°59'02", with a Radius of 512.17 Feet,
with an Arc Length of 366.36 Feet, and a Chord which bears South 43°39'43" East, 358.60 Feet;
Thence, with the said non -tangent curve to the Left, a distance of 366.36 Feet, for a corner of this
Closure;
Thence, North 85°18'58" East, continuing over and across the said 34.96 Acres, 598.75 Feet, for corner of
this Closure and the beginning of a circular curve to the Right, having a Delta of 33°22' 12", with a Radius of 672.60
Feet, with an Arc Length of 391.73 Feet, and a Chord which bears South 77°59'56" East, 386.22 Feet;
Thence, with the said circular curve to the Right, a distance of 391.73 Feet, for a corner of this Closure;
Thence, South 61°18'50" East, continuing over and across the said 34.96 Acre Tract, 260.40 Feet, to the
Point of Beginning, containing 3.0633 Acres (133,438 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 accompanying sketch of tract described herein.
S:\Surveying\4916\CI02E-Plat\Drainage - Closure\EXA4916c102-.docx Page 2 of 2
OFFICE: (361)854-3101
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
www.wbanen°.com
TBPE Firm # 145 • TBPLS Firm # 10032400
URBAN ENGINEERING
444/ak
Dan L. Urban, R.P.L.S.
License No. 4710
FAX (361)854-6001
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Exhibit B
ketch to Accom2ann
FlELDNOTES for a 3.0633 Acres, Drainage Right—of—Way Closure. out of Lot
6, Section 7, Bohemian Colony Lands, a mop of which is recorded in
Volume A, Page 48, Mop Records of Nueces County, Texas, being over and
across a portion of o 34.96 Acre Tract, as described in a Correction
Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction
Company, recorded in Document No. 2021014902, Official Public Records of
Nueces County, Texas; Drainage Right—of—Way Closure being all of an 80
Foot Wide Drainage Right—of—Way, in Volume 2024, Page 979, Deed Records
of Nueces County, Texas and all of an 2.266 Acres of a 80 Foot Wide
Drainage Right—of—Way, recorded in Volume 2024, Page 984, of said Deed
Records.
General Notes:
1. 3.0633 Acre Tract is located within the
City limits of Corpus Christi, Texos and a
subdivision based this
sketch/description moy be in violation of
the current City of Corpus Christi
subdivision ordinance.
2. Grid Bearings and Distances shown
hereon are referenced to the Texos
Coordinate System of 1983, Texas South
Zone 4205, and is based on the North
American Datum of 1983(2011) Epoch
2010 00.
POINT OF
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02022 by Urban Engineering
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DRAWN BY: JAB
urbansurveyleurbaneng.com
02022 by Urban Engineering
URBAN
ENGINEERING
•
Exhibit C
2.8466 Acre
Drainage Right -of -Way
STATE OF TEXAS
COUNTY OF NUECES
Job No.: 4916.C1.02
January 5,2022
FIELDNOTES, for a 2.8466 Acres, Drainage Right -of -Way, over and across Lot 6, Section 7,
Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces
County, Texas, being over and across a portion of a 34.96 Acre Tract, as described in a Correction
Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction Company, recorded in
Document No. 2021014902, Official Public Records of Nueces County, Texas; said 2.8466 Acres,
Drainage Right -of -Way being described by metes and bounds as follows:
Commencing, at a 5/8 Inch Iron Rod with a plastic red cap stamped "URBAN ENGR CCTX"
Found, being the South comer of Martin Street, a public roadway and, for the East corner of the said 34.96
Acre Tract;
Thence, South 28°38'32" West, with the Southeast boundary line of the said 34.96 Acres, a
distance of 97.71 Feet, pass a 5/8 Inch Iron Rod with a cap stamped "BASS & WELSH" Found, for the
North corner of a 75 Foot Drainage Right -of -Way, out of Lot 3, of the said Section 7, as described in a
General Warranty Deed from Zeba, LLC and Sea Builders, LLC to MVR Construction Company, recorded in
Volume 2171, Page 144, said Deed Records, in all a distance of 410.02 Feet, for the East corner of this
Drainage Right -of -Way and for the Point of Beginning;
Thence, South 28°38'32" West, with the common boundary line of the said 34.96 Acres Tract and
the said 75 Foot Drainage Right -of -Way, a distance of 78.42 Feet, for the South comer of this Drainage
Right -of -Way;
Thence, North 61°48'07" West, over and across the said 34.96 Acres, a distance of 1560.40 Feet,
to the common boundary line of a 0.876 Acres Tract out of the said Lot 6, and the said 34.96 Acres, for
the West corner of this Drainage Right -of -Way;
Thence, North 28°37'41" East, with the said common boundary line, a distance of 24.73 Feet, to
a 5/8 Inch Iron Rod with a cap stamped "BASS & WELSH" Found, for a common corner of the said 0.876
Acre Tract and the said 34.96 Acre Tracts and for a corner of this Drainage Right -of -Way;
Thence, South 89°50'07" East, continuing with the said common boundary line, a distance of
276.10 Feet, to a 5/8 Inch Iron Rod with a cap stamped "BASS & WELSH" Found, for a common corner
of the said 0.876 Acre Tract and the said 34.96 Acre Tracts and for a comer of this Drainage Right -of -
Way;
S:\Surveying\4916\C102E-Plat\Drainage - Dedication\EXA4916c102-2.84.docx Page 1 of 2
OFFICE: (361)854-3101
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
www.urbanenc.com
TBPE Firm # 145 • TBPLS Firm # 10032400
FAX (361)854-6001
Thence, South 28°03'57" West, leaving the said common boundary line, a distance of 77.76 Feet,
for a East corner of this Drainage Right -of -Way;
Thence, South 61°52'32" East, over and across the said 34.96 Acre Tract, a distance of1316.94
Feet, to the Point of Beginning, containing 2.8466 Acres (123,998 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 accompanying sketch of tract described herein.
S \Surveying\4916\CI02E-Plat\Drainage - Dedication\EXA4916c102-2.84.docx
OFFICE: (361)854-3101
URBAN ENGINEERING
2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404
www.urbaneng.com
TBPE Firm # 145 • TBPLS Firm # 10032400
Dan L. Urban, R.P.L.S.
License No. 4710
Page 2 of 2
FAX (361)854-6001
foN
S61'52'32eE 1316.94'
Drainage Right—of—Way
2.8466 Acres
N6148'07'W 1560.40'
Exhibit D
Sketch to Accompany
FIELDNOTES, for a 2.8466 Acres, Drainoge Right—of—Way, over and across
Lot 6, Section 7, Bohemian Colony Lands, a map of which is recorded in
Volume A, Page 48, Map Records of Nueces County, Texas, being over and
across o portion of a 34.96 Acre Tract, as described in o Correction
Affidavit as to General Warranty Deed from Zebo, LLC to MVR Construction
Company, recorded in Document No. 2021014902, Official Public Records of
Nueces County, Texas.
f2
314
POINT OF
BEGINNING N
General Notes'
1 2.8466 Acres Tract is located within the
City limits of Corpus Christi. Texos and a
subdivision bosedon
this
sketch/description may be inviolation of
the current City of Corpus Christi
subdivision ordinance.
2. Grid Bearings and Distances shown
hereon are referenced to the Texas
Coordinate System of 1983, Texas South
Zone 4205. and is based on the North
Americo,' Dolor, o, 1983(2011) Ewan h
2010.00.
POINT OF
COMMENCEMENT
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02022 by Urban Engineering