HomeMy WebLinkAbout032943 ORD - 12/20/2022One -Reading Ordinance abandoning and vacating utility easements totaling
4,005.00 square feet out of Flour Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38,
39, and 40, located at 9825 and 9841 South Padre Island Drive, conditioned
on the dedication of a replacement easement.
WHEREAS, The Estate of Betty Talley, (Owner) is requesting the closure,
abandonment and vacating of 4,005.00 square feet if an existing utility easement out of Flour
Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39, and 40.
WHEREAS, The Estate of Betty Talley (Owner) will deed a new utility easement of
adequate design and construction in accordance with standard details of the City of Corpus
Christi for Flour Bluff Center.
WHEREAS, it has been determined that it is advantageous to the City of Corpus Christi
to abandon and vacate the 4,005.00 square feet of existing utility easement, 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 4,005.00 square foot
portion of existing utility easement as recorded in Volume 8, Page 41 and being out of Flour
Bluff Center, Block 6, Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 29, and 40, located at 9825 and 9841 South
Padre Island Drive, as recorded in Volume 8, Page 41, 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 dedicate a replacement utility easement as shown in "Exhibit C".
032943 SCANNED
c. Failure to comply with all the conditions outlined in this Ordinance within 365
days will hereby make the Ordinance null and void.
Section 3. Upon the written request of the Mayor or majority of the members of
the Council, copy attached, the City Council: (1) finds and declares an emergency due to
the need for immediate action necessary for the efficient and effective administration of
City affairs; and (2) suspends the City Charter rule that requires consideration of and
voting upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure on this the T-11 day of
• 0.4 k"\9. -kr , 2022.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances at two regular meetings: 1/we, therefore, request that you suspend said
Charter rule and pass this ordinance finally on the date it is introduced or at the present
meeting of the City Council.
Respectfully, Respectfully,
Council Members
Paulette Guajardo
Mayor
The above ordinance was passed by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the
ATTEST:
ebecca Huerta
City Secretary
03294i
, 2022.
1
I/ulette Guajard:
Mayor
UTILITY EASEMENT
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES f
THAT We, Daniel Korn and wife Shirley Korn
52/1582
748712
of the County of Nueces, State of Texas, for an in consideration of the sum of
One dollar ($1.00) DOLLARS to us in hand paid by the City of
• Corpus Christi, Nueces County, Texas, the receipt'of which is hereby acknowledged,
have granted and conveyed, and by these presents do grant and convey unto the City
of Corpus Christi, Texas, a.municipal corporation duly incorporated under and by
virtue of the laws of the State of Texas, its successors and legal representatives
the free and uninterrupted. use, liberty, privilege, and easement of going in, on,
over, under, and along a certain tract of land situated inNueces County, Texas and
being described as follows:
A tract of land 10 feet in width out of Lot 8, Block 6, Flour Bluff
Center, as shown by map recorded in Vol. 8, Page 11,.Nueces County, Texas Map
Records, said tract of land being more particularly described by metes and bounds
as follows.
BEGINNING at the southwest corner of skid Lot 8, Block 6, for the
southwest corner of the tract herein being described;
THENCE N 29°02' B with the vest boundary of said.Lot 8, 10.0 feet
for the northwest corner of this tract;
THENCE S 60°58' E, parallel to the south boundari of said Lot 8 and
10.0 feet distant in a northerly direction therefrom, measured at right angles thereto,
a distance of'140.0 feet to a point in the east boundary of said Lot 8, for the north-
east corner of this tract;
THENCE S 29° 02' W, with the east boundary of said Lot 8 to its southeast
corner for the southeast corner of this tract;
THENCE N 60° 5B' W, with the south boundary of said Lot 8, 140.0 feet to
the PLACE OF BEGINNING.
together with the free ingress, egress, and regress to and for the City of Corpus Christi,
Texas, for the purpose of constructing, laying, and keeping public utility lines, and for
the purposes of maintaining, servicing, repairing, and inspecting said.lines under, on,
and along said tract.
PW2-27
DEED RECORDS
VOL!24UG 1
AY
Li-, r 4" • _ .
52/1.583 •
TO HAVE AND TO HOLD, ALL AND SINGULAR, • the rights,:and privileges
aforesaid to the City of Corpus Christi, Texas, its successors and legal rep-
resentatives, for the proper use as a utility easement and utility right -of- .
way, for•so long as used for such purpose,. and if the use for said easement
and way of said uses be ever abandoned, then in that event, the aforesaid
rights and privileges shall cease. 1
WITNESS HAND this,.the �/� day of
l9 I 7•
THE STATE OF TEXAS '¢
COUNTY OF -NUECES �•
Before;me;;thenundersigned autklority,,a Notary Public in and for
Nueces County, Texas, on this day personally appeared Daniell Korn and
,Shirley Korn , known to me to be the person ribose name is subscribed
,.?:i,, -.to the foregoing instrument, and acknowledged :to methat he .executed, the same
•W for the purposes and consideration therein expressed.
given )under my hand and seal of office this
, 19 7 •
p.? L
day of
THE STATE OF TEXAS
.COUNTY .OF NUECES �.
Before Me, the undersigned authority, a Notary Public in'and for
Nueces.County, Texas, on this, day personally appeared 'Shirley Korn • ,
'vile of Daniel Korn , known to me .to be the person whose name is
subscribed to the foregoing instrument and having been examined by me privily
and apart from her husband and having the same fully explained to her, she, the
said Shirley Korn ,.acknowledged such instrument to be her act
and deed,.and declared that she had willingly signed the same for the purposes
.and consideration therein expressed and that she did not wish to retract it.
JGivep_ und9r o
-my hand and seal of office, this the .:=44; day of
``..:t��.r/ ,197•
,,,,,y
�,
h�PeYar�i •..
•
r.
OL.ED RECORDS
voi124a P.OE 2i)
,a. 33 IN( 7V7
EXHIBIT "A" TO DEED FROM EXXON CORPORATION, A NEN JERSEY
CORPORATION, TO WILLIAM T. TALLEY OF CORPUS C1iR.ESTI, TEXAS
All that certain property situated in Nueces Court},
as follows, to -wit:
Lots 1, 2, 3, 38, 39 and 40, Bloc;: 6, FLOUR
BLUFF CENTER, an addition to the City of
Corpus Christi, Texas, according to map or
plat recorded in Vol. 8, page 41, Map Records
of Nueces County, Texas, SAVE AND E C V_ th:;
Northeast 90' of said Lots 1, 2 and 3, here-
toforevn. ed * • Right -of -Way D..cc t:,tra
i.
State of by Jose A A. Garcia,
in Vol. 746, page 244, Deed Records of ...:ecus
County, Texas, together with Ai;utter's rights
of access to both South Padre Island Driv
and Barton Street and wit:: all _ _ :,L,
and interest in and to any land 1 -,in_ i:. _..r
right-of-way of any street in freat caS or
adjoining said premises to to i:;ltcr !
thereof and havinff unencumbered access to
Z`.tcn of said streets.
described jL
Cil
C:b
rf�+
Being the same land described in that certain ".:_...: Deed, dated
May 29, 1969, by DR. JOSE A. GAR'CI:1 and ..' f:!, `.O';• .... .f'_:: Grantors,
to HUMBLE OIL & REFINING COMPANY, a Delaware ..c ,)ol a t j.on (now Exxon
Corporation), Grantee, and •:•ecnr;;ed in tae :.u: . ___...`s Office of
Nueces Coun;.y, Texas, Volume 1331, Pages 243-211.
AND:
The following described premises located in Nueees C:;:_:t, , Texas,
to -wit:
Lots 4, 5, 6, ?, and 8, Bloc;. 3, "LOW: .,i.U::•` CENTER,
an addition to the City of Corpus Christi Nueces
County, Texas save and except the Nert!t or Northeast
90 feet of said lets 4, 5 and 6, heretofore co.r.e;ec
to the State of Texas by St ;e Ear ;:.. __.
Bartosh, by Right -of -Way Deed dated _ ao_ e ry 27, 1957
recorded in Volume 768, Page 229 of in• ;):'.c: Iiecoisis
of Nueces County, Texas ...^.d : eeeisS>.:. iu ....(:a_Page
•.e
41 of the Map Records of Nueces County, :r_s, together
with abutter's rights of access to uuci: a,.: ? ;1r•-•
Island Drive and Preston Street aria o:its All _ lent,
title and interest in ..ad to :ay
right-of-way of any street in front o . i `n_:i2:1::
said premises to the cen_or line ci!e:••_:.i
unencumbered access to e:.cr ui
Being the same land described in that .__: t.: i.. :'a! ....y Dr'_.; dated
October 24, 1967, by DANIF.t. Knit\' a:r;t .'ii Wi:u.:. ,:)P:' . Grantors.
to HUMBLE OIL b REFINING COMPANY, a ? ia,...:.. .:o: ,;ur. r Exxon
Corporation), Grantee, aac: recorded in t;,unt :].Tri:`s _).tine of
Nueces County, 'Texas, Volume 1240, Prci;o& 307••:?')D.,
.7 :Iris
tr.I;1:r_ 'pis
J, n.. +i; �,:::•'' -_•p, WAS 'tiff/ Oft th,
( ..,. dun
• n, .I RFC.OROS
1...r•,0 by Mb. un
0 t1':' 2• SYS;
;
r.N.11 • 7, roe.
St1)-11111?! (I 110
LOT 9
LOT 10
FOUND DRILL HOLE.
LOT 8
/
/
EXHBIT "B"
EASEMENT CLOSURE
Being a total of 4000.05 sq.ft. tract, being out of
Lots 1, 2, 3, 4, 5, 6, 7, 8, 38, 39 and 40, Block
6 of the FLOUR BLUFF CENTER, an addition to the
City of Corpus Christi, Texas. according to map or
plat recorded in Volume 8, Page 41 of the Map
Records of Nueces County, Texas.
so0 S
4i p o
NUM
BEARING
DISTANCE
1..1
N6111'00'W
5.00'
L2
N6111'00"W
5.00'
L3
N28'49'00'E
10.00'
L4
S28'31'08"W
10.00'
SCALE: 1" = 40'/ /
LOT 37
FOUND 5/8"I
I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO
HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE—
PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION
AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND
SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL
LAND SURVEYORS.
J MOORE
RED PROFESSIONAL LAND SURVEYOR
U SE No. 4854
FOUND TXDOT MON.
LOT 1
Ci
40
ALL BEARINGS AND DISTANCE REFER TO THE TEXAS
STATE PLANE COORDINATE SYSTEM OF 1983, TEXAS
SOUTH ZONE.
TEXAS GEO TECH
LAND SURVEYING, INC
6626 SOUTH STAPLES. SUITE H-2
Corpus Christi, TX 78411
(381) 993-0808 Fex (381) 993-2955
www.texaageotech.com
DATE: NOVEMBER 01, 2022 DRAWN: RC
SCALE: 1" = 40' JOB NUMBER: 221102
APPROVED: JLM SURVEY: JUAN
Exhibit C