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HomeMy WebLinkAbout033080 ORD - 06/27/2023One -reading ordinance abandoning, vacating, and closing a 0.26 acre (11,158 square feet) tract of public right-of-way located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway per the request of an adjoining property owner and payment of an amount equal to the appraised value of $8,500.00. WHEREAS, Rajesh Panchal (Owner of adjacent property) is requesting the closure, abandonment, and vacation of a 0.26 -acre parcel of land which had been dedicated to the City for (Old) Corona Drive prior to the realignment of the intersection of Corona Drive, Flynn Parkway and Tiger Lane; WHEREAS, with proper notice to the public, a public hearing was held on June 27, 2023 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 0.26 acre (11,158 square feet) parcel of land located approximately 100 -feet north of the intersection of Corona Drive and Flynn Parkway and being more particularly described by metes and bounds in Exhibit "A" to the adjoining property owner; WHEREAS, this .26 acre parcel of land was dedicated to the City as public right- of-way for (old) Corona Drive before the City realigned the intersection of Corona Drive and Flynn Parkway eliminating the need for this parcel for public right-of-way. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Rajesh Panchal ("Owner" of adjacent property), the 0.26 acre (11,158 square feet) parcel of land located approximately 100 feet north of the intersection of Corona Drive and Flynn Parkway, as further described by metes and bounds in Exhibit "A" attached hereto and incorporated herein by reference is hereby closed, abandoned, and vacated by the City of Corpus Christi subject to the Owner's compliance with the conditions specified in Section 2 of this ordinance. SECTION 2. The closing, abandonment, and vacation of this .26 acre (11,158 square foot) parcel of land, formerly dedicated to the City of Corpus Christi as right-of-way for Corona Drive is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment to the City of $8,500 for the fair market value of the unimproved parcel of land pursuant to Corpus Christi Code 49-12. b. A 60' Utility Easement is retained in favor of the City. c. 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. 033080 SCANNED d. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. Section 3. Upon written request of the Mayor or five City Council members, 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 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 31i \ day of .--Lk,\z_ 2023. ATTEST: Rebecca Huerta City Secretary 1 day of ITY) OF CORPU RISTI , 2023. Corpus Christi, Texas a� day of .\--u(\9— ,_J TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Paulette Guajardo Mayor 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: I/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 033080 The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley EXHIBIT "A" Old Corona Drive Right -of -Way (between Flynn Parkway and Tiger Lane) Metes and Bounds Description BEING A 0.26 ACRE (11,158 SQUARE FOOT) TRACT OF LAND, SITUATED IN THE ENRIQUEZ VILLAREAL, ABSTRACT 1, NUECES COUNTY, TEXAS AND BEING A PORTION OF (OLD) CORONA DRIVE (60 FOOT STREET DEDICATION) OUT OF LOT 1 BLOCK 1 OF MARKS TRACT AS FOUND IN VOLUME 37, PAGE 184, MAP RECORDS, NUECES COUNTY, TEXAS (M.R.N.C.T.) AS DESCRIBED IN AN ASSUMPTION WARRANTY DEED BY MARION LUNA BREM TO MARION BREM ENTERPRISES, LLC DATED JUNE 2, 2008 AND FOUND IN DOCUMENT NUMBER 2009014281, OF THE OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (O.P.R.N.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the Southwest corner of this tract, same being the East corner of a tract of land described to The City of Corpus Christi as found in Document Number 2016054308 of the O.P.R.N.C.T. and described in a correction instrument found in Document Number 2017022329, O.P.R.N.C.T., and being on the existing North Right-of-way (ROW) of Corona Drive (variable width ROW), the existing South ROW of said (Old) Corona Drive and on the South line of said Lot 1 of Marks Tract, and having State Plane Coordinates ofN=17,150,445.47 E=1,342,569.80, from whence a 3/8" iron rod found on a non -tangent curve to the left, having a radius of 305.00 feet, an internal angle of 02?° 29' 19", and an arc length of 13.25 feet bear S 80° 36' 38" W, 13.25 feet; (1) THENCE N 61° 36' 43" E, with the South line of this tract and said Lot 1, at a distance of 138.14 feet pass a calculated point on a jog in the existing East ROW of Flynn Parkway (60 foot width street dedication) as shown on said Lot 1 of Marks Tract, continuing for an overall distance of 148.14' feet to a calculated point on a jog in the existing East ROW of said Flynn Parkway for the West corner of this tract; (2) THENCE N 28° 23' 17" E, 70.00 feet with the West line of this tract to a calculated point at the Intersection of the existing North ROW of said (Old) Corona drive and the existing East ROW of Flynn Parkway (60 foot width street dedication) as shown on said Lot 1 of Marks Tract, for the North corner of this tract, and being at the beginning of a non -tangent curve to the left; (3) THENCE with the existing North ROW of said (Old) Corona drive and along said curve to the left, having a radius of 10.00 feet, a central angle of 90° 00' 00", an arc length of 15.71 feet, and a chord which bears S 16° 36' 43" E, a distance of 14.14 feet to a calculated point on the existing North ROW of said (Old) Corona Drive for an angle point of this tract; (4) THENCE S 61° 36' 43" E, 190.00 feet, continuing with the existing North ROW of said (Old) Corona Drive to a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the East corner of this tract, said point being on the East line of said Marks Tract and on the West line of a tract of land described to Commerce Office Park - One, LP found in Document #2002051656 of the O.P.R.N.C.T. and the West line of Marks Tract, Block 1, Lot 3C as found in Volume 55, Page Page 4 of 5 5 of the M.R.N.C.T.; (5) THENCE S 28° 23' 17" W, 29.02 feet with the East line of this tract, the East line of said Lot 1, the West line of said lot 3C and the West line of said Commerce Office Park — One, L.P. tract, to a 5/8" iron rod with yellow plastic cap stamped "CIVILCORP" set for the Southeast corner of this tract on the existing North ROW of said Corona Drive at the beginning of a non -tangent curve to the left, from which a 3/8" iron rod found disturbed bears N 64° 39' 39" W, 3.57 feet; (6) THENCE along said curve to the left, having a radius of 305.00 feet, a central angle of 11° 22' 25", an arc length of 60.51 feet, and a chord which bears S 87° 32' 17" W, a distance of 60.41 feet to the POINT OF BEGINNING, containing 0.26 acres (11,158 square feet) of land. 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