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HomeMy WebLinkAbout033318 ORD - 03/19/2024Ordinance abandoning, vacating and closing 0.337 acres of improved public right-of-way identified as Figueroa Street, on the east side of the intersection of Figueroa Street and Lindgreen Street, conditioned on petitioner, Mateo Luera, meeting specified conditions WHEREAS, Mateo Luera (Owner of adjacent property) is requesting the closure, abandonment and vacation of a portion of Public Improved and Unimproved Right of Way known as Figueroa Street, being the 210 foot portion on the east side of the intersection of Figueroa Street and Lindgreen Street ending at Nueces River; WHEREAS, with proper notice to the public, a public hearing was held 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 improved and unimproved public right-of-way identified as Figueroa Street, being the 210 foot portion on the east side of the intersection of Figueroa Street and Lindgreen Street, as shown in Exhibit A, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City hereby closes, abandons and vacates the 210 foot portion of Figueroa Street on the east side of the intersection of Figueroa Street and Lindgreen Street, being approximately 0.337 acres, Tess a 60' utility easement expressly conditioned on Owners' compliance with the conditions specified in Section 2 of this ordinance. SECTION 2 The closing, abandonment and vacation of a section of the improved street described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Payment to the City of $700.00 for the fair market value of the improved and unimproved right of way 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. d. Failure to comply with all the conditions outlined in this Ordinance will hereby make the Ordinance null and void. Introduced and voted on the day of PASSED and APPROVED on the IT\ day of Paulette Guajardo, Mayor 2024. (Y00(Lk , 2024. ATTEST: Rebecca Hue a, City'Secretary STATE OF TEXAS 0.337 ACRE COUNTY OF NUECES Field notes of a survey of 0.337 acre (14,700 square feet) tract of land, being a 210 feet long portion of Figueroa Street (a 70 feet wide public right-of-way) on the east side of the intersection of said Figueroa Street and Lindgreen Street (a 60 feet wide public right-of-way); Said 0.337 acre tract is comprised of a portion of the Gregorio Farias Survey, Abstract 592, is situated in the City of Corpus Christi, in Nueces Comity, Texas; and is described by metes and bounds as follows: Beginning at a point in the south right-of-way line of said Figueroa Street and the north line of that tract of land described as 15.11 acres in Special Warranty Deed from William H. Haley, et ux, to Mateo Luera and Nora Luera, recorded September 27, 2021 as Document No. 2021050500 in the Official Public Records of Nueces County, Texas; for the southwest corner of this survey; whence a 5/8 inch iron rod found in the south right-of-way line of said Figueroa Street at the northwest corner of said 15.11 acre tract and the northeast corner of that tract of land described as Tract 2 — 45.300 acres in Warranty Deed from Charlotte McCown Byerly to Coastal Bend Bays & Estuaries Program, Inc., recorded April 5, 2006, as Document No. 2006017445 in the Official Public Records of Nueces County, Texas; bears S 75° 52' 11" W, a distance of 400.20 feet; • Thence N 14° 07' 49" `'V, across said Figueroa Street along the west line of this survey, a distance of 70.00 feet to a point at the intersection of the north right-of-way line of said Figueroa Street and the east right-of- way line of said Lindgreen Street, at the southwest corner of that tract of land described as 0.863 acres out of Lots 23 & 24 of the Farias Grant Lindgreen River (Unrecorded) Subdivision in Warranty Deed with Vendor's Lien from William H. Haley, III, et ux, to Martin Romero, recorded July 22, 2019, as Document No. 2019029053 in the Official Public Records of Nueces County, Texas; for the northwest corner of this survey; Thence N 75° 52' 11" E, along the north right-of-way of said Figueroa Street, the south line of said 0.863 acre tract and the north line of this survey, a distance of 210.00 feet to a point for the northeast corner of this survey, whence the most southerly wooden post in a row of wooden posts found on the southwest bank of said Nueces River bears N 61° 47' E a distance of 3 8.6 feet; Thence S 14° 07' 49" E, across said Figueroa Street along the east line of this survey, a distance of 70.00 feet to a point in the south right-of-way line of said Figueroa Street and the north line of said 15.11 acre tract, for the southeast corner of this survey, whence a fence post found on the southwest bank of said Nucces River, approximately in line with a fence following the north line of said 15.11 acre tract, bears N 76° 46' E a distance of 89.8 feet; Thence S 75° 52' 11" W, along the south right-of-way of said Figueroa Street, the north line of said 15.11 acre tract and the south line of this survey, at 13.65 feet passing a 1" iron rod found for a line marker and continuing, in all, a distance of 210.00 feet to the place of beginning, containing 0.337 acres (14,700 square feet) of land, more or less; subject to all easements of record. Bearings and distances in this description are Grid, Texas Coordinate System of 1927, South Zone. i, Gregory A. Hauger, Registered Professional Land Surveyor of Texas, do hereby state that this description represents an actual survey completed on the ground, on July 6, 2023, this the 3rd day of August, 2023. • Registered Prdfessional Land Surveyor Texas Registration No. 5639 C:\GALI\27900\27979\27979A Desc.doc A survey plat was prepared 0; conjunction wllhi this description. (7-T1mU?- x 0 .r+ • O o pin D m D • so soxal 'Quo aJD 0 re- 0 •--I 70 X pta w rt (D (D to a 0 0 r}; O to v) Z O� O rno (O V) 0 1 aau.ioo pa>aowun = o 0 DO 0 0 . n • ' r :o`-:v' ° • V)NO 1) 0 D O N an O 01 0 N . to 0 0 MI, C L,ZS.gLS 0 N 0 --1 113 00 0 0 n :UZ -'s to o 0rn I (nN D? -A D OO�o COD. 01 00300 • -tu� n • �° p• ,00*OL o W O O O co • 0 &61t,LO.? l N �-1 iy rtz— Q 0 o tn ,OO'OL / •�S1000001 3„ 6F, LO.t l S 7 / 3„ L L,ZS.9LN 0 n Q v z o orb) N (-4 . -'o D 023f.,) N - -t to O X w O U O w D l 0 O o n 0 0