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HomeMy WebLinkAbout028064 ORD - 02/10/2009Page'l of 3 ORDINANCE ABANDONING AND VACATING A 2,701.10 -SQUARE FOOT PORTION OF A 10 -FOOT WIDE UNDEVELOPED AND UNSURFACED DEDICATED PUBLIC ALLEY RIGHT-OF-WAY, LOCATED BETWEEN LOTS 12 AND 13, BLOCK 43, PADRE ISLAND NO. 2, ADJACENT TO AND NORTHEAST OF THE PLAYA DEL REY PUBLIC RIGHT-OF-WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, are requesting the abandonment and vacating of an undeveloped and unsurfaced dedicated public alley right-of-way, which is located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and WHEREAS, the other owners of property abutting the public alley right-of-way are not directly affected by the abandoning and vacating of the undeveloped and unsurfaced dedicated public alley right-of-way, therefore they did not join in the request for closure. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced dedicated public alley right-of-way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,701.10 -square foot portion of a 10 -foot wide undeveloped and unsurfaced dedicated public alley right-of-way out of Lots 12 and 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right-of-way, as recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions as specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public alley right-of-way is conditioned upon compliance with the following: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 028064 O:\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-10\ORD-abandon-vacateROWGuIIeyEaton-Padre-2rdg continued FINAL.doc Page'2 of 3 Subdivision. (Exhibit B). Said easement will extend the entire length of the common property line, from City street right-of-way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. In addition, no above ground obstructions will be allowed within one (1) horizontal foot of either side of the easement width. b. City shall erect a sign to designate Packery Channel Park access at the entrance of the public access easement. c. Owners pay the fair market value of $2,825.00, allowing for the value of the separate public assess easement, prior to the alley closure ordinance for the abandonment and vacating of the 2,701.10 -square foot portion of the 10 -foot wide alley, going to City Council for approval. d. City Storm Water Department has an existing 24" RCP within the alley right-of-way and requires that the Owners retain the entire 10' wide public alley right-of-way as a utility easement. e. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the public alley right-of-way. f. Within 180 days of approval by Council and issuance of the ordinance, all grants of public right-of-way closures and dedication of utility easement must be recorded at owners' expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up-to-date survey, abstracted for all public rights-of-way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. Q:\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-10\ORD-abandon-vacateROWGu1IeyEaton-Padre-2rdg continued FINAL.doc •Page'3.of 3 That the foregoing ordin ce was read for the first time and passed to its second reading on this the /t day of do ✓M' , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. (i� Nelda Martinez Mike Hummel) Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the /© day of aj— , 2009, by the following vote: 4 Michael McCutchon Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez /j / Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the I04day of c..4, 2009. Armando Chapa City Secretary APPROVED as to form: February 10, 2009 By: ett- -gr ssistant City Attorney For City Attorney my Garr Mayor 028064 Q:\Shared\LEGAL-DEV.SVCS\2009 Agenda\2-10\ORD-abandon-vacateROWGuIIeyEaton-Padre-2rdg continued FINAL.doc [N 68° 46' 30"E 116.031 (h ar 4r 3n e.srt (5 16° 09' 30"E 218.75] (N 60" 4r 361 6617 LOT 14 2,701.10 S.F. TO BE CLOSED AND RETAINED AS A U.E. VIQNRY NAP LOT 12 s TN1 popery toss Zane a atom. air I i4i ,.tS, srito Nee ge Mane ALLEY CLOSURE A= 03° 10' 37" R= 90.00' LA= 4.99' T= 2.496' N 21° 13' 30"W 7.891 [R=90.00', LA=45.60') A= 030 10' 38" R= 90.00' LA= 4.99' T= 2.496' 14202 PLAYA DEL REY DATE: 04/03/00 REV: 05/02/08 CREW: RS8DL OFFICE: RV 8 RA GF e: JOS e: 5922 SHEET 1 OF 1 SCALE 1" = 40' 2786.8 S.F., Being the 10' Public Alley RIghlol-Way between Lot 12 8 Lot 13, Block 43 Padre Island Number 2 V. 13, P. 28, (MRNCT), Corpus Christi, Nueces County, Texas VT, S ENGINEERfINGINC. sonawateanommvesiaminumass trantiespesseemises 31 Pro •osedAlle Closure Proposed Alley Closure Between Lots 12-13, Block 43, Padre Island No. 2 ROW LOCATto Right of Way 6 450' Buffer Original Notification Area 14170 (4144 14174 14.114 VSRDBMAR 14113 1431/ 14402 0 145 19feet Proposed Alley Closure fl I veer lots 12-13. Block 43, Padre Island No 2 Hw of Mos RCW • VA TION Exhibit B State of Texas County of Nueces PUBLISHER'S AFFIDAVIT Cigtt3g } CITY OF CORPUS CHRISTI } Ad # 5881105 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING Whereas, applic which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/312008,11/3/2008. $ 181.14 1Time(s) On this [ U 1day of OU1Td 4 2certify that the attached document is a true and an exact copy made by publisher. COMMSSI NEXPI EDINA '= MY COMMISSION EXPIRES August 2,2012 N Public, State of Texas CALLER -TIMES • November 3, 2008 • Monday •5F Legal Notices 1110 NOTICE OF PUBLIC HEARING Whereas, application having been filed with the City Council of the City of Corpus Christi, Texas, to consider the closure and abandon- ment of the following public alley right -of - w a y : a 2,701.10 -square -foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right-of- way, located between Lots 12 8 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right-of- way; subject to compli- ance omplyance with the specified conditions. NOW,. THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said application(s) to consider the closure and abandonment will be held by the`'•City Council in the Council Chambers of City Hall, 1201 Leopard, in the City of Corpus Christi, Texas on. Tuesday, November 18, 2008 atter 10:00 a.m. during the regular Council meeting, at which time and place all persons and parties and/or their agents may ap- pear and be heard by the said City Council. Effective on November 18, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi Doc# 2009014469 VII ORIGINAL CERTIFICATE 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. 028064 passed and approved by Corpus Christi City Council on February 10, 2009 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 17th day of February, 2009. 4 •, Armando Chapa City Secretary G\4y,,, 7r,. fi ' Corpus Christi, Texas F-1 It- r1 •' (S A_-.. I ., i . u;,--+ / i STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas CAti:."-40J 644,,!c x r, A # DIANA T. BARERRA NIECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat Tonal Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc* 2009014469 it Pages 12 04/16/2009 10:54AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $59.00 ORIGINAL City of Corpus Christi JDevelopment Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408