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Home My WebLink About021642 ORD - 04/27/1993AN ORDINANCE CLOSING AND ABANDONING THE 60 -FOOT WIDE RIGHT-OF-WAY OF ESENJAY DRIVE EXTENDING SOUTH OF FM 624 AND WEST OF STATE HIGHWAY 77 WITHIN THE NUECES TOWNE WEST SUBDIVISION AND CLOSING AND ABANDONING A 10 -FOOT WIDE BY 348.28 -FOOT LONG UTILITY EASEMENT WHICH EXTENDS ALONG EACH SIDE OF THE COMMON LINE BETWEEN LOT 4 AND LOT 5, BLOCK 1, NUECES TOWNE WEST SUBDIVISION; SUBJECT TO REPLATTING THE PROPERTY WITHIN 180 DAYS; MEETING SPECIFIED CONDITIONS; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 60 -foot wide right-of-way of Esenjay Drive extending south of FM 624 and west of State Highway 77 within the Nueces Towne West Subdivision, and a 10 -foot wide by 348.28 -foot long utility easement extending along each side of the common line between Lot 4 and Lot 5, Block 1, Nueces Towne West Subdivision, as shown by plat recorded in Volume 52, Pages 121-122, Map Records, Nueces County, Texas; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easements, subject to the provisions listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That a 60 -foot wide right-of-way of Esenjay Drive extending south of FM 624 and west of State Highway 77 within the Nueces Towne West Subdivision; and a 10 -foot wide by 348.28 -foot long utility easement extending along each side of the common line between Lot 4 and Lot 5, Block 1, Nueces Towne West Subdivision, as shown by plat recorded in Volume 52, Pages 121 and 122, Map Records, Nueces County, Texas, as shown on Exhibit "A", be and the same is hereby closed for public use and every municipal purpose, subject to: 1) The property being replatted at applicant's expense within 180 days of passage of this ordinance, provided however, the City Engineer may extend the time limit for an additional one hundred eighty (180) days if extenuating circumstances outside the applicant's control necessitate an extension. AG5000.343.ajr 2) Relocation of 8 -inch and 10 -inch sanitary sewer line and 4 -inch force main serving the :adjacent tracts and submittal of construction plans for approval by the City Engineer. 3) Abandoning and relocation of 60 -inch RCP storm sewer line and submittal of the drainage, design and construction plans for approval by the City Engineer. 021642 MICROFILMED 4) Retaining a portion of Esenjay Drive as public right-of-way and dedication of additional right-of-way from Lot 5, Block 1 and Lot 1, Block 2, Nueces Towne West Subdivision, as specified by the Texas Department of Transportation as additional right-of-way for US 77 as part of the platting process. 5) Relocation of an existing water line as required to maintain water pressures to the adjacent development and submittal of construction plans for approval by the City Engineer in cooperation with the Nueces County Water Control and Improvement District No. 3. 6) Payment of fair market value totalling $59,679. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and hall take effect upon first reading as an emergency measure this the „..77 day of , 19 93 . ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secre ry MAYOR, MARY RHODES APPROVED: j i DAY OF _,/j t , 19 cr JAMES R. BRAY JR., CITY ATTORNEY By: Ali on Gallaway Assistant City Attorney AG5000.343.ajr 2 170.• UMW! M.T ALLt3S$ FM ROAD 4o. 624 !ue see. 4 5 114•15' 00- E 637.33' L -x0 [II.—u[ I 10 7! Io ut v mKr r ET un IIS 77 sar'.•-I I'I I 3 - Y�- -ooT —T—�FI 00.!U� 1 2I 111 �C71 4.�.:_�yLI 1 I S84.11'6}_E _- _ t. 325 LOT I w •L 11071 If NUECES TOWNE WEST LOT 20.![T•C 114 17117 0 PROPOSED STREET TO BE CLOSEQ FROM FARM ROAD 624 TO U.S. HWY. 77 II • 1 y1 I 2I r. _� I PROPOSED UTILITY EASEMENT TO BE CLOSED LOT 4I I t 1 1 7 7.; r II II II II i I. -!O .0 • CL0Y0 • WlO00•E0 OT CORIIISC7 1MF T ' VOL, I 41 r 104 .3,07 , D.11.YAT tit.4�.. [uaior N 1114•08'00•W TS LOT ! I4 tl 20'711 - �t. N Additional right-of-way required Is by Texas Dept. of Transportation jtl lout. -1 -- JU IVA; FANS C -.0••[m [IIT. -1 1t42.15' 7 1 511 saps art sao‘stas II_IY11ot't.m e!N- C r� l I 211 X11 I1 II 1 • O I O in 3 CITY LIMIT LINE p EWA)/ / RI E RIGHT- OF-WAY and EASEMENT CLOSURES Ex ,,6 b - . ±-0E144.0 d an „dr Dir;:ii tsar n 141 EMENT CLL vir 0r,ff F4 0 i Corpus Christi, Texas 21 day of API TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 19 Ci 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 The above ordinance was Mary Rhodes Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \fog\045 ar- MAYOR THE CITY OF"CORPUS CHRISTI passed by the following vote: 021642 0"- aAAL 114 PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 14068 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, 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, APPLICATION HAVING BEEN FILED WITH THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 25th day(s) of April, 1993. One Time(s) $ 62.40 &Lilt> idaA40--1-40-nnJ Business Office Administrative Assistant Subscribed and sworn to before me this llth day of May, 1993. d'SAA Ar... -52 Notary Public, Nu ce County, Texas p.o. EDNA KOSTER • a Notary Public • )A( 4. State of Texas fie of is My Comm. Exp. 11-30-96 7 NOTICE OF PUBLIC HERRING Whereas. application hav- ing been filed with. the City Council of the City of Corpus Christi, Texas to consider the closure and abandonment of Esenjay Drive right-of-way and a 10 -foot by 348.28 -foot long utility easement within • Lots 4 and 5, Block 1, Nueces Towne West Subdivision, t within the City of Corpus I Christi, Texas, NOW THERE- FORE, NOTICE IS HEREBY f GIVEN THE PUBLIC: v That a public hearing on tL said application to consider t the closure and abandonment will be held by the City Coun- cil in the Council Chamber of the City Hall, 1201 Leopard, in the City of Corpus Christi, Texas on the 27th day of April, 1993, during the Regu- lar Council Meeting which commences at 2:00 p.m. at which time and place all per- sons and parties and/or their agents interested in the clo- sure and abandonment of said property may appear and be heard by the said City Council. GIVEN UNDER MY HAND AND SEAL of the City of Cor- pus Christi, Texas, this the 22 day of April, 1993 /s/ Armando Chapa City Secretary City of Corpus Chis