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HomeMy WebLinkAbout022238 ORD - 05/16/1995AN ORDINANCE CLOSING AND ABANDONING A 5,581.72 -SQUARE FOOT TRACT OF LAND OUT OF AUBREY STREET (NOW A PART OF INTERSTATE HIGHWAY 37) RIGHT-OF-WAY ADJACENT TO THE NORTH BOUNDARY LINE OF LOT 6, BLOCK 28, BEACH PORTION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND THE REPLATTING OF THE PROPERTY WITHIN 180 DAYS. WHEREAS, there exists a 5,581.72 -square foot tract of land out of Aubrey Street (now a part of Interstate Highway 37) right-of-way adjacent to the north boundary line of Lot 6, Block 28, Beach Portion, as shown by plat recorded in Volume A, Pages 3 of the Map Records of Nueces County, Texas; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easement, 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 , 5,581.72 -square foot tract of land out of Aubrey Street (now a part of Interstate Highway 37) right-of-way adjacent to the north boundary line of Lot 6, Block 28, Beach Portion, as shown by plat recorded in Volume A, Pages 3 of the Map Records of Nueces County, Texas, be and the same is hereby closed for public use and every municipal purpose, subject to the following specified conditions as part of closure: AG5000.553.vr 1) That a 15 -foot utility easement be dedicated to eliminate the need to relocate telephone facilities and for other utility uses. 2) That the Owner pay $200 to abandon an existing 1-1/4 inch gas line that crosses through the right-of-way prior to any transfer of title. 3) Control access easements were purchased from Adele Oatman Wright, Hazel Oatman Butler, and Hermine Oatman Reed, (owners of Lot 6, Block 28, Beach Portion) and any conveyance will be subject to the terms stated in those easements as recorded in Volume 766, page 135, Deed Records, Nueces County Courthouse. '_.� 2038 Mirtakkali 4) Aubrey Street is part of the IH 37 right-of-way therefore, any closure or access to this property is subject to approval by the Texas Department of Transportation, which approval has been received. 5) That the Owner pay the City the fair market value for closure of this portion of Aubrey Street of $25,100. 6) That Owner replat the property at his 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 Owner's control necessitate an extension. AG5000.553.vr at the foregoing ordinance was read for the first time and passed to its second reading on this the day of MQj , 19 q n , by the following vote: n Mary Rhodes Betty Jean Longoria Dr. Jack Best John Longoria Betty Black _.4L_ Edward A. Martin _ / Melody Cooper �___0" Dr. David McNichols elA Tony Heldenfels __ _ Q� That the foregoing ordinance was read for the second time and passed finally on this the 1(0 day of lvtal , 19 11 , by the following vote: J n. Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols PASSED AND APPROVED, this the lb day of ST: City Secretary aJain A± 49175 . MAYOR THE CITY OF CORPUS CHRISTI APPROVED: 0 DAY OF e-,; , 194 JAMES R. BRAY, JR., CITY ATTORNEY By: Alison Gall way Assistant City Attorney AG5000.553.vr 0?»38 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad 49683 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer 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. TEXAS TO CONSIDER THE CLOSURE AND ABANDONMENT OF A 5.581.72 -SQUARE FOOT TRACT OF LAND OUT OF AUBREY STREET which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 7TH day(s) of MAY. 1995. ONE (1) Time(s) u' o $ 62;'90 cf if T Vice -President and Chief Financial Officer Subscribed and sworn to before me this 22ND day MAY. 1995. ,CALLA c.) Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. Shy, %WT 1S5 Corps Christi Caler-Tirnes/F11 NOTICE Whereas, application hay- ing been filed with the City Council of the City of Corpus Christi, Texas to consider the closure and abandonment of a 5,581.72-square foot tract lend out of Aubrey Street (now Interstate Highway 37 right-of-way adjacent to north boundary line of Lot 8 Block 28, Beach Portion NOW THEREFORE, NOTICE HEREBY GIVEN THE PUBLIC. That s public hearing said application to coni the closure and abandon will be held by the City Cou cil in the Council Chambers City Hall, 1201 Leopard, i the City of Corpus Christ Texas on the 9th day of 1995 during the Rsgu Council Meeting which c mences at 2:00 pm., a which time and place all par sons and parties and/or agents interested in the sure and abandonment of property may appear and heard by the said City Council GIVEN UNDER MY KA AND SEAL of the Chy of pus Christi, Times, *is 7th day of hep, 19911. /s/ Armando City