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HomeMy WebLinkAbout022248 ORD - 06/13/1995AN ORDINANCE CLOSING AND ABANDONING A 33,293 SQUARE FOOT PORTION OF DEL STARR DRIVE RIGHT-OF-WAY, LOCATED BETWEEN WEBER ROAD AND A PROPOSED CUL-DE-SAC TO BE CONSTRUCTED APPROXIMATELY 548 FEET EAST OF WEBER ROAD, AND AN 833 - SQUARE FOOT PORTION OF A 10 FOOT WIDE UTILITY EASEMENT IN LOT 1, BLOCK 10, SCHANEN ESTATES - UNIT 1; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND THE REPLATTING OF THE PROPERTY WITHIN 180 DAYS; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 33,293 square foot portion of Del Starr right-of-way from Weber Road, located between Weber Road and a proposed cul-de-sac to be constructed approximately 548 feet east of Weber Road, and an 833 -square foot portion of a 10 -foot wide utility easement in Lot 1, Block 10, Schanen Estates - Unit 1, shown by plat recorded in Volume 20, Page 17, and Volume 49, Pages 55 and 56, of the Map Records of Nueces County, Texas; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said street right-of-way and utility 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 33,293 square foot portion of Del Starr Drive right-of-way from Weber Road, located between Weber Road and a proposed cul-de-sac to be constructed approximately 548 feet east of Weber Road, and an 833 -square foot portion of a 10 -foot wide utility easement in Lot 1, Block 10, Schanen Estates - Unit 1, as shown by plat recorded in Volume 20, Page 17, and Volume 49, Pages 55 and 56, 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: H:\ag5000.692.vr 1) That Owners pay for utility relocations, plug the existing wastewater main and fill it with mortar and construct a new manhole. 2) That Owners dedicate the necessary roadway easement to construct a standard cul-de-sac at the terminus of Del Starr Drive and that a barricade be installed along the entire cul-de-sac adjoining the B-4 District to prevent vehicular access. There will be no curb cuts into the cul-de-sac. Barricading will be done according to Traffic Engineering requirements. The Texas Department of Transportation will construct the cul-de-sac and the barricade on behalf of the City. 2018 O AHED 3) That Owners dedicate a 30 -foot utility easement along the north side of Lots C and 1, Block 10, Schanen Estates Unit 1 and a 10 -foot utility easement along the south side of Lot 1, Block 10, Schanen Estates Unit 1 (Lot C and Lot 1 to be replatted as Lots 5 and 6, Block 10, Schanen Estates Unit 1.) Owners will insure that the easements remain free of obstructions, structures, and permanent type materials as required by the Water and Wastewater Departments. If Owners chooses to install permanent paving material within the 30 -foot utility easement and repairs are necessary neither City nor its franchisees shall repair or replace the permanent paving material. 4) That Owners maintain all landscaping or greenbelt area to be acquired from the City, adjacent to Holly Road from Weber Road to the new Del Starr Road intersection with Holly Road in accordance with the City's landscaping requirements. Tracts 1, 2, and 3, the closed and abandoned portion of Del Starr Road, and Lots C and 1, Block 10, Schanen Estates, Unit 1 shall be treated as "New Properties" for purposes of complying with the City's Landscape Ordinance. 5) That Omni -Weber, Ltd. purchase Tract 1 (1,022 square feet) for a nominal sum of $100.00; that PAW Properties, Ltd. purchase Tract 2 (10,768 square feet) for a nominal sum of $100.00 and Tract 3 (1,798 square feet) for a nominal sum of $100.00, said tracts being narrow strips of land which cannot be used independently. 6) That Owners pay fair market value for the 833 square foot utility easement of $1450.00. 7) That Owners replat the property within 180 days at their expense; 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. SECTION 2. 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 shall take effect upon first reading as an emergency measure this the 13 day of JR i&L , 1995. AT Arm. do Chapa, City Secrg(ary H:\ag5000.692.vr THE CI StrkF' CORPUS CHRISTI 2 APPROVED AS TO LEGAL FORM THIS DAY OF JUNE, 1995: JAMES R. BRAY, JR., CITY ATTORNEY Jam R. Bray, Jr. City A tomey By: H:\ag5000.692.vr 3 T r Corpus Cti._..i, Texas - day of 3(K&Q , 19 q5 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, MAYOR THE CITY OF CORP HRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols H:\ag5000.692.vr etLF Odonuer ( 90948. 4