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HomeMy WebLinkAbout022278 ORD - 07/18/1995AN ORDINANCE ALLOWING THE PHASED CLOSING AND ABANDONMENT OF A 74,881 - SQUARE FOOT PORTION (1.719 ACRES) OF AN OLD UNDEVELOPED 40 - FOOT WIDE STREET RIGHT-OF-WAY OUT OF LOTS 3, 4, & 5, SECTION 10 AND LOTS 28, 29, & 30, SECTION 11, FLOUR BLUFF AND ENCINAL FARMS AND GARDEN TRACT; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, THE REPLATTING, WITHIN 180 DAYS, AND ABANDONMENT OF A 24,060 SQUARE FOOT PORTION (0.552 ACRES) OF SAID 40 -FOOT WIDE ROADWAY EASEMENT; AND THE REPLATTING OF SUBSEQUENT PORTIONS OF SAID 40 -FOOT WIDE ROADWAY EASEMENT WITHIN A PERIOD NOT TO EXCEED FIVE (5) YEARS. WHEREAS, there exists a 74,881 -square foot portion (1.719 acres) of an old undeveloped 40 -foot wide street right-of-way out of Lots 3, 4, & 5, Section 10 and Lots 28, 29, & 30, Section 11, Flour Bluff and Encinal Farms and Garden Tract, shown by plat recorded in Volume A, Pages 41-43, 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 right-of-way, 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 74,881 -square foot portion (1.719 acres) of an old undeveloped 40 -foot wide street right-of-way out of Lots 3, 4, & 5, Section 10 and Lots 28, 29, & 30, Section 11, Flour Bluff and Encinal Farms and Garden Tract, as shown by plat recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, be and the same is hereby closed, in phases as set out below, for public use and every municipal purpose, subject to the following specified conditions as part of closure: 1) That Owner will dedicate new street rights of way in lieu of fair market value for the right-of-way out of Lot 3, Section 10 and Lot 28, Section 11, Flour Bluff and Encinal Farm and Garden Tract to be closed at this time. 2) That Owner replat the portion within the limits of proposed Barclay Grove Unit 2, which dedicates the new street right-of-way, within 180 days at his 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. 95ag5000.713.vr July 6, 1995 022278 3) That Owner replat subsequent portions of said 40 -foot wide roadway easement within a period not to exceed five (5) years. The closure of the right-of-way out of Lots 4 and 5 Section 10 and Lots 29 and 30, Section 11, Flour Bluff and Encinal Farm and Garden Tract will not occur until the property is replatted with at least comparable street right-of-way dedicated. 95ag5000.713.vr July 6, 1995 That the foregoiny_ordinance was read fore first time and passed to its second reading on this the T 1 day of J , 19 L,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 That the fpregoing ordinance was Nag for the second time and passed finally on this the ft day of l�l t 19`7, by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels d Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols PASSED AND APPROVED, this the 19) day of 0 kL , 19 q5. MAYOR THE CIT APPROVED: ( DAY OF n 19(35 : JAMES R. BRAY, JR., CITY ATTORNEY By: l ses & se Alison Gallaway DD Assistant City Attorney 95ag5000.713.vr 022278 OF CORPUS CHRISTI July 6, 1995