HomeMy WebLinkAbout026069 ORD - 12/14/2004
AN ORDINANCE
ABANDONING AND VACATING A 11,741-SQUARE FOOT PORTION
Of THE LAGUNA SHORES PUBLIC RIGHT-Of-WAY, EXTENDING
APPROXIMATELY 296 LINEAR fEET SOUTHEAST Of WYNDALE
DRIVE OUT Of TRACT "AR" TYLER SUBDIVISION; SUBJECT TO
OWNER'S COMPLIANCE WITH THE SPECifiED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a 11,7 41-square foot portion of the Laguna Shores public right-of-
way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract
"AR" Tyler Subdivision, as recorded in Volume 46, Page 6, Map Records Nueces
County, Texas, that the owner, Spencer Collins, (Owner), wishes to have abandoned
and vacated; and
WHEREAS, after a public hearing, it has been determined that it is feasible and
advantageous to the City of Corpus Christi to abandon and vacate said portion of the
public right-of-way for all purposes, subject to the provisions below.
NOW, THEREfORE, BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY Of
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 11,7 41-square foot portion of the Laguna Shores public right-of-
way, extending approximately 296 linear feet southeast of Wyndale Drive out of Tract
"AR" Tyler Subdivision, as recorded in Volume 46, Page 6, Map Records Nueces
County, Texas, abandoned and vacated for public use as public right-of-way, subject to
Owner's compliance with the following specified conditions as part of the abandonment
and vacation:
1. Payment of the fair market value of $11,305.00 for the proposed vacation and
abandonment of the 11,7 41-square foot portion of the Laguna Shores public
right-of-way and the 4,308-square foot portion of the Wyndale Drive public right-
of-way.
2. Owner is to submit an approved set of construction plans to construct a public
street turnaround with a minimum 70-foot diameter at the end of Martha Drive
with a permanent barricade at the end the turnaround.
3. Owner is to submit an approved set of construction plans to construct a 'T
intersection at the Laguna Shores Road and Wyndale Drive intersection with a
third and additional access to be constructed across the median to the Martha
Drive right-of-way.
4. Owner is required to retain a 15-foot utility easement for a distance of
approximately 130 L.F. along the alignment of an existing 4-inch water line.
H: ILEG-D lR \Joseph 10 RD- LagShrs-av.doc
02R069
5. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
6. Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval; however, the Director of Development Services may
extend the time limit for an additional 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, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 14th day of December, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
~
Armando Chapa
City Secretary
~!:7#f}~
Mayor
,1 " '"
Approved !/( M#... ;'
,2004
~ '(~
By: / d I J /
Josep~ arney _
Assistant City Att'6rney
For City Attorney
H :ILEG- D I R IJoseph 10 RD- LagShrs-av .doc
Corpus Christi, Texas
! tjP,- day of i~ (Q'1~>J2.\......-
,2004
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: INlle, 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,
d~~ii1!!tt
Samuel L. Ne I, Jr., Mayo
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
(tlY
((')"y'
n",J'"
(Q~)k:...
CLJK'
(d..-Lg"
,
CLJ....-<l...h~
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
(L~y) _
(~X-/
Mark Scott
H :ILEG- D IR IJoseph 10 RD- LagShrs-av .doc
W?POS9
O~"^D~M[lil
f IHAliCt. \:.1'''''.1
nl='C -8 M1 9: 01
State g~1"exas }
County of Nueces }
PUBLISHER'S AfFIDAVIT
ss:
CITY OF CORPUS CHRISTI
Ad # 5069973
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinojosa, who being first duly sworn, according to law, says that she is Credit
Manager of 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, which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 6TH day(s) of DECEMBER,
2004.
$147.00
bLQ/W.. (fj iu~-5~
SENIOR COLLECTOR
TWO (2 ) Time(s)
Subscribed and sworn to me on the date of
DECEMBER 07,2004.
~~ow Yon./}J /1.- ~o ,
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
TICE OF PUBLIC
HEARING
...., appllca_<.)
havI~ been _ .oa;
lit City Council Of Itlt
City of Corpu. ChrItII,
Tens, to co.....
vacating and
abandonrng the
following street(.): a
portion of the Laguna
Shores Road public
right-of-way, extending
southeast from
Wj01ClaJt DrIva to_
lind, out of TI8CI 'AF!",
Tyler SubdMslon, and ,
i5..ndo. nin~ na. 1040011
wide .. of the !
. ~ publici
-,..-g!
.oisth' .0' Laguna'
Shores Road out of
Tract "AR", Tyler
Subdivision. NOW,
THEllE-FOAE,
NOTICE. IS HEAEBY
GIveN THE PU8IJC:
That a public
on eaIcI appa....... 1(.
to consider th
yacatlng an
abandoning will b
herd by the Cit
Council in the Coo
Chambers of City Hall
1201 Leopard. in
CIty of Corpus Chrioti,
Texas on TUMdey
Docember 14,
after 10:00 a.m. du .
the regular Counc
meeting, at whtch
and place all
and partlu and/or
ag.m may
and be heerd by
sold City Council.
is! Armando
CIty
City of Corpue
i