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HomeMy WebLinkAbout026070 ORD - 12/14/2004 AN ORDINANCE ABANDONING AND VACATING A 4,3G8-SQUARE fOOT PORTION Of THE WYNDALE DRIVE PUBLIC RIGHT-Of-WAY, EXTENDING APPROXIMATELY 431 LINEAR fEET NORTHEAST Of LAGUNA SHORES ROAD OUT Of TRACT "AR" TYLER SUBDIVISION; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECifiED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,308-square foot portion of the Wyndale Drive public right-of- way, extending approximately 431 linear feet northeast of Laguna Shores Road 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 4,308-square foot portion of the Wyndale Drive public right-of- way, extending approximately 431 linear feet northeast of Laguna Shores Road 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-DIRVosephIORD-wyndale-av.doc i)2h070 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 ~~~, ~ Samuel L. eal, Jr. Mayor Approved IL".L l ,2004 By: '~/1- !(___ / JoseptYHarney {) Assistant City Attorney For City Attorney H :\LEG- D IR \Joseph \0 RD-wyndale-av .doc Corpus Christi, Texas i Jh- ---'22 ' II day of - _H'.z,~.-t,-,,-,,- ,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, '~J~ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Melody Cooper ClC) -~ r~f- (lAt- CL0t ~x~ nlJ<-_ {U"-<..U I J- Cu(;! 7 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIR \J oseph 10 RD-wyndale-av .doc ()~?hn70