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.
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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
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Samuel L. eal, Jr.
Mayor
Approved
IL".L l
,2004
By: '~/1- !(___ /
JoseptYHarney {)
Assistant City Attorney
For City Attorney
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Corpus Christi, Texas
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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
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Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
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