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HomeMy WebLinkAbout026125 ORD - 01/25/2005 AN ORDINANCE ABANDONING AND VACATING A 4,380-SQUARE FOOT PORTION OF A 22.60 FOOT WIDE ALLEY RIGHT-OF-WAY, BETWEEN LOTS 1-6 & 7-11, BLOCK 2, FURMAN ADDITION (BETWEEN HANCOCK AVENUE AND FURMAN AVENUE) EAST OF S. CARANCAHUA STREET; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 4,380-square foot portion of a 22.60 foot wide alley right-of-way, between Lots 1-6 & 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of S. Carancahua Street right-of-way, as recorded in Volume A, Page 21, Map Records Nueces County, Texas, that the owner, Morris L. Lichtenstein, Jr. Foundation, (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 4,380-square foot portion of a 22.60 foot wide alley right-of-way, between Lots 1-6 & 7-11, Block 2, Furman Addition (between Hancock Avenue and Furman Avenue) east of S. Carancahua Street right-of-way, as recorded in Volume A, Page 21, 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. Owner is exempt from payment of the fair market value due to the alley right-of- way being acquired by the abutting property owner, as per Sec. 49-12. 2. Owner is to re-route an existing 2-inch city gas line, kill in place an exisiting 2- inch city waterline, and abandon in place two (2) existing 8-inch city sanitary sewer lines, all at Owner's expense. 3. Owner is to relocate an existing primary and secondary AEP line and existing TimeWarner aerial cable at Owner's expense. 4. Owner is to dedicate, at Owner's expense, a private SBC easement (8 foot wide by 300 foot long) by separate instrument for an existing 9-way conduit system, plus 2 spans of aerial cable and additional conduit and cable box. 5. Owner is to reconstruct a concrete curb and gutter on Furman Avenue and Hancock Avenue at each end of the alley right-of-way, at Owner's expense. H :\LEG- D I R \J oseph \0 RD- F ur -alley-a v .doc n~)h1jle- _ '0.1 6. 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. 7. 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. H :\LEG-D IR Voseph \0 RD- Fur -alley-av .doc That the foregoing ordinance was read for the first time and passed to its second reading on this the \ Cy'" day of 1'1 YldC.L,) ,2005, by the following vote: Samuel L. Neal, Jr. {l~.u ....t Bill Kelly ~ Javier D. Colmenero 0,( t.L.. ., 7 aLL,U lJ- ~ Brent Chesney Melody Cooper Henry Garrett Rex A. Kinnison Chp_ (Ls....c ) ~ Jesse Noyola Mark Scott That the forejloing ordin ce was read for the second time and passed finally on this the dST-- day of . ". l\.LUt. , 2005, by the following vote , Samuel L. Neal, Jr. i a.~" - - '., Brent Chesney O{.,-<-,,( .1 Javier D. Colmenero CLt (1.<-,1< 'j C~l., v Melody Cooper Henry Garrett Bill Kelly o.lf O-Ar 1ft: Rex A. Kinnison Jesse Noyola Mark Scott 2 c: <-('" PASSED AND APPROVED, this the d day of ATTEST: Armando Chapa City Secretary Approved \ k"'U 11 , 2005 By: ~ I~ Jos h Harney Assistant City Attorney For City Attorney H: ILEG- D IR V oseph 10 RD-Fur -alley-av. doc , 005. CITY OF CORPUS CHRISTI v~~~ -" Samuel L. Neal, Jr. . Mayor n" q r"\ 1 ',- ., I., .._;) AIR - COLLECTIONS 2115 JAM I" AM g: ..0 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 5088686 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 3RD day(s) of JANUARY, 2005. $149.75 bL'r1flfJ- (fj Uu~.s~ SENIOR COLLECTOR TWQJ2.J Time(s) Subscribed and sworn to me on the date of JANUARY 04, 2005. (jj(Q<1n 7Y;o/2i-6 ~A ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. 8F . Mondly. January 3, 2005 .CALLER-TlMES NOTICE OF PUBLIC HEARING Whe,..., applloation(e) having been flied wItti tho City Counoll of the CIty of Cotpue ChrIIII, Texas, 10 consider vacating and abandonfng the 10RowIng street(e): a 6,780-square foot _ of a 22-foot wiele alloy right-of-way. between loto 1-6 & 7- 11, Block 2. Furman Addition (between Hancock Ave. and Furman Ave.); anc:l a 7,030.6().8quare foot portion of the ear.no.hua Street right-of-way and the Hancock Avenue right_ of-way. NOW, THEREFORE. NOTICE IS HEREBY GIVEN THE PtJBUC; ;::;- ":l~ ~~ to consider the vacating and abandoning wtH be held by the_ City CoUnoll In the CounolI Chambers of City Half, 1201 I..eopenj, In the CIty of CoIJlU8 CIulolI, Texas on TUeeday, J8IlUOIy 18. 200S after 10:00 a.m. during the regular Council meeIIng, at which time and place all po...",. and partjes anellor their agents may appear and lie heIl'd by the eald City Council. ~ on __ryl, , 2005. . \ ^~~~ .~ .' " ~'" " . ~ ',nt'c ,