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Home My WebLink About026326 ORD - 06/28/2005 AN ORDINANCE ABANDONING AND VACATING 8,283.77-SQUARE FEET OF A 15- FOOT WIDE ALLEY RIGHT-OF-WAY, BETWEEN LOTS 1-11 & 12-22, BLOCK IX, OCEAN VIEW ADDITION (BETWEEN ELIZABETH STREET AND AYERS STREET, WEST OF THIRD STREET); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 8,283.77-square foot portion of a 15-foot wide alley right-of-way, between Lots 1-11 & 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street), as recorded in Volume 1, Page 11, Map Records Nueces County, Texas, that the owner wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the alley 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 8,283.77-square foot portion of a 15-foot wide alley right-of-way, between Lots 1-11 & 12-22, Block IX, Ocean View Addition (between Elizabeth Street and Ayers Street, west of Third Street), as recorded in Volume 1, Page 11, Map Records NueC8s County, Texas, is abandoned and vacated for public use as alley right- of-way, subject to Owners' compliance with the following specified conditions as part of the abandonment and vacation: 1. That the Owner pay the fair market value fee of $ 22,780.00 for the abandonment and vacation of the 8283.77-square feet of a 15-foot wide alley right-of-way, between Lots 1-11 & 12-22, Block IX, Ocean View Addition. 2. All existing public and private utilities within the alley right-of-way will be adjusted/relocated or converted private as the new medical building is constructed and the old medical building in Block IX, Ocean View Addition is demolished. 3. The AEP, SBC, and TimeWarner transformer/meter boxes and SBC conduit within the alley right-of-way will be relocated to the public street right-of-way and/or abandoned in place as public facilities and retained as private to serve Christus Spohn only 4. TimeWarner facilities will be relocated at Christus Spohn's expense. H: ILEG- D I R IJ oseph 10 RD- ElizA I Iey-a v .doc 026326 5. City Gas Department has an existing 6" gas line within the alley right-of-way that will be abandoned in place as a public line. They also have a gas meter that will be relocated within the alley way that will be relocated to the public street right-of-way. 6 Upon approval from Council and ordinance issued, all grants of alley closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. 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. 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 28th day of June, 2005. ATTEST: THE CITY OF CORPUS CHRISTI ~~/-~a U ~ '~B f..\(l I ')[JI'-V'CL City Secretary t>n}. Approved ) V V\.-e " ) ) ,2005 BY:~;\ \ \--- Joseph rney ~ Assistant City Attorney \ For City Attorney II: ILEG- D I R \J oseph \ORD- El izA lley-av. doc Corpus Christi, Texa&~ '}O--r~ \ 7\J day of \ .~. ,2005 TO THE MEMBERS 0 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: IlWe, 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, Respectfu lIy, He~~ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Rex A. Kinnison cu} ~ ~ ,Ur C~ C~ ~ ~. Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John E. Marez Jesse Noyola Mark Scott H :\LEG- D IR IJ oseph 10 RD- EI izA lley-av .doc 026326 PUBLISHER'S AFFIDAVIT ""JlJl'." '" ". 51:: State (}~:J tlKe"" , i,!'~' 'Y County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5228518 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 ~EI\JIOR COLLECTOR 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, LIvf' Oak, Nuecf's, Refugio, San Patricio, Victoria and Webb Counties, and that thf' publication of, NOTICE OF PUBLIC HEARING WHEREAS, which thf' ,1I1ncxed is a true copy, was inserted in thc Corpus Christi Caller-Times and on thf' World Wide Web on the Caller-Times Interactive on the 13TH day(s) of JUNE,2005. $140.77 bL'O:JLCL (jj tAA..~-5~ SENIOR COLLECTOR TWO (2 ) Time(s) . -:,--->c ,~.~~RIA. ~t.~" ' ~~,?":., ..' P((,"'')>0'~ ;.' C. . '*~ r.,. '.iJl (no-- Co /,... . ;~ ..- . , . .] 1>. -:- ::. '1~. . F ''I,:i7 .. , .0 ~~, "'. ~"\'Pl\\.-C-..." ~., Subscribed and sworn to me on the date of JUNE 14. 2005. ~) '-In /) , & '.:111:l..:U.. !_~K-&ryA fYlt2 f- Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. CALlER.JjMES. June 13. 200fMI- NOTICE OF PUBLIC 1 HEARING Whereas, application havln~ been fRed with , the City Council of the I I City of Corpus Christl, Texas, to conSider vacating and abandoning the following alley(s): a 8,283.77-square feet of a 15-loot wide altey right-of-way, between Lots 1-11 and 12-22, Block IX. Ocean View Addition (between Elizabeth and Ayers Streets). NOW. THEREFORE, NOTICE IS HEFlEBY GIVEN THE PUBLIC: That a pubic heeling on oaid ~n(.l to consider the vac'atin:o and aba"'oning.;:. wm be helef by the City Couritil In the' COuncl c_ro 01 CIty Hal, 1201 Leopard. in tho City of Corpus Chrlsll. Texas on TuesdaY, June 28, 2005 aflo1 10:00 8.m. during the regular Council meeting, at which time and place all p8fSOfW and parties and/or their agents may appear and be heard by the said City Council. E~ on June 13, 200~ ":5 Chllpa I CltyofC~ . ~, 1 T oc#LL :105036695 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance 026326 passed and approved by Corpus Christi City Council on June 28, 2005 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 30th day of June, 2005. 1, 1��j� - i Mary Juar: r';. ;.iii " , Assistant City Secretary= Corpus Christi, Texas .7, (SEAL) ii '. a S ¢ z �• 3 w MAN asassill Furman 'ark = COLE FURMq �_ �* 1 HANIHANCOCK (� a g n C 111111111111111 =BUFO' D 111 ' siallikilirg.wa\ 0_ w in Z s,„ _�� S1111111 to 0 o MORS' vy 0 W- 111011111 � NM ELIZABETH 13 go. !Ai lig lit Aviso cct 0 copc sw loot * T.....) 44,. .....00,(\ Cde %lip `�� Park �G�F ' � ly- Rs •* C. • CI <1,'''C'' . VICINITY MAP STREET 8c ALLEY CLOSURES OCEAN VIEW ADDITION CHRISTUS—SPOHN HEALTH SYSTEM —APPLICANT Prepared by. Job No: 04097 Bass & Welsh Engineering Scale: 1"=1000' 3054 So. Alameda St. Dote: 2-22-05 Corpus Christi, Tx. 78404 Drawing No: VIC-MAP (361) 882-5521 (phone) P/otsca/e: 1=1 ` (361) 882-1265 (fax) Sheet 1 of 5 1 .4) 1 i • o TH STREET e ELo�AQ� POINT OF N86'20'19"E 15. E BEGINNING How52 j owl 4 g INillk •CEA 1 tN VIEW 12 geek-57, MO 4 ,�, 20 I� 26 19o-`1‘rl III A la •t,, -z.•�I�0 5 10 18 o 'o �,II� o 17 9�"o � 6 O 24 � �' . �; TA 8 illa A 16 INK 8 3 Iill 2 2laI � 6 14 �j g 4,1210 19 20S86'20 19 W AVERS STREET ALLEY CLOSURE BLOCK IX, OCEAN VIEW ADDITION CHRISTUS-SPOHN HEALTH SYSTEM -APPLICANT Prepared by: Job No: 04097 Bass & Welsh Engineering scale: 1"=100' 3054 So. Alameda St. Date: 2/22/05 Corpus Christi, Tx. 78404 Drawing No: 3RDCLOSE-1 (361) 882-5521 (phone) Plotscale: 1:1 \ (361) 882-1265 (fax) Sheet 3 of 5 1 3ti;c OO1JNTYOF NUECES 1 hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped herein by me,and was duly RECORDED,in the Official Public Records of Nueces County,Texas �/ ,/�j• r/}�j^A,. , �1AlA_IA—C_OU_/�_.NTYCLERK NUECES COUNTY,TEXAS Any provision herein which restricts the Sale, Rental or use 005036695 of the described REAL PROPERTY because of Race. Color, Doc## c#g2es 7 Religion,Sex,Handicap,Familial Status or National Origin,is 87/20/2085 18.42AM Invalid and unenforceable under FEDERAL LAW, 3/12/89 Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $25.88 &4f of arias 0/.7371, �' IN/bp-le/2/ ceA,,ceS '�7�'� p 0. box. ?12? 6, c., TX: 7f,147