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Home My WebLink About026403 ORD - 08/23/2005 AN ORDINANCE ABANDONING AND VACATING A 33,129.73-SQUARE FOOT PORTION OF THE THIRD STREET PUBLIC RIGHT-OF-WAY, OUT OF BLOCKS X AND IX, OCEAN VIEW ADDITION, LOCATED BETWEEN THE ELIZABETH STREET RIGHT-OF-WAY AND THE AYERS STREET RIGHT-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY, WHEREAS, there is a 33,129. 73-square foot portion of the Third Street right-of-way, between the Elizabeth Street right-of-way and the Ayers Street right-of-way, out of Block X and IX, Ocean View Addition, as recorded in Volume 1, Page 11, Map Records Nueces County, Texas, that the owner, Christus Spohn Hospital (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 33,129. 73-square foot portion of the Third Street public right-of- way. located between the Elizabeth Street right-of-way and the Ayers Street right-of- way, out of Block X and IX, Ocean View Addition, as recorded in Volume 1, Page 11, 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 ) That payment for the fair market value be waived because Owner will be dedicating public street right-of-way and constructing improvements of greater value when improving the Santa Fe Street right-of-way, to off-set the proposed abandonment and vacating of the Third Street public right-of-way. 2) Owner is required to complete the design and construction of the following Infrastructure improvements subject to submittal of construction plans and specifications for review and approval by the Director of Engineering Services prior to start of construction, at Owner's expense a. Reconstruct and widen Santa Fe St. between Ayers St. and Elizabeth St. to five lanes and the crown of Santa Fe to show the crown of the street relocated to the center of the proposed roadway section. b. Reconstruct and widen Elizabeth St. between Third St. and Santa Fe St. to four lanes and the crown of Elizabeth to show the crown of the street relocated to the center of the proposed roadway section. c. Design and reconstruct drainage infrastructure for widened streets. I !L!G-DIR\Joseph\ORD-ThirdSt-av.doc 02f)4U~ d. Design and submit a 20-year pavement design. e. Relocate 10-inch sanitary sewer line from Third Street along Ayers Street, Santa Fe Street to Elizabeth Street. f. Dedicate a 15 ft. wide utility easement along the frontage of Ayers Street between Third St. and Santa Fe St. and along Santa Fe St. to Elizabeth St. g. Abandon an existing 6-inch water line and 6-inch sanitary sewer on Third Street as public lines and either assume complete private maintenance or grout the lines. h. Relocate and/or adjust utilities to avoid conflicts with other utilities including telephone, electric power cable, communications cable and gas lines, etc. I Relocate and adjust the stand pipe connections for Fire Department on Third Street to maintain access as stipulated by the Fire Department. J. Remove, relocate, or disconnect street lights, poles and cable along Third Street from the public lighting system. k. Prepare and submit parking analysis to include parking spaces that are being deleted. I. Install signs, striping and markings plans for Santa Fe Street and Elizabeth Street and affected approaches on adjacent intersections. m. Relocate, prepare design and modify traffic signal timing, phasing, and control equipment at affected intersections. n. Relocate and construct RTA bus turn out along Santa Fe Street including dedication for additional right of way. o. Construction of an adequate 8-foot wide sidewalk adjacent to development along Elizabeth Street and Santa Fe Street to handle heavy pedestrian movement. p. Construction of a north bound deceleration and acceleration lane on Santa Fe Street for entrance to new garage structure. q. Agrees to maintain Third Street open to traffic until Santa Fe Street and Elizabeth Street are widened and open to traffic. r. Agrees to maintain Santa Fe Street and Elizabeth Street open to traffic during construction of the widening of the right-of-way or a temporary detour approved by the City 3) Owner is responsible for private maintenance of Third Street pavement section and drainage and for the extension of curb, gutter, and sidewalk at Ayers Street and Elizabeth Street and modifications to drainage on Ayers Street and Elizabeth Street. 4) Owner is required to indemnify the City for damages resulting from the drainage modifications to the drainage system on Third Street. 5) Owner is to show locations of the driveways to access the proposed parking garage and the proposed medical buildings. Owner will have access restrictions on Santa Fe and Elizabeth Streets as follows: a. A maximum of one right-in, one right-out driveway along Santa Fe from Ayers Street to Elizabeth Street. Ii UG-J)IR\Joseph\ORD-ThirdSt-avdoc b. Driveway access along Elizabeth Street from Santa Fe to the west right of way line of Third Street is not allowed. 6) Owner is to execute an Indemnification Agreement to address the interim utility use on Third Street. 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 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI (~/ Armando Chapa ) City Secretary ji~1<<.4J- Mayor Approved r '\. ,2005 By' __ .""J j ,\" ~ Joseph Harney Assistant City Attorney For City Attorney f I UG-D1R\Joseph\ORD-ThirdSt-av.doc Corpus Christi, Texas ..~JN:ldaYOf Li..L~~~_, 2005 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: I/We, 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, ~~ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett wr- uJv~ Brent Chesney Bill Kelly ~ {~ ~t 'lAt John E. Marez Melody Cooper Jerry Garcia Rex A. Kinnison ~Ii l Mark Scott ~-/ ~~~ Jesse Noyola 'III EG-DIR\JosephIORD- ThlrdSt-avdoc 02fl40] PUBLISHER'S AFFIDAVIT :.:. C,.J . _ \' \ :' .' v -;t13ft:~)f Texas ('ountv of Nueccs ss: CITY OF CORPUS CHRISTI Ad # 5246684 PO # fkfore me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in i\ransas, Bee, Brooks, Duval, ,Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, LIVC Oak, Nueces, Refugio, San Patricia, Victoria and Webb Counties, and that t he publication of, NOTICE OF PUBLIC HEARING WHEREAS, which the Oll1nexed 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 4TH day(s) of JULY, 2005. $ IJL86 J'yi'lflO- <ti. iutr;P.s~ SENIOR COLLECTOR T\yCJj2 I Time(s) J.~I"l.i; ,\>- ' Subscribed and sworn to me on the date of ,JULY 05,2005. '~k", ,-~- /). :'.' '\~- .t '111.\"7'- <,' r; 200-!' ?-), . '1'C\ i) ."' '--/\ 'y-", "2 -1fJiYL c/.L(j,,!cjL.L I J .at {./f ~. ..( J Notary Public, Nueces Cou'i1ty, Texas -- ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. ~ NOTICa OFIIUaLIC , IfEAIllING ~hereas, application < havin9 been flied with i the CIly Council of the o! CIly of Corpus Christi, i! Texas, to consider the closure and ,abandonment of the f following street(s): the ~ Third Slr8et rIght-of- I"~I~ ~e~ Ayers S_; and the Elizabalh S_ rlght- of -way, '*-' Tliird Str..t and Ocean . OM. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUIll..IC: That a public hearing on said 8pPlk:etIon{s) to consider the cIo8ure and abandonment will be held by the City Council in the Council- Chambers of City Hall, 1201 Leopard, in the City of Corpus Christi, Texas on Tuesday, July 19, 2005 aller 10:00 a.m. d\lring the regular Council meeting, at wIlIch time and pIal:e aU ~ and padil!a anG'or..... agents may ~ and be heard by the I said City Council. EflecIlve on July 4,' 2005. is! Armanrlo C!lapa i City SecNl8ry 1 _City of Corpus Christi Doc# 2006049477 CERTIFICATE THE STATE OF TEXAS C COUNTY OF NUECES c I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 026403 passed and approved by Corpus Christi City Council on August 23, 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 29th day of August, 2005. 41 Armando Chapa City Secretary Corpus Christi, Texas s,, (SEAL) ' 1-isv DEVELOPMENT SERVICES SPECIAL SERVICES le A, IZAoETH STREET POINT e taorn1 M. BEGINNING OF . i 7' N8 2P'i 9-7-E ...-___.....�. _.�__-,.._-.�•-•.-..._._.._. BEGINNING_ \ l r. 1, .v.. —\ --� �, _ _. OCEAN EAP \ EW 3 ----\\ N .-\, \---------.1.—..-------- A-----,Tx_% ,. \ 4_ __ . _ � _ / \ \ - O CtsAIM VI EW ' \ ° t_' \-- r--------' 0Akc0 !,7'_,9 \ 0 \ 1 7 NA \----- A \ 1 6 vv'''''''- \ __—_--------\ - � /, \�, , \ Y _ _- BAY -IRONf- __\ ,v_______-_------\ '\ ;, TER C E , _„, A xT 1a _ _ \ 21 1 3 _________\ d 8 ! ! ? \, �._�__.__----�-_��__' 62.07' S86'2o 1s'W 1 \ -- Area 33129.73 Sq.Ft. 0.7606 Acres AYERS STREET 1 STREET CLOSURE THIRD STREET EXHIBIT C CHRISTUS —SPOHN HEALTH SYSTEM —APPLICANT Prepared by Job No: 04097 Bass & Welsh Engineering scale: 1-=100' 3054 So. Alameda St. Dote: 6/2/05 Corpus Christi, Tx. 78404 Drawing No: 3RDCLOSE-2 (361) 882-5521 (phone) Plofsco/e: 1:1 (361) 882-1265 (fax) Sheet 2 of 2 J H ow Any provision herein which restricts the Sale, 74 ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Facilial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL ;.AW, 3/12/89 STATE OF TEXAS COUNTY OF NIECES I hereby certify that this instrument was FILED in file number sequence on the date and at the tine stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas Dianna T. Barrera NIECES COUNTY, TEXAS Doc* 2006049477 * Pages 7 09/25/2006 10:4310 Official Records of NIECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $39.00 City of Corpus Christi Development Services/ Special Services 2408 Leopard,Suite 100 Corpus Christi,TX 78408