The URL can be used to link to this page

Home My WebLink About026652 ORD - 02/21/2006AN ORDINANCE ABANDONING AND VACATING A 7,215- SQUARE FOOT PORTION OF EDEN LANE PUBLIC RIGHT -OF -WAY, OUT OF LOT 3, EHLERS GARDEN TRACTS, LOT 3D, EHLERS GARDEN TRACTS, AND LOT 5, EHLERS GARDEN TRACTS; LOCATED APPROXIMATELY 540 FEET EAST OF THE MCBRIDE LANE STREET RIGHT -OF -WAY AND NORTH OF IH 37; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 7,215- square foot portion of the Eden Lane right -of -way out of Lot 3, Ehlers Garden Tracts, plat recorded in volume 6, Page 33, Map Records of Nueces County, Texas, Lot 3D, Ehlers Garden Tracts, plat recorded in Volume 47, Page 181, Map Records, Nueces County, Texas, and Lot 5, Ehlers Garden Tracts, plat recorded in Volume 31, Page 69, Map Records, Nueces County, Texas, located approximately 540 feet east of the McBride Street right -of -way and north of Interstate Highway 37, that Javelina Refinery is requesting to have abandoned and vacated as a street right -of -way to allow for the construction of a private driveway and the loading and unloading of its trucks and a possible turn - around for its company vehicles; 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 right -of -way for street 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 7,215- square foot portion of the Eden Lane right -of -way out of Lot 3, Ehlers Garden Tracts plat recorded in volume 6, Page 33, Map Records of Nueces County, Texas, Lot 3D, Ehlers Garden Tracts, plat recorded in Volume 47, Page 181, Map Records, Nueces County, Texas, and Lot 5, Ehlers Garden Tracts, plat recorded in Volume 31, Page 69, Map Records, Nueces County, Texas, located approximately 540 feet east of the McBride Street right -of -way and north of Interstate Highway 37, is abandoned and vacated for public use as a right -of -way, subject to Javelina Refinery's compliance with the following specified conditions as part of the abandonment and vacation: 1) Javelina Refinery shall pay the fair market value of $5,415 for the abandonment and vacation of a 7,215- square foot portion of the Eden Lane street right -of -way. 2) Javelina Refinery must retain the entire 7,215- square foot portion of the Eden Lane street right -of -way closed hereby as a utility easement for the continuous maintenance of all existing public and private utilities within the right -of -way, by the appropriate private and public utility companies. 3) No additional vehicular traffic by refinery trucks will be allowed on the H :Leg/garyws/agendai2006/02- 1 4/EdenLaneabandon 026652 Eden Lane right -of -way, only for utility maintenance purposes or as an emergency entrance or exit. 4) Javelina Refinery will be allowed to construct a chain - linked fence with gate across the right -of -way with a sign and 24 hour emergency number for utility maintenance access. 5) Javelina Refinery is required to construct a turn - around for public vehicular traffic on Eden Lane, adjacent to and east of the proposed fenced gate. 6) Any relocation required of any existing utility will be done at Javelina Refinery's expense. 7) Upon approval from City Council and ordinance issued, all grants of street closures must be recorded 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. H :Leg /garyws /agenda/2006 02 -14 /EdenLaneabandon That the foregoing ordinance was read for the first time and passed to its second reading on this the t day of F- e,19rt ,A7 , 2006, by the following vote: Henry Garrett ,. ,.i Rex A. Kinnison .. Brent Chesney _1 , John Marez Melody Cooper �,,� Jesse Noyola 1 Jerry Garcia Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the V5.1-day of f e7rL , 2006 by the following vote: Henry Garrett Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the 2' Skday of E2.7ru-rif Jesse Noyola Mark Scott ATTEST: Armando Chapa City Secretary Approved: February 9, 2006 By: th f mLA) W. Smith Assistant City Attorney For City Attorney H: Leg /garyws/ agenda /2006 /02 -14 /EdenLaneabandon , 2006. THE CITY OF CORPUS CHRISTI H-" ry Garr Mayor 6:26652 52 LOT 5 EHLERS GARDEN TRACTS VOL 31, PAGE 69 M. R.N.C. T. (JAVELINA COMPANY) EDEN LINE S78'22'00 "E 9.88' LOT 3 EHLERS GARDEN TRACTS VOL . 6, PAGE 33 M. R. N. C. T. CALLED 1.0 ACRES VOL 2182, PAGES 761 -764 D.R.N.C.T. (JAVELINA COMPANY) S1 730 '00 1V 8.73' S18.22 '00 154.47• E 4*// .S/ 7P OPOSED/EDEN LANE TREET CLOSURE AND / UTILITY/ EASEMENT (7,215 Sq. Ft.) WIIEL4N TRACT (JAV,ELINA COMPANY) POINT OF BEGINNING 54.6 j / GILLED 0.5 ACRES r/OL 2314, PAGE 52 D.R.N. C. T. /l LOT v / / / / / / / / LOT 3 -D EHLERS GARDEN TRACTS VOL. 47, PAGE 181 M.R.N.C.T. THIS MAP WAS COMPILED FROM AVAILABLE RECORDS AND DOES NOT REPRESENT A SURVEY MADE UPON THE GROUND. —id, RAUL A. CASTILLO, R.P. S. NO. 5061 I COASTAL JAVELINA ADDITION / VOL. 54, PAGE 51 / M.R.N.C.T. / 0 60' 120° GOLDSTON ENGINEERING, INC. PROPOSED EDEN LANE STREET CLOSURE AND UTILITY EASMENT EXHIBIT PROJ. NO. 05420- 00IDATE: 11 /10 /05j0+c• 06 FEB - AM 9: 4 8 State of Texas count. of Niece' PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad O. 5397122 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 SENIOR COLLECTOR of the Corpus Christi Caller- Times, a daily newspaper published. at Corpus Christ] in said City and State, generally circulated in Aransas. Bec, Brooks Duval, Jim Hogg. Jim Wells, Karnes, Kenedy, Kleberg, a.ive Oak. Nueces_ Ref:,igio. San Patricio, Victoria and Webb Counties, and that he pu nllcatlon :�f, NOTICE OF PUBLIC HEARING WHEREAS, which the annexed is a true• copy , was .nserted in the Corpus Christi Caller -Times and on he V■; ide Web on 'he Caller -Times Interactive on the 30TH day(s) of JANUARY, 2006 166.0= 0 SENIOR COLLECTOR TWO (2 ) TI me(s) Subscribeci and sworn to me on the date of JANUARY 31, 2006. Notary Public, Nueijes County, Texas Michelle Cabrera Print or Type Name of Notary Public My . ommission expires on March 19, 2008. MICHELLE JOYCE CABRERA MV COMMiSS!JN rxPIRES March 19. 2008 A L L E R -TIMES . Janur:ry 3f1 2 OF PUBLIC HEARING the Whereas, eenPpecaon haul flied with City Council of the City of Corpus Christi, I Texas, to consider the following street closure(s): a 7,215- square foot portion of Eden Lane public right- ' of -way, out of Lot 3, Ehlers Garden Tracts, Lot 3D, Ehlers Garden Tracts, and Lot 5, Ehlers Garden Tracts; 540 feet a e� d the McBride Lane street ' Qht- of-way, and north of ii-37. NOW, THEREFORE NOTICE IS HEREBY GIVEN THE PUBLIC: on said public hearing to consider the application(*) closure and h abandonment will Council in the Council Chambers of City Hall, 1201 Leopard, in the City of Corpus Christi, Texas on Tuesday, February 14, 2006 after 10:00 a.m. during the regular Council Wig, at which time and place ail persons and parties and/or their agents may appear and be heard by the said City Council. Effective on January 30, 2006. /s/ AnChaps ty of Corpus Ch►t a Doc# 2007030807 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § 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. 026652 passed and approved by Corpus Christi City Council on February 21, 2006 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 23rd day of February, 2006. /, Armando Chapa City Secretary Corpus Christi, Texas �rf (S.E.A ;.. a .o Doct 2007030807 * Pages 8 06/14/2087 3:39PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by se, and was duly RECORDED in the Official Public Records of Nueces County, Texas i'"rn',:tE i (61.. ..)-A 6" .61Wititis—) DIANA T. BARERRA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW 3/12/89. City of Corpus ChnSti tevetopment services/ Special Services '2406 1eopatd,Syile 100 Corpus Christi,T'1( I4ge