HomeMy WebLinkAbout026864 ORD - 07/11/2006AN ORDINANCE
ABANDONING AND VACATING A 22,692- SQUARE FOOT PORTION
OF AN UNSURFACED 40 -FOOT WIDE DEDICATED PUBLIC RIGHT -
OF -WAY (YORKTOWN BOULEVARD), OUT OF LOTS 9 AND 24,
SECTION 52, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS;
LOCATED EAST OF LAGUNA SHORES ROAD, BETWEEN LAGUNA
SHORES ROAD RIGHT -OF -WAY AND THE LAGUNA MADRE;
SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS.
WHEREAS, there is a 22,692- square foot portion of an unsurfaced 40 -foot wide
dedicated public right -of -way (Yorktown Boulevard) out of Lots 9 and 24, Section 52,
Flour Bluff & Encinal Farm 7 Garden Tracts, plat recorded in Volume A, Pages 41 -43,
Map Records of Nueces County, Texas, located east of Laguna Shores Road, between
the Laguna Shores Road right -of -way and the Laguna Madre, that Laguna Shore Resort
and Marina L.P. is requesting to have abandoned and vacated as a street right -of -way
to allow for the future development of a resort and marina; 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 22,692- square foot portion of an unsurfaced 40 -foot wide
dedicated public right -of -way (Yorktown Boulevard) (depicted on Exhibit C) out of Lots 9
and 24, Section 52, Flour Bluff & Encinal Farm 7 Garden Tracts, plat recorded in
Volume A, Pages 41 -43, Map Records of Nueces County, Texas, located east of
Laguna Shores Road, between the Laguna Shores Road right -of -way and the Laguna
Madre, is abandoned and vacated for public use as a right -of -way, subject to Laguna
Shore Resort and Marina L.P.'s compliance with the following specified conditions as
part of the abandonment and vacation:
1) Payment of the fair market value is waived because Sec. 49 -12 of the Code
of Ordinances eliminates payment of the fair market value when an
abandoned street is unimproved, as it is in this case and the Owner will be
dedicating public drainage easement of greater value related to Tyler
subdivision and Holliday Harbor subdivision, to off -set this abandonment and
vacation of public right -of -way (depicted on Exhibit D).
2) Owner will re- dedicate a minimum 40 -foot wide drainage easement. An
additional 32 -foot drainage easement on the south side of the 40 -foot right -of-
way will be dedicated with the proposed Tyler Subdivision, Block 10, Lots 10
& 11. An additional 32 -foot drainage easement on the north side of the 40-
H: Le g/garyws/ agenda /2006 /6- 27/Yorktownabandon
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INDEXED
foot right -of -way will be dedicated at the time of the replat of Holliday Harbor
Subdivision.
3) The Owner is required to allow public pedestrian access to the Laguna Madre
waterway within the 32 feet to be dedicated with the plat on the south side.
4) No surface improvement is allowed on the drainage easement.
5) Owner is required to close, abandon, and realign Shore Drive between
Yorktown Blvd. and Seaside Drive at the time of replatting Holliday Harbor.
6) 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.
7) Owner must comply with all the specified conditions of the ordinance within
180 days of Council approval.
H: Leg/garyws/ agenda /2006 /6- 27/Yorktownabandon
That the foregoing ordinance was read for the first time and passed to its second
reading on this the Al't/ day of
Henry Garrett Rex A. Kinnison
v
Brent Chesney John Marez
Melody Cooper Jesse Noyola
Jerry Garcia Mark Scott
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the 11 day of GILiti , 2006 by the following vote:
Henry Garrett at/6, Rex A. Kinnison A p
Brent Chesney John Marez
Melody Cooper Jesse Noyola —'14.
Jerry Garcia Mark Scott
Bill Kelly 0_0E_
PASSED AND APPROVED, this the /1 day of `i , 2006.
, 2006, by the following
vote:
ATTEST:
Armando Chapa
City Secretary
Approved: June 22, 2006
By:
G =ry . Smith
Assistant City Attorney
For City Attorney
H: Leg /garyws/ agenda /2006 /6- 27 /Yorktownabandon
CITY OF ORPUS CHRISTI
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Henry Garre
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EXHIBIT D
DRAINAGE DITCH
(25 Yr. Flow 588 cfs)
State of Texas
County of Nueces
PUBLISHER'S AFFIDAVIT
} CITY OF CORPUS CHRISTI
} ss: Ad # 5501429
PO #
r,45,/(4
Before me, the undersigned, a Notary Public, this day personally came Sandra
Orum, who being first duly sworn, according to law, says that she is Legal
Sales Representative 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 ? ?WHEREA 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 12TH day(s) of
JUNE, 2006.
$171.91
&Ofrracct, atelvt..1
Legal Sales Representative
TWO 2 ) Time(s)
Subscribed and sworn to me on the date of
L !tLao4
Notary Public, Nueces County, Texas
Michelle Cabrera
Print or Type Name of Notary Public
My commission expires on March 19 2008.
roc{ MICHELLE JOYCE CABRERA
F MY COMMISSION EXPIRES
March 19, 2008
CALLER- TIMES•J . 1 ''•.Monday. 11F
NOTICE OF .PUBLIC
HEARING
Whereas, application
having been tiled with
the City Council of the
City of Corpus Christi,
Texas, to consider the
following street
closure(s): a 22,692
square foot portion of
an undeveloped and
unsurfaced, 40 -foot
wide dedicated public
right -of -way (Yorktown
Boulevard Extension),
out of Lots 9 & 24,
Section 52, Flour Bluff
& Encinal Farm &
Garden Tracts, east of
Laguna Shores Road,
between the Laguna
Shores right -of -way
and the Laguna Madre.
NOW, THEREFORE,
NOTICE IS HEREBY
GIVEN THE PUBLIC:
That a public hearing
o said a i lon(g )
consider
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,
June 27, 2006 after
10:00 a.m. during the
regular Council
meeting, at which time
and place all persons
and parties andyor their
agents may appear
and be heard by the
said City Council.
Effective on June 12,
2006.
/s/ Armando Chapa
City Secretary,i
ity of Corpus Chridi
Doc# 2006037866
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. 026864 passed and
approved by Corpus Christi City Council on July 11, 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 21st day of July, 2006.
k
Armando Chapa
WS7" City Secretary
44 �,., ` Corpus Christi, Texas
) �� / 1
pry,, '(.S4-p.5 L)
•
e -��� s:
Doc# 2006037866
�/J/1 # Pages 8
� ,� 87/25/2886 2:24PM
6.70;ifieKrvie / ' Official Records of
NUECES COUNTY
DIANA T. BARRERA
L2e 'tfOp vvt e c/v i c e s COUNTY CLERK
Fees $43.88
2yaK Leop4Kci
STATE OF TEXAS
COUNTY OF NUECES
CC�1 C J �j x ��qG`1 I hereby certify that this instrument was FILET
' 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
(4C1.- "):;,) (1.41..,AG.A.A...) 16417141MIL-3
DIANA T. BARERRA
NIECES COUNTY, TEXAS
Any provision herein which restricts the Sale, R
ental or use
of the described REAL PROPERTY because of Race,
Col ort
Religion, Sex, Handicap, Familial Status, or Nat
ional Origin
is invalid and unenforceable under FEDERAL LAW,
3/12/89