Loading...
HomeMy WebLinkAbout027094 ORD - 12/19/2006AN ORDINANCE ABANDONING AND VACATING A 7,292.92- SQUARE FOOT PORTION (50' WIDE X 145' LONG) OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (LINDA LEE DRIVE), OUT OF BLOCK 3, TROPIC HEIGHTS UNIT 2; ADJACENT TO AND SOUTH OF MEDITERRANEAN DRIVE PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 7,292.92- square foot portion (50' wide x 145" long) of an undeveloped and unsurfaced dedicated public right -of -way (Linda Lee Drive) out of Block 3. Tropic Heights Unit 2 plat recorded in Volume 41, Pages 22, Map Records of Nueces County, Texas. located adjacent to and south of the Mediterranean Drive public right -of -way, that Mr. and Mrs. David Hertzler and Mr. and Mrs. Gary Carroll are requesting to have abandoned and vacated as a street right -of -way to avoid the continuous use of this portion of public right -of -way, that lies between their two properties, as a dumping area for trash and large debris; 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 7,292.92- square foot portion (50' wide x 145" long) of an undeveloped and unsurfaced, dedicated public right -of -way (Linda Lee Drive) out of Block 3, Tropic Heights Unit 2 plat recorded in Volume 41, Pages 22, Map Records of Nueces County, Texas located adjacent to and south of the Mediterranean Drive public right -of -way and adjacent to and north of the Audubon Outdoors (wildlife sanctuary), is abandoned and vacated for public use as a right -of -way, subject to Mr. and Mrs. David Hertzler's and Mr. and Mrs. Gary Carroll's compliance with the following specified conditions as part of the abandonment and vacation: 1 The City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, as it is in this case. 2) Mr. and Mrs. David Hertzler and Mr. and Mrs. Gary Carroll (Owner) to pay for the construction and extension of sidewalk, curb and gutter, and necessary pavement repair required to complete the gap in the Mediterranean Drive street section across the Linda Lee Drive right -of -way. 3) AT &T has buried cable facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the exiting 15' easement at the rear of the adjacent Tots. f Legigaryws /agendas 2006/12 -12/ LindaLeeabandon 27091 4 AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 5 ) City Water Department has an existing 6" waterline valve within the Linda Lee Drive public right -of -way that will have to be removed and plugged at the tee ($820) at Owner's expense prior to abandoning and vacating that portion of the right -of -way 6) Time Warner has overhead communication facilities across the public right -of- way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots 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 recora. must be submitted to the Director of Development Services 8) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:! eg!gare% siagenda ,"2006!12 - 2 /LindaLeeabandon That the foregoing ordinance was read for the first time and passed to its second reading on this the day of Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly tRy , 2006, by the following vote: Rex A. Kinnison John Marez Jesse Noyola Mark Scott 1 hat the foregoing ordinance was read for the second time and passed finally on this � the _ = da y of .11�, , 2006 by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly PASSED AND APPROVED, this the ATTEST Armando Chapa City Secretary Approved: December 6 2006 By: La. 1- i G ry 14 Smith Assistant City Attorney For City Attorney H ( e=2,?garvv sl agenda %2006 12 -' 2 /Linda1 eeabandon Rex A. Kinnison John Marez Jesse Noyola Mark Scott day of fterif- 14- 1Y1 , 2006. CITY OF CORPUS CHRISTI Henry Garr Mayor