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