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HomeMy WebLinkAbout027095 ORD - 12/19/2006AN ORDINANCE ABANDONING AND VACATING A 1,820.49- SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (WHITECAP BLVD.), OUT OF PADRE- ISLAND- CORPUS CHRISTI, SECTION -C; NORTH OF WINDWARD DRIVE AND WEST OF LEEWARD DRIVE PUBLIC RIGHTS -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, there is a 1,820.49- square foot portion of an undeveloped and unsurfaced, dedicated public right -of -way (Whitecap Boulevard) out of Padre - Island- Corpus Christi, Section -C, plat recorded in Volume 34, Pages 133, Map Records of Nueces County, texas located north of the Windward Drive and west of the Leeward Drive public rights - of -way. that Island Lighthouse Properties, L.P. is requesting to have abandoned and vacated as a street right -of -way to expand its existing parking lot with required landscaping, 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 1,820.49 - square foot portion of an undeveloped and unsurfaced dedicated public right -of -way (Whitecap Boulevard) out of Padre - Island- Corpus Christi, Section -C, plat recorded in Volume 34, Pages 133, Map Records of Nueces County, Texas, located north of the Windward Drive and west of the Leeward Drive public rights - of -way. is abandoned and vacated for public use as a right -of -way, subject to Island Lighthouse Properties, L.P 's compliance with the following specified conditions as part of the abandonment and vacation Island Lighthouse Properties, L.P , (Owner) shall pay the fair market value of $7,510.00 for the abandonment and vacation of the total 1,820.49- square foot portion of the Whitecap Boulevard street right -of -way (depicted on Exhibit A). 2; Planning Division requires that a utility easement be retained within the entire public right -of -way for closure for all exiting city and private utilities, and that closure be restricted to only a parking lot with required landscaping. 3 City Water Department has an existing 12" PVC waterline on a portion of the Whitecap Boulevard public right -of -way and will require that the Owner retain a utility easement within the entire public right -of -way proposed for closure. 43 City Wastewater Department has an existing 10" PVC force main on a portion of the Whitecap Boulevard public right -of -way and will require that the Owner r F4: Leg/gar} ws /agenda 2006/1: -12/ Whitecapabandon �. 1 retain a utility easement within the entire public right -of -way proposed for closure 5) 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 6:) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. t! : Leg/ga ws/agenda 2006112 1 2! W h itecapabandon 'hat the foregoing ordinance was read for the first time and passed to its second eading on this the day of . � �Y , 2006, by the following vote: Henry Garrett ` t ( Rex A. Kinnison Brent Chesney John Marez Melody Cooper Jesse Noyola :Ferry Garcia Mark Scott Dili Kelly 'hat the foregoing ordinance was read for the second time and passed finally on this the day of `� J2 , 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 7. 2006 By Glory W. Smith Assistant City Attorney For City Attorney H1 eg/gan ws /agenda. 2006/12 12" Whitecapabandon Rex A. Kinnison John Marez Jesse Noyola Mark Scott Merk I�� day of Vqi I n , 2006. CITY OF CORPUS CHRISTI H -nry Garre Mayor