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HomeMy WebLinkAbout027148 ORD - 02/13/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 6,001 -SQUARE FOOT PORTION OF A 20 -FOOT WIDE X 300 -FOOT LONG, UNDEVELOPED PUBLIC ALLEY RIGHT-OF-WAY, OUT OF BLOCK 19, BROOKLYN ADDITION, BETWEEN THE NEAL STREET AND HAYES STREET PUBLIC RIGHTS-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, John M. Golden, owner of J Golden Properties, Inc., requested the abandonment and vacation of the undeveloped public alley right-of-way, out of Block 19 Brooklyn Addition, for the construction and development of a gated town home community on property including the undeveloped public alley right-of-way; 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 undeveloped public alley right- of-way subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 6,001 -square foot portion of the 20 -foot wide x 300 -foot long, undeveloped public alley right-of-way out of Block 19, Brooklyn Addition, between the Neal Street and Hayes Street public rights-of-way is abandoned and vacated, the plat thereof is recorded in Vol. A, Pages 31-32 of the Map Records of Nueces County, Texas. subject to J. Golden Properties, Inc.'s, compliance with the following specified conditions as part of the abandonment and vacation: Payment is waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned public right-of-way is unimproved, not used for any public purpose, and acquired by an abutting property owner ) Gas Department las an existing 2 -inch wrapped steel gas line that will have to be relocated and if required a utility easement dedicated, at owner's expense {) Wastewater Department has an existing 8" sewer main that will have to be abandoned in place or relocated and existing taps/services that will have to be plugged. at owner's expense. 4) Water Department has an existing 2" waterline that will have to be abandoned at owner's expense AT&T has some old power poles in the alley right-of-way that will have to be removed at owner's expense. i.EG-DIR Shared \Gary Slagenda120071: 13'ORD-BrooklynAddn-abandon-vacateGoldenProp.doc 0027! 4S. Page 2 of 3 0) Upon approval from 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 Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure on this 13th day of February, 2007. ATTEST CITY OF CORPUS CHRISTI Armando Chapa Henry Garr City Secretary Mayor, City of Corpus Christi APPROVED: February 7, 2007 ary Smith Assistant City Attorney For City Attorney H.1LEGDIR\Shared\GaryS`,agenda12007` 2 13\ORD-BrooklynAddn-abandon-vacateGoldenProp.doc ,OCA1)ON MAP N.T.S. (breeze Boulevard NS2150'00"E Gini of 8etinniny 3200 00 : �2C fieri Avenue A Exhibit. 13 to A ccor 20 L ti3 fu• me :.:;as:ng of o 20.00 foot 0.de allay _as shown 027 =M_ ,rcorJel1 plat oI, ern:Ayr Addition, a mop of wnk s t cor[led 4iti.rne .1 Pages 31-32, ,flop Records of Nueces County, Teras. ENGINEERING SCALE: JAN. 4,h 2007 SCALE: 1 r•$0' J06 ND.: 40758.00.01 SHEET; 1 of 2 DRAWN SY: RLG Page 3 of 3 Corpus Christi, Texas ..1 -r - day of k-b1Wux4 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members The above ordinance Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Ksnnison Melody Cooper Jesse Noyola Mark Scott Respectfully, Henry Garrett Mayor. City of Corpus Christi was passed by the following vote: H \LEG-DIR\Shared\GaryS\agerida\2007 ' 13\,CRD-BrooklynAddn-abandon-vacateGoldenProp.doc 2 7 149