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Home My WebLink About027184 ORD - 03/20/2007Page 1 of 2 AN ORDINANCE ABANDONING AND VACATING A 31,825 -SQUARE FOOT PORTION (0.7306 ACRES) OF AN UNDEVELOPED 20 -FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 21-23, SEC. 32, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS (SAN CRISTOBAL AT TERRA MAR SUBDIVISION), SOUTH OF AND ADJACENT TO VICTORIA PARK UNIT 7 SUBDIVISION, AND APPROXIMATELY 450 - FEET SOUTHWEST OF THE OSO PARKWAY STREET RIGHT-OF- WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Urban Engineering of Victoria, on behalf of the Owner/Developer, Hogan Development Company L.P.. requested the abandonment and vacation of a 31,825 - square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right-of-way, out of Lots 21-23, Sec, 32, Flour Bluff & Encinal Farm & Garden Tracts (San Cristobal at Terra Mar Subdivision), south of and adjacent to Victoria Park Unit 7 subdivision, and approximately 450 -feet southwest of the Oso Parkway street right-of- way The undeveloped right-of-way to be abandoned and vacated is located in an "F -R" Farm -Rural district; 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 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 31,825 -square foot portion of the undeveloped 20 -foot wide dedicated public right-of-way is abandoned and vacated, the plat thereof is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, subject to Owner/Developer's compliance with the following specified conditions as part of the abandonment and vacation: Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street right-of-way of greater value on the Valencia at Terra Mar Subdivision, to off -set the proposed abandoning and vacating of public right-of-way. 2) 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 H:\LEG-DIR\Shared\GaryS\agenda\2007\2 271ORD-FBEFGSanCristobalTerraMar-abandon-vacate.doc t2 / 1 84 INDEXE ti 024AVACS 245(0 0Y 120.4S 5141E /CMS CIZIWPaff SYS/!M fsa/1M IOWA ol/A6 f/lY ff MOW CAN/S// CNYIAtT IDKIIWNIS S/ Olt MO SP APO /s(44./AY FALIA Sr 077 10 So 090 15 A0►nv Jr 440. 22' me?' 4rsrA Sf'CTION .27 /r 2st �r f17fx/SGv. J2 . El ,, /r I' 70 000r .101.0/ /. raw 1232. 720( '1? 04,10 &TOWS '1/4' /r ryt r .. 4.Z3 Moo' 712 a/i4( r ,.z.z.. / / .- / `` `�� / / / / SL"CTI1N 32 / 116' / c(avcr a. carrels. .r2. , (7ca / !A( alma WAIFS. 3. / 1 34A/41 4 i0//10W/� /.4q0WASY/I. 410. / aTdl AIM*17 � � / 724C7 7 / PLOW R% UFF AND SNCINJL f'4 RAI /4INRDSN TRA TS / VOL Ifrifi' )1,-..e4 Qgs 11-4'3 / AMP RECO 4'S / NI/AMY COUNT 33A''T'/7.7.YAS 31RAK.1' I. /41/00. 41.. 7 [74( F0 00 4 V;(4,/sr . ./Y. 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URBAN SURVEYING. INC. VICTORIA. TEXAS ,3414 ST11437 SCALE, 1' - 400' JOB N0. 010502 Page 2 of 2 That the foregoing orlance was r for the first time and passed to its second reading on this the 2 t - day of ve 0'1 , 2007, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia k Bill KeIIy Rex A. Kinnison Jesse Noyola Mark Scott W* That tt,f,o.regoing ordin nce as read for the second time and passed finally on this the _ 7j31 day of ______ , 2007 by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Bill KeIIy Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the 7 WI day of mNttik , 2007. ATTES Armando Chapa City Secretary APPROVED: February 22. 2007 . Smith Assistant City Attorney For City Attorney Henry Garr Mayor H \LEG-DIR\Shared\GaryS\agenda\2007.2-2710RD-FBEFGSanCristobalTerraMar-abandon-vacate.doc 2 7 1 } State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT,/ CITY OF CORPUS CHRISTI ss: Ad # 5675745 PO # N 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 WHEREAS, 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 17TH day(s) of FEBRUARY, 2007. $184.05 -.4zi ` = f 4 HF.'4! E JOYCE CARRFRA Gita.11,LJ Legal Sales Representative TWO (2 ) Time(s) Subscribed and sworn to me on the date of n Notary Public, Nueces County, Texas Michelle Cabrera Print or Type Name of Notary Public My commission expires on March 19, 2008. February 17, 2007 . 'NOTICE OF PUBLIC HEARING Whereas, application having been filed with the City Council of the City" of Corpus Christi, Texas, to consider the following undeveloped public' right-of-way closure(s): a 31,825 - square . foot portion (0.7306 acres) of an undeveloped 20' wide dedicated public right- of-way out of Lots 21- 23, Sec. 32, Flour Bluff & . Encina! ' Farm & • Garden Tracts (San Cristobal at Terra Mar Subdivision), south of and adjacent" to Victoria Park Unit 7 Subdivision, and approximately 450 -feet - southwest of the OAo Parkway street riglx-of- way. • NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said application(s) to consider the closure 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, February 27, 2007 after 10:00 a.m. during the regular Council meeting, at which time and place all persons and parties and/or their agents mayappear and be heard by the said City. Council. Effective on February 17, 2007. /s/ Armando Chapa City Secretary City of Corpus Christi , 1