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Home My WebLink About027253 ORD - 05/08/2007Page 1 of 6 AN ORDINANCE ABANDONING AND VACATING THE ERWIN AVENUE PUBLIC STREET RIGHT-OF-WAY OUT OF OAK LAWN SUBDIVISION, FROM BUDDY LAWRENCE DRIVE TO INTERSTATE HIGHWAY 37; OAK PAF( AVENUE OUT OF OAK LAWN SUBDIVISION, FROM BUDDY LAWRENCE DRIVE TO INTERSTATE HIGHWAY 37; RETAMA AVENUE BETWEEN OAK LAWN SUBDIVISION AND HARBOR VIEW ESTATES, FROM BUDDY LAWRENCE DRIVE TO THE NORTH RIGHT- OF-WAY LINE OF HUISACHE STREET; CENIZO AVENUE OUT OF HARBOR VIEW ESTATES, FROM GIBSON STREET TO APPROXIMATELY 122 FEET SOUTH OF HUISACHE STREET; CENIZO AVENUE OUT OF GRACE HEIGHTS ADDITION FROM GRACE DRIVE TO THE NORTH RIGHT-OF-WAY LINE OF COLIMA STREET; MAGUEY STREET OUT OF HARBOR VIEW ESTATES FROM GIBSON STREET TO APPROXIMATELY 122 FEET SOUTH OF HUISACHE STREET; MAGUEY STREET OUT OF GRACE HEIGHTS ADDITION FROM GRACE DRIVE TO INTERSTATE HIGHWAY 37; GIBSON STREET OUT OF HARBOR VIEW ESTATES, FROM POTH LANE TO RETAMA AVENUE; NOAKES STREET, OUT OF HARBOR VIEW ESTATES, FROM POTH LANE TO RETAMA AVENUE; HUISACHE STREET, BETWEEN GRACE HEIGHTS ADDITION AND HARBOR VIEW ESTATES, FROM POTH LANE TO APPROXIMATELY 75 FEET WEST OF THE CENTERLINE OF RETAMA AVENUE; HUISACHE STREET, OUT OF OAK LAWN SUBDIVISION, FROM BUDDY LAWRENCE DRIVE TO APPROXIMATELY 75 FEET EAST OF THE CENTERLINE OF RETAMA AVENUE; GRACE DRIVE, OUT OF GRACE HEIGHTS ADDITION, FROM MAGUEY STREET TO CENIZO AVENUE; ASH STREET, BETWEEN OAK PARK ADDITION AND GRACE HEIGHTS ADDITION, FROM POTH LANE TO RETAMA AVENUE AND FROM RETAMA AVENUE TO INTERSTATE HIGHWAY 37, SAVE AND EXCEPT THE PORTION OF RETAMA AVENUE REMAINING OPEN; COLIMA STREET, OUT OF OAK PARK ADDITION, FROM POTH LANE TO INTERSTATE HIGHWAY 37; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, CITGO Refining and Chemicals Company L.P., requested the abandonment and vacation of the Erwin Avenue public street right-of-way out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Oak Park Avenue out of Oak Lawn Subdivision, from Buddy Lawrence Drive to Interstate Highway 37; Retama Avenue between Oak Lawn Subdivision and Harbor View Estates, from Buddy Lawrence Drive to the North Right -of -Way line of Huisache Street; Cenizo Avenue out of Harbor View Estates, from Gibson Street to approximately 122 feet south of Huisache Street; Cenizo Avenue out of Grace Heights Addition from Grace Drive to the north right-of-way line of Colima Street; Maguey Street out of Harbor View Estates from Gibson Street to approximately 122 feet south of Huisache Street; Maguey Street out of Grace Heights Addition from Grace Drive to Interstate Highway 37; Gibson Street out of Harbor View Estates, from Poth Lane to Retama Avenue; Noakes Street, out of H \LEG-DIR\Shared\GaryS\agenda1200714-241ORD-abandon-vacateCITGOPublicStreets.doc 027253 Page 2 of 6 Harbor View Estates, from Poth Lane to Retama Avenue; Huisache Street, between Grace Heights Addition and Harbor View Estates, from Poth Lane to approximately 75 feet west of the centerline of Retama Avenue; Huisache Street, out of Oak Lawn Subdhfision, from Buddy Lawrence Drive to approximately 75 feet east of the centerline of Retama Drive; Grace Drive, out of Grace Heights Addition, from Maguey Street to Cenizo Avenue: Ash Street, between Oak Park Addition and Grace Heights Addition, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion of Retama Avenue remaining open; Colima Street, out of Oak Park Addition, from Poth Lane to Interstate Highway 37. The public street rights-of- way to be abandoned and vacated are located in "B-3", "1-2" and "1-3" districts; and WHEREAS, with proper notice to the public, public hearings were held on Monday, April 9, 2007, during a meeting of the Transportation Advisory Committee, and on Tuesday, April 24, 2007, during a meeting of the City Council, in the Council Chambers, at City Hallin the City of Corpus Christi, during which all interested persons were allowed to appear and be heard. and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portions of the public street 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 following public street rights-of-way are abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temprary utility easement is retained over. under, along, across, and through each abanoned public street right-of-way until the existing utilities in each right-of-way are relocated or abandoned a) Erwin Avenue public street right-of-way out of Oak Lawn Subdivision, plat recorded at Volume 5, Page 27, Map Records of Nueces County, Texas, from Buddy Lawrence Drive to Interstate Highway 37; b) Oak Park Avenue out of Oak Lawn Subdivision, plat recorded at Volume 5, Page 27. Map Records of Nueces County, Texas, from Buddy Lawrence Drive to Interstate Highway 37. c) Retama Avenue between Oak Lawn Subdivision, plat recorded at Volume 5, Page 27, Map Records of Nueces County, Texas, and Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Buddy Lawrence Drive to the North Right -of -Way line of Huisache Street; d) Cenizo Avenue out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Gibson Street to approximately 122 feet south of Huisache Street. H \LEG-DIR\Shared\GaryS\agenda\2007\4-241ORD-abandon-vacateCITGOPublicStreets.doc Page 3 of 6 e) Cenizo Avenue out of Grace Heights Addition, plat recorded at Volume 12, Page 11 Map Records of Nueces County, Texas, from Grace Drive to the north Right - of -Way line of Colima Street; f) Maguey Street out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Gibson Street to approximately 122 feet south of Huisache Street; g) Maguey Street out of Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, from Grace Drive to Interstate Highway 37; h) Gibson Street out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Poth Lane to Retama Avenue; i ) Noakes Street, out of Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas. from Poth Lane to Retama Avenue; 1) Huisache Street, between Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, and Harbor View Estates, plat recorded at Volume 5, Page 49, Map Records of Nueces County, Texas, from Poth Lane to approximately 75 feet west of the centerline of Retama Avenue; k) Huisache Street, out of Oak Lawn Subdivision, plat recorded at Volume 5, Page 27. Map Records of Nueces County, Texas, from Buddy Lawrence Drive to approximately 75 feet east of the centerline of Retama Drive; I) Grace Drive, out of Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, from Maguey Street to Cenizo Avenue; m) Ash Street. between Oak Park Addition, plat recorded at Volume 5, Page 9, Map Records of Nueces County, Texas, and Grace Heights Addition, plat recorded at Volume 12, Page 11, Map Records of Nueces County, Texas, from Poth Lane to Retama Avenue and from Retama Avenue to Interstate Highway 37, save and except the portion of Retama Avenue remaining open; n) Colima Street, out of Oak Park Addition, plat recorded at Volume 5, Page 9, Map Records of Nueces County, Texas, from Poth Lane to Interstate Highway 37 SECTION 2. The abandonment and vacation of the above public street rights-of-way is cond4ioned upon the Owner's compliance with the following: Staff recommends that the Owner pay the fair market value of $292,926.60 within 30 days of the adoption of this street closure ordinance. on a one-time payment basis, for the abandonment and vacation of the 650,948 -square feet of public street rights-of-way within H \LEG-DIR\Shared\GaryS\agenda\200714-24\ORD-abandon-vacateCITGOPublicStreets.doc Page 4 of 6 the Oak Park Area bounded by the Buddy Lawrence Drive, Gibson Street, Poth Lane. and Interstate Highway 37 Frontage Road. 2 That the entire width of all the public street rights-of-way proposed for closure be retained as utility easements until all existing utilities have been abandoned in place or relocated at owner's expense. AEP, AT&T and TimeWarner will seek reimbursement if adjustments to their facilities become necessary. CITGO Refining and Chemicals Company, agrees to provide access to the TCEQ, from the street rights-of-way, to allow the TCEQ to maintain and operate the existing monitoring station site. CITGO Refining and Chemicals Company agrees to also provide access from the street rights- of-way to allow contract services to maintain and operate the existing privately owned real time gas chromatograph facilities which are operated in parallel with the TCEQ Huisache Street air quality monitoring station. If TCEQ decides to relocate to an alternate location within the 300 -foot buffer zone, CITGO Refining and Chemicals Company agrees to provide access to the new site location, provided that the new site is on CITGO property. The existing privately owned real time gas chromatograph facilities operated in parallel with the TCEQ Huisache Street air quality monitoring station will remain in operation until decommission or relocation is agreed to by the Corpus Christi Community Advisory Council. There are existing ground water monitoring stations within the limits of the proposed street closures. CITGO Refining and Chemicals Company L.P., agrees to provide access to the existing ground water monitoring stations from the street rights-of-way, to allow the maintenance and operation of these ground water monitoring stations. CITGO Refining and Chemicals Company L.P., agrees to provide additional traffic control measures as required to prevent adverse traffic impacts to the neighboring residential areas that might result from periods of high plant activity, such as plant turn-arounds. 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. H \LEG -DI R\Shared\GaryS\agenda12007\4-24\ORD-abandon-vacateCITGOPublicStreets.doc Page 5 of 5 That tie foregoing ordinance was read for the first time and passed to its second reading on this the '-- day of ri l , 2007, by the following vote: Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia That teloregoing ordin the '1=t1 day of Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly NI Rex A. Kinnison O -9e- 0 S <? ,- Jesse Noyola Mark Scott e - was read for the second time and passed finally on this , 2007, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott N0 4 PASSED AND APPROVED, this the day of I 1 , 2007. ATTEST / Armando Chapa Henry Gayfett City Secretary Mayor APPROVED: April 18, 2007 /4:)mit- G Smith Assiant City Attorney For City Attorney H:\LEG-DI R\Shared\GaryS\agenda\2007\4-24\ORD-abandon-vacateC ITGOPublicStreets.doc n272! MAGELLANTERMANAL HOLDINGS. LP EOUMSTAR CHEMICALS LP - (. EQUISTAR CHEMICALS IP EQUISTAR CHEMICALS LP !00 0 ER o 000 TGC WtWAMS TERMINALS HOLDINGS FINCH ST. 4 =1-3 5 SCALE t --s00' - CITY JMRS MIMES 3T. TRACK -2 ZONE I-3 IU8ACHE ST. -"-- I j ll.CE DR. o, 6lMCK1 Q i gr I-2 �1 lirk r r ASN ST. ' r 1 ii i2 T146� ' 9 &p T �6i' s '-e n W./'. *... '3 12 -' 1t0 is 2arpn irtil,, , 21 ,27 ' 22 i' 28 2S' -'22 - LEGEND f r CITY UNIT UNE ROAD TO REMAIN OPEN ROAD R.O.W. CLOSURE FUNT HILLS (ICOCH) JAVELINA EDISTAR CHEMICALS LP WILUAMS TERMINALS HOLDINGS PRIVATELY OWNED -NOT CLOSED EXXON ROAD R.O.W. CLOSURE - OS0.948 SY. CITGO 3t EXHIBIT C OAK PARK AREA Zi41 4030 PROPOSED ROAD CLOSURE SHEET 1 of 2 PROJECT LOCATION !/ Ark - NORTH t - VICINITY MAP NOT TO SCALE EXHIBIT C OAK PARK AREA PROPOSED ROAD CLOSURE SHEET 2of2 CP1A.F:35— 'r�* ; . -in t=o} 'TitleServices _ f4At; `k Sy o. r ncahvi 7i S i.l 4• fe ,as #g 4.701 I FEE: - STATE OF TEXAS COUNTY CIF KEES 1 hereby certify that this instrusent was FILED in file nu ber seauence on the date and at the the stamped herein by ue, mid was duly RECORD in the Official Public RecoHs of Nueces County, Texas xi3uAA)'r DIS T. BARERRA ACES COUNT, TES provisionAny herein which restricts the Sale, caor use of the describild REAL PROPERTY because of Race, Color, Religion,. Sex, Handicap, Faii ial Status, or Nat i anain i invalid and unenhireeable ander FEDERAL LAW, Doc#2140-712153909 Paries 10/25/M 3:7PM Official Records of NUECES COUNTY DIS T. &RRERA COUNTY CLERK Fees $47.09