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Home My WebLink About027500 ORD - 11/20/2007Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 30,887.54 -SQUARE FOOT PORTION OF THE EDEN LANE PUBLIC RIGHT-OF-WAY, OUT OF LOTS 3, 3A, 4, & 5, EHLERS GARDEN TRACTS, LOCATED EAST OF THE MCBRIDE LANE STREET RIGHT-OF-WAY, AND NORTH OF IH37; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Javelina Refinery is requesting the abandonment and vacating a 30,887.54 -square foot portion of the Eden Lane public right-of-way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of the McBride Lane Street right-of-way, and north of IH 37; 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 utility easements, 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 30,887.54 -square foot portion of the Eden Lane public right-of- way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. A temporary utility easement is retained over, under, along, across, and through the abandoned right-of-way until the existing utilities in each easement are relocated or abandoned. The plat of the subdivision is recorded in Volume 6, Page 33, Volume 37, Page 124, and Volume 31, Page 69 of the Map Records of Nueces County, Texas. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner pay the fair market value of $23,166.00 within 30 days of the adoption of this street closure ordinance, on a one-time payment basis, for the abandonment and vacation of a 30,887.54 -square foot portion of the Eden Lane street right-of-way. 2) Owner must retain the entire 30,887.54 -square foot portion of the Eden Lane street right-of-way proposed for closure as a utility easement for the continuous maintenance of all existing public and private utilities within the right-of-way, by the appropriate private and public utility companies. 3) No additional vehicular traffic by refinery trucks will be allowed on the Eden Lane right-of-way, only for utility maintenance purposes or as an emergency entrance or exit. 0.. 7 :00 H:1LEG-DI RlShared\GarySlagenda12007111-1310RD-abandon-vacateJavelinaRefinery-UtilEasement.doc Page 2 of 3 4) Owner will be allowed to construct a chain-link fence with gate across the right- of-way with a sign and 24 hour emergency number for utility maintenance access. 5) The relocation of any existing City or private utilities will be done at owner's expense. 6) 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-DI R\Shared\GarySlagenda12007111-131ORD-abandon-vacafeJavelinaRefinery-UtilEasement.doc Page 3 of 3 That the foregoing ordiwice was reach. for the first time and passed to its second reading on this the 1 day of�(}�►(,i aeA , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez 1440w4 - Michael McCutchonAlit That the f9egoing ordinance was read for the second time and passed finally on this the ,20day of aivk , 2007, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummed Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the � �day of ATTEST: Armando Chapa City Secretary APPROVED as to form: November 7, 2007 By: ofk) Gary % Smith Assistant City Attorney For City Attorney hOilltratA , 2007. my Gart-tt Mayor 027500 H:1LEG-DIR1SharedlGarySlagenda12007111-131ORD-abandon-vacateJavelinaRefinery-UtilEasement.doc a 8 $§2 s2��( /§ \ 2R 0‹ !§9i§ q 7§B§§ Sf f/$Y FgOi 4 \:22(" §\ )/%("" §o §) §c7 h w ■ E!%� �ƒ $ \§2 k■92§/ 222 :kk .g ege 0 1- = X m PROPOSED EDEN LANE STREET CLOSURE ,. EXHIBIT C State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5823507 PO # Before me, the undersigned, a Notary Public, this clay personally came CRIS HURTADO, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, 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, application which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 05Th of NOVEMBER, 2007. $172.41 1Time(s) On this 1.4\ day o 2 MI Y certify that is a true and an exact copy made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 2, 2008 ched document Public, State of Texas • November 5, 2007 Texas, to consider the closure and abandon- ment of the following pubht-of-way: a 30,887.54 -square 1ic f foot portion of the Eden Lane public right-of- way, out of Lots 3, 3A, 4, & 5, Ehlers Garden Tracts, located east of the McBride Lane street right-of-way, and north of iii 37; subject to compliance with the specified con- ditions. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a publichearingon said application(s) to consider the closure; and abandonment will be held by the City i 'Council in the Council Chambers of City Hall, 1201 Leopard, In the City of Corpus Christi, Texas on Tuesday, November 13, 2007 after 10:00 a.m. during ithe regular Council meeting, at which time and place all persons r thaeir agentssrnaydap- pear and be heard by the said City Council. Effective on November 5, 2007. /s/ Armando Chapa City Secretary City of Corpus Christi ORIGINAL Doc# 2008010027 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Resolution No. 027500 passed and approved by Corpus Christi City Council on November 20, 2007 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 26th day of November 2007. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas DIANA T. BARERRA NUECES COUNTY, TEXAS Any rovision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status, or Nat ional Origin is invalid and unenforceable under FEDERAL LAW, 3/12/89. Doc# 21:W1E1010027 it Pages 8 03/04/2008 1:48PM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 City of Corpus Christi Development Services/ R Sepl ServicesNa406Leopard,Suite t00 Corpus Christi,TX 78408