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HomeMy WebLinkAbout027761 ORD - 07/15/2008Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 7,293 -SQUARE FOOT PORTION (50' WIDE X 145' LONG) OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT-OF-WAY (CHARLOTTE DRIVE) OUT OF TROPIC HEIGHTS UNIT 2, LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, ADJACENT TO AND SOUTH OF THE MEDITERRANEAN DRIVE PUBLIC RIGHT-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Mr. Joseph Hasselmeier and Mr. Kirk Parker are requesting the abandonment and vacating of a 7,293 -square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced dedicated public right-of-way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right-of-way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, July 8, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in 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 portion of the public right-of-way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 7,293 -square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right-of-way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right-of-way, as recorded in Volume 41, Page 22 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right-of-way is conditioned as follows: 1. The City Code, Sec. 49-12, waives payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, and acquired by an abutting property owner, as it is in this case. 2. Owner to pay for the construction and extension of sidewalk, curb and gutter, and necessary pavement repair required to complete the gap in the Mediterranean Drive street section across the Charlotte Drive right-of-way. 027761 H:\LEG-DIR\Shared\Jay &genda\2008\7-8\ORD-abandon-vacateROW-CharlotteDrive-2reading.doc Page 2 of 3 3. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right-of-way, by calling 1-800-DIG-TESS, due to possible utility conflicts. 4. AT&T has buried cable facilities across the public right-of-way and will require a 15' utility easement by separate instrument across the rear portion of the street right-of-way to match the existing 15' easement at the rear of the adjacent lots. 5. AEP has overhead electrical facilities across the public right-of-way and will require a 15' utility easement by separate instrument across the rear portion of the street right-of-way to match the existing 15' easement at the rear of the adjacent lots. 6. TimeWarner has overhead electrical facilities across the public right-of-way and will require a 15' utility easement across the rear portion of the street right-of-way to match the existing 15' easement at the rear of the adjacent lots. 7. A 15' utility easement is reserved across the rear portion of the right-of-way to match the existing 15' easement at the rear of the adjacent lots and will require a 15' utility easement by separate instrument across the rear portion of the street right-of-way to match the existing 15' easement at the rear of the adjacent lots. 8. City Water Department has an existing 6" waterline valve within the Charlotte Drive public right-of-way that will require dedication of a 15' utility easement by separate instrument or will have to have the existing 6" waterline removed and plugged at the tee ($1,259.00), at owner's expense, prior to abandoning and vacating that portion of the right-of-way. 9. Upon approval from Council and ordinance issued, all grants of street closure 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. 10.Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H ALEG-DI R\S h a redUay V+genda\2008\7-8\ORD-abandon-vacateRO W-CharlotteDrive-2reading. doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second p� reading on this the D day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly That the foregoing ordinanc wa read for the the I5911 -day of , 2008, Henry Garrett 'A �/- Melody Cooper 14r _ � eik Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez 0 Michael McCutchon Alt second time and passed finally on this by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchonAt PASSED AND APPROVED, this the I J ``day of ATTEST: Armando Chapa City Secretary APPROVED as to form: June 30, 2008 By: R. JayiRejing Firs As stant y Attorney For City Attorney 027761 H ALEG-DIR\Shared\JapAgenda\2008\7-8\ORD-abandon-vacateROW-CharlotteDrive-treading.doc 1i Yorktown yen yt LJ c v 0 0 `-' 0 of o c WIPleiodes o; r ' ^lrntores 1 p(1 rµ \j 3(orion 1 ml 4 �nl Off`. l M?diterronean f Vega Rive Site Clearvie 0 0 o J a o, al 0 ^SII oI m 0 Q Buena Vista Y ins Pa'mas I Seos de 0 W cJ C Q Yorktown LOCATION MAP N.T.S. Mediterranean Drive 251 B (60' R.O.W.) 60 40 20 S61'00'00"E 70.00' utd 1 J N Z 715' U.E7 ©A=90'00'00. R=10.00' T=10.00' L=15.71' Point ofBeginning1 FlEIDNOTES for the closing of a portion of Charlotte Drive, a 50 foot wide public roadway, as shown by the recorded plat of Tropic Heights Unit 2, a mop of which is recorded in Volume 41, Page 22, Mop Records of Nueces County, Texos. Rood Closure 7,292.92 SQ.FI. G, 1• 52990'00'W 10.00' t 07 0 O N at— O N cmc a N 3 O m o,enm a0 0 00z J O 5 11-:> 0 0_' 25' 8.L. 0 N61'00'00'W 50.00' Lot 4. Section 52 Flour Bluff and Encino! Farm and Gordan Tract, Vol. A. Pages 41-43, M.R.N.C.T. URBANDATE: NOV. 30, 2007 SCALE: 1'=40' ENGINEERING ' NO.: 41403.00.00 2725 �,na Basta Oren TEXAS 7sw>r SHEET: 1 OF 2 010,1854-.7104P (.181)854-6027DRAWN BY: DI 02007 by Urbon Engineering r- , .. , P7 ,'•r A IX3C. Zoogoy7 413 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 Ordinance No. 027761 passed and approved by Corpus Christi City Council on July 15, 2008 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 21st day of July, 2008. Armando Chapa City Secretary Corpus Christi, Texas (S E A L) U E c E l V L JUL 12 3 2008 I DEVELOPMENT SERVICES SPECIAL SERVICES A ORIGINAL STATE E CF TEXAS COUNTY OF NUECES I hereby certify that this instruoent was FILET: in fila nuber° sequence on the date and at the tine starred herein by oe, and :gas duly RECORDED in the Official Public Records of Nueces County, Te::as f...-1Qi.}4 ( ! 'tom "�". ijP.,d r.9;}�A•�r, :.x S,�it ;•..�•/a? .�; .�,ir�4 ,�.srT;. yc.�,ir`•�Y „i,: ..,i_:�� DIANA I EARRERA NUECES COUNTY, TEXAS Any provision herein which restricts the Sale, R ental or use of the described REAL PROPERTY because of :ace, Color, Religion, Sex, Handicap, Facilial Status, or ;;gat ional Origin is invalid and unenforceable under FE ERAL LAW, ti/l2/39. roc;; 225062474 23 n Pages iii 10/24/2008 2:32A 1 Official Records of NUECES COUNTY DIANA T. BARREFA CUNTY CLERK T /1 u Sz-ic?C6 `' d.3..,.J.Shite 1C`.:' Cor;, .3 T 73AC:'