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Home My WebLink About027968 ORD - 12/09/2008Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 61,537.10 -SQUARE FOOT PORTION OF THE UNDEVELOPED AND UNSURFACED SOUTH OSO PARKWAY DEDICATED PUBLIC RIGHT-OF-WAY, OUT OF THE BOTANICAL GARDENS PARK UNIT 4 SUBDIVISION, LOCATED NORTH OF AND ADJACENT TO THE SOUTH STAPLES STREET (FARM TO MARKET HIGHWAY 2444) PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi (Owner) is requesting the abandonment and vacating of a 61,537.10 -square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right-of-way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 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 undeveloped and unsurfaced public right-of-way, subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 61,537.10 -square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right-of-way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way, as recorded in Volume 63, Page 140 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) Payment of the fair market value is waived. City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. 2) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up-to-date survey, abstracted for all easements 027968 Q:\Sha red\Jay'genda\2008\11-18\ORD-abandon-vacatePubRo W-SouthOsoPkwy-BotanicalGardens.doc INDEXED Page 2 of 3 and items of record, must be submitted to the Assistant City Manager of Development Services. Q:\Shared\JayWgenda\2008\11-18\ORD-abandon-vacatePubROWSouthOsoPkwy-BotanicalGardens.doc Page 3 of 3 That the forego) ordinance as reapfor the first time and passed to its second reading on this the /On day of Nb1/ , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That tnp foregoing ordinan was read for the second time and passed finally on this the q' day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly PASSED AND APPROVED, this the Armando Chapa City Secretary APPROVED as to form: November 10, 2008 By: Y4tte Aguilbr Assistant City Attorney For City Attorney Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of hZ€h uir.. & , 2008. H ry arre Mayor 027968 Q:\SharedUay\Agenda\2008\11-18\ORD-abandon-vacatePubROW-SouthOsoPkvry-BotanicalGardens.doc EXISTING D.E. VOL 2358, P. 350 D.R.N.C.T. Nb d a N 0 p 3,! SVA .0 J$I we pps ppOD N ONINNM36 d0 1gOd SOUTH STAPLES (FM 2444) SOW soot* .00.00.011 a tE\T P m A 41 6423 .2 N rn eh"ro- I\ .O c4 0 U Ez 0 ° q) METES AND BOUNDS DESCRIPTION OWNER: CITY OF CORPUS CHRISTI b a 1 i Map Viewer @mteamsamona LOCATION MAP State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT C1g932 CITY OF CORPUS CHRISTI Ad # 5881103 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, 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, applic which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 11/312008,11/3/2008. $ 184.05 2Time(s) On this AO* day of 97.1{-/-64-2 I certify that the attached document is a true and an exact copy made by publisher. ary Public, State of Texas 6F • Monday • November 3, 2008 • CALLER -TIMES NOTICE OF PUBLIC HEARING Whereas, application' having been filed with the City Council of the City of Corpus Christi, Texas, to consider the closure and abandon- ment of the following public street right -of - w a y„<;;'t, a 61,537.10 -square foot portion of the undevel- Legal Notices 1110 oped and unsurfaced South Oso Parkway dedicated public right- of-way, out of the Bo- tanical Gardens Park Unit 4 Subdivision, lo- cated north of and ad- jacent to the South Staples Street (Farm to Market Highway 2444) public right-of- way; subject to compli- ance with the specified conditions. 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, November 18, 2008 after 10:00 a.m. during the regular Council meeting, at which time and place all persons and parties and/or their agents may ap- Legal Notices 1110 pear and be heard by the said City Council. Effective on November 18, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi Doc* 200904736 �. 1VN1O1IO 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. 027968 passed and approved by Corpus Christi City Council on December 9, 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 30th day of October, 2009. r I. a. ger 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 tine stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas ilL (Ai)) rd()A04.06o tgmote,) DIANA T. BARRERA NUECES COUNTY, TEXAS Any provision 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# 2009047361 # Pages 8 11/24/2009 9:21AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $43.00 CY/City of Corpus Christi bevelop Services/ Special Services x06 Leopard,Suite 100 Copus Christi,TX 78408 O K v * L U