HomeMy WebLinkAbout027993 ORD - 12/16/2008Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 5,040.17 -SQUARE FOOT PORTION
OF DEDICATED PUBLIC RIGHT-OF-WAY, LOCATED JUST WEST OF
THE SOUTH STAPLES STREET PUBLIC RIGHT-OF-WAY AND NORTH
OF THE CARMEL PARKWAY PUBLIC RIGHT-OF-WAY; SUBJECT TO
COMPLIANCE WITH THE SPECIFIED CONDITIONS
WHEREAS, Urban Engineering, on behalf of Capital Area Development II, Inc., (Owner)
is requesting the abandonment and vacating of a 5,040.17 -square foot portion of the
dedicated public right-of-way, located just west of the South Staples Street public right-
of-way and north of the Carmel Parkway public right-of-way to accommodate the re-
development of the Parkdale Plaza Shopping Center; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
December 9, 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 the portion of the dedicated public right-of-way
(Exhibit A), subject to compliance with the specified conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 5,040.17 -square foot portion of the dedicated public right-of-way,
located just west of the South Staples Street public right-of-way and north of the Carmel
Parkway public right-of-way, as recorded in Volume 41, Page 158 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:
a. The Owner pays the fair market value of $20,091.90 for the abandonment and
vacating of the 5,040.17 -square foot portion of dedicated public right-of-way. The
consideration must be paid by cashier's check delivered at closing.
b. The City retains two Public Access Easements to allow for public access to the
Parkdale Library from both Gollihar Road and S. Staples Street at all times along the
area of public right-of-way vacated.
c. The City retains a 20 -foot wide drainage maintenance easement centered upon the
existing underground storm water infrastructure.
d. The City retains a 15 -foot wide utility easement for the existing power poles and
cable supporting the Parkdale Library.
027993
ORD -Carmel Parkway - Parkdale ROW closure - B 12.09.08.doc
INDEXED
Page 2 of 3
e. The City retains a 15 -foot wide utility easement within the area of right-of-way being
vacated to serve the existing AT&T underground conduit system.
SECTION 3. Upon approval by Council and satisfaction of the conditions stated above,
the City Manager is authorized to execute and deliver a Special Warranty Deed to the
area vacated retaining the easements as noted above, the Deed to 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, reflecting all easements and items of record, must be submitted to the
Assistant City Manager of Development Services.
ORD -Carmel Parkway - Parkdale ROW closure - B 12.09.08.doc
Page 3 of 3
That the foregoing ord ce was r d for the first time and passed to its second
reading on this the day of Ct., 2008, by the following vote:
Henry Garrett ,,
Melody Cooper �cte,.€4"
Larry Elizondo, Sr. A ` '06
Mike Hummel)
Bill Kelly
That the foregoing o
the (('VA -day of
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
r nance wap read for the second time and passed finally on this
`.(C , 2008, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchonAit
PASSED AND APPROVED, this the f le1 day of
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: December 2, 2008
By:
R. Jay efning
Firs sslstant ity Attorney
For City Attorney
l e.ai"k.6.12 _ , 2008.
/hal
Hdnry Garre,
Mayor
027993
ORD -Carmel Parkway - Parkdale ROW closure - B 12.09.08.doc
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PUBLISHER'S AFFIDAVIT
a ie430
State of Texas } CITY OF' CORPUS CHRISTI
County of Nueces } Ad # 5883809
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
11/24/2008,11/24/2008.
$ 192.78
1Time(s)
On thisOgil4lay of
certify that the attached document
is a true and an exact copy made by publisher.
GWENN J. MEDINA
�. MY COMMISSION EXPIRES
•i, .,it August 2,2012
daTaasare-
N•tary Public, State of Texas
CALLER TIMES • November 24) Monday • 5F
Legal Notices 1110
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 : a
52,488.43 -square foot
portion of the Carmel
Parkway public right-
of-way, between the S.
Staples Street and
Gollihar Road street
rights-of-way, and a
5,040.17 -square foot
portion of dedicated
public right-of-way, lo-
cated just west of the
S. Staples Street pub-
lic right-of-way, and
north of the Carmel
Parkway public right-
of-way; subject to
compliance with the
specified conditions.
NOW, THEREFORE,
NOTICE IS HEREBY
GIVEN THE PUBLIC:
That apublic 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,
December 9, 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-
pear and be heard by
the said City Council.
Effective on December
9, 2008.
/s/ Armando Chapa
• City Secretary
City of Corpus Christi