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HomeMy WebLinkAbout028018 ORD - 01/13/2009Page 1 of 3 ORDINANCE ABANDONING AND VACATING THE AVENUE "F" PUBLIC STREET RIGHT-OF-WAY (1.248 ACRES), FROM THE EAST NAVIGATION BOULEVARD PUBLIC RIGHT-OF-WAY TO THE BREAKWATER STREET PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Port of Corpus Christi Authority (Owner) is requesting the abandonment and vacating of the Avenue "F" public street right-of-way (1.248 acres), from the East Navigation Boulevard public right-of-way to the Breakwater Street public right-of-way to upgrade their security capabilities at multiple locations throughout the Port; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 16, 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 Avenue "F" public street right-of- way (1.248 acres), 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 Avenue "F" public street right-of-way (1.248 acres), from the East Navigation Boulevard public right-of-way to the Breakwater Street public right-of-way, as recorded in Volume A, Pages 30-32 and Volume A, Page 33, 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 fair market value of the property is $40,772.16. $27,280.98 is deducted from the fair market value as consideration for the retained utility easement in the entire right-of-way width of Avenue "F". $7,557.26 is also deducted from the fair market value as consideration for a portion of the value of right-of-ways to be acquired by the City from the Owner. Owner pays the remaining fair market value of $5,933.92 for the abandonment and vacation of the 1.248 acres of Avenue "F" public street right-of-way. 2) Owner shall retain the entire right-of-way width of Avenue "F" as a utility easement because of the existing utilities located within the street right-of-way. 3) City will be acquiring some property from Owner for a sanitary sewer easement, for buffer zone purposes. 028018 Q:\S h ared\JayW genda\2008\12-16\ORD-abandon-vacateStreetPu bRO W-PortofCC-Aven ueF.doc Page 2 of 3 4) Upon the closure of the portion of the Resaca Street public right-of-way, from North Tancahua Street and Sam Rankin Street, the City and Owner, adjacent property owners to that portion of right-of-way, agree that the City will retain the entire Resaca Street right-of-way, between North Tancahua Street and Sam Rankin Street. 5) The City will also be acquiring a portion of the North Port Avenue public street right- of-way from Owner, as part of their street widening project of North Port Avenue, from the Interstate 37 public right-of-way, north to Whataburger Field. 6) Actual closure of the street right-of-way shall be coordinated so as to maintain traffic safety and emergency access. 7) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications of utility easements 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 Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Development Services Engineer. Q:\S ha redUay\Agenda\2008\12-16\ORD-aba ndon-vacateStreetPubRO W-PortofCC-AvenueF.doc Page 3 of 3 That the foregosr}g ordinance was read for the first time and passed to its second reading on this the ((ew-day of t(Lf41424 A , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Ni0 Priscilla G. Leal John E. Marez Nelda Martinez __74„ Michael McCutchon 91/Xi That a foregoing ordinance was read for the second time and passed finally on this the day of Crtkoh f� , 200$gby the following vote: Henry Garrett 0_ Priscilla G. Leal Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: December 8, 2008 By: YvVJte Agaiiar Assistant City Attorney For City Attorney 9 \ John E. Marez Nelda Martinez D Michael McCutchon day of 4lli/(0 , 20089 Henry Garre Mayor 028018 Q:\S haredW ay\Agenda\2008\12-16\ORD-abandon-vacateStreetPu bROW-PortofCC-AvenueF.doc er GRAPHIC SCALE AVENUE F CINP(IS OldSll SNi CHANNEL PCG PIRA P7-03IC eLNGaI fl Ppx4-7 PORT OF CORPUS CHRIST AUTHORITY CITY R.O.W. CLOSURE AVENUE F APR. xooe LOCATION MAP CXHI? 1 T A. 1 1 1 GRAPHIC SCALE 0 100 200 300 400' PCCA DISK ENTER -2 N 55'48117" E 34.48' CITY LIMITS N 05'4529" E 278.93' S 88'4118" W 50.62' le nmi-TC•aniFta":"- S 8030127" E TRADE COMMA 43.17' Amftme sr NAVIGATION BOULEVARD END. 5/C I.R. 5 054e29" W 275.95' 5/8" I.R. POINT OF BEGINNING $ 8841'r 20.70 I. BEARINGS ARE BASED ON cos BEARINGS. RAO 27. TEXAS SOUTH ZONE, PCCA MONUMENT 'ENIZR-2 . PCCA BRASS DISC LOCATED a WE N11.1 ENO OF RE VEST CULVERT ON AVENUE F. ror NORTH OF NAMGAIION BLVD. 2. MOP TO ACCafiCONWIFICCD NOTES BEING A 1.248 ACRE TRACT. CURRENTLY A P0wn0055OF C9FRUE,E11).8E.CLOSED .4 • 0-• ‘Cf• -•10. Inca PROJ./07-034C LEGEND' END. 5/8' IR. J....4. .T. R PROPOSED COUNTY 11.0.w. CLOSURE PROPOSED alt R.O.w. CLOSURE no RW .CO io2024-7 waawmfrapowanurve9 Mv DATE WAWA PORT OF CORPUS CHRIST AUTHORITY 2 MI= OF 03NUS OtEl CITY R.O.W. CLOSURE emit AS SHOWN Ink re ctD AVENUE F 't mot 2008 RIGHT OF WAY