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HomeMy WebLinkAbout028030 ORD - 01/20/2009Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 1,945 -SQUARE FOOT PORTION OF THE LAKESIDE DRIVE AND MOUNTS DRIVE UNDEVELOPED AND UNSURFACED PUBLIC STREET RIGHTS-OF-WAY, LOCATED AT THE INTERSECTION OF THE LAKESIDE DRIVE AND MOUNTS DRIVE PUBLIC STREET RIGHTS-OF-WAY;SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Ms. Tommie Edwards (Owner) is requesting the abandonment and vacating of a 1,945 -square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights-of-way, located at the intersection of the Lakeside Drive and Mounts Drive public street rights-of-way due to the fact that Ms. Edwards and her husband have been maintaining that portion of public right-of-way, which is a required duty as per the Code of Ordinances § 49-11. Additionally, Ms. Edwards is in the process of re -platting the property at the southwest corner of the intersection of Lakeside Drive and Mounts Drive to create and develop residential properties. Therefore the acquisition of this portion of right-of-way will facilitate the creation of five residential lots out of the existing property; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, January 13, 2009, 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 1,945 -square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights-of-way, located at the intersection of the Lakeside Drive and Mounts Drive public street right -of way, as recorded in Volume 8, Page 1 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 Owner pays the fair market value of $1,215.00 prior to the street closure ordinance for the abandonment and vacating of the 1,945 -square foot portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights-of-way, going to City Council for approval. 2. Within 90 days of approval by Council and issuance of the ordinance, Owner will be required to record all grants of street closures and 028030 ORD -Lakeside Drive and Mounts Drive ROW closure 12.16.08 Page 2 of 3 dedications at their 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 public rights-of-way, easements, and items of record, must be submitted to the Development Services Engineer. 3. Within 180 days of approval by Council and issuance of the ordinance, Owner will be required to record the plat of Lots 28-A through 28-E, Block G, Flour Bluff Estates, including the portion of the Lakeside Drive and Mounts Drive undeveloped and unsurfaced public street rights-of-way to be abandoned, at their expense in the real property Map Records of Nueces County, Texas, in which the property is located. ORD -Lakeside Drive and Mounts Drive ROW closure 12.16.08 Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 13-1-1-- day of JamkanF., , 2009, by the following vote: Henry Garrett ---1-0.2A Priscilla G. Leal 0r Melody Cooper 0' John E. Marez ab -a4 Larry Elizondo, Sr.Clje Nelda Martinez V Mike HummellCtid_ ��.,, .i7p Michael McCutchon Bill Kelly (--�" That the;; egoing or ' ance was read for the second time and passed finally on this the J day of , 2009, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez A Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon A6ita- Bill Kelly PASSED AND APPROVED, this the1y of ATTEST: 1OthiSfigE— Armando Chapa City Secretary APPROVED as to form: January 5, 2009 By: eborah W. Br Assistant City Attorney For City Attorney 028030 ORD -Lakeside Drive and Mounts Drive ROW closure 12.16.08 S83°15'16"E - LESIDE DRIVE - 5.21' i / her // tA) 4'. b O ryo • V / 40 Pe ,h 0 4'o BLOCK/ G �� /\ 88.o2,s"E R.O.W. CLOSURE ' -�ANDPURCHASE / •-1,945 SQ.FT. / O.R NCC T. /s26°16'O 22.99 VLOT 26-A OL. 50, PG. 41 • Gj 12.5' R.O.W. DEDICATION 625 SQ.FT. FOUND 5/8" \� STEEL ROD SCA PREVAIL Lots 28-A thru 28-E Block G Flour Bluff Estates FOUND 5/8" STEEL ROD e ORIGINAL CDMLQ1 CORNER Or LOIS 28 4.10 29btQC5 G. FLOUR BLUFF, ESTATES LINK -1 FOUND 5/8' 50.8r STEEL ROO 57,30 ..E 25.48. RA/G. CL [klc $CALE:r•20' N SET 5/8STEEL ROD TOMMIE EDWARDS EXISTING PORTION OF LOT 28, BLOCK G, DOC. #2006031719 O.R.N.C.T. BEARINGS AND DISTANCES: 11 5 72° 09'56" E 83.23' 2l 5 26'16107" W 22.99' CURVE DATA: 0 R•20.00' 0 R•80.00' T•23.18' 1.16.36' D•98. 26'03" D•23.06'42" L-34.36' L•32.27' RADIUS 8EARS: 5 17° 50'04" W 20.00' as 5 63° 43'53" E 80.00' N 87.14'51" W 105.00' Dor. at 25.708 er ]MSX 2001: RM UMW/ PROPOSED ` NEW ROW LME • I 0 R-105.00' T.80.45' 0.74° 55'16" 1.137.30' Coym, Rehmet 0 Gutierrez Engineering , L. P.' 56% Satin S:o^Ies. 507 230 Claus CrriS,L less Prone 06'1 991-1550 Fos 9931569 &mit EXISTING Row MID LO- LwE FGUND 5/B' STEEL ROD ORIGINAL SE CORNER Or LOT 28. BLA .. FLOUR Burr ESTATES UNIT NOTES: j L Ab EASEMENT RESEARCH HAS BEEN PERFORMED BY C'A'M. RENNET a GUTIERREZ. 2. BASIS OF BEARINGS OF THIS EIHIBIT 15 GRID NORTH A5 OBSEIA'EO Br GPS. 3. ® ALL CORNERS ARE Sr 5/B STEEL RODS. EXCEPT NOTED. 4. THIS PROPERTY 15 LOCATED ';WHIN ZONE C AREA OF MINIMAL FL0001NG AS DEFINED Br THE FEDERAL EMERGENCY UMAGEMENT MAPS. COYMUWWTY PANEL • 485464 0317. CITY OF CORPUS CHRISTI. 'EXAS. REVISED NU 18. 1985. SURVEY PLAT SCAE:r•2A Staving Ile OGlndory 9 a 1945 square foot tract 0f kind Deng o port/on a ne existing riot/set-we/ o/ Lakeside Drive and Mouas Drive od focenl to Lo, 28. Block G. F:wr Bluff Estates Unit 1. as retarded In Volume 8. Pope 1. Mop Records. Nueces County. Texas and Dein+, Ne some Iropery described o aged to TommTe Edwards as rsco•ded in Document '20060317/3. Of f%clot Records. Nueces County. Texas. Tle survey sbrn Winn wan Fods Ewa, He rose :leer my supe'/I$/P: V1J%de erc•ooetwems. dlse•exa24s. peel fusions. If o'p. me slav- Inn TN5 property a&ls o cud/c ROO. C R.CIST LRED PROF 55 /NEYOR State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT gc(3g CITY OF CORPUS CHRISTI Ad # 5887760 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, Whereas, application having been filed w which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 1/5/2009, 1/5/2009. $ 173.32 1Time(s) On this q day of is a true and an exa LEG M\ Ji% ES REPRESENTIVE 257 I certify that the attached document y publisher. GWENN J. MEDINA MY COMMISSION EXPIRES August 1 otary Public, State of Texas • January 5, 2009 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- way: a 1,945 -square foot portion of'the Lakeside Drive and Mounts Drive (unde- veloped and unsurfaced) public street rightsof-way, lo- cated at the intersection of the Lakeside Drive and Mounts Drive public street right-of-way; subject to compliance with the specified con- ditions. - - 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, January 13, 2009 after 10:00 a.m. during the regular Council meet- ing, at which time and place all persons and parties and/ortheir agents may appear and be heard by the said City Council. Ef- fective on January 13, 2009. /s/ Armando Chapa City Secretary City of Corpus Christi State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } CITY OF CORPUS CHRISTI } Ad # 5884174 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 Patrick', 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 12/1/2008, 12/1/2008. $ 181.14 1Time(s) On this i wday of2 I certify that the attached document is a true and an exact copy made by publisher. GWENN J. MEDINA MY COMMISSION EXPIRES MOM 2, 2012 N i tars Public, State of Texas CALLER -TIMES • December 1, 2008 • Monday • SF 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 -o - way: a 1,945 -square foot portion of; the Lakeside Drive and Mounts Drive (unde- veloped and unsur- faced) public stree rights-of-way, local at the Intersection o the Lakeside Driv and Mounts Drive pub- lic street right-of-way; subject to compliance with specified condi- tions. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said:application(s) to consldar 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 16, 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 16, 2008. /s/ Armando Chapa City Secretary City of Corpus Christi