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Home My WebLink About028280 ORD - 08/25/2009Page 1 of 1 ORDINANCE ABANDONING AND VACATING A 26,971 -SQUARE FOOT PORTION OF UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT-OF- WAY (NILE DRIVE), LOCATED WEST OF THE ENNIS JOSLIN ROAD PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, The Texas A&M University System (TAMUS) is requesting the abandoning and vacating of a 26,971 -square foot portion of undeveloped and unsurfaced, dedicated public right-of-way (Nile Drive), which is located west of the Ennis Joslin Road public right-of-way, as part of the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A&M University System, in order to allow for the realignment to the Nile Drive public right-of-way at the Ennis Joslin Road intersection; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 18, 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 said portion of the utility easement, subject to the provisions below. (Exhibit A, Location Map and Exhibit B, Map of proposed R.D.W. closure, attached) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 26,971 -square foot portion of a undeveloped and unsurfaced, dedicated public right-of-way (Nile Drive), as recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: A) Staff recommends that payment of the fair market value be postponed until a later date, based on the Declaration of Gift and Agreement between the City of Corpus Christi and the Board of Regents of the Texas A&M University System, at which time a third party sale occurs the fair market value will be established and due. B) City Water Department has two water mains (12" & 16") within the proposed street closure and is requiring that the owner retain a minimum 20 -foot wide utility easement for the water mains or relocate the water main at owner's expense. 02 8 2 8 0 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12009 Agenda18-181ORD-abandon-vacate RDW-Nile-EnnisJoslin.doc INDXED Page 2 of 3 C) City Wastewater Department has a 42 -inch RCP sewer line within the undeveloped and unsurfaced public right-of-way and required that a utility easement be retained or that their sewer line be relocated at owner's expense. D) Storm Water Department has an existing 36" RCP storm sewer line within the right-of-way and is requiring that a utility easement be retained within the right-of-way. E) AEP has overhead electrical facilities within the undeveloped and unsurfaced public right-of-way and required that a utility easement be retained or that their facilities be relocated at owner's expense. F) Grande Communications has aerial cable on AEP poles located within the undeveloped and unsurfaced public right-of-way and required that utility easement be retained or that their facilities be relocated at owner's expense. G) City will be retaining a 50 -foot wide utility easement within a portion of the undeveloped and unsurfaced public right-of-way for maintenance of existing utilities. H) City will be retaining a 50' ingress/egress easement connecting the Oso Treatment Plant main entrance and Ennis Joslin Road (Spur 3). 1) 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 and items of record, must be submitted to the Assistant City Manager of Development Services. H:ILEG-D1 RIShared\LEGAL-DEV.SVCS12009 Agenda\8-181ORD-abandon-vacate ROW-Nile-EnnisJoslin.doc Page3of3 That the foregoing ordin ce was read or the first time and passed to its second grts�'" , 2009, by the following vote: reading on this the � day of reading on this the day of Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott That the f regoing ordir},aance was read for the second time and passed finally on this the �day of , 2009, by the following vote: Priscilla Leal John E. Marez Nelda Martinez Mark Scott Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: August 12, 2009 By: day of , 2009. eborah Walther Br Assistant City Attorney For City Attorney ‘-‘17474111e Joe dame Mayor 0'8 2 8 0 H:1LEG-DIRIShared\LEGAL-DEV.SVCS12009 Agenda18-181ORD-abandon-vacate ROW-Nile-EnnisJoslin.doc 4 Pharaoh Valley LOCATION MAP Exhibit A F' CITY of CORPUS CHRISTI, TEXAS Deportment of Engineering Services Survey Division 361-826-3500 Date: 04-30-2008 Drawn By: 1d. ANDRADE Checked By: 0, NESMITH Project: 3316 File: C: \ PROJECT S \ 0S0 AND NILE EASEMENT EXHIBIT'S\DWG\LOCATION MAP.DWG NOT TO SCALE SHEET 1 OF 1 W co z Q W }_- Z cr E.) to re V) 0 x< cra_ w o0 0 0 W ( N cLo 6. mL....cc? < V] 4 U ERWTOn �v) W Qc Q lac Ul V)Z V i;k❑ R Leti mc t.. 4. t^u g CL 1.0 al ;7- - 0 w w z 0 a! II „, N 11 Cl 11 u z z iX U U N � M � O V Q a �o \4)111/4 a tri 10 (h. u. (-) I—z rsi CY1-\ Z --- I Q w0co ra 6 "k")om -pos ii fro 0 4),s; — cs El. -.1 5 (0 co ., PNrza at...IC)UW tn rtfl (s res �� W 0° S 0 W ' � I 0 W� 0 0 Ci) w ti ti) 1:14 tO � N co(.) tr) ") 11. 4- ,o o c D 0 p 4 ci a S PROPOSED R.O.W. CLOSURE Exhibit B State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5912719 PD # 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 Patricia, Victoria and Webb Counties, and that the 6i-131.aiSe? 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 8/3/2009s 8/5/2009. $ 184.05 1Time(s) LE On this 0142lay of , is a true and an exact copy rKade by • 4 blisher. S REPRESENTIVE certify that the attached document •rte'_r •, �rC�11�1 i #ERi.[A i N * MY COMMISSION EXPIRESAugust 2, 2012 N slfr Nota i Public, State of Texas CALLER -TIMES August 3, 2009 a SE 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 abandonment of the following public right-of-way: a 26,971 -square foot portion of undevel- o p e d and. unsurfaced, dedicat- ed public right -of -way - (Nile Drive), located west of the Ennis Joslin Road public right-of-way; subject to compliance with the specified condi- tions. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said applications to consider the clo- s u r e and abandonment will be' held - by the City Council in the Coun- cil Chambers of City Hall, 1201 Leopard, 'in the City of Corpus Christi, Texas on Tuesday, August 18, 2009 after 12:00 p.m. during the regular Council meeting, at which time and place all persons and par- ties and/or their agents may appear and be heard by the said City Council. Ef- fective on August 18, 2009. /s/Armando Chapa City Secretary City of Corpus Christi • 2011021639 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. 028280 passed and approved by Corpus Christi City Council on August 25, 2009 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 28th day of August, 2009. Armando Chapa City Secretary Corpus Christi, Texas (SEAL) Doc.l, 201 1C)21639 4 Pages 06/22i2011 3 21Fi1 Official Records of NUECES COUNTY DIANA T. tARRERA COUNTY CLERK Fees $39.00 Ang Provision herein which restricts the Sale? Rental or use of the described REAL PROPERTY because of Racer Colony Religion? Sexy Handicap, Familial Status? or National Origin is invalid and unenforceable under FEDERAL. LAW? 3/12/89. TATE OF TEXAS COUNTY OF NUECES hereby certify that this instrument was FILED in file number sequence on the date and at the time stamped herein by me? and was duly RECORDED in the Official Public Records of Nueces County? Texas Diana T. E`arrer° • --' - 61/"t'tAt'-} VS. -fit.+ (Art o f Cog-pus CHP-Icri oe\eLoeM E JT R-tlrcES C 6®i 'i21 ? to v5 C Wstt,Texks 7g'47