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Home My WebLink About028316 ORD - 09/22/2009Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 9,955.05 -SQUARE FOOT PORTION OF DEDICATED PUBLIC RIGHT OF WAY (OCEAN DRIVE), LOCATED NORTH OF THE ALTA PLAZA DRIVE PUBLIC RIGHT-OF-WAY AND WEST OF THE CURRENT OCEAN DRIVE PUBLIC RIGHT-OF-WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, GHS Land, LTD is requesting the abandonment and vacating of a 9,955.05 - square foot portion of a dedicated public right-of-way (Ocean Drive), located north of Alta Plaza Drive public right-of-way and west of the current Ocean Drive public right-of-way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, September 8, 2009 and Tuesday September 22, 2009, during meetings 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) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 9,955.05 -square foot portion of a dedicated public right-of-way, as recorded in Volume 14, Page 13 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. That the abandonment and vacation of the above public right-of-way easement is conditioned upon Owner's compliance with the following: 1) Owner pay the fair market value of $47,789.00 prior to the street closure ordinance for the abandonment and vacating of the 9,955.05 -square foot portion of the Ocean Drive public street right-of-way going to City Council for approval. 2) Repeal Ordinance 7012 �/�, which authored and granted a Revocable Easement to the Owners of Markamay Estates, Lot 1, for the use of a portion of public right-of-way located south of Markamay Estates, Lot 1, and east of Alta Plaza, Lot 1, Block 1, for the right to construct and maintain a paved surfaced semicircular driveway, and for the right to fill in all or any part of said public right-of-way and street for planting and maintaining grass, shrubs, and trees on all or part of said public right-of-way and street. 028318 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12009 Agenda19-221ORD-Abandon&VacateAltaPlaza.amend.doc INDEXED Page 2 of 3 3) City Storm Water Department has an existing 24" RCP storm sewer line within the right-of-way and is requiring that a minimum 15 -foot wide drainage easement be retained within the right-of-way. 4) City Gas Department has an existing 4" gas line within the right-of-way and is requiring that a minimum 10 -foot wide utility easement be retained within the right-of-way. 5.) Owner must trim existing hedges so that they will not extend beyond the city right-of-way line, and therefore will not encroach onto the sidewalk. 6.) Within 180 days of approval by Council and issuance of the ordinance, all grants of street closures and dedications 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 recordation of the street closure, 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. H:ILEG-DIRIShared\LEGAL-DEV.SVCSI2009 Agenda19-221GRD-Abandon&VacateAltaPlaza.amend.doc Page 3 of 3 That the forego ng ordinance was read for the first time and passed to its second reading on this the day of September, 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick A4_ Priscilla Leal John Marez Nelda Martinez Mark Scott 14-19Sek5F That tr.?, foregoing ordinanc was read for the second time and passed finally on this the ,71(;),- day of , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott this the o�L�a of , 2009. PASSED AND APPROVED, Y �� U ATTEST' Armando Chapa City Secretary APPROVED as to form: September 1, 2009 By: Joe Ad me Mayor eborah Walther Brow Assistant City Attorney For City Attorney G28316 H:1LEG-DIR\SharedlLEGAL-DEV.SVCS12009 Agenda19-221GRD-Abandon&VacateAltaPlaza.amend.doc State of Texas County of Nueces } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5912722 Po # Jiz&sLio 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 8/3/2009, 8/5/2009. $ 178.23 2Time(s) On this L day o is a true and an exact cop made S REPRESENTIVE I certify that the attached document publisher. Notaky Public, State of Texas CALLER -TIMES a August 3, 2009 NOTICE OF PUBLIC HEARING Whereas, application having been filed with! the City Council of the City of Corpus l Christi, Texas, to; consider the closure and abandonment of the following public right-of-way: of 9,955.03 -square foot portion of dedicated public right-of-way l (Alta Plaza Drive), lo- cated west of the i Ocean Drive public right-of-way; subject to compliance with the specified condi- tions. NOW, THEREFORE, , NOTICE IS HEREBY! GIVEN THE PUBLIC: 1 That a public hearing on said application(s i to consider .the clo- sure and, abandonment will be I held by the City Council in theCoun- 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 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5915391 Po # pe2.S3 /li, 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 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 8/25/2009, 8/25/2009. $ 175.32 1Time(s) On thisqday o is a true and an exact copy LEG AL I Q -2ink%• ifts, GWENN Ji MED NA MY COMMISSION EXPIRES August 2, 2012 ES REPRESENTIVE 2 ncertify that the attached document ad - by publ sher. Notary Public, State of Texas r�3 August 25, 2009 s� LLER-TIMES NOTICE OF PUBLIC HEARING Whereas, applicatio having been filed wit the City Council of I the City of Corpus iChristi, Texas, to consider the closure land abandonment of the following public right-of-way: a 9,955.05 -square foot portion of dedicated public right-of-way (Ocean Drive), locat- ed north of the Alta Plaza Drive public I right -:of -way and west of the current Ocean Drive public right -of- way; subject to com- 1 HEREpliance with the/ specified conditions.NOW, - i FORE NOT ERE ICE IS. BY GIVEN THE PUBLIC: That a public hearingon said application(s) to consider the closure f and abandonment : will be held by the City Council in the 1 Council Chambers of I I City Hall, 1201 Leop- i ard, in the City of Corpus Christi, Tex on Tuesday, Sptem I ber 8, 2009 after( 12:00 p.m. during the regular Council meet- ing, 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 Septem- ber 8, 2009. • /s/Armando Chapa City Secretary: Cis Carus Christi ORIGINALDoc# 20090464042009046404 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 028316 passed and approved by Corpus Christi City Council on September 22, 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 the 13th day of November, 2009. lith r Y• it t.-p if eroi 46. ,,,, A - r\ _ . ` 't ,. 2�, I€ uz F li Assistant City Secretary s w., Corpus Christi, Texas 4 , i E r -� (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 time stamped herein by me, and was duly RECORDED in the Official Public Records of Nueces County, Texas '(A%) g DIANA T AARRERA 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, 33/12/89. Doc# 2009046404 # Pages 12 11/17/009 9:22AM Official Records of NUECES COUNTY DIANA T. AARRERA COUNTY CLERK Fees $59.00 City of Corpus Christi Development Services! v Special Services 00 2406 Suite08CgORIGINAL.