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HomeMy WebLinkAbout029043 ORD - 04/26/2011Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 25,743.96 -SQUARE FOOT PORTION (0.591 ACRE) OF A UNDEVELOPED AND UNSURFACED 20 FOOT WIDE, DEDICATED PUBLIC RIGHT-OF-WAY, OUT OF SECTION 28, LOTS 8 AND 9, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SAID PUBLIC RIGHT OF WAY BEING LOCATED SOUTH OF THE SOUTH PADRE ISLAND DRIVE (SH 358), AND WEST OF THE PAUL JONES AVENUE, PUBLIC STREET RIGHTS OF WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS. WHEREAS, Bass and Welsh Engineering, on behalf of owners, Gladys Mattie Smith and Frost National Bank, co -trustees of the Gladys Mattie Smith Trust, Gladys Mattie Smith individually, Patricia Peterson Nuss and Chris Ann Peterson Brown, is requesting the abandonment and vacation of a 25,743.96 -square foot portion (0.591 Acre) of a undeveloped and unsurfaced 20 foot wide, dedicated public right-of-way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 8 and 9, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way, in order to accommodate the development of adjoining property; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, April 19, 2011, 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 right-of-way, subject to the provisions below. [Exhibit A — Map of Proposed Public Right of Way Closure, Exhibit B - Metes and Bounds description of Road Closure Tract (B-1), with accompanying Location Map (B-2) and Sketch (B-3).] NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 25,743.96 -square foot portion (0.591 Acres) of a undeveloped and unsurfaced 20 foot wide, dedicated public right-of-way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 28, Lots 8 and 9, as recorded in Volume A, pages 41- 43 of the Map Records of Nueces County, Texas, said public right of way being located south of the South Padre Island Drive (SH 358), and west of the Paul Jones Avenue, public street rights of way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. 029043 H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda14-19-11\Abandon & Vacate.Oso River Estates\ORDINANCE to abandon and vacate ROW.DWBFinal.docx INDEXED Page 2 of 3 SECTION 2. The abandonment and vacation of the above right-of-way is conditioned upon compliance with the following: (A) In accordance with City of Corpus Christi, Code of Ordinances §49-12(c)(4), considering that the public street right away at issue has not been improved or used for any public street purpose, payment of the fair market value is waived. (B) The City Water Department has an existing 8 -inch waterline adjacent to the proposed portion of the public right-of-way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement because of the watermain. (C)The City Storm Water Department has an existing 36 -inch storm sewer line within the proposed portion of the public right-of-way at issue and is requiring that the Owners retain a minimum 10 -foot wide utility easement for their infrastructure. (D) Within 180 days of Council approval and issuance of the ordinance, all grants of establishment or closing of public streets, alleys, or other public ways must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, that being the county in which the property is located. Prior to permitting any construction on the land, an up-to-date survey, abstracted for all streets, alleys or public ways and items of record must be submitted to the Director of Development Services, as in accordance with City of Corpus Christi, Code of Ordinances §49-12(a), as amended and approved on July 13, 2004, by Ordinance No. 025816. Signature page follows. H:1LEG-DIR1Shared\LEGAL-DEV.SVCS12011 Agenda14-19-11 \Abandon & Vacate.Oso River Estates\ORDINANCE to abandon and vacate ROW.DWBFinal.docx Page 3 of 3 That the foregoing ordipmce was read for the first time and passed to its second reading on this the /7 --day of � , 2011, by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 7U -sad - That the fegoing ordinace was read for the second time and passed finally on this the, day of , 2010, by the following vote: John E. Marez Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED this the day of Armando Chapa City Secretary APPROVED as to form April 7, 2011. eborah Walther Brow Assistant City Attorneyor City Attorney 029043 , 2011. Joe 0A.,(467.,/,frd Adame Mayor H:1LEG-DIRIShared\LEGAL-DEV.SVCS12011 Agenda14-19-111Abandon & Vacate.Oso River Estates\ORDINANCE to abandon and vacate ROW.DWBFinal.docx 0 100 200 arrr==aFeet Proposed Public Right of Way Closure Right of Way 8 450' Buffer 04/0112011 Prepared By: SRR Department al Development Services M City of rpus Christi EXHIBIT "A" s� crre i. i sr 3 PrE LPL LAMS 4, WILS.WE.NOINEERMO Cart a Christ% X04464,397 Rerun: Closure Tract; $TAT •:. "TEXAS Ji YOFNUECES P14 . .054.S. At1ANI-ED \, 'r 18404' e- na i l a t -XUS r'k 1; ^ zt Janke' 090 -2-2kM&BIrke P.4017094-940 , g , ,c -, iia mpre::ax Iuss,. tfimpf. e t Fir u eft ra -R and Qarden Tr 4, 9041 � .-k4tw , act tract.: fat toOd of $ute ; 'utth t i r ti b d T? r r itikk:ai 'bow* S a raTlY i::: BEGINNING at;a peuitit rpt the:sotttiiuit<t...glit f libeof I'tidr %iarttilP r State itt v € 3 $; fear t eastertmit st corner Of Oft tract. herein d scribed. and tib Sitetnnrnst t i C I t , ft6k1. Pt. ce... inkex ir. map ofwbich ea.recopried j Volume 49, Pae,. said map r coirds i i °FE ,$Z9T.0Q"W adoCher t i c un ary l a .crf s id t,.1 A, at 6. 9 2O' pos'te monnolli sl rnr to t,< :rttt,r tib' said Lot .i A:: .. x or + tt rix t tlft 2-1. d POty-Plit01e* an t tthuctib atoti the t shwest"itcliatdarp cine o .sahtLttt 2-.:A,:. It. 4 4ia,Atgri 444M3 ' tO. ha. ..f Cru soitthefiliiio4 Wit itt f tia ,trt herei d i ct srii i r:etu�ii t t crs'Ni.2 °fttl`# 'E :t7 t3' *11.0'4. potmin'. to c ittrIii .bt" ate its t r v for iiia south itiiii4n 0o±n N61WQQ» 2U ti€i' t i a ltc xit %r t w Cost -corer uuf tht #44.-11-0010.:04§044 BNct N 3 O!OO' ,ad.in 4d;stttit .w s n ht-ofVay:h ct lOn Pair l:SAnd:Dtrye: for the'nt rttteritrio$tt rn'er of,ti e' traotlwrei ; desotibett THENCE along. said soutliW6st riglit-Of46.yliit SolithiPadmTsft iii Dr iv S53*32'53 "E . . 2' o tilt NT 111EGINNING, a skateh.skiowin skid 11.4191..116M ttiict de b&t lcr bat* attiiOitit:he eira aR E* .ibit °1 ".. EXHIBIT "B-1" Pg4-1o1. ENC INO DR] ENNIS JOSLIN RD. HALCON ST. LEXINGTON RD. ENNIS JOSLIN RD. 20' WIDE STREET ROW TO BE CLOSED, 0.591 AC PAUL JONES AVE w A Ti N -I A yY C�jl 11 ~ A y A r� D• Z C7 1 Z • A LOCATI❑N MAP 1' = 1500' BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX FIRM NO. F-52 FILE: EXB-STR CLOSURE1 JOB NO. 09022 SCALE: 1" a 1500' PLOT SCALE: SANE PLOT DATE: 1/07/11 SHEET 1 OF 1 EXHIBIT "B-2" U CL f-1 1 (6 WO A of W 3--3Ce col OCA© N U S. PADRE DR.(SH358),ISR �• WIDTH VARIES Am a Or 5 km N a m 411:11:1 r �y�� FY 1- al 1-4 X 0. a.w N - d p C] - a .. wit NINA EXHIBIT "B-3" 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-R43solutian-No. 029043 passed and approved by Corpus Christi City Council on April 26, 2011 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 29th day of April, 2011 . ] } °C2-?c Armando Chapa City Secretary Corpus Christi, Texas (SEAL) • C 0 p y �xl :".Z011. 1 RD12CD 451,4 4 t Pages 9 06/16/2011 9:24AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $47^00 Any nrmvision herein which restricts the Sole, Rental or use of the described REAL PROPERTY because of Race, Color, Relision, Sex, Handicap, Familial Status, or National Oriain is invalid and unenforceable under FEDERAL LAW, 3/12/89. STATE OF TEXAS COUNTY OF NUECES I hereby cmrtify that this instrument was FILED in file number aenueoce on the dote and at the time stomned herein by mer and was duly RECORDED in the Official Public Records of Nueces Coonty, Texas Diana T. Borreru A riA ) ‹::','.'. State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5965451 PO # Before me, the undersigned, a Notary Public, this day personally came GEORGIA LAWSON, 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, Kleberg, Live Oak, Nueces, Refugio, and San :Patricio, Counties, and that the publication of, NOTICE OF PUBLIC HEARING An application which the annexed is a truecopy, was inserted in the Corpus -Christi Caller -Times on the 4/1112011, 4111/2011. $ 172.41 1Time(s) LEGAL SALES REPRESENTIVE On this day of 1 , 2C3 01 certify that the attached document is a true and an exact copy rne by publisher. MY ougUsslo hP44Y Auclust2,2012 otary Public, State oTTexas I » Aiprl[ 11, 2011 » C/ LLER�-TIMES Ilatices No'IlcE aF P HEA ING An ap lication has been filed: wlth the; Corpus Chrlstt City: C,oungll to c.onsi.der the sbandonirig & aa- cating of;the following,: r;iblic right -of way: a 25,743.9-sq.ft pori: titin (0 591.:: acres) 01 a4204 wide undevel- oped, dedicated poo lie right -of way, out o Lots 8 & 9, Sect 28,; Flour.SIuffd& Enclnat Farm anGarden'. Tracts said public Tight of wayy being o < cated south_ of the S. Padre island Dr (SH 358) state, right of=.. way and west of the Paul ,tones Aye pub. lic_street right of wfay: sub ect to'compl(ance wl"t the specified: conditions.; The public hearing on said ,appiication{s}_ witi be helot by th, e: City Council �n tide Council Chambers of City Hall, 1201 Leop and In,.the City of_ Corpus Christi, Texas an Tuesday April 19, 2011 after 12 00 p.m. during the. regular. Council mooting,: at which time & place Ali persons 8 parties and/or it4Olf a eats may appear & be heard by the said City Council." /$/ Armando.Chapa City Secretary.