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HomeMy WebLinkAbout026404 ORD - 08/23/2005 AN ORDINANCE ABANDONING AND VACATING A 6,033.11 SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 20 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOT 7, SECTION 40, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS (APPROXIMATELY 650-FEET WEST OF THE FLOUR BLUFF DRIVE STREET RIGHT-OF-WAY AND OPPOSITE OF PURDUE ROAD); SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 6,033.11 square foot portion of an undeveloped and unsurfaced 20 foot wide dedicated public right-of-way out of Lot 7, Section 40, Flour Bluff & Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County. Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 6,033.11 square foot portion of an undeveloped and unsurfaced dedicated public right-of-way out of Lot 7, Section 40, Flour Bluff Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1 Staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street right-of-way of greater value on the Shoreline Oaks Subdivision, to off-set the proposed abandoning and vacating of public right-of- way 2 Upon approval from Council and ordinance issued, all grants of easement 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 building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services '! L! G-DIR\.Joseph.oRD-tbefgt-7-40-av doc O~?'14()4 SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 23rd day of August, 2005. ATTEST: THE CITY OF CORPUS CHRISTI I~ Armando Chapa - City Secretary Approved ;-.- "1- ,t ,2005 By Joseph ~;n~y' i-'6--~- Assistant City Attorney For City Attorney H LlG-DIRIJosephORD-tbefgt-7-40-av doc Corpus Christi, Texas _/--]/):'!day of ~}t i 'J ,2005 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, L~~ City of Corpus Christi Council Members The above ordinance was passed by the following vote Henry Garrett ~ Brent Chesney \~J~ " Mark Scott Chf L&y ~ Cur () Iy}( ~ U0~ I John E Marez Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison Jesse Noyola I! L1G-DIR\JosephORD-tbefgl-7-40-a\ do( () ~! h ~ 0 4 F\NA~Ct. DEPP.RiMt.}il " ~t\ \0; 22 Stat(~ ofQS~ \ (.. : Ii ,untv of Nueccs PUBLISHER'S AFFIDAVIT ss: CITY OF' CORPUS CHRISTI Ad # 5274383 PO # Before me, the undersigned, a Notary Public, this day personally came Diana ULnoiosa, who being first duly sworn, according to law, says that she is SENIOR COLLECTOR of 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, which the H Imexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 8TH day(s) of AVQUST, 2005. $J 5t). 77 1~'~ (fjiwJ;jO~ SENIOR COLLECTOR TW"<')-L~) Time(s) Subscribed and sworn to me on the date of AUGUST 09,2005. , dtG ) .. .'''y - .,' , ~ c..,,-/ I -1, JUt /0~. n c.A Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/09. NOTICE OF PUBLIC HEARING Whereas, application he' bMn ftIad with the ~ Council 01 the City 01 Corpus Chfisti, Texas, to consider the following straet cIo8ure(a): a 6,033.1 1- square foot portion of an undeveloped and uneurf-.! 20' wide dedlcat.d public .. oI-wrf out 01 Lot 7, Sec. 40, F.B. & E.F. & G.T. (approximately I 650-feet west 01 the Flour IlIuIf Drive _ ! N~:"'~REFORE,II NOTICE IS HEREBY GIVEN THE PUBUC:! That a public hMr1ng I on said application(s) to consider the cIo8ure and abandonment will be held by the CItv Council in the eounCIi Chambers 01 City Hall, 1201 Leopard. in the City of Cotpua Chfisti, Texas on Tuesday, August 23, 2005 after 10:00 a.m. during the regular Council meeting, at which time and place all persons and parties and/or their agents may appaar and be hean:l by the said City Council. EhclIve on August 8, 2005. Is/ Armando Chapa CIty Sacrelary ; City of Corpus Christi ~---~ . .\ Doc* co►ch5+ZZ5+c8993 CERTIFICATE THE STATE OF TEXAS C COUNTY OF NUECES c 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. 026404 passed and approved by Corpus Christi City Council on August 23, 2005 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 August, 2005. /0 4 4• Armando Chapa City Secretary Corpus Christi, Texas (SEAL) II 1 AUG 3G ; 05 SPECIALDEVELOPMENT SERVICES SERVICES SITE MAP N.T.S. .ft: Ir[rIPIPM"" r „,,,,,„„ - 0 D 1' - -'''' ' ,, ti,, \:,.v.- Li.: -.__Liim_.____„." . 1... , 1 „II BAIIARK ' 4. ffir'll1-*TilM ' '' ' BMW MIL I lb0 CECAg1 i 1 �� oa a0 P I 001 PAWN `iil - \\N,....) a ill :4' P f1 ` I CASTLE PK, I a � ism„ MN 3 p ! .1 u ;;11:11,4 6 PURDUE 14" if SITE : , fro E ANNE3 ,use_ oAK RDOEAvi_-- -- 111W' d < ! a soaa., . 1MM 1[i i ST BERNARD^ ,i. Sr B ��"''''"' g-',�..,- CUM* sr 1.1O; ';'Mr ST amswa+Enr sr �. . 1 Si caEGOSTANN. ' © sulall sr Boca -1-1- _O STCNNLL . „Jail ` N a CARIBBEAN ST PN111_ ` . ' �r Bl1111 ,,,, \ . O RAFID ,BW JN' ( •• IF MFl I UE' tR ' 6M" V RED ' O R1 � s � qM- ��0 OA� ��As v q� 11 g OfAR11EOr-ASIDE SCRKWRN ii 7I 11 !__.T10N MAP N.T.S. .�'.I EXHIBIT C i -- Page 1 of 2 I 6 ilk3 � I I QNk ' 20°5 SIT` - v 3 A 1'•,60. EJOB NO.: 23808.A3.00 a 1161 ENGINEERING SHS: 2 OF 2 ,— 2725 SWAN7NE7? CYJ?PUS Gi7RYS77, TEXAS 78404 (0670854-31or Far 0608 4-6001 }DRAWN BY: DL i; Ilk • 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,ar was duly RECORDED,in the Official Public Records of Nueces County,Texas rz,t ,) COUNTY CLERK +•°��.� NUECES COUNTY TEXAS Any provision herein which restricts the Sale,Rental or u10 of the described REAL PROPERTY because of Race,COlof, Religion,Sex,Handicap,Familial Status or National Origin,is Invalid and unenforceable under FEDERAL LAW, 3/12/89 -n c� z o as c7 E—momc- ma r M� Rr. N cn c:• c�•-eo %'-'74 2 nm 6 Nf11 �E 'C rW .;y of Corpus Christi Development Services/ Special Services 2406 Leopard,Suite 100 Corpus Christi,TX 78408