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Home My WebLink About028627 ORD - 06/08/20101 ORDINANCE AMENDING ORDINANCE NO. 027968, BY CORRECTING THE DESCRIPTION OF THE ABANDONED AND VACATED RIGHT OF WAY TO A 61,038.00 SQUARE FOOT PORTION OF THE UNDEVELOPED AND UNSURFACED SOUTH OSO PARKWAY DEDICATED PUBLIC RIGHT OF WAY, OUT OF A PORTION OF THE BOTANICAL GARDENS PARK UNIT 4, VOLUME 63, PAGES 139-140, MAP RECORDS OF NUECES COUNTY, TEXAS, ALSO BEING OUT OF THE LAURELES FARM TRACTS, SECTION 31, VOLUME 3, PAGE 15, MAP RECORDS OF NUECES COUNTY, TEXAS, AND A 5.17 ACRE TRACT DESCRIBED IN VOLUME 2358, PAGE 343, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, BEING A PORTION OF SECTION 31, OF THE LAURELES FARM TRACTS, RECORDED IN VOLUME 3, PAGE 15, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, on the December 9, 2008, by Ordinance No. 027968, the City of Corpus Christi abandoned and vacated a portion of the South Oso Parkway right-of-way, which was inaccurately described in Ordinance No. 027968, due to a scrivener's error; WHEREAS, this ordinance corrects the description of the abandoned and vacated right- of-way, which should have been described as being a 61,038.00 square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right of way, out of a portion of the Botanical Gardens Park Unit 4, Volume 63, Pages 139-140, Map Records of Nueces County, Texas, also being out of the Laureles Farm Tracts, Section 31, Volume 3, Page 15, Map Records of Nueces County, Texas, and a 5.17 acre tract described in Volume 2358, Page 343, of the Deed Records of Nueces County, Texas, being a portion of Section 31, of the Laureles Farm Tracts, recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444); WHEREAS, the public right-of-way was abandoned and vacated to facilitate the expansion of the South Texas Botanical Gardens & Nature Center; and WHEREAS, it has been determined, during a meeting of the City Council, on Tuesday, June 8, 2010, in the Council Chambers, at City Hall, in the City of Corpus Christi, that the description of the property abandoned and vacated on December 9, 2008 by Ordinance No. 027968 needs to be corrected; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance No. 027968 is amended by correcting the description of the abandoned and vacated right of way to read as follows: "A 61,038.00 square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right of way, out of a portion of the Oso Parkway Closure Correction Ordinance 06022010.docx 0 28627 INDEXED Botanical Gardens Park Unit 4, Volume 63, Pages 139-140, Map Records of Nueces County, Texas, also being out of the Laureles Farm Tracts, Section 31, Volume 3, Page 15, Map Records of Nueces County, Texas, and a 5.17 acre tract described in Volume 2358, Page 343, of the Deed Records of Nueces County, Texas, being a portion of Section 31, of the Laureles Farm Tracts, recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right-of-way." SECTION 2. Exhibit A, which was attached to Ordinance No. 027968, is replaced by Exhibit A, which is attached to and incorporated into this ordinance. SECTION 3. Upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordi ce is pas ed and shall take effect upon first reading as an emergency this the day of�, 2010. ATTEST: Armando Chapa City Secretary APPROVED: June 2, 2010. R. JW Rpthing First Assistant City Attorney For City Attorney Oso Parkway Closure Correction Ordinance 06022010.docx CITY OF CORPUS CHRISTI Joe Afaame Mayor 2 3 Corpus Christi, Texas Day of 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: Ilwe, 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, izat‘24-iZ Joe Vme Mayor Council Members The above ordinance was passed by the following vote: Joe Adame 1 Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal U John E. Marez Nelda Martinez Mark Scott Oso Parkway Closure Correction Ordinance 06022010.doax 028627 g loN os � g w 341 114 7 C �vQ a N t! ti wo E4 P.6 554.4 igfin EXHIBIT A PUBLISHER'S AFFIDAVIT State of Texas County of Nueces CITY OF CORPUS CHRISTI Ad # 5936389 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PUBLIC HEARING An application which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 4/5/2010, 4/5/2010. $ 172.41 1Time(s) On this day o L LEGAL SALES RERESENTIVE , 2 N01 certify that the attached document is a true and an exact c y made by publisher. 0%1,11 M D4NA MY Cd2,2012 IfiES Not Public, State of Texas 4E April S, 2010 » CALLER -TIMES Legal Notices 1110 NOTICE OF PUBLIC 'HEARING An application has been filed with the Corpus , Christi .City Council to consider the closure & aban- donment of the fol- lowing public right-of- way: It 61,071-sqq.ft. portion (1.402 Ac. Tract) of the undevel- oped &unsurfaced So. Oso Parkway dedicated public right-of-way,: out of the: BotanIca I Gar- deans Park Unit 4 Subdivision,: & a 5.17 Acre Tract, out of portion 6f Sec. 31, of the Laureles' Farm Tracts, 'said public right of way, being 'lo- cated; adjacent to the So. Staples` St. (FM Hwy 2444) public right-of-way. -- - The public hearing on said, applicatlon(s) will be -held by the City' Council in the Council Chambers of City Wali, 1201 Leop- ard, ;in the City:of Corpus Christi, Txas on Tuesday, April 20, 2010 after 12:00 p.m. during the regular Council meeting, at which time & place all persons & parties and/or their agents ' may appear & be heardby the said City Council. /s/ Armando Chapa City Secretary v 00, 201010.4-06-.?2 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 Resolution No. 028627 passed and approved by Corpus Christi City Council on June 8, 2010 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 26th day of October, 2010. I 00 Armando Chapa City Secretary CP Corpus Christi, Texas 3 lij s ''1' (! !sem oi ` -mob (SEAL) 1r; :, Doc 2010(34-C)2E02 Pages 7 11/01/2010 1:24PM Official Records of NUECES COUNTY DIANA T. BARFERA COUNTY CLERK Fees $39.00 Any Provision herein which restricts the Sale: Rental or use of the described REAL PROPERTY because of Race► Color: Religion: Sex► Handicap: Familial Status? or National Origin is invalid and unenforceable under FEDERAL LAW: 3/12/89. STATE OF TEXAS COUNTY OF Nl. ..C:ES 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 Counts: Texas Diana T. Barrera JJwt,i —44 riaCity of Corpus Christi iipil Dept. of Engineering Services Property and Land Acquisition U _ = P. 0. Box 9277 %.".i%.... Corpus Christi, TX 78469-9277