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HomeMy WebLinkAbout022797 ORD - 12/17/1996AN ORDINANCE CLOSING AND ABANDONING A 0.11 ACRE PORTION OF A 20 -FOOT WIDE UNDEVELOPED ROAD RIGHT-OF-WAY OUT OF LOT 5, SECTION 11, BOHEMIAN COLONY LANDS, IN ORDER TO FACILITATE DEVELOPMENT OF THE PENN PLACE SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT HIS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there exists a 0.11 acre portion of a 20 -foot wide undeveloped road right-of-way out of Lot 5, Section 11, Bohemian Colony Lands, shown by plat recorded in Volume A, Page 48, of the Map Records of Nueces County, Texas. WHEREAS, W. K. Penn, "Owner" is requesting the City to close and abandon the 0.11 acre portion of undeveloped and unused 20 -foot wide road right-of-way to facilitate development of the Penn Place Subdivision. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said street right of way, subject to the provisions listed below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That a 0.11 acre portion of a 20 -foot wide undeveloped road right-of-way out of Lot 5, Section 11, Bohemian Colony Lands, as shown by plat recorded in Volume A, Pages 48, of the Map Records of Nueces County, Texas, is hereby closed for public use and every municipal purpose, in order to facilitate development of the Penn Place Subdivision, subject to the following specified conditions as part of closure: 1) That Owner dedicate street right-of-way of greater acreage in the Penn Place Subdivision in lieu of paying the fair market value for the right-of-way proposed to be closed. 2) That Owner must replat Penn Place Subdivision, within 180 days at his expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that AG\96\5000.162.1a 022797 this o ance is Qas�sed and shall take effect upon first reading as an emergency measure this the day o P '(,Q,111,y>(}U , 1996. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary .--ao-s 7 MAYOR The Ci of Corpus Christi APPROVED THIS THE 13 DAY OF Q& r .b -e-/ 19�. JAMES R. BRAY, JR. CITY ATTORNEY By: \J1 (LLtvl rQS atintr Alison Gallawyd , Assistant City AttBtney AG\96\5000.162.1a 3 Corpus Christi, Texas I7Fh day of,l, QMy' hot) , 1996. 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: Uwe, 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, Council Members MAYOR THE CITY OF CORPUS CHRISTI The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols AG\96\5000.162.Ia 022797 N -2 State of Texas County of Nueces PUBLISHER'S AFFIDAVIT } } CITY OF CORPUS CHRISTI ss: Ad # 1039058 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County 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...CONSIDER THE CLOSURE AND ABANDONMENT OF A 0.11 ACRE PORTION OF UNDEVELOPED AND UNUSED 20 -FOOT WIDE ROAD which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 15TH day(s) of DECEMBER. 1996. ONE (11 Time(s) $64.75 •-• Hq '% 0:60 • pY P°9. C OOF 1 ' S ••. ek'PIRt% 7 ' A jJff1ij • Type Name of Notarymm m� € � ssion expires on 5/14/97. E.8 m.g g q 8 Ort O0ggq Vice -President and Chief Financial Officer Subscribed and sworn to before me this 23RD day of DECEMBER. 1996. Notary Public, Nueces County, Texas CONNIE HARALSON