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HomeMy WebLinkAbout023794 ORD - 10/12/1999AN ORDINANCE CLOSING AND ABANDONING A 3,163 -SQUARE FOOT PORTION OF SAN ANTONIO STREET RIGHT-OF-WAY NORTH OF THE ALTA PLAZA STREET RIGHT-OF-WAY, BETWEEN LOT 3, BLOCK 2, NOLTE SUBDIVISION AND LOT 10, BLOCK 1, ALTA PLAZA SUBDIVISION, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS, AND THE OWNERS, BROOKE SWEEN-McGLOIN, PATRICK McGLOIN, AND GENE SPENCER, REPLATTING THE PROPERTIES WITHIN 180 DAYS AT THEIR EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 3,163 -square foot portion of San Antonio Street right-of-way north of the Alta Plaza Street right-of-way, as recorded in Volume 6. Page 58, of the Map Records of Nueces County, Texas, that the owners Brooke Sween -McGloin, Patrick McGloin, and Gene Spencer (collectively called "Owners"), wish to have closed and abandoned; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon said street right-of-way for public use, subject to the condiditons listed below; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 3,163 -square foot portion of San Antonio Street right-of-way north of the Alta Plaza Street right-of-way, as recorded in Volume 6, Page 58, of the Map Records of Nueces County, Texas, is closed and abandoned for public use, subject to Owners complying with the following specified conditions as part of the closure: 1) Owners are required to construct a curb and gutter knuckle -shaped cul-de-sac at their expense, which is estimated to cost $2,565, so payment of the fair market value of $2783 for the 3,163 -square foot portion of street right-of-way being closed is reduced by value of the Improvements, which is $2,565, leaving a balance of $218 to be paid by the Owners. 2) Owners must dedicate a 10 -foot wide public utility easement within the portion of the San Antonio Street right-of-way proposed for closure when the property is replatted to accomodate existing gas, water, and electrical lines. 3) Owners must, at their expense, demolish, remove, and properly dispose of all curb, gutter, and asphalt within the closed section of the San Antonio Street right-of-way, within 360 days after approval of this street closure ordinance. 4) Owners must construct a curb and gutter knuckle -shaped cul-de-sac, pavement repairs, sidewalk, and a driveway within City ROW to City standards at the intersection of San Antonio and Alta Plaza Streets, and to correct the drainage LEG-DIRNERON ICAALISON`.ORD99.700AGORD99.735 023794 problems within the intersection at Owners' expense, Owners must submit construction plans to the City Engineering Department for review and approval prior to start of construction, and complete construction within 360 days after approval of this street closure ordinance. 5) Owners must replat the portion of San Antonio Street being closed and their adjacent lots within 180 days at their expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owners' 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 tl c dinance is sed and shall take effect upon first reading as an emergency measure this the ay of e}' , 1999. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, Cit Secretary Legal form approved (Q ( c *A.&, , 1999; James R. Bray Jr., City Attorney. By: Ltid Alison Gallawa Assistant City Attorney H',LEG-DIRVVERONICAAALISONVORD99 700AAGORD99735 C Christi, Texa " lay of , 1999 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: I/we, 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, Samuel L. Neal, Jr., MA 0 CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:\LEG-DIR\VERONICA\ALISON'\ORD99.700\AGORD99 735 wort, otudic 023794 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI ss: Ad # 3140634 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 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 annexed is a true copy, was inserted in the Corpus Corpus Christi Caller -Times, Sunday, October 10, 1999 er1A LJLI ala 011 LIIC w orld Wide Web on the Caller -Times Interactive CTOBER, 1999. od. OUo , 0,3729 on the TWO (2 $84.60 001 4.1 1 in 4 •• NOTICE HEARING Whereas, application having been filed with the CIN Council of the City of Corpus Christi, Texas to consider the closure and abandonment of a 3,163 - square foot portion of the San Antonio Street right- of-way out of H.F. Nolte and Alta Plaza Subdivisions of the City of Corpus Christi. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said application to consider the closure will be held by the City Council in the Council Chambers of City Hall, 1201 Leopard, In the City of Corpus Christi, Texas on the 12th day of October, 1999 during the regular Council meeting which commences at 2:00 p.m., at which time and j place all persons and parties - and/or their agents may appear and be heard by the said City Council. Effective on the 10th day of October, 1999. /s/Annando Chapa City Secretary.. CiN Oviparous Christi Vice -President and Chief Financial Officer Subscribed and sworn to me on the date of OCTOBER 11, 1999. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14 /01.