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Home My WebLink About023956 ORD - 02/29/2000AN ORDINANCE CLOSING AND ABANDONING A 4,558-SQUARE FOOT PORTION OF ALLEY RIGHT-OF-WAY OUT OF LOTS 1-8, WATER BLOCK 1, BEACH ADDITION; REQUIRING OWNER, JOE ADAME AND WHAT-A-BURGER RESTAURANT, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,558-square foot portion of alley right-of-way out of Lots 1-8, Water Block 1, Beach Addition, as recorded in Volume 9, Pages 38-41, of the Map Records of Nueces County, Texas, that the owner, Joe Adame and What-A-Burger Restaurant ("Owner"), wishes to have closed and abandoned; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close and abandon this alley right-of-way for all purposes, subject to the provisions listed below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 4,558-square foot portion of alley right-of-way out of Lots 1-8, Water Block 1, Beach Addition, as recorded in Volume 9, Pages 38-41, of the Map Records of Nueces County, Texas, is closed and abandoned for public use as an alley right-of-way, subject to Owner, Joe Adame and What-A-Burger Restaurant, complying with the following specified conditions as part of the closure: (1) Owner, at time of platting, dedicate utility easements of equal or greater value as part of the replatting conditions in lieu of payment of the appraised fair market value for the portion of alley right-of-way being released. (2) Owner, at time of platting, dedicate the entire alley right-of-way width as a utility easement for the existing gas line within Lots 1-8, Water Block 1, Beach Addition (3) Within ten (10) days of the passage of this ordinance, Owner shall execute and deliver to the City a recordable easement which recognizes that the City has a 4754.65 square-foot easement by prescription and grants an express easement forthe following: a 4754.65 square-foot utility easementJdrainage easement for the existing 11.3' wide by 9.25' high storm water pipe which traverses the property in an east-west direction along the southern edge of the property. (4) Owner shall replat the portion of Beach Addition being closed and abandoned within 180 days at Owner's expense; provided however, the City 023956 Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. In the replat Owner shall show the following easements: (A) A 4754.65 square-foot prescriptive easement documented by Owner's grant of an express public easement (recorded in vol. , page Nueces County Deed Records) to the City as follows: a 4754.65 square-' foot public utility easement/drainage easement for the existing 11.3' wide by 9.25' high storm water pipe which was constructed in 1938 and crosses the southern edge of the property the property in an east-west direction. (B) A 4,792.50 square foot (15'x 319.50') utility/drainage easement dedicated to the public to provide access for maintenance of the storm water pipe described above. (C) A 10' X 200' utility easement dedicated to the public for a 6" waterline parallel to Shoreline Boulevard and crossing the east side of the property. (D) A utility easement of 4000 square feet (200' x 20') dedicated to the public for the existing gas line in the alley. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (f) finds and dec/ares 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 29th day of February, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Legal form approved February 23, 2000: James R. Bray Jr., City Attorney By: Doyl~s, Assist~;nt Cit~ Attorney H:LLEG-DIR\VERONICA',DDCURTI S~VIYDOC S\2000\ORD2000. 100WJDCORD00.116 TO THE MEMBERS OF THE CITY C~CCIL Corpus Christi, Texas ,2000. For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Chatter 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, The 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 023956 PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRIST/ Ad # 3346176 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 Christ/Caller-7~mes, a daily newspaper published at Corpus Christ/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 u/!4~.l~gAg which thF. ~nnPyF, d i~ ~ tree copy, was inserted in the Corpus 01/0~W ~ Febm~y 28, ~ ~d on the World Wide Web on the Caller-~mes Interactive , FEBRUARY Whereas, app ca~ · ~ ~ Co~us 4 1/ ~ch Add~n. ,,, Vice-President and Chief Fin~cial Officer ~OW; THEhEFO,~, NOTICE IS HEREBY $91.' GIVEN THE PU~: eeid application Subscribed and sworn to me on the date of FEBRUARY 29, 2000. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/01.