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HomeMy WebLinkAbout024503 ORD - 07/17/2001 AN ORDINANCE ABANDONING AND VACATING A 2,250 SQUARE FOOT PORTION OF A FIFTY (50) FOOT WIDE STREET RIGHT-OF-WAY ON PURL PLACE, NORTH OF THE ROBERT DRIVE STREET RIGHT-OF-WAY; REQUIRING OWNERS, DR. AND MRS. ROBERT W. MADRY, JR. AND MRS. ANN C. YEAGER, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNERS' EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 2,250 square foot portion of a 50 foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way, as recorded in Volume 7, Pages 12, Map Records Nueces County, Texas, that the owners, Dr. and Mrs. Robert W. Madry, Jr. and Mrs. Ann C. Yeager, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, July 17,2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the street right-of-way 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 2,250 square foot portion of a 50 foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way, as recorded in Volume 7, Pages 12, Map Records Nueces County, Texas is abandoned and vacated for public use as a street right-of-way, subject to Owners' compliance with the following specified conditions as part of the abandonment and vacation: 1. Payment of the fair market value is set at $2,048.00 for the total 2,250 square foot portion of Purl Place street right-of-way to be closed at Owners' expense, 2. That the abutting property owners fence off the south line of the 2,250 square foot portion of street closure to serve as a barricade and avoid any public traffic confusion through the recommended street closure, 3. That an easement be retained within the Robert Street right-of-way to encompass the Southwestern Bell facilities already located within the right-of-way. 4. That the existing 11,5 foot sidewalk easement be maintained, as well as an additional 3.5 feet on the west side of the sidewalk easement; and that the abandoned and vacated street right-of-way be removed (curb, gutter and sidewalk) at the Owner's expense, and not made to appear simply as a blocked street. L:ILEG-D1RISHINDA lJO.SEPHIORD-PurlPl.doc -',., 1" ('3 I'.,.. ' . 00' '.. \.).J '-_ 'r .. 5. That a proper cul-de-sac or tee turn-around be constructed at the end of the public street at the Owners' expense. 6. That the existing street light at the intersection of Robert Street and Purl Place be relocated to the end of the new cul-de-sac or tee turn-around. 7. The Owners must replat their respective properties within 180 days at Owners' 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, the City Council (I) 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 17th day ofJuly, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Arm~ City Secretary Legal form approved James R. Bray, Jr, City Attorney ..L/~ II ,2001 L:ILEG-DIRISHINDA IJOSEPHIORD,PurlPl,doc Corpus Christi, Texas ,11-1h -f~ ~dayof ~ ,2001 TO THE MEMBERS OF TH 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, d~rfJ-~~ ~amuel L. eal, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~ Brent Chesney ~ Javier D. Colmenero flit- Henry Garrett UJ!_ Bill Kelly ~f- Rex A. Kinnison at;i John Longoria Jesse Noyola o.~G Mark Scott Ol~ L:\LEG,DIR\SHINDA \JOSEPH\ORD-PurlPl.doc 11),1 !)'03 ~,' '.. ~ '- '- t\ i \-\ 'iJi'. rt:. O't.l'f\., r \i~r>.\\v ~ Cj: ~ 'l. \) \ J\j\. t-'> t\ State of Texas } County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad# 3891337 PO # Before me, the undersigned, a Notary Public, this day personally came Eugenia Cortez, who being first duly sworn, according to law, says that she is Customer Service Manager 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 Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 15TH day(s) of JULY, 2001. Olfrl. Nrn ( 0 JJ{603 4'/i g f'?~ Credit Customer Service Manager Subscribed and sworn to me on the date of JULY 16.2001. eo~ '1Mn.I~ J4J~J Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05.