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Home My WebLink About024590 ORD - 09/18/2001 Page 1 of 4 AN ORDINANCE ABANDONING AND VACATING PORTIONS OF KOSAR, FLORIDA, NAPLES, YORK, AND SOUTH STAPLES STREETS AND BALDWIN BOULEVARD STREET RIGHT-OF-WAY WITHIN THE ORIGINAL ARCADIA SUBDIVISION (VOLUME 6, PAGES 53-55, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, APRIL 21, 1937) AND LOCATED WITHIN OR ABUTTING THE CAMPUS OF DEL MAR COLLEGE, SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNERS, DEL MAR COLLEGE AND THE CITY OF CORPUS CHRISTI, REPLA TTING THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there are portions of Kosar, Florida, Naples, York, and South Staples Streets and Baldwin Boulevard Street Right-of-way within the original Arcadia Subdivision (Volume 6, Pages 53-55, ofthe Map Records of Nueces County, Texas, April 21 ,1937) and located within or abutting the Campus of Del Mar College, that the owners, Del Mar College and the City of Corpus Christi ("Owners"), wish to have abandoned and vacated; and WHEREAS, there are no public or franchised utilities in these portions of street right-of-way or the utilities will be relocated at Owner's expense; and WHEREAS, in accordance with subdivision (11) of subsection (a) of Section 1 of Article X of the City Charter, a public hearing was held by the City Council after notice by publication and by mail to the last known address of all property owners within four hundred fifty feet of the portions of the street right-of-way proposed to be abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate this street 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 the portions of street right-of-way described in the attached Exhibit ''A''and shown on the map in the attached Exhibit "B", within the original Arcadia Subdivision (Volume 6, Pages 53-55, of the Map Records of Nueces County, Texas, April 21, 1937), are abandoned and vacated for public use as a street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: H:\LEG-DIR\DoyleDCurtis\MYDOCS\2001 \ORD2001.1 00\Ordinanc.eslAbandon&Vacale\DeIMarStsDDCOrd01.1 07. wpd n)IC,OO ~ ,. _. v CJ 1 T Page 2 of 4 SPECIFIED CONDITIONS AS PART OF ABANDONING AND VACATING: 1) Except for right-of-way shown in "a." below, for which the fee simple interest is owned by the City of Corpus Christi, the Owner must pay fair market value for the public street rights-of-way abandoned and vacated, as estimated by City staff: a. 24,963.77-square foot irregular shaped area (Site 2A) comprised of portions of Kosar, Florida, York, and South Staples Streets (fee simple owned by the City); b. Kosar, Florida, and Staples Streets (Site 2B) - $ 1,151.78 for 3,656.43- square foot triangular street right-of-way (fee simple owned by Del Mar);. c. Naples Street (Site 2C) - $ 5,312.32 for 35,415.47- square foot portion of street (fee simple owned by Del Mar); d. York Street (Site 2D) - $ 1,095.89 for 3,479.01-square foot triangular street right-of-way (fee simple owned by Del Mar); e. York Street (Site 2E) - $ 7,795.80 for 16,675.51-square foot street right-of- way (fee simple owned by Del Mar); f. Baldwin Boulevard (Site 2F) - $ 3,049.66 for 6,454.30-square foot portion of street (fee simple owned by Del Mar); 2) Utility easements as required by the City must be specified in the replat of the property. 3) Any public or franchised utilities shall be relocated at Owner's expense. 4) Owner must replat the affected properties within 180 day in compliance with requirements of the Platting Ordinance; 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. H:\LEG-DIR\DoyleDCurtisIMYDOCS\2001 \ORD2001.1 00\Ordinanc.eslAbandon&Vacate\DeIMarStsDDCOrd01.1 07 .wpd T T" Page 3 of4 SECTION 2, That upon written request of the Mayor or five Council members, copy attached, the City Council (1) 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 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 18th day of September, 2001. ATTEST~ Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI ~~\~ ~/ Samuel L. Neal, Jr. / / Mayor / LEGAL FORM APPROVED September 18,2001 James R. Bray Jr. :~~75~L'~ Doyle D. rtis Senior Assistant City Attorney H:\LEG-DIR\DoyleDCurtisIMYDOCS\2001 \ORD2001.1 OO\Ordinanc.eslAbandon& Vacate\DeIMarStsDDCOrd01.1 07 .wpd 1 T Page 3 of 3 corpp~G_hristi, Texas S' ~ ' i1"'1lay of ... D k\~".tQ., TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 2001. 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, A.,-;>~ Samuel L. eal, Jr., Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Brent Chesney Samuel L. Neal, Jr., Mayor Rex A. Kinnison, Mayor Pro Tem Javier D. Colmenero Henry Garrett Bill Kelly John Longoria 01(/ B;- Jesse Noyola Mark Scott H:\LEG-DIR\Jeannie\DeIMarS2. wpd ,~.,.~ " 00 j,.};.. /I:J v 1 1" FINt\HCE [!EF;~Rl ~::1n PUBLISHER'S AFFIDAVIT o I S~P 19 FIn S::, [ State of Texas } County of Nueces } ss: CITY OF CORPUS CHRISTI Ad # 3950643 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 16TH day(s) of SEPTEMBER. 2001. Ovtf. No. [j~~ ffqo ~'4 g ~~ TWO (2) Time(s) Credit Customer Service Manager $197.21 Subscribed and sworn to me on the date of SEPTEMBER 17, 2001. ~ QQ.tt. YrilJI2Ut J-WntiV Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . Corpus Christi Caller-Times SunaIlIV; SepIemIler16. 20011F3 'fleE OF PUIIIJC, HEARING _, _lcatIon haIIlng _n ftIod wtth .~. .'.C'. (>>uncI.' 0I\he 01 ~,Chrtsti. to~r the y'acatlj"o:, and .~ 01 \he Itr..t, rlllhts-Of-w.y , Ipi ~itt. original :~I ' ' (:,-,SubdMslon ,PllQOli 53- '.thO 1M., ',!lii.~ .i1xos, . ApI ,as followe: 8. a 24,963.77-squsre toot Irregular-shqp8d 'arH . comprised of portl"," of Konr. Ftorl.~ :York, and SouthS1aples Streets; I). a 3,656.43-square foot t(taogularl,r88 of the. Or'1~lnal I(OS&I: S~ri -of-"fOY; c. . 35. 15.41..equare foot portion of Naples Street from BaldwIn Boulevard to Kosar Street: d. a 3,479.01-square foot triangular area at the southwest side of 'York Street at Its junction with Kosar Street; . ~. a 16,675.51..square toot portion of, York Street flOm . point midway belweon Its ifl_,,_Kooar _10..........., . at'" ""'" ind ol\he s_;1IIlCl f. a 6.454.30-_- poIIlon 01 the south side of Baldwin Boulevard r1ght-ol-way from Naples, Street to South Staples Street. NOW. THEREFORE. NOTICE IS HEREBY GIVEN THE PUBLIC: That a pubtic hearing I on said applicatiOn to consider the vacation and abandonment will be held by the. CIty Council in ttle Councll Chambers of City Hall, 1201 Lsopard, In th. City of Corpus Christi, Texas 'on September . 18, 2001 during the regular council meeting whioh commences at. 1:00 p.m., at which time and place all persons and parties and/or. their agents may appear and be heard by the said City Council. Effective on September 16, 2001. Is/ Armando Chapa I CIty Soc<etorY _City of CorpuS Christi r