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HomeMy WebLinkAbout024668 ORD - 11/20/2001 AN ORDINANCE ABANDONING AND VACATING A 4,261 SQUARE FOOT PORTION OF A FIFTY (50) FOOT WIDE STREET RIGHT-OF-WAY ON PURL PLACE, NORTH OF THE ROBERT DRIVE STREET RIGTH-OF-WAY; REQUIRING THE 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 OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,261 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, Page 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, November 20, 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 utility easement 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 4,261 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, Page 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: I. Payment of fair market value is set at $3,880 for the total 4,261 square foot portion of Purl Place street right-of-way to be closed at Owners' expense. 2. 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. 3. That a proper cul-de-sac be constructed to match existing curb and gutter at the end of the public street at the Owners' expense. 4. 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. L:ILEG,DIRlJOSEPH\ WORDIORD-PurI2.doc .. .'4 ." :: c' ". __ \.b-l l' 5. The Owners must replat their respective properties within 180 days at Owner's 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, 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 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 20th day of November, 2001. ATTEST: THE CITY OF CORPUS CHRISTI ~ Armando Chapa City Secretary 4.. - of/'- /k/Y Samuel L. Neal, r. Mayor Legal form approved tJeve_~'or' <( James R. Bray, Jr. City Attorney ,2001 By: ~Ih Joseph H ey !J Assistant City Attorney L:\LEG-DIR\JOSEPH\ WORD\ORD-Purl2.doc 1 r Corpus Christi, Texas ~aYOf Y\.~L200l 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, Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott L:\LEG,D1R\JOSEPH\ WORD\ORD-PurI2.doc ,'"', .-, I'.' , 'J,~(,t)6S " _ .\"n, , .~".. '-',,\ \~ I ,L,\ , ..\l".,\..it..rp.. "0,, i'l.\Jtfi \ \1'." i'\ t-\'\ \\: G \ Q\ Hell 3, State of Texas } County of Nueces } PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 4012281 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 Ol~00( ~''i'..~ NOVEMBER, 2001. nrAJ Co U8 Chrisll CllIler-T1mes Sunda , November 18, 200llF5 Pl.IIlLlC HEARiNG Whereas, application havln9. been filed with' . the C'ly Council of the I Tlme(S) CIly. of Corpus Christi. Texas to consider the closure and; abandonment of . 4,261-square foot portion of a 50-fOot i wide right-of-way on Purl Place, north- of the Robert Drive right-of. way. N.OW, THEREFORE. NOTICE IS HEREBY I GIVEN THE PUBlIC: That a public hearing on _ eppIlcoIJon 10 ,.... ..... =-ider the_~"RiA'~.. lIldobandOnment... ,,^. F( .... M held. by -the Cltyp'r'- 'fl-.'f PIJ, 01;" \ Cotn::I. in the eounclt- ~~ I:i{ <' r .. -c:::tWnbers Qf,-Ofty HIlI, ~o "c '-- '\ 1801 ~. Tn tho. ~ !. CIty of C<iipils Christl. ' . _ ~ Texas on NOV$tTlbef~ :: ~ ~ 20, 2001 during the...,...'(' ,', ,,~..:::::,~ regular Council' 0'"'/ ~ ,/ meeting, WhiCh'J;o. .--' \.'\.'Q.. /' comm9nc~ '?t2:00_~It'O<l-T!.;~~()S ".:' p.m., atwtllch time and "'..,..:;:,:--:..: ._' - plaCe. all persons and ~-#..""""",... parties . andlor the.r 0'- Ill8Y ep~ i. .~mJ..... 'In.~. ....'6Vl~. 18.2001. Is/ Armando Chaps City Secretary City of Corpus Christi I . '" 18TH day(s) of .No, ,4~ Credit Customer Service Manager Subscribed and sworn to me on the date of NOVEMBER 19. 2001. ~ ~ow '-/ntJI/0J. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05.