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HomeMy WebLinkAbout024805 ORD - 03/19/2002 AN ORDINANCE ABANDONING AND VACATING A 2,000 SQUARE FOOT PORTION OF A TWENTY (20) FOOT WIDE ALLEY RIGHT-OF-WAY BETWEEN LOTS 9, 10, 11, & 12, BLOCK 7, BROOKLYN ADDITioN, ADJACENT TO THE' COASTAL BOULEVARD STREET RIGHT-OF-WAY; REQUIRING THE OWNER, MR. ALAN CARMELI, 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 2,000 square foot portion of a 20 foot wide alley right-of-way between Lots 9,10, I I, & 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right- of-way, as recorded in Volume 5, Page 29, Map Records Nueces County, Texas, that the owner, Mr. Alan Carmeli, (Owner), wishes to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, March 19, 2002, 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 2,000 square foot portion of a 20 foot wide alley right-of-way between Lots 9,10, I I, & 12, Block 7, Brooklyn Addition, adjacent to the Coastal Boulevard street right- of-way, as recorded in Volume 5, Page 29, Map Records Nueces County, Texas is abandoned and vacated for public use as an alley right-ot:way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: I. Payment of fair market value is set at $12,000 for the total 2,000 square foot portion of alley right-of-way to be abandoned and vacated at Owners' expense. 2. The Owner must replat the property 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 thc Mayor or five council members, copy attached, the City Council (I) finds and declares an emergcncy 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 19th day of March, 2002. \ \CITYHALL02\USERS\LEG-DIR\JOSEPH\WORDlORD-Brklyn.doc ()2:18u5 . . _~.._.,...,.~......,._._...,_"" _...... "'__'_4~_'_"~___"_ 1"1 ATTEST: THE CITY OF CORPUS CHRISTI A~ City Secretary .A---..~ ~ Samuel L. Neal, J . ' Mayor Legal form approved James R. Bray, Jr. City Attorney /-I.1oc~ I) ,2002 By: ~ (9 Joseph ey Assistant City Attorney I ICITYHA LL02IUSERSILEG-DIRIJOSEPHIWORDlORD-Srklyn.doc . I .,^_"".c~,,._ 1'1 Corpus Christi, Texas C 1\\ -AV'w.x . \ \ day of \ \ (~ .2002 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. ~t rJ- Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott I ICITYHALL02IUSERSILEG-DIRIJOSEPHI WORDlORD-Brk.ly""do.c - 5 I)., '" Uti '" I U . -"'._.~..-. --....,.....---,..,. . -_._~.._.......-,...~-,-,.., .._<~"-"...__..,_._-..-" -. .- ~,",,: ;'!"~~'\\. . ,.. ,~I' ,l, , \ .(~' fjt..~ ,..., ,.. \ . l" \_' ^'" r -. F \':d"y, \\;'. -.' - . 7' \'..\' \t)~ ' Stat~"o'fte~as } County of Nueces } PUBLISHER'S AFFIDAVIT ss: CITY OF CORPUS CHRISTI Ad # 4127883 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Supervisor 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, KIeberg, 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 17TH day(s) of MARCH. 2002. Ol{(~ , No. ()~410 b Cotpus Christl CaHer-Times Sunday. March 17. 2002/F7 -l- 4 _ _ . ._ ----,___ NOTICE OF PUBLI HSARlNG Whereas, "application I having been fUed with the City Council of the Cityot, Corpus Christi, Texas., to: 'consider thai c I 0 au rea n d abandonment eta 2,QOO-square foot portion of a 20-'00 wide olley righklf'way e (S) between Lots t. 1'0, 11, """ 12. Block 7, ~n AddHIon. NOW, THEREFORE, NOTICe IS HEREBY GIVEM THE PUBLIC: Thet . public IIoaring on saidapplicaUon to conaMIer "the, cIosuN and libendonri1ent will be held by ... Cltv Councif In the CounclJ 'Chambers of CIIv HaJl, 1201 Leopard, In \he City of Corpus Christi, Texas _on 'March 19. 2002 during the regular Council meeting which ' commences at '2:00 p.m., at which tirneand place all persons and parties and/or their agents Q'lay appear' and be heard by the said City CouncH. EffectlW on March 17, 2002. Is! Annando Chapa CIty Secretary .1 City of Corpus Christi ,I bLCUlO- ?tj Uu~.s~ Credit Supervisor Subscribed and sworn to me on the date of MARCH 18. 2002. 6?aut YnrJJu/t ,,-k~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. . r I II 111