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HomeMy WebLinkAbout024939 ORD - 07/09/2002 AN ORDINANCE ABANDONING AND VACATING A 5,799.80 SQUARE FOOT PORTION OF A 15 FOOT WIDE ALLEY RIGHT-OF-WAY BETWEEN LOTS 4 THROUGH 6, BLOCK 1, AND LOT 3 BLOCK 2A, OCEAN VIEW ADDITION, REQUIRING THE OWNER, CHRISTUS SPOHN HEALTH SYSTEM, 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 5,799,80 square foot portion of alley right-of-way between Lots 4 through 6, Block I, and Lot 3, Block 2A, Ocean View Addition, as recorded in Volume I, Page II, and Volume 58, Page 19, Map Records Nueces County, Texas, that the owner, Christus Spohn Health System, (Owner), wishes to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, July 9, 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 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 5,799,80 square foot portion of alley right-of-way between Lots 4 through 6, Block I, and Lot 3, Block 2A, Ocean View Addition, as recorded in Volume I, Page I I, and Volume 58, page 19, Map Recods Nueces County, Texas is abandoned and vacated for public use as an alley right-of-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 $9,900,00 for the proposed 2,249.87 square foot portion of alley right-of-way to be vacated and abandoned at Owners' expense. 2. Owner will be dedicating a 15 foot wide alley right-of-way (3,549.93 square feet) along the north property line of Lot 4, Block I, with an elbow at the west of the alley right-of- way. 3. The City Gas Department is requiring a $2,000.00 fee to abandon an existing 2 inch gas line within the alley right-of-way at Owner's expense, 4. Central Power and Light has three existing power poles within the alley right-of-way that will be relocated and will seek reimbursement for the adjustment of those power poles. \ \CITYHALL02\USERS\LEG-DIR\JOSEPH\ WORD\ORD-06e~ 4u~':r~oc 5. 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 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 9th day of July, 2002. ATTEST: THE CITY OF CORPUS CHRISTI Armando~ City Secretary Samuel L. Mayor Legal form approved -J ~ I J 3 James R. Bray, Jr. City Attorney ,2002 By: f}A I~ Joseph arney Assistant City Attorney I ICITYHALL02IUSERSILEG-DIRIJOSEPHI WORDlORD-Ocean VuAlley.doc Corpus Christi, Texas q~ay of ~ ,2002 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas F or 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, ~ Samuel L. Neal, r., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~/J ~ t1f/ J1~ ~~ Brent Chesney Javier 0, Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott \ \CITYHALL02\USERS\LEG-DIR\JOSEPH\ WORDlORD-Ocean VuAIley.doc 024939 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 4246309 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 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 7TH day(s) of JULY, 2002. Ovt-, No, O~~q3q $115.32 bLLiIl.O-- (fj Uu~-S~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of JULY 08, 2002. (JOll/l Ym! Il.UA --*Or2eI2..) Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Sunday. July 7, 20021 NO'I1CE OF PUBLIC HEARING Whereas, application having boon flied with the Cfty Council of the City of Corpus Christi, Texas, to consider the closure and abandonment of a 5,799.8Q..square foot portion 01 a 15-fool wide alley right-of-way between Lots 4~6, Stock 1, and Lot 3, Bfock 2A, Ocean View Addition. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a pubIIo hearing on aald applIcaIion '" """,ldar 1f1II~ and abandonmOnl WIll ba hold by tha City Council In the Council ChambarsofCIty Hall, 1201 leopard. in the City 01 CorpuaChriati, T.... on July g, 2002 during the regular CounCIl meeting which commences at 12:00 p.m., at which time and place all persons and parties and/or' tfterr agents may appear and ba hoan:l by the said City Council. Effecttve on July 7, 2002. lII_do~ """nfgaz",~,J _