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HomeMy WebLinkAbout025078 ORD - 10/29/2002 AN ORDINANCE ABANDONING AND V ACA TING A 26,054.28 SQUARE FOOT PORTION OF A DEDICATED FORTY (40) FOOT WIDE UNDEVELOPED PUBLIC RIGHT-OF-WAY WITHIN THE PROPOSED VICTORIA PARK UNIT 7 SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped public right-of-way within the proposed Victoria Park Unit 7 Subdivision, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owners, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, October 29, 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 public 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 L That the 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped public right-of-way within the proposed Victoria Park Unit 7 Subdivision, as recorded in Volume A, Page 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as a public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. Payment of fair market value is set at $4,496.23 for the total 26,054.28 square foot portion of a dedicated 40-foot wide undeveloped public right-of-way within the proposed Victoria Park Unit 7 Subdivision to be abandoned and vacated at Owner's expense. 2. That the 20-foot wide portion, of the 40-foot wide undeveloped public right-of-way, to be abandoned and vacated be retained as a 20-foot wide utility easement. 3. The abutting property 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 I ICITYHALL02IUSERSILEG-DIRIJOSEPHI WORDlORD- VicPrk.doc n2:'1078 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 29th day of October, 2002. ATTEST: THE CITY OF CORPUS CHRISTI ~- Armando Chapa City Secretary Legal form approved LV c p~ z t James R. Bray, Jr. City Attorney ,2002 By: /\,/~ V'J.- Joseph Aa;ney 0 Assistant City Attorney \\CITYHA LL02\USERS\LEG-DIR\JOSEPH\ WORD\ORD- VicPrk.doc Corpus Christi, Texas ~\YOf Wv~ .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: I1We, 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. 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 Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott \ \CITYHALL02\USERS\LEG-DIRIJOSEPHI WORDlORD- V icPrk.doc 02:'0'/8 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces \ J \ J ss: CITY OF CORPUS CHRISTI Ad # 4352373 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 2002. Caller-Times Interactive on the 27TH day(s) of (Jv~, No. O~EJ01/( OCTOBER, $115.32 bL"C1flO.- (fj iu~.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 28, 2002. 61 ('~ Ynol/u~ ~ 0/ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. -_.____._. _.___. u__ _'~'W'_' __. _,__ __.._._._.. _ ~ , f.i