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HomeMy WebLinkAbout025098 ORD - 11/12/2002 AN ORDINANCE ABANDONING AND VACATING 62,832 SQUARE FEET OF THE WESTSIDE PORTION OF THE N. SHORELINE BOULEVARD STREET RIGHT-OF-WAY, APPROXIMATELY 792-FEET NORTH OF THE NORTH RIGHT-OF-WAY LINE OF THE RESACA STREET RIGHT-OF- WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is 62,832 square feet of the westside portion of the N. Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of the Resaca Street right-of-way, as recorded in Volume 9, Pages 38-41, Map Records Nueces County, Texas, that the owners, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, November 12, 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 street 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 62,832 square feet of the westside portion of the N. Shoreline Boulevard street right-of-way, approximately 792-feet north of the north right-of-way line of the Resaca Street right-of-way, as recorded in Volume 9, Page 38-41, Map Records Nueces County, Texas, is 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: 1. That the payment of the fair market value be waived because the Owner is the City of Corpus Christi and the closure is at the request of the Owner to convert the property into an area for the construction of a public parking lot. 2. CPL, SWBT, and TimeWamer will seek reimbursement if adjustments to their facilities become necessary. 3. Water, Wastewater, Storm Water and Gas Departments are requiring that the City retain a utility easement for the entire width of the street rights-of-way for their existing utilities or that the utilities be relocated at Owner's expense. L:\LEG-DIR\JOSEPH\ WORDlORD-Shorln-stLdoc ; 01'-098 1,_, ) 4. 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 12th day of November, 2002. ATTEST: THE CITY OF CORPUS CHRISTI ~ Armando Chapa City Secretary ~~~~cr:#~ Mayor Legal form approved Ai evc'.., \<".- <( James R. Bray, Jr. City Attorney ,2002 By: l:)-vL Joseph mrney Assistant City Attorney /+-0 LILEG-DIRIJOSEPHI WORDlORD-Shorln-str.doc Corpus Christi, Texas t'l,\1 \ )'\ __~ day of \ [)\, "Z.n lhk/~, 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, ?h~,,/~ Samuel L. ai, Jr., Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Jesse Noyola 0%1 · (tLZ r' \, ( ~l'r-/ , U'(~Z. I ' . ( \hVv..1Al ~e) I[ ( {'}f/ (~0 " ','Z/ L~' ( Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scott L:\LEG-DIR\JOSEPH\ WORDlORD-Shorln-str.doc ;125098 PUBLISHER'S AFFIDAVIT State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 4363681 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 9TH day(s) of NOVEMBER, 2002. Or&-, NC6. Ol6()q~/ OloOQ1/ ~ Oflf50Qt $158.38 bL'CUlC1- ?tj UuliJO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of NOVEMBER 11,2002. /J ' /If....~ , ( X ('~ Yn1f2{,~.;j(.U U2.-/ Notary Public, Nueces Co nty, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. CPrpus ClIttsti c.il.r-T1m9S, Satulday, N'fember 9, 20021023 _'I - NOTICE 01' PUBLIC HEARING Whereas, application having been filed with the City Council of the City of Corpus Christi, Texas, to consider vacating and abandoning the following streets: a 28,800-square foot portion of an SO-foot wide stTeet right-of~ay on Water Street, I between~ the ReS8ca I Street and Hughes: Street street ~' . ht8~of-'Nay; an ",.- .. . '. :lW"ife foot on of a 6O-foot __.Oght-of-wey on H\lgh.s Street, between the Watel Street and West Shoreline Boulevard street rights-ot.way; ond 62.132 sqU818_ of the westside portion of the North Shoreline BoultWMf street right- of-way, approximately 792 teet north of the north right-of-way Hne of Resaca Street right- of-way. NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE ,PUBLIC: I That . public hearing \ :.:!!ICf_J", to . "Ing """ InglMllbe hl!Id ~y the City -=..!ItlI~ncn fI 'Han, 1201:.,', .', n the CIty III Corpus tlI1r1sti. TeX81 on Novefltber 12. :1002 during tha regular Council m_g after 1 :00 p.m., at which time and piece .n persons and partiR and/or their agentl may appear and lIB hoard by tho said '._ City Council. ~ on November g,.- -,>,. ,. A'"'""*' Chopa ......'~Sec.~ ~-_llLr.hriAti .