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HomeMy WebLinkAbout025425 ORD - 08/19/2003AN ORDINANCE ABANDONING AND VA( DEDICATED 40-FOOT RIGHT-OF-WAY OUT O! FLOUR BLUFF ENCINA COMPLIANCE WITH THI REPLATTING THE PROI :ATING A 1.314 ACRE TRACT OF LAND OF A WIDE UNDEVELOPED PUBLIC STREET LOTS 14, 15, 16, 17, 18, & 19, SECTION 22, · FARM & GARDEN TRACTS; SUBJECT TO SPECIFIED CONDITIONS AND THE OWNER ~ERTY WITHIN 180 DAYS AT IT'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.314 acre tract of land of a dedicated 40-foot wide undeveloped public street right-of-way out of, Lots 14, 15, 16, 17, 18, & 19, Section 22, Flour Bluff Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Mostaghasi Investment Trust, (Owner), wishes to have abandoned and vacated', 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 1.314 acre tract of land of a dedicated 40-foot wide undeveloped public street right-of-way out of Lots 14, 15, 16, 17, 18, & 19, Section 22, Flour Bluff Encinal farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for Public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: Staff recommends that payment of the fair market value be waived because Owner will be dedicating a public street right-of-way of greater value to off-set the proposed vacating and abandonment of public right-of-way. That the abutting property owners 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 19th day of August, 2003. \\CLSTRI USERS2 SERVER\USERS2\LEG-DIR\Joseph\ORD-Poefgt-22.doc 0254 5 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved ~-,,;--~-r- // , , 2003 Joseph~H-arney ~ Assistant City Attorney For City Attorney X\CLSTRI USERS2 SERVER\USERS2\LEG-DIRLloseph\ORD-Poefgt-22.doc Corpus Christi, Tex¢~ [ ~-'day of - ,2003 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: INVe, 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 Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott \\C LSTR I_U SERS2_SERVER\U SERS2\LEG-Di R\Joseph\ORD-~e fgt-22.doc 0o54 '5