Loading...
HomeMy WebLinkAbout025490 ORD - 09/16/2003AN ORDINANCE ABANDONING AND VACATING A 19,144 SQUARE FOOT PORTION OF BENBROOK DRIVE (AN UNDEVELOPED DEDICATED PUBLIC RIGHT-OF-WAY) OUT OF LOT 13, SECTION 19, FLOUR BLUFF ENCINAL FARM & GAl WITH THE SPECIFIED ( THE PROPERTY WIT DECLARING AN EMER( tDEN TRACTS; SUBJECT TO COMPLIANCE :ONDITIONS AND THE OWNER REPLATTING 4IN 180 DAYS AT ITS EXPENSE; AND ~ENCY. WHEREAS, there is a 19,144 dedicated public right-of-way) Garden Tracts, as recorded in Texas, that the owner, Brasc'lton abandoned and vacated; and quare foot portion of Benbrook Drive (an undeveloped ut of Lots 13, Section 19, Flour Bluff Encinal Farm & folume A, Pages 41-43, Map Records Nueces County, Land Ventures, Inc., (Owner), wishes to have WHEREAS, it has been deterrqined that it is feasible and advantageous to the City of Corpus Christi to abandon and! vacate said portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT OI~DAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 19,144 S, quare foot portion of Benbrook Drive (an undeveloped dedicated public right-of-way) eut of Lot 13, Section 19, 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 equal or 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 16th day of September, 2003. I l:q,EG-DIR~,Joseph\ORD-Ibefgt-19.doc 025490 ATTEST: Arman0o Chapa City Secmtaw ~ THE CITY OF CORPUS CHRISTI Mayor Approved ~¢~/.~.~-,.-- /C~ i , 2003 / I Josepl~Harney ~ Assistant City Attorney For City Attorney xCLSTRI USERS2 SERVER\USERS2[LEG-DIR\Joseph\ORD-Poefgt-19.doc Corpus Christi, Texas TO THE MEMBERS OF THE CIYY COUNCIL Corpus Christi, Texas For the reasons set forth in tl~e emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at tw~ regular meetings: INVe, therefore, request that you suspend said Charter rule and I~ass this ordinance finally on the date it is introduced, or at the present meeting of the Cit~/Council. Respectfully, Respectfully, ~amuet L. N'C~I, 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 Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ',,CLSTR1 USERS2 SERVER\USERS2~LEG-DIR\JosephSORD-fbefgt-I 9.doc r, 2%4 o State of Texas County of Nueces PUBLISHER'S AFFIDAVIT SS: CITY OF CORPUS CHRISTI Ad # 4669874 PO # Before me, the undersigned, Hinoiosa, who being first dul Manager of the Corpus Chr Corpus Christi in said City Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patri publication of, NOTICE OF is a true copy, was inserted Wide Web on the Caller-Tim 2003. a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, dim Wells, Karnes, Kenedy, Kleberg, Live Oak, .'io, Victoria and Webb Counties, and that the PUBLIC HEARING WHEREAS, which the annexed the Corpus Christi Caller-Times and on the World ~ Interactive on the 13TH day(s) of SEPTEMBER, $120.55 TWO (2 } Time(s} Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 15, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Christi Callel-Times, Saturday, September 13, 200G/Die NOTICE O~ HEARING Where~m application havin been filed with the Cil Council of the City c Co~a Christi, Texm ~lo~ng etree~s): , 19,144-square foot porth~n of Benbrook Drive (an undeveloped dedicated public right- of-way) out of Lot 13, Block f9, Flour Bluff & Encinal Farm on ~d C~y of Corlx~ Ch~ee, Seplember 13. 2003.