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HomeMy WebLinkAbout025499 ORD - 09/23/2003AN ORDINANCE ABANDONING AND V~ACATING A 1.445 ACRE TRACT OF LAND (62,965.30 SQ. FT.) OFi THE LAKEVIEW CIRCLE STREET RIGHT-OF- WAY, OUT OF WEST~ND HEIGHTS SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.445 aare tract of land (62,965.30 sq. ft.) of the Lakeview Circle street right-of-way, out of WeStend Height Subdivision, as recorded in Volume 15, Pages 4, Map Records NueCes County, Texas, that the owner, wishes to have abandoned and vacated; and WHEREAS, it has been deterr~ined 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 1.445 acre tract of land (62,965.30 sq. ft.) of the Lakeview Circle street right-of-way, out of Westend Heights Subdivision, as recorded in Volume 15, Pages 4, 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: That payment of the fair market value for the vacating and abandonment of the public street right-of-way be waived in exchange for real property that the City will be acquiring from Flint Hills Resources for the construction of a training facility to be used by the Police and Fire Departments located east of Carbon Plant Road and Hearns Ferry Road. That the abandoned and vacated street right-of-way be retained in its entirety as a utility easement. That before any of the lets abutting the abandoned and vacated right-of-way are ever sold or conveyed, the abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend the time limit up to 180 days if extenuating circumstances necessitate an extension. A violation of this provision will void the abandonment and vacation and may result in a reversion of the street right-of-way to the City. 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 H:\LEG-DIR\Joseph\Ord-FHR-a.doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergdncy measure this the 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved ,2003 By: Joseph ~arney {) Assistant City Attorney For City Attorney H ~LEG-DIRSJoseph\Ord-FHR-a.doc TO THE MEMBERS OF THE CiTY COUNCIL Corpus Christi, Texas For the reasons set forth in lhe 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, Samuel L. I~,~,~l, Jr., I~'r/ 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 H:\LEG-DIR\Joseph\Ord-FH R-a.doc PUBLISHER'S AFFIDAVIT State of Texas County of Nueccs Betbrc me, the undersigned Hinoiosa, who being first du Manager of the Corpus Ch~ Corpus Christi in said Citl Brooks, Duval, Jim Hogg, Nueces, Refugio, San Patr publication of, NOTICE OF is a true copy, was inserted Wide Web on the Caller-Tim 2003. SS: CITY OF CORPUS CHRISTI Ad # 4676214 PO # a Notary Public, this day personally came Diana sworn, according to law, says that she is Credit ~sti Caller-Times, a daily newspaper published at and State, generally circulated in Aransas, Bee, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, cio, Victoria and Webb Counties, and that the PUBLIC HEARING WHEREAS, ~vhich the annexed n the Corpus Christi Calle~Times and on the World es Interactive on the 20TH day(s) of SEPTEMBER, $136.09 TWO (2) Time(s} Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 22, 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 ( 2003 NOTICE OF I HEARING Whereaa, ap llcation havln~ been ~1~ with the C~ty Council of the City of Corpus Christi, Texas, to consider va,- cating andi abandenlng the follow- ing street s: Tract A (a 62,965.3 aq. ff, por- tion of Lakevlew Circle), Tract B (e 63,025.9 ~l,ft,~o~ of Nueces Blvd.}, Tract D ( 24,480.7 sq.fl, portion of Moore Street). NOW, THEREFORE, NO- TiCE IS HEREBY GIVEN TIlE PUBLIC: That a public heaHr on said application consider the vacatir and abandoning be held by the Council in the 23, 2003 regular Council meet- lng after 2:00 p.m.; at which time and p~ace all persons and parties and/or their agents may appear and be heard by the said City Council. Effective on ~eptember 20, 2003. City of