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Home My WebLink About025500 ORD - 09/23/2003AN ORDINANCE ABANDONING AND V~CATING A 1.447 ACRE TRACT OF LAND (63,025.90 SQ. FT.) OFTHE BAYMOOR BOULEVARD AND EBONY STREET RIGHTS-OF-WAY, OUT OF THE BAYMOOR ADDITION SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 1.447 acre tract of land (63,025.90 sq. ff.) of the Baymoor Boulevard and Ebony Street ~ights-of-way, out of Baymoor Addition Subdivision, as recorded in Volume 4, Page 42, Map Records Nueces County, Texas, that the owner, wishes to have abandoned and~vacated; and WHEREAS, it has been detemhined 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 1.447 acre tract of land (63,025.90 sq. ft.) of the Baymoor Boulevard and Ebony Street fights-of-way, out of Baymoor Addition Subdivision, as recorded in Volume 4, Pages 42, 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 lots 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-b.doc 0255 0 / ordinances at two regular meelings so that this ordinance is passed and takes effect upon first reading as an emergelncy measure this the 23rd day of September, 2003. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved .~.~/~-,.~.~.~ /~ 2003 Joseph ~larney ' Assistant City Attorne'¢ For City Attorney H 5LEG-DIRkloseph\Ord-FHR-b.doc Corpus Christi, Texss- ,~dayof -~¢,.~~_. , v ,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 H:~LEG-DIR~Joseph'~Ord-FH R-b.doc PUBLISHER'S AFFIDAVIT St,~tc of Texas County of Nueccs CITY OF CORPUS CHRISTI Ad # 4676214 PO # Before me, the undersignedI a Nora .ry Public, this day personally came Diana Hino}osa, who being first duly sworn, according to law, says that slue 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, Dural, Jim Hogg, ,Jim Wells, Karncs, Kcnedy, Kleberg, Live Oak, Nueccs, 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 ~n the Corpus Christi Caller Times and on the World Wide Web on the CallerTirnes Interactive on the 20TH day(s) of SEPTEMBER~ 2003. $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 HEARING Whereas application havin~ been filed with the City Council of the City of Corpus Chdsti, Texas, to consider va- caring and' abandoning the follow- Lng street(a): Tract A i (a 62,965.3 sq. ff. per-I tion of Lakevlew I Circle), Tract B (e / 63,025.9 SCl,lt. pofllon ! of Baymoor Street &[ ~ Ebony Street), Tra~ ~ ~1 (a 70,946.4 sq.ft, pot- I tion of Nueces Say Blvd.) Tract D a 24 480.7 s§.ff, portion of Koepke Street), and Tract E a 24,357.3 sq.ft, portion of Moore Street) NOW,[ THEREFORE, NO-I TICE IS HERESY GIVEN THE PUBLIC: That a public hearing ' on said application to consider the vacatin and abandoning be held by the City Council In the Coun~l Chambers of CItv Hail, 1201 LeOpard, in City of Corpus ~deti, Texas on ~ 23, 2003 dudng the regular Council meet- ing after 2:00 p.m., at which time and piece Iall persons and parties and/or their agents may appear and be heard by the said City Council. Effective on September 20, 2003. /d/Armando Chaps City Secretary City of Corpu~s