HomeMy WebLinkAbout025501 ORD - 09/23/2003AN ORDINANCE
ABANDONING AND VACATING A 1.629 ACRE TRACT OF LAND
(70,945.40 SQ. FT.) OF A PORTION OF NUECES BAY BOULEVARD,
NORTH OF THE WEST BROADWAY STREET RIGHT-OF-WAY, OUT
OF THE FLINT HILLS RESOURCES, L.P.; SUBJECT TO COMPLIANCE
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 1.629 acre tract of land (70,945.40 sq. ft.) of a portion of Nueces
Bay Boulevard, north of the West Broadway street right-of-way, out of the Flint Hills
Resources, L.P., as recorded lin Volume 4, Page 623 and page 636, Deed Records
Nueces County, Texas, that the 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 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 1.629 acre tract of land (70,945.40 sq. ft.) of a portion of Nueces
Bay Boulevard, north of the West Broadway street right-of-way, out of Flint Hills, L.P.,
as recorded in Volume 4, Pages 623 and Page 636, Deed 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 and as a fire lane access easement.
That before any of the lots abutting the abandoned and vacated right-of-way are
ever sold or conveyed, the abutting properly 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
'~CLSTRI USERS2 SERVER\USERS2\LEG-DIR\Joseph\Ord-FHR-c.doc
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 23rd day of September, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Mayor
Approved ~-~¢-~ /¢¢ ,2003
By: ,/~L. /~I ,
JosephC--tarney ~
Assistant City Attorney
For City Attorney
CxCLSI'RI USERS2 SERVER\USERS2\LEG-DIR\Joseph\Ord-FHR-c.doc
Corpus C~hristi, Texa~_s_
y of ,
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in ~he 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: lANe, 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,
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
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PUBLISHER'S AFFIDAVIT
State of Texas
County of Nueccs
SS:
CITY OF CORPUS CItRISTI
Ad # 4676214
PO #
Before mc, thc undersignedi a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspapcr published at
Corpus Christi in said City and State, gencrally circulatcd in Aransas, Bee,
Brooks, Duval, Jim Hogg, ,Jim Wells, Karnes, Kencdy, 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 in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller Times 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, ap lice on I
havln~ been ~1~1 with I
he City Council ol the
City of Corpus Christi, i
Texas, to consider va- I
cating and
abandoning the fo~ow- I
lng street(s): Tract A I
(a 62,965.3 sq. ft. pot- '
tion of Lakeview
Circle), Tract B (a !,
63,025.9 sq,fl, po~on
of Beyrno~ ~tr~et &
Ebony Street), Tract C
a 70,945.4 sq.ft, por-
tion of Nuecee Bay
Blvd.), Tract D (a
24,480.7 sq. ft. portion
of Koepke Street), and
Tract E (a 24,357.3
sq.ft portion of Moore
Street) NOW,
THEREFORE, NO-
TICE IS HEREBY~
GIVEN THI~ PUBLIC:
That
on said application
conside~
and
be held
23, 2003
regular Council
lng after 2:00 p,m., at
which time and place
all persons and parties
and/or their agents
may appear and be
heard by the said City
Council, Effective on
September 20, 2003. I
/s/Armando Chaps
City Secretary
City of Corpus _Christ__ii