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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 \\,CLSTR1 USERS2_SERVER~USERS2\LEG-DIR\Joseph\Ord-FHR-c.doc 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