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HomeMy WebLinkAbout025503 ORD - 09/23/2003AN ORDINANCE ABANDONING AND V~CATING A 0.559 ACRE TRACT OF LAND (24,357.30 SQ. FT.) OFf A PORTION OF MOORE STREET RIGHT-OF- WAY, OUT OF NUECES BAY HEIGHTS EXTENSION SUDIVlSlON; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN I~MERGENCY. WHEREAS, there is a 0.559 a~re tract of land (24,357.30 sq. ft.) of a portion of Moore Street right-of-way, out of Nuances Bay Heights Extension Subdivision, as recorded in Volume 4, Page 2, Map Recorcls Nueces County, Texas, that the owner, wishes to have abandoned and vacated; and I WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon add vacate said portion of the street right-of-way for all purposes, subject to the provisibns below. NOW, THEREFORE, BE IT qRDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 0.559 a~cre tract of land (24,357.30 sq. ft.) of a portion of Moore Sreet right-of-way, out of Nue~es Bay Heights Extension Subdivision, as recorded in Volume 4, Pages 2, 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 t~he 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 Mills 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, ~he abutting property owner(s) must replat their respective properties prior to closing at owner's expense; provided however, the City Engineer may extend tile 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 far the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon \~CLSTR1 USERS2 SERVER\USERS2\LEG-DIR\Joseph\Ord-FHR-e.doc 0 3 ordinances at two regular meelings so that this ordinance is passed and takes effect upon first reading as an emergel~cy measure this the 23rd day of September, 2003. ATTEST: Armando Chapa City Secretary Approved Joseph~a~ney' C) Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI x',CLSTR1 USERS2 SERVERSUSERS2[LEG-DIR\Joseph\Ord-FHR-e.doc Corpus Christi, Texas 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 twa regular meetings: I/VVe, 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 Ci~ Council. Respectfully, Respectfully, City of Corpus Christi Council Members Brent Chesney Javier D. Colmenero Melody Cooper The above ordinance was passed by the following vote: Samuel L. Neal, Jr. ~_~ Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott ~CLS'IRI USERS2 SERVER\USERS2\LEG-DIR\Joseph\Ord-FHR-e.doc PUBLISHER'S AFFIDAVIT State of Texas } CITY OF CORPUS CHRISTI County of Nueccs } ss: Ad # 4676214 PO # Before me, the undersigned 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 newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karncs, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patribio, Victoria and Webb Counties, and that the publication of, NOTICE OF iPUBLIC HEARING WHEREAS, which the annexed is a true copy, was inserted i~n 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 thc date of SEPTEMBER 22, 2003. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission cxpires on 04/23/05. /Corpus Christi 2003 NOTICE HEARING Whereas ap~pllllcation r having been filed with the C~ty Council of the I City of Corpus Christi, Texas, to consider va- cating and abandoning the follow- ing street(s): Tract A (a 62,965.3 sq. ff. por- tion of Lakevlew Circle), Tract S (a 63,025.9 S~l,fl. ~on of Seymour Street & Ebony Street}, Tract C a 70,945.4 sq.fl, por- tion of Nueces Bay Blvd.), Tract D (a 24 480.7 scl.ff, portion of Koepke Street, and Tract E (a 24,357.3 sq.fl, portion of Moore Street). NOW, THEREFORE, NO- TICE IS HEREBY GIVEN THE PUBLIC: That a on said applicatior consider the and be held C0urmtl In the Chambers of ( 28, 2003 reguler Council ing 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. /s/Armando Chapa City Secretal¥ City of Cc~rpu~s _Chdsti