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HomeMy WebLinkAbout025732 ORD - 04/27/2004AN ORDINANCE ABANDONING AND VACATING A 962-SQUARE FOOT TRIANGULAR PORTION OF THE CHEYENNE STREET RIGHT-OF-WAY AT ITS INTERSECTION WITH THE TARLTON STREET RIGHT-OF-WAY ADJACENT TO LOT 20-C, BLOCK 1, PATRICK GARDENS SCHOOL TRACT; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS AND THE OWNER REPLATTING THE PROPERTY WITHIN 180 DAYS AT ITS EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 962-square foot triangular portion of the Cheyenne Street right- of-way at its intersection with the Tarlton Street right-of-way adjacent to Lot 20-C, Block 1, Patrick Gardens School Tract, as recorded in Volume 63, Pages 97, Map Records Nueces County, Texas, that the owner, Corpus Christi Independent School District (Owner), wishes to have abandoned and vacated; and WHEREAS, after a public hearing, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the right-of-way easement, 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 962-square foot triangular portion of the Cheyenne Street right- of-way at its intersection with the Tarlton Street right-of-way adjacent to Lot 20-C, Block 1, Patrick Gardens School Tract, as recorded in Volume 63, Page 97, 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: Payment of the fair market value dedicating other utility easements vacation and abandonment. will be waived because Owner will be of greater value to off-set the proposed That the triangular portion of the Cheyenne Street and Tarlton Street rights-of- way being abandoned and vacated, be retained as a drainage/utility easement. That the abutting property owners replat their respective properties within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 H:\LEG-DIR~Joseph\ORD-PatGrdns2.doc ('2573 . 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 27th day of April, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved /~/~ ( Z z ,2004 By: H; n~ey / J~.,(} Joseph Assistant City Attorney For City Attorney H:\LEG-DI R\Joseph\ORD-PatGrdns2.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 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 H:\LEG-DlRXJoseph\ORD-PatGrdns2.doc ('25732 State of Texas County of Nueces SS: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 4874544 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, Karnes, Kenedy, Kleberg, Live Oak, Nueces, 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 Calle~Times Interactive on the 24TH day(s} of APRIL, 2004. $133.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of APRIL 26, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Coflx~ Chrlm] Calter-Tlrnea, Saturday Ap~ 24, held b Ihl Cl , Te~a%7°,n T~ ~e~ull~r (~ i~l. nall ~L City~ Council.