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HomeMy WebLinkAbout025850 ORD - 07/20/2004AN ORDINANCE ABANDONING AND VACATING A 7,000-SQUARE FOOT PORTION OF THE TERESA STREET PUBLIC RIGHT-OF-WAY, BETWEEN EVELYN STREET AND A DEAD-END, OUT OF THE SUNFLOWER ADDITION NO. 2 SUBDIVISION; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 7,000-square foot portion of the Teresa Street public right-of- way, between Evelyn Street and a dead-end, out of the Sunflower Addition No. 2 Subdivision, as recorded in Volume 10, Page 24, Map Records Nueces County, Texas, that the owner, City of Corpus Christi, (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 for public street 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 7,000-square foot portion of the Teresa Street public right-of- way, between Evelyn Street and a dead-end, out of the Sunflower Addition No. 2 Subdivision, as recorded in Volume 10, Page 24, 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 is waived because the Owner is the City of Corpus Christi and the abandonment and vacation is at the request of the Owner to generate cost savings and expedite construction of the project known as Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street and Drainage Improvements, Phase 1. The City Wastewater, Water, and Gas Departments are requiring that the entire 50-foot wide street right-of-way be retained as a utility easement so that the existing utilities located in the rear easement will not be isolated and will be accessible through the retained 50-foot utility easement. 3. AEP will seek reimbursement if adjustments to their facilities become necessary. Engineering Services is requiring that the property owners adjacent to this portion of the Teresa Street right-of-way construct two (2) 10-foot driveways at their expense in exchange for the City replatting both properties at the City's expense. H:\LEG-DIRXJoseph\ORD-TeresaSt.doc 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 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 20th day of July, 2004. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary Mayor ~-~ Approved ~/,.f'~ /~'" ,2004 By: Joseph~rarne?-~0 Assistant City Attomey For City Attorney H:\LEG-DIR~Joseph\ORD-TeresaSt.doc Corpus Christi, Texas r TO THE MEMBERS OF THE CITY COUNCIL Corpus Chdsti, 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, ~a~l, ~r ,~or~ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Nea., Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:\LEG-DIRXJoseph\ORD-TeresaSt.doc