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HomeMy WebLinkAbout025874 ORD - 07/27/2004AN ORDINANCE ABANDONING AND VACATING A 43,432-SQUARE FOOT PORTION OF AN UNDEVELOPED 20-FOOT WIDE DEDICATED PUBLIC RIGHT- OF-WAY OUT OF LOTS 15 AND 23, SECTION 32, FLOUR BLUFF & ENClNAL FARM AND GARDEN TRACTS (SOUTH OF WOOLDRIDGE ROAD APPROXIMATELY ONE MILE EAST OF RODD FIELD ROAD UNSURFACED ROADWAY); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 43,432-square foot podion of an undeveloped public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff & Encinal Farm and Garden Tracts (south of Wooldddge Road approximately one mile east of Rodd Field Road unsurfaced roadway), as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Hogan Development Company, (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 podion 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 43,432-square foot portion of an undeveloped public right-of-way out of Lots 15 and 23, Section 32, Flour Bluff & Encinal Farm and Garden Tracts (south of Wooldridge Road approximately one mile east of Rodd Field Road unsuffaced roadway), as recorded in Volume A, Pages 41-43, 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 will be dedicating public street rights-of-way cf greater value on Los Vientos at Terra Mar Unit 1, to off-set the proposed vacating and abandoning of the public right- of-way. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real properly map records of Nueces County, Texas, in which the property is located. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 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 H:kLEG DIRkloseph\ORD-Los Vientos.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 27th day of July, 2004. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary Samuel L. Neal, Jr. Mayor Approved ~'ii~_l ~ '.,~ ~ ,2004 Mary KayJFisch~r City Attorney H:X~LEG- D IRLlosepix\O RD-LosV ientos.d oc Corpus Christi, Texa¢,, 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: I/We, 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, Samuel L. Neal, Jr., Mayor~' City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel U Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DlRXJoseph\ORD-LosVientos.doc PUBLISHER'S AFFIDAVIT State of Texas County of Nueces SS: CITY OF CORPUS CHRISTI Ad # 4958578 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, Nucces, 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 24TH day(s) of JULY, 2004. $144.25 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of OCTOBER 11, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Corpus Chdsfi CaJler-T]mee, Salurday, July 24, 2004/C21 undev~:ped 20' vade Road