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Home My WebLink About025925 ORD - 08/31/2004AN ORDINANCE ABANDONING AND VACATING A 44,005-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 40 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 12-13 AND 20- 21, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (APPROXIMATELY 0.52 MILE SOUTH OF SARATOGA BOULEVARD AND 2,151 FEET EAST OF THE SOUTH STAPLES STREET RIGHT-OF-WAY); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 44,005-square foot portion of an undeveloped and unsurfaced 40 foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Emilio Cano, (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 easement 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 44,005-square foot portion of an undeveloped and unsurfaced 40 foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, (approximately 0.52 mile south of Saratoga Boulevard and 2,151 feet east of the South Staples Street right-of-way) 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: 1. That payment of the fair Market value be waived because Owner will be dedicating public street right-of-way of greater value with the development of The Boardwalk Unit 1 Subdivision, to off-set the proposed abandonment and vacation of the public right-of-way. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property 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:\LEG-DlR~3oseph\ORD-Bo~rdwalk-~v.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 31 st day of August, 2004. ATTEST: Arman~~ City Secretary CO..US C.. ST ~;am,d~t L. Neal, Jr. MaTVo/ t~'D T~,.~-, Approved .'~.3~..~ f~ 2. ~' ,2004 By: Josep H/~arney% Assistant City Attorney For City Attorney H:~LEG-DIRLloseph\ORD-Boardwalk-av.doc Corpus Christi, Texas ¢ I'~' .day of ~ i 2004 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: 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, Sa~i-)~cl L. Neal, Jr., Mayor 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-Boardwalk-av.doc PUBLISHER'S AFFIDAVIT State of Texas } County of Nueces } SS: CITY OF CORPUS CHRISTI Ad # 4988832 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 smd City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refug~o, 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 Chnsti Caller-Times and on the World Wide Web on the Caller Times Interactive on the 28TH day(s} of AUGUST, 2004. $188.25 TWO (2 } Time(s) Credit Manager Subscribed and sworn to me on the date AUGUST 30, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. ChrisU Caller-Times, Saturday, August 281 2004 NOTICE OF PUBUC HEARING Whereas, app~lcaE~:m(s) having b~en Ifled with the City C~xJnc~l of ~ City of undeveloped and of-way out ot LOf~ 17 & & Encinal Farm & Garden Trac~e (approxlmalely 210- S~ THEREFORE, TH~ a public hearing city ci ~ Chmtl, Texa,~ on T2~ue~ A 31, regular Council said Clly Council, E~ec~ve o~ Auguet ~, 2004. /~ a,'man~ Cha~