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HomeMy WebLinkAbout025955 ORD - 09/14/2004AN ORDINANCE ABANDONING AND VACATING A 30,000-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 20 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 1, 8, AND 9, ARTEMUS ROBERTS SUBDIVISION, APPROXIMATELY .86 MILE SOUTH OF THE LEOPARD STREET RIGHT-OF-WAY AND WEST OF THE RAND MORGAN STREET RIGHT-OF-WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 30,000-square foot portion of an undeveloped and unsurfaced 20 foot wide dedicated public right-of-way, out of Lots 1, 8, and 9, Artemus Roberts Subdivision, approximately .86 mile south of the Leopard Street right-of-way and west of the Rand Morgan Street right-of-way, as recorded in Volume 3, Page 41, Map Records Nueces County, Texas, that the owner, D.H. Braman, Jr., (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti 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 30,000-square foot portion of an undeveloped and unsurfaced 20 foot wide dedicated public right-of-way, out of Lot 1, 8, and 9, Artemus Roberts Subdivision, approximately .86 mile south of the Leopard Street right-of-way and west of the Rand Morgan Street right-of-way, as recorded in Volume 3, Page 41, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owners' compliance with the following specified conditions as part of the abandonment and vacation: 1. That payment of the fair market value in the amount of $6,210 be paid for the proposed abandonment and vacation of the public right-of-way. 2. 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 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 H:\LEG-DIRXJoseph\ORD-ArtRobt-av,doc ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 14th day of September, 2004. ATFEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Mayor Approved _.~7/--~- ~ ,2004 By: Assistant City AttomeC-- For City Attorney H:~LEG-DlR~Joseph\ORD-ArtRobt-av.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: 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, City of Corpus Chdsti Council Members Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper The above ordinance was passed by the following vote: Henry Garrett Bill Kelly ~. ~..~ Rex A. Kinnison Jesse Noyola Mark Scott H :\LEG-DIRXJoseph\ORD-ArtRobt-av.doc State of Texas County of Nueces PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5001595 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 Calle~Times, a daily newspaper published at Corpus Christi in said C~ty 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 CallepTimes and on the World Wide Web on the Caller Times Interactive on the 11TH day(s) of SEPTEMBER, 2004. $185.50 TWO (2) Time(s) Credit Manager Subscribed and sworn to me on the date of SEPTEMBER 13, 2004. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Comus Chdsti Caller-Tim(aa. Satun:lav, September 11, 2~' NOTICE OF PUBLIC HEARING Whereas, a~d · 27,0~E foot ~3r'don ~ undeveloped end /~ Ar,~,~o C~ Ch'y Secr~ary