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HomeMy WebLinkAbout025965 ORD - 09/21/2004AN ORDINANCE ABANDONING AND VACATING A 27,082-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 60 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY (SEABREEZE DRIVE) EXTENDING 451 L.F. NORTH OF SOUTH PADRE ISLAND DRIVE, OUT OF LOT A, BLOCK 2, AND LOT A, BLOCK 3, SOUTHBAY ADDITION ANNEX; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 27,082-square foot portion of an undeveloped and unsuffaced 60 foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Ddve, out of Lot A, Block 2 and Lot A, Block 3, Southbay Addition Annex, as recorded in Volume 27, Page 61, and Volume 34, Page 82, Map Records Nueces County, Texas, that the owners, Dawn Melancon, Arnold Krueger, and the Baptist Foundation of Texas, (Owners), wish 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 27,082-square foot portion of an undeveloped and unsurfaced 60 foot wide dedicated public right-of-way (Seabreeze Drive) extending 451 linear feet north of South Padre Island Drive, out of Lot A, Block 2, and Lot A, Block 3, Southbay Addition Annex, as recorded in Volume 27, Page 61, and Volume 34, Page 82, 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 $27,085 be paid for the proposed abandonment and vacation of the public right-of-way. 2. An alternative access is to be provided to the rear A-2 property. 3. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property map records of Nueces County, Texas, in which the properly is located. Prior to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs H:\LEG-DIR~Joseph\ORD-Seabreeze-av.doc and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21s~ day of September, 2004. ATTEST: ,~,~~ Armando Chapa City Secretary APPROVED Joseph H~ey/~'- Assistant City Attorney For City Attorney THE CITY ~,~O PUS CHRISTI ~' et~:alt~?~' C c ~/~ s ~dst i HSLEG -DI RXJoseph\ORD-Seabreeze-av.doc Corpus Christi, Texas ~'7~1$-~ day of~.~, 2004 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/M/e, 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, Mayor, The 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 William Kelly Rex A. Kinnison ~.~ ~. Jesse Noyola Mark Scott H:\LEG-DIRLIoseph\ORD-Seabreeze-av.doc ;' ',i9r;5