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HomeMy WebLinkAbout026018 ORD - 11/09/2004 AN ORDINANCE ABANDONING AND VACATING A 43,654.61 SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 40 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 6 & 7, SECTION 26, AND LOTS 26 & 27, SECTION 27, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS (SOUTH OF THE OSO PARKWAY AND EAST AND WEST OF THE QUEBEC DRIVE/OSO PARKWAY INTERSECTION); SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 43,654.61 square foot portion of an undeveloped and unsurfaced 40 foot wide dedicated public right-of-way out of Lots 6 & 7, Section 26, and Lots 26 & 27, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Virginia Hills Development, LLC, (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 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 43,654.61 square foot portion of an undeveloped and unsurfaced dedicated public right-of-way out of Lots 6 & 7, Section 26, and Lots 26 7 27, Section 27, Flour Bluff Encinal Farm & Garden Tracts, 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. Staff recommends that the Owner pay the fair market value of $8,020 for a portion (21,827 square feet) of the abandonment and vacation of the 43,654.61 square feet of the dedicated public right-of-way. 2. The upper northern portion of the 20 foot wide dedicated public right-of-way out of Lots 26 & 27, Section 27, Flour Bluff & Encinal Farm & Garden Tracts is being dedicated as a city park to serve as a buffer zone. 3. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded at Owner's expense 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. H: ILEG-D IR Voseph 10 RD- !befg! - 26&27 -av. doc 02R018 4. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval, however, the Director of Development Services may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 9th day of November, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando~ City Secretary A~/~ '~1'"~ .- amuel L. eal, Jr " Mayor Approved t/ ~'. ...~ [,..., { ,2004 By: .L. (.f-~ JoseptfHarney () Assistant City Attorney For City Attorney H :ILEG- D IR IJ oseph 10 RD- !befg! - 26&27 -av. doc Corpus Christi, Texas L(fl- day of ~1\b1;J;~ '-- ,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: l!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, ~-0-f( /~Q Samuel L. Nea( Jr., ayPJ( City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Qr- nV! ~{;t- ~~ (h,t- LhjZ I (k( CL<;f (~~/ Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott H: ILEG-D IR Voseph 10 RD- fbefg! - 26&2 7 -av .doc ()~hn p~ PUBLISHER'S AFFIDAVIT ~.! ('."'" '")-; f<"\ C. \ r: U~'r ,__' _' L I.; ~. . State of Texas County of Nueccs ss: C]TY OF CORPUS CHR]ST] Ad # 5036140 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, 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, K]eberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOT]CE OF PUBLIC HEAR]NG 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 25TH day(s) of OCTOBER. 2004. $]52.50 bc'CU"lfJ- (fj UutijO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 26, 2004. /)~Q~t41J:Th7J. ~ JWru~-~)_ Notary Public, Nueces County, Texas ROSA MAR]A FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. Christi Caller , . -- HEARING I Wher..., application(a) IllwinI bean tRod _ Iha cay Councl of Iha 9IIy of Cotpuo Chriati, Tlx... to consider vacating and abandoning the I-., _1(0): a 44,85dl-aquara fool porllon of an undeveloped and ~40'_ ~".d public right. of-way out of Lola II & & 7, Soc. 26. and Lola 26 & 27. Sac. 27, Flour BIurf & Encinal Fann and Garden Tracts (south of the Oso Parkw,y and east & wesl of the Quebec DrivI/OBl) Parkway inIB_). NOW, THEREFORE. NOTICE IS HEREIlY GIVEN THE PUBLIC: That a public hearl~ on aaId application(a) to consider the vacating and abandoning will be held by the City Council in the Councfl Charnbars of City Hall. 1201 Leopard, in the City of Corpw ChrioIl. ! Texas on Tue_Y', November 9, 2004 attar 10:00 a.m. durinl! the regular COUOClI meeting, at which time . and P'ace all pentOns and parties and/or their agents may appear and be heard by the said City Council. Effactive on Octobar 25, 2004. laI~~ CIIy~ City of Corpus ChrtaIl Oclober 25 2OCM.'III