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