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Home My WebLink About026209 ORD - 04/12/2005 AN ORDINANCE ABANDONING AND VACATING 12 PARCELS OF UNIMPROVED STREET RIGHT-OF-WAY OUT OF WINDSOR PARK UNIT 4 SUBDIVISION, ALL LOCATED ON THE NORTH SIDE OF MCARDLE ROAD BETWEEN EVERHART AND HOLMES DRIVE, IN CONNECTION WITH THE MCARDLE ROAD STREET IMPROVEMENT PROJECT; AND DECLARING AN EMERGENCY. WHEREAS, there are 12 parcels of unimproved street right-of-way out of Windsor Park Unit 4 Subdivision, all located on the north side of McArdle Road between Everhart and Holmes Drive, as shown on the attached Exhibit, and as recorded in Volume 15, Pages 18-19, Map Records Nueces County, Texas, that the owner, City of Corpus Christi, (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 public right-of-way 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 12 parcels of unimproved street right-of-way out of Windsor Park, Unit 4 Subdivision, all located on the north side of McArdle Road between Everhart and Holmes Drive, as shown on the attached Exhibit, and as recorded in Volume 15, Pages 18-19, Map Records Nueces County, Texas, are abandoned and vacated for public use as public right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. Fair market value is waived because the City initiated the process in connection with the McArdle Road Street Improvement Project 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 12th day of April, 2005. H: \LEG-D I R \J oseph 10 RD- M cArdle-a v. doc 028,?O~~ ATTEST: ~. Armando Chapa City Secretary Approved 'tfv>.f 7- By ~ (~ Joseph arney Assistant City Attorney For City Attorney II :\LEG-DIRVoseph\ORD-McArdle-av.doc ,2005 THE CITY OF CORPUS CHRISTI ~J4w;i ~eft Mayor Corpus Christi, Texas ;~ day of ~II ii, 2005 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: IlWe, 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, Council Members The above ordinance was passed by the following vote: Henry Garrett I~\c Brent Chesney (},i-r Melody Cooper ~ Jerry Garcia l4!i- 1 Bill Kelly cU-'I< 1 Rex A Kinnison -~t- , John E. Marez ~ , Jesse Noyola ~Ur- Mark Scott 4~ H: ILEG- D I R \3 oseph \0 RD- M cA rdle-a v. doc 026209 CORPUS CHRISTI BAY LOCATION (/iiiii.. WINDSOR PARK UNIT FOUR ~ ~ ;,.....,,-.....<~!.l!.l <t ~~I I lirw. II: I ,! LLI 1!L1 JilL I ~ I J~I ~i 1_ _ _ r= = =]~ r~= T\ j;Us:.1S,_A~ b"S[~ji~ t-------------I--~,!"Q ;._".'$lLlJOAD -~------------+------------4_ i i i j i i 1,/ I ! ii, _ _ I ! ~ L _ # _ _ _ ~ ! ~ _ ! i Iff --11 -~~ 11,1 lI! ,I, ~ I I ~ I .. I . I " I " I " I " I AfT. VERNON SUBDMSION l(It.lf,FC.I.IUttU:..r. WINDSOR PARK, UNIT FOUR Klt.'5,Pli:S:'''''''.I.II.N.l::.r. m 1< ~ ~ ~ ~ II ~ ~ j!L_I_:uJ -kt- t~ t_Jil LJ --ill g _-.J~JL_ LJ&-_-l~!~ ! bm~tLJtbzg::,d'lLU'mJrL2J!__~)!~ i------------1------------r------------'------------t " I, ! f 'I j ! ' I 1 ' , I I , r-lrT) I ! L_L !II ~_ I! I _( !I! _( _ I ! ~_ (/'I_f -J ! ~_i_~lll I! I I ~ t-g I I I" gig 1 I, 1 ~ g ,II II /Ii-lj--l I ~ Q:; 0.; 0.; Do; 0.; ~ ~ 0; Mr. VERNON SUBDMSION 0; ... '1. f;[.N(f~"", EXHIBIT McARDLE ROAD STR. IMP, City Council Exhibit Department of Engineering Services KG. W TO. VACATE & ABANDaN City of Corpus Christi, Texas Date: 03-14-2005 Page: 1 of] ~ NAS 40 f!l. 4CI 10 1DUl1"'" ~ -- - - - - - ,- ," ',ur.'L :l:'FAr\'l i-iEh ~ :- ll'~ .l"" .... ,. PUBLISHER'S AFFIDAVIT 05 ^PR -4 M1 8: 43 State of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5162218 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 SENIOR COLLECTOR 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, 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 Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 28TH day(s) of MARCH. 2005. $153.91 bLctrlLl- ct1 UuliJO.s~ SENIOR COLLECTOR TWO (2 ) Time(s) Subscribed and sworn to me on the date of MARCH 29. 2005. /~ ~ k ~~02-d / 11J11L1 "- .. Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. - NOTa OF P\IlIUC -- Wh......, application I haYing bMn filed _ ... City Council of ... CIty of Corpua Chrtsll, Texas, to cons., vaoating and abandoning the following at_(a): 12 __ of unImprawd _ right-of-way out of -.. Palk Unft 4 Subdivision (Vo","", 15, pagos 18-19, of the Map Aaoonls of Nuec.. County I T_l, 011 _ on the north side of McArdle Road _ Everl1art and _Drive. NOW, THEREFORE, NOnce IS HEREBY GIVEN THE PUBlIC: i That a public = on said IIpIIIUtion(a to conalder, the vacating and abandoning will be hald by tho City CounclI In the CouncH ~.. of City Hall, 1201 ~ In ... CIty of Corpua Chrioll, T_ on T..-y, Apt1I 12, 2005 .r 10:00 a.m. during the regular Council ..-.g, at whIch_ and place all _ and partIoo and/or lhalr agents may appear and be heard by tho said City Council. E_ on Mar<:h 28. 2005. 1tI..._~ CItp"'~C1~ 11F .~ - 9 `fes Doc# 2005022130 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance 026209 passed and approved by Corpus Christi City Council on April 12, 2005 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 18th day of April, 2005. Armando Chapa City Secretary Corpus Christi, Texas loittok kiCu4��. Noir Doc# 2005022130 # Pages 6 05/04/2005 9:02AM Official Records of NUECES COUNTY DIANA T. BARRERA COUNTY CLERK Fees $23.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race, Color, Religion,Sex,Ftandicap,Familial Status or National Origin,is Invalid and unenforceable under FEDERAL LAW, 3/12/89 STATE OF TEXAS COUNTY OF NUECES I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time stamped herein by me,ar ce,4 l.0,/vs was duly RECORDED in the Official Public Records of Nueces County Texa;- pe e/ rien cervicefIS 14 T r o. .6ex 9z77 COUNTY CLERK ° �" NUECES COUNTY TEXAS