HomeMy WebLinkAbout08995 ORD - 08/21/1968AN ORDINANCE
CLOSING A PORTION OF AN EASEMENT AND RIGHT OF WAY ON
SOUTH STAPLES STREET IN GARDENDALE ADDITION, UNIT 1,
AND THE TEN -FOOT STRIP OF LAND ALONG THE WEST RIGHT
OF WAY LIPS OF SOUTH STAPLES STREET, WHICH ALSO ABUTS
THE EAST PROPERTY LINE OF GARDENDALE SUBDIVISION
ANNEX "A ", ALL AS MORE PARTICULARLY DESCRIBED HEREIN-
AFTER, CONDITIONED UPON THE RELOCATION OF THE EXISTING
UTILITY LINE AT THE EXPENSE OF THE OWNER AND THE
REPLATTING OF THE PROPERTY TO PROVIDE A SUBSTITUTE
RIGHT OF WAY LINE FOR SOUTH STAPLES STREET; AND
DECLARING AN EMERGENCY.
WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING CON-
CERNING THE CLOSING OF A PORTION OF AN EASEMENT AND RIGHT OF WAY ON SOUTH
STAPLES STREET IN GARDENDALE ADDITION, UNIT 1, AND THE TEN -FOOT STRIP OF
LAND ALONG THE WEST RIGHT OF WAY LINE OF SOUTH STAPLES STREET, WHICH ALSO
ABUTS THE EAST PROPERTY LINE OF GARDENDALE SUBDIVISION ANNEX "A" IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WAS GIVEN BY PUBLICATION
ANDFEGISTERED MAIL TO THE LAST KNOWN ADDRESSES OF THE OWNERS OF PROPERTY
ABUTTING SAID EASEMENT AND RIGHT OF WAY AND WITHIN 450 FEET OF THE AREA TO
BE CLOSED, AND THEREAFTER, PURSUANT TO SAID NOTICE, PUBLIC HEARING WAS HELD
AT REGULAR COUNCIL MEETING BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
ON AUGUST 7, 19678, IN ACCORDANCE WITH THE PROVISIONS OF THE CITY CHARTER;
AND
WHEREAS, IT WAS DETERMINED THAT THE EASEMENT AND RIGHT OF WAY
HEREINAFTER DESCRIBED IS NOT NEEDED NOW, NOR WILL IT WITHIN THE FORESEEABLE
FUTURE BE NEEDED FOR EASEMENT AND RIGHT OF WAY PURPOSES; AND
WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF
THE CITY TO ABANDON THE HEREINAFTER DESCRIBED EASEMENT AND RIGHT OF WAY
IN THE CITY OF CORPUS CHRISTI SO THAT THE SAME MAY BE USED BY THE ABUTTING
PROPERTY OWNERS FOR OTHER PURPOSES, PROVIDED THAT RELOCATION OF THE EXISTING
UTILITY LINE BE MADE AT THE OWNERS EXPENSE AND THAT THE PROPERTY BE
REPLATTED TO PROVIDE A SUBSTITUTE RIGHT OF WAY LINE FOR SOUTH STAPLES
STREET:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
8995
SECTION 1. THAT THE HEREINAFTER DESCRIBED EASEMENT AND RIGHT OF
WAY BED AND THE SAME IS HEREBY, DECLARED CLOSED FOR PUBLIC USE AND ABANDONED
TO THE OWNERS OF THE ABUTTING PROPERTY:
BEING THAT UTILITY EASEMENT SITUATED IN BLOCK 10,
GARDENDALE, AS SHOWN BY MAP OF SAME FILED IN VOLUME
8, PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 11, THE
MOST EASTERLY CORNER OF LOT 12 OF BLOCK 10, GARDENDALE,
FOR THE NORTHWEST CORNER OF THIS TRACT AND THE PLACE OF
BEGINNING;
THENCE WITH THE COMMON BOUNDARY LINE OF LOTS 11 AND 12,
S. 29° W. 5 FEET TO THE SOUTHWEST CORNER OF THIS TRACT;
THENCE PARALLEL WITH AND 5' NORMAL TO THE NORTHEAST
BOUNDARY LINE OF LOTS 11 AND 10, RESPECTIVELY, S.
61° 00' 40" E. 350.78 FEET TO THE WESTERLY RIGHT OF WAY
OF SOUTH STAPLES STREET FOR THE SOUTHEAST CORNER OF
THIS TRACT;
THENCE WITH SAID RIGHT OF WAY N. 32° 11' 50" E. 10.01 FEET
TO THE NORTHEAST CORNER OF THIS TRACT;
THENCE PARALLEL WITH AND 5! NORMAL TO THE SOUTHWEST BOUNDARY
LINE OF LOT 9, N. 61° 00' 40° W. 285.34 FEET TO A POINT IN
THE COMMON BOUNDARY OF LOTS 7 AND 9 AND A CORNER OF THIS
TRACT;
THENCE WITH SAID COMMON BOUNDARY LINE S. 290 W. 5 FEET TO
THE MOST SOUTHERLY CORNER OF LOT 7, THE MOST WESTERLY CORNER
OF LOT 9, AND A CORNER OF THIS TRACT;
THENCE WITH A PORTION OF THE COMMON BOUNDARY OF LOTS 7 AND
11 N 61° 00' 40" W. 66 FEET TO THE PLACE OF BEGINNING;
CONDITIONED HOWEVER, UPON THE OWNER'S RELOCATION OF THE EXISTING UTILITY
LINE, AT HIS EXPENSE, AND THE REPLATTING OF THE PROPERTY, PROVIDING A NEW
RIGHT OF WAY LINE FOR SOUTH STAPLES STREET.
SECTION 2. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY
WDULD BE BETTER SERVED BY THE CLOSING OF THE EASEMENT AND RIGHT OF WAY AND
THE REPLATTING OF THE PROPERTY TO PROVIDE A NEW RIGHT OF WAY LINEFOR SOUTH
STAPLES STREET CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE RJBLIC NECESSITY
REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH
ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE M0DR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY
EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT
THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE
EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT
-2-
IS ACCORDINGLY SO ORDAINED, THIS THE -1�4de DAY OF AUGUST, 1968.
ATTEST:
CITY SECR TARY
APPROVED:
_DAY OF AUGUST, 1965:
CITY ATT64NEY
" V'i'4
MA
THE CITY OF CORPUS CHRIST[, TEXAS
q / r
CORPUS CHRISTI, TEXAS
11&_.AY OF
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH 'IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
• RESPECTFULLY,
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON -
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, /SR.
KEN MCDANIEL
of
W. J. "WRANGLER" ROBERTS _
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACK14ON
RONNIE SIZEMORE
V. A. "DICK` BRADLEY, JR. ' I
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS