Loading...
HomeMy WebLinkAbout09393 ORD - 06/18/1969IMS:JKH:5 /1+/69 AN ORDINANCE CLOSING THAT PORTION OF MT. VERNON DRIVE BETWEEN A SOUTHERN EXTENSION OF THE EAST PROPERTY LINE OF JANET DRIVE ADJACENT TO LOT 11, BLOCK 11, MT. VERNON SUB- DIVISION UNIT 3 TO THE SOUTHEAST CORNER OF LOT 11 AT THE PRESENT EAST END OF MT. VERNON DRIVE, SAVE AND EXCEPT A 10 -FOOT WIDE EASEMENT ON EACH SIDE OF THE PORTION OF MT. VERNON DRIVE BEING CLOSED, WHICH IS HEREBY RETAINED AND ESTABLISHED FOR UTILITY EASE- MENTS, SUBJECT TO THE CONSTRUCTION OF A USUAL TURN, DRIVEWAYS AND SIDEWALK SO AS TO ELIMINATE ALL EVIDENCE OF THE EXISTING STREET, ALL AT THE COST OF THE ABUTTING PROPERTY OWNER; AND DECLARING AN EMERGENCY. WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING CONCERNING THE CLOSING OF A PORTION OF MT. VERNON DRtVE WAS GIVEN BY PUBLICATION AND REGISTERED MAIL TO THE LAST KNOWN ADDRESSES OF THE OWNERS OF PROPERTY ABUTTING SAID PORTION OF MT. VERNON DRIVE AND WITHIN 450 FEET OF THE AREA TO BE CLOSED, AND THEREAFTER, PURSUANT TO SAID NOTICE, PUBLIC HEARING WAS HELD AT REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON MARCH 26, 1969, IN ACCORDANCE WITH THE PROVI- SIGNS OF THE CITY CHARTER; AND WHEREAS, IT WAS DETERMINED BY THE CITY COUNCIL AFTER SUCH HEARING THAT THE PORTION OF MT. VERNON DRIVE LYING SOUTHEAST OF JANET DRIVE, WHERE IT INTERSECTS WITH MT. VERNON DRIVE, AND NORTHEAST OF LOT 11, BLOCK 11, MT. VERNON SUBDIVISION UNIT #3, IS NOT NOW NEEDED FOR STREET PURPOSES (BUT WILL BE NEEDED FOR UTILITY PURPOSES) NOR WILL IT BE WITHIN THE FORESEEABLE FUTURE NEEDED AS A PUBLIC STREET; AND WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF THE CITY TO ABANDON THE SAID PORTION OF MT. VERNON DRIVE *FOR STREET PURPOSES SO THAT THE SAME MAY BE USED BY THE ABUTTING PROPERTY OWNERS FOR OTHER PURPOSES; PROVIDED, HOWEVER, THAT THE CITY COUNCIL HAS DETERMINED TO RETAIN A 10-FOOT EASEMENT ON EACH SIDE OF THAT PORTION OF MT. VERNON DRIVE WHICH IS HEREBY DECLARED CLOSED, SUBJECT TO THE CONSTRUCTION OF A USUAL TURN, DRIVEWAYS AND SIDEWALK SO AS TO ELIMINATE ALL EVIDENCE OF THE EXISTING STREET, ALL TO BE PERFORMED AT THE EXPENSE OF THE ABUTTING PROPERTY OWNER; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 9393 SECTION 1• THAT THAT PORTION OF MT. VERNON DRIVE ADJACENT TO LOT 11, BLOCK 11, MT. VERNON SUBDIVISION UNIT #3, AT THE PRESENT EAST END OF MT.VERNON DRIVE (AS SHOWN ON EXHIBIT #1 ATTACHED HERETO AND MADE A PART HEREOF) BE, AND THE SAME IS HEREBYI CLOSED FOR PUBLIC STREET USE AND ABANDONED TO THE OWNERS OF THE ABUTTING PROPERTY] HOWEVER, THE CITY COUNCIL HAS DETERMINED TO RETAIN A 10 -FOOT UTILITY EASEMENT ON EACH SIDE OF THAT PORTION OF MT. VERNON DRIVE WHICH IS HEREBY DECLARED CLOSED SUBJECT TO THE CONSTRUCTION, AT THE EXPENSE OF THE ABUTTING PROPERTY OWNERS OF A USUAL TURN, DRIVEWAYS AND SIDEWALK SO AS TO ELIMINATE ALL EVIDENCE OF THE EXISTING STREET. SAID PORTION OF MT. VERNON DRIVE WHICH IS HEREBY CLOSED AND ABANDONED IS MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEING A PORTION OF MT. VERNON DRIVE AS SHOWN BY MAP OR PLAT OF MT. VERNON SUBDIVISION, UNIT 3, RECORDED IN VOLUME 19, PAGE 84, NUECES COUNTY, TEXAS MAP RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 11, BLOCK 11, OF SAID MT. VERNON SUBDIVISION, UNIT 3, FOR THE MOST EASTERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 290 001 3011 W. WITH THE SOUTHEAST BOUNDARY OF SAID SUBDIVISION A DISTANCE OF 50.00 FEET TO A POINT FOR THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE N. 60' 571 3011 W• WITH THE SOUTHWEST RIGHT OF WAY LINE OF SAID MT. VERNON DRIVE, A DISTANCE OF 131.42 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE IN AN EASTERLY AND A NORTHERLY DIRECTION WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 135° 011, AND WHOSE RADIUS IS 34.59 FEETI A DISTANCE OF 81.51 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CURVE TD THE LEFT WHOSE CENTRAL ANGLE IS 44° 591, AND WHOSE RADIUS IS 30.91 FEET, A DISTANCE OF 24.27 FEET TO THE POINT OF TANGENCY OF SAID CURVE FOR A CORNER OF THIS TRACT; THENCE S. 60° 571 3011 E. WITH THE SOUTHWEST BOUNDARY OF SAID LOT 11, A DISTANCE OF 85.11 FEET TO THE PLACE OF BEGINNING; CONTAINING 5148.35 SQUARE FEET OF LAND MORE OR LESS. THE UTILITY EASEMENT BEING RETAINED ON THE NORTH SIDE OF THAT PORTION OF MT. VERNON DRIVE WHICH IS HERE BEING CLOSED IS MORE FULLY DESCRIBED AS FOLLOWS: BEING A 10.0 FOOT WIDE BY APPROXIMATELY 100.0 FOOT LONG STRIP OF LAND OUT OF A PORTION OF MT. VERNON DRIVE AS SHOWN BY MAP OF RECORD IN VOLUME 1% PAGE 84, NUECES COUNTY, TEXAS, MAP RECORDS, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: -2- BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 11, BLOCK 11, OF SAID MT. VERNON SUBDIVISION, UNIT 3, FOR THE MOST EASTERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 29° 00' 30" W- WITH THE SOUTHEAST BOUNDARY LINE OF SAID MT- VERNON SUBDIVISION, A DISTANCE OF 10.0 FEET TO A POINT FOR THE MOST SOUTHERLY CORNER OF THIS TRACT; THENCE N. 60° 57' 30" W WITH A LINE THAT IS 10.0 FEET SOUTHWEST OF AND PARALLEL TO THE SOUTHWEST BOUNDARY LINE OF SAID LOT 11, A DISTANCE OF 97.26 FEET TO A POINT IN THE ARC OF A CURVE FOR A CORNER OF THIS TRACT; THENCE IN A NORTHERLY DIRECTION WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 36° 00' 06" AND WHOSE RADIUS IS 34.59 FEET, A DISTANCE OF 21.73 FEET TO A POINT FOR A CORNER; THENCE IN A SOUTHERLY DIRECTION WITH THE ARC OF A CURVE TO THE LEFT, WHOSE CENTRAL ANGLE IS 44* 591, AND WHOSE RADIUS IS 30.91 FEET, A DISTANCE OF 24.27 FEET TO THE POINT OF TANGENCY OF SAID CURVE FOR A CORNER OF THIS TRACT; THENCE S- 60° 57' 30" E. WITH THE SOUTHWEST BOUNDARY OF SAID LOT 11, A DISTANCE OF 85.11 FEET TO THE PLACE OF BEGINNING; CONTAINING 990.0 SQUARE FEET OF LAND MORE OR LESS. THE UTILITY EASEMENT BEING RETAINED ON THE SOUTH SIDE OF THAT PORTION OF MT. VERNON DRIVE WHICH IS HERE BEING CLOSED IS MORE FULLY DESCRIBED AS FOLLOWS: BEING A 10.0 FOOT WIDE BY APPROXIMATELY 110.0 FOOT LONG STRIP OF LAND OUT OF A PORTION OF MT. VERNON DRIVE, AS SHOWN BY MAP OF RECORD IN VOLUME 19, PAGE 84, NUECES COUNTY TEXAS MAP RECORDS, SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF MT. VERNON SUBDIVISION, UNIT 3, SAID POINT BEING IN THE SOUTHWEST RIGHT OF WAY LINE OF SAID MT. VERNON DRIVE FOR THE MOST SOUTHERLY AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 60° 57' 30" W. WITH THE SOUTHWEST RIGHT OF WAY LINE OF SAID MT. VERNON DRIVE, A DISTANCE OF 131.42 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE IN AN EASTERLY DIRECTION WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 440 41' 3011, AND WHOSE RADIUS IS 34.59 FEET, A DISTANCE OF 26.95 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S. 60° 57' 30° E. WITH A LINE THAT-IS 10.0 FEET NORTHEAST OF AND PARALLEL TO THE SOUTHWEST RIGHT OF WAY OF SAID MT. VERNON DRIVE, A DISTANCE OF 107.09 FEET TO,A POINT IN THE SOUTHEAST BOUNDARY LINE OF SAID MT. VERNON SUBDIVISION FOR A CORNER OF THIS TRACT THENCE S. 29° 00' 30^ W- WITH THE SOUTHEAST BOUNDARY LINE OF SAID MT. VERNON SUBDIVISION, A DISTANCE OF 10.0 FEET TO THE PLACE OF BEGINNING; CONTAINING 1140.0 SQUARE FEET OF LAND MORE OR LESS. -3- SECTION 2. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULQ BE BETTER SERVED BY THE CLOSING OF THE SAID STREET CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC 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 MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE 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 IS ACCORDINGLY SO ORDAINED, THIS THE fftJDAY OF JUNE, 1969. , ATTEST• CITY ECRETA Y R THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 11T DAY OF JUN , t969: ASST. ITY AT NEY 3 A�o c/v �io5�1 rstacJ drsu�rcl�� i Corpus Christi, Texas Z&4-day of o 196 TO THE WNBERS 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, OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by thel-following vote: Jack R. Blackmon Gabe Lozano, Sr. C21 _ I/ V. A. "Dick"Bradley, Jr. L�c.[st_ Eduardo E. de Ases Q Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore