HomeMy WebLinkAbout10571 ORD - 11/17/197111- 17- 71_JICH
AN ORDINANCE
CLOSING A PORTION OF BOCA RATON STREET, LOCATED IN
COUNTRY CLUB ESTATES, UNIT 9 -A, MORE FULLY DESCRIBED
HEREINAFTER BY METES AND BOUNDS, SITUATED IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; RESERVING THE
NECESSARY EASEMENTS FOR EXISTING UTILITIES; CONDITIONING
THE CLOSING ON THE APPLICANT'S PERFORMANCE OF CERTAIN
INSTALLATION OR RELOCATION,ALL AS MORE FULLY SET FORTH
HEREINAFTER; AND DECLARING AN EMERGENCY.
WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING CON-
CERNING THE CLOSING OF A PORTION OF BOCA RATON STREET, LOCATED IN COUNTRY
CLUB ESTATES, UNIT 9 -A, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, :WAS GIVEN BY PUBLICATION AND
REGISTERED MAIL TO THE LAST KNOWN ADDRESSES OF THE OWN'E'RS OF PROPERTY
ABUTTING SAID PORTION OF BOCA RATON STREET AND WITHIN 450 FEET OF THE AREA
i
w1 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 WEDNESDAY, NOVEMBER 10, 1971, IN ACCORDANCE WITH THE PROVISIONS OF THE
CITY CHARTER; AND
WHEREAS, IT WAS DETERMINED BY THE CITY COUNCIL AFTER SUCH HEARING
THAT IT WOULD BEST SERVE THE PUBLIC CONVENIENCE AND NECESSITY TO CLOSE
SAID PORTION OF SAID STREET AS THAT PORTION OF THE STREET IS NOT NOW
NEEDED FOR STREET PURPOSES BUT WILL BE NEEDED FOR UTILITY PURPOSES),NOR
WILL IT, WITHIN THE FORESEEABLE FUTURE BE NEEDED AS A PUBLIC STREET; AND
WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF
THE CITY TO CLOSE THE PORTION OF BOCA RATON STREET HEREINAFTER DESCRIBED
SO THAT THE SAME MAY BE USED BY THE ABUTTING PROPERTY OWNERS FOR OTHER
PURPOSES; HOWEVER, THE CITY COUNCIL HAS DETERMINED THAT IT IS NECESSARY TO
RETAIN EASEMENTS FOR ALL EXISTING UTILITIES:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE HEREINAFTER DESCRIBED PORTION OF BOCA RATON
STREET, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COLINTY, TEXAS, IS
HEREBY CLOSED FOR PUBLIC USE AND ABANDONED TO THE APPLICANT AND OWNER OF
ABUTTING PROPERTY, SUBJECT TO THE HEREINAFTER PROVIDED CONDITIONS AND
RESTRICTIONS:
10571
BEING A PORTION OF THE RIGHT -OF -WAY OF BOCA RATON
DRIVE PROPOSED TO BE CLOSED AND SHOWN BY MAP OF
COUNTRY CLUB ESTATES UNIT 9 -A RECORDED IN VOLUME 32,
PAGE 144 OF THE MAP RECORDS OF NUECES COUNTY TEXAS;
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY
LINE OF BOCA RATON DRIVE AND THE WESTERLY BOUNDARY LINE OF
COUNTRY CLUB ESTATES UNIT 9 -A FOR THE MOST SOUTHERLY CORNER
AND POINT OF BEGINNING OF THIS TRACT;
THENCE CROSSING THE RIGHT -OF -WAY OF BOCA RATON DRIVE
N. 19° 021 38" W. 50 FEET TO A POINT IN THE NORTHERLY
RIGHT -OF -WAY LINE OF BOCA RATON DRIVE FOR THE MOST
WESTERLY CORNER OF THIS TRACT;
THENCE IN AN EASTERLY DIRECTION WITH SAID RIGHT -OF -WAY
LINE, A CIRCULAR CURVE TO THE RIGHT WHOSE RADIUS CENTER
BEARS S. 19° 02' 35" E., SAID CURVE HAVING A CENTRAL ANGLE _
31 49, 11 ", RADIUS = 440 FEET, TANGENT = 14.66 FEET, FOR
AN ARC DISTANCE OF 29.31 FEET TO THE POINT OF REVERSE CURVE
OF A CIRCULAR CURVE TO THE LEFT;
THENCE WITH SAID CURVE HAVING A CENTRAL ANGLE = 90 °1 RADIUS =
10 FEET FOR AN ARC DISTANCE OF 15.71 FEET TO THE WESTERLY
RIGHT -OF -WAY LINE OF PEBBLE BEACH DRIVE FOR THE MOST NORTHERLY
CORNER OF THIS TRACT;
THENCE IN AN EASTERLY DIRECTION WITH THE PROPOSED EXTENSION
OF SAID RIGHT -OF -WAY LINES A C'I'RCULAR CURVE TO THE LEFT
WHOSE RADIUS CENTER BEARS N. 74° 46' 33" E., AND WHOSE
CENTRAL ANGLE = 90 *, RADIUS = 60 FEET, FOR AN ARC DISTANCE
OF 94.25 FEET TO THE INTERSECTION THE SOUTHERLY RIGHT -OF -WAY
LINE OF BOCA RATON DRIVE FOR THE MOST EASTERLY CORNER OF
THIS TRACT;
THENCE WITH SAID RIGHT -OF -WAY LINE S. 74' 46' 33" W 70
FEET TO THE POINT OF CURVE OF A CIRCULAR.CURVE TO THE LEFT;
THENCE VITH SAID CURVE HAVING A CENTRAL ANGLE = 3° 491 11 ",
RADIUS 390 FEET, TANGENT = 13 FEET, FOR AN ARC DISTANCE OF
26 FEET TO THE POINT OF BEGINNING.
SECTION 2. SAID CLOSING WILL NOT BE EFFECTIVE UNTIL APPLICANT
PERFORMS, OR CAUSES TO BE PERFORMED, THE FOLLOWING:
1. THE 6^ WATER MAIN THAT EXTENDS INTO THE STREET CLOSING
SHALL BE ABANDONED OR VALVED OFF;
2. THE 21° STORM SEWER RUNNING FROM THE CATCH BASIN ON
PEBBLE BEACH DRIVE TO THE EDGE OF BOCA RATON IN THE
ABANDONED STREET SECTION SHALL BE ABANDONED AND PLUGGED;
AND
3. AN INTEGRAL CURB AND GUTTER SECTION WITH PROPER DRAINAGE
SHALL BE INSTALLED TYING THE CURB AND GUTTER AND PAVEMENT
ON BOCA RATON TO THE CURB•AND GUTTER ON PEBBLE BEACH.
THERE IS HEREBY RESERVED TO THE CITY OF CORPUS CHRISTI AN EASEMENT FOR ALL
-2-
UTILITIES IN THE FULL WIDTH OF THE RIGHT OF WAY OF THE SAID STREET, AND THIS
CLOSURE IS CONDITIONED ON SUCH RESERVATION BEING EFFECTED AND PRESERVED.
IN THE EVENT ANY RESERVATION OF EASEMENT HEREIN MADE BY THIS
CLOSING IS NULLIFIED, INVALIDATED OR REVOKED BY ANY LEGAL AUTHORITY OR BY
FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, THIS CLOSURE IS THEREBY
VOIDED TO THE EXTENT OF SUCH REVOCATION OR INVALIDATION OF EASEMENT.
SECTION 3. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY
WOULD BE BETTER SERVED BY THE CLOSING OF THE AFORESAID PORTION OF BOCA
RATON 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
ATTEST:
CITY ECR TA(�
APPROVED: l/
DAY OF NOVEMBER, 1971:
5 CIATTORNEY-
P,
J DAY OF NOVEMBER, 1971.
THE CITY F C P S CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
DAY OF �i9 71
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 15 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.
LY,
O // !
THE CITY OF CORKJI CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE `
CHARLES A. BONNIWELL i
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH .�
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BONNIE SIZEMORE -_a--kcj_
CHARLES A. BONNIWE LL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH - -L
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK RY�