HomeMy WebLinkAbout11261 ORD - 01/17/1973JRR /Mc 1/16/73 1sT
AN ORDINANCE
ABANDONING A 25 -FOOT EASEMENT CONTIGUOUS WITH THE SOUTH-
EAST BOUNDARY LINE OF LOT 1, W. B. RAY HEIGHTS UNIT 3,
HEREINAFTER MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS; REPEALING ORDINANCE NO. 11076 DATED 9/13/72;
PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY.
WHEREAS, THERE EXISTS A 25 -FOOT EASEMENT CONTIGUOUS WITH THE
SOUTHEAST BOUNDARY LINE OF LOT 1, W. B. RAY HEIGHTS UNIT 3, HEREINAFTER
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, IN NUECES COUNTY, TEXAS;
AND
WHEREAS, THE AFORESAID EASEMENT IS NOT NOW NEEDED BY THE CITY,
NOR WILL IT WITHIN THE FORESEEABLE FUTURE BE NEEDED BY THE CITY OF CORPUS
CHRISTI FOR ANY PURPOSE WHATSOEVER; AND
WHEREAS, IT HAS BEEN DETERMINED THAT IT IS TO THE ADVANTAGE OF THE
CITY TO ABANDON THE EASEMENT HEREINABOVE DESCRIBED SO THAT THE SAME MAY BE
USED BY THE OWNERS OF THE ABUTTING PROPERTY FOR OTHER PURPOSES AND INCREMENT
THE VALUES OF THE CITY'S AD VALOREM TAX ROLLS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE 25 -FOOT EASEMENT CONTIGUOUS WITH THE SOUTHEAST
BOUNDARY LINE OF LOT 1, W. B. RAY HEIGHTS UNIT 3, IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, BE, AND THE SAME IS HEREBY, CLOSED AND ABANDONED
FOR PUBLIC USE AND EVERY MUNICIPAL PURPOSE AND ABANDONED TO THE OWNERS OF
THE ABUTTING PROPERTY, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND
FOR THE SERVICE AND INTEREST OF THE INHABITANTS OF THE CITY OF CORPUS CHRISTI,
SAID EASEMENT BEING DESCRIBED AS FOLLOWS:
FIELDNOTES FOR A 5 FOOT WIDE UTILITY EASEMENT CONTIGUOUS
WITH THE SOUTHEAST BOUNDARY LINE OF LOT 1, W. B. RAY
HEIGHTS UNIT 3 AS SHOWN BY MAP FILED IN VOLUME 38, PAGE
120 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND A
20 FOOT WIDE EASEMENT CONTIGUOUS WITH THE NORTHWEST
BOUNDARY OF LOT 7, W. B. RAY HEIGHTS UNIT 2, AS SHOWN
BY MAP FILED IN VOLUME 21, PAGE 11 OF SAID MAP RECORDS:
BEGINNING AT THE NORTH OR NORTHWEST CORNER OF LOT 7, W. B.
RAY HEIGHTS UNIT 2 FOR A POINT IN THE NORTHEAST BOUNDARY
LINE OF THIS TRACT AND THE POINT OF BEGINNING;
THENCE WITH THE SOUTHWEST RIGHT -OF -WAY LINE OF SOUTH
STAPLES STREET S. 31° E. 20.61' TO THE NORTHEAST CORNER
OF THIS TRACT;
11261
• JRR /Mc 1/16/73 1ST •
THENCE PARALLEL WITH AND 20' NORMAL TO THE NORTHWEST
BOUNDARY LINE OF SAID LOT 7, S. 45° W. 179.40' TO THE
SOUTHEAST CORNER OF THIS TRACT, THE INTERSECTION OF
AN EXISTING 201 WIDE EASEMENT FOR UTILITIES;
THENCE N. 7° 38, 19" W. AT 25.16 FEET PASS THE NORTH-
WEST BOUNDARY LINE OF SAID LOT 7 IN ALL 31.45' TO THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE PARALLEL WITH AND 5' NORMAL TO THE SOUTHEAST
BOUNDARY LINE OF SAID LOT 1, W. B. RAY HEIGHTS UNIT
3 N. 45° E. 166.53' TO THE SOUTHWEST RIGHT -OF -WAY LINE
OF SOUTH STAPLES STREET FOR THE NORTHWEST CORNER OF
THIS TRACT;
THENCE WITH SAID RIGHT -OF -WAY LINE S. 31° E. 5.15' TO
THE POINT OF BEGINNING.
SECTION 2. THAT ORDINANCE NO. 11076 DATED SEPTEMBER 13, 1972
BE, AND THE SAME IS HEREBY, REPEALED IN ITS ENTIRETY.
SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE, WORD, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID
OR UNCONSTITUTIONAL BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION
IT SHALL NOT AFFECT ANY OTHER SECTION, PARAGRAPH, SUBDIVISION, CLAUSE,
PHRASE, WORD, OR PROVISION OF THIS ORDINANCE, FOR IT IS THE DEFINITE INTENT
OF THIS CITY COUNCIL THAT EVERY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE,
PHRASE, WORD OR PROVISION HEREOF BE GIVEN FULL FORCE AND EFFECT FOR ITS
PURPOSE.
SECTION 4. THE FACT THAT THE PUBLIC CONVENIENCE AND NECESSITY
WOULD BE BETTER SERVED BY THE CLOSING OF THE AFORESAID EASEMENT CREATES A
PUBLIC EMERGENCY AND 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 BUT 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
DAY OF JANUARY, 1973.
ATTEST• O
m
L
CITY SECRE ARY MAYOR
7 THE CITY OF CORP a HRISTI, TEXAS
APPRjjOVED:
��
DAY ,N�UAR�Y, 1973
CITY ATTORNEY cr
C'x . 1
CORPUS_O CHRISTI, TEXAS
DAY OF , 19
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; 1, 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. -
. - ULLY, -
MAYOR
THE CITY OF CORP HRISTI,. TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
. RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH _ '
THOMAS V. GONZALES IL -
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE -
- CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
'REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
- J. HOWARD STARK