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HomeMy WebLinkAbout13530 ORD - 12/15/1976ikh:12 -8 -76; lst AN ORDINANCE CLOSING THAT PORTION OF OLD BROWNSVILLE ROAD BETWEEN HIAWATHA STREET AND MORGAN AVENUE ABUTTING LOTS 1 -A AND 1 -B AND A PORTION OF LOT 2, AND THE ALLEY BETWEEN LOTS 1 -B AND 2 AND THAT PORTION OF THE ISLAND BETWEEN OLD BROWNSVILLE ROAD AND MORGAN AVENUE, SUBJECT TO RETENTION OF UTILITY AND DRAINAGE EASEMENTS AS MORE FULLY DESCRIBED HEREINAFTER; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing con- cerning the closing of a portion of Old Brownsville Road, between Hiawatha Street and Morgan Avenue, abutting Lots 1 -A and 1B and a portion of Lot 2, and the alley between Lots I -B and 2, Airport Park Subdivision No. 2, and that portion of the island between Old Brownsville Road and Morgan Avenue, was given by publication and mailed to the last known address of the owners of property abutting said streets and within 450 feet of the area to be closed and thereafter, pursuant to said notice, public hearing was held at Regular Council Meeting of the City Council of the City of Corpus Christi on Wednesday, November 17, 1976, 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 the portion of'Old Brownsville Road and that portion of the island between Old Brownsville Road and Morgan Avenue and the alley between Lots 1 -8 and 2, all as more fully set forth hereinafter, for use as public streets or alleys, and that same should revert to the abutting property owners, as shown on Exhibit "A" attached hereto, subject to retention of utility and drainage easements as more fully set forth hereinafter: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That that portion of Old Brownsville Road between Hiawatha and Morgan Avenue abutting Lots 1 -A and 1 -B and a portion of Lot 2, more partic- ularly described as follows be and the same is hereby closed for use as a public street and shall revert to the abutting property owners, as shown on Exhibit "A ", attached hereto, subject to retention by the City of the entire portion of Old Brownsville Road hereby closed for use as a utility easement: MICROFILMED JUN 3 0 1980 13530 BEING 8,472.0 square feet of land out of a portion of the right -of- way of Old Brownsville Road lying north of and adjacent to Lot 1, Airport Park Subdivision No. 2, as shown by map of record in Volume 8, Page 45, Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: BEUUNNING at a point, the most westerly corner of said Lot 1, for the southwest and beginning corner of the tract herein described; Tlli'tlt:E N. 37°51' W., with the northwesterly extension of the south - we:;L Use of said Lot 1, a distance of 13.40 feet, to a point for the most westerly corner of the tract herein described; TIII:tICK in a northerly direction with the arc of a curve to the left whose central angle is 36025'20 ", radius is 100 -00 feet, as arc d10 once of 63.57 feet, to a point, the P.C.•of said curve from whence the radius point bears S. 75043'40" W., 100.00 feet, for the northwest corner of the tract herein described; , 'Pill {NCG N. 52009' E., with the north right -of -way line of said Old p nrwusville Road, a distance of 49.58 feet to a point in the south rtglrt -of -way line of 80 -foot wide Morgan Avenue for a corner of tract herein described; - TIIIttICC N. 71032' E., with the south right-of-way line of said Morgan Avenue, a distance of 65.46 feet to a point, the P.C. of a. curve. for a turner of the tract herein described; TIIEtICE in a southeasterly and southerly direction with the arc of a curve to the right whose central angle is 106037'00 ", radius is 51.06 feet, an arc distance of 95.01 feet to a point the P.T. of said curve in the west right -of -way line of 50.72 -foot wide Virginia Avenue for the most easterly corner of the tract herein described; TIIENCE in a northwesterly and westerly direction with the are of a curve of said Lot 1, whose central angle is 126005'20 ", � radius is 25.0 feet an arc distance of 55.12 feet to the P.T. of said curve for it corner of this tract; TtI1:ticr s. 52009' W., with the southeast right -o£ -way line of Old Brownsville Road, the northwest line of said Lot 1, a distance of 157.0.E feet to the point of beginning, CONTAINING 8,472.0 square feet of land more or less. That the following described parcel or tract will revert to the abutting property owner of Lot 1 -B, Airport Park Subdivision No. 2 (see Exh. "B "): r BEING 4781.0 square feet of land out of a portion of Old Browns- ville Road north of and adjacent to the southwest 93 feet of Lot 1, Airport Park Subdivision No. 2, as shown by map of record in Volume 8, Page 45, Nueces County, Texas Map Records, and a small triangular tract of land out of the L. M. Hitchcock 193.4 acre tract in Nueces County, Texas, said 4781.0 square foot tract of land being more particularly described by metes and bounds as follows: BE(411NING at a point, the most westerly corner of said Lot 1, for the southwest and beginning corner of the tract herein described; TtKrICC N.37051'W., with the northwesterly extension of the south - we0t line of said Lot 1, a distance of 13.40 feet to a point for tlrr! most westerly corner of the tract herein described; -2- WENCE in a northerly direction with the arc of a curve to the left whose central angle is 40037'00 ", radius is 100.00 feet, an are distance of 70.89 feet to the P.T. of said curve for a`corner of this tract from whence the radius point of said curve bears S.710321W., 100.00 feet; T11KNCF. N.18028'E., a distance of 9.20 feet to a point in the smith right -of -way line of 80 foot wide Morgan Avenue for the uurthwest corner of the tract herein described; THENCE N.71032'E., with the south right -of -way line of said Morgan Avenue, a distance of 48.44 feet to a point for the most northerly corner of the tract herein described; THRICE S.37051'E., across the existing Old Brownsville Road right - of -wary, a distance of 59.37 feet to a point in the southeast right -of -way line of said Old Brownsville Road, and in the most northerly corner of a tract of land now or formerly in the name of N. J. Bowen for the southeast corner of the tract herein described; THENCE S.520091W., with the southeast rigbt -of -way line of said Old Brownsville Road, a distance of 93.0 feet to the point of beginning. CoNrAINING 4781.0 square ,feet of land more or less. That the following described parcel or tract will revert to the, abutting property owner of Lot 1 -A, Airport Park Subdivision No. 2 (see Exh. "B "): BEING 4075.8 square feet of land out of a portion of the Old Brownsville Road right -of -way that is north of and adjacent to the northeast 64 plus feet of Lot 1, Airport Park Subdivision No. 2, as shown by map of record in Volume 8, Page 45, Nueces County, Texas, Map Records, said 4075.8 square feet of land being more particularly described by metes and bounds as follows: BLGINVING at a point in the southeast right -of -way line of 60 foot wide Old Brownsville Road, said point being N. 520091E., 93.0 .Feet from the most westerly corner of said Lot 1, and in the most westerly corner of a tract of land now or formerly in the name of Bowen, Bonham and Harms for the southwest corner of the tract herein described; TI1C.UrE, N. 37o5l'E., across the existing Old Brownsville Road right -of -way, a distance of 59.37 feet to a point in the south right -of -way line of 80 foot wide Morgan Avenue for the northwest corner of the tract herein described; TilliUGE. N. 71032'E., with the south right -of -way line of said Morgan Avenue, a distance of 65.46 feet to a point the P.C. of a curve to the right for a corner of the tract herein described; T11FNCF in a southeasterly and southerly direction, with the are of Maid curve to the right whose central angle is 106037'0011, whose radius is 51.06 feet, an arc distance of 95.01 feet to a pobit in the west right -of -way line of Virginia Avenue, the P.T. of said curve for the most easterly corner of the tract herein described; -3- THENCE in a northerly and northwesterly direction with the arc of a curve to the left whose central angle is 126005'20 ", whose radius is 25.0 feet, an arc distance of 55.12 feet to a point, the P.T. of said curve in the northwest line of said Lot 1, for a corner of the tract herein described; THENCE S.52009'W., with the northwest line of said Lot 1, a dis- tance of 64.01 feet to the point of beginning. CONTAINING 4075.8 square feet of land more or less. The aforesaid tract or parcel is a portion of the island between Old Brownsville Road and Morgan Avenue and is hereby closed to the public for use as a public street. That the following described parcel or tract of land is an alley between Lots 1 -B and 2, Airport Park Subdivision No. 2, and is more particularly described as follows, and the same is hereby closed to the public: Beginning at a point on the southeast right of way line of Old Brownsville Road, said point being the most northerly corner of Lot 2, Airport Park Subdivision as shown by map . of record in Volume 8, page 45, Map Records, Nueces County, Texas, for the beginning corner of the tract of land herein described; Thence N. 52° 13' 30" E. along the intersection line of Old Brownsville Road right of way and an alley as shown by abovementioned map of record, a distance of 20.0 feet to a point which is the southwest corner of Lot 1 -B, Airport Park Subdivision No. 2, as shown by map of record in Vol. 36, page 138, Map Records, Nueces County, Texas; i Thence S. 37° 47' 30" E. along the northeast boundary line of said alley a distance of 104.83 feet to a point which is the most southerly corner of said lot 1 -B; Thence S. 25° 16' 18" W. across said alley a distance of 22.44 feet to a point which is the northeast corner of said Lot 2; Thence N. 37° 46' 30" W. along the southwest boundary 'line of said alley a distance of 115.0 feet to the place of beginning and containing 2,198.30 square feet, more or less. The said tract or parcel shall revert to the abutting property owners. SECTION 2. 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. -4- SECTION 3. That the fact that the public convenience and necessity would be better served by the closing of the aforesaid streets and portion of alley, within the limits defined, creates a public emergency and an impera- tive 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 that such emergency and necessit y 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 J�dv-day of December, 1976. ATTEST: CRY Secretary, APPROVED: 8th DAY OF DECEMBER, 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit ttorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 12 a ,1 POINT OF nairiu -- X i131 FORMER HIAWATHA 12 STREET R.O.W. 15 TO + 4-V' NER U FORMER OLD ROAD R. 0. W. CORPUS CHRISTI, TEXAS ,� DAY 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, MAYOR E CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JA30N LUBY DR. BILL TIPTON EDUARDO DE ASE3 RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EOUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE