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HomeMy WebLinkAbout13684 ORD - 03/02/1977AN ORDINANCE CLOSING THE 60 -FOOT RIGHT OF WAY LOCATED BETWEEN LOTS 15 AND 16, NUECES GARDENS NO. 1, SITUATED BETWEEN VIOLET ROAD AND LEONARD DRIVE NORTH OF STARLITE LANE, SUBJECT TO DEDICATION OF ALTERNATE RIGHT OF WAY BY REPLATTING AND SUBJECT TO MEETING THE DRAINAGE REQUIREMENTS FOR THE AREA AS REQUIRED BY THE ENGINEERING AND PHYSICAL DEVELOPMENT DEPART- MENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing of the 60 -foot right of way located between Lots 15 and 16, Nueces Gardens No. 1, situated between Violet Road and Leonard Drive north of Starlite Lane, in the City of Corpus Christi, Nueces County, Texas, was given by publication and mail to the last known addresses of the owners of property abutting the public way proposed 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 March 2, 1977, in accordance with the provisions of the City Charter; and WHEREAS, it was determined by the City Council after such hearing that the said public right of way hereinafter more fully described, proposed to be closed, is not needed now, nor will it be within the foreseeable future needed as public right of way; however, the closing is subject to dedication of alternate right of way by replatting and further subject to meeting the drainage requirements for the area as required by the Department of Engineering and Physical Development: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 60 -foot right of way, more particularly described hereinafter, between Lots 15 and 16, Nueces Gardens No. 1, situated between Violet Road and Leonard Drive north of Starlite Lane, in the City of Corpus Christi, Nueces County, Texas, be and the same is hereby closed for public use and abandoned to the abutting property owners, subject to dedication of alternate right of way by replatting and further subject to meeting the drainage requirements as required by the City's Department of Engineering and Physical Development. The said 60 -foot right of way is more particularly described as follows: MICROFILMfp 9.11684 ,IOL 0 7 1980 • Being a strip or parcel of land 60.0' wide and approxi- mately 1090.0' long out of Lots 15 and 16, Nueces Gardens No. 1, as of record in Book 10, Plat 22, of the Nueces County Plat Records, required for the opening and construc- ing of a County Road; said Lots 15 and 16 of said Nueces Gardens No. 1 Subdivision were conveyed by warranty deed from J. H. Hopson and wife, Mamie Hopson to L. W. Harris and wife, Myrtle Harris, dated January 9, 1951, which deed is of record in Volume 500, at page 580 of the Nueces County Deed Records; said strip or parcel of land being described in two tracts more particularly as follows, to -wit: TRACT NO. 1: Beginning at a point in the East right of way line of State FM -24 and the Northwest boundary line of Lot 16, Nueces Gardens No. 1 at the point of intersection of the common boundary line between Lots 15 and 16 of said Nueces Gardens No. 1; thence S. 45° 14' W. with the Northwest boundary line of Lot 16 a distance of 30.0'; thence S. 450 E. parallel to the common boundary line between Lots 15 and 16 a distance of 1055.0' more or less; to a point in the Northwest right of way line of a county road (Leonard Street); thence N. 45° 14' E. along and with said right of way line a distance of 30.0' to a point in the common boundary line between said Lots 15 and 16; thence N. 450 W. along and with said common boundary line between Lots 15 and 16, a distance of 1055.0 feet, more or less, to a point in the East right of way line of State Farm Road No. 24 which is the place of beginning of this description. TRACT NO. 2: Beginning at a point in the East right of way line of State FM -24 and the Northwest boundary line of Lot 15, Nueces Gardens No. 1 at the point of intersection with the common boundary line between Lots 15 and 16, Nueces Gardens No. 1 Subdivision; thence N. 450 14' E., along and with the East right of way line of State FM -24, a distance of 30.0 feet to a point in the East right of way line of said State FM -24; thence S. 450 E. parallel to the common boundary line between said Lots 15 and 16, a distance of 1055.0 feet, more or less, to a point in the Northwest right of way line of a County Road (Leonard Street); thence S. 45° 14' W., along and with said right of way line a distance of 30.0 feet, more or less, to a point in the common boundary line between said Lots 15 and 16, Nueces Gardens No. 1 Subdivision; thence N. 45° W. along and with said common boundary line between said Lots 15 and 16, a distance of 1055.0 feet, more or less, to a point in the East right of way line of said State Farm Road No. 24, which is the place of beginning of this description. The total amount of acreage included in the description of Tract No. 1 and Tract No. 2 is 1.453 acres of land, more or less. 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 WA • 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 3. The fact that the public convenience and necessity would be better served by the closing of the hereinabove described right of way 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 onthe 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_Ankday of March, 1977. ATTEST: TAd City Secretary MAYOR F(0:1= THE CITY OF CORPUS C ISTI, TEXAS APPROVED: 2nd DAY OF MARCH, 1977: J. B CE AYCOCK, ATTORNEY By Assistant LW Attorrio CORPU S CHRISTI, TEXAS IQ"( DAY OF C V y l 9 z 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, '-� 4--c-TA MAYOR Pro• flM THE CITY OF CORPUS 41STI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE 1113684 Cotmty of Naeces 4 The State of Texas Publisher's Affidavit BEFORE ME, the undersigned authority, on this day. personally appeared Santos de Is Paz, who on his oath stated: I am the Editor of LA VERDAD, a newspaper publisher in Nueces County, Texas. and know the facts stated in this affidavit. The above printed matter Is a tree and correct printed copy of the publication of the citation of which it purports to be a copy. as the same appeared in such newspaper fn the respective issues of 'L.LS� L`JL A. D. 197 - The charge of the publisher of such a spaper for such ��y�rtt —Zo publication being _ Dollars, /P Sent. de la Pas . Svscribed and sworn to before me by the °said Santos de is Pax, editor this -day of «� A.D. 1977— L ' P.M. b. wa«m C° County. Texas i1 (5)ct -at- Notice To he pa7blished In LA VERDAD February 25, 1871, NOTICE-OF PUBLIC HEARING WHEREAS; application having been filed with the City Council of the City of Corpus Christi, Texas, requesting the closing and abandon- ment of a parcel of land, herein - after"described- within the City of Corpus Christi, Texas; WHEREAS, the City Council at pregular meeting of the 10th day of February, 1877 did authorize -brlicatlon of notice of public hear- ing before the City Council to con- sider such closing and abandon- ment: , NOW, THEREFORE, NOTICE IS HEREBY GIVEN THE PUBLIC: That a public hearing on said application for the dosing and aban- donment of The &toot right of way be- tween Lots 16 and 16, Nueces Gardens No. 1 (Mul- holland Heights) running be- tween Violet Load and ieon- ord Drive north of Starlite Lane will be held by the City Council in the Council Chamber of the City Hall in the City of Corpus Cluis'ti, Texas, on the tad day of March; 1977. during the Regular Councilt Meeting convening at 2:00 o'clock, p.m., at which time and place all persons and parties and/or their agents interested in the abandon- ment of said property may appear and be heard by the said City Council. 7� GIVEN IRMER MY HAND AND of the City of Corpus sari, this 17th day of February, 1977. (S) Bill G. Read Bill G. Read, C1ty'Secretary City of Corpus Christi, Texas