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Home My WebLink About14564 ORD - 10/18/1978• jkh:10- 10- 78;1st s J AN ORDINANCE CLOSING THE PORTION OF BAYMOOR BOULEVARD LYING BETWEEN LOTS 218 AND 219 OF BAYMOOR ADDITION AND FROM EBONY STREET TO THE DEADEND AT THE SOUTHWESTERN REFINING COMPANY'S PROPERTY, SUBJECT TO ALTERNATE FIRE LANE BEING DEDICATED BY THE OWNERS, SOUTHWESTERN REFINING COMPANY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a public hearing concerning the closing of the portion of Baymoor Boulevard lying between Lots 218 and 219, Baymoor Addition, and from Ebony Street to the deadend at the Southwestern Refining Company's property, situated in the City of Corpus Christi, Nueces County, Texas, was given by publication and ' mail to the last known addresses of the owners of abutting property pro- posed to be closed and within 450 feet of the area to be closed, and there- after, pursuant to said notice, public hearing was held at Regular Council Meeting by the City Council of the City of Corpus Christi on September 27, 1978, in accordance with the provisions of the City Charter; and WHEREAS, it has been determined by the City Council after such hearing that the portion of Baymoor Boulevard hereinabove described, proposed to be closed is not needed now, nor will it be within the foreseeable future needed as a public street: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the portion of Baymoor Boulevard lying between Lots 218 and 219, Baymoor Addition, and from Ebony Street to the deadend at the Southwestern Refining Company's property, situated 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, however,, to dedication by the owners, Southwestern Refining Company, of an alternate fire lane. 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 0 81980 14564: r _ 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 portion of Baymoor Boulevard, subject to dedication of an alternate fire lane, 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 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__J_Rday of October, 1978. ATTEST: �/ /Y• / /lOnn� city Secretary APPROVED: 10th DAY OF OCTOBER, 1978: J. BRUCE AYCOCK, CITY ATTORNEY I% By 1 As /si�s(ta�nt C y ttorney THE CiTY OF CAPUSCiRISTI, TEXAS e 14. Corpus Christi, Tex _day of , 19 %d 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, The Charter rule was suspended Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample CITY OFL -COWS CHRISTI, TEXAS The above ordinance was passed by a following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample -a'rl' 14564 r �'t PEED RECORDS 17'7'723 voi 173"I VAGE 722 R! 637 iphU 874 FIRELANE DEDICATION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES § THAT,, -SOUTHWESTERN REFINING COMPANY, INC., a Delaware corporation (hereinafter called "Southwestern "), hereby grants and dedicates to the City of Corpus Christi, Texas (hereinafter called the "City "), an easement to be used by the City as a firelane for the sole and exclusive purpose of providing access to the refinery facilities of Southwestern by firefighting personnel and equipment owned, operated and /or supervised by the City, over and across the following described property located in the City of Corpus Christi, Nueces County, Texas, to -wit: Lot-No. Two Hundred Twenty -nine (229) of the Baymoor Addition to the City of Corpus Christi, Nueces County, Texas, according to a map or plat thereof recorded in Volume 4, at Page 42, of the Map Records of Nueces County, Texas. Southwestern shall have the right +,'to fully use and enjoy , _ -...- -theL- above_ described property,. subject to the rights herein , granted to the City. Southwestern agrees not to build, create or construct, nor permit to be built, created or ton- structed, any obstruction, building or other structure on or over the above described property. Southwestern shall keep and maintain the above described property free and clear of brush, vegetation and debris at all times. TO HAVE AND TO HOLD said easement unto the City forever. The provisions of this firelane dedication shall be covenants running with the land and shall be binding upon and inure to the benefit of the City and Southwestern, their respective successors and assigns. t ")"IYXECUTED this 8th day of April 1980. rt, SOUTHWESTERN REFINING COMPANY, INC. T Bye Executive Vice- , President �yy G/ H. R. Sage `a �G1L637 jyg.875 THE STATE OF § COUNTY OF § BEFORE ME , the undersigned authority, on this day per - H. R. sager, Executive Vice- President per- sonally appeared g ' of SOUTHWESTERN REFINING COMPANY, INC., a corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act of the said corporation, for the purposes and consideration therein expressed and in the capacity therein stated. _ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 8th_ day of April 1980. Commission Expires: 5 -22 -81 a [ATE OF TEXAS COONTY OF NUECES I hereby certify that this instrument was FILED On the date and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS of Nueces Cutely, Texas, as damped hareon by me, on �JAPR 25 1980 0 '00 COUNTY CLERK, NUECES COUNTY. TEXAS 0 lit d' 0 Yo xx Y _�zb � x Q _ c5 M 0 CQ W N >. J C u_ tiL DEED RECORDS -2 VOU737PAGE U J� Q