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HomeMy WebLinkAbout03277 ORD - 06/03/1952MAY 28, 1952 AN ORDINAL CLOSING THAT AREA OF DENVER STREET BOUNDED ON THE SOUTH BY A LINE PARAL E LTO AND ONE HUNDRED FEET FROM THE NORTH BOUNDARY LINE OF ROSSITER STREET AND BOUNDED ON THE EAST BY THE WEST BOUNDARY LINE OF OCEAN DRIVE SUBJECT TO CERTAIN BUILDING RESTRIC- T[ONS;SAVE AND EXCEPT THAT CERTAIN UTILITY EASEMENT RETAINED BY THE CITY, ALL AS -MORE PART CULARLY DESCRIB- ED HEREIN; ORDERING AND DIRECTING THE RETURN OF SUCH VACATED AREA TO THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. ,WHEREAS, THE CITY OF CORPUS CHRISTI HAS BEEN PETITIONED THROUGH ITS CITY COUNCIL TO CLOSE THAT PORTION OF DENVER STREET HEREIN DESCRIBED; AND WHEREAS, NOTICE OF THE PROPOSED CLOSING OF SAID STREET HAS BEEN GIVEN BY PUBLICATION IN ACCORDANCE WITH THE CHARTER OF THE CITY OF CORPUS CHRISTI, AS PROVIDED UNDER ARTICLE 11, SECTION 6 OF THE CITY CHARTER" AND WHEREAS, IN ACCORDANCE WITH SAID NOTICE PUBLIC HEARING WAS OPENED AND HELD ON MAY 13, 1952, AT 4:00 P.M. IN THE CITY COUNCIL CHAMBER OF THE CITY HALL; AND WHEREAS, PUBLIC WELFARE, CONVENIENCE AND NECESSITY BEING BETTER SERVED BY THE CLOSING OF SAID AREA, THE CITY COUNCIL RENDERED ITS DECISION TO CLOSE SAID STREET ON MAY 20, 1952, SUBJECT TO CERTAIN EXCEPTIONS AND RESTRICTIONS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THAT PORTION OF DENVER STREET DESCRIBED AS FOLLOWS: THAT AREA OF DENVER STREET BOUNDED ON THE SOUTH BY A LINE PARALLEL TO AND 1001 FROM THE NORTH BOUNDARY LINE OF ROSSITER STREET AND BOUNDED ON THE EAST BY THE WEST BOUN- DARY LINE OF OCEAN DRIVE IN THE CITY OF CORPUS CHRISTI, TEXAS, SAVE AND EXCEPT THE UTILITY EASEMENTS HEREINAFTER DESCRIBED, BE, AND THE SAME IS HEREBY CLOSED AS A PUBLIC STREET AND FROM PUBLIC USE, SAVE AND EXCEPT THOSE CERTAIN UTILITY EASEMENTS RETAINED BY THE CITY AND DESCRIBED IN SECTION 2 HEREOF, AND SUBJECT TO CERTAIN BUILDING RESTRICTIONS SET OUT IN SECTION 3 HEREOF. SECTION 2. THAT THERE IS RETAINED BY THE CITY OF CORPUS CHRISTI NECESSARY UTILITY EASEMENTS, INCLUDING SANITARY AND STORM SEWERS, SAID UTILITY EASEMENTS BEING DESCRIBED AS FOLLOWS`, TO -WIT: M I SAID UTILITY EASEMENT COMMENCES ON A LINE PARALLEL TO AND ONE HUNDRED FEET (100') NORTH OF ROSSITER STREET IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND FROM SAID COMMENCEMENT POINT IS TWENTY -FIVE FEET (259 WIDE, BEING TEN FEET (101) EAST OF THE CENTER LINE AND FIFTEEN FEET (151 WEST OF THE CENTER LINE OF DENVER STREET FOR A DIS- TANCE OF APPROXIMATELY ONE HUNDRED TWENTY -FIVE FEET (125t) NORTHWARD TO A POINT ON A LINE WHICH WOULD BE THE EASTWARD EXTENSION OF THE DIVIDING LINE BETWEEN LOTS NINE (9) AND TEN (10), BLOCK TWO (2), OCEAN PARK ADDITION, CORPUS CHRISTI, NUECES COUNTY, TEXAS AND NARROWS AT THAT POINT TO A WIDTH OF TWENTY -TWO FEET (22'1, BEING OF THREE FEET (3') LESSER WIDTH ON THE WEST SIDE, THAT IS TO SAY, BEING TWELVE FEET (121) WIDE WEST OF THE CENTER LINE OF DENVER STREET AND REMAINING AN ADDITIONAL TEN FEET (10') WIDE EAST OF THE CENTER LINE OF DENVER AVENUE, AND CONTINUES AT SAID WIDTH OF TWENTY -TWO (22') FEET AND PARALLEL TO THE CENTER LINE OF DENVER AVENUE NORTH- WARD A DISTANCE OF APPROXIMATELY FOUR HUNDRED FEET (4001) INTERSECTING AT THAT POINT A LINE DRAWN BY PROJECTING EAST- WARD IN A STRAIGHT LINE A LINE COINCIDENT WITH THE NORTH FOUNDATION CONCRETE WALL LINE OF A GARAGE BUILDING LOCATED ON LOT TWENTY -FOUR (24), BLOCK TWO (2), OF SAID OCEAN PARK SUBDIVISION2 AND AT SAID POINT SAID UTILITY EASEMENT HAS A WIDTH OF TWENTY -TWO FEET (22% BEING THE DISTANCE OF TWELVE FEET (121) WEST OF THE CENTER LINE OF SAID DENVER AVENUE AND ON TO AND ACROSS SAID CENTER LINE TO A DISTANCE OF TEN FEET (10') EAST OF SAID CENTER LINE OF DENVER AVENUE. SAID UTILITY EASEMENT SHALL HAVE FOR ITS EASTERN BOUNDARY FROM SAID POINT , NORTHWARD A LINE PARALLEL TO AND THREE FEET (3') EAST OF THE SIX INCH (61 WATER MAIN NOW LYING EAST OF AND NEAR THE CENTER LINE OF SAID DENVER STREET UNTIL SAID SIX INCH (61 WATER LINE INTERSECTS WITH THE SOUTH BOUNDARY OF LOT ONE (1) IN BLOCK THREE (3) OF ALTA PLAZA SUBDIVISION, A DISTANCE OF APPROXIMATE- LY FIFTY -FIVE FEET (559 WESTERLY FROM THE SOUTHEAST CORNER OF LOT ONE (1) IN BLOCK THREE (3) OF ALTA-PLAZA SUBDIVISION, AND SAID'.UTILITY'EASEMENT7S HALE 'HAVE'rASEIfg W�SiTERN BOUNDARY LINE (ON SUCH PORTION) A LINE PARALLEL TO AND SEVEN FEET (79 WEST OF SAID SIX INCH (6 ") WATER LINE (REFERRING TO THE DISTANCE NORTH OF THE CENTER LINE OF SAID DENVER AVENUE WHERE IT INTER- ' SECTS WITH THE EASTERN EXTENSION OF A LINE COINCIDENT WITH SAID _ GARAGE BUILDING LOCATED ON SAID LOT TWENTY -FOUR (24), BLOCK TWO (2), OCEAN PARK SUBDIVISION. IN ADDITION TO THE FOREGOING EASEMENT THERE SHALL BE ANOTHER EASEMENT TEN FEET (10') WIDE COMMENCING AT THE CENTER LINE OF DENVER AVENUE WHERE IT INTER- SECTS WITH-SAID EASTERN EXTENSION OF THE AFORESAID GARAGE FOUN- DATION LINE ANDCOPERING A DISTANCE FROM THAT POINT TO A POINT TEN FEET (10') WEST OF SAID POINT. SAID LINE CONTINUES NORTH - WARD, BUT EAST OF SAID CENTER LINE OF DENVER AVENUE, TO AN IRON STAKE APPROXIMATELY EIGHTY FEET (SO') NORTHEAST OF SAID POINT OF BEGINNING, SAID EASEMENT COVERING THE TEN FEET (10') WEST OF SAID LINE TO SAID IRON STAKE, AND MAKES AN ABRUPT TURN EAST- WARD TOWARD OCEAN DRIVE TO ANOTHER IRON STAKE FIFTY -SEVEN FEET (57') AWAY SET IN THE GROUND AT THE PROPERTY LINE ON .00EAN DRIVE, A DISTANCE OF APPROXIMATELY ONE HUNDRED FIVE (105') FEET SOUTH OF THE SOUTHEAST CORNER OF LOT ONE (1), BLOCK THREE (3), ALTA PLAZA SUBDIVISION, COVERING THE GROUND FROM SAID STAKES TO A DISTANCE TEN FEET (101) NORTH OF THE SAME. IT BEING UNDERSTOOD AND AGREED THAT THE EIGHTY -FIVE FEET (851) OF SIX INCH (61) WATER LINE LYING IMMEDIATELY SOUTH OF THE SOUTH BOUNDARY LINE OF LOT ONE (1), IN BLOCK THREE (3) OF ALTA PLAZA SUBDIVISION, IF IT EVER BE REPLACED OR RELAID OR RELOCATED SHALL BE LOCATED WITHIN OR RELAID WITHIN THE OTHER AND REMAINING PORTION OF THE EASEMENT LYING SOUTH OF SAID EIGHTY -FIVE FOOT (851) SECTION OF SIX INCH (6 ") PIPE, AND SAID EASEMENT AS TO SAID EIGHTY -FIVE F 00 (85') SECTION SHALL CEASE TO EXIST THEREAFTER, -2- IN THAT P"TION OF DENVER STREET DESCRIBED IN SECTION 1 HEREOF. SECTION 3. THAT THE CLOSING OF THE PORTION OF DENVER STREET DESCRIBED IN SECTION 1 HEREOF IS SUBJECT TO THE FURTHER RESTRICTION THAT NO BUILDINGS BE ERECTED WITHIN THE UTILITY EASEMENT AREA AT ANY TIME, AND THAT NO BUILDINGS BE ERECTED IN THE REMAINDER OF THAT STREET AREA HEREBY VACATED WITHIN A PERIOD OF FIVE (5) YEARS FROM THE DATE HEREOF. SECTION 4. THAT THE CITY OF CORPUS CHRISTI HEREBY QUITCLAIMS AND RELINQUISHES ALL RIGHT, TITLE AND INTEREST IT MAY HAVE IN AND TO THAT PORTION OF DENVER STREET DESCRIBED IN SECTION 1 HEREOF SAVE AND EXCEPT THAT PORTION THEREOF RETAINED BY THE CITY AS UTILITY EASEMENTS DESCRIBED IN SECTION 2 HEREOF, UNTO THE PROPERTY OWNERS ABUTTING SAID STREET, AND THE DEDICATION THEREOF IS HEREBY VACATED, SUBJECT TO THE RESTRICTIONS SET OUT IN SECTION 3 HEREOF. SECTION 5. THAT THE FACT THAT SAID PORTION OF SAID STREET HAS NEVER BEEN IMPROVED OR OPENED TO THE PUBLIC, AND THAT THE FACT THAT PUBLIC CONVENIENCE AND NECESSITY WILL BE BETTER SERVED BY THE CLOSING OF SAID STREET CREATES A PUBLIC EMERGENCY AND 'AN IMPERATIVE PUBLIC NECES- SITY 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 MEET- INGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, REQUESTING THE SUSPENSION OF SAID 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 PASS- AGE, IT 1S ACCORDINGLY PASSED AND APPR VED, THIS THE —�YlDDAY of JUNE, 1952. JATESTED: MAY R THE CITY OF CORPUS CHRISTI, TEXAS , CITY SECRETARY APPROVED AS TO LEGAL FORM: CITY ATTORNEY -3- Corpus Christi, Texas 19?� TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: 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, hereby 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, q MAYOR City of Corpus Christi, Texas The Charter rule was suspended by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon . George L. Lowman Frank E. Williamson The above ordinance was passed by the following vote: Leslie Wasserman Jack DeForrest Sydney E. Herndon • George L. Lowman Frank E. Williamson