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,
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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
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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