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HomeMy WebLinkAbout12580 ORD - 04/02/1975MLM:jkh:4 -2 -75; 2nd AN ORDINANCE CLOSING AND ABANDONING ALL RIGHT OF WAY BEYOND 50 FEET IN A GENERALLY WESTERLY DIRECTION FROM THE CENTERLINE OF OCEAN DRIVE WHICH ABUTS LOTS 1 THROUGH 4. SOUTH SHORE PLACE, AND PARTICULARLY RESERVING THE 10 -FOOT STRIP, MORE PARTICULARLY DESCRIBED HEREINAFTER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. • WHEREAS, notice of the time and place for holding a hearing,concern- ing the closing of right of way along Ocean Drive abutting Lots 1, 2, 3 and 4, South Shore Place, was given by publication and mailed to the last known address of the owners of property abutting said right of way and within 450 feet of the area to be closed and thereafter, pursuant to said notice, public hearing was held at Regular Meeting of the City Council of the City of Corpus Christi on Wednesday, March 12, 1975, 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 right of way within the limits described, for use as public right of way: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the right of way beyond 50 feet in a generally westerly direction from the centerline of Ocean Drive which abuts Lots 1 through 4, South Shore Place, be and the same is hereby closed and abandoned for use as public right of way and abandoned to the owners of the abutting property, reserving particularly the 10 -foot strip, more particularly described as follows: BEGINNING AT A POINT ON THE SOUTHWEST RIGHT-OF -WAY LINE OF OCEAN DRIVE, FOR THE NORTH CORNER OF LOT 25, OCEAN VIEW ESTATES, A MAP OF WHICH IS RECORDED IN VOLUME 10, PAGE 44, NUECES COUNTY MAP RECORDS, AND THE EAST CORNER OF THIS TRACT; THENCE WITH THE NORTHWEST BOUNDARY LINE OF SAID LOT 25, SOUTH 28' 501 40^ WEST, 10.60 FEET FOR THE SOUTH CORNER OF THIS TRACT, FROM WHICH POINT THE EAST CORNER OF LOT 1, SOUTH SHORE PLACE, A MAP OF WHICH IS RECORDED IN VOLUME 6, PAGE 20, NUECES COUNTY MAP RECORDS, BEARS SOUTH 28° 501 4011 WEST, 29.83 FEET; 12580 THENCE NORTH 41' 461 00° WEST, PARALLEL TO THE CENTERLINE OF SAID OCEAN DRIVE THEREOF AND 50 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO 225.70 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT WHICH HAS A CENTRAL ANGLE OF to 501 24 "; A RADIUS OF �-+ 5,779.58 FEET; A TANGEIIT DISTANCE OF 92.81 FEET, AND AN ARC LENGTH OF 185.61 FEET; THENCE WITH SAID CURVE TO THE RIGHT 185.61 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY PROJECTION OF THE COMMON BOUNDARY LINE OF LOTS 4 AND 5 OF SAID SOUTH SHORE PLACE, FOR THE POINT OF TANGENCY WHOSE RADIUS POINT BEARS NORTH 50' 041 24" EAST, 5,779.58 FEET, FROM WHICH POINT OF TANGENCY THE COMMON FRONT CORNER OF SAID LOTS 4 AND 5, BEARS SOUTH 430 381 40^ WEST, 13.59 FEET; THENCE WITH THE SAID PROJECTION OF THE COMMON BOUNDARY LINE OF SAID LOTS 4 AND 5, NORTH 430 381 40^ EAST, 10.06 FEET FOR THE NORTH CORNER OF THIS TRACT AND THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS POINT BEARS, NORTH So' o51 05" EAST, 5,769.58 FEET, AND HAS A CENTRAL ANGLE OF 1' 511 05'; A RADIUS OF 5,769-58 FEET; A TANGENT DISTANCE OF 93.22 FEET, AND AN ARC LENGTH OF 186.43 FEET; THENCE WITH SAID CURVE TO THE LEFT, 186.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 41° 461 00^ EAST, PARALLEL TO THE CENTERLINE OF SAID OCEAN DRIVE THEREOF AND 40 FEET DISTANT THEREFROM, MEASURED AT RIGHT ANGLES THERETO, 222.18 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.093 ACRES OF LAND. 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. SECTION 3. The necessity to immediately close the aforesaid right of way for use as public right of way and to abandon the same to the owners of abutting property so that the same may be used for other purposes 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 -2- or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity 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 of April, 1975. ATTEST: n ecretary YOR THE CITY OF CORPUS CHRISTI, TEXA AP VED: DAY OF APRIL, 1975: joct ng ,City Atto hey �— Z-11 pr -'Tanqenl 178AGO Rif he- IA917ce Ll 4 ZI Mac ad Corpus Christi, Texas 9. _day of 19� 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 THE CITY OF CORPUS CHRISTI, 4X The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason D-by James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark