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HomeMy WebLinkAbout16860 ORD - 02/10/1982AN ORDINANCE _ - CLOSING AND ABANDONING THE PORTION OF DUNE DRIVE FROM THE SOUTH RIGHT-OF-WAY LINE OF ROSE STREET SOUTHERLY A DISTANCE OF 115 FEET, AS SHOWN ON PLAT FILED IN THE MAP RECORDS OF NUECES COUNTY, TEXAS IN VOLUME 15, PAGE 57, SUBJECT TO RETENTION OF A THREE-FOOT WIDE ELECTRICAL EASEMENT BEGINNING AT THE NORTHWEST CORNER OF THE CLOSED SECTION AND EXTENDING 20 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF ROSE STREET, AND SUBJECT TO REPLATTING AT THE EXPENSE OF THE ABUTTING PROPERTY OWNERS INDICATING DUNE DRIVE CLOSURE AS PART OF THE LOTS; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing of a portion of Dune Drive, from the south right-of-way line of Rose Street southerly a distance of 115 feet as shown on plat filed in the Map Records of Nueces County, Texas, in Volume 15, page 57, situated in'Corpus Christi, Nueces County, Texas, was given by publication and mail to the last known addresses of the owners of property abutting the area to be closed and within 450 feet of the area 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 February 3, 1982, 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 Dune Drive, from the south right-of-way line of Rose Street southerly a distance of 115 feet as shown on plat filed in the Map Records of Nueces County, Texas in Volume 15, page 57, proposed to be closed, is not needed now, nor will it be within the foreseeable future needed as a public street and that it would best serve the public con- venience and necessity to close the portion of said street, subject to retention of a three-foot wide electrical easement beginning at the north- west corner of the closed section and extending 20 feet south of the south right-of-way line of Rose Street, subject to replatting at the expense of the abutting property owners indicating Dune Drive closure as part of the lots, and that such closed portion of the street revert to the abutting property owners: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the portion of Dune Drive from the south right of way line of Rose Street southerly a distance of 115 feet, more _ 16860 SEP 2 8 1984 MICROFILMED fully deScribed hereinafter, be and the same is hereby closed for public use and abandoned to the owners of the abutting property, save and except that a three-foot wide electrical easement be retained, beginning at the north- west corner of the closed section and extending 20 feet south of the south right-of-way line of Rose Street, said closure to be subject to replatting at the expense of the abutting property owners indicating Dune Drive closure as part of the lots, the portion of Dune Drive to be closed being described as follows: Being a 115 foot long section of 50 foot wide Dune Drive, adjacent to Lot 4, Block 12, and Lot 1, Block 11, Waldron Subdivision, Unit 2, as shown by plat in Volume 15, Page 57, Map Records, Nueces County, Texas, and more particu- larly described as follows: BEGINNING at a point being the north corner of above mentioned Lot 4; THENCE S 29o W along the southeast right of way of said 50 foot wide Dune Drive, 115.00 feet to a point for the south corner of this tract; THENCE N 61° 03' W 50.00 feet to a point; THENCE N 29o E along the northwest right of way line of said Dune Drive, 115.00 feet to a point; THENCE S 61° 03' E 50.00 feet to the point of beginning and containing 0.132 acres, 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 of this City Council that every section, paragraph, subdivision, clause, phrase, word or provi§ion hereof be given full force and effect for its purpose. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by closing a portion of the hereinabove described street such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or .resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 110 day of FEBRUARY, 1982. ATTEST: C/(05/1 ret it ecary APPROVED: 1 19 DAY OF FEBRUARY, 1982. J. BRUCE A OCK, C Y ATTO EY By THE CITY rF CORPUS CHRISTI, TEXAS Corpus Christi, T xas /12 day o 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members i'94C THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the follAi 'rig vote: Luther Jones Betty N. Turner 1:-, Jack K. Dumphy A0( Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky AO( 1_6860