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HomeMy WebLinkAbout17098 ORD - 06/30/1982AN ORDINANCE CLOSING THE 40 -FOOT RIGHT OF WAY ADJACENT TO LOTS 1 AND 2, SECTION 26 AND LOTS 31 AND 32, SECTION 27, FLOUR • BLUFF AND ENCINAL FARM AND GARDEN TRACTS; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concern- ing the closing of a 40 -foot wide dedicated right-of-way adjacent to Lots 1 and 2 Section 26, and Lots 31 and 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Vol. A, pages 41, 42 and 43, Map Records of Nueces County, Texas, was given by publication and mailed to the last known addresses of the owners of property abutting the public way proposed 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 June 30, 1982, in accordance with the provisions of the City Charter; and WHEREAS, it was determined by the City Council after such hearing that the aforesaid portion of right of way, proposed to be closed, is not needed now, nor will it be within the foreseeable future needed as public right of way, and that the same should revert to the abutting property owners, save and except that there shall be retained a 15 -foot utility easement centered on the centerline of said right of way: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 40 -foot wide dedicated right of way adjacent to Lots 1 and 2, Section 26, and Lots 31 and 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, situated in Nueces County, Texas, as recorded in Vol. A, pages 41, 42, and 43, Map Records of Nueces County, Texas and as illustrated on Exhibit "A", attached hereto and made a part hereof, be and the same is hereby closed for use as a public right of way, subject, however, to retention of the 15 -foot utility easement centered on the centerline of the said right of way. The said dedicated right of way is described as follows: Being a 40.00 foot wide dedicated right-of-way whose centerline is the common boundary line of Lots 1, 2, Section 26 and Lots 31, 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, pages 41, 42, 43, Map Records of Nueces County, Texas: 17o98 sEp 2 8 1984 MICROFILMED Beginning at a point on the centerline of said 40.00 foot wide dedicated right-of-way for the common corner of Lots 2, 3, Section 26 and Lots 30, 31, Section 27, . and the East corner of this tract; Thence South 28° 45' 35" West, along the common boundary line of Lots 2, 3, Section 26, 20.00 feet to a point for the South corner of this tract; Thence North 610 03' 50" West, parallel to the centerline of said 40.00 foot wide public road thereof and 20.00 feet distant therefrom, measured at right angles thereto, 1,148.24 feet to a point on the Southeast flared right of way line of Rodd Field Road for the West corner of this tract from which corner a concrete right of way marker found bears South 56° 08' 40" West 11.90 feet; Thence North 56°08'40" East, along said Southeast flared right of way, 22.49 feet to a point on the centerline of said 40.00 foot wide public road, same being the common line of Lot 1, Section 26 and Lot 32, Section 27, for an interior corner of this tract; Thence North 10 22' 30" East along the Northeast flared 'right of way of said Rodd Field Road 22.49 feet to a point for the North corner of this tract; Thence South 61° 03' 50" East along a line 20 feet northerly from and parallel to said centerline, a distance of 1,148.24 feet to a point; Thence South 28° 45' 35" West 20.00 feet to the point of beginning and containing 1.049 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 jurisdection, 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency dug to the need to close and abandon the hereinabove described public rights of way and the need for the immediate and efficient utilization of the City's resources which demands the prompt attention of the Council, 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 -2- that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 3o day of June, 1982. • ATTEST: Y44110/eci- /eettl "City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Zsz' PR*2.DAY OF JUNE, 1982: J. BRUCE AYCOCK, TY ATT RNEY By Corpus Christi, Te s a) day of , 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 is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAY THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the follo ing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17098