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HomeMy WebLinkAbout17482 ORD - 02/16/1983AN ORDINANCE CLOSING AND ABANDONING THE 45 FOOT WIDE LEWIS STREET RIGHT-OF-WAY FROM THE NORTH RIGHT-OF-WAY OF SHELY STREET TO THE SOUTH RIGHT-OF-WAY OF TOMPKINS STREET, RETAINING THE FULL WIDTH AS A UTILITY EASEMENT, 45 FOOT WIDE LEWIS STREET FROM THE SOUTH RIGHT-OF-WAY OF PRICE STREET TO THE NORTH RIGHT-OF-WAY OF KOSAR STREET, 50 FOOT WIDE TOMPKINS STREET RIGHT-OF-WAY FROM A POINT 210 FEET FROM THE WESTERLY RIGHT-OF-WAY ON NAPLES WESTWARD TO A POINT 150 FEET FROM THE EASTERLY RIGHT-OF-WAY OF AYERS STREET, RETAINING THE FULL WIDTH AS A UTILITY EASEMENT, AND 50 FOOT WIDE PRICE STREET RIGHT-OF-WAY FROM THE WESTERLY RIGHT-OF-WAY OF NAPLES STREET WESTWARD 655 FEET TO AN EXTENSION OF THE WESTERLY RIGHT-OF-WAY OF LEWIS STREET, RETAINING THE FULL WIDTH AS A UTILITY EASEMENT; REVERTING OWNERSHIP OF SUBJECT RIGHTS-OF-WAY TO DEL MAR COLLEGE, PROVIDING THAT APPLICANT CONSTRUCT A CUL-DE-SAC APPROXIMATELY ADJACENT TO LOT 20, BLOCK 20, AND LOT 5, BLOCK 19, SOUTHMORELAND ADDITION, AND THAT APPLICANT REPLAT ALL PROPERTY OWNED WITHIN THE BOUNDARIES OF AYERS STREET, BALDWIN BOULEVARD, NAPLES STREET AND SHELY STREET AT SUCH TIME AS APPLICANT REQUEST THE FURTHER CLOSING OF ANY PUBLIC STREET RIGHT-OF-WAY WITHIN SAID BOUNDARIES OR WITHIN 36 MONTHS, WHICHEVER COMES FIRST; AND DECLARING AN EMERGENCY; WHEREAS, a 45 foot wide right-of-way on Lewis Street exist from the north right-of-way of Shely Street to the south right-of-way of Tompkins Street, a 45 foot wide right-of-way on Lewis Street exists from the south right-of-way of Price Street to the north right-of-way of Kosar Street, a 50 foot wide right-of-way on Tompkins Street exists from a point 210 feet from the westerly right-of-way on Naples westward to a point 150 feet from the easterly right-of-way of Ayers Street, and a 50 foot wide right-of-way on Price Street exists from the westerly right-of-way of Naples Street westward 655 feet to an extension of the westerly right-of-way of Lewis Street, all as shown by plat recorded in Volume 5, Page 4, Map Records, Nueces County, Texas; and WHEREAS, notice of the time and place for hold a hearing concerning the closing of the aforementioned rights-of-way 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 the Regular Council Meeting by the City Council on February 9, 1983, in accordance with the provisions of the City Charter; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said rights-of-way, 1744;2 SEP 2 g 1984 MICROFILMED w retaining the full width of the 45 foot wide Lewis Street right-of-way as a utility easement from the north right-of-way of Shely Street to the south right-of-way of Tompkins Street, retaining the full width of the 50 foot wide Thompkins Street right-of-way as a utility easement from a point 210 feet from the westerly right-of-way on Naples westward to a point 150 feet from the easterly right-of-way of Ayers Street, and retaining the full width of the 50 foot wide Price Street right-of-way as a utility easement from the westerly right-of-way of Naples Street westward 655 feet to an extension of the westerly right-of-way of Lewis Street; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 45 foot wide right-of-way on Lewis Street from the north right-of-way of Shely Street to the south right-of-way of Tompkins Street, a 45 foot wide right-of-way on Lewis Street from the south right-of-way of Price Street to the north right-of-way of Kosar Street, a 50 foot wide right-of-way on Tompkins Street from a point 210 feet from the westerly right-of-way on Naples westward to a point 150 feet from the easterly right-of-way of Ayers Street, and a 50 foot wide right-of-way on Price Street from the westerly right-of-way of Naples Street westward 655 feet to an extension of the westerly right-of-way of Lewis Street, all as shown by plat recorded in Volume 5, Page 4, Map Records, Nueces County, Texas, be closed and abandoned. SECTION 2. That the full width of the 45 foot wide Lewis Street right-of-way be retained as a utility easement from the north right-of-way of Shely Street to the south right-of-way of Tompkins Street, that the full width of the 50 foot wide Tompkins Street right-of-way be retained as a utility easement from a point 210 feet from the westerly right-of-way on Naples westward to a point 150 feet from the easterly right-of-way of Ayers Street, and that the full width of the 50 foot wide Price Street right-of-way be retained as a utility easement from the westerly right-of-way of Naples Street westward 655 feet to an extension•of the westerly right-of-way of Lewis Street; 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 and abandoning the aforesaid rights-of-way, 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 AA_ day of February, 1983. ATTEST: Secretary MAYOR APPROVED:/? AY OF FEBRUARY, 1983 THE CITY 0 CORPUS CHRISTI, TEXAS Corpus//Christi, Texas 414( day of , 19E3 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; I/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 MAYOR THE CI F CORPUS CHRISTI, TEXAS The above ordinance was passed ,, the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17482