HomeMy WebLinkAbout17716 ORD - 07/20/1983AN ORDINANCE
CLOSING AND ABANDONING A PORTION OF SOUTH UPPER BROADWAY
SUBJECT TO COMPLIANCE BY ABUTTING LAND OWNERS WITH
EXPRESS COVENANTS AND CONDITIONS; PROVIDING FOR REVERTER
ON BREACH OF CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, on March 12, 1980, in regular council meeting the City
Council held a public hearing on request of applicant Mr. Tim Clower to
consider closing a portion of dedicated right-of-way between South Upper
Broadway and Chaparral Street and south of the Mid -Town Traffic Exchange; and
WHEREAS, it was determined to be feasible and advantageous to the
City that such right-of-way be closed and abandoned to the abutting owners
subject to the satisfaction of express covenants and conditions as
recommended to and approved by the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1.. That the following described tract of land, being a
portion of dedicated South Broadway Street right-of-way be, and is hereby
closed and abandoned to the abutting owners:
BEING a strip of land out of the 100 foot wide South
Broadway Street right-of-way shown by plat of Central
Wharf & Warehouse Company's Subdivision in Volume A, Page
15, Map Records, Nueces County, Texas, and further
described by metes and bounds as follows:
BEGINNING at a point being the north corner of Lot 4,
Block 5, Central Wharf & Warehouse Subdivision, for the
point of beginning of this tract;
THENCE South 2° 25' 00" West along the easterly
right-of-way line of South Broadway, 384.23 feet to a
point;
THENCE North 87° 34' 00" West 54.80 feet to a point;
THENCE North 2° 25' 00" East 354.23 feet to a point;
THENCE North 63° 43' 52" East 62.47 feet to the POINT OF
BEGINNING, and containing 0.46 acres, more or less.
SECTION 2. That the closure and abandonment of the above-described
public street right-of-way is expressly made subject to the following
covenants and conditions to be kept and performed by the owners of the land
abutting and adjacent thereto:
A. That substantial new office building construction be instituted on
contiguous private property to the east thereby utilizing such described
abandoned right-of-way or any portion thereof in such construction within
two years from date hereof;; and n
Amended y Ordinance NO..LQ0
Data 1a1`\\.Ij
Amended by Ordinance NO.i'k r }y.
-"-1 5\\k.O 17 16
SEP2d 1984
MICROFILMED
B. That the existing palm trees growing along South Upper Broadway within
the area subject to this closure and abandonment be preserved and
maintained by the abutting land owners; and be it further provided that
such palm trees may be relocated if/as necessary for driveway access
development; and
C. That the right-of-way described herein and abandoned hereby shall not be
sold, conveyed, or assigned unless such sale, conveyance or assignment
results in substantial new construction being commenced within two years
D.
on contiguous private property to the east as
in Item A herein; and
That an existing water line located
in
outlined and provided for
and
upon
the described
right-of-way be relocated by the abutting land owners solely at their
expense.
SECTION 3. That the performance of each of the foregoing conditions and
covenants is hereby deemed to be good and valuable consideration for the
closing of said dedicated right-of-way, the breach of any of which conditions
shall without the necessity of re-entry or suit, immediately cause title to
said right-of-way to revert to and vest in the City of Corpus Christi and
this ordinance shall become null and void.
SECTION 4. 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 right-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 ay of July, 1983.
ATTEST:
' S to ry " ,5 111-.'
APPROVED: DAY OF JULY, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By,
A, i /
Assistant City ;t/rney
AOF
/
MAYIR
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Tex
c:70 day of 4{ � , 1483
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 C Y OF CORPUS CHRISTI, TEXAS
The above ordinance was passe the following vote:
Luther Jones
Betty N. Turner /
Jack K. Dumphy //./�
Bob Gulley
r
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy if__
Cliff Zarsky OF
17716
A MOTION
63-471
old, -i-1 e -f' moved and CJ�
seconded a motion t amend Council action closing a portion of South Upper
Broadway on March 12, 1980, by adding the condition that substantial new
office construction be commenced within two years of date of Ordinance 4*
.101:17J-, List, on private property contiguous to and east of the subject
right-of-way.
: 7- 02 0- 3
r 1112