HomeMy WebLinkAbout18889 ORD - 06/18/1985•
AN ORDINANCE
CLOSING AND ABANDONING A 0.058 ACRE PORTION OF PUBLIC STREET
RIGHT-OF-WAY AT THE INTERSECTION OF SOUTH STAPLES STREET AND
CLIFFORD STREET, BEING ADJACENT TO LOT 12, BLOCK 36, DEL MAR
SUBDIVISION, SUBJECT TO PROVISIONS LISTED BELOW.
WHEREAS, notice of the time and place for holding a hearing concerning
the closing of a 0.058 acre portion of public street right-of-way at the
intersection of South Staples Street and Clifford Street, being adjacent to
Lot 12, Block 36, Del Mar Subdivision, was given by publication and mailed to
the last known addresses of the owners of property abutting the public way and
within 450 feet of the area 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 May 28, 1985, 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 they be within the foreseeable future needed as public rights-of-way,
and that the same should revert to the abutting property owners, subject to
certain specified conditions:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That there is hereby closed and abandoned a 0.058 acre
portion of public street right-of-way at the intersection of South Staples
Street and Clifford. Street, being adjacent to Lot 12, Block 36, Del Mar
Subdivision, shown by plat in Volume 4, Pages 8-10, Map Records, Nueces County,
Texas, and described by metes and bounds as shown on Exhibit "A", attached hereto
and made a part hereof, subject to the following provisions: said property is
replatted; payment of fair market value for such closed street right-of-way;
granting of a revocable easement for a 0.133 acre tract of land at the South
Staples/Clifford Street intersection being adjacent to Lots 10, 12, and 13,
Block 36, Del Mar Subdivision; payment of a revocable easement fee; and
construction of a sidewalk, all as shown on the revocable easement, a
substantial copy of which is attached hereto and made a part hereof, marked
Exhibit "B".
02.132.01
sews MICROFILM/7)
METES AND BOUNDS DESCRIPTION
OF A
2523 SQUARE FOOT TRACT
W0 16401
BEING a 2523 square foot tract out of a portion of street
right-of-way bounded on the west by South Staples Street, on the
southeast by Clifford Street, and on the northeast by Lot 12, Block 36,
Del Mar Addition, Recorded in Volume 4, Pages 8-10, Map Records, Nueces
County, Texas;
BEGINNING at the east corner of this tract, said corner being the
south corner of said Lot 12, Block 36, Del Mar Addition;
THENCE S 58°54'00" W, 11.19 feet, to a corner of this tract;
THENCE N 76°45'22" W, 68.92 feet, to the beginning of a curve to the
right;
THENCE along said curve to the right having a central angle of
90°00'00", a radius of 15.00 feet, a distance of 23.56 feet to a corner
of this tract being on the east R.O.W. line of Staples Street;
THENCE N 13°14'38" E along said R.O.W. line, 58.40 feet, to the
northwest corner of this tract;
THENCE along a curve to the left having a central angle of
58°48'04", a radius of 115.00 feet, a long chord bearing of S 41°14'59"
E, a length of 118.02 feet to the point of beginning and containing 2523
square feet of land, more or less.
Exhibit jp
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WO 1640-1
6/7/85
REVOCABLE EASEMENT STAPLES PORTION
BEING a 10 foot wide portion of 100 foot wide South Staples Street
Right -of -Way bordering Lots 12 and 13, Block 36, Del Mar Addition, said
addition recorded in Volume 4, Pages 8-10, Map Records, Nueces County,
Texas, and said 10 foot wide portion being more particularly described as
follows:
BEGINNING at the north corner of Lot 13 for the northeast corner of
this 10 foot wide portion of R.O.W., said corner being on the -present
east right-of-way line of South Staples Street;
THENCE S 13°14'38° W along the east boundary of this 10 foot wide
portion of R.O.W., also being the east R.O.W. line of South Staples
Street, at 71.53 feet pass the west corner of said Lot 13 also being the
north corner of Lot 12, at 171.53 feet pass the west corner of Lot 12,
and enter a street R.O.W., in all 273.97 feet to the southeast corner of
this 10 foot wide portion of R.O.W., said corner also being the north
corner of a triangular portion of land designated as a park;
THENCE N 76°45'22° W, 10.00 feet, to the southwest corner of this 10
foot wide portion of R.O.W.;
THENCE N 13°14'38° E and running perpendicularly 10.00 feet west of
and parallel to said present east R.O.W. line of South Staples Street,
284.20 feet, to the northwest corner of this 10 foot wide portion of
R.O.W.;
THENCE S 31°06'00" E, 14.31 feet, to the point of beginning and
containing 2791 square feet of land. more or less.
Exhibit A
•
REVOCABLE EASEMENT TRIANGULAR PORTION
WO 1640-1
6/7/85
BEING a 2532 square foot tract out of a portion of street
right-of-way bounded on the west by South Staples Street, on the
southeast by Clifford Street, and on the southwest by a triangular tract
of land designated as a park in Volume 4, Pages 8-10, Map Records, Nueces
County, Texas; and said tract being more particularly described by metes
and bounds as folTows:
BEGINNING at the east corner of this tract, said corner being on the
northwest right-of-way line of Clifford Street and bearing S 58°54'00" W,
11.19 feet, from the south corner of Lot 12, Block 36, Del Mar Addition,
said addition recorded in- Volume 4, Pages 8-10, Map Records, Nueces
County, Texas;
THENCE S 58°54'00" W, along the southeast boundary of this tract
also being the northwest R.O.W. line of Clifford Street, 65.35 feet, to
the south corner of this tract, said corner also being the east corner of
the aforementioned park;
THENCE along a curve to the right having a central angle of
13°20'37", a radius of 175.00 feet, a long chord bearing of N 52°38'17"
W, a distance of 40.76 feet to the west corner of this tract, said corner
being on the east R.O.W. line of South Staples Street and also being the
north corner of the aforementioned park;
THENCE N 13°14'38" E along said east R.O.W. line of South Staples
Street, 44.04 feet, the north corner of this tract;
THENCE along a curve to the left having a central angle 90°00'00",
a radius of 15.00 feet, a radius bearing of S 76°45'22" E, a distance of
23.56 feet'
THENCE S 76°45'22" E 68.92 feet, to the point of beginning and
containing 2532 square feet of land, more or less.
Exhibit B
REVOCABLE EASEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
That, the City of Corpus Christi, Texas, hereinafter referred to as
Grantor acting by and through its duly authorized City Manager, Edward A.
Martin, for and in consideration of the sum of Two Thousand Six Hundred Sixty
One Dollars and 50/100 ($2,661,50) to it in hand paid by First State Bank of
Corpus Christi, hereinafter referred to as Grantee, the receipt of which is
hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these
presents does GRANT, SELL and CONVEY, a revocable easement for the purposes
indicated and the conditions indicated within and on the 10 foot wide strip of
Staples Street right-of-way adjacent to the west lot line of Block 36, Del Mar
Addition, as described by metes and bounds on attached Exhibit "A", both shown
by plat recorded in Volume 4, Pages 8-10, Map Records, Nueces County, Texas, and
within and on a portion of public street right-of-way adjacent to Lot 12 in said
Block 36, between South Staples Street and Clifford Street as described by
attached metes and bounds on Exhibit "B".
TO HAVE AND TO HOLD the same unto the said Grantee, his successors and
assigns, and it is further understood that the foregoing easement and right is
granted upon the following conditions and terms:
1. Grantee -is herewith permitted the use of said public
rights-of-way as shown by attached Exhibit "C" for parking, landscaping or other
accessory uses.
2. Grantee shall submit to the City Engineer for approval any plan
for improvements, including parking, fencing, landscaping and planting, in said
public rights-of-way and shall not proceed with such work until approved by the
City Engineer. Said plan shall provide for the construction of a four foot wide
concrete sidewalk in the South Staples Street right-of-way from Clifford Street
to the alley south of and adjacent to Lot 13, Bock 36, Del Mar Addition.
Sidewalk will be built within one year of date of this instrument.
3. It is understood and agreed that the right and easement herein
(ranted may be revoked at any time by the City of Corpus Christi, upon thirty
30) days notice in writing to Grantee, in which event Grantee shall remove
Grantee's facilities from the area covered by this easement within sixty (60)
calendar days.
4. Grantee agrees to indemnify and forever save harmless the City,
its officers, agents, and employees, for any and all lawsuits, claims, damages,
liabilities, losses, and expenses (including court costs, attorneys fees, and
expert witness fees) for or on account of any injury to any person, or death at
any time resulting from such injury, or damage to any property, which may arise
or which may be alleged to have arisen out of or in connection with any activity
by Grantee, its agents, employees, or independent contractors pursuant to this
revocable easement.
02.132.01
Ora ids69
5. Grantee shall not assign, mortgage, pledge, or transfer this
revocable easement without written consent of the City.
IN WITNESS WHEREOF, the City of Corpus Christi has caused these
, 1985.
presents to be executed this the day of
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
PROVED: �DA
'
‘73-------
Asst Attorney
APPROVED:
, 1985
James K. Lontos, P.E.
Assistant City Manager
The above Grant and Easement is hereby accepted this the day
of , 1985, by as
of First State Bank of Corpus Christi, said
agrees to keep and perform the conditions
imposed by said Grant and Easement and that it is bound by all of the terms of
same.
FIRST STATE BANK OF CORPUS CHRISTI
By
02.132.01
3F 1
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PORTIONS OF STREET IN .
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REVOCABLE EASEMENT.
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That the foregoing ordinance 0 read for a first time and s,5ed to its
second reading on this the day of , 19NS , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga,
Leo Guerrero
Sr.
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance waparead for
third reading on this the // day of
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
That the for/ Rejig on this the /
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
��
i g ordinan
day of
PASSED AND APPROVED,
A EST:
1 y Secretary
APPROVED:
23 DAY OF ---
Ass
ty
F_--
lie second time and u ssed to its
19V , by the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
was read for thetb,ird time and passed finally
, 19 j7 by the followinvote:
this
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
the /tit day of
Assty Atrorney
,19Pr
MAYOR PINPV"
THE CITY OF CORPUS CHRISTI, TEXAS
18889