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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 • • 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 •o Ip 09 p PORTIONS OF STREET IN . �06 REVOCABLE EASEMENT. 31004 II I% /p � _ 8T 411144 st z • 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