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HomeMy WebLinkAbout19953 ORD - 09/01/1987AN ORDINANCE CLOSING AND ABANDONING THE PORTION OF AUBREY STREET RIGHT-OF-WAY BETWEEN NORTH SHORELINE BOULEVARD AND WATER STREET, SUBJECT TO RETAINAGE OF A 10 -FOOT WIDE DRAINAGE EASEMENT AND A 10 -FOOT WIDE UTILITY EASEMENT; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, notice of the time and place for holding a hearing concerning the closing of Aubrey Street right-of-way between North Shoreline Boulevard and Water Street, 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 August 25, 1987, 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 the portion of Aubrey Street right-of-way between North Shoreline Boulevard and Water Street as shown by plat in Map Records, Nueces County, Texas, and described by the metes and bounds which are attached hereto and made a part hereof, marked Exhibit "A", providing for retainage of a 10 -foot wide drainage easement and a 10 -foot wide utility easement. 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 jurisdiction, 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. 19953 MICROFILMED 08P.028.01 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 to close and abandon the abovementioned street right-of-way at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at three regular meetings so that this ordinance is passed and shall take effect uppn first r ding as an emergency measure this the ,64day of 0 p t fY_1u 1987. ATTEST: City Secretary APPROVED:2 <'= DAY OF August, 1987 HAL GEORGE, CITY ATTORNEY By Assistant Cit L orney 08P.028.01 THE CITY OF CORPUS CHRISTI, TEXAS Field notes for a 0.337 acre tract of land, a portion of the Aubrey Street right of way between Water Street and West Shoreline Boulevard, as shown by Map of record in Volume 9, pages 38 to 41, Nueces County, Texas Map Records, and being a portion of that land reclaimed by the Bay Front Protection Works from the State of Texas and sometimes called 'Water Beach Subdivision, said 0.337 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a drill hole set in a Texas Highway Department Concrete Monument, at the intersection of the South right of way line of Inter- state Highway No. 37 and the Northerly extension of the east right of way line of Water Street, for the northwest and beginning corner of the tract herein described; Thence N. 78° 45' 30" E., with the South right of way line of said Inter- state Highway No. 37, a distance of 264.96 feet to a Texas Highway Depart- ment concrete monument for the northeast corner of the tract herein des- cribed; Thence S. 58° 51' 50" E., a distance of 74.51 feet to a Texas Highway Department concrete monument in the northeast corner of Block 10, said Water Beach reclaimed land, for the southeast corner of the tract herein described; Thence S. 78° 45' 30" W., with the South right of way'line of said Aubrey Street, the north line of said Block 10, a distance of 320.00 feet to a Drill Hole set in concrete walk in the northwest corner of said Block 10, for the southwest corner of the tract herein described; Thence N. 11° 14' 30" W., with the northerly extension of the East right of way line of said Water Street a distance of 50.22 feet to the point of beginning. Containing 14,688.0 square feet (0.337 acre) of land. -gie 4 Corpus Christi, Texas f Q4- day of ) ci MI , 198 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 CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.045.01 vote: 19953