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Home My WebLink About20038 ORD - 10/27/1987,4 AN ORDINANCE CLOSING AND ABANDONING THE 5 -FOOT WIDE UTILITY EASEMENTS IN BLOCKS 2, 3, 4, 5, 18, and 19, SOUTHMORELAND ADDITION; CLOSING AND ABANDONING THE PUBLIC RIGHTS-OF-WAY OF SHELY STREET FROM NAPLES STREET TO AYERS STREET, LEWIS STREET FROM SHELY STREET TO EDWARDS STREET, KOSAR STREET FROM NAPLES TO AYERS STREET, AND TWO 160 -FOOT LONG PORTIONS OF TOMPKINS STREET BETWEEN NAPLES STREET AND AYERS STREET, RETAINING ALL AS UTILITY EASEMENTS; CLOSING AND ABANDONING CARTER STREET FROM AYERS STREET SOUTHEASTWARD TO A POINT 150 FEET SOUTHEAST FROM THE SOUTHEASTERLY RIGHT-OF-WAY OF LEWIS STREET, RETAINING AS UTILITY EASEMENT THE PORTIONS OF CARTER STREET FROM AYERS STREET TO A POINT 126 FEET SOUTHEASTWARD AND FROM A POINT 391 FEET SOUTHEAST OF AYERS STREET TO A POINT 150 FEET SOUTHEAST FROM THE SOUTHEASTERLY RIGHT-OF-WAY OF LEWIS STREET; PROVIDING APPLICANT REROUTE THE EXISTING 8 -INCH DIAMETER WATER MAIN WITHIN THAT PORTION OF CARTER STREET NOT RETAINED AS UTILITY EASEMENT; PROVIDING APPLICANT A CREDIT TO THE FAIR MARKET VALUE FOR THE STREET RIGHTS-OF-WAY HEREIN ABANDONED; AND PROVIDING FOR REPLATTING OF ALL AFFECTED PROPERTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, there exists the 5 -foot wide utility easements in Blocks 2, 3, 4, 5, 18, and 19, Southmoreland Addition, shown by plat in Volume 5, Page 4, Map Records, Nueces County, Texas; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon said easements, subject to the provisions listed below; and WHEREAS, notice of the time and place for holding a hearing concerning the closing of public rights -of -ways of Shely Street from Naples Street to Ayers Street, Lewis Street from Shely Street to Edwards Street, Kosar Street from Naples Street to Ayers Street, two 160 -foot long portions of Tompkins Street between Naples Street and Ayers Street, and Carter Street from Ayers Street southeastward to a point 150 feet southeast from the southeasterly right-of-way of Lewis 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 during a meeting of the City Council of the City of Corpus Christi on October 13, 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 portions of right-of-way, proposed to be closed, are 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; 08P.155.01 20038 MICROFILMED WHEREAS, the City Council has considered the evidence of fair market value of said streets and easements and finds that consideration shall be given to providing credit for the value of benefits derived to the public by the reduction of street maintenance cost and other improvements to other street rights-of-way, all of which are designed to provide traffic circulation meeting the requirements of the Master Transportation Plan or other street plan acceptable to the City; and WHEREAS, these closures are necessary for massive improvements to the Del Mar campus to facilitate a building program at such school which was approved by the voters of this city in a bond election at which the voters approved such new buildings; and WHEREAS, said construction will inure to the benefit of all citizens of the city by improving the general economy of the city and assisting the city in its economic development; and WHEREAS, the Del Mar campus is a major generator of traffic which has a substantial impact on the city street system and the closing of these streets and easements and the related traffic circulation provided by Del Mar will greatly assist such traffic circulation thereby benefiting the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 5 -foot wide utility easements in Blocks 2, 3, 4, 5, 18, and 19, Southmoreland Addition shown by plat in Volume 5, Page 4, Map Records, Nueces County, Texas, be and the same are hereby closed for public use and every municipal purpose, subject to the property being replatted at the applicant's expense. The above described utility easements are hereby abandoned to the owners of the abutting property in accordance with the laws of the State of Texas, and for the service and interest of the inhabitants of the City of Corpus Christi, Texas. SECTION 2. That there is hereby closed and abandoned the public rights-of-way of Shely Street from Naples Street to Ayers Street, Lewis Street from Shely Street to Edwards Street, Kosar Street from Naples Street to Ayers Street, and two 160 -foot long portions of Tompkins Street between Naples Street and Ayers Street, retaining all as utility easements. SECTION 3. That there is hereby closed and abandoned Carter Street from Ayers Street southeastward to a point 150 feet southeast from the southeasterly right-of-way of Lewis Street, retaining as utility easement the portions of Carter Street from Ayers Street to a point 126 feet southeastward and from a point 391 feet southeast of Ayers Street to a point 150 feet southeast from the southeasterly right-of-way of Lewis Street. The action herein is contingent upon the applicant rerouting the existing 8 -inch diameter water main within that portion of Carter Street not retained as utility easement. 08P.155.01 SECTION 4. The City Council finds and provides a credit to applicant for the benefit provided to the City in the reduction of street maintenance costs, improvements to other streets, and applicants development plan design to provide traffic circulation meeting the requirements of the Master Transportation Plan or other street plan acceptable to the City. The applicant is further required to replat all affected properties. SECTION 5. 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. SECTION 6. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for the efficient and effective administration of City affairs, 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 pass d and shall tak effect on first readin as an emergency measure this the 6( 7 day of �-Mx u � , 1937 . ATTEST: APPROVED: 2011 DAY OF (P64-4. , 19 7 HAL GEORGE, CITY ATTORNEY By ASs startrt City Attorney 08P.155.01 YOR THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of , 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, 99.045.01 Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik et41 Linda Strong ciA5 cb-/- 20038