HomeMy WebLinkAbout021299 ORD - 12/03/1991AN ORDINANCE
CLOSING AND ABANDONING FOR ALL PURPOSES THE
FOLLOWING STREETS AND ALLEYS WHICH HAVE NOT BEEN
PREVIOUSLY CLOSED BY ORDINANCE NO. 295 PASSED
AUGUST 12, 1930 OR ORDINANCE NO. 719 PASSED MAY 28, 1937
WITHIN BROOKLYN ADDITION AS RECORDED IN VOLUME A
PAGES 30-32 OF THE MAP RECORDS NUECES COUNTY, TEXAS:
(1) PEARL STREET, EAST OF BLUNTZER STREET BETWEEN AND
ADJACENT TO BLOCKS 51 AND 52; (2) THE ALLEY WITHIN BLOCK
52; (3) TIMON BOULEVARD, EAST OF AND ADJACENT TO BLOCK
52; (4) BLUNTZER STREET, SOUTH OF PEARL STREET, BETWEEN
AND ADJACENT TO BLOCKS 51 AND 90; (5) THE ALLEY WITHIN
BLOCK 90; (6) MESQUITE STREET, SOUTH OF PEARL STREET,
BETWEEN AND ADJACENT TO BLOCKS 90 AND 97; (7) THE ALLEY
WITHIN BLOCK 97; (8) 10TH STREET, EAST OF F STREET, BETWEEN
AND ADJACENT TO BLOCKS 96 AND 97; (9) THE ALLEY WITHIN
BLOCK 96; AND (10) F STREET, WEST OF AND ADJACENT TO
BLOCKS 96 AND 97.
ALL AS SHOWN ON EXHIBIT A-1 AND A-2 ATTACHED HERETO
AND MADE A PART HEREOF;
CLOSING AND ABANDONING FOR ALL PURPOSES THAT PORTION
OF THE SEWAGE DISPOSAL RIGHT-OF-WAY NORTH OF
NAVIGATION BOULEVARD AS DESCRIBED IN VOLUME 221, PAGE
494 DEED RECORDS, NUECES COUNTY, TEXAS DATED
SEPTEMBER 8, 1936, SUBJECT TO CERTAIN CONDITIONS LISTED
HEREIN; AND DECLARING AN EMERGENCY.
WHEREAS, there exist streets and alleys in a 25.5556 acre tract owned by the
Port of Corpus Christi Authority, roughly bounded by Breakwater Avenue on the north,
Timon Boulevard on the east, Navigation Boulevard on the south, and Avenue F or F Street
on the west, all as shown on Exhibit "A-1" and "A-2", parts of which have previously been
closed by the City of Corpus Christi first by Ordinance No. 295 dated August 12, 1930, then
by Ordinance No. 719 dated May 28, 1937;
WHEREAS, there exists a sewage disposal easement on Port of Corpus Christi
Authority Property portions of which have been rendered unusable by the expansion of the
ship channel; as shown on Exhibit B, attached hereto and made a part hereof for all
purposes;
WHEREAS, the Port of Corpus Christi Authority owns 4.675 acres of land out
of the D. Martinez survey, as described by metes and bounds on Exhibits "C-1, C-2 and C-3"
attached hereto and made a part hereof for all purposes, upon which a portion of the City
of Corpus Christ's landfill is located;
021203 tagtaMED
WHEREAS, it would be advantageous to the Port of Corpus Christi Authority
to have said streets and alleys closed and to have the unusable portion of the sewage
disposal easement closed;
WHEREAS, it would be advantageous to the City of Corpus Christi to own the
4.675 acres shown on Exhibits "C-1, C-2, and C-3" upon which the landfill is located.
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 for all purposes the
following streets and alleys which have not been previously closed by ordinance No. 295
passed August 12, 1930 or Ordinance No. 719 passed May 28, 1937 within Brooklyn
Addition as recorded in Vol A Pages 30-32:
(1) Pearl Street, east of Bluntzer Street between and adjacent to blocks 51
and 52; (2) the alley within block 52; (3) Timon Boulevard, east of and
adjacent to block 52; (4) Bluntzer Street, south of Pearl Street, between and
adjacent to blocks 51 and 90; (5) the alley within block 90: (6) Mesquite
Street, south of Pearl Street, between and adjacent to blocks 90 and 97;(7) the
alley within block 97; (8) 10th Street, east of F Street, between and adjacent
to blocks 96 and 97; (9) the alley within block 96; and (10) F Street, west of
and adjacent to blocks 96 and 97.
All as shown on Exhibits "A-1 and A-2' ;
and that there is hereby closed and abandoned for all purposes that portion of the
sewage disposal right-of-way north of Navigation Boulevard as described in Volume 221,
Page 494 Deed Records, Records of Nueces County, Texas dated September 8, 1936, as
shown on Exhibit "B," subject to the following provisions:
1. The Port of Corpus Christi Authority transferring title to the
4.675 acres shown on Exhibit "C-1, C-2, and C-3" to the City of
Corpus Christi by Quit Claim Deed for consideration which
shall be stipulated to be equal to the fair market value of those
portions of the streets and alleys proposed to be closed herein;
and
2. Replatting the property at the Port of Corpus Christi Authority's
expense within 180 days of passage of this ordinance, provided,
however, the City Engineer may extend the time limit for an additional
180 days if extenuating circumstances outside the applicant's control
necessitate an extension.
AG5000.051.kp
SECTION 3. 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 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 granting the aforesaid zoning change, 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 upon first reading as an emergency measure this the day
of 1 Ai CC J'11 /U( , 1991.
A 11'LST:
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CITY SECRETARY
MAYO
CITY O ORPUS CHRISTI
APPROVED: /¢ DAY OF /f -fl thy, 1991
JAMES R. BRAY JR., CITY ATTORNEY
Assistant Ci Attorney
AG5000.051.kp
THE STATE OF TEXAS §
COUNTY OF NUECES §
METES AND BOUNDS DESCRIPTION (not based on surveys made on the ground) FOR
A 203,637.80 SQUARE FOOT (4.675 AC.) TRACT OF LAND OUT OF THAT CERTAIN
88.11 ACRE TRACT OF LAND, SITUATED IN THE EAST PORTION OF THE D.
MARTINEZ SURVEY NO. 420, A-857 AND DESCRIBED IN DEED RECORDED IN
VOLUME 1296, PAGE 909, OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS.
Beginning at a point on the west boundary line of said 88.11 acre tract at its intersection
with the north right-of-way line of a 60.00 foot wide road known as McKinzie Road
(formerly Hearns Ferry Road), for the southwest corner of this tract, from which point the
southeast corner of that certain 90.748 acre tract, also situated in said Survey 420, and
described in volume 1287, page 231 of the deed records of Nueces County, Texas, bears
South 00°10'50" East, a distance of 30.65 feet;
Thence, North 00°10'50" West, with the west boundary line of said 88.11 acre tract and the
east boundary line of said 90.748 acre tract, a distance of 1,842.56 feet, to a point, for the
northeast corner of said 90.748 acre tract and the northwest corner of this tract;
Thence, South 89°50'35" East, a distance of 75.00 feet, to a point, for the northeast corner
of this tract;
Thence, South 00°10'50" East, parallel to and 75.00 feet distant therefrom the west boundary
line of said 88.11 acre tract, a distance of 1,276.39 feet, to an angle point, for a corner of
this tract;
Thence, South 39°49'44" East, a distance of 195.90 feet, to an angle point, for a corner of
this tract;
Thence, South 00°10'50" East, parallel to and 200.00 feet distant therefrom the west
boundary line of said 88.11 acre tract, a distance of 456.66 feet, to a point on said north
right-of-way line of McKinzie Lane, for the southeast corner of this tract;
Thence, North 78°23'00" West, with said north right-of-way line, a distance of 204.32 feet,
to the PLACE OF BEGINNING and containing 203,637.80 square feet (4.675 ac.) of land.
EXHIBIT C-3
AG5000.051.kp
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Exhibit Al
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Survey
CORPUS CHRISTI
PUBLIC ELEVATOR
M. E. CARL TERMINAL
Sewoge Disposal
Easement to be
Closed
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COASTAL CORPORA/10f
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Exhibit B
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4.675 Acre
Acquisition
SUNTIDE
DREDGE MATERIAL
PLACEMENT AREA
Tu loso-Midway
Jr. School
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Exhibit C1
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12E1 - A 4,10175" ACRE
EASEMENt
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CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING
SERVICES
RIGOHTCEASEMENT ACQUISITION
o1 M* HICI11
DESCRIPTION: b• E• 1
PROJECT: \VEot41fl LANDMILI-
DATE: 6-/Z-/9qi SCALE: I''= 300' BY'
Exhibit C2
THE STATE OF TEXAS §
COUNTY OF NUECES §
METES AND BOUNDS DESCRIPTION (not based on surveys made on the ground) FOR
A 203,637.80 SQUARE FOOT (4.675 AC.) TRACT OF LAND OUT OF THAT CERTAIN
88.11 ACRE TRACT OF LAND, SITUATED IN THE EAST PORTION OF THE D.
MARTINEZ SURVEY NO. 420, A-857 AND DESCRIBED IN DEED RECORDED IN
VOLUME 1296, PAGE 909, OF THE DEED RECORDS OF NUECES COUNTY,
TEXAS.
Beginning at a point on the west boundary line of said 88.11 acre tract at its intersection
with the north right-of-way line of a 60.00 foot wide road known as McKinzie Road
(formerly Hearns Ferry Road), for the southwest corner of this tract, from which point the
southeast corner of that certain 90.748 acre tract, also situated in said Survey 420, and
described in volume 1287, page 231 of the deed records of Nueces County, Texas, bears
South 00°10'50" East, a distance of 30.65 feet;
Thence, North 00°10'50" West, with the west boundary line of said 88.11 acre tract and the
east boundary line of said 90.748 acre tract, a distance of 1,842.56 feet, to a point, for the
northeast corner of said 90.748 acre tract and the northwest corner of this tract;
Thence, South 89°50'35" East, a distance of 75.00 feet, to a point, for the northeast corner
of this tract;
Thence, South 00°10'50" East, parallel to and 75.00 feet distant therefrom the west boundary
line of said 88.11 acre tract, a distance of 1,276.39 feet, to an angle point, for a corner of
this tract;
Thence, South 39°49'44" East, a distance of 195.90 feet, to an angle point, for a corner of
this tract;
Thence, South 00°10'50" East, parallel to and 200.00 feet distant therefrom the west
boundary line of said 88.11 acre tract, a distance of 456.66 feet, to a point on said north
right-of-way line of McKinzie Lane, for the southeast corner of this tract;
Thence, North 78°23'00" West, with said north right-of-way line, a distance of 204.32 feet,
to the PLACE OF BEGINNING and containing 203,637.80 square feet (4.675 ac.) of land.
EXHIBIT C-3
AG5000.051.kp
Corpus Christi, Texas
day of L CQ A , 19 (i
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at
three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
The above ordinance was passed by the following vote:
Mary Rhodes
Cezar Galindo
Leo Guerrero
Betty Jean Longoria
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
045
YO
THE CI a F CORPUS CHRISTI
2
0212D3
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
Ad #54343
PO #
Before me, the undersigned, a Notary Public, this day personally
came Kerri Lesmeister, who being first duly sworn, according to
law, says that she is a Business Office Secretary of the Corpus
Christi Caller -Times, a daily newspaper published at Corpus
Christi in said County and State, generally circulated in
Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim
Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San
Patricio, Victoria, and Webb Counties, and that the publication
of NOTICE OF PUBLIC HEARING. THE CITY COUNCIL OF THE CITY OF
which the annexed is a true copy, was published in the Corpus
Christi Caller -Times on the 24th day of November 1991.
One Time(s)
iiket
Business Office Secretary
$ 47.25
Subscribed and sworn to before me this 6th day of
December , 1991.
OiLkbrca )t r,L1,itcLO
Notary Public, Nueces County, Texas
My commission expires on 4-24-93 .
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City Secretary
City of Corpus Christi c
NOTICE OF PUBLIC HEARING Mi
e
The City Council of the City du
of Corpus Christi, Texas will for
conduct a public hearing in Ca
the Council Chamber of City chi
Halle. 1201 Leopard, on the
Srd day of December, 1991, tics
during the Regular Council fiv
Meeting which commences at
2:00 p.m. to consider closing al,
and abandoning portions of
street and May rights-of-way
not previously closed in the
area bounded by U.S. High- ty
way 181, Navigation in
Boulevard, Avenue F. and ce
Breakwater Avenue: and the ac
closure of a portion of the a•
eeviage disposal right-of-way r
north of Navigation Soule- tf
yard.
At the specified time and be
place. all persons and parties dr
and/or their agents interested the
in the closure and abandon- d"Ment of Said property may prc
appear and be heard by the for
said City Council. bid
GIVEN UNDER MY HAND ee.
AND SEAL of the City of Cor- of
pus Christi, Texas, this the bi,
21st day of November, 1991. co
/s/ Armando Chapa sa
CC�ity'e�a W
�11•8A'11110
re,