HomeMy WebLinkAbout025113 ORD - 11/19/2002AN ORDINANCE
AUTHORIZING A RIGHT-OF-WAY EASEMENT TO THE
PUBLIC FOR DEDICATION OF RIGHT-OF-WAY THROUGH
PARKLAND KNOWN AS MOUNT VERNON PARK, NECESSARY
FOR THE MCARDLE ROAD STREET IMPROVEMENT
PROJECT, PHASE 3, (#6146), BOND ISSUE 2000, PROJECT NO.
C-6; AND DECLARING AN EMERGENCY.
WHEREAS, there is a need for a 10,576 square foot strip of land along certain parkland
adjacent to McArdle Road (Mt. Vernon Park), out of Mt. Vernon Subdivision Unit 3, recorded in
Volume 19 Page 84, Map Records Nueces County, Texas, to be used for a right-of-way easement
in connection with the McArdle Road Street Improvement Project; and
WHEREAS, a public hearing ~vas held on Tuesday, November 19, 2002, during a meeting of
the City Council, in the City Council Chambers, at City Hall, in the City of Corpus Christi,
during which all interested persons were allowed to appear and be heard; and
WHEREAS, as a result of the public hearing, it has been determined that there is no feasible or
prudent alternative to the use of the land and all reasonable planning efforts have been made to
minimize harm to the park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRIST1, TEXAS, THAT:
SECTION 1. Pursuant to Texas Parks and Wildlife Code Sections 26.001 and 26.002, Council
has made findings and it has been determined that there is no feasible or prudent alternative to
the use of the land and all reasonable planning efforts have been made to minimize harm to the
park.
SECTION 2. That the 10,576 square foot strip of land for a right-of-way easement along certain
parkland adjacent to McArdle Road (Mt. Vernon Park), out of Mt. Vernon Subdivision Unit 3,
recorded in Volume 19 Page 84, Map Records Nueces County, Texas, to be used in connection
with the McArdle Road Street Improvement Project, is hereby dedicated for the benefit of the
public in consideration of the sidewalk improvements to be made and general public park
benefit. A copy of the map and legal description is attached and incorporated by reference.
SECTION 3. That upon written request of the Mayor or five council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings so
that this ordinance is passed and takes effect upon first reading as an emergency measure this the
19th day of November, 2002.
ATTEST:
Armando Chapa 0
City Secretary
Legal form approved d/~,/~,,~, ¢,.,-/~', 2002
James R. Bray, Jr.
City Attorney
By: Joseph//~ey/?~
Assistant City Attorney
THE CITY OF CORPUS CHRISTI
~a~uel L. Neal,rJr7
Mayor
Corpus Christi, Texas
'- ~ day of /[?l'( /), 2002
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
two 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,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
METES AND BOUNDS DESCRIPTION
OF 0.2428 ACRES OF LAND
BEiNG 0.2428 acres (10,576 square feet) of land, more or less, out of Mt. Vernon
Park, Mt. Vernon - Unit 3 as recorded in Volume 19, Page 84 of the Map Records of
Nueces County, Texas said 0.2428 acre tract being more particularly described as
follows;
BEGINNING at a set 5/8 inch iron rod in the southwest line of McArdle Road for
the east comer of the aforesaid Mt. Vernon Park;
THENCE, with the southeast line of Mt. Vernon Park, S28°36'03"W at 11.00 feet
a found 5/8 inch iron rod for the north comer of Lot 2A, Padre Staples Mall, as recorded
in Volume 52, Page 125 of the Map Records of Nueces County, Texas in all 12.43 feet to
a set 5/8 inch iron rod in the common southeast line of Mt. Vernon Park and northwest
line of said Lot 2A;
THENCE, leaving said common line, N64°06'54"W 461.52 feet to a set 5/8 inch
iron rod in the common southeast line of Holmes Drive and northwest line of Mt. Vernon
Park;
THENCE, with a non-tangent curve to the left, said curve having a central of
00°03'53'', a radius of 3,807.83 feet and a chord bearing N28°37'59"E 4.30 feet, an arc
distance of 4.30 feet to a set 5/8 inch iron rod;
THENCE, with a tangent curve to the right, said curve having a central angle of
90°00'00'', a radius of 30.00 feet an a chord beating N73°36'03"E 42.43 feet, an arc
distance of 47.12 feet to a set 5/8 inch iron rod in the common northeast line of Mt.
Vernon Park and southwest line of McArdle Road;
THENCE, with said common line, S61°23'57"E 431.00 feet to the POINT OF
BEGINNING and containing 0.2428 acres of land, more or less.
NOTE:
Bearings are based on the Texas State Plane Coordinate System, South
Zone, NAD 1983.
Mic . '
Registered Professional Land
Texas No. 3589
(361)289-1385 .
Date
FND. LOT 2A
5/8" I.R.~/ PADRE STAPLES MALL L
,~ VOL. 52, PG~ 125 I-r'
/
, SEE D~AIL "A"~ LOT ~
~ ~"'v~'~''_ ~?~,~ ~ ~D ~ ~/ PADRE ST~LES
~ .......... ~ ~/ '~] M.R.N.C.T.
. / / UT. VERNON P~K
~=~?.85' %, / / ~.R;~.C.~:-'
~ ~ ~SEE D~AIL ~" ~
NOT[: S~ 5/8' IRON ROD AT A~ CORNERS
MT. ~RNON PARK ~,
MT. ~RNON-UNIT 3 ~=, ~"~ MEI-GOVIND
VOL ~9, P~ 84, ~H.C.T. s~ ~PUS ~m~. ~.,~ ~*(]st)2~-;~