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HomeMy WebLinkAbout025114 ORD - 11/19/2002AN ORDINANCE AUTHORIZING A RIGHT-OF-WAY EASEMENT TO THE PUBLIC FOR DEDICATION OF RIGHT-OF-WAY THROUGH PARKLAND KNOWN AS LIONS 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 five (5') foot wide right-of-way easement along certain parkland adjacent to McArdle Road (Lions Park), out of Windsor Park Subdivision Unit 4, recorded in Volume 15 Page 18, Map Records Nueces County, Texas, to be used in connection with the McArdle Road Street Improvement Project; and WHEREAS, a public hearing was 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 CHRISTI, 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 five (5') foot wide right-of-way easement along certain parkland adjacent to McArdle Road (Lions Park), out of Windsor Park Subdivision Unit 4, recorded in Volume 15 Page 18, 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. 6251. i4 ATTEST: Arma~do Chapa City Secretary Legal form approved ~,/-'~'~4,~, //, 2002 James R. Bray, Jr. City Attorney BY: Joseph~aa~ey~ Assistant City Attorney THE CITY OF CORPUS CHRISTI ~amuel L. Nea ,i~Jr. ~/ Mayor Corpus Christi, Texas 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: l/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 I~.'~qeal, ~r., 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 0.0337 ACRES OF LAND BEING 0.0337 acres (1,466 square feet) out of Lions Park (formerly Lena Park) as recorded in Volume 15, Page 18 of the Map Records of Nueces County, Texas said 0.0337 acre tract being more particularly described as follows; BEGINNING at a set drill hole in concrete for the west comer of Lot 8A, King Square Addition as recorded in Volume 45, Page 32 of the Map Records of Nueces County, Texas in the southeast line of the aforesaid Lions Park, said drill hole being S28°36'03"W 323.00 feet from a found 5/8 inch iron rod for the north comer of said Lot 8A; THENCE, with said southeast line, S28°36'03"W 5.00 feet to a set "X" in concrete for the south comer of Lions Park in the northeast right of way line of McArdle Road; THENCE, with the common northeast right of way of McArdle Road and southwest line of Lions Park, N61°23'57"W 250.00 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°, a radius of 30.00 feet and a chord bearing N16°23'57"W 42.43 feet, an arc distance of 47.12 feet to a set 5/8 inch iron rod in the common southeast right of way line of Holmes Drive and northwest line of Lions Park; THENCE, leaving said common line, S61°23'57"E 5.00 feet to a set 5/8 inch iron rod; THENCE, with a non-tangent curve to the left, said curve having a central angle of 90°, a radius of 25.00 feet and a chord bearing S16°23'57"E 35.36 feet, an arc distance of 39.27 feet to a set 5/8 inch iron rod; THENCE, 5.00 feet from and parallel to the southwest line of Lions Park, S61 °23'57"E 250.00 feet to the POINT OF BEGINNING and containing 0.0337 acres of land, more or less. NOTE: Beatings are based on the Texas State Plane Coordinate System, South Zone, NAD 1983. Registered Professional Land Sur~7~._...~.°':?~}~ Texas No 3589 {361 )289-1385 ~~' ~..~'~ Date mD. LIONS PARK LOT 8A KINO SQUARE ADDmON LOCA~ON MAP P.O.B. SET DRILL HOLE IN CONC.' LIONS PARK WINDSOR PARK - UNIT FOUR VOL. 15, PG. 18 M.R.N.C.T. A=90'O0'O0" R=2S.O0' L=39.27' CH--S16'25'57"E 35.36'- / / / / / / / / / / / / / ~' ~./~.// R=30.O0' L=47.12' CH=-N 16'23'57"W 42.43' / / / ./ ! / / / / / / / / / / / / / / / / 0;0337 ACRES OUT OF LIONS PARK WINDSOR PARK - UNIT FOUR NOTE: SET 5/8" INCH IRON ROD UNLESS INDICATED OTHERWISE. MEI GOVIND