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HomeMy WebLinkAbout05670 ORD - 02/17/1960JAW:JKH:2-76 -60 • AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A LEASEHOLD ESTATE HELD OR CLAIMED TO BE HELD BY TROY GRANT AND PAUL BOS ' INSOF R AS IT LRS CERTAIN LANDS OWNED IN FEE BY THE CITY, BEING MORE FULLY DESCRIBED HEREIN, SAID CONDEMNATION BEING NECESSARY FOR THE PROJECT OF WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY 9S WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DEC RI G AN EMERGENCY. WHEREAS, IT HAS BEEN DETERMINED BY THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS ACTING BY AND THROUGH THE STATE HIGHWAY COMMIS- SIONS THAT IT IS NECESSARY THAT A GRADE SEPARATION BE CONSTRUCTED ON STATE HIGHWAY N0. 9 APPROXIMATELY MIDWAY BETWEEN THE INTERSECTIONS OF STATE HIGHWAY NO. 9 WITH MCBRIDE LANE AND WITH SAVAGE LANES ALL OF WHICH PARTS OF STATE HIGHWAY NO. 9 ARE WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTG AND WHEREASs SAID GRADE SEPARATION REQUIRES THE WIDENING OF THE EXISTING STATE HIGHWAY NO. 9 RIGHT OF WAY FOR CONSTRUCTION OF FRONTAGE ROADS THEREON IN ACCORDANCE WITH THE CERTAIN PLANS JOINTLY APPROVED BY THE STATE OF TEXASS ACTING BY AND THROUGH THE STATE HIGHWAY COMMIS- SIONS AND THE CITY OF CORPUS CHRISTI BEING PROJECT N0. C- 74 -6 -37; AND WHEREAS, FEE TITLE TO SAID LANDS NECESSARY TO BE ACQUIRED IN THIS WIDENING PROJECT WERE ACQUIRED SUBJECT TO CERTAIN UNRECORDED EXISTING LEASEHOLD INTERESTS, WHICH SAID LEASEHOLD INTERESTS ARE NECESSARY TO BE ACQUIRED BY THE CITY OF CORPUS CHRISTI IN ORDER THAT THE SAID PROJECT MAY BE BEGUN AND COMPLETED; AND WHEREAS, TROY GRANT AND PAUL BOST ARE THE APPARENT HOLDERS OF A CERTAIN RECORDED LEASEHOLD ESTATE.WHICH HAS TO BE ACQUIRED IN CONJUNCTION AND FURTHERANCE OF THE SAID PROJECTS AND SAID PARTIES HAVING BEEN MADE A BONA FIDE AND FAIR OFEER FOR THE NECESSARY LEASEHOLD BUT HAVE WHOLLY REFUSED AND FAILED TO ACCEPT SAID BONAFIDE AND FAIR OFFERS AND THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREE- MENT WITH SAID PARTIES AS TO THE PRICE AND VALUE OF SAID LEASEHOLD 5670 ESTATE, IT HAS BECOME EXPEDIENT THAT SUCH BE ACQUIRED BY THE CITY THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR THE SAID PUBLIC PROJECT AND PURPOSE OF WIDENING AND IMPROVING A PORTION OF THE RIGHT OF WAY OF STATE HIGHWAY N0. 9 WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. INCONFORMITY WITH THE PREMISES, AND IN ACCORDANCE WITH THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DOES HEREBY ORDER AND DIRECT THE CONDEMNATION OF THAT CERTAIN LEASEHOLD ESTATE OWNED, HELD OR CLAIMED BY TROY GRANT AND PAUL BOST, INSOFAR AS A LEASEHOLD ESTATE IS HELD, COVERING, ON OR OVER THE FOLLOWING LOT, TRACT OR PARCEL OF LAND, TO -WIT: A TRACT OF LAND OUT OF THE JULIA MCBRIDE ROBINSON 22.76 ACRE TRACT BEING OUT OF SHARE E OF THE MCBRIDE PARTITION, NUECES COUNTY, TEXAS; BEGINNING AT A POINT IN THE SOUTH LINE OF STATE HIGHWAY N0. 9, SAID POINT BEARS S 88° 3 1 E, 688.45 FEET FROM THE NORTHWEST CORNER OF LOT 14, BLOCK "1 -A" WEST SIDE INDUSTRIAL DISTRICT A S SHOWN BY MAP OR PLAT OF RECORD IN VOL. 21, PAGE 26 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE S 01" 211 W, 31.96 FEET TO A POINT FOR A CORNER OF THIS SURVEY; THENCE S 640 391 W, 106.92 FEET TO A POINT FOR A CORNER OF THIS SURVEY; THENCE N 88* 391 W, 4.49 FEET TO A POINT FOR A CORNER OF THIS SURVEY; THENCE N 01° 211 E, 80 FEET TO A POINT IN THE SOUTH LINE OF STATE HIGHWAY N0. 9 FOR A CORNER OF THIS SURVEY; THENCE S W° 39' E ALONG THE SOUTH LINE OF STATE HIGHWAY N0. 9, 100.00 FEET TO THE PLACE OF BEGINNING, AND CON- TAINING 5,706 SQUARE FEET MORE OR LESS. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO CARRY OUT THE DIRECTION OF THIS ORDINANCE BY INSTITUTING CONDEMNATION PROCEEDINGS AGAINST SAID OWNERS, AND ANY OTHER PERSONS WHO MIGHT BE FOUND TO HAVE AN INTEREST THEREIN, CONDEMNING SAID LEASE- HOLD ESTATE, AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION, WITH THE INTENTION OF OBTAINING POSSESSION AND FULL TITLE TO SAID LEASEHOLD ESTATE SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT OF -2- WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY N0. 9 MAY BE COMMENCED AND COMPLETED. SECTION 3. THE PUBLIC IMPORTANCE OF SECURING ALL LEGAL INTERESTS IN THE RIGHT OF WAY NECESSARY FOR THIS PUBLIC PROJECT HERE - INABOVE DESCRIBED SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT MAY BE COMMENCED AND COMPLETED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND I%KE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE-LLD AY OF FEBRUARY, 196o. e-< L MAYOR ATTEST: THE CITY CORPUS C61 STI, TEXAS 1 S CITY SECRE TA R APPROVED AS TO LEGAL FORM THIS i r/ DAY OF FEBRUARY, 196o: CITY ATTORNEY CORPUS CHRISTI ERAS /DAY OF Vii—s' 19_�o TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE of THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY YOR THE Cl CORPUS CH 1 TIC TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLRoY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE; ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. •