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Home My WebLink About06440 ORD - 02/28/1962JPR:BB:2 -27 -62 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF US CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTIES, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATIONS BEING NECES- SARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF IS I; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CERTAIN LOTS OR PARCELS OF LAND WHICH ARE MORE FULLY DESCRIBED HEREIN AS A PART OF THE CROSSTOWN EXPRESSWAY STREET IMPROVE- MENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT N0. 220- 56 -24, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS: PARCEL #9 (2ND SECTION), WHICH CONSISTS OF: PORTION OF LOT 2, BLOCK S, HOME PLACE ADDITION BEING MORE FULLY DESCRIBED BY METES AND BOUNDS DESCRIPTION BELOW: BEGINNING AT A POINT IN THE WEST BOUNDARY OF 16TH STREET, AND BEARING S 01° 30' 52" E .' 46.07 FEET FROM THE NORTHEAST CORNER OF LOT 1, BLOCK O, HOME PLACE ADDITION, SAID POINT BEING ALSO IN THE PRO- POSED WEST RIGHT -OF -WAY LINE OF STATE HIGHWAY 256; THENCE, CONTINUING S. 01° 30' 52" E., 12.70 FEET ALONG WEST BOUNDARY OF 16TH STREET; THENCE S 88° 29' 08" W -, 5.13 FEET ALONG A PROPERTY LINE 19.5 FEET FROM AND PARALLEL TO THE SOUTH LINE OF LOT 1, SAID BLOCK, TO A POINT IN THE AFORESAID PROPOSED LINE; THENCE N 23° 29' 59" E., 13.70 FEET ALONG SAID PRO- POSED LINE TO THE PLACE OF BEGINNING. PARCEL #16 (2ND SECTION), WHICH CONSISTS OF: TRACT I THE NORTH 4 FEET OF THE WEST 50 FEET OF LOT 4, AND THE SOUTH 6 FEET OF THE WEST 50 FEET OF LOT 3, BLOCK 12, HOME PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; TRACT II THE NORTH 6 FEET OF THE EAST 40 FEET OF LOT 4, AND THE SOUTH 6 FEET OF THE EAST CFO FEET OF LOT 3, BLOCK 12, HOME PLACE, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. 0 PARCEL #91 (2ND SECTION), WHICH CONSISTS OF: THE E. 57 FEET OF LOTS 9 AND 10, BLOCK 7, BAY VIEW No. 3, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. PARCEL #1017 (2ND SECTION), WHICH CONSISTS OF: LOT 3, BLOCK 7, BAY VIEW NO. 3, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL OF WHICH PARCELS ARE NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND WHEREAS, THE RECORD TITLE OF SAID LOTS OR PARCELS OF LAND APPEARS TO BE IN THE FOLLOWING PERSONS: �t PARCEL #9, DORA C. LONG AND OTHERS; PARCEL #16, CHARLES E. FLANNERY; PARCEL 01, FELIX S. PUMAREJO AND OTHERS; PARCEL #1017, LENORA L. SHERMAN; AND WHEREAS, IN THE CASE OF PARCEL #9, THE CITY OF CORPUS CHRISTI IS UNABLE TO NEGOTIATE DUE TO THE FACT THAT THERE IS A TITLE DISPUTE INVOLVED WHICH MAKES IT IMPOSSIBLE FOR THE REPRESENTATIVES OF THE CITY OF CORPUS CHRISTI TO KNOW WHO ARE THE PROPER PARTIES WITH WHOM TO NEGOTIATE AS TO THE PRICE AND VALUE OF THE SAID LAND; THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTY BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE; AND WHEREAS, IN THE CASE OF PARCEL #16, THE CITY OF CORPUS CHRISTI IS UNABLE TO NEGOTIATE FOR THE REASON THAT THE RECORD TITLE TO SAID PROPERTY IS IN THE NAME OF CHARLES E. FLANNERY, AND, AFTER DUE DILIGENCE, HIS WHEREABOUTS CANNOT BE DETERMINED BY REPRESENTATIVES OF THE CITY OF CORPUS CHRISTI; THERE- FORE, IT IS NECESSARY THAT THE SAID PROPERTY BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE; AND WHEREAS, IN THE CASE OF PARCELS #91 AND #1017, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF THE SAID LAND AND IMPROVEMENTS THEREON; THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTIES BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IN ACCORDANCE WITH THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DOES -2- HEREBY ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE INSTITUTED IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTIES DESCRIBED ABOVE, PROVIDED HOWEVER, THERE IS EXCLUDED FROM SAID ESTATE TO BE CONDEMNED ALL OF THE OIL, GAS AND SULPHUR WHICH CAN BE REMOVED FROM BENEATH THE SAID LAND WITHOUT ANY RIGHT WHATEVER REMAINING TO THE OWNERS OF SUCH OIL, GAS AND SULPHUR OF INGRESS OR EGRESS, TO OR FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING, DEVELOPING, DRILLING OR MINING OF THE SAME. SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID PROPERTIES AND IMPROVEMENTS THEREON, IF ANY, AND ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUITS TO THEIR CONCLUSION, AND TO OBTAIN POSSESSION AND TITLE TO THE SAID PROPERTIES FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSSTOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT NO. 220- 56 -24 MAY BE FURTHERED. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE FOR ROAD RIGHT OF WAY PURPOSES TO THE ABOVE DESCRIBED PROPERTIES HEREINBEFORE SET OUT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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, RAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE At DAY OF FEBRUARY, 1962. ATTEST: L q� t- CITY SECRET Y� APPROVED AS TO LEGAL FORM THIS .1 7 DAY OF FEBRUARY, 1962: CITY 1- TTORNEY MAYOR THE CITY OF CORPUS CHRISTI, ERAS • - • CORPUS CHRISTI, TEXAS DAY Of 19� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI$ TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION 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 REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED,, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, "MAYOR THE CITY OF CORPUS CHRISTI, THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. MCDONALD Tom R. $WANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO dP W. J. ROBERTS JAMES H. YOUNG afelz THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES BEN F. MCDON ALD TOM R. $WANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONAD LDONADO W. J. ROBERTS JAMES H. YOUNG r�