HomeMy WebLinkAbout06444 ORD - 03/07/1962JPR:JKH:3 -5 -62
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AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE
CITY OF CORPUS CHRfSTI TO CONDEMN FEE TITLE TO
A CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES
COUNTY, TEXAS, DESCRIBING SAID PROPERTY, IDENTI-
FYING THE RECORD TITLE OWNER, SAID CONDEMNATION
BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A
PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS CHRISTI; 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, A CERTAIN LOT OR PARCEL OF LAND WHICH IS MORE
FULLY DESCRIBED HEREIN AS A PART OF THE CROSSTOWN EXPRESSWAY STREET
IMPROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND
WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT NO.
220 -56 -24, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE
FOLLOWING PARCEL:
PARCEL .n76 1ST SECTION ), WHICH CONSISTS OF:
BEING A PORTION OF LOT 1, BLOCK 4, SUTHERLAND'S
ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, BEING MORE FULLY DESCRIBED
BY MAP OR PLAT OF RECORD IN VOLUME 3, PAGE 51, MAP
RECORDS, NUECES COUNTY, TEXAS, SAID PORTION HEREIN
CONVEYED BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK
4, SUTHERLAND ADDITION, SAME BEING A POINT IN THE
EAST BOUNDARY LINE OF BROWNLEE BOULEVARD, SAID
POINT ALSO BEING N. 89° 31' 46" w., 5 .63 FEET
FROM THE NORTHEAST CORNER OF LOT ONE
1j;
THENCE S. 06° 32' 50" E., 151.13 FEET ALONG THE
PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY
286;
THENCE N. 890 31, 46" W., 18.46 FEET;
THENCE N. OO° 28' 14" E., 150.00 FEET TO THE PLACE
OF BEGINNING,
SAID PARCEL BEING NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND
WHEREAS, THE RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS
TO BE IN THE FOLLOWING PERSONS:
AND
PARCEL k,76, 1ST SECTION:
SOFIA VILLARREAL DE MARTINEZ, HECTOR MARTINEZ,
MINERVA MARTINEZ, EVANGELINA MARTINEZ AND PEDRO
MARTINEZ, JR.;
WHEREAS, THE CITY OF CORPUS CHRISTI HAS MADE A BONA FIDE
EFFORT TO AGREEMENT WITH THE LANDOWNERS UPON THE VALUE OF SAID LAND
j
AND TO ACQUIRE THE SAME BY CONVEYANCE, SAID LANDOWNERS DUE TO A DIS-
PUTE AMONGST THEMSELVES WITH RESPECT TO THEIR RELATIVE INTEREST, HAVE
NOT ANDCANNOT AGREE TO CONVEY SAID LAND TO THE CITY 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:
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 HEREBY ORDERS DIRECT. AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS
BE INSTITUTED IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTY
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 CONDEM-
NATION SUIT TO ITS CONCLUSIONS AND TO OBTAIN POSSESSION AND TITLE TO
THE SAID PROPERTY FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSSTOWN
EXPRESSWAY STREET IMPROVEMENT, PROJECT No. 220 -56 -244, 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
-2-
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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 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__7 DAY OF MARCH, 1962.
arrES .
AI
MAYOR CIT SECRE'AR THE CITY OF CORPUS CHRIS , TEXAS
APPRnVFD AS TO LEGAL FORM IS
FJ DAY OF MARCH, 1962:
CITY ATTORNEY
.r . .
G CORPUS CHRISTI, TEXAS R7 /r w
/ DAY OFs
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
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) I, 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,
1, /
THE CITY OF CORPUS CHRISTI, !T;
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
BEN F. MCDONALD
Tom R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTHER
DR. JAMES L. BARNARD
Jose R. DELEON
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG Qs-