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HomeMy WebLinkAbout06445 ORD - 03/07/1962JPR:JKH:2 -28 -62 IF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS cH RISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND; DESCRIBING THE SAME; DESIGNATING THE TITLE HOLDERS; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY FOR THE EXTENSION CONSTRUCTION AND I PR VE NT OF WILLOd STREET WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DE- CLARING 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 WHICH ARE NEEDED IN CONNECTION WITH THE EXTENSION, CONSTRUCTION AND IMPROVING OF WILLOW STREET, IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE SAID WILLOW STREET EXTENSION AND IMPROVEMENT PROJECT, KNOWN AS PROJECT NO. 220 -53 -22.4, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCELS OF LAND: PARCEL NO. 1 A TRACT OF LAND OUT OF LOT K OF THE TRAVIS SUB- DIVISION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. 13, PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT K, TRAVIS SUBDIVISION FOR A CORNER OF THIS TRACT; THENCE N. 28' 20' E. WITH THE WEST BOUNDARY LINE OF SAID LOT K, A DISTANCE OF 158.00 FEET TO THE NORTHWEST CORNER OF LOT K FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE S. 61° 4O' E. WITH THE NORTH BOUNDARY LINE OF SAID LOT K, A DISTANCE OF 50.00 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 28° 20' W. A DISTANCE OF 36.00 FEET TO A POINT; THENCE S. 22° 08' 56" W. A DISTANCE OF 122.71 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF SAID LOT K, FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N. 61° 40' W. WITH THE SOUTH BOUNDARY LINE OF SAID LOT K A DISTANCE OF 63.22 FEET TO THE PLACE OF BEGINNING, 6445 AND AND x PARCEL NO. 2 A TRACT OF LAND OUT OF LOT L, OF THE TRAVIS SUB - DIVISION,AN ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. 13, PAGE 21 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT L, TRAVIS SUBDIVISION, THE SAME BEING ON THE SOUTH RIGHT OF WAY LINE OF A 40 -FOOT STREET CALLED DALRAIDA STREET AND A COMMON CORNER BETWEEN LOT K AND SAID LOT L, FOR A CORNER OF THIS TRACT; THENCE S. 28* 20' W. WITH THE EAST LINE OF SAID LOT L, A DISTANCE OF 36.00' FEET FOR A CORNER OF THIS TRACT; THENCE N. 15° 10' E, A DISTANCE OF 36.97 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF DALRAIDA STREET FOR A CORNER OF THIS TRACT; THENCE S. 61° 40' E. WITH THE SOUTH RIGHT OF WAY LINE OF DALRAIDA STREET, A DISTANCE OF 8.42 FEET TO THE PLACE OF BEGINNING; WHEREAS, THE RECORD TITLE OF SAID LOTS OR PARCELS OF LAND APPEAR TO BE IN THE FOLLOWING PERSONS, TO -WIT: PARCEL N0. 1, J. 0. BURNETT AND WIFE, WILLIE BURNETT; AND PARCEL NO. 2, ROBERT B. VOGEL AND WIFE, RUTH VOGEL; AND WHEREAS, CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF SAID LOTS OR PARCELS OF LAND, AND DAMAGES, FOR THE TAKING THEREOF BY THE CITY; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID LOTS OR PARCELS OF LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI, AND THAT SAID TITLE BE AC- QUIRED IN FEE SIMPLE THROUGH THE EXERCISE OF THE CITY'S 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 -2- OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DOES HEREBY,ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE FOR PUBLIC STREET PURPOSES, AND TO CONDEMN THE FEE SIMPLE TITLE TO THOSE LOTS OR PARCELS OF LAND DESCRIBED ABOVE. SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID PROPERTIES, AND AGAINST ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUITS TO THEIR FINAL CONCLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTIES FOR USE AS STREET RIGHT OF WAY AS A PART OF WILLOW STREET IMPROVEMENTS PROJECT, NO. 220 -53 -22.4. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE OF THE LOTS OR PARCELS OF LAND HEREINABOVE DESCRIBED FOR USE AS STREET RIGHT OF WAY TO BECOME A PART OF WILLOW STREET IN THE CITY OF CORPUS CHRISTI, TEXAS, AS HEREINABOVE DESCRIBED AND PROVIDED, 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 THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE 7TH DAY OF MARCH, 1962. AT MAYOR O I THE CITY OF CORPUS CHRISTI, TEXAS CITY SECR E01Y APPROVED AS TO LEGAL FORM THIS DAY OF RCH, 1962: CITY ATTORNEY • CORPUS CHRISTI TEXAS AY OF l D TO THE WMBERS-OF THE CITY CWNCIL 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, WY-OR THE CITY OF CORPLIS CHRISTIp THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES BEN F. 14CDONALD Tom R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON {'A..P> MALOONADO W. J. ROBERTS JAMES H. YOUNG THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES BEN F. MCDONALO TOM R. SWANTNER DR. JAMES L. BARNARD JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS JAMES H. YOUNG