HomeMy WebLinkAbout06551 ORD - 06/13/1962r
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P AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS 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
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, CERTAIN LOTS OR PARCELS OF LAND WHICH ARE 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 PARCELS:
PARCEL No. 42, SECOND_ SECTION, WHICH CONSISTS OF:
LOT 3, BLOCK 17, HOME PLACE, AN!.ADDITION TO THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING MORE
FULLY DESCRIBED BY MAP OR PLAT THEREOF RECORDED IN
VOLUME A, PAGE 114,'MAP RECORDS OF NUECES COUNTY, TEXAS.
PARCEL NO. 52, SECOND SECTION, WHICH CONSISTS OF:
LOTS 13 AND 14, BLOCK 20, HOME PLACE, AN ADDITION TO
THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS.
PARCEL No. 55, SECOND SECTION, WHICH CONSISTS OF:
LOT 12, BLOCK 20, HOME PLACE ADDITION, AN ADDITION
TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS.
PARCEL No. 59, SECOND SECTION, WHICH CONSISTS OF:
LOT 10, BLOCK 20, HOME PLACE ADDITION, AN ADDITION
TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
BEING MORE FULLY DESCRIBED BY MAP OR PLAT OF RECORD
IN VOLUME A, PAGE 14, MAP RECORDS, 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:
PARCEL N0. 42: DIEGO SEGURA AND NUMEROUS OTHERS.
PARCEL N0.•52: JOSEPHINE DUARTE PENA AND NUMEROUS OTHERS.
PARCEL NO. 55: MARY BAKER ALLEN, A FEME SOLE, JOSEPHINE
DUARTE PENA AND OTHER CLAIMANTS INVOLVED
IN PARCEL N0. 52, ABOVE.
6551
PARCEL ND. 59: WALLIE CESNEROS AND WIFE, ROSA M. CESNEROS,
AND WILLIAM N. HUGHES, INDEPENDENT EXECUTOR
OF THE ESTATE OF LUTHER HUGHES, DECEASED;
AND
WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF
CORPUS CHRISTI, TEXAS, HAVING NEGOTIATED WITH THE RESPECTIVE OWNERS
AND CLAIMANTS OF PARCELS 52 AND 59 IN AN EFFORT TO ARRIVE AT AN AGREEMENT
WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF THE PROPERTIES DESCRIBED
ABOVE AND IN EACH CASE, THE CITY OF CORPUS CHRISTI, THROUGH ITS NEGOTIATORS,
HAS BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID LANDOWNERS AS TO
THE PRICE AND VALUE OF THE SAID LAND AND IMPROVEMENTS; THEREFORE, IT 15
NECESSARY THAT THE SAID PROPERTIES, AND EACH OF THEM, 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 NO. 42, ONE OF THE OWNERS OR
CLAIMANTS IS A MINOR WHO DOES NOT HAVE A GUARDIAN AND IS, THEREFORE,
UNABLE TO CONVEY PROPERTY TO THE CITY AND THE STATE, AND THE PARENTS OF
SAID MINOR HAVE MADE KNOWN TO THE CITY THAT THEY DO NOT INTEND TO HAVE A
GUARDIAN APPOINTED. 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 NO. 55, RECORD TITLE APPEARS TO
BE IN THE PERSON OF MARY BAKER ALLEN, INDIVIDUALLY AND AS A TRUSTEE UNDER
THE ESTATE OF NESTER J. BAKER, DECEASED. THE OWNERS AND CLAIMANTS OF
PARCEL N0. 52 ABOVE, THAT IS JOSEPHINE DUARTE PENA AND OTHERS, HAVE BEEN
IN POSSESSION OF SAID PROPERTY SINCE 1912, ACCORDING TO THEIR REPRESENTA-
TIONS, AND AS A RESULT OF THIS, IT CANNOT BE DETERMINED WHO HAS TITLE TO
SAID PARCEL No. 55 FOR PURPOSES OF NEGOTIATION; 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 ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE
INSTITUTED IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTIES DESCRIBED
-2-
ABOVE; PROVIDED, HOWEVER, THAT THERE IS EXCLUDED FROM SAID ESTATE TO BE CON-
DEMNED 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 HEREINABOVE 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, 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____2!�LDAY of JUNE, 1962.
ATTEST:
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CITY SECRETAR
APPROVED AS 0 LEGAL FORM T IS
__DAY OF JUNE , 1962:
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CITY ATTORNEY
MAYOR Pr0•TWq
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI TEXAS
D AY OF 9 19,
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.
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RESPECTFULLY,
MAYOR Pr0•Tan
THE CITY OF CORPUS CHRISTI, TEXAS
1
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWIN VOTES
.. • BEN F. MCDONALD
. • is
TOM R. SWANTNER
DR. JAMES L. BARNARD
` JOSE R. DELEON
s
M. P. MALDONADO
W. J. ROBERTS
s , JAMES H. YOUNG
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTES`] /�
BEN F. MCDONALD \ `
TOM R. SWANTNER iii
DR. JAMES L. BARNARD
JOSE R. DELEON tic
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
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