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Home My WebLink About06552 ORD - 06/13/1962JPR:JKH:6 -13 -62 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN EASEMENTS LOCATED IN CORPUS,CHRISTI, NUECES COUNTY, TEXAS, DESCRIBING SAID.EASEMENTS AND PROPERTIES TO BE AFFECTED THEREBY; IDENTIFYING THE RECORD TITLE OWNERS; STATING THE PURPOSE BEHIND SUCH CON- DEMNATION; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, PLANS AND SPECIFICATIONS HAVE BEEN PREPARED AND, APPROVED FOR PROJECT No. 295- 61 -32, WHICH IS ALSO KNOWN AS GREENWOOD DRIVE, HORNE ROAD TO LEXINGTON BOULEVARD, STORM SEWER PROJECT OF THE CITY OF CORPUS CHRISTI; AND : WHEREAS, SAID PROJECT REQUIRES THE ACQUISITION OF A PERMANENT EASEMENT FOR THE LOCATION, CONSTRUCTION, MAINTENANCE AND REPAIR OF A 51 X 51 CONCRETE SEWER BOX IN, ON, OVER, UNDER AND THROUGH THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND: A TRACT OF LAND 10 FEET IN WIDTH OUT OF LOT 9, SECTION E, PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT, AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. A, PAGE 28, MAP RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS -AS FOLLOWS: BEGINNING AT A POINT IN THE WEST BOUNDARY LINE OF SAID LOT 9, SAID POINT BEARS S. 00° 181 E. 118.73 FEET FROM THE NORTH CORNER OF SAID LOT 9; THENCE S. 61° 401 E. A DISTANCE OF 329.69 FEET TO A POINT; THENCE S. 780 531 E. A DISTANCE OF 355.51 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 9; THENCE S. 61° 401 E. WITH THE NORTHEAST BOUNDARY LINE OF SAID LOT 9, A DISTANCE OF 16.88 -FEET TO A POINT IN . THE NORTHWEST RIGHT OF WAY LINE OF GREENWOOD DRIVE; THENCE S. 28° 201 W. WITH THE NORTHWEST RIGHT OF WAY LINE OF GREENWOOD DRIVE A DISTANCE OF 5.23 FEET TO A POINT; THE N. 780 531 W. A DISTANCE OF 370.10 FEET TO A POINT; THENCE N. 61° 401 W. A DISTANCE OF 327.51 FEET TO - A POINT IN THE WEST BOUNDARY LINE OF SAID LOT 9; If THENCE N. OO° 181 W. WITH THE WEST BOUNDARY LINE OF SAID LOT 9, P.DISTANCE OF 11.30 FEET TO THE PLACE OF BEGINNING; 6552 AND WHEREAS, IN ORDER TO CONSTRUCT INITIALLY SAID 51 X 51 CON- CRETE SEWER BOX IN, ON, OVER, UNDER AND THROUGH THE 10 -FOOT WIDE EASEMENT DESCRIBED ABOVE, IT IS NECESSARY THAT THE CITY OF CORPUS CHRISTI ACQUIRE, IN ADDITION TO SAID PERMANENT EASEMENT, A TEMPORARY EASEMENT OVER THE LANDS ADJOINING SAID PERMANENT EASEMENT, SAID TEMPORARY EASEMENT BEING NEEDED FOR THE PURPOSE OF GIVING THE CONTRACTOR WHO CONSTRUCTS THE CON- CRETE SEWER BOX AN AREA IN WHICH TO WORK DURING SUCH CONSTRUCTION AND AN AREA IN WHICH TO STORE SUPPLIES, MATERIALS AND MACHINERY USED IN CONNECTION WITH SUCH CONSTRUCTION, AND THE LANDS TO BE COVERED BY SAID TEMPORARY EASEMENT BEING DESCRIBED AS FOLLOWS: TRACT ALL OF THAT PORTION OF A 30 FOOT STRIP OF LAND LYING SOUTH OF, ADJACENT AND PARALLEL TO THE ABOVE DESCRIBED 10 FOOT EASEMENT, INSOFAR AS THE SAME LIES WITHIN LOT 9, SECTION E, PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS. TRACT 2. ALL OF THAT PORTION OF A 30 FOOT STRIP OF LAND LYING NORTH OF, ADJACENT AND PARALLEL TO THE ABOVE DESCRIBED 10 FOOT EASEMENT, INSOFAR AS THE SAME LIES WITHIN LOT 9, SECTION E, PAISLEYS SUBDIVISION OF THE HOFFMAN TRACT, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND WHEREAS, THE RECORD TITLE TO SAID TRACTS OR PARCELS OF LAND APPEARS TO BE IN THE FOLLOWING PERSONS: ISABEL M. GONZALES, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX UNDER THE WILL OF JUAN GONZALES; ARNOLD M. GONZALEZ, ADOLFO M. GONZALEZ, MANUEL M. GONZALES, ALFONSO M. GONZALES, JOSE M. GONZALES, JUAN M. GONZALES AND ROSE M. GONZALES, ALL OF THE FOREGOING BOTH INDIVIDUALLY AND AS DEVISEES UNDER THE WILL OF JUAN GONZALES, DECEASED; AND WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI, TEXAS, HAVING NEGOTIATED WITH THE DEFENDANTS SET OUT ABOVE, IN AN EFFORT TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF THE EASEMENTS DESCRIBED ABOVE, AND THE -2- CITY OF CORPUS CHRISTI, THROUGH ITS NEGOTIATORS, HAS BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID LANDOWNERS AS TO THE PRICE OF THE SAID PROPERTY AND IMPROVEMENTS; THEREFORE, IT IS 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: NOId, 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 THE PERMANENT AND TEMPORARY EASEMENTS DESCRIBED ABOVE. SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID LANDS AND IMPROVEMENTS THEREON, IF ANY, AND ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNA- TION SUIT TO ITS CONCLUSION, AND TO OBTAIN A PERMANENT AND A TEMPORARY EASEMENT OVER SAID LANDS AS DESCRIBED ABOVE. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO ACQUIRE IMMEDIATE EASEMENT RIGHTS, FOR STORM SEWER PURPOSES, TO THE LANDS DESCRIBED ABOVE 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 DAY OF JUNE, 1962. AT ` MAYOR pro•Tem CITY SEC ETAS THE CITY OF CORPUS CHRISTI, TEXAS APPROVED A 0 LEGAL FORM T S On o OF JUNE, 1962: I TY A"OIRNEY CORPUS CHRIS TEXAS et DAY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE— " GOING ORDINANCE,yA 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, 4 MAYOR P,,_ THE CITY OF CORPUS CHRISTI, TEXAS �r THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWIN VOTE: ' ,i ! 'k BEN F. McDONALD •K 4� TOM R. SWANTNER DR. JAMES L. BARNARD t/ • JOSE R. DELEON .� • J .r�� wV M. P. MALDONADO �. W. J. ROBERTS V/ ~ JAMES H. YOUNG ,/ ~ THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ,t • BEN F. MCDONALD �• ' TOM R. SWANTNER DR. JAMES L. BARNARD ✓/ • '' •; JOSE?' R. DELEON M. P. MALDONADO � .+ W. J. ROBERTS s JAMES H. YOUNG IV s • ] ' 9;134) w r • 9 `i ' w K- M s •� J'a• tx�c .- N . F +flit