HomeMy WebLinkAbout06823 ORD - 02/20/1963• JPR:AH:2 -19-63 t
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 CR055TOWN EXPRESSWAY, KNOWN AS PROJECT N0. 220- 56-24,
REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS:
BEGINNING AT A POINT IN THE NORTH BOUNDARY DF LOT
SEVEN (7), BLOCK NINE (9), BAY VIEW NO. 3, BEi NG ALSO
IN THE PROPOSED EAST RIGHT -OF -MAY LINE OF STATE HIGH-
WAY 286. WHENCE THE NORTHEAST CORNER OF SAID LOT SEVEN
(7) BEARS N. 85° 45' 38" E., 52.47 FEET;
THENCE, ALONG SAID PROPOSED EAST RIGHT -OF -WAY LINE
S. 12° 14, 20^ W., 52.14 FEET TO THE SOUTH BOUNDARY
OF SAID LOT SEVEN (7);
THENCE, ALONG SAID SOUTH BOUNDARY OF LOT SEVEN (7),
S• 850 45' 38" W., 64.74 FEET TO THE SOUTHWEST CORNER
OF SAID LOT SEVEN (7 );
THENCE, N. o4* 14v 22° W. 0.00 FEET TO THE NORTHWEST
�CORNER OF SAID LOT SEVEN \/;
THENCE, ALONG THE NORTH BOUNDARY OF SAID LOT SEVEN (7),
N. 850 45' 38° E., 79.53 FEET TO THE PLACE OF BEGINNING.
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:
AND
VICTORIANO HERNANDEZ, ET UX, OFILIA HERNANDEZ AND AVELINA
RAZO, A FEME SOLE;
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WHEREAS, THE CITY OF CORPUS CHRISTI HAS NOT BEEN ABLE
TO ARRIVE AT AN AGREEMENT WITH THE SAID PROPERTY OWNERS AS TO THE
PRICE AND VALUE OF THE PROPERTY DESCRIBED ABOVE AND HAS NOT TRIED
TO ACQUIRE SAID PROPERTY BY CONVEYANCE FROM SAID OWNERS FOR THE REASON
THAT ONE OF SAID PROPERTY OWNERS, TO —WIT, AVELINA RAZO IS NON COMPOS
MENTIS AND HAS NO LEGALLY APPOINTED GUARDIAN WITHIN THIS STATE AND,
THEREFORE, LACKS THE LEGAL COMPETENCY REQUIRED IN ORDER TO MAKE A VALID
CONVEYANCE OF SAID PROPERTY; 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, AND THAT AN
ATTORNEY AD LITEM BE APPOINTED TO REPRESENT SAID DEFENDANT, AVELINA RAZO:
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 ABOVE; PROVIDED, HOWEVER, THAT 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 CONDEMNA-
TION SUITS TO THEIR CONCLUSION, AND TO OBTAIN POSSESSION AND TITLE TO
THE SAID PROPERTIES FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSS-
TOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT N0. 220- 56 -24, MAY BE FURTHERED.
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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 RE-
QUIRING 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 44 C DAY OF FEBRUARY, 1963.
ATTEST:
MAYOR v
THE CITY OF CORPUS CHRISTI, TEXAS
CITY SECR TA
APPROVED AS TO LEGAL FORM THIS
_ ,_DAY OF FEBRUARY, 1963:
CITY ATlrORNIfY
n
CORPUS CHRISTI ERAS
_LPDAY OF y 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.
RESPECTFULLY,
MAYOR
THE CITY OF CORPUS CHRISTI, EXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON
M. P. W LDONADO
W. J. ROBERTS
JAMES H. YOUNG /L/
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIII G VOTE:
BEN F. MCDONALD
TOM R. SWANTNER
DR. JAMES L. BARNARD
JOSE R. DELEON dL-� 4
M. P. MALDONADO
W. J. ROBERTS
JAMES H. YOUNG
0
ORDINANCE NO.
r
AUTHORIZING EMINENT DOMAIN PRO-
CEED I NGS BY VE C I TY OF CORPUS
CHRISTI TO CONDEMN FEE TITLE TO
CERTAIN LOTS OR PARCELS OF LAND
LOCATED IN NUECES COUNTY, TEXAS,
DESCRIBING SAID PROPERTIESp
IDENTIFYING THE RECORD TITLE
OWNERS SAID CONDEMNATIONS BEING
i
NECESSARY FOR PUBLIC STREET PUR-
r
POSES AS A PART OF THE CROSSTOWN
n
EXPRESSWAY WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS
o
CHRISTI; DIRECTING THE CITY
v
ATTORNEY TO INSTITUTE CONDEMNATION
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PROCEEDINGS TO CARRY OUT THE IN-
TENTION OF THIS ORDINANCE; AND
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DECLARING AN EMERGENCY.
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CITY 0 CORPUS CHRISTI
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LEGAL DEPARTMENT