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HomeMy WebLinkAbout06895 ORD - 05/01/1963JPR:JKH:4 -26 -63 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PLACES OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIB- ING SAID PROPERTIES, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATIONS 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. VHEREAS, 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 IM- PROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT ND. 220- 56 -24, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS: PARCEL 132, SECOND SECTION, WHICH CONSISTS OF: BEGINNING AT A POINT IN THE EAST BOUNDARY OF LOT 18, BLOCK 10, BAY VIEW NO. 3, BEING ALSO p IAN THE PROPOSED RIGHT OF WAY LINE OF STATE HIGHWAY 286, WHENCE THE NORTHEAST CORNER OF SAID LOT 18 BEARS N. 40 131 50" W. 93.07 FEET; p THENCE ALONG SAID EAST BOUNDARY OF LOT 18, S. 40 13' 50 E. 7.25 FEET TO THE SOUTHEAST CORNER OF SAID LOT 18, BEING ALSO A POINT IN THE NORTH LINE OF MORGAN AVENUE; THENCE ALONG SAID NORTH LINE OF MORGAN AVENUE, S. 85' 45' 47" w. `Y9.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 18, BEING ALSO A POINT IN THE PROPOSED WEST RIGHT OF WAY LINE OF STATE HIGHWAY 286; THENCE ALONG SAID PROPOSED (WEST RIGHT OF WAY LINE N -770 20' 57" E. 49.53 FEET TO THE PLACE OF BEGINNING. PARCEL 137, SECOND SECTION, WHICH CONSISTS OF: BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY OF LOT 18, BLOCK 1400, BAY TERRACE NO. 21 BEING ALSO THE INTERSECTION OF THE SOUTHWEST LINE OF SIXTEENTH STREET AND THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286, WHENCE THE MOST EASTERLYCORNER OF SAID LOT 18 BEARS S. 310 21' 01" E. 14.54 FEET; THENCE ALONG SAID PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 S. 79° 31. 16" w. 99.52 FEET TO A POINT IN THE SOUTHEAST BOUNDARY OF LOT 20, BLOCK 1400, BAY TERRACE N0. 2; THENCE ALONG SAID SOUTHEAST BOUNDARY OF SAID LOT 20, BEING ALSO THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 S. 58° 38' 59" W. 16.77 FEET; mm THENCE ALONG SAID PROPOSED EAST RIGHT OF WAY LINE S. 19" 02' 14^ w. 19.77 FEET TO A POINT IN THE SOUTHWEST BOUNDARY OF LOT 19, BLOCK 1400, BAY TERRACE N0. 2, SAID POINT BEING 12.39 FEET NORTH- WEST OF THE MOST SOUTHERLY CORNER OF SAID LOT 19; THENCE ALONG THE SOUTHWEST BOUNDARY OF LOTS 19, 20 AND 21, BLOCK 1400, BAY TERRACE No. 2, N. 31° 21' 01° w. 56.04 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 21, BEING ALSO A POINT IN THE SOUTH LINE OF MORGAN AVENUE; THENCE ALONG SAID SOUTH LINE OF MORGAN AVENUE, BEING ALSO THE NORTH BOUNDARY OF LOTS 21, 20 AND 19, BLOCK 1400, BAY TERRACE ND. 2 N. 85° 43' 24t1 E. 10.38 FEET TO THE MOST NORTHERLY EAST CORNER OF SAID LOT 193 BEING ALSO THE INTERSECTION OF SAID SOUTH LINE OF MORGAN AVENUE AND THE SOUTHWEST LINE OF SIXTEENTH STREET; THENCE ALONG SAID SOUTHWEST LINE OF SIXTEENTH STREET, BEING ALSO THE NORTHEAST BOUNDARY OF LOTS 19 AND 18, BLOCK 1400, BAY TERRACE ND. 2, S. 31° 21' 01" E. 15.00 FEET TO THE PLACE OF BEGINNING. PARCEL 183, SECOND SECTION, WHICH CONSISTS OF: LOT 2, BLOCK 3, SEGREST ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEINP MORE FULLY DESCRIBED BY MAP OR PLAT IN VOL. 6, PAGE 7 -8, MAP RECORDS OF 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: AND PARCEL 132: JAMES SANTIKOS AND WIFE, HELEN SANTIKOS PARCEL 187: JAMES SANTIKOS AND WIFE, HELEN SANTIKOS PARCEL 1&3: ANNETTE ALMAND AND HUSBAND, LUTHER J. ALMAND, JR., BERNARD LEE KEENEY AND MRS. PEARL MEEKS. WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI, TEXAS, HAVING NEGOTIATED WITH THE RESPECTIVE OWNERS AND CLAIMANTS OF PARCELS 132 AND 137 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 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; AND -2- • F1 E WHEREAS, IN THE CASE OF PARCEL NO. 183, ONE OF THE OWNERS IS A PERSON WHOSE WHEREABOUTS CANNOT BE DISCOVERED AFTER DUE DILIGENCE; THEREFORE THE NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI HAVE BEEN UNABLE TO CONDUCT NEGOTIATIONS IN AN EFFORT TO ACQUIRE THE PROPERTY BY CONVEYANCE. 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 SO THAT SUCH MISSING OWNER CAN BE CITED BY PUBLICATION: 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 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 N0. 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 EMER- GENCY 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 -3- 0 o BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUE5TED 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 IT PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE ^� OF 1963. ATTEST- R THE CITY OF CORPUS CHRISTI, TrXAS CITY SECRETARY APPROVED AS TO LE FORM THIS DAY OF��i��,/ ,1863; CITY ATT NEY • CORPUS CHRISTI, TEXAS 0 J-1 AY OF 19_L j 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; Is THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO - DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, / OR THE CITY OF CORPUS CHRISTI, TEXAS. THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.