HomeMy WebLinkAbout06984 ORD - 08/07/1963Mw 8/2/63
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE
CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO
A CERTAIN LOT OR PARCEL OF LAND; DESCRIBING THE
SAME; DESIGNATING THE TITLE HOLDER; DESIGNATING
SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE
RIGHT OF WAY FOR THE NAVIGATION BOULEVARD RIGHT
OF WAY PROJECT, PROJECT NO. 295- 61 -30, WITHIN
THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI;
DIRECTING THE CITY ATTORNEY TO INSTITUTE PRO-
CEEDINGS 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, A CERTAIN LOT OR PARCEL OF LAND WHICH IS MORE
FULLY DESCRIBED HEREIN WHICH IS NEEDED IN CONNECTION WITH THE NAVIGATION
BOULEVARD RIGHT OF WAY PROJECT, PROJECT ND. 295- 61 -30; AND ,
WHEREAS, THE SAID NAVIGATION BOULEVARD RIGHT OF WAY PROJECT
REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL
OR TRACT OF LAND:
PARCEL NO. 27
A TRACT OF LAND 20 FEET IN WIDTH AND 755.60 FEET IN
LENGTH OUT OF THAT CERTAIN 16 ACRE TRACT OF LAND CON-
VEYED TO GEORGE W. FRASER BY DEED DATED 8 AUGUST 1937,
OF RECORD IN VOL. 232, PAGE 591, DEED RECORDS OF NUECES
COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE PRESENT EAST RIGHT
OF WAY LINE OF NAVIGATION BOULEVARD (SAVAGE LANE) AND THE
NORTH BOUNDARY LINE OF SAID 16 ACRE TRACT CONVEYED TO
GEORGE W. FRASER FOR A CORNER OF THIS TRACT;
THENCE EAST WITH THE NORTH BOUNDARY LINE OF SAID 16
ACRE TRACT A DISTANCE OF 20.01 FEET TO A POINT FOR A
CORNER OF THIS TRACT;
THENCE S 1° 21' W PARALLEL TO AND 20 FEET EAST OF THE
PRESENT EAST RIGHT OF WAY LINE OF NAVIGATION BOULEVARD
(SAVAGE LANE) A DISTANCE OF 437.58 FEET TO A POINT;
THENCE IN A SOUTHWESTERLY DIRECTION WITH THE ARC OF 1A
CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 115.4+
FEET AND A CENTRAL ANGLE OF 7° 40, 4O° A DISTANCE OF
149.47 FEET TO A POINT;
THENCE IN A SOUTHERLY DIRECTION WITH THE ARC OF A
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 1115.44
FEET AND A CENTRAL ANGLE OF 7° 40' 40° A DISTANCE OF
149.47 FEET TO A POINT IN THE PRESENT EAST RIGHT OF WAY
LINE OF NAVIGATION BOULEVARD (SAVAGE LANE) FOR A CORNER
OF THIS TRACT;
THENCE N 1° 21' E WITH THE PRESENT EAST RIGHT OF WAY
LINE OF NAVIGATION BOULEVARD SAVAGE LANE) A DISTANCE
OF 755.60 FEET TO THE PLACE OF BEGINNING,
AND
WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS
TO BE IN THE FOLLOWING NAMED PERSONS: MARGRETTA KELL FRASER, ANNYE V.
WALL AND HUSBAND, E. L. WALL, MARGRETTA FRASER AND LORAINNE FRASER; AND
WHEREAS, THE REPRESENTATIVES OF THE CITY OF CORPUS CHRISTI
WERE NOT ABLE TO ACQUIRE THIS PROPERTY THROUGH NEGOTIATION DUE TO THE
FACT THAT THE SAME IS HELD BY AN ESTATE AND THE INDEPENDENT EXECUTRIX OF
SAID ESTATE NOW LACKS LEGAL CAPACITY TO CONVEY AND BECAUSE SAID INDEPENDENT
EXECUTRIX IS ALSO ONE OF THE OWNERS OF SAID PROPERTY IT IS, THEREFORE,
DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID LOT OR
PARCEL OF LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI,
AND THAT SAID TITLE BE ACQUIRED 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 OF
THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, DOES
HEREBY ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE IN-
STITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE FOR THE INSTAL-
LATION OF A STORM SEWER, AND FOR ROAD PURPOSES, AND TO CONDEMN THE FEE
SIMPLE TITLE TO THE AFORESAID PARCEL OR TRACT OF LAND.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID
PROPERTY, AND AGAINST ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN,
AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS FINAL CONCLUSION AND TO
OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE AS STORM SEWER RIGHT
OF WAY AND ROAD RIGHT OF WAY PURPOSES AS PART OF NAVIGATION BOULEVARD RIGHT
OF WAY PROJECT, No. 295- 61 -3o.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACTS OF
-2-
LAND HEREINABOVE DESCRIBED FOR THE INSTALLATION OF A STORM SEWER, AND FOR
ROAD PURPOSES IN THE CITY OF CORPUS CHRISTI, 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 RESOLU-
TION 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 SO ORDAINED, THIS
THE / n DAY OF AUGUST, 1963.
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K�YOR- 10 Tem
THE CITY OF C PUS CHRISTI, TEXAS
ATTEST:
l
CITY ECRETAR
APPROVED AS TO LEGAL FORM THIS
0�_ DAY OF AUGUST, 1963:
CITY ATTORNEY
s
1
CORPUS CHRISTI, TEXAS
TTTTTT�� �D AY OF 19 Y
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
COUNCILS I, 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 plo -Tem
THE CITY OF CORPUS CHRISTI, TEXAS.
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWI G VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO n•
W. J. ROBERTS
W. H. WALLACE, JR.
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLD G VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON p
JOSE R. DELEON
M. P. MALDONADO C� ,
W. J. ROBERTS
W. H. WALLACE, JR. �}i