HomeMy WebLinkAbout07000 ORD - 08/14/1963JPR:JKH:8 -12 -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 LOCATED IN NUECES COUNTY, TEXAS,
DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE
OWNERS, SAID CONDEMNATION 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.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, A FRACTIONAL ONE- TWENTY -FIFTH UNDIVIDED INTEREST IN
AND TO CERTAIN LOTS, PARCELS OR TRACTS 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 N0. 220 -56 -214,
REQUIRES THE ACQUISITION OF FEE TITLE IN AND TO THE FOLLOWING PARCEL DESCRIBED
AS FOLLOWS:
A 125 UNDIVIDED INTEREST IN AND TO A PORTION OF LOTS 5
AND 6, BLOCK 16, HOME PLACE ADDITION, AN ADDITION TO THE
CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING MORE
FULLY DESCRIBED BY MAP OR PLAT IN VOL. A, PAGE 14, 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 SOUTH BOUNDARY OF LOT 6, BLOCK 16,
HOME PLACE ADDITION, BEING ALSO IN THE PROPOSED WEST RIGHT OF
WAY L-INE OF STATE HIGHWAY 286, WHENCE THE SOUTHWEST CORNER OF
SAID LOT 6, BEARS S. 88° 29' 27" W., 33.62,FEET;
THENCE, N. 9" 52' 55" E., 86.36 FEET WITH SAID PROPOSED WEST
RIGHT OF WAY,LINE TO,THE NORTH BOUNDARY OF LOT 5, BLOCK 161
HOME PLACE ADDITION;
THENCE, N. 880 29' 27" E., 69.31 FEET WITH SAID NORTH BOUNDARY
OF LOT 5 TO THE NORTHEAST CORNER OF SAID LOT 5;
THENCE, S. 1. 30' 33" E. 8+.66 FEET WITH THE EAST BOUNDARY OF
SAID LOTS 5 AND 6, BLOCK 16, TO THE SOUTHEAST CORNER OF SAID
LOT 6;
THENCE, S. 88° 291 27" W., 86.38 FEET WITH THE SOUTH BOUNDARY OF
SAID LOT 6 TO THE PLACE OF BEGINNING;
WHICH PARCEL IS NEEDED FOR RIGHT OF WAY FOR SAID PROJECT; AND
WHEREAS, THE RECORD TITLE TO SAID PARCEL OF LAND APPEARS TO BE IN
THE FOLLOWING PERSONS:
0®®®
JOHN MIRCOVICH, JR., SIMON MIRCOVICH, ARNOLD MIRCOVICH,
RUDOLPH MIRCOVICH, ESPERANZA M►RCOVICH SAMANO AND ALICIA
G. CANTU, INDIVIDUALLY AND AS INDEPENDENT EXECUTRIX OF
THE ESTATE OF ANGELITA M. GUTIERREZ, DECEASED;
AND
WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF
CORPUS CHRISTI, TEXAS, HAVE CONTACTED JOHN MIRCOVICH, JR., SIMON MIRCOVICH,
ARNOLD MIRCOVICH, RUDOLPH MIRCOVICH, ESPERANZA MIRCOVICH SAMANO AND ALICIA
G. CANTU IN AN EFFORT TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AND
SAID NEGOTIATORS HAVE BEEN SUCESSFUL IN ACQUIRING A CONTRACT FROM SAID
OWNERS WITH RESPECT TO A 24/25 UNDIVIDED INTEREST IN SAID PROPERTY, BUT
HAVE BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH THE OWNERS AND CLAIMANTS
AS TO THE OTHER 125 INTEREST FOR THE REASON THAT JOHN MIRCOVICH, JR.,
SIMON MIRCOVICH, ARNOLD MIRCOVICH AND RUDOLPH MIRCOVICH DISPUTE THE CLAIM
OF ALICIA G. CANTU AND ESPERANZA MIRCOVICH SAMANO TO SAID 1 /125 INTEREST
AND DO REFUSE TO JOIN SAID CLAIMANTS IN A CONVEYANCE OF SAID INTEREST;
THEREFORE, IT IS NECESSARY THAT SAID INTEREST BE ACQUIRED BY THE CITY OF
CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POLICE 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 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 OR 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 15
HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID
-2-
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 FR M AND AFT �TS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS
THE � OF �� �, 1963.
THE CITY OF CORPUS CHRISTI, TEXAS
APP VED AS TO LEGAL FORM THIS
5� DAY OF, AUGUST, 1963:
CITY AT 0 NEY
CORPUS CHRISTI, TEXAS
`1'DAY OF , 19.a
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 INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
zzf�-
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 G VOTE*
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
' W. H. WALLACE, JR. /