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HomeMy WebLinkAbout07157 ORD - 02/17/1964l' 11 VMP:2/19/64 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; DESIGNAT- ING THE TITLE HOLDER; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY FOR THE SCHANEN DITCH, RELOCATED, WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE 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 LOT OR PARCEL OF LAND WHICH IS MORE FULLY DESCRIBED HEREIN WHICH IS NEEDED IN CONNECTION WITH THE SCHANEN DRAINAGE DITCH, RELOCATED; AND WHEREAS, THE SAID SCHANEN DRAINAGE DITCH, RELOCATED, PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCELS OR TRACTS OF LAND: PARCEL #3 A PORTION OF LOT FOUR (4) IN SECTION ELEVEN (11), BOHEMIAN COLONY LANDS, IN NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME 'A", PAGE 48, MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PERTINENT PURPOSES; BEING A PORTION OF THAT CERTAIN TRACT OF LAND CONVEYED BY E. M. BREZINA, ET AL, TO FREDERICK NEMEC, BY WARRANTY DEED DATED OCTOBER 7, 1948, RECORDED IN VOLUME 409, PAGE 593, DEED RECORDS OF NUECES COUNTY, TEXAS, THE TRACT HEREIN CONVEYED BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO —WIT: BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT,4, SECTION 11, BOHEMIAN COLONY LANDS, SAID POINT BEARS N 61° 321 W, 343.50 FEET FROM THE EAST CORNER OF SAID LOT 4; THENCE S 61° 391 W A DISTANCE OF 1553.24 FEET TO A POINT IN THE NORTHEAST RIGHT OF WAY LINE OF A 40 FOOT ROAD FOR A CORNER OF THE TRACT HEREIN CONVEYED; THENCE N 61° 321 W WITH THE NORTHEAST RIGHT OF WAY LINE OF SAID 0 FOOT ROAD A DISTANCE OF 201.24 FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN CONVEYED; THENCE N 73° 021 E A DISTANCE OF 22.02 FEET TO A POINT, SAID POINT BEING THE POINT OF CURVE OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 207.94 FEET AND A CENTRAL ANGLE OF 11' 231; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE ARC OF SAID CURVE A DISTANCE OF 41.34 FEET T6 THE POINT OF TANGENT TO SAID CURVE; THENCE N 61° 391 E A DISTANCE OF 1496.14 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 4 FOR A CORNER OF THE TRACT HERE[ N a CONVEYED; 7157 THENCE S 61' 321 E WITH THE NORTHEAST BOUNDARY LINE OF SAID LOT 4 A DISTANCE OF 191.18 FEET TO THE PLACE OF BEGINNING. CONTAINING 5.708 ACRES OF LAND; AND WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN ANNASTAZIE S. NEMEC, A WIDOW; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AS TO THE PRICE AND VALUE OF SAID LOT OR PARCEL OF LAND, AND DAMAGES, FOR THE TAKING THEREOF BY THE CITY; 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 INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE OF THE ABOVE DESCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTERESTS FOR USE BY THE CITY FOR THE CONSTRUCTION AND INSTALLATION OF THE DRAINAGE DITCH AND FACILITIES FOR THE DRAINAGE OF LANDS WITHIN THE CITY LIMITS AND OTHER MUNICIPAL USES AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PAR- CEL OR TRACT OF LAND EXCLUDING MINERAL INTEREST. 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 A DRAINAGE DITCH AS PART OF THE SCHANEN DRAINAGE DITCH, RELOCATED, PROJECT. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACT OF LAND HEREINABOVE DESCRIBED FOR THE CONSTRUCTION AND INSTALLATION OF A DRAINAGE DITCH AND FACILITIES FOR THE DRAINAGE OF LANDS WITHIN THE CITY LIMITS, AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY -2- 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 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 Lr; DAY OF FEBRUARY, 1964. ATTEST: v THE CITY OF CORPUS CHRISTI, TEXAS ��' vci�'- l CITY SECRETARY APPROVED AS TO LEGAL FORM THIS DAY OF FEBRUARY, 1964 CITY ATTORNEY CORPUS CHRISTI, TEXAS 4ZDAY OF : /i , 19 0 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, YOR 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.