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HomeMy WebLinkAbout07158 ORD - 02/19/1964I JKH: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 PARCEL OR TRACT OF LAND: AND PARCEL NO. 4 BEGINNING AT A POINT IN THE SOUTHWEST CORNER OF SAID LOT 5, SECTION 11, BOHEMIAN COLONY LANDS, SAID POINT BEARS N. 61° 32' W. 343.50 FEET FROM THE SOUTHEAST CORNER OF SAID LOT 5 FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN CONVEYED; THENCE N. 61' 39' E. AT 636.67 FEET PASS THE SOUTHEAST BOUNDARY LINE OF SAID LOT 5, AT 675.82 FEET TO THE POINT OF CURVE OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 367.96 FEET AND A CENTRAL ANGLE OF 16' 17' 31 "; THENCE IN A NORTHEASTERLY DIRECTION WITH THE ARC OF SAID CURVE A DISTANCE OF 52.67 FEET TO A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 2, SECTION 11, BOHEMIAN COLONY LANDS FOR THE NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. W 32' W. WITH THE NORTHEAST BOUNDARY LINE OF SAID LOTS 2 AND 5 A DISTANCE OF 173.71 FEET TO A POINT FOR THE NORTHWEST CORNER OF TRACT HEREIN DESCRIBED; THENCE IN A SOUTHWESTERLY DIRECTION WITH THE ARC OF A CIRCULAR CURVE TO THE RIGHT WHOSE CENTER BEARS N. 30' 35' 8" W 207.94 FEET AND WHOSE CENTRAL ANGLE IS +2' ,4' 38 ", A DISTANCE OF 8.14 FEET TO THE POINT OF TANGENT TO SAID CURVE; THENCE S. 61' 39' W. A DISTANCE OF 780.+5 FEET TO A POINT IN THE SOUTHWEST BOUNDARY LINE OF SAID LOT 11 FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN CONVEYED; THENCE S. 61' 32' E. WITH THE SOUTHWEST BOUNDARY LINE OF SAID LOT 11, A DISTANCE OF i9i.i8 FEET TO THE PLACE OF BEGINNING; 7158 WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN RUDOLF POLASEK, JR.; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNER 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 PARCEL OR TRACT OF LAND, EXCLUDING MINERAL INTERESTS. 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 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 -2- DECLARED THAT SUCH PUBLIC EMERGENCY AND 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 DAY OF FEBRUARY, 1964. ATTE r, er / THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRE ARY APPROVED AS TO LEGAL FORM THIS Iq DAY OF FEBRUARY, 1964: r CITY TORNEY CORPUS CHRISTI, TEXAS AY OF �9J• 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 8USPENtI0N 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, 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 FOLLOWI G VOTE: JAMES L. BARNARD ✓/ JAMES H. YOUNG rd JACK R. BLACKMON Oka JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS ' W. H. WALLACE, JR.