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HomeMy WebLinkAbout07238 ORD - 05/20/1964JKN:5 -18 -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; DESIGNATING THE TITLE HOLDER; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY ON THE 18TH AND 19TH STREET CONNEC- TION TO MORGAN, WITHIN 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 18TH AND 19TH STREET CONNECTION TO MORGAN, DESIGNATED AS PROJECT No. 220- 56 -27; AND WHEREAS, THE SAID 18TH AND 19TH STREET CONNECTION TO MORGAN REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND: AND PARCEL NO. 6 A TRACT OF LAND APPROXIMATELY 30 FEET IN WIDTH AND APPROXIMATELY 145 FEET IN LENGTH OUT OF LOTS 10 AND 11, BLOCK 2, STEWART NEWMAN ADDITION TO THE CITY OF CORPUS CHRISTI AS SHOWN BY MAP OR PLAT OF RECORD IN VOL. 2, PAGE 35, MAP RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTI- CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTH CORNER OF SAID LOT 11 FOR A CORNER OF THIS TRACT; THENCE S. 27° 071 2011 E. WITH THE EAST BOUNDARY LINE OF SAID LOT 11 AT 139.91 FEET PASS THE MOST EASTERLY CORNER OF SAID LOT 11 IN ALL 157.83 FEET TO THE MOST EASTERLY CORNER OF SAID LOT 10 FOR A CORNER OF THIS TRACT; THENCE S. 28° 201 W. WITH THE NORTHWEST RIGHT OF WAY LINE OF RIGGAN STREET A DISTANCE OF 24.20 FEET TO A PANT FOR A CORNER OF THIS TRACT; THENCE IN A NORTHERLY DIRECTION WITH THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 10 FEET ANDA CENTRAL ANGLE OF 59° 201 4511 A DISTANCE OF 10.36 FEET TO A POINT; THENCE N. 31° Q01 4511 W. AT 50.63 FEET PASS THE NORTH LINE OF SAID LOT 10 IN ALL A DISTANCE OF 145.42 FEET TO A POINT IN THE NORTHWEST LINE OF SAID LOT 11 FOR A CORNER OF THIS TRACT; THENCE N. 28° 201 E. WITH THE NORTHWEST LINE OF SAID LOT 11, A DISTANCE OF 30.95 FEET TO THE PLACE OF BEGINNING; 7238 WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN MARY CATHERINE RIVERS; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO ACQUIRE THE AFORESAID TRACT OR PARCEL OF LAND BECAUSE OF TITLE DEFECTS; 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 OF -THE 18TH AND 19TH STREET CONNECTION TO MORGAN STREET 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 P. 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 CON- CLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE AS A CONNECTION OF 18TH AND 19TH STREET TO MORGAN. 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 18TH AND 19TH STREET CONNECTION TO MORGAN 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 -2- t" BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLU- TION OR ORDINANCE SHALL BE BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUS- PENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FRO✓✓��M AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF MAY, 1964. ATTEST: OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM THIS 9 DAY OF MAY, 1964: CITY ATTORNEY CORPUS CHRISTI, TEXAS pC. QJ DAY OF , �9� (• 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, 7VTHE 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 C.CJG M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE: JAMES L. BARNARD CL, JAMES H. YOUNG 2,1:5 \ JACK R. BLACKMON ) JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.