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HomeMy WebLinkAbout07430 ORD - 12/09/1964.` VMP:12 -7 -64 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO i A CERTAIN LOT OR PARCEL OF LAID LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CON- DEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF COR- PUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, 17 IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A PORTION OF A LOT, PARCEL, OR TRACT OF LAND WHICH IS MORE FULLY DESCRIBED HEREIN AS A PART OF THE CROSSTOWN EXPRESS- WAY STREET IMPROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND ' WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT N0.220- 56 -24, REQUIRES THE ACQUISITION OF FEE TITLE IN AND TO THE FOLLOWING PARCEL DESCRIBED AS FOLLOWS: BEGINNING AT THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED) AND THE WESTERN BOUNDARY OF LOT THREE 0), BLOCK THREE (3), OF THE LEE ANN ESTATES, BEING S. 27° 591 31 ",W., 65.89 FEET ALONG SAID WESTERN BOUNDARY FROM THE NORTHERNMOST CORNER OF SAID LOT THREE (3); THENCE S. O1° 151 06" E., 41.11 FEET ALONG THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED) TO THE NORTH LINE OF A FIFTY FOOT (501) CITY STREET KNOWN AS ANDREWS DRIVE, THE SOUTHERN BOUNDARY OF SAID LOT THREE•(3); THENCE N. 62° 001 291, W., 20.08 FEET ALONG THE NORTH LINE OF ANDREWS DRIVE TO THE WESTERNMOST CORNER OF SAID LOT THREE (3); THENCE N. 27° 591 31" E.,'35.87 FEET ALONG THE WESTERN BOUNDARY OF SAID LOT THREE (3) 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 PERSON: IVA LEE BULL, A FEME SOLE; AND r '/_ _ WHEREAS, DULY APPOINTED NEGOTIATORS REPRESENTING THE CITY OF CORPUS CHRISTI, TEXAS, HAVING NEGOTIATED WITH THE OWNER AND CLAIMANT OF SAID PARCEL IN AN EFFORT TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNER 7430 AS TO PRICE AND VALUE OF THE PROPERTY DESCRIBED ABOVE, AND SAID NEGOTI- ATORS HAVE BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH THE OWNER AND CLAIMANT AS TO THE PRICE AND VALUE OF SAID LAND AND IMPROVEMENTS; THERE- FORE, IT IS NECESSARY THAT SAID PROPERTY 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 INSTITUTED IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTY DE- SCRIBED 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 IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID 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 PROPER- TIES FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSSTOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT ND. 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 -2- f� � 4 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 FROM AND AF� ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE .' OF ,0, , 1964. ATTEST: ;l" /CZ, THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPROVED AS TO LEGAL FORM THI gDAY OF DECEIVER, 1964: CITY ATTORWEY J4' CORPUS CHRISTI, TEXAS (/ / DAY OF�`''� -C, �94L 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, THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE% JAMES L. BARNARD .JAMES H. YOUNG JACK R. BLACKMON L JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR. THE ABOVE ORDINANCE WAS PASSED BY THE F El JAMES L. BARNARD JAMES H. YOUNG C� JACK R. BLACKMON JOSE R. DELEON d/ M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.