Loading...
HomeMy WebLinkAbout07520 ORD - 03/17/196513JW:3/12/65 r AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS DESCRIBING SAID PROPERTY, IDENTIFY- ING THE RECORD TITLE OWNERS, LIENHOLDERS AND CLAIMANTS 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 a PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDI- NANCE; AND DECLARING AN EMERGENCY. 4 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 AS A PART OF THE CROSSTOWN EXPRSSWAY STREET IMPROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT NO. 220- 56 -24, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOW- ING PARCEL IN THE THIRD SECTION OF THE CROSSTOWN EXPRESSWAY: PARCEL #427 BEING A PORTION OF LOT 10, BLOCK 1, LEE ANN ESTATES, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING MORE FULLY DESCRIBED BY MAP OR PLAT IN VOL. 13, PAGE 11, MAP RECORDS, NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED SY,METES AND BOUNDS AS FOLLOWS: i BEGINNING ON THE PROPOSED WEST RIGHT OF WAY LINE OF I? STATE HIGHWAY #286 (RELOCATED) AND THE SOUTH LINE OF A FIFTY FOOT (501) STREET KNOWN AS LORITTE DRIVE, BEING ALSO THE NORTH BOUNDARY OF LOT TEN (10), BLOCK ONE (1), LEE ANN ESTATES; FROM WHICH THE NORTHERNMOST CORNER OF - SAID LOT TEN (10) BEARS N. 62° 04, 1211 E., 51.89 FEET ALONG SAID SOUTH LINE OF LORITTE DRIVE; THENCE S. 62° 041 1211 E., 8.11 FEET ALONG SAID SOUTH LINE TO THE COMMON BOUNDARY OF LOTS TEN (10) AND NINE ( 9 ) OF SAID BLOCK; THENCE S. 27° 551 11811 W., 14.54 FEET ALONG SAID COMMON BOUNDARY TO THE AFORESAID PROPOSED RIGHT OF WAY LINE; THENCE N. 01° 151 06" W., 16.63 FEET ALONG SAID PROPOSED LINE TO THE PLACE OF BEGINNING, \ WHICH PARCEL IS NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN THE FOLLOWING PERSONS: 7520 ADOLPH A. ALVAREZ AND WIFE, NATIVIDAD ALVAREZ, LINCOLN NATIONAL LIFE INSURANCE CO., JACK RYAN, AND THE VETERANS ADMINISTRATION; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO ACQUIRE THE AFORESAID PARCEL OF LAND BECAUSE OF TITLE DEFECTS; THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTIES, AND EACH OF THEM, BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS 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 PROPERTIES DESCRIBED ABOVE, PROVIDED HOWEVER, 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 OF INGRESS OR EGRESS, TO OR FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING, DEVELOPING, DRILLING OR MINING PF 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 APPEARING 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 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 HEREINBEFORE SET OUT CREATES A PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION -2- 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE DAY OF MARCH, 1965. ATTEST: �j✓f�)/J_ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY APPIjOV AS 0 LEGAL FORM T �_ DAY OF MARCH, 1965: f CITkAT R E CORPUS CHRISTI) TEXAS Al OF �9 C TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE,FOR_E_- 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; ly 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, MAYOR 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. WALLACEy JR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW ,VOTE: JAMES L. BARNARD JAMES H. YOUNG JACK R. BLACKMON JOSE R. DELEON M. P. MALDONADO W. J. ROBERTS W. H. WALLACE, JR.