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Home My WebLink About07608 ORD - 06/16/1965BJw :6 /14/65 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN TRACT OR PARCEL OF LAND; DESCRIBING THE SAME; DESIGNATING THE TITLE HOLDERS; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY EASEMENT FOR TURKEY CREEK TRUNK MAIN, LINE 27 -A, WITHIN THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEED- INGS 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 TRACT OR PARCEL OF LAND WHICH IS MORE FULLY DESCRIBED HEREIN WHICH IS NEEDED IN CONNECTION WITH THE TURKEY CREEK TRUNK, LINE 27 -A, OESI�GN:ATED AS PROJECT NO. 2.5'50 -6,4 -3 :7i AND WHEREAS, THE SAID TURKEY CREEK TRUNK MAIN, LINE 27 -A, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND: PARCEL NO. .l A TRACT OF LAND 20 FEET IN WIDTH AND 543.1 FEET IN LENGTH OUT OF THAT CERTAIN 50-ACRE TRACT OFLAND CONVEYED BY DEED DATED 30 JULY 1901 AND RECORDED IN VOL. % PAGE 594, DEED RECORDS OF NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING 10 FEET EACH SIDE OF A CENTER- LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF SAID 50 -ACRE TRACT, SAID POINT BEING 277.8 FEET S. 44° 301 E. AND 174.3 FEET S. 56' 301 E. FROM THE NORTHWEST CORNER OF SAID 50-ACRE TRACT; THENCE S. 39° 441 W. A DISTANCE OF 543.1 FEET TO A POINT IN THE WEST LINE OF SAID 50-ACRE TRACT, SAID POINT BEING 187.0 FEET SOUTH ALONG THE WEST LINE OF SAID 50 -ACRE TRACT TO THE MOST EASTERLY NORTHEAST CORNER OF THE THOMAS SWANTNER 220.79 ACRE TRACT, AND ALSO THE RIGHT TO USE LAND EXTENDING 30 FEET WEST OF THE I 2O -FOOT UTILITY EASEMENT ABOVE DESCRIBED, MAKING A TOTAL OF 50 FEET DURING THE PERIOD OF CONSTRUCTION OF A SANITARY SEWER MAIN NOT TO EXCEED ONE YEAR FROM THE DATE OF THIS CONVEYANCE. WHEREAS, RECORD TITLE OF SAID TRACT OR PARCEL OF LAND APPEARS TO BE IN THE FOLLOWING: 1 7608 • 4 • JOAN VETTERS HENDERSON AND HUSBAND WILLIAM N. HENDERSON; KAY VETTERS PETERSON AND HUSBAND, JOHN R. PETERSON; ROSE MAE CABRIALS, A FEME SOLE; NICK P. ROS51 AND WIFE, VIVIAN M. ROSS'; EVELYN MAUDE GENTRY, A WIDOW; PEARL BRAUN, A WIDOW; VIOLET GERALDINE FAULK AND HUSBAND, JOHN M. FAULK; WILLIAM CLARENCE VETTERS AND WIFE JULIA SHOEMAKER VETTER5; JULIA SHOEMAKER VETTERS; WILLIAM LEWIS VETTERS., A MINOR; MARTHA SUE VETTERS, A MINOR; IRIS A. VETTERS, GUARDIAN OF THE PERSONS AND ESTATES OF WILLIAM LEWIS VETTERS AND MARTHA SUE VETTERS, MINORS; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO ACQUIRE THE AFORESAID TRACT OR PARCEL OF LAND BECAUSE OF TITLE DEFECTS AND FURTHER HAS BEEN UNABLE TO NEGOTIATE WITH THE OWNERS AS TO VALUE; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID TRACT 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 'I. 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 TURKEY CREEK TRUNK MAIN, LINE 27 -A, 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 CON- GLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE AS A -9- • SANITARY SEWER TRUNK MAIN. 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 TURKEY CREEK TRUNK MAIN, LINE 27 -A, WITHIN THE CITY LIMITS, AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS- PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLUTION OR ORDINANCE SHALL 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 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 50 ORDAINED THIS THE DAY OF JUNE, 1965- ATTEST: y // MAYO CITY ECRETARY THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO LEGAL FORM T 3 DAY OF JUNE, 1965: CITY ATTORNEf �/ CORPUS CHRISTI, TEXAS / Cn DAY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCES 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 MAYO THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWINGVOV�OCTEE: - DR. MCIVER FURMAN ' JACK BLACKMON J PATRICK J. DUNNE DR. P. DIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW' / VOTE: DR. MCIVER FURMAN r JACK BLA CK MON PATRICK J. DUNNE DR. P. JIMENEZ, JR. � "7- KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE V