HomeMy WebLinkAbout07678 ORD - 08/11/1965• 8/9/65 • �.
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AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
C RPUS CHR I SIT TO':OOHDEW UTILITY EASEMEN S AC OR SS A,
CERTAIN LOT, BEING LOT 12,_ROLLING_ACRES SUBDIVISION,
LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID EAS-
MENTS; IDENTIFYING THE RECORD TITLE OWNERS; SAID
CONDEMNATION BEING NECESSARY LQR PUBLIC SANITARY SEWER
AND OTHER PUBLIC UTILITY PURPOSES AND BEING WITHIN THE
CORPORATE LIMITS OF THE CIT OF CORPUS CHRISTI; DIREC -
�(JG THE GI�Y _4TT ITUTE CONDEMNATION PROCEEDINGS
TO CARRY OUT THE INTENTIONS OF THIS ORDINANC ; ANU DE-
CLARING _EMERGENCY.
,'WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, CERTAIN TRACTS OR PARCELS OF LAND WHICH ARE MORE
FULLY DESCRIBED HEREIN WHICH ARE NEEDED IN CONNECTION WITH THE TURKEY
CREEK TRUNK MAIN, DESIGNATED AS PROJECT NO. 250 -64 -36.7; AND
WHEREAS, THE SAID TURKEY CREEK TRUNK MAIN REQUIRES THE ACQUI-
SITION OF EASEMENTS FOR SANITARY SEWER AND OTHER MUNICIPAL PURPOSES, SAID
EASEMENTS CROSSING THE FOLLOWING PARCELS OR TRACTS OF LAND:
TRACT #1 BEING A TRACT OF LAND 20 FEET WIDE AND 22.0 FEET MORE OR LESS
IN LENGTH OUT OF LOT 12, ROLLING ACRES SUBDIVISION AS SHOWN
BY MAP OR PLAT OF RECORD IN VOLUME 10, PAGE 57, NUECES COUNTY,
TEXAS MAP RECORDS, SAID 20 FOOT BY 22 FOOT TRACT OF LAND MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT IN THE MOST SOUTHEAST BOUNDARY LINE OF
SAID LOT 12, AND THE NORTHWEST BOUNDARY LINE OF LOT 17, SAID
ROLLING ACRES SUBDIVISION, SAID POINT BEING N. 24° 201 0311
EAST, A DISTANCE OF 4.70 FEET FROM THE MOST SOUTHEAST CORNER
OF SAID�LOT 12;
THENCE N 890 041 4611 WEST A DISTANCE OF 5.70 FEET TO A POINT
IN THE SOUTHWEST BOUNDARY LINE OF SAID LOT 12, FOR THE SOUTH-
WEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N 49° 121 0411 WEST WITH THE SOUTHWEST BOUNDARY LINE
OF SAID LOT 12, A DISTANCE OF 31.19 FEET TO A POINT FOR THE
NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S 890 041 4611 EAST A DISTANCE OF 31.30 FEET TO A POINT
IN THE MOST SOUTHEAST BOUNDARY LINE OF SAID LOT 12, FOR THE
NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S 24° 201 0311 WEST WITH THE MOST SOUTHEASTERLY BOUNDARY
LINE OF SAID LOT 12, A DISTANCE OF 21.80 FEET TO THE PLACE OF
BEGINNING;
CONTAINING 440.08 SQUARE FEET OF LAND MORE OR LESS;
AND
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TRACT #2 BEING A TRIANGULAR TRACT OF LAND OUT OF LOT 12, ROLLING
ACRES SUBDIVISION AS SHOWN BY MAP OR PLAT OF RECORD IN
VOLUME 10, PAGE 57, MAP RECORDS OF NUECES COUNTY, TEXAS,
SAID TRIANGULAR TRACT OF LAND MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF SAID LOT 12;
THENCE NORTH WITH THE WEST LINE OF SAID LOT 12, AND THE
EAST LINE OF LOT 6, HIGHWAY VILLAGE AS SHOWN BY MAP OR PLAT
OF RECORD IN VOLUME '11, PAGE 59 -6o, NUECES COUNTY, TEXAS MAP
RECORDS, A. DISTANCE OF 14.86 FEET TO A POINT;
THENCE NORTH 64° YO' 14" EAST A DISTANCE OF 47.90 FEET TO A
POINT IN THE MOST WESTERLY SOUTHEAST BOUNDARY LINE OF SAID
LOT 12;
THENCE SOUTH 47° O1' 28° WEST, WITH THE MOST WESTERLY SOUTH-
EAST LINE OF SAID LOT 12, A DISTANCE OF 51.80 FEET TO A POINT;
THENCE WEST, WITH THE MOST SOUTHERLY LINE OF SAID LOT 12, A
DISTANCE OF 5.41 FEET TO THE PLACE OF BEGINNING;
CONTAINING 416.19 SQUARE FEET OF LAND MORE OR LESS;
AND
ALSO THE RIGHT TO USE THE LAND EXTENDING 20 FEET TO THE NORTH-
WEST AND 20 FEET TO THE SOUTHEAST OF THE ABOVE DESCRIBED EASE-
MENT DURING THE PERIOD OF CONSTRUCTION OF A SANITARY SEWER
LINE OR TO THE PROPERTY LINE WHERE LESS THAN 20 FEET EXISTS
BETWEEN THE EASEMENT AND THE PROPERTY LINE.
WHEREAS, RECORD TITLE OF SAID TRACTS OR PARCELS OF LAND APPEARS
TO BE IN THE FOLLOWING:
W. 6. WAYCHOFF AND WIFE, OPAL WAYCHOFF; AND -
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, 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 TRACTS OR PARCELS OF LAND
DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI, AND THAT SAID
PROPERTY BE ACQUIRED AS AN EASEMENT FOR SANITARY SEWER AND OTHER MUNICIPAL
PURPOSES 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
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INSTITUTED FOR THE PURPOSE OF ACQUIRING EASEMENTS FOR SANITARY SEWER AND
OTHER MUNICIPAL PURPOSES, SAID EASEMENTS AND PREMISES AS ABOVE DESCRIBED,
EXCLUDING MINERAL INTERESTS, FOR USE BY THE CITY FOR THE CONSTRUCTION OF
THE TURKEY CREEK TRUNK MAIN, WITHIN THE CITY LIMITS, AND OTHER MUNICIPAL
USES, AND TO CONDEMN THE EASEMENTS ABOVE DESCRIBED, EXCLUDING MINERAL
INTERESTS.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF-CORPUS CHRISTI IS
•
AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID PROPERTY,
AND AGAINST ALL PERSONS WHO APPEAR TO HAVE AN INTEREST THEREIN, AND TO PRO-
CEED WITH SAID CONDEMNATION SUIT TO ITS FINAL CONCLUSION AND TO OBTAIN
POSSESSION AND TITLE TO SAID PROPERTY FOR USE AS A SANITARY SEWER TRUNK MAIN.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCELS OR TRACTS OF
LAND HEREINABOVE DESCRIBED FOR THE TURKEY CREEK TRUNK MAIN, 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 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 AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE
//-'%' DAY OF AUGUST, 1965.
ATTES .
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Cl" SECRETARY
APP ED AS T LEGAL FORM THI
AY GUST, 1965:
1�utl /
I Y AT 0 fjA E/R
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
' CORPUS CHRISTI, TEXAS
DAY OF
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 '
CDR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MA S' Rx
THE CITY OF CORPUS CHRISTI, TEXAS t
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: _
DR. MCIVER FURMAN
JACK BLACKMON /
PATRICK J. DUNNE /
DR. P. JIMENEZ, JR. /[\
KEN MCDANIEL
BONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
• - RONNIE SIZEMORE
WM. H. WALLACE
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