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HomeMy WebLinkAbout07705 ORD - 09/01/1965VMP:g -1 -65 • i AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECES- SARY FOR THE MIDTOWN TRAFFIC EXCHANGE, FOR PUBLIC STREET PURPOSES,,AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; AUTHORIZI'NG AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CON - DEMNATION PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CERTAIN LOTS OR PARCELS OF LAND WHICH ARE MORE FULLY DESCRIBED HEREIN AND WHICH ARE NEEDED IN CONNECTION WITH THE MIDTOWN TRAFFIC EXCHANGE; ANDS WHEREAS, THE SAID MIDTOWN TRAFFIC EXCHANGE PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCELS OR TRACTS OF LAND: PARCEL NO. 22 LOT N0. THREE (3) IN BLOCK N0. TWO (2) OF THE CHAPMAN ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY THE MAP OR PLAT THEREOF RECORDED IN VOLUME 1, PAGE 195 MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PERTINENT PURPOSES. PARCEL NO. 17 ALL THAT CERTAIN TRACT OF LAND SITUATED ON THE SOUTH BLUFF PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING ABOUT 75 x 269 FEET, OUT OF THE T STILLMAN TRACT AND A PART OF THE TRACT OWNED BY P. F. DUNN; SAID TRACT BEING METED AND BOUNDED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT NO. THREE (3), BLOCK No. Two (2), OF THE " CHAPMAN ADDITION'S TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OF SAID ADDI- TION ON FILE IN THE OFFICE OF THE COUNTY CLERK, FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE S. 80' 54, W. 269.65 FEET WITH THE NORTHERN BOUNDARY LINE OF LOTS 3 AND 4, BLOCK 2, CHAPMAN ADDI- TION, TO THE NORTHWEST CORNER OF SAID LOT NO. 4, FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N. 1° 481 WEST WITH THE EAST BOUNDARY LINE OF TANCAHUA STREET 75.08 FEET, FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE N. $O° 54' E. WITH THE N. BOUNDARY LINE OF SURVEY NO. 621, AS SAME APPEARS OF RECORD IN THE OFFICE OF THE COUNTY SURVEYOR OF NUECES COUNTY, TEXAS, OF WHICH SURVEY THIS TRACT IS A PART, 269.03 FEET FOR THE NORTHEAST CORNER OF THIS TRACT; /!o5 3 THENCE S. 2° 161 EAST WITH THE WEST BOUNDARY OF CARANCAHUA STREET, 75 FEET TO THE PLACE OF BEGINNING, BEING THE SAME PROPERTY CONVEYED BY C. N. PRUD014 AND WIFE, ANNA E. PRUDOM TO H. W. SCHAEFFER BY WARRANTY DEED DATED OCTOBER 3, 1919, RECORDED IN VOL. 127, PAGE 437, DEED RECORDS OF NUECES COUNTY, TEXAS; AND WHEREAS, RECORD TITLE OF THE AFORESAID PARCELS APPEAR TO BE IN THE FOLLOWING: HAZEL SCHAEFFER LANDA, ET AL; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS AS TO THE PRICE AND VALUE OF SAID LOTS OR PARCELS OF LAND, AND DAMAGES, FOR THE TAKING THERE- OF BY THE CITY; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID LOTS OR PARCELS OF LAND DESCRIBED ABOVE BE ACQUIRED BY THErCITY OF CORPUS CHRISTI, AND THAT SAID TITLE BE ACQUIRED IN FEE TITLE THROUGH THE EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE: _ NOVI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t. 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 INTEREST FOR USE BY THE CITY FOR THE MIDWAY TRAFFIC EXCHANGE AND OTHER MUNICIPAL PURPOSES WITHIN THE CITY LIMITS AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCELS OR TRACTS OF LAND EXCLUDING MINERAL INTEREST. 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 CONCLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE IN THE MIDWAY TRAFFIC EXCHANGE PROJECT AND FOR OTHER MUNICIPAL PURPOSES. -2- i SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACTS OR PARCELS OF LAND HEREINABOVE DESCRIBED FOR THE MIDWAY TRAFFIC EXCHANGE PROJECT AND OTHER MUNICIPAL PURPOSES AND FACILITIES WITHIN THE CITY LIMITS AS HEREIN - ABOVE 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND IMPERATIVE PUBLIC 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 SO ORDAINED, THIS THE DAY OF SEPTEMBER, 1965. I�V(7 MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS _DAY OF SEPTEMBER, 1965: CITY ATTO NEY l CORPUS CHRISTI, TEXAS DAY OF ig �J TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE - I'NGzORDINANCE, 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 DRDINANCE 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, � �! MAYOR THE THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE rZ DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE