HomeMy WebLinkAbout07742 ORD - 10/06/1965BJW:10/5/65
AN ORDINANCE
Al
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS- CHRISTI TO CONDEMN-FOR DRAINAGE EASEMENT AND
OTHER MUNICIPAL PURPOSES A CERTAIN PARCEL OF LAND,
BEING DESIGNATED AS PARCEL NO. 5, THOMPSON ROAD, WILLIAMS
" DITCH, LEXINGTON ROAD TO STAPLES - STREET PROJECT NUMBER
295- 61 -17, LOCATED IN NUECES COUNTY, TEXAS, MORE FULLY
HEREINAFTER DESCRIBING SAID PARCEL; IDENTIFYING THE RECORD
TITLE OWNERS; SAID CONDEMNATION BEING NECESSARY FOR A
DRAINAGE EASEMENT AND OTHER MUNICIPAL PURPOSES AND BEING
WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO-
` CEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE;
AND DECLARING AN EMERGENCY.
WHEREAS, ii,T IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, A CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL
No. 10, THOMPSON ROAD, WILLIAMS DITCH, LEXINGTON ROAD TO STAPLES STREET
PROJECT No. 295- 61 -17, WHICH PARCEL OF LAND IS MORE FULLY DESCRIBED HERE-
INAFTER AND WHICH PARCEL OF LAND IS NEEDED IN CONNECTION WITH SAID AFORE-
MENTIONED PROJECT; AND
WHEREAS, THE SAID THOMPSON ROAD, WILLIAMS DITCH, LEXINGTON TO
STAPLES STREET PROJECT REQUIRES THE ACQUISITION OF SAID PARCEL AS AN EASE-
MENT FOR DRAINAGE USE AND OTHER MUNICIPAL PURPOSES, SAID PARCEL OF LAND
BEING DESCRIBED AS FOLLOWS:
A TRACT OF LAND 20 FEET IN WIDTH AND 901E FEET IN LENGTH
OUT OF LOTS SEVENTEEN (17) AND EIGHTEEN (18), SECTION
EIGHTEEN (18), FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS IN NUECES COUNTY, TEXAS, AS SHOWN BY THE MAP OR
PLAT THEREOF RECORDED IN VOLUME "A ". PAGES 41, 42 AND 43,
MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE
IS HERE MADE FOR ALL PERTINENT PURPOSES; BEING A PORTION
OF THDSE CERTAIN TRACTS OF LAND CONVEYED BY ED P. WILLIAMS,
TRUSTEE, TO V. L. Rossi BY WARRANTY DEED DATED 1 JANUARY,
1957, RECORDED IN VOLUME 763, PAGE 227, DEED RECORDS OF
NUECES COUNTY, TEXAS, AND BY ED P. WILLIAMS, TRUSTEE TO
V. L. Rossi BY WARRANTY DEED DATED 7 JULY 1959, RECORDED
IN VOLUME 858, PAGE 543, DEED RECORDS OF NUECES COUNTY,
TEXAS, TO WHICH REFERENCE IS HERE MADE FOR ALL PERTINENT
PURPOSES, SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT THE COMMON CORNER OF LOTS 167 AND 17 SECTION 18
AND LOTS 9 AND 24 SECTION 13 OF SAID FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, SAME BEING THE CENTERLINE OF WILLIAMS
DRIVE, SOMETIMES CALLED THOMPSON ROAD;
THENCE S 61° 011 E. WITH THE CENTERLINE OF WILLIAMS DRIVE
A DISTANCE OF 20 FEET TO A POINT;
THENCE S. 29° W A DISTANCE OF 45 FEET TO A POINT, SAID POINT
BEING IN THE SOUTHEAST RIGHT OF WAY LINE OF A 40 FOOT WIDE
DEDICATED ROAD AND THE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED;
THENCE S. 61° 011 E. P'A'RALLEL TO THE CENTERLINE OF WILLIAMS
DRIVE A DISTANCE OF 904 FEET TO A POINT IN THE NORTHWEST
BOUNDARY LINE OF LOT 1 BLOCK 2 OF THE WOODLAWN ESTATES 11
UNIT I AS SHOWN ON PLAT OF RECORD IN VOLUME 16, PAGE 3, MAP
RECORDS OF NUECES COUNTY, TEXAS, FOR A CORNER OF THE TRACT
HEREIN DESCRIBED;
7742
v
.V
THENCE'S. �90 W. WITH THE NORTHWEST'BOUNDARY LINE OF
SAID LOT 1 BLOCK 2 WOODLAWN ESTATES 11 UNIT 1, A
DISTANCE-OF 20 FEET TO A POINT FOR A CORNER OF THE
TRACT HEREIN DESCRIBED,
THENCE N. 61* 011 W. PARALLEL TO AND 65 FEET-SOUTH-
WEST OF THE CENTERLINE OF WILLIAMS DRIVE, A DISTANCE
OF 9011 FEET TO A POINT IN THE SOUTHEAST RIGHT OF WAY
LINE OF SAID 40 FOOT DEDICATED ROAD FOR A CORNER OF
THE TRACT,HEREIN DESCRIBED; +
THENCE N. 290 E. WITH THE SOUTHEAST RIGHT OF WAY LINE
OF SAID 40 FOOT ROAD A DISTANCE OF 20 FEET TO THE PLACE
OF BEGINNING.
WHEREAS, RECORD TITLE OF SAID TRACT OR PARCEL OF LAND APPEARS
TO BE IN THE FOLLOWING:
JAMES V. Rossi, INDIVIDUALLY AND AS INDEPENDENT EXECUTOR '
OF THE ESTATE OF VINCENT L.'Rossl, DECEASED; AND ROBERTA
M. Rossi, A WIDOW; 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 TRACT OR PARCEL OF LAND
DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI, AND THAT SAID
PROPERTY BE ACQUIRED AS AN EASEMENT FOR DRAINAGE AND OTHER MUNICIPAL
PURPOSES THROUGH THE EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN FOR
SAID PUBLIC PURPOSE: I
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 FOR THE PURPOSE OF ACQUIRING AN EASEMENT FOR DRAINAGE AND OTHER
MUNICIPAL PURPOSES, SAID EASEMENT AND PREMISES AS ABOVE DESCRIBED, EXCLUD-
ING MINERAL INTEREST, FOR USE BY THE CITY FOR THE CONSTRUCTION OF A DRAINAGE
FACILITY DESIGNATED AS THOMPSON ROAD, WILLIAMS DITCH, LEXINGTON ROAD TO
STAPLES STREET PROJECT, WITHIN THE CITY LIMITS, AND OTHER MUNICIPAL USES,
AND TO CONDEMN THE EASEMENT 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,
-2-
s j
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 AS A DRAINAGE FACILITY AND
OTHER MUNICIPAL PURPOSES.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESS.MTY FOR THE CITY
TO GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACT
OF LAND HEREINABOVE DESCRIBED FOR THE THOMPSON ROAD, WILLIAMS DITCH,
t
LEXINGTON ROAD TO STAPLES STREET PROJECT, WITHIN THE CITY LIMITS, AS HERE -
INABOVE DESCRIBED AND PROVIDED, CREATES A PUBLICEMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEET-
INGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND
NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE 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 OCTOBER, 1965.
ATTEST:
APPROVED AS TO LEGAL FORM THIS
6- DAY
�7OF OCTOBER, 1965:
�4/ /• % %.iG ZLA.(
CITY ATTORNEY //
THE CITY OF CORPUS CHRISTI, TEXAS
y' i
CORPUS CHRISTI, TEXAS
r
DAY OF _� \ , lq J
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
OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
7 OR
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 ri
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLO NG VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE