HomeMy WebLinkAbout07750 ORD - 10/13/1965•1 '
vMP:10 /8/65
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, JDENTIFYING THE
RECORD TITLE OWNERS. SAID CONDEMNATION BEING
NECESSARY FOR THE MIDTOWN TRAFF C EXCHANGE FOR
PUBLIC STREET PURPOSES AND BEING WITHIN THE CORPO-
RATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECT-
ING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
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, A CERTAIN PARCEL OR TRACT OF LAND DESIGNATED AS
PARCEL NO. 6, MIDTOWN TRAFFIC EXCHANGE PROJECT, WHICH PARCEL OF LAND IS
MORE FULLY DESCRIBED HEREINAFTER AND WHICH PARCEL OF LAND IS NEEDED IN
CONNECTION WITH SAID AFOREMENTIONED PROJECT; AND
WHEREAS, THE SAID MIDTOWN TRAFFIC EXCHANGE PROJECT REQUIRES THE
ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF
LAND:
TRACT I
ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND LYING,
BEING AND SITUATED IN THE CENTRAL WHARF AND WAREHOUSE
COMPANY'S ADDITION TO THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT OF
SAID ADDITION RECORDED IN VOLUME "AI', PAGE 15, MAP
RECORDS OF NUECES COUNTY, TEXAS, AND BEING LOT NUMBER
SIX (6), IN BLOCK NUMBER NINE (9), OF SAID ADDITION,
SAID LOT BEING FIFTY FEET WIDE AND ONE HUNDRED AND
FIFTY FEET LONG, MORE OR LESS, FACING ON CARRIZO STREET
AND LAREDO AVENUE, AND BEING A PART OF THE PROPERTY
ACQUIRED BY S. 1. DEPEW FROM 0P. J. HApRMON BY HIS DEED
OF CONVEYANCE DATED JANUARY 28TH, 1908 AND RECORDED IN
VOLUME 34, PAGES 74 TO 76, OF THE DEED RECORDS OF NUECES
COUNTY, TEXAS; BEING THE SAME PROPERTY CONVEYED BY S. 1.
DEPEW AND WIFE, EMILY K. DEPEW TO A. T. BARTON BY
WARRANTY DEED DATED JUNE 11, 1908, RECORDED IN VOLUME 37,
PAGE 531, DEED RECORDS OF NUECES COUNTY, TEXAS.
TRACT
ALL THAT CERTAIN TRACT, PIECE OR PARCEL OF LAND, LYING
AND BEING SITUATED IN THE CORPORATE LIMITS OF THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IN WHAT IS KNOWN
AS THE CENTRAL WHARF AND WAREHOUSE COMPANY'S ADDITION TO
SAID CITY AS SHOWN BY MAP RECORDS VOL. A, PAGE 15, MAP
RECORDS NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH BOUNDARY LINE OF FRACTIONAL
BLOCK NUMBERED NINE (9) IN SAID ADDITION, AT A POINT 150 FEET
7750
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AND
EAST OF THE SOUTHWEST CORNER OF SAID BLOCK FOR A
CORNER OF THIS TRACT;
THENCE EAST ALONG THE SAID SOUTH BOUNDARY LINE OF
SAID BLOCK, 50 FEET TO A STAKE FOR CORNER;
THENCE NORTH ON A LINE PARALLEL WITH THE WEST -
BOUNDARY LINE OF SAID FRACTIONAL BLOCK 9 IN SAID
ADDITION 100 FEET TO A STAKE FOR CORNER, SAID
STAKE BEING ON THE NORTH BOUNDARY LINE OF LOT 5 AND
THE SOUTH BOUNDARY OF LOT,4 IN SAID BLOCK;
THENCE WEST ALONG THE NORTH BOUNDARY LINE OF SAID
LOT 5 AND THE SOUTH BOUNDARY LINE OF SAID LOT 4 IN
SAID BLOCK 50 FEET TO A STAKE FOR CORNER;
THENCE SOUTH ON A LINE PARALLEL WITH THE WEST
BOUNDARY LINE OF SAID BLOCK 100 FEET TO THE PLACE OF
BEGINNING;
THE ABOVE DESCRIBED TRACT, PIECE OR PARCEL OF LAND
BEING A TRACT OF LAND 50 FEET WIDE EXTENDING 100 FEET
NORTH AND SOUTH IMMEDIATELY EAST OF AND ADJOINING
LOTS 5 AND E) IN SAID FRACTIONAL BLOCK 9 OF THE CENTRAL
WHARF AND WAREHOUSE COMPANY'S ADDITION TO THE CITY OF
CORPUS CHRISTI, NUECES,000NTY, TEXAS, BEING SAME
PROPERTY ACQUIRED BY A. T. BARTON FROM DENNIS KELLY BY
WARRANTY DEED DATED SEPTEMBER 4, 1909 RECORDED IN VOLUME
52, PAGE 498, DEED RECORDS OF NUECES COUNTY, TEXAS;
t
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
A. T. BARTON
AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNER AND CLAIMANT AS TO THE PRICE AND VALUE
OF SAID LOT OR PARCEL OF LAND, AND DAMAGES, FOR THE TAKING THEREOF BY THE
CITY; IT IS, THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT.IS,NECESSARY
THAT THE SAID LOT OR PARCEL OF LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY
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:
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 THE FEE SIMPLE TITLE OF THE ABOVE
DESCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTEREST FOR USE BY THE
CITY FOR THE MIDTOWN TRAFFIC EXCHANGE AND OTHER MUNICIPAL PURPOSES WITHIN
THE CITY LIMITS AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL
OR TRACT 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 MIDTOWN TRAFFIC
EXCHANGE PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OF
LAND HEREINABOVE DESCRIBED FOR THE MIDTOWN 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 -
RUCTION 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, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER
RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION 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,
965
ATTEST:
MAYOR
( THE CITY OF CORPUS CHRISTI, TEXAS
CITr SECRETARY _
APPROVED AS TO L GAL FORM THIS E
DAY OF OCTOBER, 1965:
CITY ATTORNEY C
CORPUS CHRISTI, TEXAS
///
DAY OF � �, 19
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS • ' I
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,
MAYOR
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 FOLLOWI VOTE:
DR. MCIVER FURMAN
JACK BLACKMON ' vav
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL /
RONNIE SIZEMORE
WM. H. WALLACE