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Home My WebLink About07976 ORD - 04/13/1966d AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS, DESIGNATED AS BEING A PORTION OF LOT 16, SECTION 6, OF THE PAISLEY SUBDIVISION OF THE HOFFMAN TRACT, OWNED BY NELL CLARKE BADER, ALL AS IS MORE FULLY HEREINAFTER SET OUT, SAID CONDEMNATION'BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS 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 LOT OR PARCEL OF LAND WHICH IS MORE FULLY DESCRIBED HEREIN AS A PART OF THE CROSSTOWN EXPRESSWAY STREET IMPROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; ANDY WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT N0.- 22o -56 -24.3, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOW- ING PARCEL IN THE THIRD SECTION OF THE CROSSTOWN EXPRESSWAY: PARCEL #4 BEING A PORTION OF TWO ACRES OF LAND MORE OR LESS, OUT OF THE SOUTHWEST CORNER OF LOT 16, SECTION "G" PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT NUECES COUNTY, TEXAS, AND BEING ALL THAT PORTION OF SAID LOT 16, LYING WEST OF PORT AVENUE ROAD AS SHOWN BY MAP OR SAID SUBDIVISION IN OFFICE OF COUNTY CLERK OF NUECES COUNTY, TEXAS, AND BEING SAME PROPERTY TO WILDA LOLA MARSHALL BY H. H. PACKER AND WIFE DORA PACKER BY WARRANTY DEED DATED OCTOBER 27, 1936, RECORDED IN VOL. 224, PAGE 531, DEED RECORDS OF NUECES COUNTY, TEXAS. SAVE AND EXCEPT THAT PORTION HERETOFORE PLATTED INTO LOTS 16 -A AND 16 -B BADER SUBDIVISION, RECORDED IN VOL. A, PAGE 28, MAP RECORDS NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS. AS FOLLOWS: BEGINNING AT A POINT IN THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED), AND THE NORTH LINE OF HORNE ROAD, BEING ALSO THE SOUTH BOUNDARY OF THE J. P. BADER TWO (2) ACRE TRACT, OUT OF LOT 16, SECTION 6 OF THE PAISLEY SUB- DIVISION OF THE HOFFMAN TRACT, AS RECORDED IN VOLUME 348, PAGE 226 OF THE DEED RECORDS NUECES COUNTY, TEXAS, SAID POINT BEING N 620 04' 12" 168.60 FEET ALONG SAID NORTH LINE OF HORNE ; ROAD FROM THE WEST LINE OF PORT AVENUE; THENCE N 62' O4' 12" W, 125.42 FEETFALONG SAID NORTH LINE TO THE MOST WESTERLY CORNER OF SAID J. P. BADER TRACT. O, + t THENCE N 27° 58' 1 &` E. 31.00 FEET ALONG THE WEST BOUNDARY OF SAID TRACT TO THE SAID PROPOSED EAST RIGHT OF WAY LINE, BEING S. 27° 58' 1&` W., 493.50 FEET ALONG SAID WEST BOUNDARY FROM THE WEST LINE OF PORT AVENUE; 7976 J,��' a . THENCE S. 35° 471 29" E., 36.13 FEET ALONG SAID PROPOSED EAST RIGHT OF WAY LINE; THENCE S. 52' 541 28e E., 94.20 FEET ALONG SAID PROPOSED 1 RIGHT OF WAY LINE TO THE PLACE OF BEGINNING; ' WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN THE FOLLOWING PERSON: NELL CLARKE BADER, JOINED HEREIN BY HER HUSBAND, JOE P. BADER; AND CENTRAL POWER'$. LIGHT COMPANY; AND , WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO ACQUIRE THE AFORESAID PARCEL OF LAND BY NEGOTIATION; THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTY BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS 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 INSTITUTED IN ORDER TO ACQUIRE FEE SIMPLE TITLE TO THE PROPERTY DESCRIBED ABOVE, PROVIDED HOWEVER, THERE 15 EXCLUDED FROM SAID ESTATE TO BE CONDEMNED ALL OF THE OIL, GAS AND SULPHUR WHICH CAN BE REMOVED FROM BENEATH THE SAID LAND WITHOUT ANY RIGHT WHATEVER REMAINING TO THE OWNERS OF SUCH OIL, GAS AND SULPHUR OF INGRESS OR EGRESS, TO OR FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING, DEVELOPING, DRILLING OR MINING OF THE SAME. SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID ` PROPERTY AND IMPROVEMENTS THEREON, IF ANY, AND ALL PERSONS APPEARING TO HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUITS TO THEIR CONCLUSION, AND TO OBTAIN POSSESSION AND TITLE TO THE SAID PROPERTY FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CORSSTOWN EXPRESSWAY STREET IMPROVEMENT, PROJECT No. 220 -56 -24.3, MAY BE FURTHERED. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE FOR ROAD RIGHT OF WAY PURPOSES To THE r ABOVE DESCRIBED PROPERTY HEREINBEFORE SET OUT CREATES A PUBLIC NECESSITY • REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION -2- 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 TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE 'a DAY of APRIL, 1966. ATTEST- MAYOR CITY ECRE ARY THE CITY, OF CORPUS CHRISTI, TEXAS APPROVED AS LEGAL FORM TH _ DAY OF APRIL, 1966: C CITY ATTORWtY Wit 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 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 FOLLOWING VOTE: DR. MCIVER FURMAN JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H: WALLACE