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Home My WebLink About07978 ORD - 04/13/1966VMP:44/12/66 .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, DESIGNATED AS BEING A PORTION OF LOT'8, BLOCK 14, TEMPLE ADDITION, OWNED BY J. W. WILBURN, ET UX; A PORTION OF LOT 1, BLOCK 7, INWOOD VILLAGE UNIT 1, OWNED BY BILLY WAYNE GOSS, ET UX; AND BEING A PORTION OF THE WEST 1/14 OF THE SOUTH 1/14 OF SEC- TION "G ", PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, OWNED BY PAULINE CRAFT, A FEME SOLE, SAID CON- DEMNATION BEING NECESSARY FOR PUBLIC STREET PURPOSES AS A PART OF THE CROSSTOWN EXPRESSWAY WITHIN THE COR- PORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DE- CLARING 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 AS A PART OF THE CROSSTOWN EXPRESSWAY STREET IMPROVEMENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT NO. 220 -56- 214.3, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS IN THE THIRD SECTION OF THE CROSSTOWN EXPRESSWAY: PARCEL NO. 1410 BEING A PORTION OF LOT 8, BLOCK 14, TEMPLE ADDITION, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING MORE FULLY DESCRIBED BY MAP OR PLAT IN VOL. 10, PAGE 6, MAP RECORDS, NUECES COUNTY, TEXAS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:' BEGINNING AT THE MOST EASTERLY CORNER OF LOT EIGHT (8), BLOCK FOURTEEN (14), TEMPLE ADDITION AS SHOWN BY PLAT RECORDED IN VOL. 10, PAGE 6 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, BEING N. 28" 00' 17" E., 53.00 FEET ALONG THE EAST BOUNDARY FROM THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE S. 280 DO' 17" W., 20.47 FEET ALONG THE EAST BOUNDARY OF SAID LOT TO THE PROPOSED WEST RIGHT OF WAY LINE OF STATE HIGHWAY #286 (RELOCATED); THENCE N. 01° 16' 06" W., 23.147 FEET ALONG THE SAID PRO- POSED RIGHT OF WAY LINE TO THE NORTH BOUNDARY OF SUBJECT LOT; THENCE S. 610 56' 449" E. 11.47 11.147 FEET ALONG THE NORTH BOUNDARY OF LOT EIGHT (8l TO THE PLACE OF BEGINNING. PARCEL N0. 467 BEING A PORTION OF LOT 1, BLOCK 7, INWOOD VILLAGE UNIT I, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BEING MORE FULLY DESCRIBED BY MAP OR PLAT IN VOL. 17, PAGE 31 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 WEST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED) AND THE EAST BOUNDARY OF LOT 1; BLOCK 7, INWOOD VILLAGE N0. 1, BEING N. 280 02' 35" E•, 35.00 FEET FROM THE SOUTHEAST CORNER OF SAID LOT; THENCE N. 16° 571 25" W., 42.43 FEET ALONG SAID PRO- POSED RIGHT OF WAY LINE TO A POINT IN THE NORTH BOUNDARY OF SAID LOT, ALSO BEING THE SOUTH LINE OF GOLLIHAR ROAD; THENCE S. 61° 57i 25" E., 30.00 FEET ALONG SAID NORTH BOUNDARY TO THE NORTHEAST CORNER OF SAID LOT; THENCE S. 28° 02' 35" W., 30.00 FEET ALONG THE EAST BOUNDARY OF SAID LOT TO THE PLACE OF BEGINNING. PARCEL N0. 435 BEGINNING AT A POINT IN THE PROPOSED WEST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED) AND THE NORTH BOUNDARY OF THE PAULINE CRAFT 14.19 ACRE TRACT AS RECORDED IN VOLUME 308 PAGE 579 OF THE DEED RECORDS NUECES COUNTY TEXAS SAID POINT BEING S. 62° 041 12" E. 9.54 FEET FROM THE NORTHERN MOST CORNER OF SAID PAULINE CRAFT 14.19 ACRE TRACT. THENCE S. 62° 041 12" E., 344.37 FEET ALONG SAID NORTH BOUNDARY TO THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED), BEING N. 62° 041 12" W., 342.60 FEET FROM THE EXISTING WEST LINE OF PORT AVENUE; THENCE S. 01° 041 4O" E.,,215.84 FEET ALONG THE PROPOSED EAST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED) TO A POINT 150.00 FEET FROM AND PERPENDICULAR TO THE PROPOSED BASELINE STATION 165+00; THE S. 06" 00' 57" EAST, 301.05 FEET ALONG SAID PRO- POSED EAST RIGHT OF WAY LINE TO A POINT 175.00 FEET FROM AND PERPENDICULAR TO THE PROPOSED BASELINE STATION 168+00; THENCE S. 01° 151 06" E., 285.46 FEET ALONG SAID PROPOSED RIGHT OF WAY LINE; ' THENCE S. 35° 471 29" E., 60.14 FEET ALONG SAID PROPOSED EAST RIGHT OF WAY LINE TO THE EASTERLY BOUNDARY OF THE PAULINE CRAFT TRACT, BEING S. 270 581 18" W., 493.50 FEET FROM THE EXISTING WEST LINE OF PORT AVENUE; THENCE S. 27° 581.18" W., 31.00 FEET ALONG SAID EASTERLY BOUNDARY TO THE SOUTH CORNER OF SAID PAULINE CRAFT TRACT; -2- 0 THENCE N. 62° 011' 12 ". W., 572.60 FEET ALONG THE SOUTH- WESTERLY BOUNDARY OF SAID TRACT, BEING ALSO THE NORTH- EASTERLY BOUNDARY OF HORNE ROAD; I THENCE S. 76° 39' 39" E•, 99.211 FEET ALONG THE PROPOSED WEST RIGHT OF WAY LINE OF STATE HIGHWAY 286 (RELOCATED); THENCE N. 0 41' 30" E., 41.21 FEET ALONG SAID PROPOSED RIGHT OF WAY LINE; / p THENCE N. O1° 15' O6" W., 86.00 FEET ALONG SAID PROPOSED WEST RIGHT OF WAY LINE TO A POINT 175.00 FEET,FROM AND PERPENDICULAR TO,THE PROPOSED BASELINE STATION 168+00; THENCE N. O3° 30' 50" E., 301.011 FEET ALONG SAID PROPOSED RIGHT OF WAY LINE TO A POINT150.00 FEET FROM AND PER- PENDICULAR TO THE PROPOSED BASELINE STATION 165+00; THENCE N. 01° 15' 15" W., 383.1E5 FEET ALONG SAID PROPOSED WEST RIGHT OF WAY LINE TO THE PLACE OF BEGINNING, WHICH PARCELS ARE NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND WHEREAS, RECORD TITLE OF SAID LOTS OR PARCELS OF LAND APPEAR TO BE IN THE FOLLOWING PERSONS: PARCEL NO. 410: J. W. WILBURN AND WIFE, OLIVIA WILBURN; PARCEL NO. 467: BILLY WAYNE GOSS AND WIFE, JACQUELINE JOYCE Goss; AND PARCEL NO. 435: PAULINE CRAFT, A FEME SOLE. WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO ACQUIRE THE AFORESAID PARCELS OF LAND BY NEGOTIATION; THEREFORE, IT IS NECESSARY THAT THE SAID PROPERTIES, AND EACH OF THEM, BE ACQUIRED BY THE CITY OF CORPUS CHRISTI THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN � t , 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 PROPERTIES DESCRIBED ABOVE, PROVIDED HOWEVER, THERE IS EXCLUDED FROM SAID ESTATE TO BE CONDEMNED ALL OF THE OLL, 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 -3- 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,INST,ITUTE PROCEEDINGS AGAINST THE SAID PROPERTIES 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 PROPER- TIES FOR ROAD RIGHT OF WAY PURPOSES SO THAT SAID CROSSTOWN EXPRESSWAY STREET IMPROVEMENT,, PROJECT N0. 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 i ABOVE DESCRIBED PROPERTIES HEREINBEFORE SET OUT CREATES A 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 ORDI- NANCE 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 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 APRIL, 1966. ATTEST: "/a" CITY SECRE ArO/LEGAL APPROVED AS F .3 DAY OF APRIL, 1966: n 0 . CITY ATTORNEY I MAYOR THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF a , lqp_ 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; 1, 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 � R THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN '.Q 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