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HomeMy WebLinkAbout08032 ORD - 05/25/1966AN 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, LOCATED AT 5202 NEFF LANE, IDENTIFYING THE RECORD TITLE OWNERS AS BEING RALPH W. KING AND WIFE, GLADYS FAY KING, SAID CON- DEMNATION BEING NECESSARY FOR NAVIGATION BOULEVARD, UP RIVER ROAD TO LEOPARD STREET, PROJECT, SAID RIGHT OF WAY TO BE USED FOR PUBLIC STREET PURPOSES AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING 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, CERTAIN LOTS OR PARCELS OF LAND WHICH ARE MORE FULLY DESCRIBED HEREIN WHICH ARE NEEDED IN CONNECTION WITH THE IMPROVEMENT OF NAVIGATION BOULEVARD, FROM UPRIVER ROAD TO LEOPARD STREET, IN THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE SAID NAVIGATION BOULEVARD IMPROVEMENT PROJECT, No. 220- 64 -63, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OF LAND: A TRACT OF LAND 40 TO 43.38 FEET IN WIDTH AND 191.50 FEET IN LENGTH OUT OF THAT CERTAIN TWO -ACRE TRACT OF LAND CONVEYED TO RALPH W. KING AND WIFE, GLADYS FAY KING BY DEED DATED OCTOBER 291 1951 OF RECORD IN VOL. 531, PAGE 513, NUECES COUNTY, DEED RECORDS. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 2 -ACRE TRACT, SAID POINT BEING IN THE PRESENT WEST RIGHT OF WAY LINE OF NAVIGATION BOULEVARD (WHALEN DRIVE) FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 70 031 E. WITH THE PRESENT WEST RIGHT OF WAY LINE OF NAVIGATION BOULEVARD (WHALEN DRIVE) A DISTANCE OF 191.50 FEET TO THE SOUTHEAST CORNER OF SAID 2 -ACRE TRACT FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE S. 83° 101 W. WITH THE SOUTH BOUNDARY LINE OF SAID 2 -ACRE TRACT A DISTANCE OF 40 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THIS TRACT; THENCE N. 7 °031 W. PARALLEL TO THE WEST RIGHT OF WAY LINE OF NAVIGATION BOULEVARD A DISTANCE OF 149.24 FEET TO A POINT; THENCE N. 11° 37' 34" W. A DISTANCE OF 42.39 FEET TO A POINT IN THE NORTH BOUNDARY LINE OF SAID 2 -ACRES FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE N. 83° 10' E. WITH THENORTH BOUNDARY LINE OF SAID 2 -ACRE TRACT A DISTANCE OF 43.38 FEET TO THE PLACE OF BEGINNING. 8032 C e AND WHEREAS, THE RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN THE FOLLOWING, TO -WIT: RALPH W. KING AND WIFE, GLADYS FAY KING; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS 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 SIMPLE 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 INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE FOR PUBLIC STREET PURPOSES, AND TO CONDEMN THE FEE SIMPLE TITLE TO THE LOT OR PARCEL OF LAND DESCRIBED ABOVE. 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 SUITS TO THEIR FINAL CONCLUSION AND TO OBTAIN POSSESSION AND TITLE TO SAID PROPERTIES FOR USE AS STREET RIGHT OF WAY AS A PART OF NAVIGATION BOULEVARD IMPROVEMENTS PROJECT, NO. 220 - 624 -63. SECTION 3. THE PUBLIC NECESSITY AND IMPORTANCE FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE OF THE LOT OR PARCEL OF LAND HEREINABOVE DESCRIBED FOR USE AS STREET RIGHT OF WAY TO BE- COME PART OF NAVIGATION BOULEVARD, IN THE CITY OF CORPUS CHRISTI, TEXAS AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY AND —2— 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 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 THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF MAY, 1966. ATTEST: Q CIT SECRETA Y / APP V AS TO LEGAL FORM THISU ATTORNEj MAYO THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS �) DAY OF , 19� 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 COUNCILS 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 BONN I E S 1 ZEMORE 0 WM. H. WALLACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: DR. MCIVER FURMAN CIS JACK BLACKMON PATRICK J. DUNNE DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE WM. H. WALLACE