HomeMy WebLinkAbout08056 ORD - 06/15/19666/13/66
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN
TRACTS OR PARCELS OF LAND. DESCRIBING THE SANE;
DESIGNATING THE TITLE HOLDERS; DESIGNATING SAID
CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT
OF WAY EASEMENT FOR HILLTOP INTERCEPTOR TRUNK LINE
3 -A. WITHIN THE CITY OF CORPUS CHRISTI; DIRECTING
THE CITY ATTORNEY TO INSTITUTE 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 TRACTS OR PARCELS OF LAND WHICH ARE MORE
FULLY DESCRIBED HEREIN, WHICH ARE NEEDED IN CONNECTION WITH HILLTOP
INTERCEPTOR TRUNK LINE 34 -A, DESIGNATED AS PROJECT NO. 250 -64 -36.5; AND
WHEREAS, THE SAID HILLTOP INTERCEPTOR TRUNK LINE 34 -A REQUIRES
THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCELS OR
TRACTS OF LAND:
PARCEL NO. 2
BEING A RECTANGULAR TRACT OF LAND 60 FEET IN WIDTH AND
781 FEET IN LENGTH OUT OF THE JACK BONNER 65.6 ACRE TRACT
OF LAND AND DESCRIBED IN DEED OF RECORD IN VOL. 494, PAGE
587, NUECES COUNTY, TEXAS, DEED RECORDS, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF SAID 65.6
ACRE TRACT, SAID POINT BEING S. 5° 311-1 W., 1307.06 FEET FROM
THE NORTHEAST CORNER OF SAID 65.6 ACRE TRACT FOR THE NORTH-
EAST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 5° 341 W. WITH THE EAST BOUNDARY LINE OF SAID
65.6 ACRE TRACT, A DISTANCE OF 60.68 FEET TO A POINT FOR THE
SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 860 551 2011 W. A DISTANCE OF 783.27 FEET TO A
POINT IN THE WEST LINE OF SAID 65.6 ACRE TRACT FOR THE
SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 9° 451 E. WITH THE WEST LINE OF SAID 65.6 ACRE
TRACT, A DISTANCE OF 61.54 FEET TO A POINT FOR THE NORTH-
WEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 860 551 20" E A DISTANCE OF 778.73 FEET TO THE
PLACE OF BEGINNING;
AND
ALSO THE RIGHT TO USE THE LAND EXTENDING 40 FEET TO THE NORTH
OF THE ABOVE DESCRIBED EASEMENT DURING THE PERIOD OF CONSTRUC-
TION OF A SANITARY SEWER LINE;
al
AND
AND
PARCEL N0. 3
BEING A TRACT OF LAND 60 FEET IN WIDTH AND 341 FEET IN
LENGTH OUT OF SURVEY N0. 3O4 AND OUT OF THE DAVID T. MORRIS
AND BOYD MORROW 10 ACRE TRACT AS DESCRIBED IN DEEDS OF
RECORD IN VOL. 8771 PAGE 386, AND VOL. 935, PAGE 114, DEED
RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID 10 ACRE TRACT FOR
THE NORTHEAST CORNER AND PLACE OF BEGINNING OF THE TRACT
HEREIN DESCRIBED;
THENCE S. 90 4ol W. WITH THE EAST LINE OF SAID 10 ACRE
TRACT, A DISTANCE OF 58.76 FEET TO A POINT FOR THE SOUTH-
EAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 86° 551 2011 W. A DISTANCE OF 341.1+ FEET TO A
POINT IN THE SOUTHEAST LINE OF THE ROBERT FLATO TRACT AND
THE NORTHWEST LINE OF SAID 10 ACRE TRACT FOR THE SOUTHWEST
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 31° 501 E. WITH THE WEST LINE OF SAID 10 ACRE
TRACTS A DISTANCE OF 73.16 FEET TO A POINT FOR THE NORTHWEST
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 86* 551 2011 E. A DISTANCE OF 299.85 FEET TO A POINT
IN THE SOUTH LINE OF THE A. C. DURAN TRACT AND THE NORTH LINE
OF SAID 10 ACRE TRACT FOR A CORNER;
THENCE S. 80° 501 E. WITH THE NORTH LINE OF SAID 10 ACRE TRACT,
A DISTANCE OF 12.69 FEET TO THE PLACE OF BEGINNING;
AND
ALSO THE RIGHT TO USE THE LAND EXTENDING 40 FEET TO THE NORTH
OF THE ABOVE DESCRIBED EASEMENT DURING THE PERIOD OF CONSTRUC-
TION OF A SANITARY SEWER LINE;
WHEREAS, RECORD TITLE OF SAID TRACTS OR PARCELS OF LAND APPEARS
TO BE IN THE FOLLOWING:
PARCEL N0. 2: THE ESTATE OF JACK BONNER, SR., JACK BONNER,JR.,
INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE
ESTATE OF JACK BONNER, SR., ROBERT H. BONNER
AND MARIE B. STEWART; AND
PARCEL N0. 3: BOYD MORROW AND DAVID T. MORRIS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS,/ HAS BEEN UNABLE TO
ACQUIRE THE AFORESAID TRACTS OR PARCELS OF LAND BECAUSE THE CITY HAS BEEN
UNABLE TO AGREE WITH THE OWNERS AS TO VALUE; IT IS THEREFORE, DETERMINED
BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID TRACTS OR PARCELS
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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 CHRISTij NUECES COUNTY TEXAS,
DOES HEREBY ORDERS DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS
BE INSTITUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE OF THE
ABOVE DESCRIBED LAND AND PREMISES EXCLUDING MINERAL INTERESTS, FOR USE
BY THE CITY FOR THE CONSTRUCTION OF THE HILLTOP INTERCEPTOR TRUNK LINE 34 -A,
WITHIN THE CITY LIMITSI AND OTHER MUNICIPAL USES AND TO CONDEMN THE FEE
SIMPLE TITLE TO THE AFORESAID PARCELS OR TRACTS OF LAND, EXCLUDING MINERAL
INTERESTS.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE SAID
PROPERTIES, 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 PROPERTIES FOR USE AS A SANITARY SEWER
TRUNK MAIN -
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY
TO GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCEL OR TRACT
OF LAND HEREINABOVE DESCRIBED FOR THE HILLTOP INTERCEPTOR TRUNK LINE 34-A,
WITHIN THE CITY LIMITS AS HEREINABOVE DESCRIBED AND PROVIDED CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUS-
PENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLUTION OR ORDI-
NANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND
HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDI-
NANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT
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AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS %�
SO ORDAINED, THIS THE J C DAY OF JUNE, 1966.
M E AR J
APPROVED AS 0 LEGAL FORM T
DAY JUNE, 1966:
CITY A TO ,EY
IT IC ermRnlNGI Y
WOR
THE CITY OF CORPUS CHRISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS /
ZDAY OF , 19-L
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,
M&o=
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. MOVER ER FURMAN
JACK 13LACKMON
PATRICK J. DUNNE
DR. P. JIMENEZ, JR.
KEN MCDANIEL
RONNIE SIZEMORE tIlA
WM. H. WALLACE