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HomeMy WebLinkAbout08090 ORD - 07/13/1966-� vMP:7/11/66 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, DE- SCRIBING SAID PROPERTY AS BEING A PORTION OF LOT 1, SECTION D, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, IDENTIFYING THE RECORD TITLE OWNER AS ERNEST G. HORNE, 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 INTENTIONS OF THIS ORDI- NANCE; 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 AS A PART OF THE CROSSTOWN EXPRESSWAY STREET IMPROVE- MENT PROJECT OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SAID CROSSTOWN EXPRESSWAY, KNOWN AS PROJECT N0. 220 -56 -24.3, REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCELS IN THE THIRD SECTION OF THE CROSSTOWN EXPRESSWAY: PARCEL NO. 436 -A BEING A PORTION OF LOT 1, SECTION "D ", PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, NUECES COUNTY, TEXAS, ACCORDING TO MAP OR PLAT OF RECORD IN VOLUME A, PAGE 25 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF THE SUBJECT PROPERTY FOR THE NORTHWEST CORNER HEREOF; SAID CORNER LIES IN THE EASTERLY LINE OF MIDWAY ADDITION TO CORPUS CHRISTI, TEXAS, AND BEARS S. 25' O4' 10" W., 324.45 FEET FROM AN IRON ROD SET IN THE GROUND AT THE NORTHEASTERLY CORNER OF SAID MIDWAY ADDITION BY THE COUNTY SURVEYOR OF NUECES COUNTY, TEXAS. THENCE S. 56° 40' 23" E., 145.50 FEET, WITH AND ALONG THE NORTH LINE OF THE SUBJECT TRACT, TO A POINT IN THE PROPOSED EAST RIGHT - OF -WAY LINE OF STATE HIGHWAY 256; THENCE S. 06° 29' 11" W., 111.75 FEET, WITH AND ALONG THE PRO- POSED EAST RIGHT -OF -WAY LINE, TO A POINT WHICH IS THE POINT OF CURVATURE OF A CURVE TO THE RIGHT WHOSE RADIUS IS 1177.78 FEET AND HAS A CENTRAL ANGLE OF 20° 4Ot, OO"; THENCE CONTINUING IN A SOUTHERLY DIRECTION, WITH AND ALONG THE ARC OF THE ABOVE DESCRIBED CURVE, A DISTANCE OF 424.70 FEET TO THE END OF SAID CURVE; THENCE S. 27° 09' 11" W., 37.56 FEET, WITH AND ALONG THE PRO- POSED-'EAST RIGHT -OF -WAY LINE OF STATE HIGHWAY 256 TO A POINT IN THE SOUTH LINE OF THE SUBJECT PROPERTY; THENCE N. 620 04t 01" W., 256.30 FEET, WITH AND ALONG THE SOUTH LINE OF THE SUBJECT PROPERTY, TO A POINT; THENCE N. 280 DO 10 ".E., 495.60 FEET, WITH AND ALONG THE COMMON LINE BETWEEN THE SUBJECT PROPERTY AND THE SAID MIDWAY ADDITION TO THE POINT AND PLACE OF BEGINNING, WHICH PARCEL IS NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE IN THE FOLLOWING PERSON: ERNEST G. HORNE. 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 IS 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 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 ABOVE DESCRIBED PROPERTY 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 -2- l 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 JULY, 1966. .ATTEST: MAYOR THE CITY OF CORPUS CHRISTI, TEXAS C� CITY ECRETARY APPROVED AS TO LEGAL FORM THIS ( h �% DAY OF JULY, 1966: _ .f r CITY ATTORNEY CORPUS CHRISTI, TEXAS DAY OF 9z/l/. 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 INTRODUCED1 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 �n JACK BLACKMON PATRICK J. DUNNE - -1� DR. P. JIMENEZ, JR. KEN MCDANIEL RONNIE SIZEMORE • WM. H. WALLACE