HomeMy WebLinkAbout08148 ORD - 08/24/19668 -22 -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 SAME; DESIGNATING
THE TITLE HOLDERS OF PARCEL NO.7 AS MARGARET TRUEBLOOD
AND HUSBAND, W. D. TRUEBLOOD, AND DESIGNATING THE TITLE
HOLDERS OF PARCEL 11. AS CHARLES R. SOLCHER AND WIFE,
DOROTHY NOAKES SOLCHER; DESIGNATING SAID CONDEMNATION AS
BEING NECESSARY TO ACQUIRE RIGHT OF WAY EASEMENT FOR
HILLTOP INTERCEPTOR TRUNK LINE 3 =A; 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. 25o -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:
AND
PARCEL N0. 8
BEING A 60 FOOT WIDE BY 84.11 FOOT LONG UTILITY EASEMENT
OUT OF SURVEY NO. 304 AND OUT OF THE MARGARET TRUEBLOOD
6.0 ACRE PARTITION TRACT DESCRIBED BY DEED IN VOLUME 336
PAGE 142 AND 143, NUECES COUNTY, TEXAS DEED RECORDS AND
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEAST LINE OF SAID TRUEBLOOD
6.0 ACRE TRACT, SAID POINT BEING 122.91 FEET S. 28' 16, W.
FROM THE NORTHEAST CORNER OF SAID .O ACRE TRACT FOR THE=RTH-
EAST CORNER AND THE PLACE OF BEGINNING OF THE TRACT HEREIN
DESCRIBED;
THENCE CONTINUING S. 28' 16l W., WITH SAID SOUTHEAST LINE,
A DISTANCE OF 69.88 FEET TO A POINT FOR THE SOUTHEAST CORNER
OF THE TRACT HEREIN DESCRIBED;
THENCE S. 87' 25, 4c" W., A DISTANCE OF 84.11 FEET TO 'A POINT
IN THE NORTHWEST LINE OF SAID TRUEBLOOD 6.0 ACRE TRACT FOR
THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 28° 161' E., WITH SAID NORTHWEST LINE, A DISTANCE OF
69.88 FEET TO A POINT FOR THE NORTHWEST CORNER OF THE TRACT
HEREIN DESCRIBED; '
THENCE N. 87` 25, 40" E., A DISTANCE OF 84.11 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;
go
AND
PARCEL N0. 11
BEING AN IRREGULAR TRACT OF LAND OUT OF THAT CERTAIN
17.0 ACRE TRACT OF LAND CONVEYED TO CHARLES R. SOLCHER
ET UX DOROTHY NOAKES BY DEED RECORDED IN VOLUME 455,
PAGE 47, NUECES COUNTY, TEXAS DEED RECORDS AND MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEAST LINE OF SAID 17.0
ACRE TRACT, SAID POINT BEING S. 25' 161 W., 599.57 FEET
FROM THE NORTHEAST CORNER OF SAID 17.0 ACRE TRACT FOR THE
MOST NORTHERLY NORTHEAST CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE S. 25' 161 W., WITH THE SOUTHEAST BOUNDARY LINE
OF SAID 17.0 ACRE TRACT AND THE NORTHWEST LINE OF THE
JESS EDWARDS TRACT, A DISTANCE OF 214.55 FEET TO A POINT
FOR THE MOST SOUTHERLY SOUTHEAST CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE S. 76' 551 W., A DISTANCE OF 715.95 FEET TO A POINT
IN THE WEST LINE OF SAID 17.0 ACRE SOLCHER TRACT FOR THE
MOST SOUTH'W'ESTERLY CORNER OF THE TRACT HEREIN DESCRIBED;
4
THENCE N. ' 441 E., WITH THE WEST LINE OF SAID 17.0 ACRE
SOLCHER TRACT, A DISTANCE OF 63.0 FEET TO POINT, FOR THE
MOST WESTERLY NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 76' 551 E., A DISTANCE OF 709.51 FEET TO AN INTERIOR
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 25' 161 E., WITH A LINE THAT IS 30.0 FEET NORTH-
WEST OF AND PARALLEL TO THE SOUTHEAST LINE OF SAID 17.0 ACRE
SOLCHER TRACT, A DISTANCE OF 135.15 FEET TO A POINT FOR THE
MOST NORTHERLY NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. $0' 341 E., A DISTANCE OF 37.92 FEET TO THE PLACE
OF BEGINNING;
CONTAINING 1.103 ACRES OF LAND MORE OR LESS;
AND
ALSO THE RIGHT TO USE THE LAND EXTENDING 4O 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 NO. 5: MARGARET TRUEBLOOD AND HUSBAND, W. D. TRUEBLOOD;
AND
PARCEL N0. 11: CHARLES R. SOLCHER AND WIFE, DOROTHY NOAKES
SOLCHER; 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
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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
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 t. 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 INSTI-
TUTED 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, 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, AS
HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY AND 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 RESOLUTION OR ORDINANCE SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCRL, AND THE MAYOR, HAVING DECLARED THAT
SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH
CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE
-3-
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 �o
DAY OF AUGUST, 1966.
ATTEST:
U
APPROVED AS TO LEGAL FORM THIS-
DAY OF L-ST"P/l
1966:
C17Y ATT RNE
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,
Yor?10
THE CITY OF CORPUS CHRISTI, TEXAS
I
i
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON ( /10
PATRICK J. DU NNE �Jj�
DR. P. JIMENEZ, JR. ( !
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE.
DR. MCIVER FURMAN t
i
JACK BLACKMON
I
PATRICK J. DUNNE n
DR. P. JIMENEZ, JR. �7��7 �
KEN MCDANIEL L1iG"i
RONNIE SIZEMORE
WM. H. WALLACE j