HomeMy WebLinkAbout08229 ORD - 11/02/1966Io/31/66
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN LOT
OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS,
DESIGNATING SAME AS BEING A PORTION OF LOT 9, SECTION
"D" OF THE PAISLEY'S SUBDIVISION OF THE HOFFMAN- TRACT,
OWNED BY HERMAN W. AND ARNO W. BEHMANN, ALL AS IS MORE
FULLY HEREINAFTER SET OUT, SAID CONDEMNATION BEING NECESSARY
TO ACQUIRE PARCEL x#468 -6 FQR 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 INTENTION OF THIS ORDINANCE; AND DECLARING AN
EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, A CERTAIN LOT OR PARCEL OF LAND WHICH IS 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 N0. 220 -56 -24.3,
REQUIRES THE ACQUISITION OF THE FEE TITLE IN AND TO THE FOLLOWING PARCEL IN
THE THIRD SECTION OF THE CROSSTOWN EXPRESSWAY:
PARCEL {468 -B
BEING A PORTION OF LOT 9, SECTION "D" OF THE PAISLEY'S
SUBDIVISION OF THE HOFFMAN TRACT, NUECES COUNTY, TEXAS,
SAID PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST RIGHT OF WAY LINE OFF
STATE HIGHWAY 286 (RELOCATED) SAID POINT BEING 192.48
FEET FROM AND AT RIGHT ANGLE TO BASE LINE STATION 204-t-
`
14.21 OF SAID HIGHWAY FOR THE POINT OF BEGINNING OF
THIS TRACT; 1� p
THENCE S. 35° 57' A" w., 427.87 FEET ALONG THE EAST RIGHT
OF WAY LINE OF SAID STATE HIGHWAY 286 TO A POINT FOR AN INTERIOR
CORNER OF THIS TRACT;
THENCE S. 33° 19' 03" W., 68.69 FEET ALONG THE ABOVE MENTIONED
EAST RIGHT OF WAY LINE TO A POINT FOR ANOTHER INTERIOR CORNER
OF THIS TRACT; ,,
THENCE S. 30° 4o' 48" W., 162. 4 FEET ALONG THE SAID EAST RIGHT
OF WAY LINE OF STATE HIGHWAY 200 TO A POINT FOR THE SOUTHEAST
CORNER OF THIS TRACT;
THENCE N. 61° 57' 25" W., 272.32 FEET TO A POINT IN THE WEST
RIGHT OF WAY LINE OF STATE HIGHWAY 286 AND THE EAST LINE OF
INWOOD VILLAGE N0. 1 FOR THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N. 28° 02' 35" E., 700.00 FEET ALONG THE WEST RIGHT OF
WAY LINE OF STATE HIGHWAY 286 AND EAST LINE OF INWOOD VILLAGE
N0. 1 TO A POINT FOR THE NORTHWEST CORNER OF THIS TRACT;
8229
0 . . . I - . 0
THENCE S. 61° 571 2511 E., 3414.90 FEET TO A POINT IN THE EAST
RIGHT OF WAY LINE OF STATE HIGHWAY 286 FOR THE NORTHEAST CORNER
OF THIS TRACT;
THENCE S. 27° 561 52" W., 45.62 FEET ALONG THE EAST RIGHT OF
WAY LINE OF STATE HIGHWAY 2W BACK TO THE POINT OF BEGINNING;
WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO BE
IN THE FOLLOWING PERSONS:
HERMAN W. BEHMANN AND ARNO W. BEHMANN; AND
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 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
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 WHATEVERREMAINING 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 NO. 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
-2-
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
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 TAKE EFFECT
AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE �� DAY OF NOVEMBER, 1966.
ATTEST:
MAY ro
IW
]am
L —i ,= HE CITY OF CORPUS CHRISTI, TEXAS
CIT SECRETARY -,
APPROVED AS 0 LEGAL FORM THI
DAY OF NOV ER, 1966:
CITY AT R EY `
CORPUS CHRISTI, TEXAS
i L /. 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,
MAY ro•Tem
HE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN �4{z4_
JACK BLACKMON
PATRICK J. DU NNE /1iVL.Q�
V
DR. P. J IMENEZ, JR.
TEEN MCDAN I EL F�Gc.�vil�t�
BONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE
�
DR. MC I VER FURMAN
JACK BLACKMON
PATRICK J. DU NNE
DR. P. JIMENEZ, JR.
TEEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE auk