HomeMy WebLinkAbout08249 ORD - 11/23/1966•
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AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN TRACT
OR PARCEL OF LAND; AND IN ADDITION THERETO A TEMPORARY
CONSTRUCTION EASEMENT ADJACENT TO SAID TRACT FOR USE
DURING THE PERIOD OF CONSTRUCTION; DESCRIBING THE SAME;
DESIGNATING THE TITLE HOLDERS_OF PARCEL N0, 1 AS BEING
H. C. DAVIS AND WIFE, ELIZABETH THOMAS DAVIS; DESIGNAT-
ING SAID CONDEMNATION AS BEING NECESSARY TO ACQU RLE A
SITE FOR A SANITARY SEWER LIFT STATION, DESIGNATED AS
HUDSON ACRES- McNORTON AREA SEWER EXTENSION , PROJECT
250-64-49; DIRECTING THE CITY ATTORNEY TO INSTITUTE
PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDI-
NANCE; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, A CERTAIN TRACT OR PARCEL OF LAND WHICH IS MORE FULLY
DESCRIBED HEREIN, WHICH IS NEEDED IN CONNECTION WITH HUDSON ACRES- MCNORTON
AREA SEWER EXTENSIONS AS A LIFT STATION, DESIGNATED AS PROJECT N0. 250- 64 -49;
AND
WHEREAS, THE HUDSON ACRES- MCNORTON AREA SEWER EXTENSIONS PROJECT
REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL
OR TRACT OF LAND:
PARCEL NO. 1
BEING A SQUARE TRACT OF LAND OUT OF THE SOUTHWEST PORTION OF
LOT 32, H. B. SHEPPARD FARM LOTS AS SHOWN BY MAP OF RECORD
IN VOLUME A, PAGE 51, NUECES COUNTY, TEXAS MAP RECORDS, AND
OUT OF THAT CERTAIN TRACT OF LAND CONVEYED TO HAROLD CLINTON
DAVIS AND WIFE, ELIZABETH THOMAS DAVIS, BY DEED DATED
JANUARY 61 1950 AND RECORDED IN VOLUME 4531 PAGE 420, NUECES
COUNTY DEED RECORDS AND MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF TULOSO
ROAD AND THE CENTERLINE OF STILLWELL LANE, SAID POINT BEING
THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH WITH THE
CENTERLINE OF SAID TULOSO ROAD AND THE WEST BOUNDARY LINE
OF SAID LOT 32, A DISTANCE OF 20.0 FEET TO A POINT; THENCE
EAST A DISTANCE OF 20.0 FEET TO A POINT, SAID POINT BEING
THE INTERSECTION OF THE EAST RIGHT -OF -WAY LINE OF SAID
TULOSO ROAD AND THE NORTH RIGHT -OF -WAY LINE OF SAID STILLWELL
LANE FOR THE POINT OF BEGINNING AND THE SOUTHWEST CORNER OF
THE TRACT HEREIN DESCRIBED;
THENCE NORTH, WITH THE EAST RIGHT -OF -WAY LINE OF SAID TULOSO
ROAD, A DISTANCE OF 65.0 FEET TO A POINT FOR THE NORTHWEST
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE EAST, A DISTANCE OF 65.0 FEET TO A POINT FOR THE
NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
i iq r.
AND
THENCE SOUTH A DISTANCE OF 65.0 FEET TO A POINT IN THE NORTH
RIGHT -OF -WAY LINE OF SAID 40 FOOT WIDE STILLWELL LANE FOR
THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE WEST WITH THE NORTH RIGHT -OF -WAY LINE OF SAID STILLWELL
LANE A DISTANCE OF 65.0 FEET TO THE PLACE OF BEGINNING;
AND
IN ADDITION THERETO, THE RIGHT TO USE THE FOLLOWING DESCRIBED
PROPERTY ADJACENT TO THE ABOVE DESCRIBED PARCEL, FOR THE
PERIOD OF CONSTRUCTION:
A TRACT OF LAND OUT OF THE SOUTHWEST PORTION OF LOT 32 OF
THE H. B. SHEPPARD FARM LOTS AS SHOWN BY MAP OR PLAT OF RECORD
IN VOLUME A, PAGE 51, NUECES COUNTY MAP RECORDS, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF TULOSO
ROAD AND THE CENTERLINE OF STILLWELL LANE, SAID POINT BEING
THE SOUTHWEST CORNER OF SAID LOT 32; THENCE NORTH WITH THE
CENTERLINE OF TULOSO ROAD AND THE WEST BOUNDARY LINE OF
SAID LOT 32, A DISTANCE OF 85 FEET TO A POINT; THENCE EAST
A DISTANCE OF 20 FEET TO A POINT, SAID POINT BEING IN THE
EAST RIGHT -OF -WAY LINE OF TULOSO ROAD FOR THE POINT OF
BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE NORTH WITH THE EAST RIGHT -OF -WAY LINE OF TULOSO ROAD,
A DISTANCE OF 60 FEET TO A POINT FOR A CORNER OF THIS TRACT;
THENCE EAST A DISTANCE OF 125 FEET TO A POINT FOR A CORNER
OF THIS TRACT;
THENCE SOUTH A DISTANCE OF 125 FEET TO A POINT IN THE NORTH
RIGHT -OF -WAY LINE OF STILLWELL LANE FOR A CORNER OF THIS
TRACT;
THENCE WEST WITH THE NORTH RIGHT -OF -WAY LINE OF STILLWELL
LANE A DISTANCE OF 60 FEET TO A POINT FOR A CORNER OF THIS
TRACT;
THENCE NORTH A DISTANCE OF 65 FEET TO A POINT FOR A CORNER
OF THIS TRACT;
THENCE WEST A DISTANCE OF 65 FEET TO THE PLACE OF BEGINNING;
WHEREAS, RECORD TITLE OF SAID TRACT OR PARCEL OF LAND APPEARS TO
BE IN H. C. DAVIS AND WIFE, ELIZABETH THOMAS DAVIS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO
ACQUIRE THE AFORESAID TRACT OR PARCEL OF LAND BECAUSE THE CITY HAS BEEN
UNABLE TO AGREE WITH THE OWNERS AS TO VALUE; IT IS THEREFORE, DETERMINED
BY THE CITY.O00NCIL THAT IT IS NECESSARY THAT THE SAID TRACT OR PARCEL OF
LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI, AND THAT
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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 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 DE-
SCRIBED LAND AND PREMISES, EXCLUDING MINERAL INTERESTS, FOR USE BY THE CITY
FOR THE CONSTRUCTION OF A SANITARY SEWER LIFT STATION IN CONNECTION WITH
THE HUDSON ACRES- MCNORTON AREA SEWER EXTENSIONS, AND OTHER MUNICIPAL USES,
AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL OR TRACT 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
PROPERTY, 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 IN THE CONSTRUCTION
OF A SANITARY SEWER LIFT STATION.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN POSSESSION AND TITLE AT THE EARLIEST POSSIBLE DATE, OF THE AFORESAID
PARCEL OR TRACT OF LAND HEREINABOVE DESCRIBED, FOR CONSTRUCTION OF A SANI-
TARY SEWER LIFT STATION IN CONNECTION WITH THE HUDSON ACRES- MCNORTON AREA
SEWER EXTENSIONS, 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 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 ORDINANCE BE PASSED FINALLY ON THE DATE OF
ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
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AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE J/Z
DAY OF NOVEMBER, 1966.
APPROVED AS TO LEGAL FORM THIS
_�23 DAY OF NOVEMBER, 1966:
U
CORPUS CHRISTI, TEXAS
DAY OF 1 19 -.
TO THE IEMBERS 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 SUSPEN51ON 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,
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YOR ro•Tem
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN
JACK BLACKMON ,i
PATRICK J. DUNNE
DR. P. JIMENEZ, JR. ✓�`
KEN MCDANIEL V_
RONNIE SIZEMORE d QA,yp_
WM. H. WALLACE /
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
DR. MCIVER FURMAN ,� 2' 41
JACK BLACKMON
PATRICK J. DUNNE
U
DR. P. JIMENEZ, JR.
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V
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE