HomeMy WebLinkAbout08372 ORD - 02/22/1967AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN THE FEE TITLE T�-E1yRTAIN
LOT OR PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS,
DESCRIBING SAID PROPERTY AS BEING A PORTION OF LOT 1,
SECTION 4, BOHEMIAN COLONY LANDS, CONTAINING SOME
8.384 ACRES, IDENTIFYING THE RECORD TITLE OWNER AS
PERRY J. DALTON, 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 ORDINAL E; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITYOF CORPUS CHRISTI, 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:
BEGINNING AT A POINT IN THE PROPOSED WEST RIGHT OF
WAY LINE OF STATE HIGHWAY 286 (RELOCATED) AND THE
NORTH BOUNDARY OF THE AMY REID DALTON 12.551 ACRE
TRACT, AND FROM WHICH POINT THE NORTHWEST CORNER OF THE SAID
DALTON TRACT BEARS N. 61° 53' 10" W., 412.041 FEET;
THENCE S. 45, 15' 25" W., 302.02 FEET ALONG THE SAID
PROPOSED WEST RIGHT OF WAY LINE OF STATE HIGHWAY 286
(RELOCATED) TO A POINT;
THENCE S. 62° 001 24° W., 302.02 FEET ALONG SAID
RIGHT OF WAY LINE TO A POINT;
THENCE S. 70° 22' 54 U., 239.96 FELT ALONG SAID
RIGHT OF WAY LINE TO A POINT IN THE WEST BOUNDARY OF
THE ABOVE MENTIONED DALTON TRACT;
THENCE S. 280 39' 17" W., 542.61 FEET ALONG THE WEST
BOUNDARY OF THE SAID DALTON TRACT TO A POINT IN THE
NORTH RIGHT OF WAY LINE OF STATE HIGHWAY 358 (LEXINGTON
BOULEVARD) FOR THE SOUTHWEST CORNER OF THIS TRACT;
THENCE $. 61' 50, 56' E., 434.04 FEET ALONG THE NORTH
RIGHT OF WAY LINE OF STATE HIGHWAY 358 TO A POINT FOR
THE SOUTHEAST CORNER OF THIS TRACT;
THENCE N. 26° 39' 17, E., 1259.77 FEET ALONG THE EAST
BOUNDARY OF THE ABOVE MENTIONED DALTON TRACT TO A POINT;
THENCE N. 61° 53' 10" W., 22.00 FEET ALONG THE NORTH
LINE OF THE SAID DALTON TRACT TO THE PLACE OF BEGINNING,
WHICH PARCEL IS NEEDED FOR RIGHT OF WAY FOR THE SAID PROJECT; AND
8372
WHEREAS, RECORD TITLE OF SAID LOT OR PARCEL OF LAND APPEARS TO
BE IN THE FOLLOWING PERSON:
PARCEL 479: PERRY J. DALTON, N. D.;
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 SY 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 REMAIN-
ING TO THE OWNER OF SUCH OIL, GAS AND SULPHUR OF INGRESS OR EGRESS, TO
OR FROM THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXPLORING, DEVELOP-
ING, 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 SUIT
TO ITS 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- 211.3, 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 AND AN IMPERATIVE PUBLIC EMERGENCY REQUIRING THE SUSPENSION
OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
-2-
FINALLY ON THE DATE OF ITS INTRODUCTIONAND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY 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 I ASS GE, IT
IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF ,
1967.
ATTEST:
�PiAYOR
CITY SECRETARY Q THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO EGAL FORM THIS
DAY OF FEBRUARY, 1967:
r�
CITY ATTORNEY
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 15 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,
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 p
RONNIE SIZEMORE
WM. H. WALLACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE:
DR. MCIVER FURMAN
JACK BLACKMON
PATRICK J. DUNNE +
DR. P. JIMENEZ, JR. U
KEN MCDANIEL
RONNIE SIZEMORE
WM. H. WALLACE d�