HomeMy WebLinkAbout08609 ORD - 09/21/1967M � a
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN
LOTS OR PARCELS OF LAND LOCATED IN NUECES COUNTY,
` TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE
RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECES-
5ARY FOR THE OCEAN DRIVE EROSION CONTROL PROJECT
FOR PUBLIC STREET, PUBLIC PARK, EROSION CONTROL AND
OTHER MUNICIPAL PURPOSES AND BEING WITHIN THE CORPORATE
LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE
CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO
CARRY'eOUT THE INTENTIONS OF THIS ORDINANCE; AND DFCIAR-
ING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, A CERTAIN PARCEL OR TRACT OF LAND DESIGNATED AS
PARCEL NO. 3, OCEAN DRIVE EROSION CONTROL PROJECT, WHICH PARCEL OF LAND
IS MORE FULLY DESCRIBED HEREINAFTER AND WHICH PARCEL OF LAND IS NEEDED IN
CONNECTION WITH SAID AFOREMENTIONED PROJECT; AND
WHEREAS, THE SAID OCEAN DRIVE EROSION CONTROL PROJECT REQUIRES
THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT
OF LAND:
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ALL THAT CERTAIN TRACT OF LAND LYING BETWEEN THE NORTHEAST
BOUNDARY LINE OF THE PUBLIC ROAD KNOWN AS OCEAN DRIVE AND
,.-• THE SHORELINE OF CORPUS CHRISTI BAY, HAVING FOR ITS NORTH-
' WEST BOUNDARY LINE AN EXTENSION IN A NORTHEASTERLY DIRECTION
OF THE NORTHWEST BOUNDARY LINE OF THE HEREINAFTER DESCRIBED
TRACT OF LAND FROM THE NORTHEAST BOUNDARY LINE OF SAID OCEAN
DRIVE TO THE SHORELINE OF SAID CORPUS CHRISTI BAY, AND HAVING
FOR ITS SOUTHEAST BOUNDARY LINE A SIMILAR EXTENSION OF THE
SOUTHEAST BOUNDARY LINE OF THE FOLLOWING DESCRIBED TRACT OF
LAND, TO -WIT:
A PORTION OF BLOCK NO. SEVEN (7) OF PORT ARANSAS CLIFFS ADDITION
TO THE CITY OF CORPUS CHRISTI, TEXAS, THE MAP OF WHICH APPEARS
OF RECORD IN VOLUME "A ", AT PAGE 27 OF THE MAP RECORDS OF NUECES
COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE IN AID OF THIS
DESCRIPTION, AND BEING THE SAME PROPERTY CONVEYED BY W. F.
WALLACE, JR., A SINGLE MAN, TO C. M. RICHARDSON BY DEED DATED
JANUARY 24, 19452 AND RECORDED IN VOLUME 306 AT PAGE 221,OF THE
DEED RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT BEING MORE PARTI-
CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT A STAKE FOR THE MOST WESTERLY CORNER OF THIS TRACT
WHENCE A STONE MARKING THE INTERSECTION OF THE CENTERLINES OF
LOUISIANA AVENUE AND SANTA FE STREETS IN PORT ARANSAS CLIFFS
ADDITION BEARS S. 81 DEGREES 47 MINUTES WEST 1025.0 FEET:
THENCE S. 44 DEGREES 34 MINUTES E. ALONG THE EASTERLY BOUNDARY
LINE OF DENVER STREET, A DISTANCE OF 102.8 FEET FOR THE MOST
SOUTHERLY CORNER OF THIS TRACT;
• 1
AND
THENCE N. 58 DEGREES 50 MINUTES E. A DISTANCE OF 332.23 FEET
TO A POINT IN THE WESTERLY BOUNDARY LINE OF OCEAN DRIVE, FOR
THE MOST EASTERLY CORNER OF THIS TRACT;
THENCE WITH THE WESTERLY BOUNDARY LINE OF OCEAN DRIVE N. 44
DEGREES 34 MINUTES W. A DISTANCE OF 102.8 FEET TO A POINT
IN SAME FOR THE MOST NORTHERLY CORNER OF THIS TRACT;
THENCE S. 58 DEGREES 50 MINUTES W. A DISTANCE OF 332.23 FEET
TO THE PLACE OF BEGINNING.
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
CLARENCE J. HOLMES AND WIFE, VERA 0. HOLMES;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS AS TO THE PRICE AND VALUE
OF SAID LOT OR PARCEL OF LAND, AND DAMAGES FOR THE TAKING THEREOF BY THE
CITY; IT IS, THEREFORE DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY
THAT THE SAID LOT OR PARCEL OF LAND DESCRIBED BE ACQUIRED BY THE CITY OF
CORPUS CHRISTI, AND THAT SAID TITLE BE ACQUIRED IN FEE TITLE THROUGH THE
EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE:
NOd, 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 INSTI-
TUTED FOR THE PURPOSE OF ACQUIRING THE FEE SIMPLE TITLE OF THE ABOVE DESCRIBED
LAND AND PREMISES, EXCLUDING MINERAL INTEREST, FOR USE BY THE CITY FOR THE
OCEAN DRIVE EROSION CONTROL PROJECT, SAID PROJECT BEING FOR PUBLIC STREET,
PUBLIC PARK, EROSION CONTROL AND OTHER MUNICIPAL PURPOSES WITHIN THE CITY
LIMITS AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL OR TRACT v
OF LAND EXCLUDING MINERAL INTEREST.
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 PROPERTY FOR USE IN THE SAID OCEAN DRIVE
EROSION CONTROL PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
5ta
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OF
LAND HEREINABOVE DESCRIBED FOR THE OCEAN DRIVE EROSION CONTROL PROJECT,
SAID PROJECT BEING FOR PUBLIC STREET, PUBLIC PARK, EROSION CONTROL AND
OTHER MUNICIPAL PURPOSES AND FACILITIES WITHIN THE CITY LIMITS AS HEREIN -
ABOVE DESCRIBED AND PROVIDED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDI-
NANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS
OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH EMERGENCY AND
NECESSITY EXIST, 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 AFTER ITS PASSAGE, IT
IS ACCORDINGLY SO ORDAINED, THIS THE DAY of - , 1967.
ATTEST • /���� �
CIT SECRE A Y OR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED AS TO LEGAL FORM THIS
_ LL D OF S=�' R, 1967:
CITY ATTORNE
CORPUS CHRISTI, TEXAS
aim DAY OF ' 19jo
s
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION 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; 1, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, 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:
JACK R. BLACKMON
RONNIE SIZEMORE�_
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE ZZ
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D. _
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS