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HomeMy WebLinkAbout08775 ORD - 02/21/19682/2i/68:E • AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN AN EASEMENT ON A CERTAIN TRACT OR PARCEL OF LAND; DESCRIBING THE SAME; DESIGNAT- ING THE TITLE HOLDER; DESIGNATING SAID CONDEMNATION AS BEING NECESSARY TO ACQUIRE RIGHT OF WAY EASEMENT FOR BERVONNE TERRACE SANITARY SEWER PROJECT, WITHIN THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTI- TUTE 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 TRACT OR PARCEL OF LAND WHICH IS MORE FULLY DESCRIBED HEREIN, WHICH IS NEEDED IN CONNECTION WITH THE BERVONNE TERRACE SANITARY SEWER PROJECT, DESIGNATED AS PROJECT N0. 250- 67 -52; AND WHEREAS, THE SAID BERVONNE TERRACE SANITARY SEWER PROJECT REQUIRES THE ACQUISITION OF AN EASEMENT IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND: PARCEL NO. 1 A TRACT OF LAND 10 FEET IN WIDTH AND 229.25 FEET IN LENGTH OUT OF SURVEY 2417, PATENT NO. 202, VOLUME 352 ABSTRACT 571, NUECES COUNTY, TEXAS, SAID TRACT OF LAND BEING DESCRIBED AS BEING 5 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT A POINT IN THE WEST BOUNDARY LINE OF WESTVIEW TERRACE AS SHOWN BY MAP OF RECORD IN VOLUME 25, PAGE 52, NUECES COUNTY, TEXAS, MAP RECORDS, SAID POINT BEING IN THE CENTERLINE OF HEIZER DRIVE AND BEING 312.22 FEET, S. 24° 147' 18" W. FROM THE EXISTING SOUTHWEST RIGHT -OF -WAY LINE OF LEOPARD STREET; THENCE N. 65" 12, 42" W. A DISTANCE OF 130.00 FEET TO A POINT, THE POINT OF CURVE OF A CIRCULAR CURVE TO THE RIGHT; THENCE IN A NORTHWESTERLY DIRECTION WITH THE ARC OF SAID CURVE WHOSE RADIUS IS 2149.93 FEET AND WHOSE CENTRAL ANGLE IS 200 24, 142 ", A DISTANCE OF 89.04 FEET TO A POINT; THENCE N. 440 48, W. A DISTANCE OF 10 FEET TO A POINT IN THE EAST RIGHT -OF -NAY LINE OF STARLITE LANE; AND ALSO, THE RIGHT TO USE THE LAND EXTENDING 25 FEET TO THE NORTH AND 25 FEET TO THE SOUTH OF THE ABOVE DESCRIBED CENTERLINE DURING THE PERIOD OF CONSTRUCTION OF A SANITARY SEWER LINE. WHEREAS, RECORD TITLE OF SAID TRACT OR PARCEL OF LAND APPEARS TO BE IN THE FOLLOWING: AGNES A. MCCORKLE, TRUSTEE; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, HAS BEEN UNABLE TO ACQUIRE THE AFORESAID TRACT OR PARCEL OF LAND BECAUSE OF REFUSAL OF OWNER TO ��c NEGOTIATE AT ANY PRICE, AND FURTHER HAS BEEN UNABLE TO NEGOTIATE WITH THE OWNER AS TO VALUE BECAUSE OF SAID REFUSALS IT ISM THEREFORE DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID TRACT OR PARCEL OF LAND DESCRIBED ABOVE BE ACQUIRED BY THE CITY OF CORPUS CHRISTI AND THAT SAID EASEMENT BE ACQUIRED 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 THE LAWS OF THE STATE OF TEXAS THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS DOES HEREBY ORDERS DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE INSTI- TUTED FOR THE PURPOSE OF ACQUIRING AN EASEMENT FOR UTILITY PURPOSES ON THE ABOVE DESCRIBED LAND AND PREMISES EXCLUDING MINERAL INTERESTS FOR USE BY THE CITY FOR THE CONSTRUCTION OF THE BERVONNE TERRACE SANITARY SEWER PROJECT WITHIN THE CITY LIMITS, AND OTHER MUNICIPAL USES, AND TO CONDEMN THE EASE- MENT IN THE AFORESAID PARCEL OR TRACT OF LANDS 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 OF SAID PROPERTY FOR USE AS A SANITARY SEWER EASEMENT AND PUBLIC UTILITY PURPOSES. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND USE OF THE AFORESAID PARCEL OR TRACT OF LAND HEREINABOVE DESCRIBED FOR THE BERVONNE TERRACE SANITARY SEWER PROJECT, WITHIN THE CITY LIMITS AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMER- GENCY 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 MAYORS HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXISTS 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 AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED THIS THE (/� / DAY OF FEBRUARY, 1968. ATTEST' CITY SECRET Y O THE CITY OF CORPUS CHRISTI, TEXAS APPROVED AS TO EGAL FORM THI 02 DAY OF BRUARY, 1968: CITY ATTO NEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI TEXAS {Q ./ DAY OF . � '19 (OO FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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; I, 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 /ga40m_ "_ ,z <J MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JACK R. BLACKMON RONNIE SIZEMORE `124p, V. A. „DICK" BRADLEY JR.� P. JIMENEZ, JR., M.D. ✓ 7 GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS' THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON 1� RONNI ESI2EM ORE ✓I /� V. A. "DICK" BRADLEY, JR P. JIMENEZ, JR., M.D. ✓/ GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS ,�'