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HomeMy WebLinkAbout08804 ORD - 03/20/1968• JNH:3 -19 -66 . 0 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 OWNER, SAID CONDEMNATION BEING NECES- SARY FOR THE IMPROVEMENT OF OCEAN DRIVE FOR PUBLIC STREET PURPOSES AND BEING 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 ORDINANCE; AND DECLARING 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 N0. 11 OCEAN DRIVE - ALAMEDA JUNCTION TO N.A.S. 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 - ALAMEDA JUNCTION TO N.Q.S. PROJECT REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOW- ING PARCEL OR TRACT OF LAND: TRACT BEING 46.354 -ACRE TRACT OUT OF CAYO DEL OSO AND CORPUS CHRISTI BAY, SAID LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT U.S.G.S. STATION "CALLO ", LAMBERT GRID COORDINATES, X =2,384,025.51, Y =744,293.5 LATITUDE 27° 42' 39.666 ", LONGITUDE 97° 18' 47.218 "; THENCE N. 54° 11' 00" W., A DISTANCE OF 341.42 FEET TO A POINT IN THE EXISTING SOUTHWEST RIGHT OF WAY LINE OF 90 -FOOT WIDE OCEAN DRIVE; THENCE N. 66° 29' 12" W., WITH THE EXISTING SOUTHWEST RIGHT OF WAY LINE OF SAID OCEAN DRIVE, A DISTANCE OF 695.19 FEET TO A POINT FOR THE PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE N. 26° 15' 28" E., ACROSS OCEAN DRIVE, A DISTANCE OF 90.10 FEET TO A POINT IN THE EXISTING NORTHEAST RIGHT OF WAY LINE OF SAID OCEAN DRIVE FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 73° 15' 55" E., A DISTANCE OF 1704.09 FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 72° 35' 12" E., A DISTANCE OF 2155.63 FEET TO A POINT, FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 65° 25' 17" E., A DISTANCE OF 1603.44 FEET TO A POINT IN THE NORTHEAST RIGHT OF WAY LINE OF SAID OCEAN DRIVE FOR A CORNER OF THE TRACT HEREIN DESCRIBED; 1380`$ • • AND THENCE S. 17° 24' 48" W., ACROSS SAID OCEAN DRIVE, A DISTANCE OF 90.0 FEET TO A POINT, FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 79, 145' 07^ W., A DISTANCE OF 1603.44 FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 72° 35' 12" W., A DISTANCE OF 2181.75 FEET TO A POINT FOR A CORNER OF THE TRACT HEREIN DESCRIBED) THENCE N. 59° 514' 03" W., A DISTANCE OF 1733.98 FEET TO THE PLACE OF BEGINNING] WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE FOLLOWING: THE STATE OF TEXAS; AND WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNER AND CLAIMANT AS TO THE PRICE AND VALUE OF SAID LAND, AND DAMAGES, FOR THE TAKING THEREOF BY THE CITY; IT IS, THERE- FORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT THE SAID LOT OR PARCEL OF LAND DESCRIBED ABOVE 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: 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 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 - ALAMEDA JUNCTION TO N.A.S. PROJECT, AND FOR OTHER MUNICIPAL PURPOSES WITHIN THE CITY LIMITS AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCEL OR TRACT 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 -2- OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR IMPROVEMENT OF OCEAN DRIVE FOR PUBLIC STREET PURPOSES AND FOR OTHER MUNICIPAL PURPOSES. SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OF LAND DESCRIBED HEREINABOVE FOR THE OCEAN DRIVE - ALAMEDA JUNCTION TO N.A.S. PROJECT, AND FOR OTHER MUNICIPAL PURPOSES AND FACILITIES WITHIN THE CITY LIMITS AS HEREINABOVE DESCRIBED AND PROVIDED, 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 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 ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE AY OF MARCH, 1968. ATTES u CITY SEC TA `(O �H ®ems APPROVED: THE CI OF P CHRISTI, TEXAS DAY OF MARCH, 1968: CITY ATTORNEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS .2. DAY OF , 19-L? 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 COUNCILS 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, MAYOR pwX,,m THE CITY OF S CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES JACK R. BLACKMON aL RONNIE SIZEMORE nAee _ 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 V. A. "DICK" BRADLEY, JR. ale I P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL OL4 4,e W. J. "WRANGLER" ROBERTS