HomeMy WebLinkAbout08808 ORD - 03/20/1968•
JKH:3 -19 -68
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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 NECESSARY
FOR THE IMPROVEMENT OF EVERHART ROAD, PADRE ISLAND
DRIVE TO HOLLY ROAD, FOR PUBLIC STREET PURPOSES
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 OUT THE INTENTIONS 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 PARCEL OR TRACT OF LAND DESIGNATED AS
PARCEL N0. 2, EVERHART ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD, WHICH PARCEL
OF LAND IS MORE FULLY DESCRIBED HEREINAFTER AND WHICH PARCEL OF LAND IS
NEEDED IN CONNECTION WITH THE SAID AFOREMENTIONED PROJECT; AND
WHEREAS, THE SAID EVERHART ROAD, PADRE ISLAND DRIVE TO HOLLY
ROAD PROJECT., N0. 220- 67 -89, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE
IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND:
AND
PARCEL NO. 2
A TRACT OF LAND 10 FEET IN WIDTH AND 772.46 FEET IN
LENGTH OUT OF LOT 3, OSO FARM TRACTS AS SHOWN BY MAP
OF RECORD IN VOLUME A, PAGE 49, MAP RECORDS OF NUECES
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT, THE INTERSECTION OF THE PRESENT
NORTHWEST RIGHT -OF -WAY LINE OF EVERHART ROAD AND THE
SOUTHWEST BOUNDARY LINE OF SAID LOT 3, OSO FARM TRACTS,
SAID POINT BEARS N. 61° OO, W. 30 FEET FROM THE MOST
SOUTHERLY CORNER OF SAID LOT 3;
THENCE N. 61° OO, W. WITH THE SOUTHWEST BOUNDARY LINE OF
THE HERMAN WATERS 2.837 ACRE TRACT, A DISTANCE OF 10 FEET
TO A POINT FOR A CORNER OF THIS TRACT;
THENCE N. 29° 00, E, PARALLEL TO AND 10 FEET NORTHWEST
OF THE NORTHWEST RIGHT -OF -WAY LINE OF EVERHART ROAD, A
DISTANCE OF 772.46 FEET TO A POINT IN THE NORTHEAST
BOUNDARY LINE OF SAID 2.837 ACRE TRACT FOR A CORNER OF
THIS TRACT;
THENCE S. 61' 00, E. WITH THE NORTHEAST BOUNDARY LINE
OF SAID 2.837 ACRE TRACT, A DISTANCE OF 10 FEET TO A
POINT IN THE NORTHWEST RIGHT -OF -WAY LINE OF EVERHART
ROAD FOR A CORNER OF THIS TRACT;
THENCE S. 29° 001 W. WITH THE NORTHWEST RIGHT -OF -WAY LINE
OF EVERHART ROAD, A DISTANCE OF 772.46 FEET TO THE PLACE
OF BEGINNING;
S808
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WHEREAS, RECORD TITLE TO THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
HERMAN F. WATERS, HERMAN FLOYD WATERS, JR., MARY HELEN
WATERS AND PATRICIA RUTH WATERS;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN
AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS 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 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 EVERHART ROAD, PADRE ISLAND DRIVE TO HOLLY ROAD, 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
OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR IMPROVEMENT OF EVERHART
ROAD 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 EVERHART ROAD, PADRE ISLAND DRIVE TO
HOLLY ROAD, PROJECT, AND FOR OTHER MUNICIPAL PURPOSES AND FACILITIES WITHIN
THE CITY LIMITS AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC
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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
DAY OF MARCH, 1968.
ATTEST:
Clrf $ECRE*A;R,/Y
APPROVED:
O DAY OF MARCH, 1968:
CITY ATTORNEY
��- ite, �11�
MAYOR Pr®.
THE CITY OF C P CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
.2-tL DAY OF I9__"
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 COUNCILS 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 p�,s
THE MY OaFPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON &Le.,.,
RONNIE SIZEMORE Q e.
V. A. "DICK" BRADLEY, JR. ckle
P. JIMENEZ, JR., M.D. CY
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. al a
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. 'WRANGLER" ROBERTS