HomeMy WebLinkAbout09027 ORD - 09/18/1968BJw:9/18/68
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI, TEXAS, TO CONDEMN FOR UTILITY PURPOSES
A CERTAIN PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS,
BEING NECESSARY FOR HILLTOP MAIN LINE 31 -A, PROJECT
NO. 250 -64 -36.9; DESCRIBING SAID PROPERTY AND IDENTIFYING
THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY
FOR USE OF THE PUBLIC FOR MUNICIPAL PURPOSES, AND BEING
WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO-
CEEDINGS 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 NO. 1, HILLTOP MAIN LINE 31 -A, PROJECT No. 250 -64 -36.9, WHICH PARCEL
OF LAND 15 MORE FULLY DESCRIBED HEREINAFTER AND WHICH PARCEL OF LAND IS NEEDED
IN CONNECTION WITH SAID AFOREMENTIONED PROJECT; AND
WHEREAS, THE AFORESAID PROJECT REQUIRES THE ACQUISITION OF FEE
i.
SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND:
PARCEL NO. 1
A TRACT OF LAND 30 FEET WIDE OUT OF SHARES 9 AND 10 OF
THE CORPUS CHRISTI HART ESTATE PARTITION DEED DATED
APRIL 231 1942 AND RECORDED IN VOL. 293 PAGE 425 OF THE
DEED RECORDS OF NUECES COUNTY, TEXAS, SAID TRACT OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS, TO -WIT:
BEGIN N I N G AT THE MOST EASTERLY CORNER OF THAT CERTAIN
1.01A-TRACT OF LAND CONVEYED TO E. N. FULGHUM, SR. BY DEED
DATED JUNE 1, 1956 OF RECORD IN VOL. 736 PAGE 223, NUECES
COUNTY, TEXAS, DEED RECORDS;
THENCE N 56° 23' W WITH THE NORTH BOUNDARY LINE OF SAID
1.01 ACRE TRACT, SAME BEING THE SOUTH BOUNDARY LINE OF THE
MAURICE ARAGE 2.688 ACRE TRACT, A DISTANCE OF 18.18 FEET
TO A POINT FOR A CORNER OF THIS TRACT;
THENCE N 34° 24' 2111, A DISTANCE OF 194.12 FEET TO A POINT;
THENCE N 17° 12' 5411 E, A DISTANCE OF 207.70 FEET TO A POINT
IN THE SOUTHWEST RIGHT OF WAY LINE OF INTERSTATE N0. 37 FOR
A CORNER OF THIS TRACT;
THENCE S 72° 10' 3911 E WITH THE SOUTHWEST RIGHT OF WAY LINE
OF SAID INTERSTATE HIGHWAY NO. 37, A DISTANCE OF 20 FEET TO
A POINT FOR A CORNER OF THIS TRACT;
THENCE S 17e 12' 5411 W A DISTANCE OF 210.50 FEET TO A POINT;
THENCE S 34° 24' 2111 W A DISTANCE OF 193.4 FEET TO A POINT
IN THE SOUTHEAST BOUNDARY LINE OF SAID 2.600 ACRE TRACT FOR
A CORNER OF THIS TRACT;
THENCE S 62° 41' W WITH THE SOUTHEAST BOUNDARY LINE OF SAID
2.688 ACRE TRACT A DISTANCE OF 3.86 FEET TO THE PLACE OF
BEGINNING;
9027
AND
• r
AND ALSO THE RIGHT TO USE THE LAND EXTENDING 20 FEET
EACH SIDE OF THE ABOVE DESCRIBED EASEMENT DURING THE
PERIOD OF CONSTRUCTION OF A SANITARY SEWER LINE.
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING:
AND
MAURICE ARAGE AND WIFE, KATHERINE ARAGE;
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 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:
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, BEING LOCATED IN
NUECES COUNTY, TEXAS, FOR USE BY THE PUBLIC FOR UTILITY PURPOSES AND OTHER
MUNICIPAL PURPOSES, BEING DESIGNATED BY THE CITY AS HILLTOP MAIN LINE 31-A,
PROJECT No. 250 -64 -36.9.
SECTION 2. THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI 15
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 HILLTOP
MAIN LINE 31 -A, AND FOR OTHER MUNICIPAL PURPOSES, AS AFORESAID.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OF
-2-
LAND HEREINABOVE DESCRIBED FOR THE PURPOSES HEREIN STATED AND DESCRIBED
CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING
THE SUSPENSION OF THE CHARTER RULE AND 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 THAT SUCH EMERGENCY AND NECES-
SITY 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 /D �J V / DAY OF SEPTEMBER, 1968.
ATTEST:
0 agt�,�A���� J
CITY SECRET RY MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
Y OF SEP ER, �g68:
ITY ATTORNEY
CORPUS CHRISTI, TEXAS / o
/� _�DAY O , l9!p-
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 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,
Y'R,
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED Y THE FOLLOWING VOTE:
JACK R. BLACKMON
BONNIE SIZEMORE (� _
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS Ga�Q J
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING
JACK R. BLACKMON
BONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS �(./