HomeMy WebLinkAbout09028 ORD - 09/18/19689/18/68:e
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FOR UTILITY PURPOSES A CERTAIN
PARCEL OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING
SAID PROPERTY AND IDENTIFYING THE RECORD TITLE OWNERS;
SAID CONDEMNATION BEING NECESSARY FOR USE OF THE PUBLIC
FOR UTILITY PURPOSES AND FOR OTHER MUNICIPAL PURPOSES IN
CONNECTION WITH PROJECT 250 -64 -36.9, HILLTOP SANITARY
SEWER MAIN; SAID PROPERTY 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 No. 3, Hilltop Sanitary Sewer Main, which parcel of land is more
fully described hereinafter and which parcel of land is needed in
connection with said aforementioned project, designated as Project No.
250 -64 -36.9; and
WHEREAS, the aforesaid project requires the acquisition of fee
simple title in and to the following parcel or tract of land:
A tract of land 20 feet in width and approximately 798 feet
in length out of the Fred Steubing Grant, Abstract 808, said tract
of land being more particularly described by metes and bounds
as follows, to -wit:
Beginning at a point in the northeast right -of -way line of
Leopard Street (State Highway No. 9), said point being S. 560
24' E. 226.1 feet from the most westerly corner of a tract
of land conveyed to Edgar Linkenhoger by Emil Krejci on July 20,
1961, by deed recorded in Volume 932, Page 163, of the Deed
Records of Nueces County, Texas;
Thence N. 330 36' E. a distance of 388.82 feet to a point;
Thence North 210 18' E. a distance of 140.29 feet to a point;
Thence N. 80 08' W. a distance of 204.46 feet to a point;
Thence N. 350 24' E. a distance of 46.19 feet to a point in the
north boundary line of said Edgar Linkenhoger Tract for a corner
of this tract;
Thence N. 620 41' E. with the north boundary line of said
Linkenhoger Tract a distance of 43.64 feet to a point for a
corner of this tract;
Thence S. 350 24' W. a distance of 76.96 feet to a point;
Thence S. 80 08' E. a distance of 201.74 feet to a point;
Thence S. 210 18' W. a distance of 147.71 feet to a point;
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Thence S. 330 36' W. a distance of 390.98 feet to a point
in the northeast right -of -way line of Leopard Street (State
Highway No. 9), for a corner of this tract;
Thence N. 560 24' W. with the northeast right -of -way line
of Leopard Street a distance of 20 feet to the place of
beginning; and
Also the right to use the land extending 20 feet to the left
and 20 feet to the right of the above described 20 foot
permanent easement, making a total of 60 feet during the
period of construction of a sanitary sewer line.
WHEREAS, record title of the aforesaid parcel appears to be in
the following: Edgar Linkenhoger; 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 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
said 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 Hilltop Sanitary Sewer Main, Project No. 250- 64-36.9, said
project being for public utility and 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 use in the said Hilltop
Sanitary Sewer Main, and for other municipal purposes, as aforesaid.
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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 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 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 fh�) day of September, 1968.
ATTE iK
Ci y ecr to
APPROVED:
AY OF S ER, 1968:
G City Attorney
/7 THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS
ZiL�b-A, OF ��v��� ¢= ' lq�
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,
R
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKFiON - - -�_
RONNIE SIZEMORE
V. A. 11DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D. J
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON O
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.D.
WBE LOZAN O, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS .�