HomeMy WebLinkAbout09059 ORD - 10/02/1968AN 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, BEING PARCEL NO.
13; IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION
BEING NECESSARY FOR THE OCEAN DRIVE - CRAIG TO ALAMEDA,
PROJECT NO. 220- 67 -97, FOR PUBLIC STREET 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 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. 13, OCEAN DRIVE - CRAIG TO ALAMEDA, PROJECT No. 220- 67 -97, 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 AFORESAID PROJECT REQUIRES THE ACQUISITION OF FEE
SIMPLE TITLE IN AND TO THE FOLLOWING PARCEL OR TRACT OF LAND:
AND
A STRIP OF LAND OUT OF LOTS 9 AND 10, BLOCK 2 OF THE
ALTA VISTA ON THE BAY ADDITION AS SHOWN BY MAP OR PLAT
OF RECORD IN VOLUME 1, PAGE 22, MAP RECORDS OF NUECES
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10 FOR A
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CORNER OF THIS TRACT;
THENCE S. 59° 19' 55" W WITH THE SOUTHEAST BOUNDARY
LINE OF SAID LOT 10 A DISTANCE OF 5.32 FEET TO A POINT
FOR A CORNER OF THIS TRACT;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE ARC OF A
CIRCULAR CURVE TO THE LEFT, WHOSE RADIUS IS 942.50 FEET
AND WHOSE CENTRAL ANGLE IS 3° OS' 37" A DISTANCE OF 51.72
FEET TO A POINT FOR A CORNER OF THIS TRACT;
THENCE N. 590 19' 55" E. A DISTANCE OF 1.25 FEET TO
A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 9
FOR A CORNER OF THIS TRACT;
THENCE S. 30° 35' 05" E. WITH THE NORTHEAST BOUNDARY
LINE OF SAID LOT 91 AT 1.50 FEET PASS THE SOUTHEAST
CORNER OF SAID LOT 9 AND CONTINUING ALONG THE NORTHEAST
BOUNDARY LINE OF SAID LOT 10 IN ALL, A DISTANCE OF 51.50
FEET TO THE PLACE OF BEGINNING.
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: J. MARVIN ERICSON AND WIFE, ELIZABETH B. ERICSON; 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
SIG
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 IN-
STITUTED 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 - CRAIG TO ALAMEDA, PROJECT No. 220- 67 -97, SAID
PROJECT BEING FOR PUBLIC STREET, PUBLIC PARK, EROSION CONTROL 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 OCEAN
DRIVE - CRAIG TO ALAMEDA PROJECT, 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
LAND 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 INTRO-
DUCTION, 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
-2-
OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL
FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED,
THIS THE, AY OF OCTOBER, 1968.
ATTEST:
ZIT'f SECRE'T
APPROVED:
DAY OF OCTOBER, 1968:
n Dt
CITY ATTOkNEY
A / (-"- I I M � �! � -
AYOR`
THE CITY OF CORPUS CHRISTI, TEXAS
CORPUS CHRISTI, TEXAS /�
1L. DAY OF l� // _t , , l g-!
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,
,Q!1- 04,'10 PaA,
1<7YOR
/ THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JACK R. BLACKMON_
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ, JR., M.B.
GABE LOZANO, SR.
7
KEN MCBANIEL rl= vc,�, -pvJ
W. J. "WRANGLER" ROBERTS
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR. �AI
P. JIMENEZ, JR., M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS