HomeMy WebLinkAbout09151 ORD - 12/04/1968r
• VMP:12I168 •
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; DESCRIBING SAID PROPERTY DESIGNATED AS PARCEL
NO. 1, UTILITY RELOCATION, SOUTH PADRE ISLAM DRIVE -
KOSTORYZ TO LARCADE, AND IDENTIFYING THE RECORD TITLE
OWNERS, ARTHUR H. KARP AND WAYNE LUNDQUIST, SAID CON-
DEMNATION 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 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. 1, UTILITY RELOCATION, SOUTH PADRE ISLAND DRIVE - KOSTORYZ TO
LARCADE, 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:
A STRIP OF LAND 10 FEET IN WIDTH AND 150 FEET IN LENGTH
OUT OF LOT 8 -A OF THE REPLAT OF A PORTION OF LOT 8
LEXINGTON VILLAGE AS SHOWN BY MAP OR PLAT OF RECORD IN
VOLUME 21, PAGE 66, NUECES COUNTY, TEXAS, MAP RECORDS.
SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 8 -A
FOR A CORNER OF THIS TRACT;
THENCE S. 61' 30' E. WITH THE NORTHEAST BOUNDARY LINE
OF SAID LOT 8 -A, BEING ALSO THE SOUTHWEST RIGHT OF WAY
LINE OF SOUTH PADRE ISLAND DRIVE, A DISTANCE OF 150 FEET
TO THE MOST EASTERLY CORNER OF SAID LOT 8 -A FOR A CORNER
OF THIS TRACT;
THENCE S. 29' W. WITH THE SOUTHEAST BOUNDARY LINE OF SAID
LOT 8 -A, A DISTANCE OF 10.00 FEET TO A POINT FOR A CORNER
OF THIS TRACT;
THENCE N. 61' 30' W. PARALLEL TO AND 10 FEET SOUTHWEST OF
THE SOUTHWEST RIGHT OF WAY LINE OF SOUTH PADRE ISLAND
DRIVE, A DISTANCE OF 150 FEET TO A POINT IN THE NORTHWEST
BOUNDARY LINE OF SAID LOT 8 -A FOR A CORNER OF THIS TRACT;
THENCE N. 29' E. WITH THE NORTHWEST BOUNDARY LINE OF SAID
LOT 8 -A, A DISTANCE OF 10.00 FEET TO THE PLACE OF BEGIN-
NING;
AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: ARTHUR H. KARP AND WAYNE LUNDQUIST;
AND
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WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNERS AND CLAIMANTS 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 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, FOR USE BY THE
CITY FOR THE AFOREMENTIONED PROJECT, SAID PROJECT BEING NECESSARY FOR THE
USE OF THE PUBLIC FOR MUNICIPAL PURPOSES WITHIN THE CITY LIMITS AND TO CON-
DEMN 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 PROJECT 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
HEREINABOVE DESCRIBED FOR THE PURPOSES HEREIN STATED AND DESCRIBED CREATES
A PUBLIC EMERGENCY AND 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
-2-
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
•
CORPUS CHRISTI, TEXAS /
DAY OF � 19ly '
FOR THE- REA50NS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCES 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 A14D PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
RESPECTFULLY}
MAYOR I'ru• Yarn
THE CITY OF 0RP ISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE;
JACK R. BLACKMON
RONNIE SIZEMORE
V. A. "DICK" BRADLEY, JR.
P. JIMENEZ� JR v M.D.
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS
If
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JACK R. BLACKMON�
RONNIE SIZEMORE
V. A. "DICK" BRADLEYS JR.
P. JIMENEZj JR., M.D.
oll
GABE LOZANO, SR.
KEN MCDANIEL
W. J. "WRANGLER" ROBERTS