HomeMy WebLinkAbout09460 ORD - 08/13/1969AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY
OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN
PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY,
TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE
RECORD TITLE OMERS, SAID CONDEMNATION BEING NECES-
SARY FOR THE OCEAN DRIVE - CRAIG TO ALAMEDA PROJECT,
NO.'220- 67 -97, AND FOR OTHER MUNICIPAL PURPOSES, AND
BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF
CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS AGAINST NORMAN
RANSLEBEN AND LESLIE FELDSER, ET AL, 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. 27, OCEAN DRIVE - CRAIG TO ALAMEDA PROJECT, 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 SAID OCEAN DRIVE - CRAIG TO ALAMEDA PROJECT
REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING
PARCEL OR TRACT OF LAND:
BEING A TRACT OF LAND OUT OF LOTS 10 AND 11, BLOCK 4,
EDGEWATER TERRACE AS SHOWN BY MAP OF RECORD IN VOLUME
7, PAGE 38, NUECES COUNTY, TEXAS, MAP RECORCE, SAID
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10,SAID
POINT BEING IN THE SOUTH RIGHT -OF -WAY LINE OF 80 -FOOT
WIDE OCEAN DRIVE FOR THE BEGINNING CORNER OF THE TRACT
HEREIN DESCRIBED;
THENCE IN AN EASTERLY DIRECTION WITH THE ARC OF A CURVE TO
THE LEFT WHOSE CENTRAL ANGLE IS 1° O6l 4511, AND WHOSE
RADIUS IS 5769.65 FEET, A DISTANCE OF 112.02 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE IN A SOUTHEASTERLY AND SOUTHERLY DIRECTION WITH
THE ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS
106° 50' 09", AND WHOSE RADIUS IS 63.52 FEET, A DISTANCE
OF 116.09 FEET TO A POINT IS THE EAST BOUNDARY LINE OF SAID
LOT 11 AND IS THE WEST RIGHT -OF -WAY LINE OF 100 -FOOT WIDE
ALAMEDA STREET FOR A CORNER OF THIS TRACT;
THENCE S. 35° 111 4O" W. WITH THE NORTHWEST RIGHT -OF -WAY
LINE OF SAID ALAMEDA STREET, A DISTANCE OF 14.79 FEET
TO POINT FOR A CORNER OF THIS TRACT;
THENCE IN A SOUTHERLY DIRECTION WITH THE ARC OF A CURVE TO
THE RIGHT WHOSE CENTRAL ANGLE IS 120 11' 08" AND WHOSE
RADIUS IS 600.40 FEET, A DISTANCE OF 127.69 FEET TO A POINT
FOR A CORNER OF THIS TRACT;
9460
AND
THENCE IN A WESTERLY DIRECTION WITH THE ARC OF A CURVE
TO THE LEFT WHOSE CENTRAL ANGLE IS 34° 0j1 05" AND WHOSE
RADIUS IS 20.26 FEET, A DISTANCE OF 121.32 FEET TO A
POINT FOR A CORNER OF THIS TRACT;
THENCE N. 331 221 2011 W. A DISTANCE OF 51.02 FEET TO A
POINT IN THE 1 COMMON BOUNDARY LINE OF LOTS 9 AND 10,
SAID BLOCK 4, FOR A CORNER OF THIS TRACT;
THENCE N. 25^ 101 30° E., WITH THE COMMON BOUNDARY LINE
OF SAID LOTS 9 AND 10, A DISTANCE OF 72.99 FEET TO THE
PLACE OF BEGINNING,
CONTAINING 23,496.05 SQUARE FEET OF LAND, MORE OR LESS;
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO
BE IN THE FOLLOWING:
NORMAN RANSLEBEN AND LESLIE FELDSER; AND
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 LOT OR PARCEL OF LAND, AND DAMAGES FOR THE
TAKING THEREOF BY THE CITY; IT 15, 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 CITY15
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 OCEAN DRIVE - CRAIG TO ALAMEDA PROJECT, SAID
PROJECT BEING FOR PUBLIC STREET, 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
15 HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE PROCEEDINGS AGAINST THE
-2-
SAID PROPERTY, AND AGAINST ALL PERSONS WHO APPEAR TO HAVE AN INTEREST
THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS FINAL CON-
CLUSION 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.
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 OCEAN DRIVE - CRAIG TO ALAMEDA
PROJECT, SAID PROJECT BEING FOR PUBLIC STREET AND OTHER MUNICIPAL
PURPOSES WITHIN THE CITY LIMITS AS HEREINABOVE DESCRIBED AND PROVIDED
CREATES A PUBLIC 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 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 INTRODUC-
TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER
ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE 1-3'1L DAY OF
AUGUST, 1969•
ATTEST:
"r,-,
C TY SECRk 76 MA OR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF AUGUST, 1969:
/"� "�
Z A ISTANT CITY ATT Y
Corpus Christi, Texas
Likday of ice 19�
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; 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,
EAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick"Bradley, Jr.
Eduardo E. de Ases
i•
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon .�
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
Ronnie Sizemore