Loading...
HomeMy WebLinkAbout09509 ORD - 10/08/1969AN 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 OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE GOLLIHAR ROAD PAVING AND IMPROVEMENTS, GREENWOOD TO STATE HIGHWAY NO. 286, UNIT II, PROJECT NO. 220- 67 -86, AND FOR OTHER MUNICIPAL PURPOSES, AND BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECT- ING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEED- INGS AGAINST JUAN M. GONZALEZ, ROSA M. GONZALEZ, JOSE M. GONZALEZ, ARNULFO M. GONZALEZ, ALFONSO M. GONZALEZ, MANUEL M. GONZALEZ, ADOLFO M. GONZALEZ, INDIVIDUALLY AND AS HEIRS OF THE ESTATE -OF JUAN A. GONZALEZ AND ISABEL M. GONZALEZ, DECEASED, AND 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 DESCRIBED AS A PORTION OF LOT 12, SECTION G, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, 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 GOLLIHAR ROAD PAVING AND IMPROVEMENTS, GREENWOOD TO STATE HIGHWAY NO. 286, UNIT II, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE FOLLOWING TRACT OR PARCEL OF LAND: BEING A STRIP OF LAND OUT OF LOT 12, SECTION G, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE 28, MAP RECORDS, NUECES COUNTY, TEXAS, SAID STRIP OF LAND BLINU MURL PARIILULAKLI VLSCRI BED B METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK A, GOLLIHAR PARK SUBDIVISION UNIT 2, AS SHOWN BY MAP OF RECORD IN VOLUME 16, PAGE 11 NUECES COUNTY, TEXAS MAP RECORDS, SAID POINT BEING IN THE SOUTHWEST RIGHT OF p WAY LINE OF 60 FOOT WIDE GOLLIHAR ROAD, AND BEING S. 28, 201 W., 4o.0 FEET FROM THE MOST EASTERLY CORNER OF SAID LOT 12, FOR THE MOST SOUTHERLY AND POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE N. 61° 1101 W., A DISTANCE OF 819.80 FEET TO A POINT) THENCE N, 6110 43' 0311 W., A DISTANCE OF 300.113 FEET TO A POINT; THENCE N. 61° 1101 W., A DISTANCE OF 135.00 FEET TO A POINT BEING THE P.C. OF A CURVE TO THE LEFT; THENCE IN A WESTERLY AND SOUTHWESTERLY DIRECTION WITH THE ARC OF A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 90 °, AND WHOSE RADIUS IS 20.0 FEET, A DISTANCE OF 31.112 FEET TO A POINT IN THE SOUTHEAST RIGHT -OF -WAY LINE OF GREENWOOD DRIVE AS ACQUIRED IN AUGUST 1968, BY VOLUME 1288, PAGE 1188, DEED RECORDS, NUECES COUNTY, TEXAS, FOR A CORNER OF THIS TRACT; THENCE N. 280 201 E., ALONG THE SOUTHEAST RIGH -OF -WAY LINE OF GREENWOOD DR., A DISTANCE OF 56.0 FEET TO A POINT BEING THE INTERSECTION OF THE SOUTHEAST RIGHT -OR -WAY LINE OF GREENWOOD DR. AND THE SOUTHWEST RIGH -OF -WAY LINE OF GOLLIHAR ROAD, FOR A CORNER OF THIS TRACT; 9509 'r�'° AND THENCE S. 61, 40l E., WITH SAID GOLLIHAR ROAD RIGHT -OF -WAY LINE, A DISTANCE OF 1274.8 FEET TO A POINT FOR A CORNER OF THIS TRACT; THENCE S. 28° 201 W., A DISTANCE OF 20.0 FEET TO THE POINT OF BEGINNING; CONTAINING 30,462.0 SQUARE FEET (o.699) ACRES OF LAND MORE OF LESS. WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE FOLLOWING: JUAN M. GONZALEZ, ROSA M. GONZALEZ, JOSE M. GONZALEZ, ARNULFO M. GONZALEZ, ALFONSO M. GONZALEZ, MANUEL M. GONZALEZ. ADOLFO M. GONZALEZ, INDIVIDUALLY AND AS HEIRS OF THE ESTATE OF JUAN A. GONZALEZ AND ISABEL M. GONZALEZ, DECEASED. 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 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 t. 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 INSTI- TUTED 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 GOLLIHAR ROAD PAVING AND IMPROVEMENTS, GREENWOOD TO STATE HIGHWAY NO. 286, SAID PROJECT BEING FOR PUBLIC STREET, AND OTHER MUNICIPAL PURPOSES, WITHIN THE CITY LIMITS, AND TO CONDEMN THE FEE 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 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 -2- OBTAIN POSSESSION AND TITLE TO SAID PROPERTY FOR USE IN THE SAID p � GOLLIHAR ROAD PAVING AND IMPROVEMENTS, GREENWOOD TO STATE HIGHWAY NO. 286, 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 GOLLIHAR ROAD IMPROVEMENTS, GREENWOOD TO STATE HIGHWAY N0. 286, SAID PROJECT BEING FOR PUBLIC STREET AND OTHER MUNICIPAL PURPOSES WITHIN THE CITY LIMITS AS HEREINABOVE DESCRIBED AND PRO- VIDED, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIR- ING 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 FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE A40 DAY OF OCTOBER, 1969. ATTEST: A CI Y SECIRITyl M OR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF OCTOBER, i969: � 'Ll -A CITY ATTORN Y, Corpus Christi, Texas � ejday of Cl� 1967 TO THE MEMBERS OF TEL CITY COUNCIL r 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, "..L MAYOR -Off THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: ` Jack R. Blackmon call-,) // Gabe Lozano, Sr. � o V. A. "Dick'Bradley, Jr. Eduardo E. de Ases 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. r Eduardo E. de Ases Ken McDaniel W. J. ''Wrangler" Roberts Ronnie Sizemore