HomeMy WebLinkAbout09752 ORD - 05/13/19705/13/70
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE
TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN
NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTI-
FYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING
NECESSARY FOR THE CONSTRUCTION OF FLOUR BLUFF AND u
LAGUNA MADRE WATER LINES, PROJECT NO. 202- 68 -29 -3; VJ A/
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS AGAINST LAGUNA ESTATES, INC., THE OWNER;
AND DECLARING AN EMERGENCY.
L
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 FOLLOWS:
BEING A STRIP OF LAND OUT OF LOTS 12 AND 13, SECTION 54,
h_ FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS SHOWN
BY MAP OF RECORD IN VOLUME A, PAGE 42, NUECES COUNTY,
TEXAS MAP RECORDS, SAID STRIP OF LAND BEING MORE PARTI-
CULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
AND
BEGINNING AT THE MOST EASTERLY CORNER OF SAID 1LOT 12, 1}
SAID POINT BEING THE COMMON CORNER OF LOTS 3, , 11,
AND 12, SAID SECTION 54, FOR THE MOST EASTERLY AND
BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 29° 001 W., WITH THE SOUTHEAST BOUNDARY LINE
OF SAID LOT 12, A DISTANCE OF 25.0 FEET TO A POINT FOR
THE MOST EASTERLY SOUTHEAST CORNER OF THIS TRACT;
THENCE N. 610 Olt 30" W., WITH A LINE THAT IS 25.0 FEET
SOUTHWEST OF AND PARALLEL TO THE NORTHEAST BOUNDARY LINE
OF SAID LOTS 12 AND 13, A DISTANCE OF 790,72 FEET TO A
POINT FOR AN INTERIOR CORNER OF THIS TRACT;
THENCE N. 83° 31' 30" W., A DISTANCE OF 324.02 FEET TO A
POINT FOR THE MOST SOUTHERLY CORNER OF THIS TRACT;
THENCE 61° 01' 30" W., A DISTANCE OF 324.02 FEET TO A
POINT FOR THE MOST SOUTHERLY CORNER OF THIS TRACT;
THENCE N. 29° 001 E., A DISTANCE OF 50.0 FEET TO A POINT
FOR A CORNER OF THIS TRACT;
THENCE S. 83° 31' 30" E., A DISTANCE OF 258.70 FEET TO A
POINT IN THE NORTHEAST BOUNDARY LINE OF SAID LOT 13, FOR
THE MOST NORTHERLY CORNER OF THIS TRACT;
THENCE S. 61° Olt 30" E., WITH THE NORTHEAST BOUNDARY LINE
OF SAID LOTS 13 AND 12, A DISTANCE OF 861.03 FEET TO THE
POINT OF BEGINNING;
CONTAINING 0.8114 ACRES OF LAND MORE OR LESS;
WHEREAS, THE CONSTRUCTION OF WATER LINES, DESIGNATED AS FLOUR
BLUFF AND LAGUNA MADRE WATER LINES, PROJECT NO. 2o2- 68 -29 -3, REQUIRES
THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE AFORESAID PARCEL OR TRACT
OF LAND; .AND
9752
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: LAGUNA ESTATES, INC.;
AND
WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE
AT AN AGREEMENT WITH THE SAID OWNER 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 NECES-
SARY THAT THE SAID LOT OR PARCEL OF LAND DESCRIBED BE ACQUIRED IN FEE TITLE
THROUGH THE EXERCISE OF THE CITYtS 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 FLOUR BLUFF AND LAGUNA MADRE WATER LINES AND FOR OTHER MUNI-
CIPAL 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 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 CONSTRUCTION OF THE
FLOUR BLUFF AND LAGUNA MADRE WATER LINES 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 CONSTRUCTION OF THE FLOUR BLUFF AND
LAGUNA MADRE WATER LINES AND FOR OTHER MUNICIPAL PURPOSES, WITHIN THE CITY
LIMITS AS ABOVE DESCRIBED AND PROVIDED, 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
-2-
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 A�//1��to DAY OF
MAY, 1970.
ATTEST:
CIT SECRE ARY ��--
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
_ DAY OF MAY, 1970:
CITY ATTORN•
TO THE tJENBERS OF TIE CITY COUNCIL
Corpus Christi, Texas
Corpus Christi, Texas
joyL day of , 19 %O
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,
JA OR
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
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the fol owing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr. -�
Eduardo E. de Ases
Ken McDaniel
W. J. ',`Wrangler" Roberts
s
Ronnie Sizemore
i