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Home My WebLink About09765 ORD - 05/20/1970T THE STATE OF TEXAS COUNTY OF NUECES Q e- -r b " JUN 1Si� ' • 1 C� '0 PECEIVCf3 ,_ED RECORDS CITY N O T I C •, SECRETARY D J PAGE442 814 ®62 � ��' ROIA40 MACE 718 KNOW ALL MEN BY THESE PRESENTS: THAT THE CITY OF CORPUS CHRISTI, TEXAS, ACTING BY AND THROUGH ITS DULY ELECTED AND CONSTITUTED CITY COUNCIL, ON THE 27TH DAY OF MAY, 1970, BY ORDINANCE NO. -.LZ.i , DETERMINED THE NECESSITY FOR AND ORDERED THE IMPROVEMENT OF A PORTION OF THE FOLLOWING STREETS: 1. SOUTH ALAMEDA STREET, FROM THE NORTHEAST RIGHT -OF -WAY LINE OF MONTCLAIR DRIVE TO THE WEST RIGHT -OF -WAY LINE OF EDGEWATER DRIVE; 2. CARSON DRIVE, FROM THE NORTH RIGHT -OF -WAY LINE OF ENNIS JOSLIN ROAD TO THE SOUTH RIGHT -OF -WAY LINE OF SOUTH ALAMEDA STREET, 3. ENNIS JOSLIN ROAD, FROM THE SOUTH RIGHT -OF -WAY LINE OF CARSON DRIVE TO THE INTERSECTION OF THE SOUTH RIGHT-OF- WAY LINE OF SOUTH ALAMEDA STREET; AND 4. THE INTERSECTION OF SOUTH ALAMEDA STREET WITH THE FOLLOWING STREETS: (A) TROY DRIVE (JC� B) HAROLDSON STREET PALMETTO DRIVE D COUNTRY CLUB DRIVE E) EBONWOOD DRIVE WITHIN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID STREETS WITHIN THE LIMITS ABOVE DESCRIBED, TO BE IMPROVED BY RAISING, GRADING, FILLING, WIDENING, PAVING, REPAVING OR REPAIRING SAME AND BY THE CONSTRUC- TION, RECONSTRUCTION, REPAIRING OR REALIGNING OF CONCRETE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS WHERE THE DIRECTOR OF PUBLIC WORKS DETERMINES ADE- QUATE SIDEWALKS, CURBS, GUTTERS AND DRIVEWAYS ARE NOT NOW INSTALLED ON PROPER GRADE AND LINE, AND BY CONSTRUCTING SUCH STORM SEWERS AND DRAINS, IF ANY, TOGETHER WITH ALL OTHER NECESSARY INCIDENTALS AND APPURTENANCES, ALL AS DEEMED ADEQUATE BY THE DIRECTOR OF PUBLIC WORKS AND AS PROVIDED FOR IN THE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS THEREOF AS PREPARED BY SAID DIRECTOR OF PUBLIC WORKS. THAT ORDINANCE N0. / / G /, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 27TH DAY OF MAY, 1970, PROVIDED THAT THE AMOUNTS PAYABLE BY THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY SHALL BE PAID AND BECOME PAYABLE IN ONE OF THE FOLLOWING METHODS AT THE OPTION OF THE PROPERTY OWNER: (1) ALL IN CASH WITHIN TWENTY (20) DAYS AFTER COMPLETION OF ACCEPTANCE BY THE CITY; OR i 1 P 44 ROLA40 [MACE 719 (2) TWENTY PERCENT (20 %) CASH WITHIN TWENTY DAYS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, AND 20% RESPECTIVELY ON OR BEFORE ONE YEAR, TWO YEARS, THREE YEARS AND FOUR YEARS AFTER THE COMPLETION OF SAID WORK AND ITS ACCEPTANCE BY THE CITY, WITH INTEREST FROM DAY OF SUCH COMPLETION AND ACCEPTANCE BY -THE CITY UNTIL PAID AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2 %) PER ANNUM; OR (3) PAYMENTS TO BE MADE IN MAXIMUM OF SIXTY (60) EQUAL INSTALL- MENTS, THE FIRST OF WHICH SHALL BE PAID WITHIN TWENTY (20) DAYS AFTER THE COMPLETION OF SAID IMPROVEMENT, AND THE ACCEPTANCE THEREOF BY THE CITY) AND THE BALANCE TO BE PAID IN FIFTY -NINE (59) EQUAL CONSECUTIVE MONTHLY INSTALLMENTS COMMENCING ON THE 1ST DAY OF THE NEXT SUCCEEDING MONTH AND CONTINUING THEREAFTER ON THE 1ST DAY OF EACH SUCCEEDING MONTH UNTIL THE ENTIRE SUM IS PAID IN FULLS TOGETHER WITH INTEREST FROM THE DATE OF SAID t COMPLETION AND ACCEPTANCE BY THE CITY, UNTIL PAID, AT THE RATE OF SIX AND ONE -HALF PERCENT (6 -1/2%) PER ANNUM; PROVIDED, HOWEVER, THAT THE OWNERS OF SAID PROPERTY AVAILING THEMSELVES OF OPTION „2„ OR "3" ABOVE SHALL HAVE THE PRIVILEGE OF PAYING ONE) OR ALL, OF SUCH INSTALLMENTS AT ANY TIME BEFORE MATURITY THEREOF BY PAYING THE TOTAL AMOUNT OF PRINCIPAL DUE, TOGETHER WITH INTEREST ACCRUED TO THE DATE OF PAYMENT. AND SAID ORDINANCE FURTHER PROVIDED THAT THE AMOUNTS PAYABLE BY THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, TO BE ASSESSED AGAINST SAID PROPERTY AND SAID TRUE OWNERS THEREOF SHALL CONSTITUTE A FIRST AND PRIOR LIEN ON SUCH ABUTTING PROPERTY AND A PERSONAL LIABILITY OF THE REAL AND TRUE OWNERS THEREOF. THEREFORE, THE CITY OF CORPUS CHRISTI, TEXAS HAS CAUSED THIS NOTICE TO BE FILED BY T. RAY KRING, CITY SECRETARY, AND THE OFFICIAL SEAL OF THE CITY TO BE HERETO AFFIXED THIS THE 27TH DIY OF MAY, 1970. CITY OF CORPUS CHRISTI BY T. RAY KR I1 G CITY SECRETA DEED RELORDS VOL1369 FAGE443 — AIkZ DELI) RECURL)s VOL1369 MAU THE STATE OF TEXAS @ HIM 19ACE 720 COUNTY OF NUECES BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED T. RAY KRING, CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AS CITY SECRETARY OF THE CITY OF CORPUS CHRISTI, AND ACKNOWL- EDGED TO ME THAT HE SIGNED THE SAME IN HIS CAPACITY AS SUCH CITY SECRETARY FOR THE PURPOSES AND CONDIDERATION THEREIN EXPRESSED, AND AS THE ACT AND DEED OF SAID CITY OF CORPUS CHRISTI, TEXAS. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 27TH DAY OF MAY, 1970. NOTA PUB IC IN AND FOR NUECES COUNTY, alAlE Uh ItAlu ( TEXAS COUNTY OF NUECES y JC`,'�— hereby certify that this Instrummd wall fWED on tlla Notary PwAc, m ono iu. _1n _ C; ;FV.f data and at the time stamped hereon by me: and was duly RECORDED. In the Volume and Page of the named RECORDS ��1. S 3 of Nueces County, Texas. as stamped hereon by me. on 1-1 281970 y: , qj �eaaa+° IR1Dt14Y p.ETdl NUWM CDUNff. TEM r pd r 9,a GV CD LLJ V O- S �� d�° UA JKH :5 -2U-7U AN ORDINANCE r AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY AS BEING A PORTION OF LOT 4, BLOCK 15, EDGEWATER TERRACE, IN THE CITY OF CORPUS CHRISTI, TEXAS, SAID CONDEMNATION BEING NECESSARY FOR THE IMPROVEMENT OF ALAMEDA STREET AND CARSON DRIVE, PROJECT NO. 22o- 67 -87; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS FOLLOWS: Being a tract of land out of Lot 4, Block 15, Edgewater Terrace, as shown by map of record in Volume 7, Page 39, Map Records, Nueces County, Texas, said tract of land being more particularly described by metes and bounds as follows: Beginning at the northeast corner of said Lot 4, Thence in a westerly direction Vrith the are of a curve to the right whose central angle is 30 06' 44 ", and whose radius is 7196.28 feet, a distance of 64.98 feet to a point the P.C.C. of two curves for the most northerly and beginning corner of the tract herein described, Thence in a southwesterly and southerly direction with the arc of a curve to the left whose central angle is 1090 37' 00 ", and whose radius is 9.83 feet, a distance of 18.81 feet to a point for a corner of this tract, Thence S. 27 0 531 16" E., a distance of 91.06 feet to a point for a corner of this tract, Thence in a southerly direction with the are of a curve to the left, whose central angle is 100 13' 54 ", and whose radius is 240.0 feet, a distance of 42.86 feet to a point in the east right of way line of 50 foot wide Carson Drive, for the most southerly corner of this tract, Thence N. 380 07' 10" W., with the existing east right -of -way line of said Carson Drive, a distance of 159.80 feet to a point in the south right -of -way *line of 100 foot oxide Alameda Street for the Northwest corner of this tract, Thence in an easterly direction with the south right -of -Dray line of said Alameda Street and with the arc of a curve to the left whose central angle is 1 55' 45 ", and whose radius is•1196.28 feet, a distance of 40.28 feet to the point of beginning. Containing 1615.4 square feet of land more or less. AND WHEREAS, THE IMPROVEMENT OF ALAMEDA, OCEAN DRIVE TO MONTCLAIR, AND CARSON DRIVE, BEING PROJECT N0. 220-67 -87, REQUIRES THE ACQUISITON OF FEE SIMPLE TITLE IN AND TO THE AFORESAID PARCEL OR TRACT OF LAND; AND 9765 WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE ZEB CARSON CONSTRUCTION COMPANY; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNER AND CLAIMANT 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 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 STREET IMPROVEMENTS HEREINABOVE DESCRIBED AND FOR 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 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 IMPROVEMENT OF ALAMEDA STREET AND CARSON DRIVE, AS ABOVE DESCRIBED, AND FOR OTHER MUNICI- PAL 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 IMPROVEMENT OF ALAMEDA STREET AND CARSON DRIVE, AND FOR OTHER MUNICIPAL PURPOSES, WITHIN THE CITY LIMITS AS ABOVE 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 INTRO- DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE -2- SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THE SUSPETISION OF SUCH 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 �G ' YdC�DAY OF MAY, 1970. ATTEST: ITY SEC ET Y / R (� / /V // THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF MAY, 1970: CITY ATTO EY hO Corpus Christi, Texas slay of 19Z TO THE tJEMBERS 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, c�� ' ✓�� -fit � . t OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon �6Z_Ie� Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts C Ronnie Sizemore The above ordinance was passed by the foll ing vote: Jack R. Blackmon Gabe Lozano, Sr. ._2_ V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. ',Wrangler" Roberts _. f Ronnie Sizemore ••i y: