HomeMy WebLinkAbout09953 ORD - 10/14/1970/ 3/7
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN
FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND
DESCRIBED AS PARCEL 8, BEING A PORTION OF LOT 2,
BLOCK 8, PORT ARANSAS CLIFFS ADDITION TO THE CITY
OF CORPUS CHRISTI) NUECES COUNTY, TEXAS, MORE PAR-
TICULARLY DESCRIBED HEREINAFTER, SAID PARCEL BEING
NECESSARY FOR THE BAYFRONT OPEN SPACE PARK SITE
NO. 2, PROJECT NO. 291 -70 -8, AND FOR OTHER MUNICIPAL.
PURPOSES; AUTHORIZING AND DIRECTING THE CITY ATTORNEY
TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE
OWNER, JOHN H. YOCHEM; AND DECLARING AN EMERGENCY.
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, CERTAIN PARCELS OR TRACTS OF LAND DESCRIBED AS
FOLLOWS:
ALL OF THAT TRACT OF LAND 102.79 FEET WIDE LYING
IMMEDIATELY IN FRONT OF THE HEREINAFTER DESCRIBED
LAND AND BEING BETWEEN OCEAN DRIVE AND CORPUS
CHRISTI BAY, THE NORTH AND SOUTH BOUNDARIES OF SUCH
TRACT TO BE DETERMINED JUST AS THOUGH THE MOST
NORTHERLY BOUNDARY LINE OF THE HEREINAFTER DESCRIBED
TRACT OF LAND AND THE MOST SOUTHERLY BOUNDARY LINE
OF THE HEREINAFTER DESCRIBED TRACT OF LAND HAD BEEN
EXTENDED FROM THE EAST BOUNDARY LINE OF OCEAN DRIVE
TO CORPUS CHRISTI BAY, AND BEING THE SAME LAND CON-
VEYED TO A. C. BROWN, JR., BY EARL C. DUNN ET AL BY
DEED DATED DECEMBER 21, 1955, RECORDED IN VOLUME 718,
PAGE 1, DEED RECORDS OF NUECES COUNTY, TEXAS; AND
BEING THE SAME PROPERTY CONVEYED BY BROWN MOTOR AND
FINANCE COMPANY, INC., TO A. C. GILMORE, A SINGLE MAN,
BY WARRANTY DEED DATED MAY 27, 1959, AND FILED FOR
RECORD UNDER CLERKS FILE N0. 531402, IN THE OFFICE
OF THE COUNTY CLERK OF NUECES COUNTY, 'TEXAS, ON THE.
2ND DAY OF JUNE, A.D. 1959, AT 11:12 O'CLOCK A.M.;
BEING THE SAME PROPERTY CONVEYED BY A. C. GILMORE AND
WIFE, CLYDELL GILMORE t TO W. L. BATES BY WARRANTY DEED
DATED OCTOBER 20, 1961, FILED FOR RECORD IN THE OFFICE
OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, ON THE
LOTH DAY OF NOVEMBER, A.D. 1964, AT 1 :g6 O'CLOCK P.M.,
UNDER CLERKS FILE NUMBERS 664g19 AND 64920, RESPEC-
TIVELY.
THE TRACT OF LAND REFERRED TO IN THE ABOVE DESCRIPTION BEING DESCRIBED
AS FOLLOWS:
A PORTION OF LOT 2 IN BLOCFC 8 OF PORT ARANSAS CLIFFS
ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS, AND
BEING THE EASTERN PORTION OF A TRACT OF LAND CONTAIN-
ING ' ,223 SQUARE FEET OF LAND OUT OF A TRACT CONTAIN-
ING 6 ,446 SQUARE FEET OF LAND CONVEYED TO G. W. LITTLE
BY T. T. ELLIOTT AND WIFE, BY DEED DATED AUGUST 17, 1908,
RECORDED IN VOL. 38, PAGE 543, DEED RECORDS OF NUECES
COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
9953
AND
BEGINNING AT A POINT A 3/4 INCH IRON PIPE SET FLUSH
WITH THE GROUND IN THE SOUTHWESTERN BOUNDARY LINE OF
BLOCK 8, PORT ARANSAS CLIFFS, AND NE LINE OF DENVER
AVENUE, THE WEST CORNER OF LOT 37 AND THE SOUTH COR-
NER OF LOT 36 IN BLOCK 8, PORT ARANSAS CLIFFS, FOR
THE POINT OF BEGINNING;
THENCE N. 58° 54' E. WITH THE NW BOUNDARY LINE OF LOTS
37 AND 28 AND THE SE BOUNDARY LINE OF LOTS NOS. 36 AND
29 OF SAID BLOCK 8 A DISTANCE OF 169.60 FEET TO A PAINT
ON THE NW BOUNDARY LINE OF LOT 28 AND SE BOUNDARY LINE
OF LOT 29, SAID POINT BEING THE NE CORNER OF A TRACT OF
LAND SOLD BY WHITFIELD ROGERS AND WIFE, JOSEPHINE ROGERS,
TO HENRY SCHAFFER AND WIFE, GLADYS SCHAFFER, DATED
AUGUST 1, 1949, OF RECORD IN VOL. 437, PAGE 380, DEED
RECORDS OF NUECES COUNTY, TEXAS;
THENCE S. 31° O6' E. ALONG THE EASTERLY LINE OF THE
SCHAFFER TRACT A DISTANCE OF 100.0 FEET TO A POINT FOR
THE SOUTHEASTERLY CORNER OF THE SCHAFFER TRACT AND THE
SOUTHWESTERLY CORNER OF THIS TRACT;
THENCE N. 58° 541 E. A DISTANCE OF 186.44 FEET TO A
POINT ON THE WEST BOUNDARY LINE OF OCEAN DRIVE, FOR
THE SE CORNER OF THIS TRACT;
THENCE ALONG THE WEST BOUNDARY LINE OF OCEAN'DRIVE N.
44° �9' 4u, W. A DISTANCE OF 102.80 FEET TO IRON PIPE
SET FLUSH WITH THE GROUND FOR THE NE CORNER OF THIS
TRACT;
THENCE S. 58° 541 W. 162.63 FEET TO THE PLACE OF BEGIN-
NING BEING A PORTION OF THE TRACT OF LAND CONVEYED BY
G. W. LITTLE TO J. L. LITTLE BY DEED BEARING DATE
AUGUST 28, 1908 OF RECORD IN VOL. 38, PAGE 545, DEED
RECORDS OF NUECES COUNTY, TEXAS, BY CORRECTION DEED
DATED JUNE 7, 1909.
WHEREAS, THE SAID BAYFRONT OPEN SPACE PARK SITE NO. 2 BEING PROJECT
N0. 291 -70 -8, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE
AFORESAID PARCELS OR TRACTS OF LAND; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCELS APPEAR TO BE IN
THE FOLLOWING: JOHN H. YOCHEM; 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 LOTS OR PARCELS 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 LOTS OR PARCELS OF LAND DESCRIBED BE ACQUIRED IN
FEE TITLE THROUGH THE EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN FOR
SAID PUBLIC PURPOSE:
-2-
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 BAYFRONT OPEN SPACE PARK SITE NO. 2 AND FOR OTHER MUNICIPAL PUR-
POSES, WITHIN THE CITY LIMITS, AND TO CONDEMN THE FEE TITLE TO THE AFORE-
SAID PARCELS OR TRACTS 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 BAYFRONT OPEN
SPACE PARK SITE NO. 2 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.PARCELS OF
LAND HEREINABOVE DESCRIBED FOR THE BAYFRONT OPEN SPACE PARK SITE N0. 2 AND FOR
OTHER MUNICIPAL PURPOSES, WITHIN THE CITY LIMITS AS ABOVE 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.MEET.INGS OF THE CITY COUNCIL,
AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST,
HAVING REQUESTED THE SUSPENSION OF SUCH CHARTER RULE, AND THAT THIS ORDI-
NANCE BE PASSED FINALLY ON THE DATE 6F ITS INTRODUCTION AND TAKE EFFECT
AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORD-
INGLY SO ORDAINED, THIS THE DAY OF OCTOBER, 1970.
ATTEST:
CITY SECRET RY MA
APPROVED; THE -CITY OF CORPUS CHRISTI, TEXAS
114,14 Y OF 7,';416o9v—' , 1970:
s
Cl T ATTORNEY '
Corpus Christi, Texas
/Vi6b day of 4� , 19 00
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,
<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. 1
Eduardo E. de Ases
Ken McDaniel /pJ
W. J. "Wrangler" Roberts 44_1t
Ronnie Sizemore
The above ordinance was passed by the Ulowing vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel =�
W. J. "Wrangler" Roberts
Ronnie Sizemore