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HomeMy WebLinkAbout09954 ORD - 10/14/1970• B.IW :10/7/70 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS PARCEL NO. 108, MORE PARTICULARLY DESCRIBED HEREINAFTER, SAID PARCEL BEING NECESSARY FOR THE GREENWAY WATER LINE CONSTRUCTION, AND FOR OTHER MUNICIPAL PURPOSES; AUTHORIZING AND DIRECT- ING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, ROGER D. BICKHAM AND WIFE, ANN C. BICKHAM; 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: PARCEL NO. 1013 BEING AN IRREGULARLY SHAPED TRACT OF LAND OUT OF THE GREGORIO FARIAS GRANT ABSTRACT NO. 592, AND BEING A PART OF THAT CERTAIN 30 ACRE TRACT OF LAND DESCRIBED IN DEED RECORDED IN VOLUME 270, PAGE 558, NUECES COUNTY, TEXAS DEED RECORDS, AND FURTHER, OUT OF A TRACT OF LAND CONVEYED TO ROGER D. BICKHAM BY DEED RECORDED IN VOLUME 877, PAGE 614, NUECES COUNTY, TEXAS, DEED RECORDS, SAID IRREGULARLY SHAPED TRACT OF LAND BEING PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID ROGER D. BICKHAM TRACT OF LAND, SAID POINT BEING IN THE NORTHEAST RIGHT -OF -WAY LINE OF 50 FOOT WIDE HEARN ROAD, THENCE N. 54' 351 27, W., WITH THE NORTHEAST ARIGHT -OF -WAY LINE OF SAID HEARN ROAD A DISTANCE OF 187.08 FEET TO THE P. C. OF A CURVE TO THE LEFT FOR THE MOST EASTERLY AND BEGIN- NING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE IN A WESTERLY DIRECTION WITH THE NORTH OR NORTH- EAST RIGHT -OF -WAY LINE OF SAID HEARN ROAD AND WITH THE ARC OF SAID CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 36' 391 �9" AND WHOSE RADIUS IS 2o4.O6 FEET, A DISTANCE OF 130.56 FEET TO A POINT, THE MOST WESTERLY CORNER OF SAID ROGER D. BICKHAM TRACT FOR THE MOST WESTERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 37' 221 33" E., WITH THE NORTHWEST BOUNDARY LINE OF SAID ROGER D. BICKHAM TRACT, A DISTANCE OF 86.68 FEET TO A POINT FOR THE MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 18' 361 37" E., A DISTANCE OF 78.76 FEET TO A POINT FOR AN INTERIOR CORNER OF THE TRACT HEREIN DESCRIBED; THENCE S. 54' 351 27" E., A DISTANCE OF 65.32 FEET TO THE POINT OF BEGINNING; CONTAINING 3051.2 SQUARE FEET OF LAND MORE OR LESS. 9954 C� • • WHEREAS, THE SAID GREENWAY WATER LINE CONSTRUCTION, PROJECT NO. 202 -678 -29.1, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE AFORESAID PARCEL OR TRACT OF LAND; AND WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN THE FOLLOWING: ROGER D. BICKHAM AND WIFE, ANN C. BICKHAM; 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 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 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 GREENWAY WATER LINE CONSTRUCTION, MAINTENANCE AND OPERATION, 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 GREENWAY WATER LINE CONSTRUCTION, MAINTENANCE AND OPERATION, 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 -2- 0 0 LAND HEREINABOVE DESCRIBED FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF THE AFORESAID WATER LINE, 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 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 THE SUSPENSION 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 THET'�J DAY OF OCTOBER, 1970. ATTEST: /' CITY SECRET RY Y THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF OCTOB R, 1970: 7Y ATTORNEY -0 0 Corpus Christi, T�eexass p day of Cyr` 19 �d 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, YOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: ll/ Jack R. Blackmon u-G Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases �LJ 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 i Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore