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HomeMy WebLinkAbout09955 ORD - 10/14/19700 VMP:10/7/70 6 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS PARCEL 12, MORE FULLY DESCRIBED HERE- INAFTER, SAID PARCEL BEING NECESSARY FOR GREENWAY WATER LINE CONSTRUCTION, PROJECT NO. 202 -68 -29.1, AND FOR OTHER MUNICIPAL PURPOSES; AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM- NATION PROCEEDINGS AGAINST THE OWNER, ILA MAGEE NOAKES; 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. 12 BEING A 0.719 ACRE TRACT OF LAND OUT OF THAT CERTAIN 5.625 ACRE TRACT CONVEYED TO ILA MAGEE NOAKES BY ALICE LEAH MAGEE BAXTER, ET AL IN 7-25 -1951 AND RECORDED IN VOLUME 523, PAGE 248, DEED RECORDS, NUECES COUNTY, TEXAS; SAID 0.719 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID 5.625 ACRE TRACT, THE SAME BEING THE SOUTHEAST CORNER OF THE I. W. SHAFFER 5.568 ACRE TRACT FOR THE SOUTHWEST AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED; THENCE N. 18° 39' 30" E., WITH THE WEST BOUNDARY LINE OF SAID NOAKES TRACT AND WITH THE EAST BOUNDARY LINE OF SAID SHAFFER TRACT, A DISTANCE OF 1038.65 FEET TO A POINT IN THE SOUTH RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 9 FOR THE NORTHWEST CORNER OF THE TRACT, HEREIN DESCRIBED, THENCE S. 750 31' 10° E., WITH THE SOUTH RIGHT -OF -WAY LINE OF SAID HIGHWAY, A DISTANCE OF 30.08 FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT, THENCE S. 18` 39' 30" W., A DISTANCE OF 1O49.48 FEET TO A POINT IN THE SOUTH BOUNDARY LINE OF SAID NOAKES TRACT FOR THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED, THENCE N. 55° 17' W., WITH THE SOUTH BOUNDARY LINE OF SAID NOAKES TRACT, A DISTANCE OF 31.22 FEET TO THE POINT OF BEGINNING. CONTAINING 0.719 ACRE OF LAND MORE OR LESS. WHEREAS, THE SAID GREENWAY WATER LINE CONSTRUCTION, PROJECT NO. 202 -68 -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: ILA MAGEE NOAKES; 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 9955 0 6 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 GREENWAY WATER LINE CONSTRUCTION, MAINTENANCE AND OPERA- TION, 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 Z. 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 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 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 -2- 0 INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE.zy-Vk.,' DAY OF OCTOBER, 1970. ATTEST: /A P U4v444XS4j;4f CClrr eCR TA THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: IX OF OC OBER, 970: CIT ATTORNEY TO THE Z-IL IIMF.RS OF THE CITY COUNCIL Corpus Christi, Texas Corpus Christi, Texas :& day of , 19 fig 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, T OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon Cabe 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 fo1 wing vote: Jack R. Blackmon Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. , Eduardo E. de Ases Ken McDaniel W. J. 'Wrangler" Roberts Ronnie Sizemore Y: