HomeMy WebLinkAbout09957 ORD - 10/14/1970v MP: 10/7/70
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN
FEE TITLE TO CERTAIN PARCELS OR TRACTS OF LAND,
PARCELS 15 -1 AND 15 -2, DESCRIBED MORE PARTICULARLY
HEREINAFTER, SAID PARCELS BEING NECESSARY FOR CON-
STRUCTION OF GREENWAY WATER LINE, PROJECT NO.
202 -68 -29.1, AND FOR OTHER MUNICIPAL PURPOSES;
AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE
OWNERS, HAROLD GLEN DAVIS AND WIFE, MAY JO BICKHAM
DAVIS; 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
BEGINNING AT THE EAST CORNER OF SAID 301 -ACRE TRACT
CONVEYED TO TOM C. BICKHAM, THENCE S. 34" 281 W., WITH
THE SOUTHEAST BOUNDARY LINE OF SAID 30 -ACRE TRACT, A
DISTANCE OF 150.0 FEET TO A POINT FOR THE EAST AND
BEGINNING CORNER OF THE
� TRACT HEREIN DESCRIBED,
THENCE CONTINUING S. 3Y* 281 W., WITH THE SOUTHEAST
BOUNDARY LINE OF SAID 30-ACRE TRACT, A DISTANCE OF
50.0 FEET TO A POINT FOR THE SOUTH CORNER OF THE TRACT
HEREIN DESCRIBED,
THENCE N. 57° 35' W., A DISTANCE OF 65.6 FEET TO A POINT
IN THE SOUTHEAST RIGHT -OF -WAY LINE OF 50 FOOT WIDE MAGEE
LANE FOR THE WEST CORNER OF THIS TRACT,
THENCE N. 34' 28' E., WITH THE SOUTHEAST RIGHT -OF -WAY
LINE OF SAID MAGEE LANE, A DISTANCE OF 50.0 FEET TO A
POINT FOR THE NORTH CORNER OF THIS TRACT,
THENCE S. 57° 35' E., A DISTANCE OF 65.6 FEET TO THE
POINT OF BEGINNING.
CONTAINING 3280.0 SQUARE FEET OF LAND MORE OR LESS.
PARCEL 15 -2
BEGINNING AT EAST CORNER OF SAID 30 -ACRE TRACT, THENCE
S. 34' 28' W., WITH THE SOUTHEAST BOUNDARY LINE OF SAID
30 -ACRE TRACT, A DISTANCE OF 150.0 FEET TO A POINT,
THENCE N. 57° 35' W., AT 65.6 FEET PASS THE SOUTHEAST
RIGHT -OF -WAY LINE OF 50 FOOT WIDE MAGEE LANE, IN ALL A
DISTANCE OF 115.6 FEET TO A POINT IN THE NORTHWEST RIGHT -
OF -WAY LINE OF SAID MAGEE LANE FOR THE MOST EASTERLY AND
BEGINNING C'O'RNER OF THE TRACT HEREIN DESCRIBED,
THENCE S. 34' 28' W., WITH THE NORTHWEST RIGHT -OF -WAY LINE
OF SAID MAGEE LANE, A DISTANCE OF 50.0 FEET TO A POINT
FOR THE MOST SOUTHERLY CORNER OF THIS TRACT,
THENCE N. 570 35' W., A DISTANCE OF 174-77 FEET TO A POINT
FOR THE MOST WESTERLY CORNER OF THIS TRACT,
THENCE N. 34' 28' E., A DISTANCE OF 50.0 FEET TO A POINT
FOR THE MOST NORTHERLY CORNER OF THIS TRACT,
THENCE S. 570 351 E., A DISTANCE OF 17`1-77 FEET TO THE
POINT OF BEGINNING.
CONTAINING 8738.5 SQUARE FEET OF LAND MORE OR LESS.
990
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WHEREAS, THE SAID GREENWAY WATER LINE CONSTRUCTION, PROJECT
ND. 202 -68 -29.1, REQUIRES THE ACQUISITION OF FEE SIMPLE TITLE IN AND TO THE
AFORESAID PARCELS OR TRACTS OF LAND; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: HAROLD GLEN DAVIS AND WIFE, MARY JO BICKHAM DAVIS; 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 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:
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 CONSTRUCTION,
MAINTENANCE, AND OPERATION OF THE GREENWAY WATER LINE, 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 TRACTS OR PARCELS 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
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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 INTRODUC-
TION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF OCTOBER,
1970.
ATTEST:
CITY SECREtARy ` // ® M%1YOR
V// `LV� THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF OCTOB , 1970:
r
CI ATTORNEY /�
r
TO THE, j- IEi•1BERS OF THE CITY COUNCIL
Corpus Christi, Texas
•
Corpus Christi, Texas
day of t9 19
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; 1, 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,
i YOR
THE CITY Or , CORPUS CHRISTI, TEV.S
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
11. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr. e�
V. A. "Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. 'Wrangler" Roberts
Ronnie Sizemore
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