HomeMy WebLinkAbout10289 ORD - 06/09/1971vMP:6/8/71
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AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL
OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS;
DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE
OWNERS; SAID CONDEMNATION BEING NECESSARY FOR THE
EXPANSION OF CLARKWOOD DITCH AND OTHER MUNICIPAL PUR-
POSES, BEING PROJECT NO. 295 -67 -46 CLARKWOOD DITCH,
HIGHWAY 444 TO OSO CREEK, PARCEL NO. 16 -1 AND 20; DIRECT-
ING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEED-
INGS AGAINST THE OWNERS, H. E. CARBERRY AND WIFE, MARTHA
LOUISE CARBERRY; DIRECTING THE CITY ATTORNEY TO INSTITUTE
THE SAID CONDEMNATION PROCEEDINGS IN ORDER TO CARRY OUT
THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMER-
GENCY. `
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE
CITY OF CORPUS CHRISTI, A CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS
FOLLOWS: PARCEL NO. 16 -1
BEING A 1.413 ACRE TRACT OF LAND OUT OF THAT CERTAIN 132.3969
ACRE TRACT OF LAND CONVEYED TO H. E. CARBERRY AND WIFE, MARTHA
LOUISE CARBERRY AND RECORDED IN VOLUME 1205, PAGE 125, NUECES
COUNTY, TEXAS DEED RECORDS, AND ALSO BEING A PORTION OF
SECTION 402, BEATY, SEAL AND FORWOOD CERTIFICATE No. 11739,
SAID 1.413 ACRE TRACT OF LAND BEING MORE PARTICULARLY DE-
,SCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID 132.3969 CARBERRY
TRACT, AND THE SOUTHEAST CORNER OF THE BOBBY HAZEL MCLEROY
TRACT AS SHOWN BY DEED IN VOLUME 189, PAGE 226, NUECES COUNTY,
TEXAS, DEED RECORDS FOR THE NORTHEAST AND BEGINNING CORNER
OF THE TRACT HEREIN DESCRIBED;
THENCE S. 89' 22' W., WITH THE NORTH BOUNDARY LINE OF SAID
CARBERRY TRACT, A DISTANCE OF 35.0 FEET TO A POINT FOR THE
NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. O' 431 E., WITH A LINE THAT IS 35.0 FEET WEST OF
AND PARALLEL TO THE EAST BOUNDARY LINE OF SAID CARBERRY
TRACT, A DISTANCE OF 1758.79 FEET TO A POINT IN THE NORTH
BOUNDARY LINE OF THE JACK HIGHTOWER 10.998 ACRE TRACT AS
DESCRIBED IN VOLUME 1373, PAGE 178, NUECES COUNTY, TEXAS
DEED RECORDS, FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN
DESCRIBED,
THENCE N. 89' 22' E., WITH THE NORTH BOUNDARY LINE OF SAID
JACK HIGHTOWER TRACT OF LAND, A DISTANCE OF 35.0 FEET TO A
POINT IN THE EAST BOUNDARY LINE OF SAID CARBERRY TRACT FOR
THE SOUTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. O' 43' W., WITH THE EAST BOUNDARY LINE OF SAID
CARBERRY TRACT, A DISTANCE OF 1758.79 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.413 ACRES OF LAND MORE OR LESS.
PARCEL NO. 20
BEING A 2.783 ACRE TRACT OF LAND OUT OF THAT CERTAIN 132.3969
ACRE TRACT OF LAND CONVEYED TO H. E. CARBERRY AND RECORDED
IN VOLUME 1031, PAGE 988, NUECES COUNTY, TEXAS, DEED RECORDS,
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AND ALSO BEING A PORTION OF SECTION 402, BEATY, SEAL
AND FARWOOD CERTIFICATE No. 1739, SAID 2.783 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH BOUNDARY LINE OF SAID
132.3969 ACRE TRACT, SAID POINT BEING S. 89° 22' W., 35.0
FEET FROM THE NORTHEAST CORNER OF SAID 132.3969 ACRE
TRACT FOR THE NORTHEAST AND BEGINNING CORNER OF THE TRACT
HEREIN DESCRIBED;
THENCE S. 89` 221 W., WITH THE NORTH BOUNDARY LINE OF SAID
132.3969 ACRE TRACT, A DISTANCE OF 1212.23 FEET TO A
POINT IN THE EAST RIGHT -OF -WAY LINE OF 100 FOOT WIDE F.M.
ROAD 2292 FOR THE NORTHWEST CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE S. 0° 281 E., WITH THE EAST RIGHT -OF -WAY LINE OF
SAID F.M. ROAD 2292, A DISTANCE OF 100.0 FEET TO A POINT
FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 890 221 E., WITH A LINE THAT IS 100.0 FEET
SOUTH OF AND PARALLEL TO THE NORTH BOUNDARY LINE OF SAID
132.3969 ACRE TRACT, A DISTANCE OF 1212.67 FEET TO A
POINT THAT IS S. 890 221 W., 35.0 FEET FROM THE EAST
BOUNDARY LINE OF SAID 132.3969 ACRE TRACT FOR THE SOUTH-
EAST CORNER O1F1 THE TRACT HEREIN DESCRIBED;
THENCE N. O° 431 W., WITH A LINE THAT IS 35.0 FEET WEST
OF AND PARALLEL TO THE EAST BOUNDARY LINE OF SAID
132.3969 ACRE TRACT, A DISTANCE OF 100.0 FEET TO THE
POINT OF BEGINNING.
CONTAINING 2.783 ACRES OF LAND MORE OR LESS;
AND
WHEREAS, THE NECESSITY FOR THE EXPANSION OF CLARKWOOD DITCH, AND
OTHER MUNICIPAL PURPOSES, REQUIRES THE ACQUISITION OF THE AFORESAID PARCELS
OF LAND; AND
WHEREAS, RECORD TITLE TO THE AFORESAID PARCELS APPEARS TO BE IN
THE FOLLOWING: H. E. CARBERRY AND WIFE, MARTHA LOUISE CARBERRY; 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 PARCELS, AND DAMAGES FOR THE TAKING THEREOF BY THE CITY; IT IS,
THEREFORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT SAID LOTS
OR PARCELS OF LAND DESCRIBED BE ACQUIRED 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
1�
HEREBY ORDER, DIRECT AND AUTHORIZE THAT EMINENT DOMAIN PROCEEDINGS BE
INSTITUTED FOR THE PURPOSE OF ACQUIRING THE AFORESAID PARCELS OF LAND AND
PREMISES, EXCLUDING MINERAL INTERESTS, FOR USE BY THE CITY FOR THE EXPAN-
SION OF CLARKWOOD DITCH AND FOR OTHER MUNICIPAL PURPOSES, AND TO CONDEMN
THE FEE SIMPLE TITLE TO THE AFORESAID PARCELS OR TRACTS OF LAND, EXCLUDING
MINERAL INTERESTS.
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 AS A PART OF THE
CLARKWOOD DITCH EXPANSION AND FOR OTHER MUNICIPAL PURPOSES.
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE OF THE AFORESAID PARCELS OR TRACTS OF
LAND HEREINABOVE DESCRIBED FOR THE EXPANSION OF CLARKWOOD DITCH AND FOR
OTHER MUNICIPAL PURPOSES, AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A
PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPEN-
SION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED
FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH RESOLUTION AND ORDI-
NANCE SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE
MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECESSITY EXIST, AND
HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED 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 %7VE/ DAY OF JUNE, 1971.
ATTEST:
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CI Y SECRE A l MAYOR
THE CITY OF COO CHRISTI, TEXAS
APPROVED:
& DAY OF NE, 1971:
7. CI ATTORNEY
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CORPUS CHRISTI, TEXAS
CYvCI DAY OF / 191,71
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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; 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,
0 ,
s MAYOR
THE CITY OF CO HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE G /CJyC ,Le/
CHARLES A. SONNIWELL
ROBERTO BOSQUEZ LL•C �C%
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR. Lj/ //C J
J. HOWARD STARK C�
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE'
CHARLES A. BONNIWELL wLLfu`
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES !(/
GABE LOZANO, SR. L.GLLC/
J. HOWARD STARK