HomeMy WebLinkAbout10362 ORD - 07/21/1971i • Bjw:7/19/71
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 AND CITING LIENHOLDERS OF RECORD;
SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION
OF PARCEL NO. 5, BEING A PORTION OF LOT.2, BLOCK 1,
ARCADIA SUBDIVISION, FOR STREET RIGHT OF WAY, UTILITY
AND OTHER PUNICIPAL PURPOSES, PROJECT NO. 220- 67 -94,
STAPLES - BALDWIN INTERSECTION IhPROVEMENT; DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEED-
INGS AGAINST THE OWNERS, WALTER E. NOBLES AND WIFE,
W. VERNE NOBLES, TO CARRY OUT THE INTENTIONS OF THIS
ORDINANCE; AND DECLARING AN EVZ RGENCY.
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. 5
BEING A RECTANGULAR TRACT OF LAND OUT OF LOT 21 BLOCK 1,
ARCADIA SUBDIVISION AS SHOWN BY MAP OF RECORD IN VOLUME
7, PAGE 10, MAP RECORDS, NUECES COUNTY, TEXAS, SAID TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2, SAID
POINT BEING ON THE PRESENT WEST" RIGHT -OF -WAY LINE OF
SOUTH STAPLES STREET FOR THE SOUTHEAST AND BEGINNING
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 71° 071 35" W., WITH THE SOUTH BOUNDARY LINE
OF SAID LOT 2, A DISTANCE OF 12.22 FEET TO A POINT FOR
THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A NORTHERLY DIRECTION WITH THE � ARC OF A CURVE
TO THE RIGHT WHOSE CENTRAL ANGLE IS 2° 491 45° (PARALLEL
TO AND 121 FROM THE PRESENT WEST RIGHT-OF-WAY LINE OF
SOUTH STAPLES STREET) A DISTANCE OF 64.96 FEET TO A POINT
IN THE NORTH BOUNDARY LINE OF SAID LOT 2, FOR THE NORTH-
WEST CORNER OF THIS TRACT;
THENCE S. 71° 131 23° E., WITH THE NORTH BOUNDARY LINE
OF SAID LOT 2, A DISTANCE OF 12.10 FEET TO A POINT IN THE
WEST RIGHT OF WAY LINE OF SAID S. STAPLES STREET FOR THE
NORTHEAST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A SOUTHERLY DIRECTION WITH THE ARC OF A CURVE
TO THE LEFT WHOSE CENTRAL ANGLE IS 2° 511 2511 AND WHOSE
RADIUS IS 1303.57 FEET, A DISTANCE OF 65.0 FEET TO THE
POINT OF BEGINNING.
CONTAINING 779.8 SQUARE FEET OF LAND MORE OR LESS;
FOR THE RIGHT OF WAY AND OTHER MUNICIPAL PURPOSES; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
WALTER E. NOBLES AND WIFE, W. VERNE NOBLES; AND
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WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN
AGREEMENT WITH THE SAID OWNER AND CLAIMANT 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 NECESSARY THAT THE
SAID LOT OR PARCEL OF LAND DESCRIBED BE ACQUIRED BY THE CITY OF CORPUS CHRISTI,
AND THAT SAID TITLE 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 INSTI-
TUTED 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 STREET
RIGHT -OF -WAY AND OTHER MUNICIPAL PURPOSES, INCLUDING THOSE PURPOSES PERTAIN-
ING TO PROJECT NO. 22o- 67 -94, STAPLES - BALDWIN INTERSECTION IMPROVEMENT, WITH-
IN THE CITY LIMITS AND TO CONDEMN THE FEE SIMPLE 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 FOR USE FOR RIGHT OF WAY AND OTHER MUNICIPAL
PURPOSES, AS AFORESAID.
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 PURPOSES HEREIN STATED AND DESCRIBED
CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE
SUSPENSION OF THE CHARTER RULE AND 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
-2-
•
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 DAY OF JULY, 1971.
ATTEST:
4
CITY SFCR'&T A
APPROVED:
DAY. OF JULY, 1971:
�j$`I ZTY ATTORNEY
•
O
V
MAYOR
THE CITY OF CDR CHRISTI, TEXAS
•
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
•
CORPUS CHRISTI, TEXAS /
1 DAY OF
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,
' O
v
MAYOR
THE CITY OF COO CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOVING VOTE?
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK