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HomeMy WebLinkAbout10492 ORD - 09/29/1971AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS 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 ANY ANDALL OTHERS WHO MAY HAVE AN INTEREST IN SAID PROPERTY; SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 41, BEING A STRIP OF LAND OUT OF LOT 16, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FOR STREET IMPROVEMENTS AND FOR OTHER MUNICIPAL PURPOSES, PROJECT NO. 220 -70 -1072 SOUTH STAPLES - PADRE ISLAND TO SARATOGA; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEED- INGS AGAINST THE OWNERS, MRS. KATHERINE HRISSIKOPOULOS LONTOS AND HUSBAND, JAMES K. LONTOS, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A CERTA114 PARCEL OR TRACT OF LAND DESCRIBED AS FOLLOWS: Being a 0.349 acre tract of land out of Lot 16, Section 13, Flour Bluff and Encinal Farm and Garden Tracts as shoym by Map of record in Volume A. Page 41 to 43, I.1ap Records, ,Nueces County, Texas, and being a portion of that certain 8.785 acre tract of land conveyed to Katherine Hrissikopoulos by deed dated May 1, 1957 and recorded in Volume 773, Page 554; Deed Records, d•;ueces County, Texas, said 0.349 acre tract of land being more particularly described by metes and bounds, -as follows: Beginning at the most northerly corner of said 8.785 acre tract of land, said corner being in the Southeast right-of-way line of South Staples Street for the most northerly corner of the tract herein described; Thence S. 61 0 Ol' 20" E., with the northeast boundary line of said 8.785 acre tract, a distance of 20.0 feet to a point, the most westerly corner of Lot B, Sammons Sub- division, as shown by map of record in Volume 32, Page 125, Map Records, Nueces County, Texas, for the most easterly corner of the tract herein described; Thence S. 270 10' 27" W., a distance of 313.84 feet to a point for a corner of this tract; Thence S. 290 001.W., with a line that is 30.0 feet Southeast of and parallel to the Southeast right -of -way line of said South Staples Street, a distance of 245.0 feet to a point in the Northeast right -of -way line of Williams Drive, said point being 20.0 feet northeast of the original centerline of said Williams Drive, for the most Southerly corner of the tract herein described; Thence N. 61 0 O1' 20" W., with the northeast right -of -way line of said Williams Drive, a distance of 30.0 feet to a point in the Southeast right -of -way line of said South Staples Street for the most westerly corner of the tract herein described; Thence N. 290 00' E., with the Northwest boundary line of said 8.785 acre.tract and with a line that is 30.0 feet Southeast of and parallel to the original centerline of said South Staples Street, a distance of 558.68 feet to the point of beginning. Containing 15,192.0 square feet (0.311-9 Acre) of land more or less. 10492 T • FOR STREET IMPROVEMENTS AND FOR OTHER MUNICIPAL PURPOSES; AND WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN MRS. KATHERINE HRISSIKOPOULOS LONTOS AND HUSBAND, JAMES K. LONTOSI AND WHEREAS, THE CITY OF CORPUS CHRISTI 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 15 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 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 STREET IMPROVEMENTS AND FOR OTHER MUNICIPAL PURPOSES, INCLUDING THOSE PURPOSES PERTAINING TO PROJECT N0. 220 -70 -107, SOUTH STAPLES - PADRE ISLAND TO SARATOGA, WITHIN 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 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 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 -2- r� 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 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 SEPTEMBER, 1971• ATTEST: CITY SECRE ARY APPROVED: - / OF S xTEMB , 1971: CIT ATTORNEY 0 0 MAYOR THE CITY OF CORPS HRISTI, TEXAS C] • TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF vee -P-A -Z ,/19_7I_ 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. RES -FULLY, O MAYOR THE CITY OF C 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 FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK