HomeMy WebLinkAbout10774 ORD - 03/29/1972' JRR:BJw:3/28/72:1ST_
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 CON-
DEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL
NO. 25 -6 FOR BAYFRONT OPEN SPACE PARK SITE NO. 3, PRO-
JECT NO. 291 -70 -8; DIRECTING THE CITY ATTORNEY TO INSTI-
TUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER
PAUL HAWN AND WIFE, DOROTHY HAWN, 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 CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS
FOLLOWS:
PARCEL 25 -6
A TRACT OF LAND LOCATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, LYING BETWEEN OCEAN DRIVE AND THE
WATERS OF CORPUS CHRISTI BAY; BOUNDED ON THE NORTH BY AN
EASTWARD EXTENSION OF THE NORTH LINE OF LOT "All OF A RE-
PLAT OF A PORTION OF LOTS 5 AND 60, LOTS 6 THROUGH 12,
AND LOTS 53 THROUGH 59, BLOCK 15, PORT ARANSAS CLIFFS, AS
SHOWN BY SAID REPLAT RECORDED IN VOLUME 27, PAGE 44, MAP
RECORDS, NUECES COUNTY, TEXAS; AND ON THE W. BY THE E.,
BOUNDARY LINE OF OCEAN DRIVE AS PRESENTLY LOCATED, AND
BEING DESCRIBED BY METES AND BOUNDS AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT ON THE E. LINE OF OCEAN DRIVE AT THE
INTERSECTION OF THE E. LINE OF OCEAN DRIVE WITH THE EAST-
ERLY EXTENSION OF THE ORIGINAL S. LINE OF LOT 51 BLOCK 15,
PORT ARANSAS CLIFF, AS SHOWN BY MAP RECORDED IN VOL. "A ",
PAGE 27, MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE WITH
THE EASTERLY EXTENSION OF SAID S. LINE N. 58 DEG. 541 E.
1901 TO THE SEAWALL ON THE WATERS EDGE OF CORPUS CHRISTI
BAY; THENCE, GENERALLY IN A NORTHERLY DIRECTION WITH THE
MEANDERS OF CORPUS CHRISTI BAY TO AN INTERSECTION WITH
THE EASTERLY EXTENSION OF THE N. LINE OF LOT "A" OF THE
W. RINEHART MILLER SURVEY AS RECORDED IN VOL. 27 PAGE 44,
MAP RECORDS OF NUECES COUNTY, TEXAS; THENCE S. 5A DEG. 591
W. WITH SAID EASTERLY EXTENSION OF THE N. LINE OF LOT "A"
TO THE INTERSECTION WITH THE E. LINE OF OCEAN DRIVE; THENCE,
S. 10 DEG. 531 E. ALONG AND WITH THE E. LINE OF OCEAN DRIVE
107.871 + - TO THE PLACE OF BEGINNING;
FOR BAYFRONT OPEN SPACE PARK SITE N0. 3, PROJECT N0. 291 -70 -8; AND
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: PAUL HAMON AND WIFE, DOROTHY HAMON; 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 IS NECESSARY THAT
11
10774
JRR:BJw:3 /28/72 :1ST
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 TO EMINENT DOMAIN. FOR SAID PUBLIC PURPOSE:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT, 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 OPEN
SPACE PARK SITE NO. 3, PROJECT NO. 291 -70 -8, SAID PROJECT BEING FOR PUBLIC
PARK, EROSION CONTROL AND OTHER MUNICIPAL PURPOSES 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 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 SAID OPEN SPACE
PARK SITE N0. 3, AND FOR OTHER MUNICIPAL PURPOSES, AS AFORESAID.
SECTIO14 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACT OR PARCEL OR
LAND HEREINABOVE DESCRIBED FOR THE PURPOSES HEREIN STATED AND DESCRIBED
CREATES A PUBLIC EMERGENCY AND 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 BUT THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND
THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING
REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED
-2-
�7 JRR :ejw :3/28/72:1ST
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 41DAY OF Q 1972,
ATTEST:
CITY SECRETARY
APPROVED:
DAY OFait_ , 1972:
ds. /. CITY ATTORN
O
YOR
THE CITY 0 CORPUS ISTI, TEXAS
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
0
CORPUS CHRISTI, TEXAS
DAY OF 9ZZ_
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.
- •KRE'SPEG UL'LY -,
p
MAYOR
THE CITY IF COR S HRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY
THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BoSQUEZ, M.D.
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, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
64, ,
J. HOWARD STARK
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