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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 /