HomeMy WebLinkAbout10826 ORD - 04/26/1972JRR:B,Iw:4/24/72 1sT
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI, TEXAS TO CONDEMN FEE TITLE ON PARCELS
NO. 2 AND 3, BEING TWO PARCELS OF LAND LOCATED IN
NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTI-
FYING THE RECORD TITLE OWNERS, AND CITING LIENHOLDERS,
LEASEHOLD INTERESTS OF RECORD, IF ANY, SAID CONDEMNATION
BEING NECESSARY FOR THE ACQUISITION OF A PORTION OF LOTS
14 AND 15, BLOCK 8, KOOLSIDE ADDITION, FOR WIDENING OF
GOLLIHAR ROAD, PROJECT 220 -70 -110; DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST
THE RECORD OWNERS, GUY D. WINSTEAD, ET UX, RUBY WINSTEAD,
SAID CONDEMNATION BEING NECESSARY IN ORDER 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,CERTAIN PARCELS OR TRACTS OF LAND DESCRIBED AS
FOLLOWS:
PARCEL NO. 2
BEING A 6.5 FOOT WIDE STRIP OF LAND OUT OF LOT 14,
BLOCK 81 KOOLSIDE ADDITION AS SHOWN BY MAP OF RECORD
IN VOLUME 131 PAGES 32 AND 33, MAP RECORDS, NUECES
COUNTY, TEXAS, SAID STRIP OF LAND BEING MORE PARTICU-
LARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 14,
SAID POINT BEING IN THE EXISTING NORTHEAST RIGHT OF WAY
LINE OF GOLLIHAR ROAD FOR THE MOST SOUTHERLY AND BEGIN-
NING CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE EXISTING
NORTHEAST RIGHT OF WAY LINE OF SAID GOLLIHAR ROAD, AND
WITH THE SOUTHWEST BOUNDARY LINE OF SAID LOT 14, AND
WITH THE ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE
IS 3° 01' 20 ", AND WHOSE RADIUS IS 268.35 FEET, A DISTANCE
OF 14.15 FEET TO A POINT FOR A CORNER OF THIS TRACT;
THENCE N. 60° 401 W., WITH THE SOUTHWEST BOUNDARY LINE OF
SAID LOT 14, AND WITH THE EXISTING NORTHEAST RIGHT OF WAY
LINE OF SAID GOLLIHAR ROAD, A DISTANCE OF 95.85 FEET TO
A POINT THE P.C. OF A CURVE FOR A CORNER OF THIS TRACT;
THENCE IN A NORTHWESTERLY DIRECTION WITH THE ARC OF SAID
CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 38° 261, AND
WHOSE RADIUS IS 30.0 FEET, A DISTANCE OF 20.12 FEET TO A
POINT, FOR THE MOST NORTHERLY CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE S. 60° 401 E., A DISTANCE OF 112.50 FEET TO A
POINT THE P.C. OF A CURVE FOR A CORNER OF THIS TRACT;
THENCE IN AN EASTERLY DIRECTION, WITH THE ARC OF A CURVE
TO THE LEFT WHOSE CENTRAL ANGLE IS 2° 381 20" AND WHOSE
RADIUS IS 350.69 FEET, A DISTANCE OF 16.1 FEET TO A
POINT IN THE SOUTHEAST LINE OF SAID LOT 1, FOR A CORNER
OF THE TRACT HEREIN DESCRIBED;
THENCE S. 29° 201 W., WITH THE SOUTHEAST LINE OF SAID
LOT 14, A DISTANCE OF 6.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 798.0 SQUARE FEET OF LAND MORE OR LESS.
10826
JRR :Bjw :14/24/72 1ST
PARCEL NO. 3
BEING A TRIANGULAR SHAPED TRACT OF LAND OUT OF LOT 15,
BLOCK H, KOOLSIDE ADDITION AS SHOWN BY MAP OF RECORD IN
VOLUME 13, PAGES 32 AND 33, MAP RECORDS NUECES COUNTY,
TEXAS, SAID TRIANGULAR TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 15,
SAID CORNER BEING IN THE EXISTING NORTHEAST RIGHT OF WAY
LINE OF SAID GOLLIHAR ROAD, FOR THE MOST WESTERLY AND
BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 29° 201 E., WITH THE NORTHWEST BOUNDARY LINE
OF SAID LOT 15, A DISTANCE OF 6,50 FEET TO A POINT FOR THE
MOST NORTHERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF SAID
CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 17° 421 25° AND
WHOSE RADIUS IS 350.69 FEET, A DISTANCE OF 108.47 FEET
TO POINT IN THE SOUTHEAST CORNER OF SAID LOT 15, AND IN
THE EXISTING NORTH RIGHT OF WAY LINE OF SAID GOLLIHAR
ROAD FOR THE MOST EASTERLY CORNER OF THE TRACT HEREIN
DESCRIBED;
THENCE IN A WESTERLY AND NORTHWESTERLY DIRECTION WITH THE
ARC OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 230 291
4011, AND WHOSE RADIUS IS 26$.35 FEET, A DISTANCE OF 110.05
FEET TO THE POINT OF BEGINNING;
CONTAINING 355.10 SQUARE FEET OF LAND MORE OR LESS;
AND
WHEREAS, THE NECESSITY FOR THE WIDENING OF GOLLIHAR ROAD, 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: GUY D. WINSTEAD, ET UX, RUBY WINSTEAD; 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
-2-
JRR: B.Iw:4/2I4/72: 1ST C.
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 WIDENING
OF GOLLIHAR ROAD 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
WIDENING OF GOLLIHAR ROAD 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 WIDENING OF GOLLIHAR ROAD AND FOR OTHER
MUNICIPAL PURPOSES, AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC
EMERGENCY AND AN 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 AND THAT SUCH RESOLUTION AND ORDINANCE 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
.^c Y24AY OF APRIL, 1972.
ATTEST:
I o
ZITI SECRE ARY MAYOR
THE CITY OF CORP RISTI, TEXAS
APPROVED:
2DAY OF APRIL, 1972:
_� Z TTY A TO NEY
CORPUS CHRISTI, TEXAS n
016 W DAY, OF , 19 ;7- /
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 INTRODUCED1 AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFOREI
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.
RESPECTF LLY,
I . P /0
THE CITY OF CORPV CV ISTI, 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 A80VE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE):
BONNIE SIZEMORE !
CHARLES A. BONNIWELL - - -(��
ROBERTO BOSQUE 2, M.D. - - -C��
REV. HAROLD T. BRANCH
THOMAS V. GONZALES /J
GABE LOZANO, SR.
J. HOWARD STARK