HomeMy WebLinkAbout10896 ORD - 06/07/1972JRR /Mc 6/5/72 1ST
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE
TITLE TO A CERTAIN 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
CONSTRUCTION OF GARDENDALE AREA STORM SEWER, HUD PRO-
JECT WS- TX -06 -59 -1017 AND OTHER MUNICIPAL PURPOSES,
BEING PROJECT NO. 296 -70 -2, PARCEL NO. 1; DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AGAINST THE OWNERS, H. C. HELDENFELS, J. R. HELDENFELS
AND F. W. HELDENFELS, JR., INDIVIDUALLY AND AS INDEPEN-
DENT EXECUTOR OF THE ESTATE OF F. W. HELDENFELS, SR.,
AND RAE ORMS HELDENFELS, 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:
AND
BEING A RECTANGULAR TRACT OF LAND OUT OF LOT 3, SECTION 4,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS SHOWN
BY MAP OF RECORD IN VOLUME A, PAGE 41, 42 & 43 MAP RECORDS,
NUECES COUNTY, TEXAS, AND OUT OF THAT CERTAIN 65.309 ACRE
TRACT OF LAND DESCRIBED IN VOLUME 675, PAGE 267, DEED RECORDS,
NUECES COUNTY, TEXAS, SAID RECTANGULAR TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHWEST BOUNDARY LINE OF SAID
LOT 3, SAID POINT BEING S. 28° 591 10" W., 40.0 FEET FROM
THE MOST NORTHERLY CORNER OF SAID LOT 3, AND S. 28° 591 101
W., 20.0 FEET FROM THE MOST EASTERLY CORNER OF COUNTRY CLUB
VILLAGE UNIT 2, AS SHOWN BY MAP OF RECORD IN VOLUME 32, PAGE
31, MAP RECORDS, NUECES COUNTY, TEXAS, FOR THE MOST NORTHERLY
AND BEGINNING CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE S. 610 051 2011 E., WITH THE SOUTHWEST RIGHT -OF -WAY
LINE OF THE NAVAL AIR STATION RAILROAD SPUR, A DISTANCE OF
100.0 FEET TO A POINT FOR THE MOST EASTERLY CORNER OF THE
TRACT HEREIN DESCRIBED;
THENCE S. 28° 591 10" W., WITH A LINE THAT IS 100 FEET SOUTHEAST
OF AND PARALLEL TO THE NORTHWEST BOUNDARY LINE OF SAID LOT 3,
A DISTANCE OF 723.88 FEET TO A POINT IN THE NORTHEAST BOUNDARY
LINE OF A 50.17 ACRE TRACT DESCRIBED IN VOLUME 628, PAGE 364,
DEED RECORDS, NUECES COUNTY, TEXAS, FOR THE MOST SOUTHERLY
CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 61' 051 2011 W., WITH THE NORTHEAST BOUNDARY LINE OF
SAID 50.17 ACRE TRACT, A DISTANCE OF 100.0 FEET TO A POINT
IN THE NORTHWEST BOUNDARY LINE OF SAID LOT 3, AND IN THE SOUTH-
EAST BOUNDARY LINE OF SAID COUNTRY CLUB VILLAGE UNIT 2, FOR
THE MOST WESTERLY CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 28° 591 10" E., WITH THE NORTHWEST LINE OF SAID LOT
3, AND THE SOUTHEAST LINE OF SAID COUNTRY CLUB VILLAGE UNIT 21
A DISTANCE OF 721.88 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.662 ACRES OF LAND MORE OR LESS;
WHEREAS, RECORD TITLE OF THE AFORESAID PARCEL APPEARS TO BE IN
THE FOLLOWING: H. C. HELDENFELS, J. R. HELDENFELS AND F. W. HELDENFELS, JR.,
10-896
JRR /Mc 6/5/72 1ST
INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF F. W. HELDENFELS,
SR., AND RAE ORMS HELDENFELS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREE-
MENT WITH THE SAID OWNERS AND CLAIMANTS AS TO THE PRICE AND VALUE OF SAID
LOTS OR PARCELS 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 LOTS OR PARCELS 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. 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 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 THE CONSTRUC-
TION OF GARDENDALE AREA STORM SEWER, HUD PROJECT WS- TX -O6 -59 -1017 AND OTHER
MUNICIPAL PURPOSES, BEING PROJECT NO. 296 -70 -2, PARCEL NO. 1, ALL BEING WITHIN
THE CITY LIMITS AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCELS
OR TRACTS 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 CONSTRUCTION OF
GARDENDALE AREA STORM SEWER, HUD PROJECT WS- TX -06 -59 -1017 AND OTHER MUNICIPAL
PURPOSES, BEING PROJECT NO. 296 -70 -2, PARCEL NO. 1
SECTION 3. THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO
GAIN IMMEDIATE POSSESSION AND TITLE TO THE AFORESAID TRACTS OR PARCELS 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
-2-
JRR /Mc 6/5/72 1sT
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 JUNE, 1972.
ATTEST-
CITY SECRE A Y /F MAYOR
/ THE CITY OF COR S HRISTI, TEXAS
APPROVED:
DAY OF JUNE, 1972:
Cityr AT NEY /-
CORPUS CHRISTI TEXAS
DAY OF
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 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.
c
RE CTFULL
• r
MAYOR
THE CITY.OF ORPU C RISTI�• TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD •T. BRANCH iC)-�y`•'��
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 p '
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK