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HomeMy WebLinkAbout11125 ORD - 10/11/1972JRR.0mp •, 10 /10/72:let t AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE GREENWOOD DRIVE PAVING AND IMPROVEMENTS, PADRE ISLAND DRIVE TO HORNE ROAD, BEING PROJECT NO. 220 -70 -113, AND FOR OTHER MUNICIPAL PURPOSES, AND BEING WITHIN THE COR- PORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST JUAN M. GONZALEZ, ROSA M. GONZALEZ, JOSE M. GONZALEZ, ARNULFO M. GONZALEZ, ALFONSO M. GONZALEZ, MANUEL M. GONZALEZ, ADOLFO M. GONZALEZ, INDIVIDUALLY AND AS HEIRS OF THE ESTATE OF JUAN A. GONZALEZ AND ISABEL M. GONZALEZ, DECEASED; 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: Being a tract of land out of Lot 9, Section E, Paisley's Subdivision of the Hoffman Tract, as shown by map of record in Volume A, Page 28, Map Records, Nueces County, Texas, said tract of land being more par icularly described by metes and bounds as follows: Beginning at a point in the Northeast boundary line of said Lot 9, said point being N. 61" 40' W., 20.0 feet from the most easterly corner of said Lot 9, for the most easterly and beginning corner of the tract herein described; Thence S. 28° 20' W., with a line that is 20.0 feet north- east of and parallel to the centerline of Greenwood Drive, a distance of 983. feet more or less to its intersection with the north right -of -way line of West Point Road for the most southerly corner of the tract herein described; Thence S. 881 59' 15" W., with the existing north right -of- way line of said West Point Road, a distance of 180 feet more or less to the Southeast corner, before street dedica- tion of Lot 1, Cliff Maus Village, as shown by map of record in Volume 34, Page 100, Map Records, Nueces County, Texas, for the Southwest corner of the tract herein described; Thence N. 0" 23' 50" W., with the east boundary of said Lot 1, a distance of 10.0 feet to a point, the new north right - o£ -way line of said West Point Road for a corner of the tract herein described; Thence N. 88° 59' 15" E., a distance of 168 feet more or less to a point that is 40.0 feet, Northwest of measured at right angle from the centerline of Greenwood Drive for a corner of the tract herein described; Thence N. 28" 20' E., with a line that is 40 feet northwest of and parallel to the centerline of Greenwood Drive, a dis- tance of 940. feet more or less to a point, the P. C. of a curve, said point being 35.0 feet S. 28° 20' W., from the 5 JRR:vmp • 10/10/72:lst northeast boundary line of said Lot 9, for a corner of the tract herein described; Thence in a northwesterly direction with the arc of a curve to the left whose central angle is 90° 00', and whose radius is 10.0 feet, a distance of 15.71 feet to a point, the P. T. of said curve for a corner of the tract herein described; Thence N. 28° 20' E., a distance of 25.0 feet to a point in the northeast boundary line of said Lot 9, for the most northerly corner of the tract herein described; Thence S. 61° 40' E., with the Northeast boundary line of said Lot 9, a distance of 50.0 feet to the point of begin- ning. Containing 0.509 acre of land more or less (22172.0 S.F.); and WHEREAS, the necessity for the Greenwood Drive paving and improve- ments 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: Juan M. Gonzalez, Rosa M. Gonzalez, Jose M. Gonzalez, Arnulfo M. Gonzalez, Alfonso M. Gonzalez, Manuel M. Gonzalez, Adolfo M. Gonzalez, indi- vidually and as heirs of the estate of Juan A. Gonzalez and Isabel M. Gonzalez, deceased; and WHEREAS, the City of Corpus Christi, Texas, is unable to arrive at an agreement with the said owners and claimants as to the price and value of said parcels, and damages for the taking thereof by the City; it is, there- fore, 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, Nuecea County, Texas, does hereby order, direct and authorize that eminent domain proceedings be instituted for the purpose of acquiring the aforesaid parcels of land and premises, exclud- ing mineral interests, for use by the City for the paving and improving of Greenwood Drive 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, -2- ! 10R.� 10 /10/72:lst 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 paving and improving of Greenwood Drive 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 paving and improving of Greenwood Drive and for other municipal purposes, as hereinabove described and provided, creates a public urgency 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 de- clared that such public urgency 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 11--LL day of October, 1972. ATTEST: r City Secre'ary APPROVED: I Y—Y OF OCTOBER, 1972: 59 P65`rE y Attorney m O MAYOR THE CI OF C U CHRISTI, TEXAS CORPUS CHRISTI, TEnXASy�r 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 15 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. RESPECTF LLY, o / YOR I� THE CITY.OF C CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWE LL r ROBERTO BosQUEz, M.D. �� -' REV. HAROLD.T. BRANCH THOMAS V. GONZALES GAGE LOZANO, $R. / J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE AI CHARLES A. BONNIWELL/ ROBERTO BOSQUEZ, M.D. J -REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. / J. HOWARD STARK