HomeMy WebLinkAbout11203 ORD - 12/13/19720 JRR/RWC/Mc 12/8/72 1sT •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE ESTATES OF JUAN A. GONZALEZ AND ISABEL
M. GONZALEZ, WHEREBY THE CITY OF CORPUS CHRISTI IS AUTHOR-
IZED TO TAKE POSSESSION OF A PORTION OF LOT NINE (9), SECTION
E, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, FOR THE CON-
STRUCTION OF THE IMPROVEMENTS TO GREENWOOD DRIVE, A COPY OF
WHICH AGREEMENT IS MARKED EXHIBIT "A ", ATTACHED HERETO AND
MADE A PART HEREOF FOR ALL PURPOSES; AND DECLARING AN EMER-
GENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI IS IN NEED OF A PORTION OF LOT
NINE (9), SECTION E, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, IN THE CITY
OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR THE CONSTRUCTION OF IMPROVEMENTS
TO GREENWOOD DRIVE; AND
WHEREAS, THE CITY AND THE OWNERS OF THE ABOVE DESCRIBED LOT, THE
ESTATES OF JUAN A. GONZALEZ AND ISABEL M. GONZALEZ, HAVE ATTEMPTED TO NEGOTIATE
A SALE OF THE AREA OF THE SAID LOTS REQUIRED FOR SUCH CONSTRUCTION; AND
WHEREAS, THE SAID OWNERS OF THE SAID LAND AND THE CITY HAVE NOT BEEN
ABLE TO REACH AN AGREEMENT ON THE VALUE OF THE LAND TO BE TAKEN; AND
WHEREAS, THE OWNERS OF SAID LAND, THE ESTATES OF JUAN A. GONZALEZ
AND ISABEL M. GONZALEZ, ARE AGREEABLE AND HAVE CONSENTED TO GRANT THE CITY THE
RIGHT TO ENTER UPON SAID PREMISES AND TAKE POSSESSION THEREOF IN ORDER TO EX-
PEDITE THE CONSTRUCTION OF IMPROVEMENTS, RESERVING UNTO THEMSELVES THE RIGHT TO
RECEIVE JUST COMPENSATION IN THE FUTURE ACCORDING TO LAW;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
AND DIRECTED TO EXECUTE AN AGREEMENT WITH THE ESTATES OF JUAN A. GONZALEZ AND
ISABEL M. GONZALEZ, WHEREBY THE CITY IS GRANTED THE RIGHT TO ENTER UPON AND
TAKE POSSESSION OF THE PREMISES DESCRIBED IN SAID AGREEMENT, AND WHEREBY THE
SAID OWNERS RESERVE THE RIGHT TO RECEIVE JUST COMPENSATION FOR THE SAID LAND
ACCORDING TO LAW. A COPY OF SAID AGREEMENT IS ATTACHED HERETO, MARKED "EXHIBIT
A ", AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO AUTHORIZE THE EXECUTION OF THE AFORESAID
AGREEMENT SO THAT CONSTRUCTION OF IMPROVEMENTS TO GREENWOOD DRIVE MAY PROCEED
IN AN ORDERLY MANNER CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECES-
SITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION
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• JRR /RWC /Mc 12/8/72 1sT •
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
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
ATTEST:.
CITY SECRET RY MAYOR
THE CITY OF CORPU RISTI, TEXAS
APPROVED:
c .D1AY OF� 1972:
CITY ATTORNEY
12 /6 /72:RWC:e
1st • 0 •
AGREEMENT
THE STATE OF TEXAS X
COUNTY OF NUECES X
WHEREAS, the City of Corpus Christi has indicated a
need for street right -of -way a twenty foot (20') strip of land
adjacent to Greenwood Drive, being a tract of land out of Lot
Nine (9), Section E, Paisley's Subdivision of the Hoffman Tract,
as shown by a map of record in Volume A, page 28, Map Records,
Nueces County, Texas, said tract being more particularly described
by metes and bounds 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 PARTICULARLY DESCRIBED BY
METEE AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHEAST BOUNDARY LINE OF SAID
LOT 9, SAID POINT BEING N. 610 4,1' 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 LIH 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. 88' 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 3Y, PAGE 100, MAP RECORDS, NUECES COUNTY, TEXAS,
FOR THE SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
THENCE N. 00 23' 50" W., WITH THE EAST BOUNDARY OF SAID LOT
1, A DISTANCE OF 10.0 FEET TO A POINT, THE NEW NORTH RIGHT-
' OF -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
DISTANCE OF yiiO 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
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. 2$° 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' 4O' E., WITH THE NORTHEAST BOUNDARY LINE OF SAID
LOT 9, A DISTANCE OF 50.0 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.509 ACRE OF LAND MORE OR LESS (22172.0 S.F.);
and as further shown by drawing attached hereto and identified
as Exhibit "A" which is incorporated herein for all purposes; and
WHEREAS, the parties have not yet been able to agree
upon the amount of compensation to which the owners of such property
would be entitled under the Constitution and Laws of the State of
Texas as the result of such taking which involves the widening and
improvement of Greenwood Drive in the City of Corpus Christi; and
WHEREAS, the City of Corpus Christi has requested of
the Estates of Juan A. Gonzalez and wife; Isabel M. Gonzalez,
owners of such property, that the City be given permission to Jo
into possession of the right -of -way needed out of Lot Nine (9),
Section E, Paisley's Subdivision of the Hoffman Tract, as shown
on Exhibit "A ", at this time with the understanding that the land
owners would reserve to themselves the complete right.to receive
just compensation in the future for such taking according to the
Constitution and Laws of the State of Texas, to be determined
either by negotiations or by condemnation proceeding.
NOW, THEREFORE, BE IT AGREED AND STIPULATED by the City
of Corpus Christi and the owners, the Estates of Juan A. Gonzalez
and wife, Isabel M. Gonzalez, that the City may go into possession
and use of such right -of -way at this time with the understanding
that the owners reserve to themselves the right to receive just
compensation for such taking according to the Constitution and
Laws of the State of Texas, and IT IS FURTHER AGREED that the
date of taking for all purposes will be considered the date of
this contract.
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•
CORPUS CHRISTI, TEXAS
AY 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; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT 15 INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
ECTFU Y,
R ,
/MAYOR
THE CITY OF CO CHRISTI,, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES
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 VOTES
RONNIE SIZEMORE
CHARLES A. SONNIWELL A---
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK