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HomeMy WebLinkAbout11395 ORD - 03/28/1973JRR /LIC 3126173 iSr AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, TEXAS TO CONDEMN FEE TITLE ON PARCELS NO. 20 -A AND 21 LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE C4'IERS AND CITING LIENHOLDERS OF RECORD, IF ANY, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS N0. 20 -A AND 21 FOR BAYFRONT OPEN SPACE PARK SITE N0, 31 PROJECT NO. 291 -70 -8; DLRECTING THE CITY ATTORNEY TO INSTITUTE CO "JDEMNATION PROCEEDINGS AGAINST THE RECORD OIJNERS, GEORGE TAYLOR AND WIFE FAYE TAYLOR, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WEREAS, 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. A TRACT OF LAND LYING IMMEDIATELY EAST OF LOTS 29, 30, 31 AND 32, BLOCK 155, PORT ARANSAS CLIFFS ADDITION TO - THE CITY OF CORPUS CHRISTI, TEXAS, AS SHOWN BY THE MAP RECORDED IN VOLUME A, PAGE 27, MAP RECORDS OF NUECES COUNTY, TEXAS, WHICH IS BOUNDED AS FOLLOWS: ON THE EAST BY THE WATERS OF CORPUS CHRISTI BAY, ON THE WEST BY THE EAST BOUNDARY LINE OF OCEAN DRIVE, AS PPE- , SENTLY LOCATED BEING THE LOCATION AS OF THE DATE SAME WAS CONVEYED BY GEORGE E. GIBBo;4S, JR,, TO FAYE TAYLOR BY DEED DATED JANUARY 13, 1950, RECORDED IN VOLUME 455 PAGE 351, DEED RECORDS OF NUECES COUNTY, TEXAS), ON THE NORTH BY THE EASTERLY EXTENSION OF THE CENTER LINE OF SCOTT STREET, AND ON THE SOUTH BY THE EASTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF LOT 29; SAID PROPERTY IS SOMETIMES REFERRED TO AND IS Sti OldN BY BRgCEY�O BLOCK MAPS OF THE CITY OF CORPUS CHRISTI, AS LOT G, ALTA VISTA CLIFFS ADDITION. PARCEL A TRACT OF LAND LYING EAST OF LOTS 25, 26, 27 AND 2% BLOCK 15, PORT ARANSAS CLIFFS ADDITION TO THE CITY OF CORPUS CHRISTI, TEXAS AS SHOWN BY THE MAP RECORDED, VOLUME A, PAGE 27, NAP RECORDS OF NUECES COUNTY; TEXAS, BETWEEN THE EAST LINE OF OCEAN DRIVE AND THE CORPUS CHRISTI BA WATERS OF Y, HAVING 4l ITS NORTHERN BOUNDARY THE NORTH LINE OF THE ABOVE MENTIONED LOT 28 EXTEIIDED.TO CORPUS CHRISTI BAY, AND FOR ITS SOUTHERN pGUNOARY TH SOUTH LINE OF THE AB E OVE MENTIONED LOT S CORPUS CHRIST, BAY. THE ABOVE TRACT. OFLANDTHAVINGTO BEEN ACQUI;2ED BY GEORGE TAYLOR BY DEED DATED JANUggy 2R, 191 {2, RECORUED lid VOLUME' 275 SOMET I. "dES REF R , PAGE 6211; SAID PROPERTY IS E „RED TO APID IS SHOWN BY BRACEY's BLOCK {`DAPS OF THE CITY OF. CORPUS CHRISTI, AS LOT F, ALTA VISTA CLIFFS ADDITION, AND IdY {EREAS, THE NECESSITY FOR USE BY THE CITY FOR BAYFRONT OPEN 'SPACE PARK SITE NO.. 3, hRQJECT NO. 291 -70.-8, AND FOR OTHER MUNICIPAL PURPOSES, 11395 JRR /MC 3/2613 1sT REQUIRES THE ACQUISITION OF THE AFORESAID PARCELS OF LAND; AND WEREAS, RECORD TITLE TO THE AFORESAID PARCELS APPEAR TO BE IN THE FOLLOWING: GEORGE TAYLOR AND WIFE FAYE TAYLOR; AND WHEREAS, THE CITY OF CORPUS CHRISTI, TEXAS, IS UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNERS 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 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 BAYFRONT OPEN SPACE PARK SITE NO, 3, PROJECT NO, 291`70'8, AND FOR OTHER MUNICIPAL PURPOSES, AND TO CONDEMN THE FEE SIMPLE TITLE TO THE AFORESAID PARCELSOR 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 IN THE ACQUISITION OF P ND. 20-A Q PARCELS AND 21 FOR 13AYFRONT OPEN SPACE PARK SITE NO. 3, 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 ACQUISITION OF BAYFRONT OPEN SPACE PARK SITE NO. 3 AND FOR 01 -HER MUNICIPAL PURPOSES, AS HEREINABOVE DESCRIBED AND PROVIDED, CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSIOP7 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 -2- COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH PUBLIC EMERGENCY AND NECES- SITY 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 10 FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT 13 ACCORDINGLY SO ORDAINED, THIS THE DAY OF 1973• ATTEST• / z , c CITY SECRETAR MAYOR APPROVED: THE CITY OF COR S f-IRISTI, TEXAS 2uf� DAY OF 1973 CITY ATTORNEY �� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF 19 � ORDINANCE, FOR RPUBLICEE IER EMERGENCY AND FORTH TIE IMPERATIVE NECESSITY EXIST FOR E EMERGENCY CLAUSE OF THE FOREGOING SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED R THE SUS R REQUEST RESOLUTION SUSPEND SAID CHARTER MEETINGS RULE OR REQUIREMENT COUNCIL; PASS THIS AND THAT SUCH ORDINANCE OR ORDI- NANCE FINALLY ON I, THEREFORE, CITY COUNCIL, THE DATE IT IS INTRODUCED OR IS OTHE � AT THE PRESENT MEETING OF THE SPECTFU LY, 41'. r MAYOR THE CITY OF P CHRISTI,. TEXAS -THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE ' CHARLES A. BONNIWELL ROBERTO BDSQUEZ, 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. 13ONNIWELL - ' RODERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO,, SR, ' J. HOWARD STARK r