HomeMy WebLinkAbout11478 ORD - 05/16/1973IRR /Nc 5/4/73 1ST
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Y � • �, '� AN ORDINANCE
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,- AUTHORIZING EMINENT - DOMAIN PROCEEDINGS TO CONDEMN FEE n
TITLE TO CERTAIN PARCELS OR TRACTS OF LAND LOCATED IN
y NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTIES, r
IDENTIFYING THE RECORD TITLE OWINLRS AND CITING ANY
* OTHERS WHO MAY HAVE AN INTEREST, SAID CONDEMNATIONr .
BEING NECESSARY FOR THE ACQUISITION OF PARCEL NOS.' 13 e
AND 14, SOUTH STAPLES -PADRE ISLAND DRIVE TO SARATOGA,
PROJECT N0, 220 -70 -107; DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNER,
f LAWRENCE J. BERGER AND WIFE, MARGARET M. BERGER, TO
r CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING
AN EMERGENCY.
.,
WHEREAS, IT IS NECESSARY TO ACQUIRE, FOR AND ON BEHALF OF THE CITY �5•� ;y
OF CORPUS CHRISTI, A CERTAIN PARCEL OR TRACT OF LAND DESCRIBED AS FOLLOWS: j•{��!
PARCEL NO. 13 y�
13E11lli a 10 foot wide strip parallel to. and abutting South Staples Street out of Lot
A, Garder_dale Gin Tract as recorded in Vol. 22, Page 37, A?ap Records of Nueces r
County, Texas, more particularly described by metes and bounds as follows: t
BEGINNING at the most easterly corner of said Lot A;
x' 'TI3ENCE, S. 290 W. with the existing Right -of -Way line of South Staples Street a
d-istance•of 150 feet to the most southerly corner of said Lot A;
THENCE, N. 610 00' 4G" W. with the southwest boundary line of Lot A a distance '
t.
+� • t of 10 feet to a point;
THENCE, N. 290 E. parallel to and 40' from the original center line of South
Staples Street a distance of 140 feet to a point, the P.C. of a circular curve to
the left;, %
• THENCE, in a northwesterly direction with the are of a curve to the left whose t
central angle is 900 00' 40 ", radius 10 feet, tangent 10 feet, and length of
curve 15.71 feet to the P.T. of the curve in the southwest Right -of -Way line of
Bonner Drive;
y THENCE, s. 610 00' "4G" E. with the northeast boundary line of said Lot A a
distance of 20 feet to the point of beginning and containing 1,521.4 sq. ft. of
land more or less.
PARCEL NO. 14
BEING a 10 foot wide by 70 foot long strip of land parallel to and abutting South
Staples Street (Damp Road) out of Lot 25, Section 3, Flour Bluff and Encinal Farm
and Garden Tracts as recorded in Vol. A. Page 41, 42 and 43, Map Records of Nueces
County, Texas, and described by metes and bounds as follows:
BEGINNING at the intersection of the center lines of Bonner Drive and the original
Right -of -Way of South Staples Street (Dump Road) and being the most easterly
corner of said Lot 25;
THENCE, S. 290 W. along the original center line of South Staples Street a distance
of 230 feet, thence 11. 610 1d. a distance of 30 feet to northwest Right -of -Way line v
of South staples Street for the point of beginning for this parcel;
THENCE, S 290 W. with the existing Right -of -Way line of South Staples Street a
distance of 70 feet to the northeast corner of Lot 8, Block 6, Gardendale,Subd. as
recorded in Vol. 8, Page 21, Map Records of Nueces County, Texas; r ¢
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BU478
THENCE, N. 600 00' 40" W. With the northeast line of said Lot 8, a distance of
10 feet to a point;
THENCE, N. 290 E. parallel to and 110 feet from the center line of South Staples
Street a distance of 70 feet to a point;
THENCE, S. 600 00' 40" E. a distance of 10 feet to the point of beginning and
containing 700 sq. ft. of land more or less.
AND
WHEREAS, THE NECESSITY FOR THE COMPLETION OF SOUTH STAPLES IMPROVE-
MENTS, AND OTHER MUNICIPAL PURPOSES, REQUIRES THE ACQUISITION OF THE AFORESAID
M
PARCELS OF LAND; AND
WHEREAS, RECORD TITLE TO THE AFORESAID PARCELS APPEARS TO BE IN
THE FOLLOWING: LAWRENCE J. BERGER AND WIFE, MARGARET M. BERGER; 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 PARCEL, AND DAMAGES FOR THE TAKING THEREOF BY THE CITY; IT IS, THERE-
FORE, DETERMINED BY THE CITY COUNCIL THAT IT IS NECESSARY THAT SAID L015 OR C'
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
r
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 SOUTH STAPLES IMPROVEMENTS,
I PROJECT No. 220-70-107, 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
•,f
POSSESSION AND TITLE TO SAID PROPERTY FOR USE IN THE SOUTH STAPLES IMPROVEMENTS,
AND FOR OTHER MUNICIPAL PURPOSES.
-2-
i
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 SOUTH STAPLES IMPROVEMENTS 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
EFFEC T FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE
A-tk, DAY OF MAY, 1973.
ATTEST: �►
1 °
CITY R
SECRETA -�% MAYOR
/// THE CITY OF CORPU C
Y ISTI, TEXAS
APPROVED: G
A Y OF MAY, 1973:
C I Y A-rTOR Y
CORPUS CHRISTI, TEXAS
f( -! OAY OF f �9__Z
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 F
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 IS INTRODUCED, OR AT THE PRESENT FLEETING OF THE
CITY COUNCIL.
P ESPECT LLY, '
YOR
THE CITY OF CORP C ISTI,, TEXAS
TP.E CHARTER RULE WAS•SUSPENDED BY THE FOLLOWING VOTE:
' BONNIE $IZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D. 3•. .
REV. HAROLD T. BRANCH
• _ _ THOMAS V. GONZA IES � ' � •
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
• BONN I E $ 12EFtORE
. CHARLES A. BONNIWELL
• ROBERTO BOSQUEZ, M.D. y¢
Rev. HAROLD T. BRANCH
THOMAS V. GONZALES //�c,iJL� ' •
GAGE LOZANO, SR.
J. HOWARD STARK
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