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HomeMy WebLinkAbout11843 ORD - 12/19/1973• JRR:vp:12 /19/73:lst AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR 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 ACQUISITION OF PARCEL NO. 1 FOR THE JACKSON TERRACE SANITARY SEWER, PROJECT NO. 250- 7o -80.6; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, J. F. LEWIS AND WIFE, CARROL LEWIS, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; 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 strip of land for utility easement out of Lot 3, Block 1, Shell Road Poultry Acres as shown by map of record in Volume 29, page 35, Map Records, Nueces County, Texas, said strip of land being more particularly described by metes and bounds as follows: Beginning at the most Southerly corner of said Lot 3, said point being in the northwest right -of -way line of Violet Road for the most Southerly and beginning corner of the tract herein described; Thence N. 540 41' 47" W., with the Southwest boundary line Of said Lot 3, a distance of 189.10 feet to its intersection with the Southeast line of a 10 foot utility easement for the most westerly corner of the tract herein described; said point being S. 54° 41' 47" E., 10.06 feet from the most westerly corner of said Lot 3; Thence N. 410 25' 14" E., with the Southeast line of said 10 foot utility easement, a distance of 10.06 feet to a point for the most northerly corner of the tract herein described; Thence S. 540 41' 47" E., with a line that is 10 feet North- east of and parallel to the Southwest line of said Lot 3, a distance of 189.53 feet to a point in the Northwest right - of way line of said Violet Road, for the most easterly corner of the tract herein described; Thence S. 44° 08' 13" W., with the Northwest right -of -way line of said Violet Road, a distance of 10.12 feet to the point of beginning. Containing 1910.20 square feet of land more or less. Together with a 30 foot wide temporary construction easement Northeast of and adjacent to the above described utility easement. WHEREAS, the necessity for the completion of Jackson Terrace Sanitary Sewer Project and other municipal purposes, requires the acquisition of the aforesaid parcel of lead; and 11843 WHEREAS, record title to the aforesaid parcel appears to be in the following: J. F. Lewis and wife, Carrol Lewis; 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 parcel, and damages for the taking thereof by the City; it is, therefore, determined by the City Council that it is necessary that said lot or parcel 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 insti- tuted for the purpose of acquiring the aforesaid parcels of land and premises, excluding mineral interests, for use by the City for the Jackson Terrace Sanitary Sewer Project, 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 possession and title to said property for use in the Jackson Terrace Sanitary Sewer Project, 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 lend hereinabove described for the Jackson Terrace Sanitary Sewer Project 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 read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date -2- • of its introduction and take effect and be in full force and effect from and afte its passage, IT IS ACCORDINGLY SO ORDAINED, this the day C f , 1973. ATTES City Sec t MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: /DAY OF Sn �� City Attorney • Corpus Christi, Texas jf2le 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 is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark P The above ordinance was passed by the following vote: Jason Why James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark