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HomeMy WebLinkAbout13260 ORD - 06/30/1976JKH:oc:6 /23/76:1st AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI FOR ACQUISITION OF A PARCEL OF LAND (PARCEL NUMBER 19) LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE AN INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE CORPUS CHRISTI BEACH RESTORATION PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, JACK DAVIS AND WIFE KATHLEEN G. DAVIS TO CARRY OUT THE INTENTIONS OF THIS 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: and and Parcel No. 19 BEING a tract of land out of Block B, Brooklyn Addition, as shown by map of record in Volume 23, Page 14, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: BEGINNING at a point which is the intersection of the westerly right -of -way line of North Shoreline Boulevard and the northerly right -of- way line of Surfside Boulevard, said point being the southeast corner of Block B, Brooklyn Addition, for the most southerly and beginning corner of the tract of land herein described; THENCE N..20° 41' 24" E., a distance of 254.95 feet to an angle point; THENCE N. 32° 00' E., a distance of 546.02 feet to a point on the northerly boundary line of said Block B; THENCE S. 58° 00' E., along the northerly boundary line of said Block B, a distance of 50.0 feet to a point on the westerly right-of-way line of said North Shoreline Boulevard and being the northeast corner of said Block B; AM I'7 1980 THENCE S. 32° 00' W., along the westerly right -of- way line of said North Shoreline Boulevard, a distance of 796.02 feet to the place of beginning and containing 33,551.0 square feet, more or less; and being that land in the above metes and bounds description which is above mean high _tide. All .unsubmerged_.1and- owned or_-cla-imed by Grantors lying southeast of the southeast line of Blocks numbered Fourteen (14) through Seventeen (17), inclusive, as shown on a map designated as "Plan of Brooklyn" as recorded in Volume A, page 31, of the Map Records of Nueces County, Texas, containing 7,101 square feet of land, more or less. 13260 JUN 181980 MICROFILMED WHEREAS, said parcel is necessary as a temporary construction easement.for the Corpus Christi Beach Restoration Project, Project No. 291- 72 -11, and other municipal purposes; and WHEREAS, record title to the aforesaid parcel appears to be in following: Jack Davis and wife Kathleen G. Davis; and WHEREAS, the City of Corpus Christi is unable to arrive at an agreement with the owners and claimants as to the value of said temporary construction easement; it is, therefore, determined by the City Council that it is necessary that said parcel of land described be acquired for said purpose through the exercise of the City's power of eminent domain for said public purposes: 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 does hereby order, direct and authorize that eminent domain proceedings be instituted for the purpose of acquiring the aforesaid parcel of land for a temporary construction easement for use by the City for the Corpus Christi Beach Restoration Project, Project No. 291- 72 -11, and for other municipal purposes. SECTION 2. The City Attorney of the City of Corpus Christi is hereby authorized and directed to institute eminent domain proceedings against the said property, and against all persons who appear to have an interest therein, and to proceed with said condemnation suit to final conclusion and to obtain possession of said property for use as a temporary construction easement for said Project, and for other municipal purposes. SECTION 3. The public importance and necessity for the City to gain immediate possession of the aforesaid parcel or tract of land hereinabove described for said 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 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, having requested the suspension -2- of the Charter rule and that this ordinance take effect and be in full force and effect from a after its passage, IT IS ACCORDINGLY SO ORDAINED this the 1210Lday of y�.� , 1976. ATTEST: Ci Secretary MAY APP VED: t, DAY OF .(..ZLe__, , 1976: d J. BRUCE AYCOCK, CITY ATTORNEY By 71 Assistant Q', l Attorney THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS 30 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 IS INTRODUCED, AND THAT'SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, 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, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: (24d -i?/4 ate-% JASON LUST DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL Boa GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE J