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HomeMy WebLinkAbout13284 ORD - 07/14/1976JEH:hb:7 /13/76:lst AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI FOR ACQUISITION OF A PARCEL OR TRACT OF LAND 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 PARCEL NO. 1, FOR THE AIRLINE ROAD - SOUTH PADRE ISLAND,DRIVE TO WILLIAMS DRIVE PROJECT, PROJECT NO. 220 -72 -8; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM- NATION PROCEEDINGS AGAINST THE RECORD OWNERS, TEXAS STAR DISTRIBUTING COMPANY, TO CARRY OUT THE INTEN- TIONS 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: PARCEL NO. 1 Being an irregularly shaped tract of land out of Lot "A ", Bayder Addition as shown by map of record in Volume 26, Page 53, Map Recordd4 Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the east right -of -way line of Airline Road, said point being the southwest corner of said Lot "A ', Bayder Addition, for the southwest and beginning corner of the tract of land herein described; Thence N. 2° 28' 40" E., along the east right -of- way line of said Airline Road, a distance of 51.49 feet to a point for the P.C. of a curve; Thence to the right along the arc of a circular curve whose central angle is 116° 31'20 ", radius 20.0 feet, tangent 32.33 feet, a distance of 40.67 feet to a point in the southwest right -of- way line of South Padre Island Drive; Thence S. 610 00' E., along the southwest right -of- way line of said South Padre Island Drive, a distance of 6.71 feet to a point for the P.C. of a curve; Thence in a northwesterly direction along the arc of a circular curve to the left whose central angle is 116° 31'20 ", radius 20.0 feet, tangent 32.33 feet, a distance of 40.67 feet to a point of tan- gency; Thence S. 2° 28' 40" W., along a line that is 6.0 feet east of and parallel to the east right -of- way line of said Airline Road, a distance of 51.49 feet to a point in the southwest boundary line of said Lot "A", Bayder Addition; Thence N. 61° 00' W., along the southwest boundary line of said Lot "A ", a distance of 6.71 feet to the place of beginning and containing 512.63 square feet, more or less. MICROFILMED 13284 { JUN 171980 and WHEREAS, the Airline Road - South Padre Island Drive to Williams Drive Project, and other municipal purposes, requires the acquisition of the aforesaid parcel of land; and WHEREAS, record title to the aforesaid parcel appears to be in the following: Texas Star Distributing Company; and WHEREAS, the City of Corpus Christi 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 instituted for the purpose of acquiring the aforesaid parcel of land and premises, excluding mineral interests, for use by the City for the Airline Road - South Padre Island Drive to Williams Drive Project, Project No. 220 -72 -8, and for other municipal purposes, and to condemn the fee simple title to the aforesaid parcel or tract 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 final conclusion and to obtain possession and title to said property for use in the Airline Road - South Padre Island Drive to Williams Drive Project, No. 220 -72 -8, 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, -2- and the Mayor having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED,this the'') 41 day of July, 1976. ATTEST: City Secretary MAYOR el THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: DAY OF' J. BRUCE A"Y�CO`CK, CITY ATTORNEY By Assistant City Attorney CORPUS CHRIS"' 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. RESPECTFULLYp _ MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY llg/ FOLLOWING VOTE: JASON LUBY 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 BOB GULLEY dulp GABE LOZANO, SR. EDWARD L. SAMPLE