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Home My WebLink About13577 ORD - 01/19/1977JKH:hb:1/18/77 � f \ 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 PARCELS 7 -A AND 7 -B, FOR THE KOSTORYZ ROAD - PADRE ISLAND DRIVE TO HOLLY ROAD STREET IMPROVEMENT PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER, GULF REAL ESTATE INCORPORATED, 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, certain parcels or tracts of land described as follows: _• 'PARCEL 7 -A Being an irregularly shaped tract of land out of Lot 1, Block 1, BOULEVARD PLACE, as shown by map of record in Volume 13, Page 27, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at the most northerly corner of said Lot 1, that being the point of intersection of the easterly right -of -way line of 80 foot wide Kostory2 Road and the southerly right -of -way line of South Padre Island Drive, for the beginning corner of the tract of land herein described; Thence S. 610 29' 15" E., along the southerly right -of -way line of said Padre Island Drive a distance of 21.41 feet to a point for the P.C. of a curve; Thence in a southwesterly direction along the are of a circular curve to c ° radius 10.0 feet tangent the left whose central angle is 89 30' 45'x, � 9.91 feet, a distance of 15.62 feet to the point of tangency; Thence S. 29° 00' W., a distance of 115.09 feet to a point in the northerly boundary line of a tract of land conveyed by J. A. Kosar to C. A. Richter by Deed, recorded in Volume 756, Page 138, Deed Records, Nueces County, Texas; MICROFILMtiD 13577 JUL 011980• .. Thence N. 610 30' w., along the northerly boundary line of said tract, a distance of 11.50 feet to a point on the easterly right -of -way line of said Kostoryz Road. Thence N. 290 00' E., along the easterly right -of -way line of said Kostoryz Road, a distance of 325.0 feet to the place of beginning and containing 1,458.54 square feet, more or less. PARCEL 7 -B Being an irregularly shaped tract of land out of Lot 1, Block 1, Boulevard Place as shown by map of record in Volume 13, Page 27, Map Records, Nueces County, Texas, and being out of that portion of said Lot 1 conveyed by J. A. Kosar to C. A. Richter by deed recorded in Volume 756, Page 138, Deed Records, Nueces County, Texas, and a por- tion of 50 foot wide Tweet Street, said Tweet Street being closed by City Ordinance Number 12352, dated November 6, 1974, and reverting one -half of said street to the abutting property owners, said tract being more particularly described by metes and bounds as follows: Beginning at the point of intersection of the easterly right -of -way line of the present 80 foot wide Kostoryz Road and the centerline of said Tweet Street as shown by the abovementioned map of record for the southwest and beginning corner of the tract of land herein described; Thence N. 290 00' E., along the easterly right -of -way line of said Kostoryz Road, passing the southwest corner of said Lot 1, Block 1 at 25.0 feet, in all a distance of 125.55 feet to a point; Thence S. 610 30' E., a distance of 11.50 feet to a point; Thence S. 290 00' W., along a line that is 11.50 feet east of and parallel to the easterly right -of -way line of said Kostoryz Road, a distance of 85.05 feet to a point; -2- Thence S. 320 45' 35" W., passing the south boundary line of said Lot 1, Block 1 at 15.53 feet, in all a distance of 40.58 to a point in the center- line of the now closed Tweet Street; Thence N. 610 30' W., along the centerline of said Tweet Street, a dis- tance of 8.83 feet to the place of beginning and containing 1,390.33 square feet, more or less. WHEREAS, the said Kostoryz Road - Padre Island Drive to Holly Road Street Improvement Project, requires the acquisition of fee simple title in and to the aforesaid parcels or tracts of land; and WHEREAS, record title of the aforesaid parcels appear to be in the following: Gulf Real Estate Incorporated; and WHEREAS, the City of Corpus Christi, Texas, is unable to arrive at an agreement with the said owners wad claimants as to the price and value of said lots or parcels of land and damages for the taking thereof by the City; it is, therefore, determined by the City Council that it is necessary that the said lots or parcels of land described be acquired in fee•title through the exercise of the City's power of eminent domain for said public purpose: r 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 fee simple title of the above r described land and premises, excluding mineral interest for use by the City for the Kostoryz Road - Padre Island Drive to Holly Road Street Improvement Project, and for other municipal purposes, within the City limits, and to condemn the fee title to the aforesaid parcel or tract of land, excluding mineral interest. SECTION 2. The City Attorney of the City of Corpus Christi is hereby authorized and directed to institute proceedings against the said -3- 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 Kostoryz Road - Padre Island Drive to Holly Road Street Improvement Project and for other municipal purposes. SECTION 3. The public importance and necessity for the City to gain immediate possession and title to the aforesaid tract or parcel of land hereinabove described for the Kostoryz Road - Padre Island Drive to Holly Road Street Improvement Project and for other municipal purposes, with- in the City limits as above 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, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 9 day of January, 1977. ATTEST: C Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ADAY OF JANUARY, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City ttorney . CORPUS CHRISTI T XAS Ate/ I' AY OF D 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 13 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 (2- - ""_ '� �__ , /_ , MAYOR THE CITY OF CORPUS CHRISTI, AS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JA30N LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL .C.i BOB GULLEY GABE LOZANOj SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T E FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE I