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HomeMy WebLinkAbout14303 ORD - 05/10/1978JKn:o- 1U- /d; ISt a AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A UTILITY AND TEMPORARY CONSTRUCTION EASEMENT FOR 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 3 FOR THE SOUTH STAPLES STREET SANITARY SEWER PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, DUAINE A. DAVIS AND WIFE, ANN DAVIS, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary to condemn for and on behalf of the City of Corpus Christi a certain tract or parcel of land which is more fully described herein, which is needed as a utility easement and a temporary construction easement in connection with the South Staples Street Sanitary Sewer Project; and WHEREAS, the said South Staples Street Sanitary Sewer Project requires the acquisition of a certain utility easement and a temporary construction easement, described as follows: PARCEL 3 Being a 15.0 footwide strip of land for utility easement off of the easterly side of Lot 1, Unit 1, Staples Grove, as shown by map of record in Volume 19, page 94, Map Records, Nueces County, Texas, and including a portion of the tract of land dedicated for street right -of -way by said map of record which has been re- verted to the property owner as excess street right -of -way by City Ordinance Number 12297, and more particularly described by metes and bounds as follows: Beginning at a point in the westerly right -of -way line of South Staples Street, said point being the Southeast corner of said t Lot 1, Unit 1, for the southeast and beginning corner of the tract of land herein described; Thence N. 610 00' 30" W., along the south boundary line of said Lot 1, Unit 1, being also the centerline of a 75.0 foot wide drainage easement conveyed to Nueces County by deed recorded in Volume 766, Page 192, Nueces County, Texas, Deed Records, a distance of 15.0 feet to a point; Thence N. 290 00' E., passing the north boundary line of said drainage easement at 37.5 feet, in all a distance of 125.0 feet to a point in the north boundary line of the tract of land re- verted to the property owner by said City Ordinance Number 12297; Thence S. 610 00' 30" E.,-along the north boundary line said tract of land, a distance of 15 -0 feet to a point in the westerly right- of -?:,a.y line of said South Staples Street as established by the abovementioned City Ordinance Number 12297; .x-100 1LMED, r �UL 0 8 im 14303 I Thence S. 290 00' W., along the westerly right -of -way line o£ said South Staples Street, a distance of 125.0 feet to the place of beginning and containing 1,875.0 square feet, or 0.043 acres, more or less together with a 35.0 foot wide temporary con- struction easement west of and adjacent to the above described utility easement to be used for working room and storage of material and equipment. Said temporary construction easement to be abandoned six (6) months after completion of the project for which this utility easement is required. WHEREAS, the City of Corpus Christi, Texas, has been unable to acquire the aforesaid tract or parcel of land because the City has been unable to agree with the owners as to value; it is, therefore, determined by the City Council that it is necessary that the said tract or parcel of land described above be acquired by the City of Corpus Christi 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 utility easement and temporary construction easement above described, excluding mineral interests, for use by the City for the construction of the South Staples Street Sanitary Sewer Project, within the City limits, and for other municipal uses, and to condemn said utility easement and temporary construction easement, 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 of said property for use as a utility easement and temporary construction easement. 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 the South Staples Street Sanitary Sewer Project, within the City limits, 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 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 /day of May, 1978. ATTEST: Cit_f Secretary APPROVED: _ /DAY OF MAY, 1978: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant CiPltorney MAYOR //, THE Q Y OF C�'RP S CHRISTI, TEXAS Corpus Christi, T as /D day of 19� 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR // THE CITY DF C06 CHRISTI, TEXAS The Charter Rule was suspended by he following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14303 -