HomeMy WebLinkAbout14724 ORD - 01/17/1979jkh:1-16-79;1st
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI, ACTING ON BEHALF OF THE STATE OF TEXAS,
TO CONDEMN A RIGHT-OF-WAY 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 CONDEMNA-
TION BEING NECESSARY FOR THE ACQUISITION OF PARCEL 14
FOR THE McKINZIE ROAD IMPROVEMENTS PROJECT; DIRECTING
THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AGAINST THE RECORD OWNERS, PETER AND OBDULIA ROLDAN
SIRACUSA, TO CARRY OUT THE I TENTIONS OF THE ORDINANCE;
AND DECLARING AN EMERGENCY.
WHEREAS, it is necessary to
of Texas, a certain parcel or tract of
PARCEL
cquire, for and on behalf of the State
land described as follows:
14
All that certain strip or pa
the construction of FM 3386
of land described in Volume
Records of Nueces County, Te
out of A, B & M, Survey No.
of land being more clearly d
Beginning at a point in the
et ux tract, also being the
Hoelscher tract and being in
line of FM 3386; from said
Station 79+65.3 bears N. 89 -
southwest corner of the Pete
S. 89-13-03 W, 2614.98 feet;
Thence N. 0-46-57 W, a dista
line 60.00 feet west of and
centerline of FM 3386 to a p
the Peter Siracusa, et ux tr
Thence N. 89-13-03 E, a dist
north line of the Peter Sira
in the proposed centerline o
Thence S. 0-46-57 E, a dista
proposed centerline FM 3386
of the Peter Siracusa, et ux
Thence S. 89-13-03 W., a dis
south line of the Peter Sira
of beginning.
Said strip or parcel of land
more or less, of which 0.909
the limits of a city street
is not intended to be a part
cel of land required for
ff the east side of a tract
581, page 343 of the Deed
as, said tract of land being
09, Abstract 555, said strip
scribed as follows:
outh line of the Peter Siracusa,
orth line of the Edwin Bernard
the proposed west right of way
oint Engineer's centerline
3-03 E, 60.00 feet and the
Siracusa, et ux tract bears
ce of 1320.59 feet along a
arallel to the proposed
int in the north line of
ct;
nce of 60.00 feet along the
usa, et ux tract to a point
FM 3386;
ce of 1320.59 feet along the
o a point in the south line
tract;
ance of 60.00 feet along the
usa, et ux tract to the point
contains 1.818 acres of land,
acre, more or less, is within
nown as McKinzie Road, which
of this conveyance.
WHEREAS, the necessity for t e completion of the McKinzie Road
improvements and other public purposes, requires the acquisition of the
aforesaid parcel of land; and
1472'
•
MICROFILMED
'JUL 081:I
• •
WHEREAS, record title to the aforesaid parcel appears to be in the
following:
Peter Siracusa and wife, Obdulia Roldan Siracusa; and
WHEREAS, the City of Corpus Christi, acting for and on behalf of
the State of 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 property be acquired by the City
of Corpus Christi through the exercise of its police 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 in order to acquire the aforesaid parcel of land and premises, excluding
mineral interests, for use by the State for the McKinzie Road Improvement
Project, and for other public purposes, and to condemn the fee simple title
to the aforesaid parcelor 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 its final conclusion and to
obtain possession and title to said easement for use in the McKinzie Road
Improvement Project, and for other public purposes.
SECTION 3. The public importance and necessity for the State
to gain immediate possession and title of the aforesaid parcel or tract of
land hereinabove described for the McKinzie Road Improvement Project and
for other public purposes, as hereinabove described and provided, creates
a public emergency and an imperative public necessity requiring the suspen-
sion 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
after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /7 day of
January, 1979.
ATTEST:
C iySe� ry
APPROVED:
17th DAY OF JANUARY, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
A ' ant City ttorney
MAYOR
THE CITY OF CHRISTI, TEXAS
•
Corpus Christi, T
/7 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 OF CORP_ CHRISTI, TEXAS
. The Charter rule was suspended by he following vote:
Gabe Lozano, Sr. ,
Bob Gulley
David Diaz 1
Ruth Gill
Joe Holt /
Tony Juarez, Jr. Or..,
Edward L. Sample F
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
14724
by e following vote:
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