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Home My WebLink About14737 ORD - 01/24/1979jkh:1-24-79;lst • 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 2 FOR THE OSO WASTEWATER TREATMENT IMPROVEMENTS PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, FAY TAYLOR, SAM TAYLOR AND GEORGE KINES TAYLOR, 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, a certain parcel or tract of land described as follows: PARCEL N0. 2 Being a 20.0 foot wide strip of land for utility easement out•of Lot 3, Section 18, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the centerline of McArdle Road which at this point is 40.0 feet wide, said point being the Northwest corner of abovementioned Lot 3; Thence S. 29° 08' 30" W., along the Westerly boundary line of said Lot 3, a distance of 20.0 feet to a point on the Southerly right-of-way line of said McArdle Road for the beginning point of the tract of land herein described; Thence S. 60° 51' 30" E., along the Southerly right-of-way line of said McArdle Road, a distance of 20.0 feet to a point for the Northeast corner of this tract; Thence S. 29° 08' 30" W., along a line that is 20.0 feet East of and parallel to the Westerly boundary line of said Lot 3, a distance of 1,220.0' feet to a point on the Northerly right-of-way line of South Padre Island Drive; MICROFILMED JUL 0 81880 14737 • Thence N. 60° 51' 30" W., along the Northerly right-of-way line of said South Padre Island Drive, a distance of 20.0 feet to a point on .the Westerly boundary line of abovementioned Lot,3; Thence N. 29° 08' 30" E., along the Westerly boundary line of said Lot 3 and the Easterly boundary line of Block 1, Woodlawn Estates, as shown by map of record in Volume 10, Page 34, Map Records, Nueces County, Texas, pass the Northeast corner of paid Block 1, Woodlawn Estates at 1,215.0 feet, in all a distance of 1,220.0 feet to the place of beginning and containing 0.560 acres, more or less. Together with a 10.0 foot wide temporary construction easement adjacent to and parallel to the Easterly boundary line of the above described utility easement to be used for working room and storage of material and equipment during con- struction of this project. Said temporary construction easement shall be termin- ated six (6) months after completion of the project for which the easement is required. WHEREAS, the necessity for the completion of the Oso Wastewater Treatment Improvements Project and other public purposes, requires the acquisition of the aforesaid parcel of land; and WHEREAS, record title to the aforesaid parcel appears to be in the following: Fay Taylor, Sam Taylor and George Kines Taylor; and WHEREAS. the City of Corpus Christi is unable to arrive at an agree- ment 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 instituted in order to acquire the aforesaid parcel of land and premises, -2- • • excluding mineral interests, for use by the City of Corpus Christi for the improvement of the Oso Wastewater Treatment Plant and for other municipal purposes, and to condemn 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 its final conclusion and to obtain possession and title to said easements for use in the Oso Wastewater Treatment Improvements Project, and for other municipal purposes. SECTION 3. The public importance and necessity for the City to gain immediate possession and title of the aforesaid parcel or tract of land hereinabove described for the Oso Wastewater Treatment Improvements Project, and for other public 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 resolu- tion 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 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 ATTEST: day of January, 1979. .4111" le ,40f' iii ecre ary APPROVED: 11,4 DAY OF JANUARY, 1979: J. BRUCE YCOCK CITY ATTORNEY By ' Assistant City rorney MAYOR Pco:T®m THE CITY OF CORPUS CHRISTI, 1EXAS Corpus Christi, day of 19 79 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, F THE CITY OF CORPUS CHRISPK7EXAS The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley 1 , David Diaz 4Ruth Gill ` ., Joe Holt 407, Tony Juarez, Jr. il Edward L. Sample Of MAYOR rlo•�eig The above ordinance was passed by Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample 14737 t e following vote: