The URL can be used to link to this page

Home My WebLink About14873 ORD - 04/25/1979• vmp:3/25/79:1st 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 9 FOR THE OSO WASTEWATER TREATMENT IMPROVEMENTS PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER, GRAFORD ROGERS, JR., TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; AND DECLAR- ING 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. 9 Fieldnotes for a 20 foot wide utility easement out of Lot 14, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41, 42 and 43, Nap Records, Nueces County, Texas: Beginning at a point on the common lot line of Lot 15 and Lot 14, of said Section 19 for the West corner of this tract, from which point the North corner of Villa Flambeau, a map which is recorded in Volume 28, Page 51 of said Nap Records, bears' S. 29° 00' 00" W. 131.42 feet; Thence N. 29° 00' 00" E., along said common boundary line, at 25.00 feet pass the South corner of Airline Subdivision No. 2, a map of which is recorded in Volume 13, Page 18, of said Map Records, at 21+3.26 feet pass the East corner of said Airline Subdivision No. 2, same being the South corner of Airline Subdivision, a map of which is recorded in Volume 12, Page 18, of said Map Records, at 635.46 feet pass the East corner of said Airline Subdivision, in all a distance of 773.10 feet to a point on the Southwest right-of-way line of a 75.00 foot wide drainage ditch for the North corner of this easement; Thence S. 61° 00' 00" E., along said Southwest right-of-way line, 20.00 feet for the East corner of this easement; 1.4873 MICROFILMED "'JUL 0 81990 Thence S. 29° 00' 00" W., 773.10 feet for the South corner of this easement; Thence N. 61° 00' 00" W., 20.00 feet to the point of beginning and con- taining 0.355 acres, more or less. Together with a 10 foot wide temporary construction easement running East of and adjacent to the above described utility easement and ex- tending 15' past the South end of said utility easement. Thence in a Westerly direction to the West boundary line of Lot 14 at a point 15' South of said utility easement as shown on the attached map. Temporary construction easement to be used for working room and storage of materi- als and to be abandoned two (2) years after acquisition of the utility easement: WHEREAS, the necessity for the completion of the Oso Wastewater Treatment Improvements Project and other public purposes, requires the acquisi- tion of the aforesaid parcel of land; and WHEREAS, record title to the aforesaid parcel appears to be in the following: Graford Rogers, Jr.; and WHEREAS, the City of Corpus Christi is unable to arrive at an agree- ment with the said owner and claimant 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 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. -2- 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 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 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 day of April, 1979. ATTEST: ce, Cly Secretary MAYOR THE CITY 0 RPUS CHRISTI, TEXAS APPROVED: QDAY OF APRIL, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By „ �//'' Assistant C1t L'��•rney • Corpus Christi, Texas jr day of / , 19 77 70 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, i RISTI, TEXAS The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample aro The above ordinance was passed by the following vote: .Gabe Lozano, Sr. Bob Gulley David Diaz ai/f% Ruth Gill aV€) Joe Holt (9,(/f) al") ar Tony Juarez, Jr. Edward L. Sample 14873