HomeMy WebLinkAbout022949 RES - 06/10/1997A RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN A PERMANENT FIVE FOOT UTILITY EASEMENT
CONTAINING 575 SQUARE FEET OUT OF THE EASTERLY SIDE OF
LOT 24, BLOCK 1, DEL MAR ADDITION ALONG WITH A 15 FOOT
TEMPORARY CONSTRUCTION EASEMENT ADJACENT TO AND WEST
OF THE PERMANENT UTILITY EASEMENT FOR THE DEL MAR
UTILITY RELOCATION PROJECT, PHASE I AND TO ACQUIRE THE
EASEMENT IN, OVER, UPON, AND ACROSS SUCH PROPERTY FROM
THE OWNERS, STEPHEN D. EMERSON AND WIFE, DEBRA J.
EMERSON.
WHEREAS, it is necessary to acquire, for and on behalf of the City, a certain utility
easement in, over, upon, and across the easterly side of Lot 24, Block 1, Del Mar Addition, more
fully described in Exhibit A, to service property owners in such Addition along with a temporary
construction easement west of such permanent easement for installation of utilities;
WHEREAS, the Del Mar Utility Relocation Project, Phase I requires acquisition of a
permanent five foot utility easement containing 575 square feet and a 15 foot temporary construction
easement adjacent to and west of the permanent utility easement from the Owners, Stephen D.
Emerson and Wife, Debra J. Emerson;
WHEREAS, the City has made an offer to purchase the utility easement and temporary
construction easement for the sum of $5,003.00 based on the fair market value established by an
independent appraiser; and pursuant to Law have provided the owners with appraisal reports;
WHEREAS, the Owners have been unable to agree with the City on the fair market value
of the utility easement and construction easement and further negotiations for settlement have
become futile; and
WHEREAS, condemnation has become necessary in order to acquire the utility easement,
save and except oil and gas rights, with no rights of exploration, and to acquire the 15 foot temporary
construction easement adjacent to and west along the permanent utility easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the City of Corpus Christi has transmitted a bona fide offer, including
appraisal reports, to the Owners of the utility easement and the 15 foot temporary construction
easement and the Owners and the City of Corpus Christi have negotiated and cannot agree on the
value of the utility easement and temporary easement and further settlement negotiations are futile.
SECTION 2. That public necessity requires acquisition of the utility easement, a metes and
bounds description of which is attached hereto and incorporated herein as Exhibit A, save and except
97NH0900.201
MIRUEILMEL
2
oil and gas rights, with no rights of exploration and requires acquisition of a 15 foot temporary
construction easement adjacent to and west of the permanent utility easement.
SECTION 3. That the public necessity and convenience require condemnation of the utility
easement temporary construction easement, in order to acquire them for improvements therein, and
for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to institute
condemnation proceedings against Stephen D. Emerson and wife, Debra J. Emerson, Owners of the
utility easement and land adjacent, and against all other owners, lienholders, and other holders of an
interest in the utility easement, to acquire the utility easement, save and except the oil and gas rights
with no right of exploration; which parcel is located in Nueces County, Texas and more fully
described on Exhibit A which is attached hereto and made a part hereof for all purposes, and to
acquire a 15 foot temporary construction easement adjacent to and west of the permanent utility
easement described on Exhibit A.
SECTION 5. That this resolution shall take effect immediately from and after its passage.
ATTEST:
City Secretary
MAYOR
APPROVED THIS THE 22ND DAY OF MAY, 1997.
JAMES R. BRAY JR., CITY ATTORNEY
By:
J. Hart, Ass's ity Attorney
97N1-10900.201
THE CITY OF CORPUS CHRISTI
3
Corpus Christi, Texas
to I --k
day of CI,LonJ
The above resolution was passed by the following vote:
,19 97
Loyd Neal
Jaime Capelo
Melody Cooper
Alex L. Garcia, Jr.
Arnold Gonzales
Betty Jean Longoria
John Longoria
Edward A. Martin
Dr. David McNichols
97N1I0900.201
51 U.E.
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1011110211
CITY of CORPUS CHRISTI, TEXA
Dartaent of Engineering Services
Screw Division
Date : 0s' 011103
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