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HomeMy WebLinkAbout029515 RES - 06/12/2012Resolution determining the necessity to acquire easement .rights.for---piroperty referred-.to_herein-as_Parcei...1.-.located-in-the.---- area adjacent to State Highway 44, as described in Exhibit "A" and delineated in Exhibit "B," attached hereto and incorporated herein, authorizing the filing of eminent domain proceedings for the CCIA Runway Extension 1 Displacement Project for 7.80 acres for an Avigation Easement; being a portion of Tract 4 of the V.M. Donigan Partition recorded in Volume 501, page 228, Deed Records of Nueces County, Texas, in Corpus Christi, Texas. The owner of the needed property interests is Anna Spohn. Welch Marsh. The property is located on State Highway 44 across from the Corpus Christi International Airport, In Corpus Christi, Nueces County, Texas. WHEREAS, the City Council of the City of Corpus Christi has found that public necessity requires the City of Corpus Christi to acquire certain real property interests for public purposes as set out below; and WHEREAS, the City of Corpus Christi has attempted to purchase those needed real property interests but has been unable to agree with the owners on the value of the property interest, or the damages, if any; WHEREAS, the in accordance with the Texas Property Code, the City has provided the landowners with a copy of the Landowner's Silt of Rights; WHEREAS, in accordance with state law, the City has obtained a written appraisal from a certified appraiser of the value of the property being acquired and damages, if any, to the remainder; WHEREAS, the City has waited thirty (30) days from the date of the initial offer, delivered a copy of the certified appraisal, and made a final offer to the landowners and has included in the final offer an amount at least as much, or greater than the certified appraisal; WHEREAS, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of a present quorum of the City Council, determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That the City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public necessity exists for the welfare of the City and its citizens and it resolution for marsh.doc - Parcel 1 112951.5 INDEXED is In the public interest to acquire the tract of land, as described in Exhibit "A" arid delineated --in- Exhibit "B.,". attached hereto -and incorporated herein,-within--the---City 'of Corpus. C h tti,-Nueces- Cauniy,TTexas; arsuch- publit-use; tial sushi --acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its Corpus Christ International Airport including but not limited to runway extension, related apparatus, and other facilities related .to avigation purposes to accommodate and make operable the runway extension. That the legal descriptions of said property is attached hereto as Exhibit "A" and delineated in Exhibit "B," all being made a part hereof for all purposes. Section 2. That the City Attorney, or other authorized designee, is hereby authorized and directed to file, or cause to be filed, a suit in eminent domain on behalf of the City of Corpus Christi against the owners now having, or who may acquire, an interest in the real property interests necessary to the City, described and located below, for the public purposes set out below, and to take whatever other action may be deemed appropriate to effect the necessary acquisitions. Section 3. The City Attorney, or other authorized designee, shall file eminent domain proceedings for: Owner: Arora Spohn Welch Marsh Project: Public Purpose: The CCIA Runway Extension 1 Displacement Project #E11046 will provide for the construction and extension of Runway 17 by 600 feet to the north toward State Highway 44. The proposed runway extension will require an Avigation Easement located on the North side of State Highway 44 extending northward approximately 1120 feet. The permanent Avigation Easement is described in the attached Exhibits "A" and "B" and needed for the unobstructed use and passage of all types of aircraft (as hereinafter defined), in and through the airspace above Grantors' property above an imaginary plane rising and extending in a generally northerly direction over Grantors' property, said imaginary plane following the Above Ground Level (AGL) contours shown on the plat in attached Exhibit "B". Location: State Highway 44 across from CCIA Corpus Christ, Texas 78406 resolution for marsh.doc - Parcel.1 Property: - ------Described-in-the attached -and incorporated-- .- - ...._.�.__ Exhibits -A- and -B ---- A. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. • Section 5. The owners or parties claiming interest in said property are depicted on Exhibit "A". Section 6. The Recitals are incorporated for all purposes as if they were fully recited herein. Section 7. This Resolution shall take effect immediately from and after its adoption and - it is so resolved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe A•ame City Secretary Mayor resolution for marsh.doc - Parcel 1 Corpus Clirist1,-fixs r-Liel— of »/tio , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott resolution for marsh.doc - Parcel 1 029515 LNI/o 801 Navigation. Blvcid, Suite 2000 ()rpm; r s , exas 74408 pARCEL NO. 1 Fteld.Vole Description for a7.80.acre tract.of land ealiesi Parce L�dtfthe Mars b Ana Sp_ohn 91.6. -•acre iraci bfland,. ontafilte.V..0, PrOnigan.:Plat•tetorclea in, V9144IetRap:493418-00114iidguA ap attached to Partition Deed aitiftj, V-oltuire 501, Page 28. DeReeordS of Nueces County, T.Oas,..Sttid 7.0 ;acre treetof Jana .being more particuariydenr!b yrn'eteS4nd-boands aa foitow.r. i:nhig ate:pint:in the north right prilitiY line ate Texas MextcanliiIroadialang Statellighway 1,40, .44 ilte.acattitivekt conier:61.1t 9.1.10.1ere tract of land inihe-narneof Ian Paul Itooteri,. the southeastvorner 0 said 91,3t sere tra O. for the. seutheaSt:end b egirtning. °miler !of the:tracherein described-, Thence South .88°45'f-43" •Wesi, With -the north tigli .of way ling O'f said fe,xes. Ivlexioan .Raiirmi; a disiante of 1.39 feet t o sp.oint forthe southwest :comet ilIthetrael herein desi,:iriifed; Thnnee,NArth Vest, a -*Mice et 1M4.36 feetiL01 point fair' the frorth*.Ortornet of the herein,,deseribet Then0. Mirth 88°..0460.East, ,a distance of1.92:08 feet. to a pdiht ih 'the 'west line ot said 94.S6. nom liel6tollc *WAY, for the mrtiieest torn et.otihe .trea-hertiii described; Thence Smith PIP.-4/P-41"tast, *lib tie Weetlino. of said.1143cientract �f land, a disttittet Of .1,141,64 Teo to the ..Pointafteginning, dotitaligng plott.or .is 357.3Sqire. HO T:$0 aetes ottaitd.. State OfTextii .00011ty. n0041008 titiraclo.Dliveirs, a Registered .Proptessional Land." Surveyor 1.NV, Inc., hereby .certifY that the •foreg6ing frelCnote. rtMoription.mos.prepared from a: survey macie,on tkevaind under illy direction, and tat. fhts descilptibn..confonns tothe current Texas Snrifeyors Association Standards and gpecilleation5 for. Category 17A,Land Title Surrey. This the /Cirday 0f .4444,40A 2.012. :Roma!) Oliveira. State of Texas.License No. 1415 Exhibit A" ' D 9 -111 vim:©orvlGigN. .... _.•• VOL.1 PG. -49 M.R.N.C,T. • 141 3�c A�cpt 551 g4' 0. •[ Sz .IL !Q! Ix D IA f7� z m 0 ROW N 88'3996` E 392.08' 50' AOL 45' AOL ROW 11 84'33'07' E 1244.22' 35443" W 213.39' 015 ----- ROW ROW $' AOL STATE HIGHWAY 44 (AGNES ST) Exhibit "B" ROW Parcel 1 xa