HomeMy WebLinkAbout029906 RES - 07/30/20131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS (1) DETE INING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE
ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE
ESTATE, UTILITY EASEMENTS, D TEMPO Y CONSTRUCTION
EASE NTS FOR A STREET I = ' ROVEMENT PROJECT OWN AS THE HOLLY
ROAD STREET IMPROVEMENT PROJECT WHICH IS TO BE GENERALLY
LOCATED FROM GREE OOD DR. TO (SH 286) CROSSTOWN EXPRESSWAY,
BOND 2008; (2) AUTHORIZING THE CITY NAGER OR HIS DESIGNEE TO
NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE
PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED
FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY NAGER TO INSTITUTE
CONDEMNATION BY EMINENT DO ,]N PROCEEDINGS TO ACQUIRE THE FEE
SIMPLE AND EASE NT INTERESTS IN THE PROPERTIES; (4) AUTHORIZING
PAYMENT PURSUANT TO AN AWA BY SPECIAL COMMISSIONERS; (5)
AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL
INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF
PROPERTY TO BE ACQUIRED BY CONDEMNATION THE PARCELS OF LAND
DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL.
WHEREAS, the City of Corpus Christi is in need of various tracts of land, utility
easements, and temporary construction easements described herein for the purposes of street and
related improvements, and,
WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of
Rights, has been or will be provided to the landowners; and
WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, 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 the City Council, (with
no Councilmember objecting to adoption by single resolution for all units of property for which
condemnation proceedings are to be initiated), the City Council has determined to utilize its
constitutional and statutory authority to exercise its authority for eminent domain in accordance
with State law; and,
WHEREAS, the land rights, utility easements, and temporary construction easements
listed in Exhibit "A," are necessary to advance the public uses recited herein; and,
WHEREAS, Texas Gove ent Code Section 2206.053 (f) provides that if a project
for a public use will require a governmental entity to acquire multiple tracts or units of property
to construct facilities connecting one location to another location, the governing body of the
governmental entity may adopt a single ordinance, resolution, or order by record vote that
delegates the authority to initiate condemnation proceedings to the chief administrative official
of the governmental entity; and;
WHEREAS, based on an engineering study, the location of said street and related
improvements optimizes the enhancement and adequacy of municipal streets;
906
INDEXED
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. All of the Recitals are hereby found to be true and correct legislative and
factual findings of the City of Corpus Christi Texas, and they are hereby approved and the
Recitals are incorporated for all purposes as if they were fully recited herein.
Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and
dete ines that a public use and necessity exists for the welfare of the City and its citizens to
construct the Holly Road Street Improvement Project, and it is in the public interest to acquire
the tracts of land, utility easements, and temporary construction easements, as described and
listed in Exhibit "A" and depicted in Exhibit "B," attached hereto and incorporated herein, for
such public use; that such acquisition is solely for the public use and necessity of acquiring this
uniquely situated land for providing improvements to its municipal street system.
Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City
to take all steps necessary to acquire the fee simple and easement interests for the Holly Road
Street Improvement Project, including acceptance and recording of legal documents, all subject
to availability of funds appropriated for such purposes. If such offer and an agreement as to
damages and compensation cannot be reached, then the City Manager is delegated the authority
to direct the City Attorney, or designee, to file or cause to be filed against the owners and
interested parties of the property, proceedings in eminent domain in accordance with State law to
acquire the properties in fee simple and easement interests in the properties. If it is later
dete ined that there are any e •rs 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. The City Manager
or designee is authorized to issue payment pursuant to an award by Special Commissioners in the
condemnation matter.
Section 4. That the City Manager or designee is fully authorized to negotiate and make
final offers, and to execute the contracts and instruments necessary to purchase and acquire all
properties necessary and to pay for said properties provided the amounts paid are within the
Council approved project budgets, all without requiring additional City Council consideration or
approval.
Section 5. That this resolution authorizing condemnation proceedings over the units of
property described and listed in Exhibits A and B, shall be approved by single record vote of the
City Council.
Section 6. That this Resolution shall take effect immediately from and after its passage
and it is so resolved.
PASSED AND APPROVED
CORPUS CHRISTI, TEXAS, this
Y THE ITY COUNCIL OF THE CITY OF
ay of , 2013.
ATTEST:
ando Chapa
City Secretary
Corpus Christi, Texas
f� of U 690 13
C.
The above resolution was passed by the following vote:
THE CI` "Y OF CORPUS CHRISTI
Nelda Martinez
Mayor
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
906
Parcel #
1
2
Exhibit "A"
4
HOLLY ROAD STREET IMPROVEMENT PROJECT
PROJECT NO. 6470
PARCEL OWNERSHIP LIST
Owner
Eagle Leasing, Inc.
5NL Properties, LLC
3
5,5A
6,6A
Jose L. Flores, et al
Phero & Anna, Inc.
South Padre Investment
Inc.
1814 Holly Road Ltd.
Lynna Lynette Simpson
Type of Taking
Fee simple
Fee simple
surface rights
Fee simple
surface rights
Fee simple
surface rights
Legal Description of Parent Tract
Cabaniss Acres, Part of Lot 1, All Lots
2 Thru 4, Block 9
Cabaniss Acres, Less 5 X 150 Ft of
NW Corner of Lot 12, Block 9
Fee simple; U.E.;
& T.C.E
Fee simple; U.E.;
& T.C.E
Fee simple; U.E.;
& T.C.E
Cano Place Unit 1, Lt 1, Block 11
Bohemian Colony Lands, L698 Ac.
out of Lot 8, Section 7
Bohemian Colony Lands, 144.792 Ac,
out of Lots 5 & 6, Section 4
Holly Rd Industrial Tracts, Lot 1,
Block 2
B, BA
9, 9A
James B. Ragan, Atty at
Law
South Padre Investment
Inc.
Fee simple; U.E.;
& T.C.E
Fee simple; U.E.;
& T.C.E
Holly Rd Industrial Tracts, Lot A,
Section 1
Bohemian Colony Lands, 3 Ac. out of
Lot 5, Block 4
Bohemian Colony Lands, 65.18 Ac.
out Lots 3 & 4, Section 4
U.E. = Utility Easement T.C.E. = Temporary Construction Easement
Exhibit "B"
Project Location Map
Holly Road -Greenwood to Crosstown
BOND 2008
CITY COUNCIL IBIT
CITY Of CORPUS CHRIS71, TEX45
DEP DO O EISIG; 4.", SERVICES
PAGE: 1 of 1
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City CouncII Action Date: July 30. 2013
A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public
necessity and public use for the acquisition of parcels of land by fee simple title to the surface
estate, utility easements, and temporary construction easements for a street improvement
project known as the Holly Road Street Improvement Project which is to be generally located
from Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City
Manager or his designee to negotiate and execute all documents necessary to acquire the
property interests subject to availability of funds appropriated for such purposes; (3)
authorizing the City Manager to institute condemnation by eminent domain proceedings to
acquire the fee simple and easement interests in the properties; (4) authorizing payment
pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of
appropriate legal instruments; and (6) approving condemnation for all units of property to be
acquired by condemnation the parcels of and described herein by a single record vote of the
City Council.
Amount Required: $ NONE
Fund
Name
Account
No.
Fund No.
Certification Not Required
Org. No.
Project
No.
Amount
Certified
Amount
Director of Financial Services
Date: -7 - 3 0 -- J 3
Balance