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Home My WebLink About03696 ORD - 03/17/1954It AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE'IN NUECES COUNTY, TEXAS, FOR THE CONSTRUCTION OF 0. N. STEVENS WATER FILTRATION PLANT AND MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, THE CITY OF CORPUS CHRISTI INTENDS TO ENLARGE AND EXPAND I75 MUNICIPAL WATER SYSTEM BY BUILDING A NEW WATER FILTRATION PLANT TOGETHER WITH THE CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS AND APPURTENANCES THERETO, AND HAS HERETOFORE DEEMED A NECESSITY EXISTS THEREFOR, AND IN ORDER TO DO 50 IT IS NECESSARY THAT CERTAIN REAL PROPERTY BE ACQUIRED BY SAID CITY, A PART OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT NO. 3 FIELD NOTE DESCRIPTION40F C. L. MAYES 51.534 ACRE TRACT-/ ALL THAT CERTAIN TRACT OR PARCEL OF LAND, A PORTION OF THE ORIGINAL GRANT TO GREGORIO FARIAS, STATE ABSTRACT ND. 592 IN NUECES COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 51.6 ACRE TRACT OF LAND CONVEYED BY MRS. MONA C, STEWART, A FEME SOLE TO C. L. MAYES AS DESCRIBED IN THE DEED RECORDS OF NUECES COUNTY, TEXAS IN VOL. 351, PAGE 524. THE TRACT HEREIN CONVEYED IS BOUNDED ON THE NORTH AND NORTHWEST BY THE SHELL OR UP RIVER ROAD; ON THE SOUTHEAST BY THE NORTHWEST BOUNDARIES OF THE CLYDE JENNINGS 29 ACRE TRACT, THE ALBERT L. MAGEE 61.031 ACRE TRACT DF LAND AND THE HELEN DUNN 10 ACRE TRACT; ON THE SOUTHWEST BY HEARN ROAD AND ON THE WEST BY THE W. T. CAPEHEART I ACRE TRACT. THE TRACT HEREIN CONVEYED IS MORE PARTICULARLY DES- CRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF SHELL OR UP RIVER ROAD THE EAST CORNER OF THIS TRACT. THENCE, SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY OF THE CLYDE JENNINGS 29 ACRE TRACT AND SAID LINE EXTENDED TO THE CENTERLINE OF SAID SHELL OR UP RIVER ROAD, THE NORTHWEST BOUNDARY OF THE ALBERT L. MAGEE 61.031 ACRE TRACT AND THE HELEN DUNN 10 ACRE TRACT, SOUTH 3609'07° WEST AT 40.58 FEET PASS A 5/8 INCH IRON ROD AT THE NORTH- WEST CORNER OF THE CLYDE JENNINGS 29 ACRE TRACT ON THE SOUTH BOUNDARY LINE OF THE SHELL OR UP RIVER ROAD, AT 254.58 FEET PASS A ONE INCH IRON PIPE AT THE WEST CORNER OF THE CLYDE JENNINGS 29 ACRE TRACT AND THE NORTH CORNER OF THE ALBERT L. MAGEE 61.031 ACRE TRACT AT 2oo4.78 FEET PASS A 5/8 INCH IRON ROD AT THE NORTH CORNER OF THE HELEN DUNN TRACT; IN ALL 2699.78 FEET TO A 5/8 INCH IRON ROD FOR THE SOUTH CORNER OF THIS TRACT, SAME BEING IN THE NORTHEAST BOUNDARY OF THE MARIAN MCBURNETT TRACT; THENCE, ALONG AND WITH THE NORTHEAST AND NORTH LINE OF THE MARIAN MCBURNETT 99.94 ACRE TRACT, NORTH 55`08'34° WEST 508.33 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT FOR AN ANGLE TO THE LEFT, A CORNER OF THIS TRACT; THENCE, NORTH 83 °59'53 IT WEST 8o4.o8 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT FOR THE SOUTHWEST CORNER OF THIS TRACT, ALSO BEING THE SOUTHEAST CORNER OF THE W. T. CAPEHEART ONE ACRE TRACT; It THENCE, ALONG AND WITH THE EAST BOUNDARY OF SAID W. T. CAPEHEART ONE ACRE TRACT, NORTH II`04125'' WEST 246.32 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AND BEING IN THE CENTER OF OLD SHELL ROAD FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE, NORTHEASTERLY ALONG AND WITH THE CENTER OF OLD SHELL ROAD AS FOLLOWS: THENCE, NORTH 59'20115" EAST 323.89 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AT AN ANGLE POINT IN SAID ROAD; THENCE, NORTH 53 "57'32" EAST 2138.86 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AT AN ANGLE POINT IN SAID ROAD; THENCE, NORTH 80'30'26" EAST 787.22 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AT AN ANGLE POINT IN SAID ROAD; THENCE, NORTH 83'4g'37" EAST 74.17 FEET TO THE PLACE OF BEGINNING AND CONTAINING 53.823 ACRES OF LAND OF WHICH 2.289 ACRES LIES IN OLD SHELL ROAD RIGHT OF WAY, LEAVING 51.534 ACRES OF LAND. WHICH SAID DESCRIPTIONS HAVE HERETOFORE BEEN DESIGNATED A5 TRACTS 3A AND 36, SEPARATELY, AS IS REFLECTED BY THE MINUTES OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI IN REGULAR MEETING OF FEBRUARY 24, 1954. WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN C. L. MAYES AND SUE BAKER MAYES, OF NUNDAY, KNOX COUNTY, TEXAS; THAT SAID CITY HAS HERETOFORE ATTEMPTED TO REACH AN AGREEMENT AS TO THE PRICE AND VALUE OF SAID PROPERTY BETWEEN SAID OWNERS, BUT THAT IT IS IMPOSSIBLE FOR THE CITY OF CORPUS CHRISTI, TEXAS AND SAID OWNERS TO REACH AN AGREEMENT OF PURCHASE; BUT, IT BECOMES EXPEDIENT THAT SAID PROPERTY BE CONDEMNED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR SAID PUBLIC PURPOSE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IN CONFORMITY WITH THE PREMISES, AND IN ACCORDANCE WITH CERTAIN PROVISIONS OF THE CITY CHARTER, THE SAID CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY ORDER THE CONDEMNATION OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: TRACT NO. 3 FIELD NOTE DESCRIPTION OF C. L. MAYES 51.534 ACRE TRACT ALL THAT CERTAIN TRACT OR PARCEL OF LAND, A PORTION OF THE ORIGINAL GRANT TO GREGORIO FARIA5, STATE ABSTRACT No. 592 IN NUECES COUNTY, TEXAS, BEING ALL OF THAT CERTAIN 51.6 ACRE TRACT OF LAND CONVEYED BY MRS. MONA C. STEWART, A FEME SOLE TO C. L. MAYES AS DESCRIBED IN THE DEED RECORDS OF NUECES COUNTY, TEXAS IN VOL. 351, PAGE 524. -2- r THE TRACT HEREIN CONVEYED IS BOUNDED ON THE NORTH AND NORTHWEST BY THE SHELL OR UP RIVER ROAD; ON THE SOUTHEAST BY THE NORTHWEST BOUNDARIES OF THE CLYDE JENNINGS 29 ACRE TRACT, THE ALBERT L. MAGEE 61.031 ACRE TRACT OF LAND AND THE HELEN DUNN 10 ACRE TRACT; ON THE SOUTHWEST BY HEARN ROAD AND ON THE WEST BY THE W. T. CAPEHEART I ACRE TRACT. THE TRACT HEREIN CONVEYED IS MORE PART- ICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF SHELL OR UP RIVER ROAD THE EAST CORNER OF THIS TRACT. THENCE, SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY OF THE CLYDE JENNINGS 29 ACRE TRACT AND SAID LINE EXTENDED TO THE CENTERLINE OF SAID SHELL OR UP RIVER ROAD, THE NORTHWEST BOUNDARY OF THE ALBERT L. MAGEE 61.031 ACRE TRACT AND THE HELEN DUNN 10 ACRE TRACT, SOUTH 36 °0907^ WEST AT 40.58 FEET PASS A 5/8 INCH IRON ROD AT THE NORTH - WEST CORNER OF THE CLYDE JENNINGS 29 ACRE TRACT ON THE SOUTH BOUNDARY LINE OF THE SHELL OR UP RIVER ROAD, AT 254.58 FEET PASS A ONE INCH IRON PIPE AT THE WEST CORNER OF THE CLYDE JENNINGS 29 ACRE TRACT AND THE NORTH CORNER OF THE ALBERT L. MAGEE 61.031 ACRE TRACT AT 2004.78 FEET PASS A 5/8 INCH IRON ROD AT THE NORTH CORNER OF THE HELEN DUNN TRACT;'IN ALL 2699.78 FEET TO A 5/8 INCH IRON ROD FOR THE SOUTH CORNER OF THIS TRACT, SAME BEING IN THE NORTHEAST BOUNDARY OF THE MARIAN MCBURNETT TRACT; THENCE, ALONG AND WITH THE NORTHEAST AND NORTH LINE OF THE MARIAN MCBURNETT 99.94 ACRE TRACT, NORTH 55 °0834" WEST 508.33 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT FOR AN ANGLE TO THE LEFT, A CORNER OF THIS TRACT; THENCE, NORTH 83'59'53" WEST 804.08 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT FOR THE SOUTHWEST CORNER OF THIS TRACT, ALSO BEING THE SOUTH- EAST CORNER OF THE W. T. CAPEHEART ONE ACRE TRACT; THENCE, ALONG AND WITH THE EAST BOUNDARY OF SAID W. T. CAPEHEART ONE ACRE TRACT, NORTH 11 *0425° WEST 246.32 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AND BEING IN THE CENTER OF OLD SHELL ROAD FOR THE NORTHWEST CORNER OF THIS TRACT; THENCE, NORTHEASTERLY ALONG AND WITH THE CENTER OF OLD SHELL ROAD AS FOLLOWS: THENCE, NORTH 59'2015° EAST 323.89 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AT AN ANGLE POINT IN SAID ROAD; THENCE, NORTH 53453'32" EAST 2138.86 FEET TO A 5/8 INCH IR014 ROD BURIED ONE FOOT AT AN ANGLE POINT IN SAID ROAD; THENCE, NORTH 80430'26" EAST 787.22 FEET TO A 5/8 INCH IRON ROD BURIED ONE FOOT AT AN ANGLE POINT IN SAID ROAD; THENCE, NORTH 83 °49'37" EAST 74.17 FEET TO THE PLACE OF BEGINNING AND CONTAINING 53.823 ACRES OF LAND OF WHICH 2.289 ACRES LIES IN OLD SHELL ROAD RIGHT OF WAY, LEAVING 51.534 ACRES OF LAND. AND THE CITY 15 HERE AUTHORIZED AND DIRECTED TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST SAID PROPERTY AND ALL THE PERSONS WHO MIGHT HAVE AN INTEREST THEREIN AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION, WITH THE INTENTION IN MIND OF OBTAINING FEE SIMPLE TITLE IN AND TO SAID PROPERTY FOR THE PURPOSE OF USING THE SAME FOR THE CONSTRUCTION OF A MUNICIPAL WATER FILTRATION PLANT THEREON AND AS A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORPUS CHRISTI, TEXAS. -3- SECTION II. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE OF THE REAL PROPERTY HEREINBEFORE SET OUT SO THAT SAID WATER FILTRATION PLANT MAY BE CONSTRUCTED THEREON AS SOON AS POSSIBLE, CREATES A PUBLIC EMERGENCY AND PUBLIC IMPERATIVE NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE (3) SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE. it IT IS ACCORDINGLY PASSED AND APPROVED, THIS TH DAY OF MARCH, 1954. i MAYO T CITY OF CORPUS CHRISTI, TEXAS ATTEST: �. CITY SECRETARY APPROVED AS LEGAL FORM: r CITY A TOR ,EY CORPUS CHRISTI, TEXAS 7,195 TO THE MEMBERS OF THE CITY COUNCIL R CO PUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING - "DINANCE, 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, HEREBY 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 �� i MAYOR CITY'6F CORP CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY {SING _CLd9 P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE C THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN f ELI-ROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE