HomeMy WebLinkAbout03697 ORD - 03/17/1954EMB:AC :3/16/54
AN ORDINANCE
k
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDERR—c—ERTM7 AL ESTATE, IN NUECES
COUNTY, TEXAS, FOR THE CONSTRUCTION OF • N. STEVENS
FILTRATION PLAN AND D , IN;
DIREC Y ATTORNEY TO INSTITUTE PROCEEDINGS TO
CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING
AN EI•IERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI INTENDS TO ENLARGE AND EXPAND
ITS 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 SO
IT IS NECESSARY THAT CERTAIN REAL PROPERTY BE ACQUIRED BY SAID CITY, A PART OF
WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
T ?ACT 2A.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, BEING A 29.186
ACRE TRACT OF LAND OUT OF THE GREGORIo FARIAS GRANT,
STATE ABSTRACT NO. 592, IN NUECES COUNTY, TEXAS, BEING
THE SAME LAND CONVEYED BY DEED FROM HENRY E. GOUGER, CON-
SERVATOR OF THE GOUGER NATIONAL BANK OF ROBSTOWN, TEXAS
TO�CLYDE JENNINGSj'/ RECORDED IN THE DEED RECORDS OF NUECES COUNTY,
TEXAS, IN VOL. 211, PAGES 222,223. SAID TRACT IS MORE PAR-
TICULARLY DESCRIBED BY METES ANN BOUNDS AS FOLLOWS:
BEGINNING AT A ONE INCH IRON PIPE, THE '.JEST CORNER OF
THIS TRACT, SAME BEING IN THE SOUTHEAST BOUNDARY OF THE
C. L. MAYES 51.6 ACRE TRACT AT THE NORTH CORNER OF THE
ALBERT L. MAGEE 61.031 ACRE (FORMERLY 82.5 ACRE) TRACT;
THENCE NORTHEASTERLY ALONG AND WITH THE COMMON BOUNDARY
BETWEEN THIS TRACT AND THE SOUTHEAST BOUNDARY OF SAID C. '.
MAYES TRACT, NCRTH 36° 09' 07" EAST 213.89 FEET TO A 5/8 L
INCH IRON ROD IN THE JOUTH BOUNDARY OF THE SHELL OR UP
RIVER ROAD FOR THE NORTHWE5T CORNER OF THIS TRACT;
THENCE EASTERLY, ALONG AND WITH THE SOUTH BOUNDARY OF SAID
SHELL OR UP RIVER ROAD, NORTH 83' 49' 37° EAST, 1119.32
FEET TO A 5/8 INCH IRON ROD FOR THE NORTHEAST CORNER OF
THIS TRACT, SAME BEING LOCATED AT THE INTERSECTION OF
THE SOUTH BOUNDARY OF SAID SHELL OR UP RIVER ROAD AND THE
$ .'EST BOUNDARY OF THE ST. LOUIS, BROWNSVILLE & MEXICO RAIL -
WAY RIGHT OF WAY;
THENCE SOUTHWARD, ALONG AND WITH THE WEST BOUNDARY OF SAID
RAILROAD RIGHT OF WAY, SOUTH 6' 41' 00" EAST 1392.22 FEET
TO A 5/6 INCH IRON ROD FOR A CORNER OF THIS TRACT, SAME
BEING LOCATED AT AN ANGLE POINT IN THE WEST BOUNDARY OF
SAID RAILROAD RIGHT OF WAY;
THENCE, CONTINUING WITH THE WEST BOUNDARY OF THE SAID RAIL-
ROAD RIGHT OF WAY, THE EAST BOUNDARY OF THIS TRACT, SOUTH
3° 03' 30" EAST 339.75 FEET TO A 5/8 INCH IRON ROD FOR THE
SOUTH CORNER OF THIS TRACT, ALSO BEING THE NORTHEAST CORNER
OF THE J. H. Ross 35 ACRE TRACT;
m i
THLI:ICE NORTHWESTERLY ALONG AND WITH THE COMMON BOUNDARY I1� OF
THIS TRACT AND THE J. H. Ross 35 ACRE TRACT, NORTH 540 Y5' OO"
WE5T 429.44 FEET TO A ONE INCH IRON PIPE AT AN ANGLE POINT
IN THE SOUTHWEST BOUNDARY OF THIS TRACT, SAME DEING THE
NORTH CORNER OF THE J. H. Ross 35 ACRE TRACT AND THE EAST
CORNER OF THE ,,LBERT L. MAGEE 61.031 ACRE (FORMERLY 82.5 ACRE)
TRACT;
THENCE NORTHWESTERLY ALONG AND WITH THE COMMON BOUNDARY OF
THIS TRACT AND THE SAID ALBERT L. MAGEE 61.031 ACRE TRACT,
NORTH 42° 08' 00" WEST 1592.69 FEET TO THE PLACE OF BEGINNING
AND CONTAINING 29.186 ACRES OF LAND.
TRACT 2B.
ALL THOSE CERTAIN TRACTS PIECES OR PARCELS OF LAND LYING,
BEING AND SITUATED IN THE COUNTY OF NUECES, STATE OF TEXAS,
AS FOLLOWS:
A TRACT OF LAND ABOUT TWELVE MILES WEST OF THE CITY OF CORPUS
CHRISTI, THE TRACT BEING SOUTH OF WHAT IS KNOWN AS THE SHELL
OR UP RIVER ROAD, AND EAST (E) OF AND ADJACENT TO THE RIGHT
OF WAY OF THE MAIN LINE OF THE ST. LOUIS, BROWNSVILLE AND
MEXICO RAILROAD AND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT All IRON BOLT, DRIVEN SO AS TO STAND ABOUT SIX
INCHES ABOVE GROUND LEVEL IN THE LINE OF THE EAST FENCE OF
THE SAID RAILROAD RIGHT OF WAY, AND ABOUT 698.0 FEET
SOUTHERLY (S'LY) ALONG SAIB RIGHT OF WAY FENCE FROM THE
SOUTHERLY (S.'LY) BOUNDARY OF THE AFORESAID SHELL ROAD, THE
NORTH CORNER OF THIS TRACT;
THENCE SOUTH (S) 55° 17' EAST (E) 1094.3 FEET TO AN IRON
PIPE, ABOUT SIX INCHES HIGH, THE EAST CORNER OF THIS TRACT;
THENCE SOUTH 314° 43' WEST (5. 34° 143' 1d.) 820.4 FEET TO AN
IRON PIPE ABOUT SIX INCHES HIGH, IN THE LINE OF THE OLD FENCE
WHICH IS THE SOUTHWESTERLY (S'',J'LY) BOUNDARY OF THE LAND OF
IRA MAGEE, THE SOUTH (S) CORNER OF THIS TRACT;
THENCE WITH THE FENCE LAST AFORESAID NORTH (N) 55° 17' TEST (W)
425.8 FEET TO A CORNER OF THIS TRACT IN THE LINE OF THE
AFORESAID EAST (E) FENCE OF THE SAID RAILROAD RIGHT OF WAY;
THENCE WITH THE SAID RIGHT OF WAY FENCE, NORTHERLY (NAY) AND
NORTHWESTERLY (N1d'LY) 1060.5 FEET TO THE PLACE OF BEGINNING,
CONTAINING FOURTEEN ACRES OF LAND AS SURVEYED BY FRENCH AND
BROWN, SURVEYORS, ON JULY 29, 1936, AND BEING THE SAME PROPERTY
CONVEYED TO CLYDE JENNINGS BY IRA D. MAGEE AND WIFE, ROSA MAGEE
BY DEED DATED JULY 10, 1936, RECORDED IN VOL. 220 PAGE 5214 OF
THE NUECES COUNTY DEED RECORDS; BEING FOURTEEN (1�1) ACRES MORE
OR LESS.
THE ABOVE CALLS AND DESCRIPTIONS ON SAID TfZACT 28 BEING TAKEN
FROM PRIOR SURVEYS, SUBJECT TO VERIFICATION OR CORRECTION BY
A NEW AND INDEPENDENT SURVEY, WHICH 15 NOW IN PROGRESS,
WHICH SAID DESCRIPTIONS HAVE HERETOFORE BEEN DESIGNATED AS TRACTS 2A AND 2B,
AS IS REFLECTED BY THE MINUTES OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
IN REGULAR MEETING FEBRUARY 214, 1954.
—2—
WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN CLYDE
JENNINGS AND ZELDA JENNINGS; 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 114 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 2A.
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, BEING A 29.186
ACRE TRACT OF LAND OUT OF THE GREGORIO FARIAS GRANT,
STATE ABSTRACT NO. 592, IN NUECES COUNTY, TEXAS, BEING
THE SAME LAND CONVEYED BY DEED FROM HENRY E. GOUGER, CON-
SERVATOR OF THE GOUGER NATIONAL BANK OF ROBSTOWN, TEXAS
TO CLYDE JENNINGS, RECORDED IN THE DEED RECORDS OF NUECES
COUNTY, TEXAS IN VOL. 211, PAGES 222,223. SAID TRACT IS
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A ONE INCH IRON PIPE, THE WEST CORNER OF THIS
TRACT, SAME BEING IN THE SOUTHEAST BOUNDARY OF THE C. L.
HAYES 51.6 ACRE TRACT AT THE NORTH CORNER OF THE ALBERT L.
AiAGEE 61.031 ACRE (FORMERLY 52.5 ACRE) TRACT;
THENCE NORTHEASTERLY ALONG AND WITH THE COMMON BOUNDARY
BETWEEN THIS TRACT AND THE SOUTHEAST BOUNDARY OF SAID C. L.
MAYES TRACT, NORTH 36° 09, 07" EAST 213.89 FEET TO A 5/5 INCH IRON
ROD IN THE SOUTH BOUNDARY OF THE SHELL OR UP RIVER ROAD FOR
THE NORTHWEST CORNER OF THIS TRACT;
THENCE EASTERLY, ALONG AND WITH THE SOUTH BOUNDARY OF SAID
SHELL OR UP RIVER ROAD, NORTH 536 491 37H EAST, 1119.32 FEET
TO A 5/5 INCH IRON ROD FOR THE NORTHEAST CORNER OF THIS TRACT,
SAME BEING LOCATED AT THE INTERSECTION OF THE SOUTH BOUNDARY
OF SAID SHELL OR UP RIVER ROAD AND THE WEST BOUNDARY OF THE
ST. LOUIS, BROWNSVILLE & i'IEXICO RAILWAY RIGHT OF WAY;
THENCE SOUTHWARD, ALONG ARID WITH THE WEST BOUNDARY OF SAID
RAILROAD RIGHT OF WAY, SOUTH 60 411 00" EAST 1392.22 FEET
TO A 5/8 INCH IRON ROD FOR A CORNER OF THIS TRACT, SAME
BEING LOCATED AT AN ANGLE POINT IN THE WEST BOUNDARY OF
SAID RAILROAD RIGHT OF WAY;
THENCE, CONTINUING WITH THE WEST BOUNDARY OF THE SAID RAIL-
ROAD RIGHT OF WAY, THE EAST BOUNDARY OF THIS TRACT, SOUTH
3° 03' 30^ EAST 339.75 FEET TO A 5/5 INCH IRON ROD FOR THE
SOUTH CORNER OF THIS TRACT, ALSO BEING THE NORTHEAST CORNER
OF THE J. H. ROSS 35 ACRE TRACT;
-3-
THENCE NORTHWESTERLY ALONG AND WITH THE COMMON BOUNDARY
OF THIS TRACT AND THE J. H. 8055 35 ACRE TRACT, NORTH
54° 451 00" WEST 429.44 FEET TO A ONE INCH IRON PIPE
AT AN ANGLE POINT IN THE SOUTHWEST BOUNDARY OF THIS
TRACT, SAME BEING THE NORTH CORNER OF THE J. H. ROSS 35
ACRE TRACT AND THE EAST CORNER OF THE ''LBERT L. MAGEE
61.031 ACRE (FORMERLY 82.5 ACRE) TRACT;
THENCE NORTHWESTERLY ALONG AND WITH THE COMMON BOUNDARY
OF THIS TRACT AND THE SAID ALBERT L. MAGEE 61.031 ACRE
TRACT, NORTH 42° 081 00" WEST 15 22.69 FEET TO THE PLACE
OF BEGINNING AND CONTAINING 29.100 ACRES OF LAND.
TRACT 2B.
ALL THOSE CERTAIN TRACTS, PIECES OR PARCELS OF LAND LYING,
BEING AND SITUATED IN THE NUECES COUNTY, TEXAS, AS FOLLOWS:
A TRACT OF LAND ABOUT TWELVE MILES WEST OF THE CITY OF
CORPUS CHRISTI, THE TRACT BEING SOUTH OF WHAT IS KNOWN AS
THE SHELL OR UP RIVER ROAD, AND EAST (E) OF AND ADJACENT
TO THE RIGHT OF WAY OF THE MAIN LINE OF THE ST. LOUIS,
BROWNSVILLE AND MEXICO RAILROAD AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT AN IRON BOLT, DRIVEN SO AS TO STAND ABOUT
SIX INCHES ABOVE GROUND LEVEL IN THE LINE OF THE EAST
FENCE OF THE SAID RAILROAD RIGHT OF WAY, AND ABOUT 698.0
FEET SOUTHERLY (S'LY) ALONG SAID RIGHT OF WAY FENCE FROM
THE SOUTHERLY (S.'LY) BOUNDARY OF THE AFORESAID SHELL ROAD,
THE NORTH CORNER OF THIS TRACT;
THENCE SOUTH (s) 55° 17' EAST (E) 1094.3 FEET TO AN IRON
PIPE, ABOUT SIX INCHES HIGH, THE EAST CORNER OF THIS TRACT;
THENCE SOUTH 34° 431 WEST (s. 34° 43' w.) 820.4 FEET TO AN
IRON PIPE ABOUT SIX INCHES HIGH,.IN THE LINE OF THE OLD
FENCE WHICH IS THE SOUTHWESTERLY (SW'LY) BOUNDARY OF THE
LAND OF IRA MAGEE, THE SOUTH (S) CORNER OF THIS TRACT;
THENCE WITH THE FENCE LAST AFORESAID NORTH (N) 55° 17"
':JEST (god) 425.8 FEET TO A CORNER OF THIS TRACT IN THE LINE
OF THE AFORESAID EAST (E) FENCE OF THE SAID RAILROAD RIGHT
OF WAY;
THENCE WITH THE SAID RIGHT OF WAY FENCE, NORTHERLY (N.'LY)
AND NORTHWESTERLY (N•,PLY) 1060.5 FEET TO THE PLACE OF
BEGINNING, CONTAINING FOURTEEN ACRES OF LAND AS SURVEYED
BY FRENCH AND BROWN, SURVEYORS, ON JULY 29, 1936, AND BEING
THE SAME PROPERTY CONVEYED TO CLYDE JENNINGS BY IRA D. MAGEE
AND WIFE, ROSA MAGEE BY DEED DATED JULY 10, 1936, RECORDED
IN VOL. 220, PAGE 524 OF THE NUECES COUNTY DEED RECORDS;
BEING FOURTEEN (14) ACRES MORE OR LESS.
THE ABOVE CALLS AND DESCRIPTIONS ON SAID TRACT 2B BEING
TAKEN FROM PRIOR SURVEYS, SUBJECT TO VERIFICATION OR
CORRECTION BY A NEW AND INDEPENDENT SURVEY, WHICH 1S NOW
IN PROGRESS,
AND THE CITY IS HLL'RE AUTHORIZED AND DIRECTED TO INSTITUTE CONDEMNATION PRO-
CEEDINGS 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
—4—
PURPOSE OF USING THE SAME FOR THE CONSTRUCTION OF A MUNICIPAL WATER FILTRATION
PLANT THEREON AND AS A PART OF THE WATERWORKS SYSTEM OF THE CITY OF CORPUS
CHRISTI T` -XAS.
SECTION 2. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY
FOR THE CITY TO GAIN POSSESSION AND TITLE OF THE REAL PROPERTY HEREINBEFORE SET
OUT 50 THAT SAID WATER FILTRATION PLANT MAY BE CONSTRUCTED THEREON AS SOON AS
POSSIBLE, CREATES AN IMPERATIVE PUBLIC 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 SEVERAL MEETINGS OF THE CITY COUNCIL; AND THE MAYORy HAVING
DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS 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 IS ACCORDINGLY PASSED AND APPROVED
THIS THE DAY OF MARCH, 1954. ;�? ///l
THE fart' OF CORPUS CHRISTI, TEXAS
ATTEST-
CITY-SECRETARY
� f
APPROVED AS T LEGAL FORM:
CITY ATT NEY
CORPUS CHRISTI, TEXAS
,195
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING -ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY
EXIST FOR THE SUSPEN31ON OF THE CHARTER RULE OR REQUIREMENT THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 18
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 INTRODUCED1 OR AT THE PRESENT
MEETING OF- THE CITY COUNCIL.
RESPECTFULLY,
MAYOR COR CITY OF t US CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P, C. CALLAWAY
JAMES S. NAISMITH
77 W. JAMES BRACE
THE ABOVE ORDINANCE WAS PA35ED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE