HomeMy WebLinkAbout03698 ORD - 03/17/1954AN ORDINANCE
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS
CHRISTI TO CONDEMN CERTAIN REAL ESTATE A N NUECES COUNTY,
TEXAS, FOR THE CONSTRUCTION OF 0. N. STEVENS WATER FIL R TI ON
PLANT AND MORE PART'CULARLY DESCRIBED HEREIN AND DIRECTING
THE CITY ATTORNEY �6 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
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:
TRACT I v�
FIELD NOTE DESCRIPTION OF�THE ALBERT L. MAGEE 61.031 ACRE TRACT/
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, A PART OF THE ALBERT L.
MAGEE 82.5 ACRE TRACT AS SHOWN BY CONVEYANCE FROM THE HEIR5 OF MIRS.
ALICE L. MAGEE TO ALBERT L. MAGEE BY DEED RECORDED IN THE DEED RECORDS
OF NUECES COUNTY, TEXAS IN VOLUME 123 AT PAGE 153, AND BEING SITUATED
IN THE GREGORIO FARIAS GRANT, STATE ABSTRACT ND. 592, IN NUECES COUNTY,
TEXAS, THIS TRACT BLING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD ON THE NORTHWEST LINE OF SAID 82.5
ACRE TRACT, THE MOST WESTERLY CORNER OF THIS TRACT, ALSO BEING THE
NORTH CORNER OF THE HELEN DUNN 10 ACRE TRACT AS SHOWN BY DEED RECORDED
IN VOL. 235 ON PAGES 222 AND 223, FROM WHICH THE WEST CORNER OF SAID
82.5 ACRE TRACT BEARS SOUTH 36"09'07" WEST 250.45 VRS. (695.70 FT.);
THENCE ALONG AND WITH THE NORTHWEST LINE OF SAID 82.5 ACRE TRACT, NORTH
36'09'07" EAST 1749.61 FEET TO A ONE INCH IRON PIPE FOR THE NORTH CORNER
OF THIS TRACT, ALSO BEING THE WEST CORNER OF THE CLYDE JENNINGS 29 ACRE
TRACT;
THENCE SOUTHEASTERLY ALONG THE NORTHEAST BOUNDARY OF THIS TRACT WHICH
IS ALSO THE SOUTHWEST BOUNDARY OF SAID CLYDE JENNINGS 29 ACRE'TRACT,
SOUTH 42`08'00° EAST 1592.69 FEET TO A ONE INCH IRON PIPE FOR THE EAST
CORNER OF THIS TRACT, SAME BEING THE NORTH CORNER OF THE J. H. Ross 35
ACRE TRACT AND A CORNER OF THE CLYDE JENNINGS TRACT;
THENCE SOUTHWESTERLY ALONG THE SOUTHEAST BOUNDARY OF THIS TRACT, ALSO
BEING THE NORTHWEST BOUNDARY OF SAID J. H. Ross 35 ACRE TRACT, SOUTH
34 °37'03° WEST AT 1559.38 FT. PASS A 5/8 INCH IRON ROD, AT 1564.38 FEET,
A 12 INCH HACKBERRY TREE FOR THE SOUTH CORNER OF THIS TRACT, ALSO BEING
THE EA5T CORNER OF THE CHAS. V. BELL .5 ACRE TRACT; AND FROM WHICH A 5/8
INCH IRON ROD BEARS S 34'37'03" W. 5.00 FEET;
THENCE NORTHWESTERLY ALONG AND WITH A SOUTHWEST BOUNDARY OF THIS TRACT,
ALSO BEING THE NORTHEAST BOUNDARY OF THE CHAS. V. BELL 5 ACRE TRACT AND
THE 0. V. JACKSON 6.42 ACRE TRACT, NORTH 55`08'34° WEST 947.63 FEET TO
A 5/8 INCH IRON ROD FOR A CORNER OF THIS TRACT, SAME BEING THE NORTH
CORNER OF SAID 0. V. JACKSON 6.42 ACRE TRACT, AND BEING 28 FT. FROM THE
SOUTHEAST BOUNDARY OF THE HELEN DUNN 10 ACRE TRACT;
mlo tol
THENCE SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY OF SAID 0. V.
JACKSON 6.42 ACRE TRACT, PARALLEL WITH THE SOUTHEAST BOUNDARY OF THE
HELEN DUNN 10 ACRE TRACT, SOUTH 36'09'07" WEST 521.93 FEET TO A 5/8
INCH IRON ROD IN THE CENTER OF HEARN ROAD FOR A SOUTH CORNER OF THIS
TRACT, ALSO BEING THE WEST CORNER OF THE 0. V. JACKSON 6.42 ACRE
TRACT, SAID POINT BEING IN THE SOUTHWEST BOUNDARY OF THE ALBERT L.
MAGEE 82.5 ACRE TRACT;
THENCE NORTHWESTERLY ALONG AND WITH THE CENTER OF SAID HEARN ROAD,
ALSO BEING THE SOUTHWEST BOUNDARY OF SAID ALBERT L. MAGEE 82.5 ACRE
TRACT, NORTH 55 °08,34" WEST 28.00 FEET TO A 5/8 INCH IRON ROD FOR A
WEST CORNER OF THIS TRACT, SAME ALSO BEING THE SOUTH CORNER OF THE
HELEN DUNN 10 ACRE TRACT;
THENCE NORTHEASTERLY ALONG A NORTHWEST BOUNDARY OF THIS TRACT, ALSO
BEING THE SOUTHEAST BOUNDARY OF THE HELEN DUNN 10 ACRE TRACT, NORTH
36 °09'07' EAST 695.70 FEET (250.45 VRS.) TO A 5/8 INCH IRON ROD FOR
A CORNER. OF THIS TRACT, SAME BEING THE EAST CORNER OF THE HELEN DUNN
10 ACRE TRACT;
THENCE NORTHWESTERLY ALONG A SOUTHWEST BOUNDARY OF THIS TRACT, ALSO
BEING THE NORTHEAST BOUNDARY OF THE HELEN DUNN 10 ACRE TRACT, NORTH
55'08'341, WEST 629.19 FEET (225.43 VRS.) TO THE PLACE OF BEGINNING
AND CONTAINING 61.031 ACRES OF LAND AND BEING 61.031 ACRES OF LAND.
WHICH SAID DESCRIPTION HAS HERETOFORE BEEN DESIGNATED AS TRACT 11 AS 15 REFLECTED
BY THE MINUTES OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI IN REGULAR MEETING
FEBRUARY 24, 1954.
WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN AUGUSTA LINN
MAGEE, HUGH MAGEE, DOLPH MAGEE, WILLIAM MAGEE; THAT SAID CITY HAS HERETOFORE ATTEMPT-
ED 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 PRO-
PERTY 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 1
FIELD NOTE DESCRIPTION OF THE ALBERT L. MAGEE 61.031 ACRE TRACT
ALL THAT CERTAIN TRACT OR PARCEL OF LAND, A PART OF THE ALBERT L.
MAGEE 82.5 ACRE TRACT AS SHOWN BY CONVEYANCE FROM THE HEIRS OF MRS.
ALICE L. MAGEE TO ALBERT L. MAGEE BY DEED RECORDED IN THE DEED RECORDS
OF NUECES COUNTY, TEXAS IN VOLUME 12� AT PAGE 153, AND BEING SITUATED
IN THE GREGORIO FARIAS GRANT, STATE ABSTRACT ND. 592, IN NUECES COUNTY,
TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
-2-
BEGINNING AT A 5/8 INCH IRON ROD ON THE NORTHWEST LINE OF SAID 82.5
ACRE TRACT, THE MOST WESTERLY CORNER OF THIS TRACT, ALSO BEING THE
NORTH CORNER OF THE HELEN DUNN 10 ACRE TRACT AS SHOWN BY DEED RECORDED
IN VOL. 235 ON PAGES 222 AND 223, FROM WHICH THE WEST CORNER OF SAID
82.5 ACRE TRACT BEARS SOUTH 36 °09107° WEST 250.45 VRS. (695.70 FT.);
THENCE ALONG AND WITH THE NORTHWEST LINE OF SAID 82.5 ACRE TRACT, NORTH
36 °09107" EAST 1749.61 FEET TO A ONE INCH IRON PIPE FOR THE NORTH CORNER
OF THIS TRACT, ALSO BEING THE WEST CORNER OF THE CLYDE JENNINGS 29 ACRE
TRACT;
THENCE SOUTHEASTERLY ALONG THE NORTHEAST BOUNDARY OF THIS TRACT WHICH
IS ALSO THE SOUTHWEST BOUNDARY OF SAID CLYDE JENNINGS 29 ACRE TRACT,
50UTH 42 08'00" EAST 1592.69 FEET TO A ONE INCH IRON PIPE FOR THE EAST
CORNER OF THIS TRACT, SAME BEING THE NORTH CORNER OF THE J. H. Ross 35
ACRE TRACT AND A CORNER OF THE CLYDE JENNINGS TRACT;
THENCE SOUTHWESTERLY ALONG THE SOUTHEAST BOUNDARY OF THIS TRACT, ALSO
BEING THE NORTHWEST BOUNDARY OF SAID J. H. ROSS 35 ACRE TRACT SOUTH
34'37'03" WEST AT 1559.38FT. PASS A 5/8 INCH IRON ROD, AT 1564.38 FEET,
A 12 INCH HACKBERRY TREE FOR THE SOUTH CORNER OF THIS TRACT, ALSO BEING
THE EAST CORNER OF THE CHAS. V. BELL 5 ACRE TRACT; AND FROM WHICH A 5/8
INCH IRON ROD BEARS S 34'37'03" W. 5.00 FEET;
THENCE NORTHWESTERLY ALONG AND WITH A SOUTHWEST BOUNDARY OF THIS TRACT,
ALSO BEING THE NORTHEAST BOUNDARY OF THE CHAS. V. BELL 5 ACRE TRACT AND
THE 0. V. JACKSON 6.42 ACRE TRACT, NORTH 55 °08134" WEST 947.63 FEET TO
A 5/8 INCH IRON ROD FOR A CORNER OF THIS TRACT, SAME BEING THE NORTH
CORNER OF SAID Q. V. JACKSON 6.42 ACRE TRACT, AND BEING 28 FT. FROM THE
SOUTHEAST BOUNDARY OF THE HELEN DUNN 10 ACRE TRACT;
THENCE SOUTHWESTERLY ALONG THE NORTHWEST BOUNDARY OF SAID 0. V. JACKSON
6.42 ACRE TRACT, PARALLEL WITH THE SOUTHEAST BOUNDARY OF THE HELEN DUNN
10 ACRE TRACT, SOUTH 36'09'07" WEST 521.93 FEET TO A 5/8 INCH IRON ROD
IN THE CENTER OF HEARN ROAD FOR A SOUTH CORNER OF THIS TRACT, ALSO BEING
THE WEST CORNER OF THE 0. V. JACKSON 6.42 ACRE TRACT, SAID POINT BEING
IN THE SOUTHWEST BOUNDARY OF THE ALBERT L. MAGEE 82.5 ACRE TRACT;
THENCE NORTHWESTERLY ALONG AND WITH THE CENTER OF SAID HEARN ROAD, ALSO
BEING THE SOUTHWEST BOUNDARY OF SAID ALBERT L. MAGEE 82.5 ACRE TRACT,
NORTH 55'08'34" WEST 28.00 FEET TO A 5/8 INCH IRON ROD FOR A WEST CORNER
OF THIS TRACT, . SAME ALSO BEING THE SOUTH CORNER OF THE HELEN DUNN IO ACRE
TRACT;
THENCE NORTHEASTERLY ALONG A NORTHWEST BOUNDARY OF THIS TRACT, ALSO BEING
THE SOUTHEAST BOUNDARY OF THE HELEN DUNN 10 ACRE TRACT, NORTH 36'09'07"
EAST 695.70 FEET (250.45 VRS.) TO A 5/8 INCH IRON ROD FOR A CORNER OF
THIS TRACT, SAME BEING THE EAST CORNER OF THE HELEN DUNN 10 ACRE TRACT;
THENCE NORTHWESTERLY ALONG A SOUTHWEST BOUNDARY OF THIS TRACT, ALSO BEING
THE NORTHEAST BOUNDARY OF THE HELEN DUNN 10 ACRE TRACT, NORTH 55 °08'34"
WEST 629.19 FEET (225.43 VRS.) TO THE PLACE OF BEGINNING AND CONTAINING
61.031 ACRES OF LAND.
AND THE CITY IS 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 SUFT 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-HE 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 IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF MARCH, 1954.
1
bG1YOR
(T\U>CITY OF CORPUS CHRISTI, TEXAS
ATTEST I
CITY 5ECRETAqY I
APPROVED AS TO�LEGAL FORM: '
CITY ATTO,NEY
-4-
CORPUS CHRISTI, TEXAS
195
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN
FOR THE REA -SONS SET FORTH IN THE EMERGENCY, CLAUSE OF
THE FOREGOING -ORDINANCE, 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
INTRODUCE -U, 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.
RESPECTF LY,
MAYOR
CITY OF C(O\RP CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLROY KING
P. C. CALLAWAY /
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
A. A. LICHTENSTEIN
ELLR07 KING
P. C. CALLAWAY
JAMES S. NAISMITH _
W. JAMES BRACE