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HomeMy WebLinkAbout03702 ORD - 03/24/1954EMB:NP 3 -23 -54 AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY TEXAS, OWNED BY JOHN ATLEE MAGEE AND !WIFE, ALLYNE MAGEE, FOR A FIGHT -OF -WAY PIPE LINE EASEMENT, FOR THE CONSTRUCTION OF 0. N. STEVENS WATER FILTRATION PLANT TOGETHER WITH A PIPE LINE RIGHT -OF -WAY SYSTEM, AND MORE PARTICULARLY DESCRIBED HEREIN AND DIRECTING THE CITY ATTORNEY TO IN- STITUTE 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, INCLUDING PIPE LINE RIGHT -OF -WAYS AND EASEMENTS NECESSARY TO THE OPERATION OF SAID PLANT AND SYSTEM, AND IN ORDER TO DO SO IT IS NECESSARY THAT A RIGHT -OF -WAY EASEMENT OF CERTAIN REAL PROPERTY BE ACQUIRED BY SAID CITY, A PART OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN NUECES COUNTY, TEXAS, OUT OF THE GREGORIA FARIAS GRANT, AND BEING A PART OF THE LANDS SET APART TO IRA MAGEE B1Y, DEED DATED SEPTEMBER 7, 19013 NOW OF RECORD IN VOLUME 94, PAGE 286, DEED RECORDS OF NUECES COUNTY, TEXAS, CONTAINING 6.88 ACRES AND BEING THE SAME PROPERTY CONVEYED BY ALICE LEAH MAGEE BAXTER, J. E. BAXTER, ALTON M. MAGEE, ADA MAGEE MCCOWN, ILA MAGEE NOAKES, NEW NOAKES, JAMES D. MAGEE, NORMA J. MAGEE AND J. H. MCCOWN TO JOHN ATLEE MAGEE, BY DEED DATED JULY 25, 1951, RECORDED IN VOLUME 523, PAGE 217, NUECES COUNTY DEED RECORDS, EXCEPT THE NORTH ONE ACRE THEREOF CONVEYED TO JOE L. STEVENS BY JOHN ATLEE MAGEE AND WIFE, ALYNE MAGEE BY DEED DATED NOVEMBER 25, 1953 RECORDED IN VOLUME 619, PAGE 419, NUECES COUNTY DEED RECORDS. SAID RIGHT -OF -WAY TO BE CONDEMNED ACROSS THE ABOVE DESCRIBED LAND IS LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS: BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF THE ABOVE MENTIONED 6.88 ACRE TRACT, SAID POINT BEARS S 24' 291 W, 715.54 FEET FROM THE NORTHEAST CORNER OF SAID TRACT; THENCE IN A SOUTHWESTERLY DIRECTION A DISTANCE OF 219.6 FEET TO A POINT IN THE WEST BOUNDARY LINE OF THE SAID 6.88 ACRE TRACT, SAID POINT BEARS S 20^ 35, W, 914.51 FEET FROM THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF UP RIVER ROAD WITH THE EASTERLY BOUNDARY LINE OF THE ST. LOUIS BROWNSVILLE AND MEXICAN RAILROAD RIGHT -OF -WAY; SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (401) FEET IN WIDTH HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY (201) FEET ON EITHER SIDE OF SAID CENTER LINE, AND ALSO SHALL INCLUDE AN EASEMENT TO USE LAND EXTENDING AN ADDITIONAL THIRTY -FIVE (351) FEET ON ONE SIDE OF SAID FORTY (401) ^T RIGHT -OF -WAY MAKING A TOTAL OF SEVENTY -FIVE (751) FEET DURING THE 3'1©d_' PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL THIRTY -FIVE (35') FEET TO BE ON THE SIDE DESIGNATED BY THE CITY 'OF- CORPUS CHR,I•ST.I AND TO BE ON THE SAME SIDE OF SAID CENTER LINE ENTIRELY ACROSS SAID TRACT; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID PIPE LINE. WHEREAS, THE RECORD TITLE OF SAID PROPERTY APPEARS TO BE IN JOHN ATLEE MAGEE AND WIFE, ALLYNE MAGEE, OF NUECES COUNTY, TEXAS; THAT SAID CITY HAS HERETO- FORE ATTEMPTED TO REACH AN AGREEMENT AS TO THE PRICE AND VALUE OF SAID RIGHT -OF- WAY AND EASEMENT WITH THE SAID OWNERS' BUT THAT IT IS IMPOSSIBLE FOR THE CITY OF CORPUS CHRISTI, TEXAS, AND SAID OWNERSTO 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 CRDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION I. 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 A RIGHT -OF -WAY AND EASEMENT IN, ACROSS, ON, AND OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND DESCRIBED AS FOLLOWS: ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN NUECES COUNTY, TEXAS, OUT OF THE GREGORIA FARIAS GRANT, AND BEING A PART OF THE LANDS SET APART TO IRA MAGEE BY DEED DATED SEPTEMBER 7, 1901, NOW OF RECORD IN VOLUME 94, PAGE O p 286, DEED RECORDS OF NUECES COUNTY, TEXAS, CONTAINING 6.88 ACRES AND BEING THE SAME PROPERTY CONVEYED BY ALICE LEAH MAGEE BAXTER, J. E. BAXTER, ALTON M. MAGEE, ADA MAGEE MCCOWN, ILA MAGEE NOAKES, NEW NOAKES, JAMES D. MAGEE, NORMA J. MAGEE AND J. H. MCCOWN TO JOHN ATLEE MAGEE, BY DEED DATED JULY 25, 1951, RECORDED IN VOLUME 523, PAGE 217, NUECES COUNTY DEED RECORDS, EXCEPT THE NORTH ONE ACRE THEREOF CONVEYED TO JOE L. STEVENS, BY JOHN ATLEE 'A.GEE AND WIFE, ALYNE MAGEE BY DEED DATED NOVEMBER 25, 1953 RECORDED IN VOLUME 619, PAGE 419, NUECES COUNTY DEED RECORDS. SAID RIGHT -OF -WAY TO BE CONDEMNED ACROSS THE ABOVE DESCRIBED LAND IS LOCATED ON AND ALONG A CENTER LINE EXTENDING ACROSS SAID LAND AS FOLLOWS: BEGINNING AT A POINT IN THE EAST BOUNDARY LINE OF THE ABOVE MENTIONED 6.88 ACRE TRACT, SAID POINT BEARS S 24° 291 W, 715.54 FEET FROM THE NORTHEAST CORNER OF SAID TRACT; THENCE IN A SOUTHWESTERLY DIRECTION A DISTANCE OF 219.6 FEET TO A POINT IN THE WEST BOUNDARY LINE OF THE SAID 6.88 ACRE TRACT, SAID POINT BEARS S 20' 351 W, 914.51 FEET FROM THE INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF UP RIVER ROAD WITH THE EASTERLY BOUNDARY LINE OF THE ST. LOUIS BROWNSVILLE AND MEXICAN RAILROAD RIGHT -OF -WAY; SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (401) FEET IN WIDTH HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY (201) FEET -2- ON EITHER SIDE OF SAID CENTER LINE, AND ALSO SHALL INCLUDE AN EASEMENT TO USE LAND EXTENDING AN ADDITIONAL THIRTY -FIVE (35') FEET ON ONE SIDE OF SAID FORTY (40') FOOT RIGHT -OF -WAY MAKING A TOTAL OF SEVENTY -FIVE (75') FEET DURING THE PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL THIRTY -FIVE (35') FEET TO BE ON THE SIDE DESIGNATED BY THE OWNER OF SAID PROPERTY AND TO BE ON THE SAME SIDE OF SAID CENTER LINE ENTIRELY ACROSS SAID TRACT; TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS TO AND FROM SAID PIPE LINE. AND THE CITY ATTORNEY IS HEREBY 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 A RIGHT -OF -WAY AND EASEMENT IN AND TO SAID PROPERTY FOR THE PURPOSE OF CONSTRUCTING THEREON A WATER PIPE LINE AS A PART OF THE WATER WORKS SYSTEM OF THE CITY OF CORP -US CHRISTI, TEXAS. SECTION 2. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE OF AND TO THE RIGHT-OF -WAY AND EASEMENT OF THE REAL PROPERTY HEREINBEFORE SET OUT SO THAT A NEW WATER FILTRATION PLANT, TOGETHER. WITH A NECESSARY AND INTEGRATED WATER PIPE LINE SYSTEM THEREFOR BE CONSTRUCTED 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 SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAV114G 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 o � DAY OF MARCH, 1954. ATTE %SSTT: CITY SECRETARY APPROVED AS TO LEGAL FORM:" CITY ATTORNEY MAYOR Y_ THE C�TYF TtPUS CHR STI, TEXAS -3- CORPUS CHRISTI, TEXAS 1 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 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; 11 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, MAYOR CITY OF CORPUS CHRISTI, TEXAS' THE CHARTER RULE WAS 5 SPENDED BY THE FOLLOWING AOTZ9f RTENS -Tfi -N KING ELLROY P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE l THE ABOVE ORDINANCE WA PASSED BY THE FOLLOWING VsKytf A. A:' L`ICMTENSTEIN r _` ELLROY KING P. C. CALLAWAY i JAMES S. NAISMITH W. JAMES BRACE a �39 a 2-