HomeMy WebLinkAbout03710 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 NORMA J. MAGEE, FOR A RIGHT -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 DIRECT-
ING 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
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 50 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 SITUATED IN NUECES
COUNTY, TEXAS, BEING PART OF THE GREGORIA FARIAS GRANT, BEING
PORTIONS OF THE LANDS SET APART TO IRA MAGEE BY DEED DATED
SEPTEMBER 7, 1909, NOW OF RECORD IN VOLUME 94, PAGE 286, OF
THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND BEING THE SAME
PROPERTY CONVEYED BY ADA MAGEE NICCOWN AND HUSBAND, J. H.
MCCOWN; ALICE LEAH MAGEE BAXTER AND HUSBAND, J. E. BAXTER;
ILA MAGEE NOAKES AND HUSBAND NEW fJOAKES; JOHN ATLEE MAGEE;
ALTON Ni. MAGEE, AND JAMES D. MAGEE TO NORMA J. MAGEE, A FEME
SOLE, BY DEED DATED JULY 25, 1951, RECORDED IN VOLUME 523,
PAGE 279 OF THE NUECES COUNTY DEED RECORDS.
SAID RIGHT -CF -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 NORTH BOUNDARY LINE OF THE ABOVE
MENTIONED NORMA J. MAGEE TRACT, SAID POINT BEARS S 55° 16' E,
33.6 FEET FROM THE NORTHWEST CORNER OF SAID TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION a DISTANCE OF 155.0 FEET
TO A POINT IN THE FAST BOUNDARY LINE OF THE SAID NORMA J.
MIAGEE TRACT, SAID POINT BEARS S 31' 021 W, 91.73 FEET FROM
THE NORTHEAST CORNER OF SAID TRACT.
SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (40l) 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) 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 CITY.OF.- CORPUS CHRISTI 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 NORMA J.
MAGEE, A FEME SOLE, OF NUECES COUNTY, TEXAS; THAT SAID CITY HAS HERETOFORE
ATTEMPTED TO REACH AN AGREEMENT AS TO THE PRICE AND VALUE OF SAID RIGHT -OF -WAY
AND EASEMENT WITH THE SAID OWNER, BUT THAT IT 15 IMPOSSIBLE FOR THE CITY OF
CORPUS CHRISTI, TEXAS, AND SAID OWNER 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.
Nab, THEREFORE, BE IT ORDAINED 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 SITUATED IN NUECES
COUNTY, TEXAS, BEING PART OF THE GREGORIA FARIAS GRANT, BEING
PORTIONS OF THE LANDS SET APART TO IRA MAGEE BY DEED DATED
SEPTEMBER 7, 1909, NOW OF RECORD IN VOLUME 94, PAGE 286, OF
THE DEED RECORDS OF NUECES COUNTY, TEXAS, AND BEING THE SAME
PROPERTY CONVEYED BY ADA MAGEE MCCOWN AND HUSBAND, J. H. MCCOWN;
ALICE LEAH MAGEE BAXTER AND HUSBAND, J. E. BAXTER; ILA MAGEE
NOAKES AND HUSBAND NEW NOAKES; JOHN ATLEE MAGEE) ALTON M. MAGEE,
AND JAMES D. MAGEE TO NORMA J. MAGEE, A FEME SOLE, BY DEED DATED
JULY 251 1951, RECORDED IN VOLUME 523, PAGE 279 OF THE 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 POINTIN THE NORTH BOUNDARY LINE OF THE ABOVE
MENTIONED NORMA J. MAGEE TRACT, SAID POINT BEARS S 55° 16' E,
33.6 FEET FROM THE NORTHWEST CORNER OF SAID TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 155.0 FEET
TO A POINT IN THE EAST BOUNDARY LINE OF THE SAID NORMA J.
MAGEE TRACT, SAID POINT BEARS S 37o 021 W, 91.73 FEET FROM
THE NORTHEAST CORNER OF SAID TRACT.
SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (4O,) 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) FOOT RIGHT -OF -WAY MAKING A TOTAL OF SEVENTY -FIVE (75') FEET DURING THE
-2-
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 CORPUS 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, 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 AY OF MARCH, 1954.
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THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST:-
CITY SECRETARv
APPROVED AS TO LEGAL FORM:
.;L� "
CITY ATTORNEY
-3-
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 4RDINANCE, 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
INTRODUC£Y1p 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 INTRODUCED5 OR AT THE PRESENT
MEETING OF THE CITY COUNCIL.
RESPECTFULLY,
MAYOR /a
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SU }ENDED BY THE FOLLOWING Y�Ti
(s ��
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
THE ABOVE ORDINANCE WAS AJSED BY THE FOLLOWING
V
A----A— 14 A i E IN._
ELLROY KING
P. C. CALLAWAY
JAMES S. NA I SM I TH"i4
;
W. JAMES BRACE
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