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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. -f dam✓ r� 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 > �-71 0