HomeMy WebLinkAbout03713 ORD - 03/24/1954EMB:NP 3 -24 -54
AN ORDINANCE
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS
CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN I4UECES COUNTY,
TEXAS, OWNED BY WALTER E. E. HEINZ AND WIFE, GAYLE V.HEINZ,
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 DES-
CRIBED HEREIN AND DIRECTING 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 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
BY DEED DATED SEPTEMBER 7, 1901, 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 SOUTH BOUNDARY LINE OF A TRACT
OF LAND CONVEYED TO W. L. MOSES, BY DEED DATED JANUARY 5,
1953 AND RECORDED IN VOLUME 575, PAGE 342, NUECES COUNTY
DEED RECORDS, BEING A COMMON LINE BETWEEN SAID W. L. MOSES
TRACT AND SAID ATLEE MAGEE TRACT, SAID POINT SEARS ,S 69 "O9'E,
73.14 FEET FROM THE EXTREME WEST CORNER OF THE SAID W. L.
MOSES TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF I 91 FEET
TO A POINT IN THE SOUTH BOUNDARY LINE OF THE SAID. 8 ACRE
JOHN ATLEE MAGEE TRACT, SAID POINT BEARS N 53° 17' W, -74.14
FEET FROM THE SOUTH CORNER OF SAID TRACT.
SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (4O1) 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 (35') FEET ON ONE SIDE OF SAID FORTY
(4D,) FOOT RIGHT -OF -WAY MAKING A TOTAL OF SEVENTY -FIVE (75') FEET DURING THE
PERIOD OF CONSTRUCTION, THE SAID ADDITIONAL THIRTY -FIVE (359 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 WALTER1 . E.
HEINZ AND WIFE, GAYLE V. HEINZ, 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 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.
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 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 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 SOUTH BOUNDARY LINE OF A TRACT
OF LAND CONVEYED TO W. L. MOSES, BY DEED DATED JANUARY 5,
1953 AND RECORDED IN VOLUME 578, PAGE 342, NUECES COUNTY
DEED RECORDS, BEING A COMMON LINE BETWEEN SAID W. L. MOSES
TRACT AND SAIm ATLEE MAGEE TRACT, SAID POINT BEARS S 69° 09' E,
73.14 FEET FROM THE EXTREME WEST CORNER OF THE SAID W. L.
MOSES TRACT)
-2-
THENCE IN A SOUTHEASTERLY DIRECTION A DISTANCE OF 313.91 FEET TO
A POINT IN THE SOUTH BOUNDARY LINE OF THE SAID 6.88 ACRE
JOHN ATLEE MAGEE TRACT, SAID POINT BEARS N 53° 17' W, 74.14
FEET FROM THE SOUTH CORNER OF SAID TRACT,
SUCH RIGHT -OF -WAY TO BE CONDEMNED SHALL BE A STRIP OF LAND FORTY (40') FEET IN
WIDTH HAVING SAID CENTER LINE ABOVE SET FORTH AND EXTENDING TWENTY (20'' FEET
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
(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 SA10
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 P12E 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 (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 4DAY OF MARCH, 1954.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST;-
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CITYSECR TAR
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CITY ATTORNEY 67 -3
CORPUS CHRISTI TEXAS
2 ,195
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
GENTLEMEN:
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF
THE FOREGOING -ORDINANCE1 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-D, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT
THREE MEETINGS OF THE CITY COUNCILS 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.
RESPECTFULLY,
MAYOR .0 /
CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS 5Uf'ENDED BY THE FOLLOWING E
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F-a —L f CF,i ENSTE I N
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH (.'
W. JAMES BRACE
THE ABOVE ORDINANCE WAS ASSED BY THE FOLLOW
IN/G VktT�e
ELLROY KING
P. C. CALLAWAY
JAMES S. NAISMITH
W. JAMES BRACE
F
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