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Home My WebLink About04965 ORD - 01/29/1958JA,J: Ed:1 /26/58 AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS TO BE INSTITUTED BY THE CITY OF CORPUS CHRISTI, TEXAS, TO CONDEMN CER- TAIN ACREAGE IN NUECES COUNTY, TEXAS, BEING 1 . ACRES, OF 'u,HICH 5.549 ACRES ARE WITHIN KOSAR ROAD AND FARM -TO- MARKET ROAD NO. 763, OUT OF LOT NO. 7 OF THE MARGARET KELLY SUBDIVISION OWNED BY CECELIA KELLY, FOR USE AS A MUNICIPAL AIRPORT, SAID TRACT BEING MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE, AND DECLARING AN EMER- GENCY. WHEREAS, THE CITY OF CORPUS CHRISTI HAS DESIGNATED CERTAIN LANDS IN NUECES COUNTY TO BE ACQUIRED FOR THE PUBLIC PURPOSE OF A MUNICIPAL AIR- PORT, OF WHICH LANDS THE ACREAGE DESCRIBED HEREIN IS PART OF, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OR PARCEL OF LAND III NUECES COUNTY, TEXAS, OUT OF LOT 7 OF THE MARGARET KELLY SUBDIVISION, ACCORDING TO H TE MAP THEREOF RECORDED IN VOL. G, PAGE 4O, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID LOT 7 HAVING BEEN CONVEYED TO CECELIA KELLY BY THE WILL OF MARGARET KELLY, PROBATED {'•'IARCH 25, 1941, IN NuzcES COUNTY PROBATE COURT UNDER CAUSE No. 4j00, SAID TRACT MORE PARTICULARLY DE- SCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NW CORNER OF SAID LOT N0. 7, A POINT IN THE CENTER OF KOSAR ROAD AND IN THE SOUTH LINE OF FARM BLOCK 23 OF THE RUSSELL FARM BLOCKS; THENCE S 39 °- 35f -20° EAST ALONG THE NORTH LINE OF SAID LOT 7, AND THE SOUTH LINE OF FARM BLOCKS 23 AND 22, A DISTANCE OF 2131.06 FEET TO A POINT FOR CORNER IN THE CENTER OF KOSAR ROAD, AND THE NORTHEAST CORNER OF SAID LOT 7; THENCE SOUTH ALONG THE LAST LINE OF SAID LOT N0. 7 A DISTANCE OF 3,239.01 FEET TO A POINT FOR CORNER; THENCE S 46 °- 471 -40t1 iW A DISTANCE OF 15.57 FEET TO A POINT FOR CORNER; THENCE I\ 340- 401 -20° 'VI A DISTANCE OF 396.16 FEET TO A POINT FOR CORNER; THENCE N 89 °- 341 -1011 x'01 A DISTANCE OF 673.41 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, OR SOUTH; THENCE IN A WESTERLY AND 'SOUTHERLY DI REC71 ON ALONG SAID CURVE WHOSE RADIUS IS 905.37 FEET AND WHOSE CENTRAL ANGLE IS 90° -0011 A DISTANCE OF 1,422.16 FEET TO A POINT FOR CORNER; THENCE N 0'9 °- 341 -10" W A DISTANCE OF 50.0 FEET TO A POINT IN THE WEST LINE OF SAID LOT 7, AND IN THE CENTER OF FARM -TO- MARKET ROAD 763; THENCE N 0 °- 251 -5011 E ALONG THE WEST LINE OF LOT 71 A DISTANCE OF 3,421.21 FEET TO THE PLACE OF BEGINNING; AND CONTAINING 133.3225 ACRES OF LAND INCLUDING ).549 ACRES WITHIN KOSAR ROAD AND FARM -TO- MARKET ROAD N0. 763; AN D .'MEREAS, THE RECORD TITLE TO SAID PROPERTY APPEARS TO BE IN CECELIA KELLY; AND WHEREAS, THE CITY OF CORPUS CHRISTI, THROUGH ITS AUTHORIZED EMPLOYEES, HAS BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH THE SAID OWNER AS TO THL PRICE OF THE SAID LAND AND SEVERANCES DAMAGE, IF ANY, TO THE REMAINING LANDS; AND WHEREAS, IT HAS BECOME EXPEDIENT THAT THE SAID PROPERTY BE AC- QUIRED BY THE CITY BY THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR SAID PUBLIC PURPOSE OF A MUNICIPAL AIRPORT; NObd, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS Cf IR PST I , TLiG S: SECTION 1. IH CONFORMITY WITH THE PREMISES, AND III ACCORDANCE WITH PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, TEXAS, DOES HEREBY ORDER THE CONDE1- iNATION OF CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND THE ACQUISITION THEREOF BY THE CITY OF CORPUS CHRISTI BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN OF SAID CITY, SAID LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OR PARCEL OF LAND IN NUECES COUNTY, TEXAS, OUT OF LOT 7 OF THE MAPGARET KELLY SUBDIVISION, ACCORDING TO THE MAP THEREOF RECORDED IN VOL. 3, -PAGE 10, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID LOT 7 HAVING BEEN CONVEYED TO CECELIA KELLY UY THE WILL OFI °iARGARET KELLY, PROBATED MARCH 2t`7,, 1944, IN NUECES COUNTY PROBATE COURT UNDER CAUSE NO. S -300, SAID TRACT 14ORE PARTICULARLY DE- SCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT THE NW CORNER OF SAID LOT �"i0. 71 A POINT IN THE CENTER OF KOSAR ROAD AND IN THE SOUTH LINE OF FARM BLOCK 23 OF THE RUSSELL FARM BLOCKS; THENCE S 89° -351 -20°1 EAST ALONG THE NORTH LINE OF SAID LOT 7, AND THE SOUTH LINE OF FARM BLOCKS 23 AND 22, A DISTANCE OF 2131.06 FEET TO A POINT FOR CORNER IN THE CENTER, OF iCOSARROAD, AND THE "IORTHZAST CORNER OF SAID LCT 7; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT i`40. 7 A DISTANCE OF 3,239.01 FEET TO A POINT FOR CORNER; THENCE S 46'-1".-( '-40" ,.' A DISTANCE OF 15.57 FEET TO A POINT FOR CORNER; THENCE 1'' 3``°- 401 -20" L-i A DISTANCE OF 896.10 FEET TO A POINT FOR CORNER; THENCE N 39 °- 341 -10° 14 A DISTANCE OF 673.41 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, OR :SOUTH; THENCE IN A WESTERLY AND SOUTHERLY DIRECTION ALONG SAID CURVE WHOSE RADIUS IS 905,37 FEET AND WHOSE CENTRAL ANGLE IS 900 -00', A DISTANCE OF 1,1+22.16 FEET TO A POINT FOR CORNER;, THENCE N 89 °- 341 -10" A DISTANCE OF 50.0 FEET TO A POINT IN THE WEST,LINE OF SAID LOT 7, AND IN THE CENTER OF FARM -TO- MARKET ROAD 763; THENCE N 0° -25' -50" E ALONG THE WEST LINE OF LOT 7, A DISTANCE OF 31421. 21 FEET TO THE PLACE OF BEGINNING; AND CONTAINING 133.385 ACRES OF LAND INCLUDING 5.549 ACRES WITHIN KOSAR ROAD AND FARM -TO- MARKET ROAD N0. 763: SECTION 2. 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 OBTAIN- ING POSSESSION AND TITLE IN FEE SIMPLE TO SAID PROPERTY SO THAT THE SAID MUNICIPAL AIRPORT PROJECT MAY DE COMMENCED AND COMPLETED. SECTION 3. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE OF AND TO THE REAL PROPERTY HEREINBEFORE SET OUT SO THAT THE SAID MUNICIPAL AIRPORT PROJECT MAY BE COMMENCED AND COMPLETED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS IN- TRODUCTION 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 SO ORDAINED. PASSED AND APPROVED, THIS THE AY OF JANUARY, 1958. MAYO E THE CITY OF CORPUS CHRISTI,TEXAS = CITY SECRET q RY ' L APPROVED AS TO LEGAL FORM THIS 29TH DAY OF JANUARY, 1958: ^ CITY A TORNEY CORPUS CHRISTI, TEXAS ,194 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE ON REQUIREMENT THAT NO ORDINANCE OR'RE30LU- TION SHALL BE PASSED FINALLY ON THE DATE IT 13 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE -READ AT THREE MEETINGS OF THE CITY COUNCILS 1, THEREFORE, HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO- DUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MA THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTED: FARRELL D. SMITH ✓� W. J. ROBERTS i B. E. BIGLER MANUEL P. MALDONADO, .' CHARLIE J. AILLS C4 f ARTHUR R. JAMES , ODELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITH i W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO CHARLIE J. AILLS CL ARTHUR R. JAMES ODELL INGLE