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Home My WebLink About04966 ORD - 01/29/1958JAW: ED: 1/28/5g 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 . 64 ACRES, OF WHICH 1.153 ACRES ARE WITHIN KOSAR ROAD, OUT OF LOT NO. 6 OF THE MARGARET KELLY SUBDIVISION, OWNED BY P. W. 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 EMERGENCY. 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: AN D A TRACT OR PARCEL OF LAND IN NUECES COUNTY, TEXAS, OUT OF LOT ND. 6 OF THE MARGARET KELLY SUBDIVISION ACCORDING TO THE MAP THEREOF RECORDED IN VOL. O, PAGE 110, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID LOT NO. 6 HAVING BEEN CONVEYED TO P. W. KELLY BY THE WILL OF MARGARET KELLY PRO - DATED MARCH 25, 1944, IN NUECES COUNTY PROBATE COURT UNDER CAUSE N0. 4300, SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6 A POINT IN THE CENTER OF KOSAR ROAD AND IN THE SOUTH LINE OF BLOCK 22 OF RUSSELL FARM BLOCKS; THENCE S 39 °- 351 -20" EAST ALONG THE NIORTH LINE OF SAID LOT NO. 6 AND THE SOUTH LINE OF FARM BLOCKS NO. 22 AND 21 A DISTANCE OF 1,674.04' TO A POINT FOR CORNER IN THE NORTH LINE OF SAID LOT ND. 6; THENCE S 0- 051 -40" W A DISTANCE OF 377.39' TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE IN A SOUTHERLY DIRECTION ALONG A CURVE WHOSE RADIUS 1 5 10551 AND WHOSE CENTRAL ANGLE IS 33 0411 -16" A DISTANCE OF 020.301 TO A POINT FOR CORNER; THENCE S 51 °- 441 -10" E.A DISTANCE OF 634.151 TO A POINT FOR CORNER; 11 THENCE S 460- 471 -40" W A DISTANCE OF 2,734.431 TO A POINT FOR CORNER IN THE WEST LINE OF SAID LOT No. 6; THENCE NORTH ALONG THE JEST LINE OF LOT NO. 6 A DIS- TANCE OF ,1,239.011 TO THE PLACE OF BEGINNING AND CONTAIN- ING 95.364 ACRES OF LAND INCLUDING 1.153 ACRES WITHIN KOSAR ROAD; rlHEREAS, THE RECORD TITLE TO SAID PROPERTY APPEARS TO BE IN P. W. 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 THE 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; NO'U, 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 PROVISIONS OF THE CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, - TEXAS, DOES HEREBY ORDER THE CONDEMNATION 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 N0. 6 OF THE MARGARET KELLY SUBDIVISION ACCORDING TO THE MAP THEREOF RECORDED IN VOL. 8, PAGE '0, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID LOT N0. 6 HAVING BEEN CONVEYED TO P. W. KELLY BY THE WILL OF MARGARET KELLY PRO - SATED FIARCH 25, 1944, IN NUECES COUNTY PROBATE COURT UNDER CAUSE NO. 4300, SAID TRACT MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: 3EG11`iNING AT THE NORTHWEST CORNER OF SAID LOT 6 A POINT IN THE CENTER OF KOSAR ROAD AND IN THE SOUTH LINE OF BLOCK 22 OF RUSSELL FARM BLOCKS; THENCE S 89 °- J51 -20" EAST ALONG THE NORTH LINE OF SAID LOT NO. 6 AND THE SOUTH LINE OF FARM BLOCKS N0. 22 AND 21 A DISTANCE OF 11674.O41 TO A POINT FOR CORNER IN THE NORTH LINE OF SAID LOT No. 6; THENCE 5 0 °- 051 -4011 'v.I A DISTANCE OF 377.391 TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE IN A SOUTHERLY DIRECTION ALONG A CURVE WHOSE RADIUS 15 10551 AND WHOSE CENTRAL ANGLE IS 330411 -16° A DISTANCE OF 620.301 TO A POINT FOR CORNER; THENCE S 51 °- 441 -1011 E A DISTANCE OF 0'34.151 TO A POINT FOR CORNER; THENCE S 146° - 471 -4011 4J A DISTANCE OF 2,(311.431 TO A POINT FOR CORNER IN THE 'JEST LINE OF SAID LOT NO. 6; THENCE NORTH ALONG THE WEST LINE OF LOT No. 6 A DIS- TANCE OF ;, 23).01' TO THE PLACE OF BEGINNING AND CONTAIN- ING 95.361 ACRES OF LAND INCLUDING 1.153 ACRES WITHIN KOSAR ROAD. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST SAID PROPERTY AND ALL THE PERSONS - 2 - WHO MIGHT HAVE AN INTEREST THEREIN AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION, WITH THE INTENTION IN MIND OF OBTAINING POSSESSION AND TITLE IN FEE SIMPLE TO SAID PROPERTY SO THAT THE SAID MUNICIPAL AIRPORT PROJECT MAY BE COMMENCED AND COMPLETED. SECTION j. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECES- SITY 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 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 SO ORDAINED. PASSED AND APPROVED, THIS THE V DAY OF JANUARY, 1958. [,lAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: P CcJr CITY SECRET v Y - APPROVED AS TO LEGAL FORM THIS THE � DAY OF JANUARY, 1J58: CITY . A'rTOiRNEY C0 US CHRISTI, TEXAS ,195,f 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 QR REQUIREMENT THAT NO ORDINANCE OR- RESOLU- TIOH SHALL BEPA SSED FINALLY ON THE DATE IT 13 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL" 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 B. E. BIGLER MANUEL P. MALDONADO, CHARLIE J. AIMS O ARTHUR R. JAMES DDELL INGLE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: FARRELL D. SMITHi' W. J. ROBERTS B. E. BIGLER MANUEL P. MALDONADO L 7 17`7 CHARLIE J. AILLS ARTHUR R. JAMES DDELL INGLE