HomeMy WebLinkAbout05246 ORD - 01/21/1959KVW:JKH :1 -20-59
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AN ORDINANCE
AUTHORIZING CONDEMNATION PROCEEDINGS BY
THE CITY OF CORPUS CHRISTI TO CONDEMN CER-
TAIN REAL ESTATE IN NUECES COUNTY, TEXAS,
BEING THREE (3) PARCELS DESCRIBED AS A
PORTION OF THE HOME TRACT TRACT I AND
TRACT 2, AS SET OUT IN THE PARTITION DEED
OF THE ALTA VISTA HOTEL TRACT, RECORDED IN
VOLUME 501, AT PAGE 228 OF THE DEED RECORDS
OF NUECES COUNTY, TEXAS, OWNED BY MESOG V.
DONIGAN AND LUCY V. WELCH, FOR USE IN THE
PROJECT OF IMPROVEMENT OF OCEAN DRIVE AS A
PART OF STRAIGHTENING OUT THE S CURVE IN
THE 3300 BLOCK OF OCEAN DRIVE, WHICH LAND
IS MORE PARTICULARLY DESCRIBED HEREIN;
DIRECTING THE CITY ATTORNEY TO INSTITUTE
PROCEEDINGS TO CARRY OUT THE INTENTION OF
THIS ORDINANCE; AND DECLARING AN EMERGENCY.
WHEREAS, THE CITY OF CORPUS CHRISTI INTENDS TO PROCEED WITH
THE PROJECT HERETOFORE DESIGNATED AS "OCEAN DRIVE PROPERTY" WHICH PROJECT
LS THE STRAIGHTENING OUT OF THE IISII CURVE IN THE 3300 BLOCK OF OCEAN DRIVE,
AND IT IS NECESSARY TO ACQUIRE THE HEREINAFTER DESCRIBED REAL ESTATE IN
ORDER FOR THE CITY TO COMPLETE SAID PROJECT, SAID PROPERTY TO BE ACQUIRED
TO CONSIST OF THREE (3) PARCELS OR TRACTS, MORE SPECIFICALLY DESCRIBED
AS FOLLOWS:
TRACT 1
SITUATED IN NUECES COUNTY, TEXAS, AND BEING A TRACT OF LAND
OUT OF THE WEST SIDE OF THE HOME TRACT AS SET OUT IN THE PARTITION
DEED OF THE ALTA VISTA HOTEL TRACT AND RECORDED IN VOL. 501 AT PAGE
228 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID HOME TRACT FOR
THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N 29° - 58' - 301 W ALONG AND WITH THE WEST BOUN-
DARY LINE OF SAID HOME TRACT, A DISTANCE OF 14.00 FEET
TO A POINT;
THENCE IN A NORTHERLY DIRECTION ALONG THE ARC OF ACIRCU-
LAR CURVE HAVING A RADIUS OF 338.62 FEET AND A CENTRAL
ANGLE OF 53° - 05' - 35 ", A DISTANCE OF 3114.12 FEET TO A
POINT IN THE NORTH BOUNDARY LINE OF SAID HOME TRACT;
THENCE N 60° - O1' - 30" E ALONG AND WITH THE NORTH
BOUNDARY LINE OF SAID HOME TRACT, A DISTANCE OF 53.08
FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S 4° - 42' - 55" El A DISTANCE OF 182.06 FEET TO A
POINT;
THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF A CIRCU-
LAR CURVE TO THE LEFT HAVING A RADIUS OF 1034.42 FEET AND
CENTRAL ANGLE OF 25° - 15' - 35" A DISTANCE OF 129.59 FEET
TO A POINT IN THE SOUTH BOUNDARY LINE OF THE SAID HOME
TRACT;
THENCE S 60° - 01' 30" W ALONG AND WITH THE SOUTH BOUNDARY
LINE OF THE.SAID HOME_TRACT, A DISTANCE OF 63.09 FEET TO
THE PLACE OF BEGINNING. _
TRACT 2
SITUATED IN NUECES COUNTYy TEXAS, AND BEING A TRACT OF LAND
OUT OF THE WEST SIDE OF TRACT 1 AS SET OUT IN THE PARTITION OF THE ALTA
VISTA HOTEL TRACT AND RECORDED IN VOL. 501 AT PAGE 228 OF THE MAP RECORDS
OF NUECES COUNTY TEXAS, MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1 FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N 290 - 581 - 30" W ALONG AND WITH THE WEST BOUNDARY
LINE OF SAID TRACT 1 AND THE WEST BOUNDARY LINE OF OCEAN
DRIVE, A DISTANCE OF 98.75 FEET TO THE NORTHWEST CORNER OF
SAID TRACT 1 FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE N 60° - 01' 30" E ALONG AND WITH THE NORTH BOUNDARY
LINE OF SAID TRACT 1,,A DISTANCE OF 63.09 FEET TO A POINT
FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CIR-
CULAR CURVE HAVING A RADIUS OF 1034.42 FEET AND A CENTRAL
ANGLE OF 250 - 15' - 35117 A DISTANCE OF 102.39 FEET TO A
POINT IN THE SOUTH BOUNDARY LINE OF SAID TRACT 1 FOR THE SOUTH-
EAST CORNER OF THIS TRACT;
THENCE S 60° - O1' - 30" W ALONG AND WITH THE SOUTH BOUNDARY
LINE OF SAID TRACT 1� A,DISTANCE OF 36.17 FEET TO THE PLACE
OF BEGINNING.
TRACT
SITUATED IN NUECES COUNTY, TEXAS, AND BEING A TRACT OF LAND
OUT OF THE WEST SIDE OF TRACT 2 AS SET OUT IN THE PARTITION OF THE ALTA
VISTA HOTEL TRACT AND RECORDED IN VOLUME 501 AT PAGE 228 OF THE DEED
RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 2 FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N 290 58' 30" w ALONG AND WITH THE WEST BOUNDARY LINE
OF SAID TRACT 2 AND,THE EAST BOUNDARY LINE OF OCEAN DRIVE
A DISTANCE OF 123.45 FEET TO THE NORTHWEST CORNER OF SAID
TRACT 2 FOR THE NORTHWEST CORNER OF THIS TRACT;
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AND
THENCE N 600 - 01'1 - 30" E ALONG AND WITH THE -NORTH BOUNDARY
LINE OF SAID TRACT 2, A DISTANCE OF 36.17 FEET TO A POINT
FOR,THE NORTHEAST CORNER OF THIS TRACT;
THENCE IN A'SOUTHEASTERLY DIRECTION ALONG THE ARC OF A CIR-
CULAR CURVE HAVING A RADIUS OF 1034.42 FEET AND A CENTRAL
ANGLE OF 25° - 151 - 35 ", A DISTANCE OF 125.05 FEET TO A
POINT IN THE SOUTH BOUNDARY LINE OF SAID TRACT 2 FOR THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE S 60° - 011 - 30" W ALONG AND WITH THE SOUTH BOUNDARY
L]NE OF SAIp TRACT 2, A,DISTANCE OF 16.74 FEET TO THE PLACE
OF BEGINNING;
WHEREAS, THE RECORD TITLE TO TRACT 1 IS IN MESOG V. DONIGAN
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AND LUCY V. WELCH AND THE RECORD TITLE TO TRACT 2 IS IN MESOG V. DONIGAN,
AND THE RECORD TITLE TO TRACT 3,'IS IN LUCY V. WELCH, BOTH OF WHOM RESIDE
IN NUECES COUNTY, TEXAS; AND
WHEREAS, THE CITY OF CORPUS CHRISTI, IS UNABLE TO ARRIVE AT
AN AGREEMENT WITH SAID OWNERS AS TO THE PRICE AND VALUE OF SAID LAND
AND IT BECOMES NECESSARY THAT SAID PROPERTY BE ACQUIRED BY THE CITY OF
CORPUS CHRISTI BY THE EXERCISE OF ITS POWER OF EMINENT DOMAIN 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 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, THREE TRACTS OR PARCELS OF LAND, SAID LAND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1
SITUATED IN NUECES COUNTY, TEXAS, AND BEING A TRACT OF LAND
OUT OF THE WEST SIDE OF THE HOME TRACT AS SET OUT IN THE PARTITION
DEED OF THE ALTA VISTA HOTEL TRACT AND RECORDED IN VOL. 501 AT PAGE
228 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
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BEGINNING AT THE SOUTHWEST CORNER OF SAID HOME TRACT FOR
THE SOUTHWEST CORNER OF THIS TRACT;
THENCE N 290 - 581 - 3011 W ALONG AND WITH THE WEST BOUNDARY
LINE OF SAID HOME TRACT, A DISTANCE OF 14.00 FEET TO A
POINT;
THENCE IN A NORTHERLY DIRECTION ALONG THE ARC OF A CIRCU-
LAR CURVE HAVING A RADIUS OF 338.62 FEET AND A CENTRAL
ANGLE OF 53° - 05' - 35 ", A DISTANCE OF 314.12 FEET TO A
POINT IN THE NORTH BOUNDARY LINE OF SAID HOME TRACT;
THENCE N 6O° - 011 - 3011 E ALONG AND WITH THE NORTH
BOUNDARY LINE OF SAID HOME TRACTS A DISTANCE OF 53.08
FEET TO A POINT FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE S 40 - 421 - 55" E, A DISTANCE OF 182.06 FEET TO A
POINT;
THENCE IN A SDUTHERLY DIRECTION ALONG THE ARC OF A CIRCU-
LAR CURVE TO THE LEFT HAVING A RADIUS OF 1034.42 FEET AND
CENTRAL ANGLE OF 25° - 15' - 35" A DISTANCE OF 129.59 FEET
TO kA POINT IN THE SOUTH BOUNDARY LINE OF THE SAID HOME TRACT;
THENCE S 6o° - 011 - 3011 W ALONG AND WITH THE SOUTH BOUNDARY
LINE OF THE,SAID HOME TRACT, A DISTANCE OF 63.09 FEET TO THE
PLACE OF BEGINNING.
TRACT 2
SITUATED IN NUECES COUNTY TEXAS AND BEING A TRACT OF LAND
OUT OF THE WEST SIDE OF TRACT 1 AS SET OUT IN THE PARTITION OF THE ALTA
VISTA HOTEL TRACT AND RECORDED IN VOL. 501 AT PAGE 228 OF THE MAP
RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 1 FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N 29° - 58' - 30" W ALONG AND WITH THE WEST BOUNDARY
LINE OF SAID TRACT 1 AND THE WEST BOUNDARY LINE OF OCEAN
DRIVE, A DISTANCE OF 98.75 FEET TO THE NORTHWEST CORNER OF
SAID TRACT 1 FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE N 60° - O1' - 30" E ALONG AND WITH THE NORTH BOUNDARY
LINE OF SAID TRACT 1, A,DISTANCE OF 63.09 FEET TO A POINT
FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION WITH THE ARC OF A CIR-
CULAR CURVE HAVING A RADIUS OF 1034.42 FEET AND A CENTRAL
ANGLE OF 25' - 15' - 35 ", A DISTANCE OF 102.39 FEET TO A
POINT IN THE SOUTH BOUNDARY LINE OF SAID TRACT 1 FOR THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE S 60° - 01' - 3011 W ALONG AND WITH THE SOUTH BOUNDARY
LINE OF SAID TRACT A,DISTANCE OF 36.17 FEET TO THE PLACE
OF BEGINNING.
TRACT
SITUATED IN NUECES COUNTY TEXAS AND BEING A TRACT OF LAND
OUT OF THE WEST SIDE OF TRACT 2 AS SET OUT IN THE PARTITION OF THE ALTA
VISTA HOTEL TRACT AND RECORDED IN VOLUME 501 AT PAGE 228 OF THE DEED
RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
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BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 2 FOR THE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N 29° - 581 - 30" W ALONG AND WITH THE WEST BOUNDARY
LINE OF SAID TRACT 2 AND THE EAST BOUNDARY LINE OF OCEAN
DRIVES A DISTANCE OF 123.45 FEET TO THE NORTHWEST CORNER OF SAID
TRACT 2 FOR THE NORTHWEST CORNER OF THIS TRACT;
THENCE N 6O° - O11 - 3011 E ALONG AND WITH THE NORTH BOUNDARY
LINE OF SAID TRACT 2, A.DISTANCE OF 36.17 FEET TO A POINT
FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE ARC OF A CIR-
CULAR CURVE HAVING A RADIUS OF 1034.42 FEET AND A CENTRAL
ANGLE OF 25' - 15' - 35 ", A DISTANCE OF 125.05 FEET TO A
POINT IN THE SOUTH BOUNDARY LINE OF SAID TRACT 2 FOR THE
SOUTHEAST CORNER OF THIS TRACT;
THENCE S 60° - 01' - 30" W ALONG AND WITH THE SOUTH BOUNDARY
LINE OF SAID TRACT 2, A,DISTANCE OF 16.74 FEET TO THE PLACE
OF BEGINNING.
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 CONCLUSION1 WITH THE INTENTION IN MIND OF OB-
TAINING POSSESSION AND FEE SIMPLE TITLE TO SAID PROPERTY SO THAT SAID
CONSTRUCTION AND IMPROVEMENT PROJECT MAY BE 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 SAID CONSTRUCTION AND IMPROVEMENT
PROJECT MAY BE COMMENCED AND COMPLETED 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 COUNCILS AND THE
MAYOR] HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTI HAVING
REQUESTED THE SUSPENSION OF SAID CHARTER RULE AND THAT THIS ORDINANCE
BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDI-
NANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
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PASSAGE, IT IS ACCORDINGLY SO ORDAINED.
PASSED AND APPROVED; THIS THEI_LDAY OF JANUARY, 1959.
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MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
ATTEST,
(fyc"'a a
CITY SECRETA Y
APPROVED AS TO LEGAL FORM THIS
THE 20TH DAY JO JANUARY, 1959:
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it�C_G
CITY A ORNEY
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CORPUS CHRISTI, TEXAS
1959
70 THE MENMRS OF THE CITY COUNCIL
CORPus CHRISTI, TEXAS
GENT1.!^NENI
1FOR•THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE
FOREGOING ORDINANCE, A PUSLI'C EMERGENCY AND IMPERATIVE NECESSITY EXIST
FOR INC SUSPENSION OF THB CHARTER RULE OR ACQUIR914ENT THAT NO ORDINANCE„
SHALL SE'PASSED,FiNALLY ON T149- GATE'IT 13 INTA0004 ; AND THAW OUCH
ORDINANC£ OR RESOLUTION $HALL BE kAD AT THREE MEETINGS OF INC CITY
COUNCIL; 1, THEREFORE] HERESY REQUEST THAT YOU SUSPEND SAID CHARTER RULE
OR RBGUIREMENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRO-
DUCED, OR AT THE PRESENT 14EETINQ OF THE CITY COUNCIL.'
RESPECTFULLYI _ r
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS tUSPENDED by TNC OOLLOWING VOTEI
FARRELL D. SMITH '
W. J. Roams
B. E. BIGLER
MANUEL P. MALDONADO
CHARLIE J. AILL.B
ARTHUR R. JAMES go
ODELL INGLE•+•r•^CJ
THE ASOYE ORDINANCE WAS PASSED DY THE FOLLOWING VOTES
FARRELL D. SMITH
W. J. Roams
Q. C. BIGLER
MANUEL P. MAL60NADO'
CHARLIE J. AILLS
ARTHUR R. JAMES
ODELL INGLE