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HomeMy WebLinkAbout05364 ORD - 05/20/1959BS-.mw 5 -20 -59 F AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE LOCATED IN NUECES COUNTY TEXAS OWNED BY ROBERT E. BRENNAN AND WIFE FOR STREET AND ROAD USE IN THE PROJECT l�i0F1N AS THE TOLE LAKE LIFT BRIDGE PROJECT, WHICH LAND IS MORE PAR- TICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTOBNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTION OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHERE", the City of Corpus Christi is the sponsor of the Tula Lake Lift Bridge Project, Project No. 13 -55 -1, which includes the construction of a combination rail and highway lift bridge across the ship channel known as the Tula Lake Lift Bridge, together with the approach roads providing access to and across said bridge; and WHERE", it is hereby determined necessary to acquire the herein- after described real property in order for the City as sponsor to complete said project, in that the hereinafter described property must be acquired for a road to provide access to the aforesaid Tula Lake Lift Bridge from Shell Road to the South Approach of said bridge; and WHEREAS, the record title in and to the hereinafter described property appears to be in Robert E. Brennan and wife, 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 the damages if any to be sustained by said owners in connection with the re- maining portions of said land, and it therefore becomes necessary that said property be acquired by the City of Corpus Christi for the aforesaid public purpose, by condemnation. NOW, THMMORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The public need and necessity for the acquisition of the hereinafter described real property is hereby publically declared, after having considered all of the factors in connection thereto, con- sidering especially the engineering plans in connection with the approaches to the Tale Lake Lift Bridge. In conformity with the premises, and in accordance with the Charter of the City of Corpus Christi, and in accordance with the State law which provides said City with the power to condemn property for public purposes, the City Council of the City of Corpus Christi does hereby order the condemnation of certain real estate in Nueces County, Texas, and the acquisition thereof by the City of Corpus Christi, as sponsor and as agent of the Nueces County Navigation District No. land the County of Nueces, the other public agenctsparticipating in the said project, by the exercise of the power of eminent domain, said land being more particularly described as follows: "Beginning at a 3/4" iron pipe in the north right - of -way line of Up River Road and being the south east corner of Mrs. W. E. Brennan 5.535 acre tract and the south west corner of the Robert Brennan 4.534 acre tract, which is the point of beginning and south west corner of this survey. "Thence N 80- 45' -30" E a distance of 447.74' to a point. "Thence N 00 -36' W a distance of 305.70' to a point on the north line of the said Robert Brennan Tract and being N 780 -14' E a distance of 74.22' from the north west corner of the said tract and being the north west corner of this survey. "Thence N 780 -14' E a distance of 106.78' along the said north line to a 1" iron pipe for a corner of this survey. "Thence S 780 -32' E a distance of 29.45' to a 1" iron pipe which is the northeast corner of the said Robert Brennan Tract for the north east corner of this survey. "Thence S 60 -59' E a distance of 368.69' along the east line of the Robert Brennan Tract to a point. "Thence S 270 -38' W a distance of 93.14' to a point of curvature of a left curve. "Thence along a left curve having a radius of 932.64' a distance of 307.24' to the point of tangency of the said curve. "Thence S 80- 45 -30" W a distance of 45.85' to a point on the north right -of -way line of Up River Road which is N 780 -24' W a distance of 205.79' from the southeast corner of the said Robert Brennan Tract for the south east corner of this survey. "Thence N 780 -24' W 100.41' to a 3/4" iron pipe which is the point of beginning, and containing 2.471 acres of land, more or less." -2- r SECTION 2. The City Attorney is hereby authorized and directed to institute condemnation proceedings against said property and the true owners thereof and all persons who might have an interest therein, and to proceed with said condemnation suit to its conclusion, with the ultimate purpose of obtainingppssession and fee simple title to said property so that said construction and improvement project may be completed. SECTION 3. The public importance of this ordinance and the public need and necessity for the City to gain possession and title of and to the real property hereinabove set out so that said construction and improvement project may be completed creates a public emergency and a public necessity requiring the suspension of the Charter rule that no ordinance or resulution shall be passed finally on the date of its intro- duction 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 intro- duction and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY PASSED AND APPROVED, This the Od (0 day of May, 1959. MAYOR THE CITY CORFU HRISTI, TESAS ATTEST: City Secretary/ APPROVED AS TO LEGAL FORM THIS THE 20TH DAY OF MAY, 1959: City Attorney CORPUS CHRISTI, TEXAS l7 11 ® , 19-lr7 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN; FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPENSION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCILS I, THEREFOR£, 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, I MAYOR THE CITY OF C P CHR TI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART clid JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE I. LOZANO, SR. ' THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING U JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE G GABE LOZANO, SR. '�'