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HomeMy WebLinkAbout05448 ORD - 08/05/1959�- s AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, AND IMPROVEMENTS THEREON, DESCRIBED AS .10 ACRE, MORE OR LESS, A PORTION OFF THE SOUTH END OF THE D. W. GRANT, TRUSTEE, TRACT ON HIGHWAY_92 OWNED BY D. W. GRANT, TRUSTEE, TO BE CONDEMNED FOR ROAD RIGHT OF WAY IN CONNECTION WITH THE WIDENING OF HIGHWAY , WITHIN THE CORRATE CITY LIMITS, WHICH .10 ACRE IS 9 PO MORE PARTICULARLY DESCRIBED HEREIN BY METES AND BOUNDS; 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 IS IN THE PROCESS OF ACQUIRING PROPERTY FOR ROAD RIGHT OF WAY FOR THE WIDENING OF HIGHWAY 9, IN CONNECTION WITH THE TULE LAKE LIFT BRIDGE, PROJECT NO. 13 -55 -0, AND WHICH SAID WIDENING OF THE EXISTING RIGHT OF WAY OF HIGHWAY 9 WILL REQUIRE CONSTRUCTION OF FRONTAGE ROADS AND SOME CURB, GUTTER AND STORM SEWER INSTALLATIONS; AND WHEREAS, THE FOLLOWING DESCRIBED TRACT, OF RECORD OWNED BY D. W. GRANT, TRUSTEE, IS NECESSARY TO BE ACQUIRED IN CONNECTION WITH THE SAID HIGHWAY 9 WIDENING PROJECT, TO -WIT: BEING A PART OF A CERTAIN TRACT OF LAND OUT OF THE EASTERN PORTION OF SHARES "D" AND "E" OF THE MARY MCBRIDE PARTITION AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EXISTING NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY N0. 9 AND THE WEST RIGHT -OF -WAY LINE OF SAVAGE LANE; SAID POINT BEING S. 01° 23' W. 240 FEET FROM THE NORTHEAST CORNER OF THE D. W. GRANT PROPERTY; THENCE N. 88' 39' W. ALONG THE EXISTING NORTH RIGHT -OF- WAY LINE OF STATE HIGHWAY No. 9 142.05 FEET; THENCE N. 01° 23' E. 48.03 FEET; THENCE S. 69, 58' E. 71.88 FEET; THENCE S. 88' 39' E., 73.94 FEET TO A POINT IN THE WEST RIGHT -OF -WAY LINE OF SAVAGE LANE BEARING S. 010 23' W., 215 FEET FROM THE NORTHWEST CORNER OF THE D. W. GRANT PROPERTY; THENCE S. 01° 23' W., 25.00 FEET TO THE PLACE OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.100 ACRE OF LAND, MORE OR LESS. WHEREAS, THE CITY OF CORPUS CHRISTI HAS NEGOTIATED WITH SAID D. W. GRANT, TRUSTEE, BUT HAS BEEN UNABLE TO ARRIVE AT AN AGREEMENT WITH SAID OWNER IN CONNECTION THEREWITH; AND 5448 _) .! It WHEREAS, IT HAS BECOME EXPEDIENT THAT SAID PROPERTY BE ACQUIRED BY THE CITY FOR THE PURPOSE OF A RIGHT OF WAY FOR ROAD PURPOSES BY THE EXERCISE OF ITS POWER OF EMINENT DOMAIN,FOR SAID PUBLIC PURPOSE OF A STREET IMPROVEMENT; AND WHEREAS, SAID PROPERTY IS LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 1. IN ACCORDANCE WITH THE 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, OWNED OF RECORD BY D. W. GRANT, TRUSTEE, AND THE CITY OF CORPUS CHRISTI BY THE EXERCISE OF ITS POWER OF EMINENT DOMAIN OF SAID CITY FOR THE PUBLIC PURPOSE OF STREET WIDENING IS TO ACQUIRE SAID REAL ESTATE,AND IMPROVEMENTS THEREON, WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A PART OF A CERTAIN TRACT OF LAND OUT OF THE EASTERN PORTION OF SHARES "D" AND "E" OF THE MARY MCBRIDE PARTITION AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EXISTING NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 9 AND THE WEST RIGHT -OF -WAY LINE OF SAVAGE LANE; SAID POINT BEING S. Ol' 23' W. 240 FEET FROM THE NORTHEAST CORNER OF THE D. W. GRANT PROPERTY; THENCE N. 880 39' W• ALONG THE EXISTING NORTH RIGHT -OF- WAY LINE OF STATE HIGHWAY NO. 9 142.05 FEET; THENCE N. Ol° 23' E. 48.03 FEET; THENCE S. 69° 58' E. 71.88 FEET; THENCE S. 880 39' E•, 73.94 FEET TO A POINT IN THE WEST RIGHT-OF -WAY LINE OF SAVAGE LANE BEARING S. Ol" 23' W-, 215 FEET FROM THE NORTHWEST CORNER OF THE D. W. GRANT PROPERTY; THENCE S. 010 23' W., 25.00 FEET TO THE PLACE OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.100 ACRE OF LAND, MORE OR LESS. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST SAID PROPERTY AND IMPROVEMENTS THEREON, AND ALL THE PERSONS WHO MIGHT HAVE AN INTEREST THEREIN, AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION AND OBTAIN POSSESSION AND TITLE TO A RIGHT OF WAY FOR ROAD PURPOSES SO THAT SAID PROJECT MAY BE FURTHERED. THE TITLE TO BE ACQUIRED IS FEE SIMPLE TITLE EXCLUSIVE OF MINERALS. -2- -- • 'Y' y � SECTION 3• THE PUBLIC IMPORTANCE AND NECESSITY FOR THE CITY TO GAIN POSSESSION AND TITLE TO THE SAID REAL PROPERTY, AND IMPROVEMENTS THEREON, HEREINBEFORE SET OUT SO THAT THE HIGHWAY 9 WIDENING PROJECT MAY BE COMMENCED AND FURTHERED 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 THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE S DAY of AUGUST, 1959• Y THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO LEGAL FORM THIS THE 5TH DAY OF AUGUST, 1959: CITY ATTORNEY 4- : , v TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI TEXAS 3 DAY OF 1959 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 OR REQUIREMENT THAT NO ORDINANCE OR RESOLU- TION 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 COUNCIL; I THEREFORE HEREBY REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIRE- MENT AND PASS THIS ORDINANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLYp Y - HE CITY OF CORPUS CHRISTIJEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING L.6, JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR. THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: ELLROY KING JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.