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HomeMy WebLinkAbout05489 ORD - 09/09/1959Bs:Mw 9 =9 -59 to AN ORDINANCE AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN CERTAIN REAL ESTATE IN NUECES COUNTY, TEXAS, OWNED BY J. , R. NELDENFELS, TRUSTEE, ET AL FOR USE IN THE PROJECT RIVUWN AS THE BRIDGE REMOVAL AN— p R— ELOCATION PROJECT, WHICH LAND IS MORE PARTICULARLY DESCRIBED HEREIN; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDI AN EMERGENCY. NANCE; AND DE_ CLARING WHEREAS, THE CITY OF CORPUS CHRISTI HAS, AS SPONSOR, BEGUN A CONSTRUCTION PROJECT KNOWN GENERALLY AS THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT, WHICH PROJECT INCLUDES THE REMOVAL OF THE PRESENT BASCULE BRIDGE ACROSS THE CORPUS CHRISTI SHIP CHANNEL AND THE CONSTRUCTION OF A NEW LIFT BRIDGE WHICH IS KNOWN AS THE TULE LAKE LIFT BRIDGE; AND WHEREAS, IN ORDER TO REMOVE THE AFORESAID BASCULE BRIDGE, CERTAIN RAILROADS AND RAIL YARDS HAVE HAD, OF NECESSITY, TO BE RELOCATED WITHIN THE CITY OF CORPUS CHRISTI AND WITHIN NUECES COUNTY; AND WHEREAS, IN ORDER TO COMPLETE THE REMOVAL OF THE BASCULE BRIDGE AND THE RELOCATION OF THE RAIL LINES AND RAIL YARDS, IT IS NECESSARY FOR THE CITY OF CORPUS CHRISTI TO ACQUIRE THE HEREINAFTER DESCRIBED REAL PROPERTY, IN FEE SIMPLE, FOR THE CONSTRUCTION OF A RAIL LINE, FOR THE CON- STRUCTION OF AN OVERPASS ACROSS THE RAIL LINE, FOR THE WIDENING OF HIGHWAY 9, TO OBTAIN FILL MATERIAL AND TO PROVIDE DRAINAGE STRUCTURES; AND WHEREAS, THE RECORD TITLE OF AND TO SAID PROPERTY APPEARS TO BE IN J. R. NELDENFELS, TRUSTEE, F. W. NELDENFELS, JR., H. C. NELDENFELS AND J. R. NELDENFELS; AND WHEREAS, THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH SAID OWNERS AS TO THE PRICE AND VALUE OF THE HEREINAFTER DESCRIBED LAND AND THE DAMAGES TO THE REMAINDER OF THE TRACTS,IF ANY, AND IT IS THEREFORE NECESSARY THAT THE PROPERTY Be CONDEMNED BY THE CITY OF CORPUS CHRISTI FOR SAID PUBLIC PURPOSES. 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 THE PROVISIONS OF THE CITY CHARTER AND THE STATE LAW, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DOES HEREBY ORDER THE CONDEMNATION, IN FEE SIMPLE, OF THE FOLLOWING DESCRIBED REAL PROPERTY LOCATED IN NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5489 TRACT 1 16.086 ACRES OF LAND OUT OF A TRACT OF LAND CON - TACNING 171.01 ACRES OF LAND, MORE OR LESS, LOCATED IN NUECES COUNTY, TEXAS BETWEEN STATE HIGHWAY N0. 9, SAVAGE LANE AND WHELAN DRIVE, MCBRIDE LANE AND SHELL ROAD, SAID 171.01 ACRE, MORE OR tL�ESS, TRACT FRONTING ON HIGH- WAY NO. 9 APPROXIMATELY 51Y.5 FEET, ON SAVAGE LANE AND WHELAN DRIVE APPROXIMATELY 2,635 FEET, ON SHELL ROAD 1A1PPROXIMATELY 150 FEET AND MCBRIDE LANE APPROXIMATELY 459.5 FEET. THE 16.086 ACRES OF LAND TO BE ACQUIRED BY THE CITY AND CONDEMNED FOR THE AFORESAID PUBLIC PURPOSE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN IRON ROD IN THE SOUTH LINE OF UP RIVER ROAD, SAID POINT BEING THE NORTHWEST CORNER OF THE JOHN DUNN ONE -ACRE TRACTS, THE NORTHEAST CORNER OF THE HELDENFELS 42.55 ACRE TRACT, AND THE NORTHEAST CORNER OF THIS SURVEY. THENCE, S 5° -531 E A DISTANCE OF 1401.7 FEET ALONG THE {JEST LINE OF THE SAID JOHN DUNN ONE -ACRE TRACTS TO A POINT WHICH IS THE NORTHWEST CORNER OF THE HELDENFELS 7.82 ACRE TRACT. THENCE, S 86° -541 E A DISTANCE OF 5.1 FEET ALONG THE NORTH LINE OF THE SAID HELDENFELS 7.82 ACRE TRACT TO A POINT. THENCE, S 5° -531 E A DISTANCE OF 1996.2 FEET TO A POINT. THENCE, S 84' -071 W A DISTANCE OF 10.0 FEET TO A POINT OF CURVATURE OF A RIGHT CURVE. TANGENT TO THE CURVE AT THIS POINT BEARS S 5°-531 E. THENCE, ALONG A RIGHT CURVE HAVING A RADIUS OF 5,504.65 FEET A DISTANCE OF 526.0 FEET TO THE END OF SAID CURVE. THENCE, S O° -411 E A DISTANCE OF 628.9 FEET TO A POINT 1I1N THE NORTH LINE OF STATE HIGHWAY NO. 9 WHICH IS S 88° -491 E 12'8.9 FEET FROM THE SOUTHWEST CORNER OF THE HELDENFELS 24.46 ACRE TRACT AND BEING ALSO THE SOUTHEAST CORNER OF THIS SURVEY. THENCE, N 880-491 W A DISTANCE OF 28.9 FEET ALONG THE NORTH LINE OF STATE HIGHWAY N0. 9 TO A POINT-WHICH IS THE SOUTHWEST CORNER OF THE HELDENFELS 24.46 ACRE TRACT, THE SOUTHEAST CORNER OF THE HATCH COMMERCIAL SITES TRACT, AND THE SOUTHWEST CORNER OF THIS SURVEY. THENCE, N 0° -021 W A DISTANCE OF 290.2 FEET ALONG THE COMMON PROPERTY LINE BETWEEN THE HELDENFELS 24.46 ACRE TRACT AND THE SAID HATCH TRACTS TO THE NORTHEAST CORNER OF THE SAID HATCH TRACTS. THENCE, N 88° -491 W A DISTANCE OF 124.0 FEET ALONG THE NORTH LINE OF THE SAID HATCH TRACTS TO A POINT. THENCE, N O° -411 W A DISTANCE OF 334.0 FEET TO A POINT OF CURVATURE OF A LEFT CURVE. THENCE, ALONG A LEFT CURVE HAVING A RADIUS OF 5,654.65 FEET A DISTANCE OF 512.4 FEET TO THE END OF SAID CURVE. THENCE, S 84° -071 W A DISTANCE OF 20.0 FEET TO A POINT. -2- THENCE, N 5°-531 W A DISTANCE OF 2,476.1 FEET TO A POINT. THENCE, N 844 -071 E A DISTANCE OF 15.0 FEET TO A POINT. THENCE, N 5° -531 W A DISTANCE OF 462.5 FEET TO A POINT IN THE SOUTH LINE OF THE CORPUS CHRISTI REFINING CO. 3.00 ACRE TRACT. THENCE, S 77° -071 E ALONG THE SOUTH LINE OF THE SAID C.C. REFINING CO. 3.00 ACRE TRACT A DISTANCE OF 63.4 FEET TO AN IRON BAR WHICH IS THE SOUTHEAST CORNER OF THE SAID 3.00 ACRE TRACT. THENCE, N 5°-531 W ALONG THE WEST LINE OF THE SAID TRACT A DISTANCE OF 514.1 FEET TO A POINT IN THE SOUTH LINE OF UP RIVER ROAD WHICH IS THE NORTHEAST CORNER OF THE SAID 3.00 ACRE TRACT AND THE NORTHWEST CORNER OF THIS SURVEY. THENCE S 77°-071 E ALONG THE SOUTH LINE OF UP RIVER ROAD A DISTANCE OF 105.6 FEET TO THE POINT OF BEGINNING, AND CONTAINING 16.0886 ACRES OF LANDS MORE OR LESS. TRACT 2 1.100 ACRES OF LANDS OUT OF A 4.622 ACRE TRACT OF LAND, LOCATED IN NUECES COUNTY, TEXAS LOCATED BETWEEN THE MISSOURI - PACIFIC RAILROAD RIGHT OF WAY NORTH OF SHELL ROAD AND ADJACENT TO THE ETTA BRENNAN TRACTOAND A 10.151 ACRE TRACT OF LAND BELONGING TO THE NUECES BROADCASTING COMPANY. THE 1.100 ACRES OF LAND TO BE ACQUIRED BY THE CITY AND CONDEMNED FOR THE AFORE- SAID PUBLIC PURPOSE OUT OF THE ABOVE DESCRIBED 4.622 ACRE TRACT OF LAND BELONGING TO THE CONDEMNEES HEREIN IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT IN THE SOUTH RIGHT -OF -WAY LINE OF THE MISSOURI- PACIFIC RAILROAD, SAID POINT BEING THE NORTHEAST CORNER OF THE NUECES BROADCASTING COMPANY 10.151 ACRE TRACT AND THE NORTHWEST CORNER OF THE HELDENFELS 4.622 ACRE TRACT, SAID SOUTH RIGHT -OF -WAY LINE AT THIS POINT BEING A CURVE HAVING A RADIUS OF 4,633.75 FEET AND TANGENT TO CURVE AT SAID POINT BEARS S 82' -051 E. THENCE SOUTHEASTERLY ALONG THE SAID LEFT CURVE WHICH IS THE SOUTH RIGHT -OF -WAY LINE OF THE MISSOURI - PACIFIC RAILROAD A DISTANCE OF 20.76 FEET TO A POINT WHICH IS THE POINT OF BEGINNING AND THE NORTHWEST CORNER OF THIS SURVEY. THENCE SOUTHEASTERLY ALONG THE SAID LEFT CURVE A DISTANCE OF 367.93 FEET TO A POINT WHICH IS THE EAST CORNER OF THIS SURVEY. THENCE SOUTHWESTERLY ALONG A LEFT CURVE HAVING A RADIUS OF 434.28 FEET AND A BACK TANGENT BEARING AT THE LAST DESCRIBED CORNER OF 5 74' -461 11"W, A DISTANCE OF 365.93 FEET TO THE END OF SAID CURVE. THENCE 5 26 °- 291 -3011 W A DISTANCE OF 127.06 FEET TO A POINT IN THE WEST LINE OF THE HELDENFELS 4.22 ACRE TRACT FOR THE SOUTH CORNER OF THIS SURVEY, SAID POINT BEING S 7° -331 E 358.68 FEET FROM THE NORTHWEST CORNER OF THE SAID TRACT. THENCE N 7°-331 W ALONG THE SAID WEST LINE A DISTANCE OF 89.32 FEET TO A POINT. THENCE N 26°- 291 -3011 E A DISTANCE OF 35.72 FEET TO A POINT. THENCE N 70-331 W A DISTANCE OF 264.27 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.100 ACRES OF LAND, MORE OR LESS. -3- TRACT 3 AN 80 FOOT STRIP OF LAND OUT OF THE AFOREMENTIONED 171.01 ACRE TRACT OF LAND LOCATED IN NUECES COUNTYo TEXAS BETWEEN STATE HIGHWAY NO. 9, SAVAGE LANE AND WHELAN DRIVE, MCBRIDE LANE AND SHELL ROAD, ORDINARILY THE AFORESAID 171.01 ACRE TRACT FRONTING ON HIGHWAY N0. 9 APPROXIMATELY 51+.5 FEET, ON SAVAGE LANE AND WHELAN DRIVE APPROXIMATELY 21635 FEET ON SHELL ROAD APPROXIMATELY 150 FEET AND MCBRIDE LANE APPROXI- MATELY 459.5 FEET. THE 80 FOOT STRIP OF LAND TO BE ACQUIRED BY THE CITY AND CONDEMNED FOR THE AFORESAID PUBLIC PURPOSE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO —WIT: BEGINNING AT A POINT AT A JUNCTURE OF THE EXISTING NORTH RIGHT OF WAY LINE OF HIGHWAY ND. 9 AND THE EAST RIGHT OF WAY LINE OF THE SAVAGE LANE RAILROAD RIGHT OF WAY, AS SHOWN ON THE ENGINEERING DRAWINGS ON FILE IN THE OFFICE OF THE DIRECTOR OF PUBLIC WORKS FOR THE CITY OF CORPUS CHRISTI, FOR A POINT OF BEGINNING. THENCE IN AN EASTERLY DIRECTION ALONG THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY N0. 9 485.69 FEET TO THE EAST PROPERTY LINE OF THE CONTINENTAL OIL COMPANY'S 200 X 240 FOOT TRACT. THENCE NORTH ALONG THE WEST PROPERTY LINE OF THE CONTINENTAL OIL COMPANY'S AFOREMENTIONED TRACT FOR A DISTANCE OF 8O FEET. THENCE WEST AND PARALLEL TO THE NORTH RIGHT OF WAY LINE OF STATE HIGHWAY N0. 9 TO A JUNCTURE WITH THE AFORESAID SAVAGE LANE RAILROAD RIGHT OF WAY LINES A DISTANCE OF 486.46 FEET. THENCE SOUTH ALONG THE EAST BOUNDARY LINE OF THE SAVAGE LANE RAILROAD RIGHT OF WAY LINE A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST SAID PROPERTY AND TO JOIN THEREIN THE ABOVE MENTIONED PERSONS WHO ARE THE APPARENT OWNERS OF SAID PROPERTY, AND ALL OTHER PERSONS WHO MIGHT HAVE AN INTEREST THEREIN] AND TO JOIN ANY OTHER PUBLIC OR PRIVATE AGENCY NECESSARY TO BE JOINED OR NECESSARY TO BE MADE A PARTY THERETO TO ACQUIRE THE TITLES IN FEE SIMPLE, TO THE ABOVE DESCRIBED PROPERTY FOR THE AFORESAID PUBLIC PURPOSE. SECTION 3. THE PUBLIC IMPORTANCE OF THIS ORDINANCE AND THE NECESSITY FOR THE CITY TO GAIN POSSESSION AND FEE SIMPLE TITLE OF AND TO THE PROPERTY HEREIN DESCRIBED SO THAT CONSTRUCTION MAY BE BEGUN IMMEDIATELY AND THE BASCULE BRIDGE REMOVAL AND RELOCATION PROJECT 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 0 DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, HAVING REQUESTED THE SUSPEN- SION 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 DAY OF SEPTEMBER, 1959• JOC MAYORTHE CITPUS R STI, TEXAS ATTEST: i �TARY CITY ECR / - APPROVED AS TO LEGAL FORM THIS THE 9TH DAY OF SEPTEMBER, 1959: CITY ATTORNEY TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS s CORPUS CHRISTI TEXAS DAY OF (L1959 FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FORE- GOING ORDINANCEI 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 INTRODUCEDs 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. RESPECTFULLY MAYOR THE CITY 0 C RPUS C ,TTEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: ELLROY KING 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 ® 1 GABE LOYANO, SR. �-a