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