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HomeMy WebLinkAbout05554 ORD - 11/04/1959JAW:AH:11 -2 -59 AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A LEASE - HOLD,,ESTATE, AND LEASEHOLD IMPROVEMENTS,OWNED BY THE S. K. INVESTMENT COMPANY, A COPARTNERSHIP COMPOSED OF SAM SUSSER AND SHELDON KATZ, AND FULLY DESCRIBED HEREIN, SAID CONDEMNATION BEING NECESSARY FOR THE PROJECT OF WIDENING AND IMPROVING OF A POR- TION OF STATE HIGHWAY NO. 9,.WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECTING THE CITY ATTORNEY TO INSTITUTE PROCEEDINGS TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, IT HAS BEEN DETERMINED BY THE CITY OF CORPUS CHRISTI AND THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSION, THAT IT IS NECESSARY THAT A GRADE SEPARATION BE CONSTRUCTED ON STATE HIGH- WAY ND. 9 APPROXIMATELY MIDWAY BETWEEN THE INTERSECTIONS OF STATE HIGHWAY NO. 9 WITH MCBRIDE LANE AND WITH SAVAGE LANE, ALL OF WHICH PARTS OF STATE HIGHWAY NO. 9 ARE WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AND WHEREAS, SAID GRADE SEPARATION REQUIRES THE WIDENING OF THE EXISTING STATE HIGHWAY NO. 9 RIGHT OF WAY FOR CONSTRUCTION OF FRONTAGE ROADS THEREON, IN ACCORDANCE WITH THE CERTAIN PLANS JOINTLY APPROVED BY THE STATE OF TEXAS, ACTING BY AND THROUGH THE STATE HIGHWAY COMMISSION, AND THE CITY OF CORPUS CHRISTI, BEING PROJECT N0. C- 74 -6 -37, AND WHEREAS, FEE TITLE TO SAID LANDS NECESSARY TO BE ACQUIRED IN THIS WIDENING PROJECT HAVE, AND ARE SUBJECT TO, CERTAIN EXISTING LEASEHOLD INTERESTS THEREON, AND CERTAIN IMPROVEMENTS CONSTRUCTED THERE- ON UNDER THE TERMS OF SAID LEASES, ALL OF WHICH SAID LEASEHOLDS AND LEASEHOLD IMPROVEMENTS ARE NECESSARY TO BE ACQUIRED BY THE CITY OF CORPUS CHRISTI IN ORDER THAT THE SAID PROJECT MAY BE BEGUN AND COMPLETED; AND WHEREAS, THE S. K. INVESTMENT COMPANY, A COPARTNERSHIP COMPOSED OF SAM SUSSER AND SHELDON KATZ, IS THE APPARENT HOLDER OF A CERTAIN LEASE- HOLD, AND LEASEHOLD IMPROVEMENTS, WHICH HAVE TO BE ACQUIRED IN CONJUNCTION AND FURTHERANCE OF THE SAID PROJECT, AND SAID PARTIES HAVING BEEN MADE A BONAFIDE AND FAIR OFFER FOR THE NECESSARY LEASEHOLD AND IMPROVEMENTS 5554 \ THEREON BUT HAVE WHOLLY REFUSED AND FAILED TO ACCEPT SAID BONAFIDE AND FAIR OFFER, AND THE CITY OF CORPUS CHRISTI IS UNABLE TO ARRIVE AT AN AGREEMENT WITH SAID OWNERS AS TO THE PRICE AND VALUE OF THE SAID LEASEHOLD INTEREST AND LEASEHOLD IMPROVEMENTS, IT HAS BECOME EXPEDIENT THAT SUCH BE ACQUIRED BY THE CITY THROUGH THE EXERCISE OF ITS POWER OF EMINENT DOMAIN FOR THE SAID PUBLIC PROJECT AND PURPOSE OF WIDENING AND IMPROVING A PORTION OF THE RIGHT OF WAY OF STATE HIGHWAY ND: 9 WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. 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 CITY CHARTER AND THE LAWS OF THE STATE OF TEXAS, THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS DOES HEREBY ORDER AND DIRECT THE CONDEMNATION OF THAT CERTAIN LEASEHOLD ESTATE, AND LEASEHOLD IMPROVE- MENTS, OWNED OR HELD BY THE S. K. INVESTMENT COMPANYs A COPARTNERSHIP COMPOSED OF SAM SUSSER AND SHELDON KATZ, INSOFAR AS A LEASEHOLD ESTATE IS HELD OR LEASEHOLD IMPROVEMENTS ARE OWNED COVERINGS ONE OR OVER THE FOLLOWING TWO (2) LOTS, TRACTS OR PARCELS OF LANDS TO —WIT: (1) BEING OUT OF THE NORTHEASTERLY PART OF THAT PORTION-OF THE G. W. HATCH 100 ACRE TRACT FORMERLY A PART OF SHARE °C° OF THE PETER MCBRIDE TRACT) AND LYING DIRECTLY SOUTH OF HIGHWAY N0. 9, AND WHICH LAND IS FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING 150 FEET WEST OF THE NE CORNER OF SAID HATCH TRACT ON SAID HIGHWAY FOR THE NE CORNER OF THIS TRACT; THENCE WEST ALONG THE SOUTH BOUNDARY LINE OF SAID HIGHWAY 9 A DISTANCE OF 150 FEET FOR THE NW CORNER OF THIS TRACT; _ THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE JULIA ROBINSON TRACT A DISTANCE OF 500 FEET FOR THE SW CORNER OF THIS TRACT; THENCE EAST 300 FEET TO THE WEST LINE OF SAID ROBINSON TRACT FOR THE SE CORNER OF THIS TRACT FOR THE POINT OF BEGINNING; THENCE NORTH 250 FEET ALONG THE SAID WEST LINE OF SAID ROBINSON TRACT FOR A CORNER OF THIS TRACT; THENCE WEST PARALLELING THE SOUTH BOUNDARY OF HIGHWAY 9, 85 FEET FOR A CORNER OF THIS TRACT; THENCE SOUTH PARALLELING THE SAID WEST PROPERTY LINE OF THE ROBINSON TRACT A DISTANCE OF 250 FEET FOR A CORNER OF THIS TRACT; THENCE EAST 85 FEET TO THE POINT OF BEGINNING AND CONTAINING 21,250 SQUARE FEET MORE OR LESS; (2) BEING OUT OF THE NORTHEASTERLY PART OF THAT PORTION OF THE G. W. HATCH 10O ACRE TRACT (FORMERLY A PART -2- OF SHARE °C° OF THE PETER MCBRIDE TRACT) AND LYING DIRECTLY SOUTH OF HIGHWAY N0, 9, AND WHICH LAND IS FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THENCE 150 FEET WEST OF THE NE CORNER OF THE SAID HATCH TRACT ON SAID HIGHWAY 9 FOR THE NE CORNER OF THIS TRACT AND PLACE OF BEGINNING; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY 9 A DISTANCE OF 150 FEET FOR THE Rd CORNER OF THIS TRACT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF THE ROBINSON TRACT A DISTANCE OF 80.02 FEET FOR THE SW CORNER OF THIS TRACT; THENCE EAST PARALLELING THE SOUTH RIGHT OF WAY LINE OF HIGHWAY 9 A DISTANCE OF 150 FEET FOR THE SE CORNER OF THIS TRACT; THENCE NORTH PARALLELING THE SAID ROBINSON TRACT BOUNDARY LINE A DISTANCE OF 80.02 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 12,003 SQUARE FEET MORE OR LESS. SECTION 2. THE CITY ATTORNEY IS HEREBY AUTHORIZED AND DIRECTED TO CARRY OUT THE DIRECTION OF THIS ORDINANCE BY INSTITUTING CONDEMNATION PROCEEDINGS AGAINST SAID OWNERS, AND ANY OTHER PERSONS WHO MIGHT BE FOUND TO HAVE AN INTEREST THEREIN CONDEMNING SAID LEASE- HOLD INTEREST AND SAID LEASEHOLD IMPROVEMENTS AND TO PROCEED WITH SAID CONDEMNATION SUIT TO ITS CONCLUSION, WITH THE INTENTION OF OBTAINING POSSESSION AND FULL TITLE TO SAID LEASEHOLD AND LEASEHOLD IMPROVEMENTS SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT OF WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY NO. 9 MAY BE COMMENCED AND COMPLETED. SECTION 3. THE PUBLIC IMPORTANCE OF SECURING ALL LEGAL INTERESTS AND ESTATES IN THE RIGHT OF WAY NECESSARY FOR THIS PUBLIC PROJECT HEREINABOVE DESCRIBED SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT MAY BE COMMENCED AND COMPLETED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE PROVIDING 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 MAYORS HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST AND HAVING - REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL,FORCE AND EFFECT FROM AND AFTER ITS -3- PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED THIS THE °/ DAY OF NOVEMBER, 7959• ! MAYOR THE CITY OF 6us CHRISTI JEXAS ATTEST: ` CITY SECRETARY` APPROVED AS TO LEGAL FORM THIS 2ND DAY OF NOVEMBER, 1959: ���fi Ty ATTORNEY Y TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF. - Xn" , i9-5-Y 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; 1, 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, it YOR THE CITY OF C RPUS CHRIS I, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTES ELLRDY 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 VOTES ELLRDY KING ({�� JAMES L. BARNARD MRS. RAY AIRHEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.