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HomeMy WebLinkAbout05596 ORD - 12/02/1959• . JAW:MW 11-27-59 , , AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A LEASEHOLD INTEREST HELD OR CLAIMED BY LEONARD R. SIMPSON AND HOWARD J. SIMPSOAL AND FULLY DESCRIBED HEREIN,. SAID CONDEMNATION BEING NECESSARY FOR THE PROJECT OF WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY N0. 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 N0. 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 N0. 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 WERE ACQUIRED SUBJECT TO CERTAIN UNRECORDED EXISTING LEASEHOLD INTERESTS, WHICH SAID LEASEHOLD INTERESTS ARE NECESSARY TO BE ACQUIRED BY THE CITY OF CORPUS CHRISTI IN ORDER THAT THE SAID PROJECT MAY BE BEGUN AND COMPLETED; AND WHEREAS, LEONARD R. SIMPSON AND HOWARD J. SIMPSON ARE THE APPARENT HOLDERS OF A CERTAIN UNRECORDED LEASEHOLD INTEREST WHICH HAS 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, 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 PARTIES AS TO THE PRICE AND VALUE OF SAID LEASEHOLD �n INTEREST, 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 N0. 9 WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI. NOW, THEREFORE, BEAT 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 INTEREST OWNED, HELD OR CLAIMED BY LEONARD R. SIMPSON AND HOWARD J. SIMPSON, INSOFAR AS A LEASEHOLD INTEREST IS HELD, COVERING, ON OR OVER THE FOLLOWING LOT, TRACT OR PARCEL OF LAND, TO -WIT: BEGINNING AT THE POINT OF INTERSECTION OF THE EXISTING NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 9 AND THE WEST BOUNDARY LINE OF THE G. W. HATCH PROPERTY (KNOWN AS THE "HATCH COMMERCIAL SITES :); SAID POINT BEING OPPOSITE ENGINEERS CENTER LIN.STATION 154 + 50.7 AND BEARING S. 00 08' W. 290.2 FEET FROM THE NORTHWEST CORNER OF THE HATCH COMMERCIAL SITES; THENCE N. 00° 081 E., 52.91 FEET TO A POINT IN THE PROPOSED NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY NO. 9, BEARING S. 00° 08' W. 237.29 FEET FROM THE NORTHWEST CORNER OF THE HATCH COMMERCIAL SITES; THENCE N. 74° 251 47° E., 93.13 FEET; THENCE S. 88° 39+ E. 'A DISTANCE OF 9.341 TO A POINT; THENCE S. 00° 08+ W. A DISTANCE OF 80.02' TO A POINT IN THE PRESENT NORTH RIGHT -OF -WAY LINE OF STATE HIGHWAY No. 9; THENCE N. 88° 39' W. A DISTANCE OF 100.00 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 6,773.10 SQ. FEET. 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 TO PROCEED WITH SAID CONDEMNATION SUIT TO TTS CONCLUSION, WITH THE INTENTION OF OBTAINING POSSESSION AND FULL TITLE TO SAID LEASEHOLD INTEREST SO THAT SAID CONSTRUCTION AND IMPROVEMENT PROJECT OF WIDENING AND IMPROVING A PORTION OF STATE HIGHWAY N0. 9 MAY BE COMMENCED AND COMPLETED. -2- SECTION 3. THE PUBLIC IMPORTANCE OF SECURING ALL LEGAL INTERESTS IN THE RIGHT OF WAY NECESSARY FOR THIS PUBLIC PROJECT HEREINABOVE DESCRIBED SO THAT SAID CONSTRUCTION AND IMPROVEMENT PRO- JECT 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 MAYOR, 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 PA5SAG T IS ACCORDINGLY PASSED AND APPROVED, THIS THE DAY OF X959• P1AYOR THE CITY F CORPUS RISTI� TEXAS ATTEST: CITY ECRET RY APPROVED AS TO LEGAL FORM THIS DAY OF / ,11959: 1 CITY ATTORNEY CORPUS CHRISTI EXAS DAY OF 19-a TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS 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. RESPECTFULLY YOR , THE CITY CORPUS C R STIR TEXAS 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 T ELLROY KING JAMES L. BARNARD MRS. RAY AIRKEART JOSEPH B. DUNN PATRICK J. DUNNE R. A. HUMBLE GABE LOZANO, SR.