HomeMy WebLinkAbout15392 ORD - 02/27/1980vp:2/27/80:lst
AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN TRACT
OF LAND LOCATED IN NUECES COUNTY. TEXAS; DESCRIBING
SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND
CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD,
SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF
A PARCEL OF LAND FOR THE GABRIEL TERRACE DRAINAGE OUTFALL
PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEM-
NATION PROCEEDINGS AGAINST THE OWNERS, JAMES F. KUCERA,
JR. AND WIFE, GERALDINE KUCERA, TO CARRY OUT THE INTEN-
TIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
WHEREAS, it is necessary to acquire, for and on behalf of the City
of Corpus Christi, certain parcel or tract of land described as follows:
Being an irregularly shaped tract of land out of Lots 11, 12 and 13, W.O. Womesck
Farm Lots as shown by map of record in pole A, Page 50, Map Records, Nneces
County, Texas, and more particularly described by metes and bounds as follows:
Beginning at the most southerly corner of abovementioned Lot 11 for the begin-
ning point of the tract of land herein described;
Thence N. 60° 58' W., along the southerly boundary line of said Lot 11, a
distance of 55.0 feet to a point;
Thence N. 29° 02' E., along a line that is 55.0 feet west of and parallel to
the easterly boundary line of abovementioned W.O. Womack Farm Lots, pass the
common boundary line of said Lots 11 and 12 at 1,372.45 feet, in all e. dis-
tance of 1,482.92 feet to the P.C. of a circular curve to the left;
Thence along the arc of said curve those central angle is 29° 02', radius
1,048.62, tangent 271.52, a distance of 531.33 feet to the point of tangency;
Thence due north, pass the common boundary line of said Lots 12 and 13 at
687.83 feet, in all a distance of 812.89 feet to a point;
Thence due east, a distance of 110.0 feet to a point;
Thence due south, pass the common boundary line of Lots 13 and 12 at 125.06 feet,
in all a distance of 812.89 feet to the P.C. of a circular curve to the right;
15392
Thence along the arc of said curve whose central angle is 11° 18' 31", radius
1,158.62 feet, tangent 114.71 feet, a distance of 228.62 feet to the point of
tangency, said point being on the easterly boundary line of abovementioned W.O.
Womack Farm Lots;
Thence a. 290 02' W., along the easterly boundary line of said W.O. Womack,
pass the common corner of Lots l2 and 11 at 432.62 feet, in all a distance of
1,835.62 feet to the place of beginning and containing 5.039 acres, more or
less.
WHEREAS, the said Gabriel Terrace Drainage Outfall Project requires
the acquisition of fee simple title in and to the aforesaid parcel or tract
of land; and
WHEREAS, record title of the aforesaid parcel or tract appears to be
in the following: James F. Kucera, Jr. and wife, Geraldine Kucera; and
WHEREAS, the City of Corpus Christi. Texas, is unable to arrive at
an agreement with the said owners and claimants as to the price and value of
said tract or parcel of land and damages for the taking thereof by the City;
it is, therefore, determined by the City Council that it is necessary that
the said tract or parcel of land described be acquired in fee title through
the exercise of the City's power of eminent domain for said public purpose:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. 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, direct, and authorize that eminent domain proceedings be instituted
for the purpose of acquiring the fee simple title of the above described land
and premises, excluding mineral interest, for use by the City for the Gabriel
Terrace Drainage Project, and for other municipal purposes, within the city
limits. and to condemn the fee title to the aforesaid parcel or tract of land,
excluding mineral interest.
SECTION 2. The City Attorney of the City of Corpus Christi is hereby
authorized and directed to institute proceedings against the property, and
against all persons who appear to have an interest therein, and to proceed with
-2-
said condemnation suit to its final conclusion and to obtain possession and
title to said property for use in the Gabriel Terrace Drainage Outfall Project
and for other municipal purposes.
SECTION 3. The public importance and necessity for the City to
gain immediate possession and title of the aforesaid parcel or tract of land
hereinabove described for the Gabriel Terrace Drainage Outfall Project, and
for other public purposes, as hereinabove described and provided, 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 but that such ordinance or resolution shall
be read at three several meetings of the City Council, and the Mayor having
declared that such emergency and necessity exist, and having requested the
suspension of the Charter rule 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 passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of February, 1980.
ATTEST:
Aece
Secretary
APPROVED:
2 7 DAY OF FEBRUARY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City
,of .
i
"
THE TY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
27 day of
, 19 Sb
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension of the Charter
rule or requirement that no ordinance or resolution 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, request that you suspend
said Charter rule or requirement and pass this ordinance finally,on the date_it
is introduced, or at the present meeting of the City Council.
Respectfully,
THE CI OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dunphy
Betty N. Turner
Cliff Zarsky
The above ordinance was passed by
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15392
the
following vote: