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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: