The URL can be used to link to this page

Home My WebLink About15704 ORD - 08/13/1980• jkh:8-13-80;lst AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN TRACTS 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 CERTAIN PARCELS OR TRACTS OF LAND FOR THE GABRIEL TERRACE DRAINAGE OUTFALL PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, PATRICIA RAY PETERSON NUSS, ET AL, 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 parcels or tracts of land described as follows: PARCEL 16 Being an irregularly shaped tract of land out of Tract 2-B, M.M. Gabriel Partition of the Gugenheim and Cohn's Farm Lots as shown by map of record in Volume 2, Page 24, Miscellaneous Map Records,.Nueces County, Texas, and more particularly described by metes and bounds "as follows: Beginning'at a point on the centerline of West Point Road, said point being the Southwest corner of Lot 15, Gugenheim and Cohn's Farm Lots as shown'by map of record in Volume A, Page 53, Nap Records, Nueces County, Texas; Thence N. 00° 14' 30" E., along the West boundary line of said Lot 15, a distance of 1,017.94 feet to a point on the South boundary line of abovementioned Tract 2-B; Thence S. 89° 52' 40" E., along the South boundary line of said Tract 2-B, a distance of 916.24 feet to a point for the beginning point of the tract of land herein described; Thence N. 49° 26' 00"E., a distance of 714.46 feet to a point on the Southwest right-of-way line of South Padre Island Drive; Thence S. 40° 34' 00" E., along the Southwest right-of-way line of said South Padre Island Drive, a distance of 110.0 feet to a point; 15'704 MICROFILMED AUG 2 91980 Thence S. 49° 26' 00".W., a distance of 586.52 feet to a point on the South boundary line of said Tract 2-B; Thence N. 89° 52' 4o" W., along the South boundary line of said Tract 2-B, a distance of 168.72 feet to the place of beginning and contain- ing 1.642 acres, more or less. PARCEL 17 Being an irregular shaped tract of land out of Tract 3-B and 4, M.M. Gabriel Partition of the Gugenheim and Cohen's Farm Lots as shwon by map of record in Volume 2, Page 22, Mis- cellaneous Map Records, Nueces County, Texas, and more parti- cularly described by metes and bounds as follows: Beginning at a point on the centerline of 60 foot wide West Point Road, said point being the southwest corner of Lot 15, Gugenheim and Cohen's Farm Lots as shown by map of record in Volume A, Page 53, Map Recors, Nueces County, Texas; Thence N. 00P 46' 40" E., along the west boundary line of said Lot 15, a distance of 30. feset to a point on the north right-of-way line of abovementioned West Point Road; Thence N. 890 59' 00" W., along the north right-of-way line of said West Point Road, a distance of 19.92 feet to a point being the beginning point of the tract of land herein des- cribed; Thence continue N. 89° 59' 00" W., along the north right- of-way line of said West Point Road, a distance of 110.0 feet to a point; Thence N. 00° }6' 40" E., a distance of 3.51 feet to a point being the P.C. of a circular curve to the right; Thence along the arc of said curve whose central angle is 480 39' 20", radius 110.0 feet, tangent 49.73 feet, a dis- tance of 93.41 feet to the point of•tangency; Thence N. 49° 26' 00" E., a distance of 1,334.70 feet to a point on the north boundary line of abovementioned Tract 3-B; Thence S. 89° 52' 40" E., along the north boundary line of said Tract 3-B, a distance of 168.72 feet to a point; Thence S. 49° 26' 00" W., a distance of 1,462.64 feet to a point; Thence S. 00° 46' 40" W., a distance of 2.05 feet to the place of beginning and containing 3.657 acres, more or leas. WHEREAS, the said Gabriel Terrace Drainage Outfall Project requires the acquisition of fee simple title in and to the aforesaid parcels or tracts of land; and WHEREAS, record title of the aforesaid parcels or tracts appears to be in the following: Patricia Ray Peterson Nuss, James D. Peterson and Christy Peterson Brown; and -2- 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 tracts or parcels 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 parcels or.tracts 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 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 parcels or tracts 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 suspen- sion of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolu- tion shall be read at three several meetings of the City Council, and -3- the Mayor, having declared that such emergency and necessity exist, 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 /80 -'day of August, 1980. ATTEST: Sia APPROVED: 13th DAY OF AUGUST, 1980: J. BRUCE AYCOCK, CITY ATTORNEY BY 4% Assi Cant\city Attorne, MAYO THE Y OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas 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. The Charter rule was Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Respectfully, <01.7 1P1, . IR / THE C i OF CORPUS CHRISTI, TEXAS suspended by the following vote: cbit 010 oPY- ay) aty-J was passed by the following vote: 15704