HomeMy WebLinkAbout15705 ORD - 08/13/1980jkh:8-13-80;1st
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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,
PETERSON PROPERTIES, INC., TO CARRY OUT THE INTENTIONS
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'18-A
Being an irregularly shaped tract of land
out of Lots 13 and 14, W.O. Womack Farm
Lots as shown by map of record in Volume
A, Page 50, Map Records, Nueces County,
Texas and more particularly 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 northeast corner of abovemen-.
tioned Lot 14;
Thence due south, a distance of 30.0 feet
to a point on the south right-of-way line
of said West Point Road;
Thence S. 89° 14' W., along the south
right-of-way line of said West Point Road
adistance of 294.47 feet to a point for
the beginning point of the tract of land
herein described;
Thence due south, a distance of 1,286.06
to a point on the common boundary line
of said Lots 13 and 14 and being the P.C.
of a circular curve to the left;
Thence along the arc of said curve whose
central angle is 20° 50' 30", radius
1,010.41 feet, tangent 185.82 feet, a
distance of 367.42 feet to the P.R.C.
of a circular curve to the right;
Thence along the arc of said.curve whose
central angle is 20° 50' 30", radius of
1,120.41 feet tangent 206.05 feet, a dis-
tance of 407.53 feet to the point of
tangency;
Thence due south, a distance of 303.98
feet to a point on the northeast right-
of-way line of the N.A.S. Railroad;
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MICROFILMED
AUG 291980
Thence N. 45°12' 30" W., along the
northeast right-of-way. line of said
N.A.S. Railroad, a distance of 351.47
feet to a point;
Thence due north, pass the common bound-
ary line of abovementioned Lots 13 and
14 at 814.50 feet, in all a distance of
2,099.09 feet to a point on the south
right-of-way line of said West Point
Road;
Thence N. 89° 14' E., along the south
right-of-way line of said West Point
Road, a distance of 110.01 feet to the -
place of beginning and containing
7.426 acres, more or less.
PARCEL 18-B
Being a triangular shaped tract of land
out of Lot 13, W.O. Womack Farm Lots as
shown by map of record in Volume A, Page
50, Map Records, Nueces County, Texas
and more particularly described by metes
and bounds as follows:
Beginning at a point on the east boundary
line of abovementioned W.O. Womack Farm
Tots, said point being the southeast
corner of said Lot 13;
Thence due west along the south boundary
line of said Lot 13, a distance of
4o4.43 feet to a point;
Thence due north, a distance of 125.06
feet to a point being the beginning
point of the tract of land herein des-
cribed;
Thence continue due north, a distance of
324.08 feet to a point on the southwest
right-of-way line of the N.A.S. Railroad;
Thence S. 45° 12' 30" E., along the
southwest right-of-way line of said N.A.S.
Railroad, a distance of 46o.0 feet to a
point;
Thence due west, a distance of 326.45
feet to the place of beginning and con-
taining 1.215 acres, more or less.
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PARCEL 21
Being an irregularly shaped tract of land out of the Wm. J.
Robertson Tract, Rincon Del Oso Grant, Abstract No. 1 and
more particularly described by metes and bounds as follows:
Beginning at the southwest corner of Lot 12, Baldwin -Moore
Farm Lots as shown by map of record in Volume A, Page 50,
Map Records, Nueces County, Texas and being the northwest
corner of abovementioned Wm. J. Robertson Tract;
Thence S. 29° 02' W., along the common west boundary line of
said Robertson Tract and the east boundary line of the W.O.
Womack Farm Lots as shown by map of record in Volume A, Page
50, Map Records, Nueces County, Texas, a distance of 380.18
feet to a point being the beginning point of the tract of
land herein described and the P.C. of a circular curve to
the right;
Thence along the arc of said curve whose central angle is
17° 43' 29", radius 1,158.62 feet, tangent 180.66 feet, a
distance of 358.40 feet to the point of tangency;
Thence S. 29° 02' W., along a line that is 55.0 feet north-
east of and parallel to the abovementioned common boundary
line of said Robertson Tract and said W.O. Womack Farm Lots,
a distance of 1,199.12 feet to a point;
Thence N. 60° 58' W., a distance of 55.0 feet to a point on
said common boundary line;
Thence N. 29° 02' E., along said common boundary line, a dis-
tance of 1,551.82 feet to the place of beginning and con-
taining 1.812 acres, more or less.
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: Peterson Properties, Inc.; 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 tractsor parcels 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
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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 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, 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
/8"` aay of August, 1980.
ATTEST:
C Secr•t.ry
APPROVED:
13th DAY OF AUGUST, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By (
Assi s` qty Attor►l ()
1
TH QTY OF CORPUS CHRISTI, TEXAS
MAYOR
Corpus Christi, Texas
/3"" tlay of
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
a
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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,
MAYO
The Charter rule was suspended
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
THE C
OF CORPUS CHRISTI, TEXAS
by the following vote:
The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
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