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HomeMy WebLinkAbout17033 ORD - 05/12/1982AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE FOUR PARCELS FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL; AND DECLARING AN EMERGENCY. , WHEREAS, it is necessary to acquire certain parcels or tracts of land described as follows: WOOLDRIDGE-STAPLES DRAINAGE OUTFALL Parcel 4 Metes and Bounds Being an irregularly shaped tract of land out of Lots 25, 26, 27, 28, Section 12, Flour Bluff and Encinal Farm and Garden Tract as shown by ma; of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at the most northerly corner of abovementioned Lot 28; Thence S. 60° 55' 30" E., along the most northerly line of said Lots 25, 26, 27, 28, a distance of 2,620.0 feet to a point on the westerlP right-of-way line of a 40.0 foot wide unnamed road dedicated by map of record of said Flour Bluff and Encinal Farm and Garden tract; Thence S. 29° 04' 30" W., along the westerly line of said unnamed road, a distance of 47.5 feet to a point; Thence N. 60° 55' 30" W., along a line that is 47.5 feet south of and parallel to the northerly line of Lots 25, 26, 27, 28,A distance of 2,552.81 feet to a point; Thence along a curve to.the left, being tangent to the last described course and having a radius of 67.19 feet, a distance of 105.53 feet; Thence N. 60° 55' 30" W., along a line, a distance of 2.50 feet to a point on the westerly line of said Lot 28; Thence N. 29° 04' 30" E., along the westerly line of Lot 28, a dis- tance of 114.68 feet to the point of beginning and containing 2.86 acres, more or less. MICROFILMED su 19S4 7033 7 WOOLDRIDGE-STAPLES DRAINAGE OUTFALL Parcel 4A Metes and Bounds Being an irregularly shaped tract of land out of Lots 30, 31, 32, Section 19, Flour Bluff and Encinal Farm and Garden Tract as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at a point on the centerline of a 40.0 foot wide unnamed road dedicated by the abovementioned map of record, said point being the most northerly corner of Lot 32; Thence S. 60° 55' 30" E., along the northerly line of said Lot 32, a distance of 20.0 feet to a point on the easterly right-of-way line of the unnamed road for the beginning point of the tract of land herein described; Thence S. 60° 55 30" E.,- along the northerly line of Lots 31 and 32, a distance of 1,268.23 feet to a point on the west right-of-way line of Airline ) Road as it is now established; Thence S. 02° 31' 40" W., along the west line of Airline Road, a distance of 53.09 feet to a point; Thence N. 60° 55' 30" W., along a line that is 47.5 feet south of and parallel to the northerly line of Lots 30, 31, 32, a distance of 1,291.96 feet to a point on the easterly line of the abovemeAioned unnamed road; Thence N. 29' 04' 30" E., along the easterly line of said unnamed road, a distance of 47.5 feet to the point of beginning and containing 1.396 acres, more or less. Parcel 4B Being an irregularly shaped tract of land out of Lots 25, 26, Section 12, Flour Bluff and Encinal Farm and Garden Tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at the east corner of abovementioned Lot 25, said point being on the centerline of a 40' wide unnamed street right of way; Thence N. 60' 55 30" W., 20.0 feet to a point on the westerly right-of- way of abovementioned street; Thence S. 29° 04' 30" W., along said right-of-way, 47.5 feet to a point for the point of beginning of this tract; Thence S. 29° 04' 30" W., along said right-of-way 47.5 feet to a point; Thence N. 60' 55' 30" W., 640.00 feet to a point of curvature of a circular curve to the right; Thence along the arc of said curve whose central angle = 26° 43' 14", Radius 269.90 feet, tangent - 64.10 feet, a distance of 125.86 feet to a point of reverse curvature; Thence along the arc of a circular curve to the left, whose angle = 26' 43' 14", raduis = 174.90', tangent = 41.54, a distance of 81.56 feet to the point of tangency; Thence S. 60° 55' 30" E., 842.5 feet to the point of beginning and containing 0.838 acres, more or less. Parcel 4C Being an irregularly shaped tract of land out of Lots 30, 31, 32, Section 19, Flour Bluff and Encinal Farm and Garden tracts as shown by map of record in Volume A, Pages 41, 42, 43, Map records Nueces County, Texas and more particularly'described by metes and bounds as follows: Beginning at a point of the centerline of a 40.0 foot wide unnamed road dedicated by the above mentioned map of record, said point being the most northerly corner of Lot 32; Thence S. 60° 55' 30" E., along the northerly corner of Lot 32, a distance of 20 feet to a point on the easterly right-of-way line of the unnamed road; Thence S. 29° 04' 30" W., along said easterly right-of-way 47.5 feet to a point for the beginning point of the tract herein discribed; Thence S. 60° 55' 30" E., 1,291.96 feet to a point on the westerly right-of- way of Airline Road; Thence S. 2° 31' 40" W., along said Airline Road right-of-way 69.86 feet to a point for the south corner of this tract; Thence N. 60° 55' 30" W., 1,323.19 feet to a point on the easterly right-of- way of the abovementioned 40' road; Thence N. 29° 04' 30" E., along said right-of-way 62.5 feet to the point of beginning and containing 1.875 acres, more or less. WHEREAS, the Woolridge-Staples Drainage Outfall Project requires acquisition of fee simple title in and to the aforesaid parcels or tracts of land; and WHEREAS, record title of the aforesaid parcel or tract appears to be in the following: Farrell Dee Smith; and WHEREAS, the City of Corpus Christi is unable to arrive at an agreement with the said owner and claimant 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 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 Wooldridge -Staples Drainage Outfall, 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. That the City Attorney 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 Wooldridge -Staples Drainage Outfall Project, and for other municipal purposes. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need to take immediate action to acquire the aforesaid parcels or tracts and to -expedite the construction of public improvements, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the jaf day of May, 1982. ATTEST: .if2-C)"e/1(9.-451,e C Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ie;DAY OF MAY, 1982: J. BRUCE AYCOCK, CITY ATTORNEY Corpus Christi, xas A2 day of , 1982 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; 1/we, therefore, request that you suspend said Charter rule and pass this ordinance or,resolution finally on the date it is - introduced, or at the present meeting of the City Council. Respectfully, CounclI Members Respectfully, MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17033