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HomeMy WebLinkAbout17173 ORD - 08/04/1982AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 3, FOR THE FIVE POINTS AREA DRAINAGE OUTFALL PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary to acquire, for and on behalf of the City, certain parcel or tract of land, more fully described hereinafter; and WHEREAS, the Five Points Drainage Outfall Project requires the acquisition of fee simple title in and to the said parcel or tract; and WHEREAS, record title of the parcel or tract appears to be in Kenneth A. Givens; 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 and damages for the taking thereof by the City; it is, therefore, determined by the City Council that it is necessary that the said parcel or tract 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 following described land and premises, excluding mineral interest, for use by the City for the Five Points Area Drainage Outfall Project, and for other municipal purposes, within the city limits, and to condemn the fee title to the said parcel or tract of land, excluding mineral interest, said parcel being described by metes and bounds as follows: PARCEL 3 Being a 10 foot wide tract of land out of Tract P, Country Estates Unit 4, as recorded in Volume 30, Page 86, Map Records, Nueces County, Texas, and further described as follows: SEP 2 8 1904 MICRWILMED 17173 Beginning at a point being the east corner of said Tract P, and being a point on the westerly right-of-way line of 60 foot wide Emory Drive; Thence S. 36' 46' 05" W., along said right-of-way 225.00 feet to the point of beginning of this tract; Thence S. 36° 46' 05" W., along said right-of-way 10.00 feet to a point; Thence N. 530 03' Thence N. 36° 46' the north corner Thence S. 530 03 of beginning and less. SECTION 2. 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 aforesaid 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 for expediting construction of public improvements by acquisition of the aforesaid parcel, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voring upon ordinaces or resolu- tions at three regular meetings so that this ordinance is passed an shall 50" W., 290.00 feet to a point; 05" E., 10.00 feet to a point for of this tract; ' 50" E., 290.00 feet to the point containing 0.067 acres, more or take effect upon first reading as August, 1982. ATTEST: an emergency measure this the day of tg0ke MAYOR THE CITY OF CORPUS CHRISTI, TEXAS ATOVED: "...F DAY OF AUGUST, 1982: J. BRUCE AYCOCK, CIT ATTORNEY BY Co pus Christi, T as li4 day of c— , 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, Respectfully, MAYOR Council Members THE CITY CORPUS CHRISTI, TEXAS The above ordinance was passed by the follAiling vote: Luther Jones Ar , Betty N. Turner Jack K. Dumphy / Bob Gulley OF Herbert L. Hawkins, Jr. Ogr , Dr. Charles W. Kennedy 0! ... Cliff Zarsky 'I', _ 17173