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HomeMy WebLinkAbout17268 ORD - 09/23/1982-i AN ORDINANCE _ AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO — CONDEMN FEE TITLE TO PARCEL 7, 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 an 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 Kitty Wolfe Gentry; 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 7 Being a tract of land out of a portion of a 301.55 acre tract of land described in Volume 215, Page 530, deed records, Nueces County, Texas, also abutting the southwest boundary of a 12.52 acre tract conveyed to C.P.& L. by deed recorded in Volume 1450, Page 944, deed records, Nueces County, Texas, and further described as follows: 17268 MICROFILMED SEP 2 8 1984 Beginning at a point being the west corner of said C.P.& L. tract for the north corner of this tract; Thence S. 530 15 E., 3,114.10 feet to a point; Thence S. 36° 44' W., 60.00 feet to a point for the south corner of this tract; Thence N. 540 04' 40" W., 3,111.60 feet to a point; Thence N. 350 12' E., 105.00 feet to the point of beginning and containing 5.894 acres, more or 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 afore- said parcel, 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 day of September, 1982. ATTEST: Ae Cty ecreary43)(i MAYOR / THE ITY OF CORPUS CHRISTI, TEXAS APPROVEDAADAY OF SEPTEMBER, 1982 /1014,t.e. ,'; . Bruce Aycock, flity Attorney Corpus Christi, T Xas o3i/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,. Council Members Respectfully, MAYOR )( THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol owing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1726'8