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HomeMy WebLinkAbout17357 ORD - 11/10/1982KZ AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL OF LAND FOR THE LAGUNA BUSINESS CENTER .OFFSITE DRAINAGE PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, JOHN WELSH III, ET AL,; 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 Laguna Business Center Offsite Drainage 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 John Welsh III, et al; and WHEREAS, the City of Corpus Christi is unable to arrive at an agreement with the said owners and claimants 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 Laguna Business Center Offsite Drainage 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: LAGUNA BUSINESS CENTER OFFSITE DRAINAGE Being a 20 foot wide tract across portions of Lot 10 and Lot 11, Section 48, Flour Bluff and Encinal Farm and Garden Tracts, as shown by map recorded in Volume A, Pages 41, 42, and 43, Map Records of Nueces County, Texas, said tract being located 10 feet each side of the following described centerline: 17357 SEP 2 81984 MICRDEILMED, institute Beginning at the most northerly common corner of said Lot 10 and Lot 11 for the POINT OF BEGINNING of this tract; Thence along the common boundary of Lot 10 and Lot 11, S. 29° W., 320.00 feet; Thence across Lot 10, S. 14° E., 574 of intersection with the centerline foot wide drainage easement for the this tract. Said point being N. 61° the easterly boundary of Lot 10. .18 feet to the point of an existing 50.00 termination point of W., 268.49 feet from SECTION 2. The City Attorney is hereby authorized and directed to proceedings against the property and against all persons who appear therein, and to proceed with said and to obtain possession and title to have an interest its final conclusion condemnation suit to 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 November, 1982. /O ATTEST: ity ecretary APPROVED: y DAY OF November, 1982 Bruce Aycock, City Attorney THE CITY OF CORPUS CHRISTI, TEXAS Corpus Christi, Texas day of 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; I/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, '1982 Council Members MAYOR THE CITY 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 11785'7.