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HomeMy WebLinkAbout18008 ORD - 01/04/1984AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 69 FOR THE NAVY CLEAR ZONES - CABANISS FIELD PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, MR. MARK P. BRATTON AND MR. H. T. BAILEY; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary to acquire, for and on behalf of the City, a certain parcel or tract of land, more fully described hereinafter; and WHEREAS, the Navy Clear Zones - Cabaniss Field 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 Mr. Mark P. Bratton and Mr. H. T. Bailey; and WHEREAS, the City of Corpus Christi is unable to agreement with the said owners and claimants as to the price and tract or parcel and damages for the taking thereof by the therefore, determined by the City Council that it is necessary parcel or tract be acquired in fee title through the exercise power of eminent domain for said public purpose: arrive at an value of said City; it is, that the said of the City's 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 Navy Clear Zones - Cabaniss Field 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: Being two tracts of land out of Lots 3 and 4, Section 7, Bohemian Colony Lands, said Bohemian Colony Lands shown by plat recorded in Volume A, Page 48, Map Records, Nueces County, Texas, and further described as follows: Tract 1 Beginning at a point being N 28°59'49" E, 260.00 feet and N 61°00'11" W, 50.00 feet from the south corner of said Lot 3; iAIUGRUd€L lU) SEP 61984 18008 Thence S 57°41'14" W, 229.12 feet to a point for the south corner of this tract; Thence N 61°31'11" W, along the north right of way of 120 foot wide Saratoga Blvd. (State Hwy. 357) 82.00 feet to a point; Thence N 25°37'37" W, 460.52 to a point on the arc of a circular curve to the left which has an initial tangent bearing of N 75°44'28" E, a radius of 150.90 feet, a central angle of 46°44'39", and a tangent of 65.21 feet; Thence along the arc of said curve 123.11 feet to the point of tangency; Thence N 28°59'49" E, 516.54 feet to the point of curvature of a circular curve to the right whose central angle = 90°, radius = 10.00 feet, tangent = 10.00 feet; Thence along the arc of said curve 15.71 feet to the point of tangency; Thence S 61°00'11" E, 410.00 feet to the point of curvature of a circular curve to the right whose central angle = 90°, radius = 10.00 feet, tangent = 10.00 feet; Thence along the arc of said curve, 15.71 feet to the point of tangency, said point being on the easterly right of way of Ayers Street (State Hwy. 286); Thence S 28°59'49" W, along said right of way 462.32 feet to a point; Thence S 34°42'28" W, continuing along said right of way 200.99 feet to a point; Thence S 28°59'49" W, continuing along said right of way 220.00 feet to the point of beginning and containing 7.834 acres, more or less. Tract 2 Beginning at a point being N 61°00'11" W, 50.00 feet from the south corner of said Lot 3, being a point on the westerly right of way line of Ayers Street (State Hwy. 286); Thence S 28°59'49" W, along said right of way line 97.68 feet to the point of curvature of a circular curve to the right whose central angle = 90°, radius = 10.00 feet, and tangent = 10.00 feet; Thence along the arc of said curve 15.71 feet to the point of tangency; Thence N 61°00'11" W, 410.00 feet to the point of curvature of a circular curve to the right whose central angle = 90°, radius = 10.00 feet, tangent = 10.00 feet; Thence along the arc of said curve 15.71 feet to the point of tangency; Thence N 28°59'49" E, 301.00 feet to a point for a corner; Thence S 87°43'40" E, 481.43 feet to a point on aforementioned Ayers Street right of way; Thence S 28°59'49" W, along said right of way, 419.82 feet to the point of beginning and containing 4.138 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 4th day of January, 1984. ATTEST: �, � e�reter� Ci y ecretary _ MAYOR APPROVED: 4 DAY OF January, 1984 --j4r J. (ruce Ayco ty Attorney THE CITY 0CORPUS CHRISTI, TEXAS Corpus Christi, Te s 1644— day of , 198 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, Council Members The above ordinance was passed Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik THE CIT OF CORPUS CHRISTI, TEXAS y the following vote: 18008