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HomeMy WebLinkAbout18592 ORD - 12/11/1984AN ORDINANCE AUTHORIZING MASSEUR DOMAIN PROCEEDINGS BY THE CITY TO CONDENN FEE TITLE TO A PARCEL OF LAND FOR THE SOUTH STAPLES TEE -EX -SEWER EtTENsION 1114, AND TO ACQUIRE sAID PARCEL EEON YEE OWNER, GRAM. EOGEEE, AND DEELAEINe AN EISERGENEY 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 WEEEEAS, the south Staples Trunk -Sewer Extension Project requires the aCiplisition of fee simple title in and to the ,aid parcel or tract, .na WHEPEAS, record title of the parCel Or traCt appears to be In Graford Rogers; a. WHEIREAS, 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 neCessary that the said parcel or tract be acquired in fee title through the e1erciae Of the City's power of eminent domain for public purpose. NCW, 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 proceedinge be inetibited fOr the pUrpOSe Of acquiring the fee simple title of the following described premises, exClUding mineral interest, for use by the City for the South Staples Trunk -Sewer Extension Project, and far 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 ad bounds as follows. Being a ten foot wide strip of land out of Lot 8, Section 6, Flour Bluff and Encinal reell and Carden Trats, shown by plat recorded in Volume A, Pages 41-43, Map Records, /Emcee County, Texas, and further described by metes and bounds as follows Beginning at the current south corner of said Lot 8, being a point on the westerly right of way of South Staples Street fOrty feet from the centerline of Smith Staples Street, 18592 Thence N 61. , 10.00 feet to a point being the east corner of Buckingham Estates Unit I Subdivision, shoum by plat recorded in Volume 48, Pages 37-39, Map Records, Nueces County, TeXas, Thence N 29. E, 330.00 feet to a point. Thence S 61. E, 10.00 feet to a point on said west right of way of Sou. Staples Street. Thence S Tg. W, along said right of way 330 00 feet to the point of beginning a. containing 0.076 acres, more or less Together a 30 foot temporary construction easement east of and adyacent to the permanent easement. Said temporary construction easement to be used for working room and storage of materials during construction phase. Said temporary construction easement to be abandoned upon completion of pro,ect and ground area to be restored to as was or better condition. SECTION 2 The City Attorrwy Is hereby authorized and directed to institute proceedings against the property a. 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 parcels, such findong 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 . emergency measure this the Ilth day of December, 1.4. VOy City crater" APPROVED 114'401tr or DEMMER, 1944 3. BRUCE AYCOCK, CITY ATTORNEY SYAssista THe OF CORPUS CHRISTI, TEXAS Corpus''N Christi, Texas/ ,,II �p//day of 198 Y TO THE MEMBERS OF THE CITY COUNCIL Carpus Chrsti, Texas For tha re set forth In the emergency clause of the foregoing ordinance or esolut,an,Isaemergency exists requiring suspension of the Charter rule s to consideration and voting upon ordinances or esolutions at three regular meetings, I/we, therefore, request that you suspend said Charter rule and pass this ordinance arresolutian finally on the date It Is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 148900 THE CITY CORPUS CHRISTI, TEXAS The above ordinance was passed Luther Jones Betty N Turner David Berlanga, Sr. Welder Brown Lea Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Ilary Pat 5lavik e following vote 18592