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HomeMy WebLinkAbout18799 ORD - 04/23/1985AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 70 FOR THE NAVY CLEAR ZONES - CABANISS FIELD PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNERS, CARDCO, INC.; 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 Cardco, Inc.; 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 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: 02.015.01 Parcel 70 Legal description for 8.400 acres (365,919 square feet) of land, being out of Lots 3 & 4, Section 7 of Bohemian Colony Lands as recorded in Volume A, Page 48, Map Records, Nueces County, Texas, and being part of a 97.555 acre tract as described in Volume 1686, Pages 657-661, Deed Records, Nueces County, Texas, said 8.400 acres being more particularly described as follows, to wit: Commencing at the intersection of the northwest line of Block 6, Saratoga Place Subdivision, as recorded in Volume 42, Page 142, Map Records, Nueces County, Texas, and the northeast line of Saratoga Blvd. for the west corner of said Block 6, Saratoga Place Subdivision; 1� MICROFILMED Thence, N 28°41'30" E, 420.02 feet along the northwest line of Block 6, Saratoga Place Subdivision, said line also being the northwest line of Lot 4, Section 7, Bohemian Colony Lands, to the west corner of said 97.555 acre tract; Thence, S 61°51'00" E, 686.03 feet along the northeast line of said Block 6, Saratoga Place Subdivision; Thence, 5 61°51'00" E, 80.00 feet to a point on the northeast line of Block 7, Saratoga Place Subdividion, as recorded in Volume 43, Page 15, Deed Records, Nueces County, Texas; Thence, S 61°51'00" E, 1040.00 feet along the northeast line of said Block 7, Saratoga Place Subdivision; Thence, S 61°51'00" E, 80.00 feet to a point on the north line of a 12.764 acre tract of land as recorded in Volume 1604, Page 317, Deed Records, Nueces County, Texas; Thence, S 61°51'00" E, 134.22 feet (132.22 feet as recorded in Volume 1604, Page 318, Deed Records, Nueces County, Texas) along the north line of said 12.764 acre tract to a point on a curve whose radial bears N 28°09'00" E; Thence, 29.92 feet along the arc of a curve to the left having a radius of 150.90 feet and a central angle of 11°21'35" to a point on a line 500.00 feet west of parallel to the projection of the centerline of Runway 17, NALF Cabaniss for the POINT OF BEGINNING of the 8.400 acre tract herein described; Thence, N 00°20'43" W, 889.22 feet along a line 500.00 feet west of and parallel to the projection of the centerline of Runway 17, NALF Cabaniss, to a point on a line 2500.00 feet north of and parallel to the north end of Runway 17, NALF Cabaniss; Thence, N 89°39'17" E, 630.19 feet to a point on the northwest line of a 9.372 acre tract of land as described in Volume 1604, Page 317, Deed Records, Nueces County, Texas; Thence, S 28°40'00" W, 339.06 feet along the northwest line of said 9.372 acre tract to a point on a curve whose radial bears S 61°20'00" E; Thence, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90°00'00", said 15.71 feet being along the southwest boundary line of said 9.372 acre tract, to a point of tangency; 02.015.01 Thence, S 61°20'00" E, 400.00 feet along the southwest boundary line of said 9.372 acre tract to a point on a curve whose radial bears N 28°40'00" E; Thence, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90°00'00", said 15.71 feet being along the south boundary line of said 9.372 acre tract to a point of tangency on the northwest right-of-way line of Chapman Ranch Road; Thence, S 28°40'00" W, 80.00 feet along the west right-of-way line Of Chapman Ranch Road to a point on a curve whose radial bears N 61°20'00" W; Thence, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90°00'00", said 15.71 feet being along the northeast boundary line of a 12.764 acre tract as recorded in Volume 1604, Page 317, Deed Records, Nueces County, Texas, to a point of tangency; Thence, N 61°20'00" W, 400.00 feet along the northeast line of said 12.764 acre tract to a point on a curve whose radial bears S 28°40'00" W; Thence, 15.71 feet along the arc of a curve to the left having a radius of 10.00 feet and a central angle of 90°00'00", said 15.71 feet being along the north boundary of said 12.764 acre tract to a point of tangency; Thence, S 28°40'00" W, 516.54 feet along the northwest line of said 12.764 acre tract, to a point on a curve whose radial bears N 61°20'00" W; Thence, 205.75 feet along the arc of a curve to the right having a radius of 150.90 feet and a central angle of 78°07'25", said 205.75 feet being along the northwest boundary line of said 12.764 acre tract, to the POINT OF BEGINNING and containing 8.400 acres (365,919 square feet) of land, 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 parcels, such finding of an emergency is made and declared requiring 02.015.01 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 23rd day of April, 1985. ATTEST: City Secretary MAYOR APPROVED: 231DAY OF APRIL, 1985 J. BRUCECY OCK, CITY ATTORNEY 02.015.01 THE CITY 0 — ORPUS CHRISTI, TEXAS Corpus Christi, Texas ear/ day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 198Sr 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, Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik. Linda Strong 8799