HomeMy WebLinkAbout19099 ORD - 11/26/1985AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO
CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE ELLIOTT
SANITARY LANDFILL EXPANSION AND TO ACQUIRE SAID PARCEL
FROM THE OWNERS, DELLA R. ELZNER, 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 Elliott Sanitary Landfill Expansion requires the
acquisition of fee simple title in and to the said parcel or tract and
acquire said parcel from the Owners, Della R. Elzner, 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 Elliott
Sanitary Landfill Expansion 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:
02D.212.02
Being an irregularly shaped tract of land out of and
consisting of Lots 1, 4, 5, and 8, Section 16, Bohemian
Colony Lands, shown by plat in Volume A, Page 48, Map
Records, Nueces County, Texas, and further described by
metes and bounds as follows:
Beginning at a point being the North corner of said Lot
5 and a point on the centerline of Greenwood Drive;
Thence S 61° 30' E 30.00 feet to the Point of Beginning
and the Southeast right-of-way of said Greenwood Drive;
Thence S 61° 30' E 2,920.00 feet to a point;
Thence S 29° E 1,3200 feet to the point of curvature of
a circular curve to the left;
MICROFILMED
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Thence along the arc of said curve whose central angle
= 15°, radius = 1,280.00 feet, tangent = 168.52 feet, a
distance of 335.12 feet to a point of tangency;
Thence S 14° W 160.00 feet to a point, being a point on
the North bank of Oso Creek;
Thence along said Oso Creek as follows:
Thence N 67° W 100.00 feet to a point;
Thence N 78° W 240.00 feet to a point;
Thence N 87° W 520.00 feet to a point;
Thence S 65° W 390.00 feet to a point;
Thence S 75° W 160.00 feet to a point;
Thence S 87° W 100.00 feet to a point;
Thence N 84° W 190.00 feet to a point;
Thence S 84° W 220.00 feet to a point;
Thence N 76° W 360.00 feet to a point;
Thence N 46° W 150.00 feet to a point;
Thence N 14° W 310.00 feet to a point;
Thence N 4° W 130.00 feet to a point;
Thence N 8° E 250.00 feet to a point;
Thence N 6° E 570.00 feet to a point;
Thence N 14° 09' 42" W 492.91 feet to a point on said
Southwest Greenwood Drive right-of-way;
Thence N 29° E along said Greenwood Drive right-of-way
1,370.00 feet to the Point of Beginning and containing
153.78 acres, more or less;
Save and except a 40' wide public road right-of-way
containing 2.68 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 aforesaid 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
resolution is passed and shall take effect upon first reading as an
emergency measure this the 26th day of November, 1985.
02D.212.02
ATTEST:
C ty Secretary V MAYO
APPROVED:
7"4tDAY OF NOVEMBER, 1985:
Assistant / / ttorney
02D.212.02
HE CITY CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
4' day of
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,19a.
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 C _ OF CORPUS CHRISTI, TEXAS
The above ordinance was passed,.y the following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
19099