HomeMy WebLinkAbout19368 ORD - 07/01/1986AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO
—CONDEMN FEE TITLE TO PARCELS 1 AND 2 FOR THE MASTER PLAN
DRAINAGE CHANNEL 31 PROJECT IMPROVEMENTS AND TO ACQUIRE SAID
PARCELS FROM THE OWNERS, E.M. WADE AND RESPECTIVELY; AND DECLARINGTHOMAS J. SMITH,
AN EMERGENCY.
WHEREAS, it is necessary to acquire, for and on behalf of the City,
certain parcels or tracts of land, more fully described hereinafter; and
WHEREAS, the Master Plan Drainage Channel 31 Project requires the
rcels and to
parcelstfrom thee
Owners, eE M title Wade and ThomaseJ. Smitid h, respectively; acquire said
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
tracts and damages for the taking thereof by the City; it is, therefore,
determined by the City Council that it is necessary that the said parcels or
tracts 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 Master Plan Drainage
Channel 31 Project, and for other municipal purposes, within the city limits,
and to condemn the fee title to the said parcels of land, excluding mineral
interest, said parcels being described by metes and bounds as follows:
TRACT 34
FIELDNOTES for a 115.00 foot wide drainage right-of-way out
of Lots 1 and 2, Section 21, Flour Bluff and Encinal Farm
and Garden Tracts, a map of which is recorded in Volume A,
Pages 41 thru 43, Map Records of Nueces County, Texas and
also being
Volume 14310.0
Pages 311 thru s312, Deed Records described tract of land ofNueces
County, Texas:
BEGINNING at a point on the center line of County Road No.
13 (40.00 feet wide), same being the common boundary of Lot
8, Section 10 and Lot 1, Section 21 for the Northeast corner
of this drainage right-of-way from which corner the common
corner of Sections 11, 20, 21 and 10, said Flour Bluff and
Encinal Farm and Garden Tracts bears North 29° 00' 00" East,
05P.191.01
19368 MICROFILMED
at 115.00 feet pass the Northwest corner of said 10.0 acre
tract, in all a distance of 445.00 feet;
THENCE South 61° 00' 00" East 1320.00 feet to a point on the
common boundary of Lots 2 and 3, Section 21 for the
Northeast corner of this drainage right-of-way;
THENCE South 29° 00' 00" West, with said common boundary of
Lots 2 and 3, same being the East line of said 10.0 acre
tract, 115.00 feet to the Southeast corner of said 10.0 acre
tract and the Southeast corner of this drainage
right-of-way;
THENCE North 61° 00' 00" West, with the South line of said
10.0 acre tract, 1320.00 feet to a point on the above
mentioned common section line for the Southwest corner of
said 10.0 acre tract and the Southwest corner of this
drainage right-of-way;
THENCE North 29° 00' 00" East, with said common section
line, same being the West boundary of said 10.0 acre tract,
115.00 feet to the POINT OF BEGINNING and containing 3.49
acres (151,800 square feet) of land.
TRACT 28
•
A tract of land 130.00 feet wide out of Lots 3 and 4,
Section 21, Flour Bluff and Encinal Farm and Garden Tracts,
a map of which is recorded in Volume A, Pages 41 through 43,
Map Records of Nueces County, Texas and also being out of a
12 acre tract of land described in Volume 1972, Pages 6
through 25, Deed Records of Nueces County, Texas, more
particularly described as follows:
BEGINNING at a point on the common boundary of Lots 3 and
14, Section 21 for the Southwest corner of said 12 acre
tract and the Southwest corner of this tract from which
corner a 1 inch iron pipe at the common corner of Lots 2, 3,
14 and 15, Section 21 bears North 61° 01' 00" West 328.44
feet;
THENCE North 28° 56' 40" East, with the West boundary of
said 12 acre tract, 130.00 feet to the Northwest corner of
this tract;
THENCE South 61° 01' 00" East 394.17 feet to a point on the
East boundary of said 12 acre tract for the Northeast corner
of this tract;
05P.191.01
THENCE South 28° 56' 40" West, with the East boundary of
said 12 acre tract, 130.00 feet to a point on the common
boundary of Lots 4 and 13, Section 21 for the Southeast
corner of said 12 acre tract and the Southeast corner of
this tract;
THENCE North 61° 01' 00" West, with the common boundary of
Lots 4 and 13 and Lots 3 and 14, Section 21, same being the
South boundary of said 12 acre tract, 394.17 feet to the
POINT OF BEGINNING and containing 1.18 acres (51,242 square
.feet) of land; which tract of land constitutes a portion of
Master Drainage Channel No. 31 (hereafter called "Drainage
Channel").
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
parcels, 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 1st day of
July, 1986.
ATTEST:
Ci y Secretary MAYOR
THE TY OF CORPUS CHRISTI, TEXAS
APPROVED:g DAY OF JULY, 1986:
HAL GEORGE, CITY ATTORNEY
05P.191.01
Corpus Christi, Tex
/,[tf day of
, 1984
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,
Council Members
Respectfully,
MAYOR
THE CI ' 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
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