HomeMy WebLinkAbout19504 ORD - 09/30/1986AN ORDINANCE
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO
CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE McNORTON
DRAINAGE OUTFALL PROJECT AND TO ACQUIRE SAID PARCEL FROM THE
OWNER, THEODORE C. ISENSEE, ET AL; AND DECLARING AN
EMERGENCY.
WHEREAS, it is necessary to acquire, for an on behalf of the City,
a certain parcel of land, more fully described hereinafter; and
WHEREAS, the McNorton Drainage Outfall Project requires the
acquisition of fee simple title in and to the said parcel and acquire said
parcel from the Owner; 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 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 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 McNorton Drainage
Outfall Project, and for other municipal purposes, within the city limits, and
to condemn the fee title to the said parcel of land, excluding mineral interest,
said parcel being described by metes and bounds as follows:
Being a 10.76 acre tract of land out of Share No. 3 of
Isensee Partitions as described in Record of Deeds,,
Volume 317, Page 249, Nueces County, Texas, and more
particularly by metes and bounds as follows:
Beginning at a point on the north line of Survey 404,
1113.00 feet west of the west right of way of 60.00 foot
wide Clarkwood'Road for the northeast corner of this tract;
09P.033.01
Thence south, along a line parallel to the east line of
Survey 404, a distance of 3473.97 feet;
Thence N 89°20'15" E, along the southern 50.00 foot wide
waterline easement as described in Record of Deeds,
Volume 403, Page 135, Nueces County, Texas, a distance of
19504 MICROFUED
1113.00 feet to a point in the westerly right of way of
60.00 foot wide Clarkwood Road;
Thence south along said westerly right of way line of 60.00
foot wide Clarkwood Road, a distance of 100.00 feet;
Thence S 89°20'15" W, along a line parallel to the north
right of way of the Texas Mexican Railway, a distance of
1213.00 feet to the southwest corner of this tract;
Thence north along a line parallel to the east line of
Survey 404, a distance of 3575.09 'feet to a point in the
north line of Survey 404;
Thence N 89°58'45" E, along the north line of Survey 404, a
distance of 100.00 feet to the beginning and containing
10.76 acres more or less, together with a 100 foot wide
temporary construction easement east of and adjacent to the
permanent easement, said temporary construction easement to
be used for working room and storage of material during
construction, said temporary construction easement to be
abandoned upon completion of project and ground area to be
restored to an "as was" or better condition.
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 30th day
of September, 1986.
ATTEST:
City Secretary(
� y-- MAY
APPROVED:?-5IAY OF SEPTEMBER, 1986:
HAL GE E, CI ATTORNEY
09P.033.01
THE ITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
044 day of 410,n Gtv , 1986
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,
99.045.01
Council Members
Respectfully,
MAY
THE CI Y OF CORPUS CHRISTI, TEXAS
The above ordinance was pass by the following vote:
Luther Jones
Dr. Jack Best /
David Berlanga, Sr. L
Leo Guerrero
Joe McComb Of
Frank Mendez
/r
Bill Pruet //
Mary Pat Slavik l
Linda Strong if ._
19504