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HomeMy WebLinkAbout19623 ORD - 01/19/1987M AN ORDINANCE REPEALING ORDINANCE NO. 19552 AND AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCELS 12 AND 15 FOR THE TURKEY CREEK DRAINAGE IMPROVEMENTS PROJECT AND TO ACQUIRE SAID PARCELS FROM THE OWNERS, MR. AND MRS. JAMES E. RUSSELL AND MR. AND MRS. JAMES H. RUSSELL; AND DECLARING AN EMERGENCY. WHEREAS, it is necessary to acquire, for an on behalf of the City, a certain parcels or tracts of land, more fully described hereinafter; and WHEREAS, the Turkey Creek Drainage Improvement Project requires the acquisition of fee simple title in and to the said parcels or tracts and to acquire said parcels from the owners, Mr. and Mrs. James E. Russell and Mr. and Mrs. James H. Russell; and WHEREAS, the City of Corpus Christi is unable to agreement with the said owners and claimants as to the price and tracts or parcels and damages for the taking thereof by the therefore, determined by the City Council that it is necessary parcels or tracts be acquired in fee title through the exercise power of eminent domain for said public purpose; arrive at an value of said City; it is, that the said of the City's NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 19552 is hereby repealed in its entirety. SECTION 2. 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 Turkey Creek Drainage Improvement Project, and for other municipal purposes, within the city limits, said parcels being described by metes and bounds as follows: O1P.117.01 Parcel 12 Being an irregularly shaped tract of land out of the northern portion of Lot 11-A, Rolling Acres Subdivision, Unit 1, as shown by Map or Plat of record in Volume 29, Page 16, Map Records of Nueces County, Texas, said tract being more particuarly described by metes and bounds as follows to -wit: Beginning at a point on the northwestern boundary of said Lot 11-A, from whence the northernmost corner of said Lot 11-A bears N 47°01'28" E., at a distance of 30.18 feet, said point being a northwest corner of this tract; 19623 MICROFILMED Thence S. 83°31'04" E., across the northern portion of said Lot 11-A, a distance of 53.22 feet to a point on the northeast boundary of said Lot 11-A for a northeast corner of this tract; Thence S. 49°12'04" E., along the northeast boundary of said Lot 11-A, a distance of 106.43 feet to a point for the northeast corner of said Lot 11-A and of this tract; Thence S 19°33'32" E., along the easterly boundary of said Lot 11-A, a distance of 27.86 feet to a point for the easternmost corner of this tract; Thence N 83°31'04" W., across said Lot 11-A, a distance of 194.93 feet to a point for an interior corner of this tract; Thence S. 64°40'14" W., across said Lot 11-A, a distance of 72.74 feet to a point for the southernmost corner of this tract; Thence North along the west boundary of said Lot 11-A, a distance of 7.26 feet to a point for a northwest corner of this tract; Thence east along the northwest boundary of said Lot 11-A, a distance of 5.41 feet to a point for an interior corner of this tract; Thence N. 47°01'28" E., along the northwest boundary of said Lot 11-A, a distance of 152.05 feet to the place of beginning, containing 13,257.53 square feet of land, more or less, and also containing a twenty foot wide utility easement of 4468.64 square feet, more or less. Parcel 15 BEING an irregularly shaped tract of land out of a portion of Block 19, Highway Village Subdivision, Section 3, as shown by deed of record in Volume 1,609, Page 841, Deed Records of Nueces County, Texas, said tract being more particularly described by metes and bounds as follows to -wit: BEGINNING at a point in the eastern boundary of said portion of Block 19, said point being the common corner of said portion of Block 19 of said Highway Village Subdivision, Section 3, and Lot 6, Block 7, of Highway Village Subdivision, Section 2; THENCE due South along the eastern boundary of said portion of Block 19, a distance of 7.26 feet to a point; 018.117.01 s• THENCE S 64°40'14" W across the interior of said portion of Block 19 a distance of 62.58 feet to a point for the southernmost corner of this tract; THENCE N 83°49'46" W across said portion of Block 19, a distance of 61.90 feet to a point in the western boundary of said portion of Block 19; THENCE due North along the western boundary of said portion of Block 19, a distance of 39.25 feet to a point for the northernmost corner of this tract; THENCE S 74°09'00" E along the northern boundary of said portion of Block 19, a distance of 7.62 feet to a point being a common corner of said portion of Block 19 and Lots 5 and 6, Block 7, of Highway Village Subdivision, Section 2; THENCE S 84°57'00" E along the northern boundary of said portion of Block 19, a distance of 111.20 feet to the place of beginning, containing 3,678.79 square feet of land, more or less and also containing a twenty -foot wide utility easement of 2,477.4 square feet, more or less. SECTION 3. 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 4. 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 3nd-, day of WO. O. , 19ri ATTEST: a„._73 City Secretary APPROVED:%9= DAY 0 HAL GEORGE, CITY ATTORNEY By MAYOR G7104"../-. THE CITY OF CORPUS CHRISTI, TEXAS , 19d7 ssistant ityorney 01P.117.01 Corpus Christi, Texas 3'11., day of ss , 1982 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, MAI0 TH CITY OF CORPUS CHRISTI, TEXAS 99.045.01 Council Members The above ordinance was passed by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. (�� Leo Guerrero (,(��,t',ul.¢ Joe McComb all G Frank Mendez Bill Pruet Mary Pat Slavik /►O,(,[, Linda Strong 1 G 6 C 19623