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 Ordinance No. 19552 is hereby repealed in its entirety.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