HomeMy WebLinkAbout20044 RES - 11/03/1987A RESOLUTION
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO
CONDEMN FEE TITLE TO PARCEL 3, A UTILITY EASEMENT ALONG WITH
A TEMPORARY CONSTRUCTION EASEMENT, FOR THE I.H. 37/U.S.77
INTERCHANGE WATERLINE RELOCATIONS AND UTILITY ADJUSTMENTS
PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER,
GARNETT T. BROOKS.
WHEREAS, it is necessary to acquire, for and on behalf of the City, a
certain parcel of land, more fully described hereinafter; and
WHEREAS, the I.H. 37/U.S.77 Interchange Waterline Relocations and
Utility Adjustments Project requires the acquisition of fee simple title in and
to the said parcel and to acquire said parcel from the Owner, Garnett T. Brooks;
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 simple 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 I.H. 37/U.S.77
Interchange Waterline Relocations and Utility Adjustments 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:
Fieldnotes for a 2.476 acre tract of land out of the
Gregorio Farias Grant, Abstract No. 592, in Nueces County,
Texas, and being a part of the same land described in
Volume 1754, Page 634, of the Deed Records of Nueces County,
Texas, and said tract of land being 60 feet wide and being
more particularly described by the following metes and
bounds:
Beginning at a point for the southwest corner of this tract,
said point being on the proposed relocated East right-of-way
line of the Missouri Pacific Railroad described in Tract 2,
Parcel 17, in Volume 2043, Page 438, of the Deed Records of
Nueces County, Texas, and said point of beginning lying in a
20044 tRICRI3V IUSAED
204HG013.RES
northerly direction from the point of intersection of the
existing East right-of-way line of Sharpsburg Road and the
proposed relocated East right-of-way line of the Missouri
Pacific Railroad, also being the proposed West right-of-way
line of Sharpsburg Road, along a curve to the right an arc
distance of 305.6954 feet, said curve having a radius of
3769.7186 feet, a chord distance of 305.6116 feet and a
chord bearing of North 06° 25' 48.26" West, thence North 04°
06' 25" West, 296.26 feet to the point of beginning;
Thence in a northerly direction along the proposed relocated
East right-of-way line of Missouri Pacific Railroad for the
west line of this tract, North 04° 06' 25" West a distance
of 1011.01 feet to a point of beginning of a curve to the
right for a corner of this tract;
Thence in a northerly direction along said curve to the
right an arc distance of 790.64 feet to a point, said curve
having a radius of 5679.578 feet and a chord distance of
790.00 feet and a chord bearing North 0° 07' 08" West, and
said point being the Northwest corner of this tract;
Thence South 86° 07' 51" East, a distance of 60.00 feet for
the north line of this tract,.to the Northeast corner of
this tract;
Thence in a southerly direction along the east line of this
tract and along a curve to the left an arc distance of
782.30 feet to a point of tangency, said curve having a
radius of 5619.578 feet, a chord distance of 781.65 feet and
a chord bearing South 0° 07' 08" East for a corner of this
tract;
Thence continuing along the east line of this tract, South
04° 06' 25" East, a distance of 1011.89 feet to a point for
the Southeast corner of this tract;
Thence along the south line of this tract, South 86° 44' 00"
West, a distance of 60.00 feet to the point of beginning and
containing 2.476 acres of land, and containing 107,875.47
square feet, more or less.
CONSTRUCTION EASEMENT:
In addition to the above described permanent 60 -foot wide
easement, a strip of land 30 feet in width abutting and
adjoining the east and north lines of this tract and the
east line of the proposed relocated Sharpsburg Road
right-of-way is granted as a temporary easement for the
construction of utility lines. Said temporary construction
easement containing 56,463.63 square feet, more or less.
204HG013.RES
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.
ATTEST:
City Secretary
APPROVED:2 6R DAY OFOGP41 , 107
HAL GEORGE, CITY TTORNEY
By
,444stao—City Attorney
204HG013.RES
THE CITY OF CORPUS CHRISTI, TEXAS
99.066.01
Corpus Christi, Texas
3 -day of 9 tLeJ)t& ,k), 1981
The above resolution was passed by the following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Frank Mendez
(
Clif Moss7Q,
Bill Pruet /� .0
Mary Rhodes /h
Mary Pat Slavik (.(.(.iE'` C_
Linda Strong
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