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Home My WebLink About021545 RES - 01/05/1993A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO A PARCEL OF LAND FOR THE OSO PARKLAND PROJECT AND TO ACQUIRE THE PROPERTY FROM THE OWNERS, VIRGINIA C. JOSLIN, J. R. RAINEY JR., AND AMERITRUST TEXAS, N.A., SUCCESSOR INDEPENDENT CO- EXECUTORS OF THE ESTATE OF ENNIS S. JOSLIN, DECEASED, THE JOSLIN PARTNERSHIP, LTD. AND AMERITRUST TEXAS, N.A., TRUSTEE FOR THE VIRGINIA C. JOSLIN TRUST. WHEREAS, it is necessary to acquire, for and on behalf of the City, a certain parcel of land, described below (Parcel); and WHEREAS, the Oso Parkland Project requires acquisition of fee simple title in and to the Parcel from the owners, Virginia C. Joslin, J. R. Rainey Jr. and Ameritrust Texas, N.A., Successor Independent Co -Executors of the Estate of Ennis S. Joslin, Deceased, the Joslin Partnership, Ltd., and Ameritrust Texas, N.A. as Trustee for the Virginia C. Joslin Trust (Owners); and WHEREAS, the City has made an offer to purchase the Parcel based on the fair market value established by an independent appraiser; and WHEREAS, the Owners have been unable to agree with the City on the Parcel's fair market value and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to the Parcel save and except oil and gas rights, with no rights of exploration; provided, however, without limiting the generality of the foregoing, the necessary condemnation shall specifically include all dirt, sand, gravel, and similar substances located on the Parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi has transmitted a bona fide offer to the Owners of the Parcel, and the Owners and the City of Corpus Christi have negotiated and cannot agree on the value of the Parcel and further settlement negotiations are futile. SECTION 2. That public necessity requires acquisition of the unencumbered fee simple title to the Parcel, save and except oil and gas rights with no rights of exploration; provided, however, without limiting the generality of the foregoing, the AG5000.271.skp 021545 n T T 4i',:ROFIL.MED necessary condemnation shall specifically include all dirt, sand, gravel, and similar substances located on the Parcel. SECTION 3. That the public necessity and convenience require condemnation of the Parcel in order to acquire it for park purposes, for purposes of solid waste operations, and for other municipal purposes. SECTION 4. That the City Attorney is hereby authorized and directed to institute condemnation proceedings against Virginia C. Joslin, J. R. Rainey Jr., and Ameritrust Texas, N.A., Successor Independent Co-executors of the Estate of Ennis S. Joslin, Deceased, the Joslin Partnership, Ltd., and Ameritrust Texas N.A., Trustee for the Virginia C. Joslin Trust, Owners of the Parcel, and against all other owners, lienholders, and other holders of an interest in the Parcel, to acquire the unencumbered fee simple title to the Parcel, save and except the oil and gas rights with no right of exploration; provided, however, without limiting the generality of the foregoing, the condemnation shall specifically include all dirt, sand, gravel, and similar substances located on the Parcel which is located in Nueces County Texas and more fully described on Exhibit A which is attached and made a part hereof. SECTION 5. That this resolution shall take effect immediately from and after its passage. ATTEST: City Secretary MAYOR THE CI APPROVED: -Q DAY OF CC_YYId{bi( , 199a- AG5000.271.skp CORPUS CHRISTI 066 1r Corpus Christi, Texas 5 day of l,"l 19 n 3 The above resolution was passed by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik T 021545 STATE OF TEXAS COUNTY OF NUECES FIELDNOTE DESCRIPTION FOR A 309.913 ACRE TRACT OF LAND, BEING ALL OF SHARES 1,2,3, AND 4 OF THE PARTITION OF THE PAUL E. MORGAN ESTATE, ENTERED AUGUST 5, 1922 AND RECORDED IN VOLUME U, PAGE 115, OF THE MINUTES OF THE PROBATE COURT OF NUECES COUNTY, TEXAS AND BEING OUT OF THE BERTHA MORGAN HOMESTEAD TRACT, ALL SITUATED IN FRACTIONAL SECTION D, OF THE LAURELES FARM TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Beginning at a 1 inch iron rod, found, on the east boundary line of Lot 12, said Section D, for the southwest corner of the north 100 acres of said Bertha Morgan Homestead Tract, the same being a corner of this tract; Thence, South 89° 52' 53" East, with the south boundary line of said north 100 acre tract, a distance of 1871.19 feet, to a point, on the current west right-of-way line of Chapman Ranch Road ( State Highway No. 286 ), for the southeast corner of this tract, from which point, a 1 1/2 inch iron pipe, found, on the west right- of-way line of the original 100 foot wide Chapman Ranch Road, for the southeast corner of said north 100 acre tract, bears South 89° 52' 53" East, a distance of 316.39 feet; Thence, North 18° 38' 24" East, with said current west right-of-way line of Chapman Ranch Road, a distance of 709.98 feet, to the point of curvature of a circular curve to the right, having a central angle of 00° 56' 49", a radius of 5929.58 feet, a tangent distance of 48.99 feet and an arc length of 98.00 feet, for a corner of this tract; Thence, with said curve to the right, continuing with said current west right-of-way line of Chapman Ranch Road, in a northeasterly direction, an arc distance of 98.00 feet, to a point, on the south boundary line of the 5.35 acre Lambert Tract, described in deed recorded in Volume 1782, Pages 628 and 629, of the deed records of Nueces County, Texas, for the most southerly northeast corner of this tract; Thence, North 89° 52' 53" West, with said south boundary line of the Lambert Tract, a distance of 75.57 feet, to a point, for the southwest corner of said Lambert Tract, the same being an inside corner of this tract; Thence, North 09° 55' 20" East, with the west boundary line of said Lambert Tract, a distance of 757.53 feet, to a point, on the south bank, the same being the gradient boundary line of Oso Creek, the bed of which is owned by the State of Texas, for the most northerly northeast corner of this tract; Eg ;b:L 4 Thence, with the meanders of said south bank of Oso Creek the same being the gradient boundary line, said gradient line being the common boundary line between this tract and said bed of Oso Creek, the following courses and distances; Thence, North 50° 21' 30" West, a distance of 166.35 feet; Thence, North 37° 46' 49" West, a distance of 121.94 feet; Thence, North 30° 52' 50" West, a distance of 362.77 feet; Thence, North 22° 53' 15" West, a distance of 215.04 feet; Thence, North 19° 33' 23" West, a distance of 255.95 feet; Thence, North 18° 27' 59" West, a distance of 244.78 feet; Thence, North 26° 58' 31" West, a distance of 154.42 feet; Thence, North 46° 36' 37" West, a distance of 74.21 feet; Thence, North 52° 27' 49" West, a distance of 181.07 feet; Thence, North 62° 10' 58" West, a distance of 268.34 feet; Thence, North 76° 10' 14" West, a distance of 282.44 feet; Thence, South 88° 23' 46" West, a distance of 504.56 feet; Thence, South 72° 55' 29" West, a distance of 504.23 feet; Thence, South 69° 07' 32" West, a distance of 220.25 feet; Thence, South 77° 11' 37" West, a distance of 336.53 feet; Thence, North 64° 05' 01" West, a distance of 381.08 feet; Thence, North 32° 43' 16" West, a distance of 275.23 feet; Thence, North 03° 04' 30" West, a distance of 363.72 feet; Thence, North 04° 03' 32" East, a distance of 351.24 feet; Thence, North 03° 12' 06" West, a distance of 363.66 feet; Thence, North 07° 55' 41" West, a distance of 301.38 feet; Thence, North 11° 09' 34" West, a distance of 321.10 feet; Thence, North 29° 47' 15" West, a distance of 144.80 feet; Thence, North 64° 17' 41" West, a distance of 256.37 feet; Thence, North 82° 18' 26" West, a distance of 477.89 feet and Thence, North 76° 37' 57" West, a distance of 125.37 feet, to a point, for the common north corner of Shares 4 and 5 of the aforementioned Paul E. Morgan Partition, the same being the northwest corner of this tract; Thence,leaving said south bank or gradient boundary of Oso Creek South 18° 53' 52" West, with the common boundary line of said Shares 4 and 5, at 34.85 feet pass a 5/8 inch iron rod, found by 8 inch diameter post, in all a distance of 4014.52 feet, to a 5/8 inch iron rod found by 8 inch diameter post, for the common south corner of said Shares 4 and 5, the same being the southwest corner of this tract; Thence, East, with the south boundary line of Shares 4,3,2 and 1, of said Paul E. Morgan Partition, a distance of 4069.76 feet, to a 3/4 inch iron pipe, found by a 8 inch diameter post, on the west boundary line of aforementioned Bertha Morgan Homestead Tract, for the southeast corner of said Share 1, Paul E. Morgan Partition, the same being an inside corner of this tract; Thence, South 18° 55' 30" West, with said west boundary line of the Bertha Morgan Homestead Tract, a distance of 1574.61 feet, to the PLACE OF BEGINNING and containing 309.913 acres of land.