HomeMy WebLinkAbout021886 RES - 03/01/1994A RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN ONE TEMPORARY ACCESS EASEMENT AND FEE TITLE TO A
PARCEL OF LAND FOR AN ENVIRONMENTAL PROTECTION AGENCY
MITIGATION SITE AND TO ACQUIRE THE PROPERTY FROM THE
OWNERS, REUNION ENERGY COMPANY, LAWRENCE R. JONES, JR.,
THE UNIVERSITY OF TEXAS, AND COMMERCE BANK OF KANSAS
CITY, TRUSTEE UNDER THE WILL OF LAWRENCE R. JONES, SR.
WHEREAS, it is necessary to acquire, for and on behalf of
the City, a certain parcel of land, described below (Parcel) and
one temporary access easement for access to the Parcel; and
Administrative AS, an requiresEnvironmental Protection Agency
and to the Parcel as well as acquisition aofy fee simple
as title in
access to the Parcel from the owners Re temporary
access
y Com for,
Lawrence R. Jones, Jr., the University of Texas,�' Company,
of Kansas City, Trustee Under the Will of Lawrence nR.CJonesCeSr.;
Parcel and payrental
the City has made an offer to purchase the
based on they fair nmarkete for value the established temporary access easementp
appraiser; and by an independent
WHEREAS, the Owners have been unable to agree with the
City on the Parcel's fair market value and the rental value of the
one temporary access easement 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, and to
acquire the one temporary access easement.
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
one temporary access easement, and the Owners and the City of
Corpus Christi have negotiated and cannot agree on the value of the
Parcel and of the one temporary access easement and further
settlement negotiations are futile.
SECTION 2. That public necessity requires acquisition of
one temporary access easement (Tract 2); and the unencumbered fee
/SF/034.Ree.ak
1994
�':18o6
simple title to the 52.223 acre Parcel (Tract 1), 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, described in
Exhibit A, pages 1-3, which is attached and fully incorporated
herein for all purposes.
SECTION 3. That the public necessity and convenience
require condemnation of the Parcel and the one temporary access
easement in order to acquire it for performance of Environmental
Protection Agency Administrative Order, Docket No. 6-90-0037A2, in
mitigation of the Flour Bluff Fishing Pier Project.
SECTION 4. That the City Attorney is hereby authorized
and directed to institute condemnation proceedings against Reunion
Energy Company, Lawrence R. Jones, Jr., the University of Texas,
and Commerce Bank of Kansas City, Trustee Under the Will of
Lawrence R. Jones, Sr., against all other owners, lienholders, and
other holders of an interest in the Parcel, to acquire the one
temporary access easement and 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 Kleberg County, Texas.
SECTION 5. That this resolution shall take effect
immediately from and after its passage.
ATT _ T:
Secretary etary
MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED: ,t DAY OF f�"JQ�,.
1994.
By
Assis
/9P/034.Res.ak
1994
ant City Attorney
2
Corpus Christi, Texas
day of
The above resolution was
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
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,
passed by the following vote:
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TRACT 1
Being all that part of Tract No. One (1) of that certain subdivision made for the sale of
lands in the estate of Jose Maria Tovar, according to a survey made by C.F.H. von
Blucher, a map of which is recorded in Volume C, Page 209, of the Probate Records of
Nueces County, Texas and in Volume 2, Page 82 and 83, of the map records of Kleberg
County, Texas, and the adjacent acreeded lands along the west shoreline of Padre Island
described as follows:
Beginning at a point on the west shoreline of Padre Island; said point being S 48 025143"
W 369.98 feet from the intersection of the Nueces/Kleberg County line with the Padre
Island shoreline. Said intersection point being S 73°00'35" W 1,907.52 feet from an angle
point of the Nueces/Kleberg County line having coordinates of N 5,212,922.696 meters,
E 424,000.694 meters based on Texas Coordinate System, South Zone NAD 1983.
Thence S 38°25'31" E 1,262.43';
Thence S 51°34'29" W 1,700.00' to
Thence S 38°25'31" W 1,165.53' to
Thence along the meanders of the
follows:
the most southerly point of this tract;
a point on the shoreline of Padre Island;
mean high tide line of Padre Island, which are as
Thence N 20°07'32" E 303.70'
Thence N 28°33'31" E 279.13'
Thence N 59°10'38" E 115.21'
Thence N 45°43'30" E 148.75'
Thence N 57°37'08" E 216.12'
Thence N 55°19'20" E 123.14'
Thence N 64°43'58" E 145.12'
Thence N 69°46'06" E 141.75'
Thence N 51°02'00" E 90.39'
Thence N 66°39'47" E 105.78'
Thence N 78°01'06" E 104.71'
Thence N 02°07'29" W 36.80'
to the point of beginning and containing 52.223/acres.
EXHIBIT A, pg. 1
TRACT 2
Being a 30' wide access road easement out of Tract No. One (1) and Tract No. Two (2)
of that certain subdivision made for the sale of lands in the estate of Jose Maria Tovar,
according to a survey made by C.F.H. von Blucher, a map of which is recorded in Volume
C, Page 209, of the Probate Records of Nueces County, Texas and in Volume 2, Pages
82 and 83, of the map records of Kleberg County, Texas.
Beginning at the most southerly point of Tract 1 as herein above described.
Thence S 36°01'31" W 1,639.67'
Thence along a curve to the left having a central angle of 98°14'50", a radius of 85', a
distance of 145.75'
Thence S 61°50'03" E 1,393.68'
Thence S 61°49'53" E 368.80'
Thence S 64°37'19" E 404.79'
Thence on a curve to the left having a central angle of 24°19'45", a radius of 285 feet,
a distance of 121.02'
Thence S 88°57'03" E 457.33'
Thence on a curve to the right having a central angle of 56°03'48", a radius of 230 feet,
a distance of 225.05'
Thence S 32°53'15" E 586.67'
Thence on a curve to the left having a central angle of 75°07'45", a radius of 85', a
distance of 111.46'
Thence N 71°58'59" E 337.15'
Thence S 32°05'15" W 39.10'
Thence S 71°58'59" W 312.07'
Thence along a curve to the right having a central angle of 75°07'45", a radius of 115',
a distance of 150.79'
Thence N 32°53'15" W 586.57'
Thence on a curve to the left having a central angle of 56°03'48", a radius of 200', a
distance of 195.70'
EXHIBIT A, pg. 2
Thence N 88°57'03" W 457.33'
Thence along a cure to the right having a central angle of 24°19'45", a radius of 315', a
distance of 133.76'
Thence N 64°37'19" W 405.16'
Thence N 61°50'03" W 424.78'
Thence N 61°50'03" W 1,338.70'
Thence along a curve to the right having a central angle of 98°11'20", a radius of 115',
a distance of 197.08'
Thence N 36°01'31" E 1,648.02'
Thence S 38°25'31" E 31.14' to the point of beginning and containing 3.996 acres more
or Tess.
EXHIBIT A, pg. 3