HomeMy WebLinkAbout021967 RES - 06/21/1994RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY FOR THE
ACQUISITION OF A 1.044 -ACRE TRACT OF LAND LOCATED ON
GRAHAM ROAD ADJACENT TO PARKER PARK FROM N.J. WELSH III,
MRS. MELBA W. CHATHAM, MRS. JANE W. REYES, AND MRS. AGNES
W. EYSTER FOR CONSTRUCTION OF A PARKING LOT FOR THE ETHEL
EYERLY SENIOR COMMUNITY CENTER.
WHEREAS, the City desires to provide services to its senior
citizens which promote public health, safety, and welfare; and
WHEREAS, the Ethel Eyerly Senior Community Center is utilized
by senior citizens during each weekday for recreational programs
and noontime meals; and
WHEREAS, the existing parking lot for this senior center is
shared with patrons of adjacent City swimming pool and park
facilities such that senior citizens often do not have adequate
parking near the center; and
WHEREAS, it necessary to provide additional parking space so
that senior citizens will have adequate parking near the senior
center; and
WHEREAS, it is necessary to acquire, for and on behalf of the
City, a certain 1.044 -acre tract of land, more particularly
described in the attached Exhibit A (the "Parcel"); and
WHEREAS, the construction of the new parking lot near the
senior center requires acquisition of the Parcel from the owners,
N. J. Welsh III, Mrs. Melba W. Chatham, Mrs. Jane W. Reyes, and
Mrs. Agnes W. Eyster (collectively, the "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
an acceptable purchase price for the Parcel; and
WHEREAS, it appears that further negotiations for settlement
will be futile; and
WHEREAS, condemnation has become necessary to acquire 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.
A:\MS5000.034.Lb
11967
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi has transmitted a
bona fide offer to the Owners of the Parcel, but the Owners and the
City cannot agree on a purchase price for the Parcel and further
negotiations will be futile.
SECTION 2. That public necessity requires acquisition of the
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.
SECTION 3. That the public necessity and convenience require
condemnation of the Parcel to acquire it to construct a parking lot
for the Ethyl Eyerly Senior Community Center and for other
municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and
directed to institute condemnation proceedings against N. J. Welsh
III, Mrs. Melba W. Chatham, Mrs. Jane W. Reyes, and Mrs. Agnes W.
Eyster, Owners of the Parcel, and against all other owners, lien -
holders, and other holders of an interest in the Parcel, 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
condemnation shall specifically include all dirt, sand, gravel, and
similar substances located on the Parcel. The Parcel is located in
Nueces County, Texas and is more fully described in 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
APPROVED: /17/1" / DAY OF
JAMES R. BRAY, JR., CITY ATTORNEY
By / 44LC / C 6C ;CSVC
Michael L. Scanlon
Assistant City Attorney
A:\MS5000.034.Lb
MAYOR
THE CITY OF\ C9RPUS CHRISTI
, 1994.
2
STATE OF TEXAS
COUNTY OF NUECES
BEING A 1.044 ACRE TRACT OF LAND, OUT OF LOT 10, SECTION
48, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, A MAP OF
WHICH IS RECORDED IN VOLUME A, PAGES 41 THRU 43, OF THE
MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
'Beginning at a 1" iron pipe, found on the southeast boundary line
of said Lot 10, at it's intersection with the northeast right-of-
way line of a 40.00 foot wide road, known as Graham Road, for the
south corner of this tract, from which point the south corner of
said Lot 10 bears South 29° 00' 00" West, a distance of 20.00 feet;
Thence, North 61° 00' 00" West, with said northeast right-of-way
line of Graham Road, a distance of 85.00 feet, to a point, for the
west corner of this tract;
Thence, North 29° 00' Op" East, a distance of 535.00 feet, to a
point, on the southwest boundary line of a 50.00 foot wide drainage
easement, for the north corner of this tract;
Thence, South 61° 00' 00" East, with said southwest boundary line
of drainage easement, a distance of 85.00 feet, to a point, at it's
intersection with aforementioned southeast boundary line of Lot 10
and the northwest boundary line of Block D, Laguna Business Center,
a map of which is recorded in Volume 27, Page 6, of the map records
of Nueces County, Texas, for the east corner of this tract;
Thence, South 29° 00' 00" West, with the common boundary line of
said Lot 10 and Block D, a distance of 535.00 feet, to the PLACE OF
BEGINNING and containing 1.044 acres of land.
741)
Corpus Christi, Texas
2J day of .jug, 19 (1g
The above resolution was passed by the following vote:
Mary Rhodes
Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\forma\066
CulL