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HomeMy WebLinkAbout022070 RES - 10/25/1994A RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO PARCEL 2-16 (NORTHEAST CORNER OF EVERHART AT HOLLY), FOR THE HOLLY ROAD STREET IMPROVEMENT PROJECT AND TO ACQUIRE SAID PARCEL FROM THE OWNER, SIGMOR CORPORATION. WHEREAS, it is necessary to acquire, for and on behalf of the City, a certain parcel of land, more fully described below (Parcel); and WHEREAS, the Holly Road Street Improvement Project requires the acquisition of fee simple title in and to the Parcel and to acquire the Parcel from the owner, Sigmor Corporation (Owner); 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 Owner has 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 or production. 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 Owner of the Parcel, and the Owner 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, AG5000.547vr Being a 291.03 square foot (0.007 Acre) tract of land, out of lot 20A, Block 7, Gardendale Subdivision, a map of which is recorded in Volume 35, Page 108, of the Map Records of Nueces County, Texas, described by metes and bounds on the attached incorporated Exhibit A, and shown on the map attached and incorporated as Exhibit B, save and except the oil and gas rights, with no rights of exploration or production. 2 2 l70 SECTION 3. That the public convenience and necessity require condemnation of the Parcel in order to acquire it for the Holly Road improvements, Phase I and for other municipal purposes. SECTION 4. That the City Attorney is hereby authorized and directed to institute condemnation proceedings against Sigmor Corporation, against all the other owners, lienholders, and all 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 or production, and to proceed with the condemnation to obtain possession of and title to the Parcel for use in the Holly Road Street Improvement Project and for other municipal purposes. SECTION 5. That this Resolution shall take effect immediately from and after its passage. ATTEST: City ecretary MAYOR THE CITY OF APPROVED: (9 DAY OF ©bAl , 1994. JAMES R. BRAY, JR., CITY ATTORNEY By: Alison GallaWay Assistant City Attorney e LL AG5000.547vr 2 US CHRISTI Holly Road Street Improvements -Ayers Street to Rodd Field Road Parcel 2-16 (Gardendale Subdivision Lot 20A. Stk.]) ROSA\GE"AMB\HOLLY" 2.16 STATE OF TEXAS COUNTY OF NUECES BEING A 291.03 SQUARE FOOT (0.007 ACRE) TRACT OF LAND, OUT OF LOT 20A, BLOCK 7, GARDENDALE SUBDIVISION, A MAP OF WHICH IS RECORDED IN VOLUME 35, PAGE 108, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Beginning at a point on the northeast right-of-way line of a 60.00 foot wide road known as Holly Road, same being the southwest boundary line of said Lot 20A, for the south corner of this tract from which point the South corner of Lot 20A, bears South 61°00'40" East, a distance of 66.92 feet; Thence, North 61°00'40" West, with the above-described common boundary line of said Lot 20A and Holly Road, a distance of 14.99 feet to the point of curvature of a circular curve to the right, for a corner of this tract, which curve has a central angle of 90°04'08", a radius of 10.00 feet, a tangent distance of 10.01 feet and an arc length of 15.72 feet; Thence, with said curve to the right in a northerly direction an arc distance of 15.72 feet, to a point, on the southeast right-of-way line of an 80.00 wide road known as Everhart Road, same being the northwest boundary line of said Lot 20A, for a corner of this tract; Thence, North 29°03'28" East, with the above-described common boundary line of said Lot 20A and Everhart Road, a distance of 14.99 feet, to a point, for the north corner of this tract, from which point the north corner of said Lot 20A, bears North 29°03'28" East, a distance of 125.00 feet; Thence, South 15°58'36" East, a distance of 35.34 feet to the POINT OF BEGINNING and containing 291.03 square feet (0.007 Acre) of land. T T Corpus Christi, Texas 2,6 day of C C+C r 19 1 The above resolution was passed by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols David Noyola Clif Moss \forms\066 Ouuvu avy X92''10