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Home My WebLink About022434 RES - 12/12/1995A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO FIVE PARCELS OF LAND ALONG OCEAN DRIVE EAST OF ITS INTERSECTION WITH ALAMEDA STREET FOR THE OCEAN DRIVE SPUR 3-PHASE 1 PROJECT AND TO ACQUIRE A 20 FOOT TEMPORARY CONSTRUCTION EASEMENT ADJACENT TO AND ALONG THE EAST SIDE OF PARCEL 4 AND THE SOUTH SIDE OF PARCELS 4a AND 4c AND TO ACQUIRE THE PROPERTY AND CONSTRUCTION EASEMENT FROM THE OWNERS, AND CLAIMED OWNERS, WILLIAM P. RIDDICK INDIVIDUALLY, AND AS TRUSTEE, AND WILLIAM M. RIDDICK CO - TRUSTEE, AND JERRY E. FISCHER, TRUSTEE, FOR TRUSTS FOR CYNTHIA ROANE RIDDICK, WILLIAM MCDONALD RIDDICK, WARREN PRETLOW RIDDICK AND PATRICIA SWANN RIDDICK, AND GEORGE MORSE III, LIENHOLDER. WHEREAS, it is necessary to acquire, for on behalf of the City, certain parcels of land, along Ocean Drive east of its intersection with Alameda Street, described below (Parcels) and a 20 foot temporary construction easement adjacent to and along the East side of Parcel 4 and the South side of Parcels 4a and 4c; and WHEREAS, the Ocean Drive Spur 3 -Phase 1 Project requires acquisition of fee simple title in and to the Parcels, and of a 20 foot temporary construction easement adjacent to and along the East side of Parcel 4 and the South side of Parcels 4a and 4c, from the owners and claimed owners, William P. Riddick Individually, And As Trustee; and William M. Riddick, Co -Trustee; And Jerry E. Fischer, Trustee, for trusts for Cynthia Roane Riddick, William McDonald Riddick, Warren Pretlow Riddick And Patricia Swann Riddick; And George Morse III, Lienholder; and WHEREAS, the City has made an offer to purchase the Parcels, and temporary constuction easement, for the sum of $20,602.00 based on the fair market value established by an independent appraiser; and WHEREAS, the Owners and claimed owners have been unable to agree with the City on the fair market value of the Parcels and easments 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 Parcels, save and except oil and gas rights with no rights of exploration, and to acquire a 20 foot temporary construction easement adjacent to and along the East side of Parcel 4 and the South side of Parcels 4a and 4c. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: cb95\spur3.res.as M%CRtW UMED SECTION 1. That the City of Corpus Christi has transmitted a bona fide offer to the Owners and claimed Owners of the Parcels and adjacent land; and the Owners and claimed Owners and the City of Corpus Christi have negotiated and cannot agree on the value of the Parcels and temporary easement and further settlement negotiations are futile. SECTION 2. That public necessity requires acquisition of the unencumbered fee simple title to the Parcels, save and except oil and gas rights with no rights of exploration, and to acquire a 20 foot temporary construction easement adjacent to and along the East side of Parcel 4 and the South side of Parcels 4a and 4c. SECTION 3. That the public necessity and convenience require condemnation of the Parcels and temporary construction easement, in order to acquire them for widening of Ocean Drive, expansion of a utility corridor, and improvements therein, and for other municipal purposes. SECTION 4. That the City Attorney is hereby authorized and directed to institute condemnation proceedings against William P. Riddick Individually, And As Trustee; and William M. Riddick, Co -Trustee; And Jerry E. Fischer, Trustee, for trusts for Cynthia Roane Riddick, William McDonald Riddick, Warren Pretlow Riddick And Patricia Swann Riddick; And George Morse III, Lienholder; Owners and claimed Owners of the Parcels and land adjacent, and against all other owners, lienholders, and other holders of an interest in the Parcels, to acquire the unencumbered fee simple title to the Parcels, save and except the oil and gas rights with no right of exploration; which parcels are located in Nueces County Texas and more fully described on Exhibits A - E which are attached and made a part hereof, and to acquire a 20 foot temporary construction easement adjacent to and along the East side of Parcel 4 and the South side of Parcels 4a and 4c. SECTION 5. That this resolution shall take effect immediately from and after its passage. ATTEST: ARMANDO CHAPA,'City Secretary APPROVED: MAYbR M RHODES THE CITY OF ORPUS CHRISTI DAY OF ark11x.40.0V , 19g5 . ByC A afLauutLif Alison Gallaway Assistant City Attorney cb95\spur3.res.as Corpus Christi, Texas fL day of l)rY14Jti� , 19 @frj; The above resolution was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols \forms\066 t LI'i c l 3 130 SSo. Spur 3, Phase I -Ocean Drive Parcel 4 STATE OF TEXAS COUNTY OF NUECES BEING A 15,668.73 SQUARE FOOT (0.360 ACRE) TRACT OF LAND OUT OF LOT 5, SECTION 16, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41- 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Beginning at a 5/8 inch iron rod, set, on the east boundary line of Edgewater Terrace Subdivision, a map of which is recorded in Volume 7, Pages 38 & 39, of the map records of Nueces County, Texas, for the southwest corner of this tract, same point being the northeast corner of Lot 3, Block 2, said Edgewater Terrace Subdivision; Thence, North 350 33' 18" East with said east boundary line of Edgewater Terrace, at 156.60 feet, pass a 5/8 inch iron rod, found for the common east corner of Lots lA and 2A, Block 2, Edgewater Terrace Subdivision, a map of which is recorded in Volume 53, Page 157, of the map records of Nueces County, Texas, continuing with said east boundary line of Edgewater Terrace Subdivision, in all a distance of 362.93 feet, to a 5/8 inch iron rod, set, at it's intersection with south right-of-way line of an 80.00 foot wide road, known as Ocean Drive, for the northwest corner of this tract, same point being the northeast corner of said Lot 1A; Thence, South 710 57 09" East, with said south right-of-way line of Ocean Drive, a distance of 21.36 feet, to a 5/8 inch iron rod, set, for the northeast corner of this tract; Thence, South 20° 55' 58" West, a distance of 42.14 feet, to a 5/8 inch iron rod, set, for a corner of this tract; Thence, South 26° 33' 18" West, a distance of 135.00 feet, to a 5/8 inch iron rod, set, for a comer of this tract; Thence, South 38° 39' 18" West, a distance of 195.53 feet, to a 5/8 inch iron rod, set, for the southeast corner of this tract; Thence, North 54° 26' 42" West, a distance of 41.55 feet to the PLACE OF BEGINNING and containing 15,668.73 square feet (0.360 acre) of land. 1 m ,4{ 9/05— David A. Pyle R.P.L. . # 4700 Lot 16 Block 1 Edgewater Terrace Subdivision Vol. 7. Pg. 38 8 39 MRN.C.7. The CoLtIty Line Procrtles Inc Vol. 2158. P0724 ORNCL I— I/ Second Convenience Store Properties/ Co�prat/nn m Vol 2115 Pg 1010 / / DANCE 1A 0 iv 4-4... /Ilikek 40 k� / ob 0) a/. �& oct? �'i ? �44 D C / / / FS Sr Ian Rod Premier FtnaUp G'Ono Ina Don 1949439 FW 7. 1995 1007 UE las a &MOM / 01.1041. 2A 3 Point of Beginning k Ocean S 71° 5709•E 2136' sot se - kw s e•Tans e Pt Lot 17 Block 1 301 ar Ian 1.m • / Drive S 20° 55' 58' W 4214' Sat a/e' Tan Rod • p i N O m --- �cK �t0 r' �, M�.I�Jcarer. E* eit 20)0 i 9 ec ,tomo Is / WlLUa, P. Wddlat TlTstee Vol 1784 Pa 471 DRncr. 4 „Wry E Fisher Testae. Vol 158a Pa 1033 DRNCT. Abbe 5/e' Iron rods set at all corners except as Moth otherwise OF P••oneri.s4. 0; ts 40 • N 50 0 50 100 Sada N Feet / 27 naeortiore COST. ECC -"Sepia' Iat ROI Rod N 54° 26' 42' W 4L55' DAVID A. PYLE 4700 v: es.... 4 ;cftanc+40e �OBUPV4+ a 1 This map vas prepared frtv a Sway SS on the gnarl m JAY 1a 1995 miler M direction 9//)- L is' 4700 Oe did A Py Ocean Drive / Spur 3 Parcel 4 Bong a 1.166673 spare foot WOO Acer treat of and Clit of Lot 5 SaoClm 14 Mar Bluff s Fife nL Fere a Orden tracts nese of Noah Is recorded in VIOL A Pµ0 41-43 of the asp rads of Naas cony. Teas CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Survey Division Date 090495 Draws ay MT. Oraked By. SS. Spur 3, Phase I -Ocean Dr Parcel 4a STATE OF TEXAS COUNTY OF NUECES BEING A 26,601.63 SQUARE FOOT (0.611 ACRE) TRACT OF LAND OUT OF THAT CERTAIN 37.091 ACRE TRACT OF LAND DESCRIBED IN FINAL JUDGEMENT RENDERED IN CAUSE NO. 88475-B, OF THE 117TH DISTRICT COURT OF NUECES COUNTY, TEXAS AND BEING OUT OF ORIGINAL CAYO DEL OSO STATE TRACT "C", PATENT NO. 158. Beginning at a 5/8 inch iron rod, set, on the south right-of-way line of an existing 80.00 foot wide road, known as Ocean Drive, at it's intersection with the west boundary line of said Tract "C", for the northwest corner of this tract, from which point a 1 inch iron pipe found, on the east boundary line of Lot 1A, Block 2, Edgewater Terrace Subdivision, a map of which is recorded in Volume 53, Page 157, of the map records of Nueces County, Texas, bears South 61° 31' 37" West, a distance of 46.17 feet; Thence, South 71* 57' 22" East, with said south right-of-way line of Ocean Drive, a distance of 425.62 feet to a 5/8 inch iron rod, set, at it's intersection with the east boundary line of said 37.091 acre tract, for the northeast corner of this tract; Thence, South 370 35' 48" West, with said east line of the 37.091 acre tract, a distance of 62.49 feet, to a 5/8 inch iron rod, set, for the southeast corner of this tract; Thence, North 72° 18' 06" West, a distance of 146.67 feet, to a 5/8 inch iron rad, set, on the aforementioned west boundary line of Tract "C", for the southwest corner of this tract; Thence, North 710 57' 09" West, a distance of 186.93 feet, to a 5/8 inch iron rod, set, for a confer of this tract; Thence, South 780 47' 48" West, a distance of 94.84 feet, to a 5/8 inch iron rod, set, on the aforementioned west boundary line of Tract "C", for a corner of this tract; Thence, North 26° 33' 18" East, with said west boundary line of Tract "C", a distance of 64.13 feet, to a 5/8 inch iron rod, set, for a corner of this tract; Thence, North 20° 55' 58" East, continuing with said west boundary line of Tract "C", a distance of 42.73 feet, to the PLACE OF BEGINNING and containing 26,601.63 square feet (0.611 acre) of land. David A. Pyle, R.P.L. . # 4700 e i s o9e e -ce<<av 16 vol 7, Pgs. 38-39. N.C.MR. Point 0I Beginning 17 Slack?� \ /‘,%:\ Vol. 33. P¢ 57, NGMR. Vol. 53. Pg 157. NGMR' eebs,rIrcin 411\litil‘111 ve • 21 E O \ l Block .117 �e i 1rlllllll�11%It!k Imo9o1 ..\ William P. Riddck. Trustee I��UIr►� Vol. 1766. Pg. 471. D.RN.C. T: \ 5?ak NN Il \ .\\N\ / / Jerry E Fisher. Trustee s \\ \ a \ \\ ^y �e Vol. 1590, Pg 1035, D.R.NCT. \\ A\\ \\. $reo \\ °r \\ Q • •to \ \ 4z 90 \ \ \ \ o \\ / / �:. \\ \N \ / \` �s —� me \ \ \ S e °r 0 This map vas prepared from a svvey, nage on vie grown on July 17, 1995 ✓ider my direction David A Pyle R /6/5.r 0700 B :00 0 I00 200 Scale in Feet / /0 / 00 MOTE 5/8 !non iron set at all corners Owen Drive / .Sow 3 Pantie! 44 Being a 2660163 Saare foot 0.611 Aa -el tract of land out of that certain 37.091 acre tract of' land described In final Asi aeent rendered in Cause Ma 88475-8 of the 117th District Cart of Maces Canty, Texas and being out of original State Tract a Patent Na 158 CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Strvey Division Date 09415/95 Oran Br D.P. arced Br. Spur 3 -Phase I -Ocean Dr. Parcel 4b STATE OF TEXAS COUNTY OF NUECES BEING A 2,366.61 SQUARE FOOT (0.054 ACRE) TRACT OF LAND OUT OF THAT CERTAIN 37.091 ACRE TRACT OF LAND DESCRIBED IN FINAL JUDGEMENT RENDERED IN CAUSE NO. 88475-B, OF THE 117TH DISTRICT COURT OF NUECES COUNTY, TEXAS AND BEING OUT OF ORIGINAL CAYO DEL OSO STATE TRACT "C", PATENT NO. 158. Beginning at a 5/8 inch iron rod, set, for the northeast corner of this tract, same point being the common north corner of said 37.091 acre tract and a 34.856 acre tract which is also described in said Cause No. 88475-B; Thence, South 37° 35' 48" West, with the common boundary line of said 37.091 acre and 34.856 acre tracts, a distance of 10.61 feet, to a 5/8 inch iron rod, set, on the north right-of-way line of an existing 80.00 foot wide road, known as Ocean Drive, for the southeast corner of this tract; Thence, North 71° 57' 22" West, with said north right-of-way line of Ocean Drive, a distance of 195.84 feet to a 5/8 inch iron rod, set, for the southwest corner of this tract same point being the southeast corner of Lot 17, Block 1, Edgewater Terrace Subdivision, a map of which is recorded in Volume 33, Page 57, of the map records ofNueces county, Texas; Thence, North 14° 40' 14" East, with the east boundary line of said Lot 17, a distance of 14.03 feet, to a 5/8 inch iron rod, set, on aforementioned north boundary line of the 37.091 acre tract, for the northwest comer of this tract; Thence, South 70° 46' 12" East, a distance of 193.63 feet, to a 5/8 inch iron rod, set, for a corner of this tract; Thence, South 71° 57' 22" East, continuing with said north boundary line of the 37.091 acre tract, a distance of 6.63 feet, to the PLACE OF BEGINNING and containing 2,366.61 square feet (0.054 acre) of land. DAVID A. PYLE / 4,jefy t - /v tis- David r David A. Pyle, R.P.L. # 4700 /01. a _z tee( 16 \ ✓ol. 7. Pgs. 38-39. . e( \ Block 2v 53. Pg 157. N.C.MR. _A \� 1 2A \ Fd NC.MR. B1ocK :7 N \\ 101. 33. Pg. 57. AWMR. 0 \\ I SrOr p�?//� % \N` ` \ N 14'40'14' E \\\\ p^Ia \\\ 7 14.03 \ \ \ \ 411 v raN N. X110 \ `\\ \ ti. 15111—I ~.>. \ 4b. 1 1111s�. \ \ \ yo4 111 / BsOhmiPOMCofng NN N \ \ Ip. N\ N S 37'35'48' w \\ \ 1 ray \j / N N � N Jerry E. Fisher. Trustee \ \ N \ S VoL 1590. Pg. 1035. D.R.NC.T. \\ t\ \ b \\\ ^�ad vs, 4, \ `\ \ \ rte$\\ Or 0\\ , \LC- \' \ 9ea6 \ N y \ 44 William P. Riddck, Trustee Vol. 1766. Pg 471. D.R.NC.T. do S 71'5722' E 6.63 10.61' Co O mis mao was prepared from a servey. Wade o, the crowd on ..lily 17. 1995. ismer my direction David A. Pyle RPl..s 047 100 p 100 0 Scale in Feet Oo / \ $ \ \ e y\ \ \\\ N \ NOTE 5/8 frith iron set at all corners Ocean Drive / Sar 3 Revel 469 Being a 236661 San foot (2054 Acre) tract of land out of that certain 37.091 acre tract of lard described In final Judgement rendered In Cause N1 88475-a of the 117th District Cart of Nieces Canty, Texas and being out of original State Tract C Patent Net 158 CITY of CORPUS CHRIST! TEXAS Department of Engineering Services Suvey Division Data; 08/15/95 Drawn Br DP. Checks Br Spur 3, Phase I -Ocean Dr Parcel 4c STATE OF TEXAS COUNTY OF NUECES BEING A 17,244.84 SQUARE FOOT (0.396 ACRE) TRACT OF LAND OUT OF THAT CERTAIN 34.856 ACRE TRACT OF LAND DESCRIBED IN FINAL JUDGEMENT RENDERED IN CAUSE NO. 88475-B, OF THE 117TH DISTRICT COURT OF NUECES COUNTY, TEXAS AND BEING OUT OF ORIGINAL CAYO DEL OSO STATE TRACT "C", PATENT NO. 158. Beginning at a 5/8 inch iron rod, set, on the south right-of-way line of an existing 80.00 foot wide road, known as Ocean Drive, at it's intersection with the west boundary line of said 34.856 acre tract, for the northwest corner of this tract, from which point a 1 inch iron pipe found, on the east boundary line of Lot 1A, Block 2, Edgewater Terrace Subdivision, a map of which is recorded in Volume 53, Page 157, of the map records of Nueces County, Texas, bears North 71° 57' 22" West, with said south right-of-way line of Ocean Drive, a distance of 446.82 feet, to a point, for the northeast corner of said Lot lA and thence South 35° 33' 2? West, with said east boundary line of Lot 1A, a distance of 34.51 feet; Thence, South 71° 57' 22"East, with said south right-of-way line of Ocean Drive, a distance of 321.00 feet to a 5/8 inch iron rod, set, at it's intersection with the east boundary line of said 34.856 acre tract, for the northeast corner of this tract; Thence, South 67° 48' 58" West, with said east line of the 34.856 acre tract, a distance of 88.62 feet, to a 5/8 inch iron rod, set, for the southeast corner of this tract; Thence, North 72° 18' 06" West, a distance of 274.26 feet, to a 5/8 inch iron rod, set, on the aforementioned west boundary line of 34.856 acre tract, for the southwest corner of this tract; Thence, North 370 35' 48" East, with said west boundary line of 34.856 acre tract, a distance of 62.49 feet, to the PLACE OF BEGINNING and containing 17,244.84 square feet (0.396 acre) of land. Ageoliel David A. Pyle, R.P.L.S. 4700 ccsv (e Vol. 7. Pgs. 35-39. N.C.MF +e( \ ew- 91ocK 1 o4. \ NS 35'3727' v 31oCK Z \ 34.51' Vol. 53. Pg. 157. NGMR. ZA 910 lroc 1 / 0 2A N ao \\ N A A9, \\N `\ !\ \sem, �. \ \\ \ \ \a• o4.' \`� 9`\ qs P Nom. \ �N. v v A� \\ \ 9) \ \ \N \ E �� ( A0 William P. Aiddck, Trustee \`\ 1-1°30 A9 Point Of \N 411 I1\1\\B\i\eginnIng I \ 17 Pg 57. NC..KR 00 Vol. 1766. Pg. 471. D.R.N.C.T $ iN Jerry E Fisher. Trustee Vol. 1590. Pg. 1035. D.R.NC.T. • 0 This map was orepared from a sWey. rade on the crowd a+ ..1/lY 17. 1995 under my directiat /A xar T . EASENY MENT / \ OTT. EDIT 0 00 0 100 200 Scale in Feet lII • • �.. ''o \`\\ air to N‘\\111th. \, \. cs 'c\�/ / /0 / O S 67°48'5e• W NOTE. 5/8 !mn iron set at all centers Ocean Drive / Spar 3 Parcel 4C Being a 17244.84 Spare foot (a3396 Acrel tract of land out of that certain 34.856 acre tract of land described in final judgement rendered In Cause No. 88475-8 of the 127th District Cart of Maces Canty, Texas and being out of original State Tract C Patent Na 158 CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Strvey Division Oats: 09/05/95 Dram By Checked By. Spur 3 -Phase I -Ocean Dr. Parcel 4d STATE OF TEXAS COUNTY OF NUECES BEING A 3,315.35 SQUARE FOOT (0.076 ACRE) TRACT OF LAND OUT OF THAT CERTAIN 34.856 ACRE TRACT OF LAND DESCRIBED IN FINAL JUDGEMENT RENDERED IN CAUSE NO. 88475-B, OF THE 117TH DISTRICT COURT OF NUECES COUNTY, TEXAS AND BEING OUT OF ORIGINAL CAYO DEL OSO STATE TRACT "C", PATENT NO. 158. Beginning at a 5/8 inch iron rod, set, for the northwest corner of this tract, same point being the common north corner of said 34.856 acre tract and a 37.091 acre tract which is also described in said Cause No. 88475-B; Thence, South 71° 57' 22" East, with the north boundary line of said 37.091 acre tract, a distance of 329.77 feet, to a 5/8 inch iron rod, set, for the northeast corner of this tract, same point being the northeast corner of said 34.856 acre tract; Thence, South 18° 02' 38" West, with the east boundary line of said 34.856 acre tract, a distance of 10.00 feet, to a 5/8 inch iron rod, set, on the north right-of-way line of an existing 80.00 foot wide road, known as Ocean Drive, for the southeast corner of this tract; Thence, North 71° 57' 22" West with said north right-of-way line of Ocean Drive, a distance of 333.32 feet to a 5/8 inch iron rod, set, on the common boundary line of said 34.856 acre tract and aforementioned 37.091 acre tract, for the southwest corner of this tract; North 37° 35' 48" East with said common boundary line a distance of 10.61 feet, to the PLACE OF BEGINNING and containing 3,315.35 square feet (0.076 acre) of land. David A Pyle, R.P.E.S. # 470 — wa e isge \ B1c_K 2N Vol. 53. cc: 157. NCMR. _A -(e(c :6 vol. 7. cgs. 38-39 B1OCK 1 \ 17 val. 33, Pg. 57. N.C.MR. 09e C7:// A � A\ Iron 2A F�� \ `� \ e°00. $ \\ / \ ▪ \ \ N ▪ -0 ,s • aC \ \ • William P. Riddck. Trustee VoL 1766 Pg. 471, D.R.NC T. Jerry E. Fisher, Trustee VoL 1590. Pg. 1035. D.RNC.T 0 a.O This map as prepared from a sway made on re crowd on Sly 17. 1998 ander /' m/ = y'ection ��jjddd '# /D'4r David A FTyle R.P.L. #4700 100 0 100 \ \ • \\ Point Of Beginning N 37'35'49' E 1261' 7 m Scale in Feat s ti 'j' 4' 0 0°re, i. \\ �\ • N OHO `.a • \ \• \ \• \\ \ '1 \ \\ \ \ / \ \ \ S 18'02'38' u • \ \ \ 20.00' • net£ 5/8 inch iron sec at all corners Ota Drive / Sptr 3 Parcel 4D Being a 3,31535 Spare foot (2076 Ave) tract of land out of flat certain 34856 acre tract of lard described In final }dpeaent rendered in Cause M1 88475-9 of the 117th District Cont of Maces Canty, Texas and being out of original State Tract C Patent Ni 15& CITY of CORPUS CHRISTI TEXAS Department of Engineering Services Survey Division Date. 08/16/95 Dem, By D.P. 0ledad By Owe