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HomeMy WebLinkAbout022472 RES - 01/23/1996A RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE TITLE TO FIVE PARCELS OF LAND FOR THE OCEAN DRIVE SPUR 3, PHASE 1 PROJECT AND TO ACQUIRE A 20 -FOOT TEMPORARY CONSTRUCTION EASEMENT ADJACENT TO AND ALONG THE PARCELS AND TO ACQUIRE THE PARCELS 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 Roanne Riddick, William McDonald Riddick, Warren Pretlow Riddick, and Patricia Swaim Riddick, AND GEORGE MORSE, III, LIENHOLDER; AND RESCINDING RESOLUTION NO. 022434. WHEREAS, it is necessary to acquire, for and on behalf of the City, certain parcels of land, 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 Roanne Riddick, William McDonald Riddick, Warren Pretlow Riddick, and Patricia Swann Riddick; And George Morse, III, Lienholder; 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 pursuant to Law have provided the owners with appraisal reports; WHEREAS, the Owners and claimed owners have been unable to agree with the City on the Parcels'and easments 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 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: SECTION 1. That the City of Corpus Christi has transmitted a bona fide offer, including appraisal reports, to the Owners and claimed Owners of the Parcels and the 20 -foot temporary 4250\second.res.as p 2 2 ,17 2 46,0104 0 construction easements; 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 Roanne 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. Rescinding Resolution No. 022434. SECTION 6. That this resolution shall take effect immediately from and after its passage. ATTEST: /SS/4M ARMANDO CHAPA, Cit ( ecretary APPROVED: J DAY OF MAYOR MAODES THE CITY OFC PUS CHRISTI 1a0P44uc Alison Gall ay Assistant City Attorney 4250\second. res. as 19c1c. Corpus Christi, Texas 23 Day of Javn , 19 qL 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 (1224 72 03 / or air aide