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HomeMy WebLinkAbout023645 RES - 05/25/1999RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO 19.023 ACRES OUT OF THE SOUTHERLY -HALF OF SECTION 29 LAURELES FARM TRACTS BEGINNING APPROXIMATELY 350 -FEET SOUTH OF THE INTERSECTION OF SOUTH STAPLES STREET AND COUNTY ROAD 43 TO CONSTRUCT A WATER STORAGE RESERVOIR, WATER PIPELINES, ROAD, AND DRAINAGE IMPROVEMENTS AND FOR OTHER MUNICIPAL PURPOSES FROM THE OWNERS JOE E. GARRETT, LINDA JAMIESON, AND SUSAN WRIGHT,WHO OWN AN UNDIVIDED % INTEREST, JOSEPH DONALD CABLE, PARTNER, ON BEHALF OF CABLE FARMS II, LAURELES DIVISION, WHO OWNS AN UNDIVIDED'/ INTEREST, AND CHRISTOPHER H. CABLE, MANAGING PARTNER, ON BEHALF OF C.H. CABLE FARMS PARTNERSHIP, WHO OWNS AN UNDIVIDED'/ INTEREST (COLLECTIVELY CALLED "OWNERS"). WHEREAS, it is necessary to acquire fee simple title to 19.023 acres out of the Southerly - half of Section 29 Laureles Farm Tracts beginning approximately 350 -feet South of the intersection of South Staples Street and County Road 43, as described on the attached Exhibit A, on behalf of the City to construct a Water Storage Reservoir, Water Pipelines, Road, and Drainage Improvements and for other municipal purposes; and WHEREAS, the 19.023 acres is made up of 8 separate parcels collectively called "Parcels" herein; and WHEREAS, the City has made an offer to purchase the Parcels for the sum of $85,590 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, Joe E. Garrett, Linda Jamieson, and Susan Wright, who own an undivided Yz interest, Joseph Donald Cable, partner, on behalf of Cable Farms II, Laureles Division, who owns an undivided %a interest, and Christopher H. Cable, Managing Partner, on behalf of C.H. Cable Farms Partnership, who owns an undivided %< interest (collectively called "Owners"), have been unable to agree with the City on the fair market value of the Parcels and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to 19.023 acres out of the Southerly -half of Section 29 Laureles Farm Tracts beginning approximately 350 -feet South of the intersection of South Staples Street and County Road 43, as described on the attached Exhibit A, save and except oil and gas rights. 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 appraisal replats and made a bona fide offer to the Owners (Joe E. Garrett, Linda Jamieson, and Susan Wright,who own an undivided 'h interest, Joseph Donald Cable, partner, on behalf of Cable Farms II, Laureles n:\LEG-DIR\VERONICA\ALISON\ORD99 600\AGORD99.674 (dkw) Division, who owns an undivided'' /4 interest, and Christopher H. Cable, Managing Partner, on behalf of C.H. Cable Farms Partnership, who owns an undivided '/4 interest) in the amount of $85,590 for 19.023 acres out of the Southerly -half of Section 29 Laureles Farm Tracts beginning approximately 350 -feet South of the intersection of South Staples Street and County Road 43, as described on the attached Exhibit A, and the Owners and the City of Corpus Christi have negotiated in good faith and cannot agree on the damages, and further settlement negotiations are futile. SECTION 2. That public necessity requires acquisition of the unencumbered fee simple title to 19.023 acres out of the Southerly -half of Section 29 Laureles Farm Tracts beginning approximately 350 -feet South of the intersection of South Staples Street and County Road 43, as described in the attached Exhibit A, save and except the City seeks to acquire no oil and gas rights. SECTION 3. That the public necessity and convenience require condemnation of 19.023 acres out of the Southerly -half of Section 29 Laureles Farm Tracts beginning approximately 350 -feet South of the intersection of South Staples Street and County Road 43, as described on the attached Exhibit A, in order to construct a Water Storage Reservoir, Water Pipelines, Road, and Drainage Improvements and for other municipal purposes. SECTION 4. That the City Attorney is hereby authorized and directed to institute condemnation proceedings against Joe E. Garrett, Linda Jamieson, and Susan Wright,who own an undivided % interest, Joseph Donald Cable, partner, on behalf of Cable Farms II, Laureles Division, who owns an undivided 1/4 interest, and Christopher H. Cable, Managing Partner, on behalf of C.H. Cable Farms Partnership, who owns an undivided '/4 interest, Owners of the Parcels, to acquire the unencumbered fee simple title to 19.023 acres out of the Southerly -half of Section 29 Laureles Farm Tracts beginning approximately 350 -feet South of the intersection of South Staples Street and County Road 43. as described on the attached Exhibit A, excluding the oil and gas rights, which Parcels are located in Nueces County, Texas. SECTION 5. That this resolution shall take effect immediately from and after its passage. ATTEST: Armando Chapa, City Secretary Legal form approved on Z5 -f By: CITY OF CORPUS CHRISTI amuel L. =. , Jr., Mayor , 1999; James R. Bray, Jr., City Attorney. Alison Gallaway, Assistant City Attorney H:ALEG-DIRVVERONICAAALISONVORD99.600AAGORD99.694 (dkw) Corpus Christi, Texas Ol J day of , 1999 The above resolution was pa d by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott H:\LEG-DIR\VERONICA\ALISON\ORD99.600\AGORD99.674 (dkw) 023645 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES t[EURBAN ENGINEERING Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355 FAX (361)854-6001 Tract 5 April 15, 1999 15.43 ACRE TRACT FIELD NOTES for a 15.43 acre tract of land. more or less, out of the southerly half of Section 29, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes; BEGINNING at a point in the centerline of County Road 43, from which a %z inch iron rod marking the centerline intersection of said South Staples Street (Fann Road 2444) and County Road 41 bears North, 350.00 feet, thence East, 5280.00 feet; THENCE South, along the said centerline of County Road 43, a distance of 792.00 feet to a corner of this tract; THENCE West, parallel to the centerline of South Staples Street, 1142.00 feet therefrom measured at right angles thereto, a distance of 755.00 feet to a corner of this tract; THENCE North 45° 00' 00" West, a distance of 141.42 feet to a corner of this tract; THENCE North, parallel to said centerline of County Road 43, 855.00 feet therefrom measured at right angles thereto, a distance of 692.00 feet to a corner of this tract; THENCE East, parallel to the centerline of South Staples Street, 350.00 feet therefrom measured at right angles thereto, a distance of 855.00 feet to the POINT OF BEGINNING and containing 15.43 acres ( 672160 square feet) of land, more or less. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. URBAN ENGINEERING Dan L. Urban, R.P.L.S. #4710 2725 SWANTNER DR. C \SDSKPROA33760198061fieldnotau'UMP STATION dac (mee) Exb. 19- I NORTH 642.00' COUNTY ROAD NO. 43 (40 RON) SOUTH 142.00' COUNTY ROAD NO. 41 (40 ROA) w -ORB a 8 a ' .G 110IHX3. REVISION. 4/14/94, REVISED BOUNDARY NORTH r--______ (361)854-3101 STATE OF TEXAS COUNTY OF NUECES Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 TRACT 1-A February 1, 1999 10 FOOT STREET FIELD NOTES for a 1.018 acre tract of land, more or less, out of the southerly half of Section 29, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes; BEGINNING at a point in the southerly boundary line of South Staples Street (Farm Road 2444) from which a A inch iron rod marking the centerline intersection of said South Staples Street and County Road 41 bears North, 40.00 feet, thence East,6094.61 feet; THENCE South. leaving said southerly boundary line of South Staples Street a distance of 10.00 feet to a corner of this tract; THENCE West parallel to southerly boundary line of South Staples Street 10.00 feet therefrom measured at right angles thereto, a distance of 4435.00 feet to a point in the easterly boundary line of Chapman Ranch Road (State Highway 286) and a corner of this tract; THENCE North, along said easterly boundary line of Chapman Ranch Road, a distance of 10.00 feet to a point in the said southerly boundary line of South Staples Street and a corner of this tracC THENCE East along the said southerly boundary line of South Staples Street a distance of 4435.00 feet to the POINT OF BEGINNING and containing 1.018 acres (44350.00 square feet) of land, more or Tess. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15. Map Records of Nueces County, Texas. URBAN ENGINEERING Dan L. Urban. RP.L.S. #4710 2725 SWANTNER E.PRON3764X9kidnotem2.54 cc.6oc imri Exb. A -a- CHAPMAN RANCH Rtn- D NORTH (401R014.1 �0.00. 66-2-2 '31V0 CelO td m rrl z 0 9086'09L£E 11 V 1 1191HXG» R NORTH s Sia COUNTY ROAD NO. 41 (40' ROJO (361)854-3101 STATE OF TEXAS COUNTY OF NUECES uimam ENGINEERING Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 TRACT 1-B February 1, 1999 FIELD NOTES for a 1.527 acre tract of land, more or less, out of the southerly half of Section 29, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes, BEGINNING at a point from which a 'A inch iron rod marking the centerline intersection of said South Staples Street and County Road 41 bean; North, 50.00 feet, thence East,6094.61 feet; THENCE South, a distance of 15.00 feet to a corner of this tract; THENCE West, parallel to southerly boundary line of South Staples Street, 25.00 feet therefrom measured at right angles thereto, a distance of 4435.00 feet to a point in the easterly boundary line of Chapman Ranch Road (State Highway 286) and a corner of this tract; THENCE North, along said easterly boundary line of Chapman Ranch Road, a distance of 15.00 feet to a corner of this tract; THENCE East, parallel to southerly boundary line of South Staples Street, 10.00 feet therefrom measured at right angles thereto, a distance of 4435.00 feet to the POINT OF BEGINNING and containing 1.527 acres ( 66525.00 square feet) of land, more or less. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. URBAN ENGINEERING Dan L. Urban. RP.L.S. #4710 2725 SWANTNER DR. • E `PRON3/60'9806\fieWnot '1 51 ac unWv doc I maul Exbr-3 (361)854-3101 STATE OF TEXAS COUNTY OF NUECES L uRS ENGINEERING Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355 FAX (361)854-6001 TRACT February 1, 1999 FIELD NOTES for a 0.26 acre tract of land, more or less, out of the southerly half of Section 29, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes: BEGINNING at a point from which a ''A inch iron rod marking the centerline intersection of said South Staples Stmt and County Road 41 bears North. 65.00 feet, thence East,6094.61 feet; THENCE South, a distance of 285.00 feet to a corner of this tract THENCE West, a distance of 40.00 feet to a corner of this tract; THENCE North, a distance of 285.00 feet to a corner of this tract; THENCE East, parallel to southerly boundary line of South Staples Street, 25.00 feet therefrom measured at right angles thereto, a distance of 40.00 feet to the POINT OF BEGINNING and containing 0.26 acres (11,400.00 square feet) of land, more or less. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15. Map Records of Nueces County, Texas. URBAN ENGINEERING 2725 SWANTNER DR. E:'PxON716o 9806\Seidmaa33 ss-0as mw c• tiza Dan L. U S. 44710 OF fiAN015Tes }7 03 Q, R * a.i DAN LEE URDAN Exb. ef-4 caz.o. —1 NORTH 275.00' 275.00' B il 3�m A' Jit 90196'09L£t '0 40.00' NORTH , GOUPf1 ' ROAD NO. 41 pa av++1 (361)854-3101 P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355 STATE OF TEXAS COUNTY OF NUECES TRACT 3-A January 27, 1999 10 FOOT STREET Job No. 33760.98.06 FAX (361)854-6001 FIELD NOTES for a 0.071 acre tract of land more or Tess, out of the southerly half of Section 29, Lourdes Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, to which reference is here made for all pertinent purposes; BEGINNING at a point in the intersection of the southerly boundary line of South Staples Street (Farm Road 2444) and the westerly boundary line of County Road 43, from which a' 'A inch iron rod marking the centerline intersection of said South Staples Street and County Road 41 bears North, 40.00 feet, thence East, 5300.00 feet, THENCE South, along the said westerly boundary line of County Road 43, a distance of 310.00 feet to a corner of this tract; THENCE West, parallel to said southerly boundary line of South Staples Street, 310.00 feet therefrom measured at right angles thereto. a distance of 10.00 feet to a corner of this tract THENCE North, parallel to said westerly boundary line of County Road 43, 10.00 feet therefrom measured at right angles thereto. a distance of 310.00 feet to a point in said southerly boundary line of South Staples Street and a corner of this tract; THENCE East, along the said southerly boundary line of South Staples Street, a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.071 acres ( 3100.00 square feet) of land more or less. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County. Texas. 2725 SWANTNER EWRON376C&I06\6tl&mna I7 ac.doc burl URBAN ENGINEERING Dan L. Urban, RP.L.S. #4710 Ey, b A-5 90'92'09LQG 'ON GOr gym' NORTH 3 10.00' „d £ JJGIHXa1 310.00' 9 NORTH ^` COUNTY ROA N0. 41 (40' RDY) (361)854-3101 STATE OF TEXAS COUNTY OF NUECES URBAN ENGINEERING Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355 FAX (361)854-6001 TRACT 3-B January 27, 1999 FIELD NOTES for a 0.107 acre tract of land, more or less, out of the southerly half of Section 29, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas. to which reference is here made for all pertinent purposes: BEGINNING at a point in the intersection of the southerly boundary line of South Staples Street (Farm Road 2444), from which a %2 inch iron rod marking the centerline intersection of said South Staples Street and Courcy Road 41 bears North, 40.00 feet, thence East, 5310.00 feet THENCE South, parallel to the westerly boundary line of County Road 43, 10.00 feet therefrom measured at right angles thereto, a distance of 310.00 feet to a corner of this tract THENCE West, parallel to said southerly boundary line of South Staples Street, 310.00 feet therefrom measured at right angles thereto, a distance of 15.00 feet to a corner of this tract, THENCE North, parallel to said westerly boundary line of County Road 43, 25.00 feet therefrom measured at right angles thereto. a distance of 310.00 feet to a point in said southerly boundary line of South Staples Street and a corner of this tract: THENCE East along the said southerly boundary line of South Staples Street, a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.107 acres ( 4650.00 square feet) of land, mom or Less. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15. Map Records of Nueces County, Texas. URBAN ENGINEERING Dan L. Urban. R.P.L.S. #4710 2725 SWANTNER DR. Erb . PH9 E.`PRON376019806&l&em417 ac Namye4ac Imre 31V7co °1-i0N' 1VOS (512)854-3101 STATE OF TEXAS COUNTY OF NUECES YRBAH ENGINEERING Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI. TEXAS 78466-6355 FAX (512)854-6001 TRACT 4-A January 27. 1999 10 FOOT STREET FIELD NOTES for a 0.25 acre tract of land. more or less. out of the southerly half of Secsion 29. Lawrie! Farm Tracts a map of which is recorded in Volume 3. Page 15. Map Records of Nue rs County. Texas to which reference is here made for all pertinent purposes: BEGINNING at a point in the westerly boundary line of County Road 43. from which a 4 inch iron rod marking the centerline intersection of South Staples Street (Farm Road 2444) and County Rad 41 bears North. 1142.00 feet. thence East 5300.00 fat; THENCE South, along the said westerly boundary line of County Road 43, a distance of 1075.33 feet to a corner of this tract THENCE North 47' 00' 52" West a distance of 13.67 fat to a corner of this tract; THENCE North, parallel to said westerly boundary line of County Road 43, 10.00 feet therefrom measured at right angles thereto. a distance of 1066.01 fat a corner of this tract THENCE East. a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.25 acres ( 10706.67 square feet) of land. more or less. Bearings based on the recorded map of Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15. Map Records of Nueces County Texas. Ewwntneseooarraistel ram a Dan L. Urban. i.P.L.S. #4710 E0b, n 9 O V b 1191HX3, £1 1 9 b EAST 1000' x000 z 0 xJ SOUTH STAPLES STREET (PM 24449 (512)854-3101 STATE OF TEXAS COUNTY OF NUECES Job No. 33760.98.06 P.O. BOX 6355 • CORPUS CHRISTI, TEXAS 78466-6355 FAX (512)854-6001 TRACT 4-B January 27. 1999 15 FOOT DRAINAGE FIELD NOTES for a 0.36 acre tract of land. more or fess. out of the southerly half of Section 29. Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15. Map Records of Nueces County. Texas. to which reference is here made for all pertinent purposes; BEGINNING at a point. from which a 'h inch iron rod marking the centerline intersection of South Staples Street (Farm Road 2444) and County Road 41 bears North. 1142.00 feet, thence East. 5310.00 feet; THENCE South, parallel to said westerly boundary line of County Road 43, 10.00 feet therefrom measured at right angles thereto. a distance of 1066.01 feet to a corner of this tract; THENCE North 47° 00' 52" West. a distance of 20.51 feet to a corner of this tract THENCE North parallel to said westerly boundary line of County Road 43, 25.00 feet therefrom measured at right angles thereto. a distance of 105103 feet a corner of this tract; THENCE East. a distance of 15.00 feet to the POINT OF BEGINNING and containing 0.36 acres ( 15885.24 square feet) of land. more or less. Bearings based on the recorded map of Laureles Farm Tracts. a map of which is recorded in Volume 3. Page 15, Map Records of Nueces County. Texas. Dan L. Urban. RP.L.S. #4710 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404 E.I➢RON176098065elilomw.DI •e artoyge.dee one, urban4c Ext, A-2 D r rn If 0 0 bb -Z -Z la dd 90'Qb'09LG€ 'ON GOf 14 591000 kg EAST 15001 40'- 1/Y IA SOUTH STAPLES STREET fl`i4 2444)