HomeMy WebLinkAbout023701 RES - 07/27/1999RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE
SIMPLE TITLE TO 3,185 SQUARE FEET OUT OF BLOCK A, PHARAOH VALLEY,
NORTHEAST SUBDIVISION, TO CONSTRUCT STREET IMPROVEMENTS AND FOR
OTHER MUNICIPAL PURPOSES, AND TO CONDEMN AN EASEMENT TO 2,908
SQUARE FEET OUT OF BLOCK A, PHARAOH VALLEY, NORTHEAST SUBDIVISION,
FOR UTILITY PURPOSES AND FOR OTHER MUNICIPAL PURPOSES, FROM THE
OWNERS, WHICH INCLUDE SEASIDE VILLA COUNCIL OF CO-OWNERS, INC., AS
TRUSTEE FOR THE UNIT OWNERS, AND THEIR LIENHOLDERS, FOR THE SPUR 3,
PHASE 2 IMPROVEMENTS PROJECT.
WHEREAS, it is necessary to acquire fee simple title to 3,185 square feet out of Block A,
Pharaoh Valley, Northeast Subdivision, as described on the attached Exhibit A, and to acquire an
easement to 2,908 square feet out of Block A, Pharaoh Valley, Northeast Subdivision, as
described on the attached Exhibit B on behalf of the City, to construct Road Improvements, for
Utility purposes for the Spur 3, Phase 2 Improvements Project and for other municipal purposes; and
WHEREAS, the property sought to be acquired by the City consists of common elements
of a condominium;
WHEREAS, the City has made an offer to purchase the Parcels for the sum of $17,305
based on the fair market value established by an independent appraiser; and pursuant to Law have
provided the Seaside Villa Council of Co -Owners, Inc., trustees for the unit owners ("Council"),
with appraisal reports. The City has been negotiating with the Council as trustee for the unit owners.
Pursuant to §82.007(c), Texas Property Code Ann. (1998), the award must be paid to the
"association" [i.e. the Council], as trustee for the unit owners, and to persons holding liens on the
condemned property as their interests may appear [i.e. lienholders] because the City is aquiring a
portion of the common elements of a condominium.
WHEREAS, the Seaside Villa Council of Co -Owners, Inc., as trustee for the unit owners,
has agreed in principle to the fair market value the City has offered, but alleges it does not have the
authority to convey the property needed for the Improvements to the City due to the Condominium
Declarations, and the individual unit owners have no legal ability to convey the common elements
to the City; therefore, the proper entities are 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 3,185 square feet out of Block A, Pharaoh Valley, Northeast Subdivision, and an
easement to 2,908 square feet out of Block A, Pharaoh Valley, Northeast Subdivision, as
described on the attached Exhibits A and B, save and except oil and gas rights.
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023701
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 reports and made
a bona fide offer to the Seaside Villa Council of Co -Owners, Inc., as trustee for the unit owners,
in the amount of $17,305 for fee simple title to 3,185 square feet out of Block A, Pharaoh Valley,
Northeast Subdivision for road improvements for the Spur 3, Phase 2 Improvements Project and
other municipal purposes, and an easement to 2,908 square feet out of Block A, Pharaoh Valley,
Northeast Subdivision for utility purposes for the Spur 3, Phase 2 Improvements Project and other
municipal purposes, as described on the attached Exhibits A and B, since the individual unit owners
do not have the legal ability to convey the common elements to the City, the City of Corpus Christi
and the Seaside Villa Council of Co -Owners, Inc., as trustee for the unit owners and as the entity
required to receive the condemnation award pursuant to §82.007(c), Texas Property Code Ann.
(1998), 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 3,185 square feet out of Block A, Pharaoh Valley, Northeast Subdivision for road
improvements for the Spur 3, Phase 2 Improvements Project and for other municipal purposes, and
an easement to 2,908 square feet out of Block A, Pharaoh Valley, Northeast Subdivision for
utility purposes for the Spur 3, Phase 2 Improvements Project and for other municipal purposes, as
described in the attached Exhibits A and B, save and except the City seeks to acquire no oil and gas
rights.
SECTION 3. That the public necessity and convenience require condemnation of fee simple
title to 3,185 square feet out of Block A, Pharaoh Valley, Northeast Subdivision for road
improvements for the Spur 3, Phase 2 Improvements Project and for other municipal purposes, and
an easement to 2,908 square feet out of Block A, Pharaoh Valley, Northeast Subdivision for
utility purposes for the Spur 3, Phase 2 Improvements Project and for other municipal purposes, as
described on the attached Exhibits A and B, in order to construct Road Improvements, Utility
Improvements, and for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to institute
condemnation proceedings against Seaside Villa Council of Co -Owners, Inc., as trustee for the
unit owners, and the lienholders, to acquire the unencumbered fee simple title to 3,185 square feet
out of Block A, Pharaoh Valley, Northeast Subdivision for road improvements for the Spur 3,
Phase 2 Improvements Project and for other municipal purposes, and an easement to 2,908 square
feet out of Block A, Pharaoh Valley, Northeast Subdivision for utility purposes for the Spur 3,
Phase 2 Improvements Project and for other municipal purposes, as described on the attached
Exhibits A and B, 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.
SECTION 6. That a list of the unit owners and their lienholders, if any, are attached and
incorporated as Exhibit C.
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ATTEST:
Armando Chaps, CitySecretary
CITY OF CORPUS CHRISTI
Samuel L.
?}dint,:
Jr., Mayor
Legal form approved on 2211 , 1999; James R. Bray, Jr., City Attorney.
By:
Alison Gallaw<y, Assistant City Att
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Corpus Christi, Texas
0' I dayof
sk
,1999
The above resolution was passed 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
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023701