HomeMy WebLinkAbout023769 RES - 09/21/1999RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE
SIMPLE TITLE TO 2,191 SQUARE FEET OUT OF LOT 7, BLOCK 15, EDGEWATER
TERRACE SUBDIVISION, FROM THE OWNERS, JOHN L. JOHNSON AND WIFE,
JANET J. JOHNSON, FROM THE LIENHOLDER, FRANK MILLAR, TO CONSTRUCT
STREET AND UTILITY IMPROVEMENTS AS PART OF THE SPUR 3, PHASE 2
PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
WHEREAS, it is necessary to acquire fee simple title to 2,191 square feet out of Lot 7,
Block 15, Edgewater Terrace Subdivision, also known as Parcel 29, on behalf of the City to
construct street and utility improvements as part of the Spur 3, Phase 2 Project and for other
municipal purposes; and
WHEREAS, the City has made an offer to purchase Parcel No. 29 for the sum of $5,450
based on the fair market value established by an independent appraiser; and pursuant to Law the City
has provided the owners with appraisal reports.
WHEREAS, the Owners, John L. Johnson, and wife, Janet J. Johnson and Lienholder, Frank
Millar (collectively called "Owners"), have been unable to agree with the City on the fair market
value of Parcel No. 29 and further negotiations for settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee
simple title to 2,191 square feet out of Lot 7, Block 15, Edgewater Terrace Subdivision, 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 a bona fide offer, including
appraisal reports, to the Owners (John L. Johnson, and wife, Janet J. Johnson) of 2,191 square feet
out of Lot 7, Block 15, Edgewater Terrace Subdivision; 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 Parcel No. 29, save and except the City seeks to acquire no oil and gas rights.
SECTION 3. That the public necessity and convenience require condemnation of 2,191
square feet out of Lot 7, Block 15. Edgewater Terrace Subdivision in order to construct street and
utility improvements as part of the Spur 3, Phase 2 Project and for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to institute
condemnation proceedings against John L. Johnson. and wife, Janet J. Johnson, and Frank Millar
Owners of Parcel No. 29, to acquire the unencumbered fee simple title to 2,191 square feet out of
Lot 7, Block 15, Edgewater Terrace Subdivision, excluding the oil and gas rights, which Parcel is
023769
H.ALHG-DIRVVERONICAAALISONVORD99.700AAGORD99720
located in Nueces County, Texas.
SECTION 5. That this resolution shall take effect immediately from and after its passage.
ATTEST: CITY OF CORPUS CHRISTI
r
Samuel L. Ne 1
Armando Chapa, City Secretary Jr., Mayor' tY
Legal form approved on 1$ 1/414 mbv , 1999; James R. Bray, Jr., City Attorney.
BY: ✓` l;Airryvail
Alison Galla ay, Assistant CitAttorney
I I:ALEG-DIRVVERONICAAAI,ISONVORD99.700AAGORD99.720
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Corpus Christi, Texas
0'
'1 day of
,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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