HomeMy WebLinkAbout023789 RES - 10/12/1999RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE
SIMPLE TITLE TO LOT 1-R, BLOCK 15, EDGEWATER TERRACE SUBDIVISION,
FROM THE OWNER, LEONA ESTES, 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 Lot 1-R, Block 15, Edgewater
Terrace Subdivision, also known as Parcel No.34, 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, Parcel No. 34, contains 8,817 square feet, as well as a single family residence;
and
WHEREAS, the City has made an offer to purchase Parcel No. 34 for the sum of $135,000
based on the fair market value established by an independent appraiser; and pursuant to Law have
provided the owner with appraisal reports.
WHEREAS,the Owner, Leona Estes ("Owner"), has been unable to agree with the City on
the fair market value of Parcel No. 34 and further negotiations for settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee
simple title to Lot 1-R, 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 Owner (Leona Estes) of Lot 1-R, Block 15, Edgewater Terrace Subdivision,
which was replatted out of Lot 1, Block 15 Edgewater Terrace Subdivision, as originally shown in
Volume 7, Pages 38 & 39 Map Records, Nueces County, Texas; and the Owner and the City of
Corpus Christi have negotiated in good faith and cannot agree on the damages, which is the local
market value of Parcel No. 34 since this is a full parcel taking, and further settlement negotiations
are futile.
SECTION 2. That public necessity requires acquisition of the unencumbered fee simple title
to Parcel No. 34, save and except the City seeks to acquire no oil and gas rights.
SECTION 3. That the public necessity and convenience require condemnation of Lot 1-R,
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 Leona Estes, Owner of Parcel No. 34, to acquire the
unencumbered fee simple title to Lot 1-R, Block 15, Edgewater Terrace Subdivision, excluding the
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oil and gas rights, which Parcel is located in Nueces County, Texas.
SECTION 5. That this resolution takes effect immediately from and after its passage.
ATTEST:
Armando Chapa, Cit}}'Secretary
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.,
Legal form approved on 7 0a -0 -sae , 1999; James R. Bray, Jr., City Attorney.
By. LC4
Alison Gallaway, Assistant City Attorn
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Corpus Christi, Texas
is day of Ob.tk , 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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