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Home My WebLink About023826 RES - 11/09/1999RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO 2,359 SQUARE FEET OUT OF LOT 3, BLOCK 15, EDGEWATER TERRACE SUBDIVISION, FROM THE OWNERS, CURTIS W. BENNETT AND WIFE, SHARRON K. BENNETT, AND FROM THE LIENHOLDER, ASSOCIATES FINANCIAL SERVICES COMPANY OF TEXAS, INC., TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS AND FOR OTHER MUNICIPAL PURPOSES, AS PART OF THE SPUR 3, PHASE 2 IMPROVEMENTS PROJECT. WHEREAS, it is necessary to acquire fee simple title to 2,359 square feet out of Lot 3, Block 15, Edgewater Terrace Subdivision, as shown on the attached and incorporated Exhibit A, also known as Parcel 32, on behalf of the City to construct street and utility improvements as part of the Spur 3, Phase 2 Improvements Project and for other municipal purposes; and WHEREAS, the City has made an offer to purchase Parcel No. 32 for the sunt of $54,201 based on the fair market value, including damages to the remainder, established by an independent appraiser; and pursuant to Law the City has provided the owners with appraisal reports. WHEREAS, the Owners, Curtis W. Bennett, and wife, Sharron K. Bennett, and Lienholder, Associates Financial Services Company of Texas, Inc. (collectively called "Owners"), have been unable to agree with the City on the fair market value, including damages to the remainder, of Parcel No. 32 and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to 2,359 square feet out of Lot 3, Block 15, Edgewater Terrace Subdivision, as shown on 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 a bona fide offer, including appraisal reports, to the Owners (Curtis W. Bennett, and wife, Sharron K. Bennett) of 2,359 square feet out of Lot 3, Block 15, Edgewater Terrace Subdivision, as shown on 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 Parcel No. 32, save and except the City seeks to acquire no oil and gas rights. SECTION 3. That the public necessity and convenience require condemnation of 2,359 square feet out of Lot 3, Block 15, Edgewater Terrace Subdivision, as shown on Exhibit A, in order H:\LEC-DIR\VERONICA\ALISON\ORD99 700\AGORD99.758 °x'13326 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 Curtis W. Bennett, and wife, Sharron K. Bennett, and Associates Financial Services Company of Texas, Inc., Owners of Parcel No. 32, to acquire the unencumbered fee simple title to 2,359 square feet out of Lot 3, Block 15, Edgewater Terrace Subdivision, as shown on Exhibit A, excluding the oil and gas rights, which Parcel is located in Nueces County, Texas. SECTION 5. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI �4hxCpa, Armando Chapa, City ecretary Samuel Jr., Mayor l l Legal form approved on 3 40,14"1,4 , 1999; James R. Bray, Jr., City Attorney. By: LL.i a o pyt L 1, Alison Gall way, Assistant City Attorney Hi LEG-DIR\VERONICA\ALISONORD99. 700 AGORD99 758 Corpus Christi, Texas p��' ldon day of �DUUI , 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. Kiimison Betty Jean Longoria John Longoria Mark Scott 023826 H:\LEC-DIR\ V ERON ICA\ALISON\ORD99.700\AGORD99.758 Sitekt NUECES COUNTY -3596 -01 -002 -PARCEL 32 1 OF 2 Spur 3 Phase 11 BEING a 219.2 square meter (2,359 square feet) tract of land, more or less, and part of Lot 3, Block 15, Edgewater Terrace Subdivision, as recorded in Volume 7, Pages 38-39, Map Records, Nueces County, Texas, being the same property described in deed from Ralph W. Morrision to Curtis W. Bennett, and wife, Sharon Bennett, dated February 1, 1974 recorded in Volume 1486, Page 714, Deed Records, Nueces County, Texas. Said 219.2 square meter (2,359 square feet) tract being more particularly described by metes and bounds as follows: BEGINNING at a 15 M iron rod with Aluminum Cap set on the common line of Lots 9 and 3 of said Block 15 and on the proposed northwesterly right of way line of Spur 3 (Ennis Joslin Road) for the west corner of this tract; (1) THENCE: North 37° 17' 34" East, with said proposed right of way line of Spur 3 (Ennis Joslin Road), a distance of 15.411 meters (50.56 feet) to a 15 M iron rod with Aluminum Cap set at the beginning of a 1,732.833 meter (5,685.14 feet) circular curve whose center bears N 52° 42' 26" W; (2) THENCE: northerly with said proposed right of way line of Spur 3 (Ennis Joslin Road) and said circular curve to the Left, through a central angle of 00° 30' 17", an arc distance of 15.265 meters (50.08 feet) and a chord bearing of N 37° 02' 26" E, 15.265 meters (50.88 feet) to a 15 M iron rod with Aluminum Cap set on the common line of Lots 2 and 3 of said Block 15 for the north comer of this tract from which a found 15 M iron rod on the common northerly corner of said Lots 2 and 3, bears N 41° 03' 39" W, 47.102 meters (154.53 feet); (3) THENCE: South 41° 03' 39" East, with said common line of said Lots 2 and 3, a distance of 6.907 meters (22.66 feet) to a 15 M iron rod with Aluminum Cap set at the common easterly corner of said Lots 2 and 3 and on the existing right of way line of Ennis Joslin Road, for the east corner of this tract; (4) THENCE: South 35° 46' 23" West, with said existing right of way line of Ennis Joslin Road, a distance of 31.089 meters (102.00 feet) to a found 15 M iron rod at the common southerly comer of said Lots 3 and 9, for the south corner of this tract; D:\4184\ 130\mbds\Parce132.mbd April 6, 1999 �jzficlt„all NUECES COUNTY -3596 -01 -002 -PARCEL 32 2OF2 Spur 3 Phase I1 (5) THENCE: North 39° 16' 01” West, with said common line of Lots 3 and 9, a distance of 7.733 meters (24.06 feet) to the POINT OF BEGINNING and containing 219.2 square meters (2,359 square feet) of land more or less. This description was compiled on October 17, 1997 from surveys made upon the ground under my supervision on October 12, 1994 and September 17, 1996. 70,46t, NAISMITH ENGINEERING, INC. Raul A. Castillo, R.P.L.S. #5061 D:\4184\ 130\mbds\ParceI32. mbd April 6, 1999 \ N \ ASE TERR \ WATER 0 O \ 0,001/43S \9, \ CURTIS W BENNETT. ET [Or 9 VOL. 1486 PG. 714 D.R.N.C.T. 39 LOT 3 FND 15 M IR LOT 2 PROP. R.O.W. / / SE 15 M IRON PLODS ALUM 1 NUM,CAPS \ N 37° 17' 34" E 15.411m (50.56') SET 15 M IR W/ ALUMINUM CAP POINT OF BEGINNING UX / N 39°16'01" W 7.733m (24.06' / NOTE: 15 M I.R. EQUATES TO 5/e" IRON ROD. NOTE: PARCEL 32 / 219.2 M2 / / 2.359 S0. FT. / .7 / FND 15 M IR /'(--/PARCEL 31 (-\\>9/// rb / EXIST. R.O.W. CU' IATA •_30'17" Tm - 7.362 (24.15') Rm • 1732.833 (5685.14') Lm • 15.265 (50.08') CH • N 37'02'26" E CH Lm - 15.265 (50.88') i' PARCEL 33 S 41° 03' 39" E 6.907m (22.66'1 / / CURVE DESIGNATIONS SHOWN CORRESPOND TO TXDOT R.O.W. MAP FOR SPUR 3. LOT 19 BEARINGS ARE BASED ON THE CENTERLINE OF SPUR 3 BETWEEN A BRIDGE SPIKE SET AT P.T. STA. 33.543.3008 AND P.C. STA. 33.676.2334 BEING N 37.17' 34" E, GRID BEARING. THIS MAP REPRESENTS A BOUNDARY SURVEY MADE UPON THE GROUND ON OCTOBER 12. 1994 AND SEPTEMBER 17, 1996 UNDER MY SUPERVISION. .e/( RAUL A. CASTILLO, R.P.L.S. NO 5061 / / / / LOT 17 LOT 16' LEGEND O IRON ROD FOUND ._ IRON ROD SET W/ ALUMINUM CAP • FOUND IRON PIPE X DRILL HOLE SET O FOUND BRASS DISK NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CRRISILTSRAS NUECES COUNTY: 3596-01-002; PARCEL 32 SURVEY OF A 219.2 SQUARE METER TRACT OUT OF LOT 3, BLOCK 15, EDGEWATER TERRACE AS RECORDED IN VOLUME 7, PAGES 38-39 MAP RECORDS NUECES COUNTY TEXAS. '...°" G.G. 'sr. "1 R. A.C. ''"1:500 °4e"EJP3251. DON'"'" ,..•.. A.A.C. wm�,..., 4184 w'' 11_6-91 ....' 0 4, 11