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Home My WebLink About023842 RES - 11/16/1999RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO 1.751 ACRES, MORE OR LESS, OUT OF LOTS 5 AND 6, SECTION 16, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, AS DESCRIBED ON THE ATTACHED EXHIBIT A, FROM THE OWNERS, CYNTHIA RIDDICK MARMOLEJO AND WILLIAM MCDONALD RIDDICK, CO -TRUSTEES OF THE WARREN PRETLOW RIDDICK TEJAS TRUST AND PATRICIA SWANN RIDDICK TEJAS TRUST; WARREN PRETLOW RIDDICK AND PATRICIA SWANN RIDDICK, CO -TRUSTEES OF THE CYNTHIA RIDDICK MARMOLEJO TEJAS TRUST AND THE WILLIAM MCDONALD RIDDICK TEJAS TRUST, WILLIAM P. RIDDICK, INDIVIDUALLY AND AS TRUSTEE, TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS AS PART OF THE SPUR 3, PHASE 2 IMPROVEMENTS PROJECT AND FOR OTHER MUNICIPAL PURPOSES. WHEREAS, it is necessary to acquire fee simple title to 1.751 acres, more or less, out of Lots 5 and 6, Section 16, Flour Bluff & Encinal Farm & Garden Tracts, also known as Parcel No.27, 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. 27, contains 1.751 acres, more or less, as shown on the attached and incorporated Exhibit A; and WHEREAS, the City has made an offer to purchase Parcel No. 27 for the sum of $145,000 as a settlement offer, which offer is in excess of the fair market value of $110,000 established by an independent appraiser; and pursuant to Law have provided the owners with appraisal reports. WHEREAS, the Owners, Cynthia Riddick Marmolejo and William McDonald Riddick, Co - Trustees of the Warren Pretlow Riddick Tejas Trust and Patricia Swann Riddick Tejas Trust; Warren Pretlow Riddick and Patricia Swann Riddick, Co -Trustees of the Cynthia Riddick Marmolejo Tejas Trust and the William McDonald Riddick Tejas Trust, William P. Riddick, Individually and as Trustee ("Owners"), have been unable to agree with the City on the fair market value of Parcel No. 27 and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to 1.751 acres, more or less, out of Lots 5 and 6, Section 16, Flour Bluff & Encinal Farm & Garden Tracts, 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 (Cynthia Riddick Marmolejo and William McDonald Riddick, Co - Trustees of the Warren Pretlow Riddick Tejas Trust and Patricia Swann Riddick Tejas Trust; Warren Pretlow Riddick and Patricia Swann Riddick, Co -Trustees of the Cynthia Riddick Marmolejo Tejas Trust and the William McDonald Riddick Tejas Trust, William P. Riddick, Individually and as Trustee) of 1.751 acres, more or less, out of Lots 5 and 6, Section 16, Flour Bluff & Encinal Farm H:ALEG-DIRVVERONICAAALISONVORD99.700AAGORD99.737 (dkw) n i S f n 1 & Garden Tracts; and the Owners 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. 27 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. 27, save and except the City seeks to acquire no oil and gas rights. SECTION 3. That the public necessity and convenience require condemnation of 1.751 acres, more or less, out of Lots 5 and 6, Section 16, Flour Bluff & Encinal Farm & Garden Tracts 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 Cynthia Riddick Marmolejo and William McDonald Riddick, Co - Trustees of the Warren Pretlow Riddick Tejas Trust and Patricia Swann Riddick Tejas Trust; Warren Pretlow Riddick and Patricia Swann Riddick, Co -Trustees of the Cynthia Riddick Marmolejo Tejas Trust and the William McDonald Riddick Tejas Trust, William P. Riddick, Individually and as Trustee, Owners of Parcel No. 27, to acquire the unencumbered fee simple title to 1.751 acres, more or less, out of Lots 5 and 6, Section 16, Flour Bluff & Encinal Farm & Garden Tracts, excluding the 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, City Sectary CITY OF CORPUS CHRISTI Samuel L. ` .1, Jr., Mayor Legal form approved on 17. "(txy ..t x ba.j , 1999; James R. Bray, Jr., City Attorney. By: Alison Gall ay, Assistant City Attorney n+VLEG-DIRVVERONICAAALISONVORD99.700AAGORD99.737 (dkw) 2 Corpus Christi, Texas day of nitin0 4t, 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 H.ALEG-DIRVVERONICAAALISONVORD99.700AAGORD99.737 (dkw) afkileAki- 023342 3 Spur 3 - Parcel 27 STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 1.751 Acres (76,273.6 Sq. Ft.) of land out of Lot 6 Section 16 and Lot 4A Section 17 of the Flour Bluff and Encinal Farm and Garden Tracts as shown on plat thereof recorded in Volume A, Pages 41 through 43 of the Map Records of Nueces County, Texas; a portion of which lies within Cayo Del Oso, Tract C, Survey Number 16 -LS, Patent Number 158, and recorded in Volume 29-B, Texas General Land Office; and being a portion of the land described in deed to Cynthia Riddick Marmolejo and William McDonald Riddick, Co -Trustees of the Warren Pretlow Riddick Tejas Trust and the Patricia Swann Riddick Tejas Trust; and Warren Pretlow Riddick and Patricia Swann Riddick, Co -Trustees of the Cynthia Riddick Marmolejo Tejas Trust and the William McDonald Riddick Tejas Trust, hereafter referred to as the "Riddick Tract", as filed in Document Number 1996010834 of the Official Public Records of Real Property, Nueces County, Texas. This 1.751 Acre tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod on the northerly boundary line of said Riddick Tract and the southerly boundary line of Block 2, Edgewater Terrace, as recorded in Volume 7, Pages 38 and 39 of the Map Records of Nueces County, Texas; THENCE N84°48'00"E along the northerly boundary line of said Riddick Tract and said southerly boundary line of Block 2, Edgewater Terrace, a distance of 226.79' to a Set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX" on the westerly right-of-way line of Ennis Joslin Road as shown on map of "Survey of Tract I (70.122 AC) and Tract II (0.131 AC) being out of that certain 37.091 Acre Tract and 34.856 Acre Tract described in Cause #88, 475B, District Court of Nueces County" as surveyed by Urban Engineering, Thomas L. Willis, RPLS, dated June 21, 1995, a curve concave to the east whose radius point bears S71°01'31 "E a distance of 756.30', being the northeasterly corner of this tract; THENCE southerly along said right-of-way line and circular curve having a radius of 756.30', a central angle of 29°40'29", an arc distance of 391.71', and a tangent distance of 200.35' to a Set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX" on the westerly right-of-way line of said Ennis Joslin road; THENCE S 10°42'00"E continuing along said right-of-way line a distance of 96.32' to a Set 5/8" Iron Rod with plastic cap stamped "City of Corpus Christi, TX" on the southerly boundary line of said Riddick Tract, being the southeast corner of this tract; THENCE S85°17'00"W along said southerly boundary line of Riddick Tract a distance of 140.11' to a Point in the centerline of a drainage ditch, being the southwest corner of this tract; [li,h;+ j\ THENCE N09°10'00"W along the westerly boundary line of said Riddick Tract a distance of 478.05' to the POINT AND PLACE OF BEGINNING and containing 1.751 Acres (76,273.6 Sq. Ft.) of land. Bearings are with reference to "Survey of Tract I (70.122 AC) and Tract II (0.131 AC) being out of that certain 37.091 Acre Tract and 34.856 Acre Tract described in Cause #88, 475B, District Court of Nueces County" as surveyed by Urban Engineering, Thomas L. Willis, RPLS, dated June 21, 1995. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ground under my direction. This the 20th day of October, 1999.O F TF a,.43 �' V �/�Y 5•P� SFO • Co /IRUSSELL D. OCHS N 5241 ?oF Russell D. Ochs State of Texas License No. 5,241 PoINT CFBiWMENi FRAD Se* in N 1' IA EDGE MATER ya_ 7 . PAGE 38 MRNCT. CITY OF COWLS CRISTI A MNICIPAL CORPORATION VOL 1722 . PACS 407 CRNCT. 0 }410 ids Fara Ne' IR L6 POINT BEARS 97151£ 760.30' FIM 1' IP 61DVDYli Jar 1- Cr s �a Location Map No Scale CLAVE DATA C-1 A 44 29.4020' R - 756.30' T - 2005' L. 4 391.71' SET SAY IR BEARINGS ARE 71I774 REFERENCE 7O 'SURVEY OF TRACT Z (70122 ACJ MD 77R407 II (0131 AC BEING OUT 6 THAT CERTAIN 37.001 ACE TRACT MO SCRUB ACRE TRACT DESCRIBED IN CAUSE Ma 476E DISTRICT CDLRT of M.E0E9 C LINTY' A8 SFNERED BY LRBAN OAIFEFSRIN3 TMOMAS L. MILLIB RPZ'S DATED JUNE 21 1905 AOTE9 PC -LAW BCnMRY A8 DELINEATED BY RYAN riE C2E0 REG -LAMP SPECIALIST. 44& AMY 07X6. OF ETOINEIIIA GNLVESTOV DISTRICT CV 08.433n0o& Llama Arm wetlands Arm 4 TOW Arm masa+ Sa Ft / 11820 A0. 1001990 Sa Ft / 0230 An 75230.07 Sa Ft / 1760 Aa LERTD fk£TLAM AREA 1 J CM13 DEL 090 TRACT 0 SA%EY 1618 PATENT NCI 168 VCL. 209 TALC SPUR 3 - PARCEL 27 GONERS Grdtite Ride* Mewley at Mks McDefied Riddick Co -Trustees aro Wren REM.: Riddle* ed F3tlale aunt Riddick Co-Tnetese ws Oso tElp WAREO aa' • (i ANTat ON EAST AEADWALL OF BRILYE ADM at Ma Betio a treat of and certainty 1.751 An (752736 Sa FtJ art of Lot 6 Section 16 sd Lot M Section 17 of the Flaw Bluff end en el Fenn end Bern Tracts as Mt. on Piet thereof recorded in Volume A Pages 41 - 43 of the Mr Records of Maw Canty. Tame a oa'tim of Niter lies dt/dn Cans Del Ott* Tract G Grimy Haar 1644 Pettit rate 155 married in Valli a3'a Tann General Ltd Ofrio& a Dertlm of the lard described in deed to Grinds Rids* Mimi* td Willis Stanek/ Ridtac QrTTtsteae at Myren Pristine RLdle* end Patricia &y,, Resist Crritetass as recorded N LUan ret 01906010834 of the Official AC Records of Reel R arty. Mass Canty. Treats `5'ii CITY of CORPUS CHRISTI, TEXAS Department of Engineering Se-Wcets anew Division Date: 10/18/1809 Drain By : ON oeeked By Project ors - sow a Ran 2 8nts Jaslin Road Aesfan/joaliriddidctecafirsLO