HomeMy WebLinkAbout023947 RES - 02/22/2000RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE
SIMPLE TITLE TO: TWO TRACTS OF LAND OUT OF LOT 3, SECTION 8, BOHEMIAN
COLONY LANDS: (A) 30,859 S.F. AND (B) 32,978 S.F. AND (C) 1933 S.F. OF LAND OUT
OF LOT 5, SECTION 9, BOHEMIAN COLONY LANDS, AS SHOWN ON THE
ATTACHED EXHIBITS A, B, & C, FROM THE OWNERS, Frances SNYDER,
INDIVIDUALLY, AND BRYAN LEE HOLMES AND MARK SNYDER HOLMES AS CO-
TRUSTEES OF THE PAUL SNYDER TESTAMENTARY TRUST, TO CONSTRUCT
STREET AND UTILITY IMPROVEMENTS AS PART OF THE KOSTORYZ ROAD
PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
WHEREAS, it is necessary to acquire fee simple title to two tracts of Land out of Lot 3,
Section 8, Bohemian Colony Lands: (a) 30,859 S.F. and (b) 32,978 S.F., also known as Parcels 2A,
& 2B, and (c) to 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as
Parcel 6, on behalf of the City to construct street and utility improvements as part of the Kostoryz
Road Project and for other municipal purposes; and
WHEREAS, the City has made an offer to purchase Parcel Nos. 2A, 2B, & 6 for the sum
of $29,690 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, Frances Snyder, Individually, and Bryan Lee Holmes and Mark
Snyder Holmes as Co-Trustees of the Paul Snyder Testamentary Trust (collectively called
"Owners"), have been unable to agree with the City on the fair market value of Parcel Nos. 2A, 2B,
& 6 and further negotiations for settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee
simple title to two tracts of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,859 S.F.
and (b) 32,978 S.F., also known as Parcels 2A, & 2B, and (c) 1933 S.F. of land out of Lot 5, section
9, Bohemian Colony Lands, also known as Parcel 6, 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 (Frances Snyder, Individually, and Bryan Lee Holmes and Mark
Snyder Holmes as Co-Trustees of the Paul Snyder Testamentary Trust) of two tracts of Land out of
Lot 3, Section 8, Bohemian Colony Lands: (a) 30,859 S.F. and (b) 32,978 S.F., also known as
Parcels 2A, & 2B, and (c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also
known as Parcel 6, as shown on the attached Exhibits A, B, & C; 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 Nos. 2A, 2B, & 6, save and except the City seeks to acquire no oil and gas rights.
SECTION 3. That the public necessity and convenience require condemnation of two tracts
of Land out of Lot 3, Section 8, Bohemian Colony Lands: (a) 30,859 S.F. and (b) 32,978 S.F., also
known as Parcels 2A, & 2B, and (c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony
Lands, also known as Parcel 6, in order to construct street and utility improvements as part of the
Kostoryz Road Project and for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to institute
condemnation proceedings against Frances Snyder, Individually, and Bryan Lee Holmes and Mark
Snyder Holmes as Co-Trustees of the Paul Snyder Testamentary Trust Owners of Parcel Nos. 2A,
2B, & 6 to acquire the unencumbered fee simple title to two tracts of Land out of Lot 3, Section 8,
Bohemian Colony Lands: (a) 30,859 S.F. and (b) 32,978 S.F., also known as Parcels 2A, & 2B, and
(c) 1933 S.F. of land out of Lot 5, section 9, Bohemian Colony Lands, also known as Parcel 6,
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.
ATTEST:
Armando Chapa, City Secretary
CITY OF CORPUS CHRISTI
Legal form approved on / '/~00~; James n. Bray, Jr., City Attorney.
By:x, Alison Gallaw~y, Assis~y
H:\LEG-DIR\VERONICAXALISON\ORD00800\AGORD00.819 2
Corpusr~Csti, Texas
G~G~ day of ~ ,2000
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
023947
H:\LEG-DIR\VERONICAXALISON\ORD00.800\AGORD00.819 3
NUECES COUNTY-0916-35-05S >ARCEL 2A
1 OF2
Field Notes for Parcel 2A (Fee Title)
BEING a 0.708 acre (30,859 square feet) tract of land out of and pan of Lot 3, Section
8, Bohemian Colony Lands, recorded in Volume A, Pa~e 48, Map Records of Nue~s
County, Texas being the same property described in deed from Frances Snyder,
Individually to Frances Snyder, Trustee of the Frances Snyder Trust Ai~reernent
October 24, 1991, recorded in Documem Number 803564, Official Public Re~rds of
Nueces County Texas. said tract of land being also a portion of the former U. S. Naval
Air Station Railroad riF, ht of way easement recorded in Volume 293, Pa~es 474 to 475,
Deed Records of Nuece~ County, Texas, and being more particularly de,scribed by
mexes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with aluminum cap set on the southwesterly line of
said Lot 3, Section 8, the northeasterly line of said Lot 4, Section 8, Bohemian Colony
Lands, the northeasterly comer of the Richter Ditch right of way descxibed in deed
recorded in Volume 1210, Page 491 of the Deed Records. Nueces County, Te:--~; the
soulhem comer of a 20 foot wide City of Corpus Christi utility easement recorded in
Volume 1857, Page 111 of the Deed Records, Nueces County, Texas and on thin
proposed northwesterly fight of way line of Kostoryz Road, for the soutwesUnty
comer of this tract, from which a 5/8" iron rod with nluminum cap set for zufei'en~
beat~ N 61° 49' 23" W, 150.00 feet;
(x)
THENCE: North 28° 37' 47" E~t, with the southeasterly line of said 20 foot
wide utility easement and the proposed northwesterly right of way line of said
Kostoryz Road. a dismuce of 589.04 feet, to a 5/8 inch irou rod with aluminum cap
set at the proposed southwesterly right of way of Masu:rson Lane, for an interior
comer of this tract:
(1)
THENCE: North 61° 49' 23" West, with the proposed southwesterly debt of way
of said Masterson Lane, a distance of 80.00 feet to a 5/8 inch iron rod with
aitlrfllnllm Cap Set for a comer of th{~ trac~
TRgNCE: North 28Q 37' 47' East, with the proposed right of way of said
Masterson Lane, a distance of 11.00 feet, to a 5/8 inch iron with aluminum ~ set
on the existing southwesterly right of way line of said Mastmon Lane;
(4)
THENCE: South 61Q 49' 23" East with the existing southwesterly right of way
line of said Masterson Lane, a distance of 119.92 feet to a 5/8 inch iron rod with
aluminum cap set at the beginning of a cirallar curve to the fight and havin~ a
radius of I0.00 feet;
"Exhibit
98047-00panzL~.ch~
S~pt~mher 1. 1999
NUECES COUNTY-0916-35-0-~ - PARCEL 2A
2 OF2
(s)
(6)
TI~NCE: in a southeasterly direction with ~e existing northwesmrly right of
way line of said Kostoryz Koad and said circula~ curve to the right, an ax~ distance
of 15.79 feet, through a central angle of 90° 27'10" to a 5/8 inch iron rod with
aiuminm cap set on the existing northwesterly right of way line of said Kostoryz
TI:rRNCE: South 2g" 37'47" West, with the existing northwesterly fight of way
line of said Kostoryz Road, a distance of 589.96 feet to a chr~l hole set in concrete
on the northeasterly line of said Lot 4, Section 8 and the southwesterly line of said
Lot 3, Seetion 8, for the southeasterly comer of this a-agt
'I'!~RNCE: North 61° 49' 23" West with the northeasterly line of said Lot 4,
Section 8 and the southwesmrly line of said Lot 3, Section 8, a distance of 50.00
feet to the POINT OF BEGINNING and covt~inln~ an area of 0,708 acres
(30,859 square feet) of land, more or less.
"Exhibit A'
98047-OOpanm12a.do~
September 1, 1999
· .NUECES COUNTY-0916-3S-0S5 -J~ARCEL 2B
IOF1
Field Notes for Parcel 2B (Fee Title)
BEING a 0.757 acre (32,978 squaxe feet) tract of land out of and part of Lot 3, Section
8, Bohemian Colony Lands. recorded in Volume A, Page 48. Map Records of Nueces
County, Texas and being the same property described in deed from Frances Snyder,
Individually to Frances Snyder. Tnmmc of the Francas Snyder Trust Ag~ccmem dsXed
October 24, 1991, recorded in Document Number 803564, Offichl Public Records of
Nueees County Tcxa~. said tract of land being also a portion of the former U.S. Naval
Air S~axion Pailroad fight of way casement recorded in Volume 293, Pages 474 to 475
of the Deed Records of Nueccs County, Texas, and being more psnicuhrly described
by mer:s and bounds as follows:
BEGINNING at a 5/8" iron rod with ai,,-~inum cap set on the northas~terly line of said
Lot 3, Se~ion 8, the common southerly comer of Lots 9 and 10, Block 8, Crutmont
Unit 7, ~ recorded in Volume 49, Pages 64 and 65, Map Records of Nueces County,
Tex,~, the northeasterly comer of a 20 foot wide City of Corpus Chri~ utility easement
recorded in Volume 1857, Page 11 I, Deed Records, Nueces County, Texas and on the
proposed northwesterly right of way line of Kosroryz Pod for the northwesterly comer
of this tract and fi'om which a 5/8 inch iron rod ,vim ahmrnln~nl cap set on the
northeasterly line of said Lot 3 bean, North 61° 49' 23" West, 150.00 feet;
THENCE South 61° 49' 23' East, with the northeasterly line of said Lot 3, Sc~don 8
ami the southwesterly line of Lot 2. Section 8, a distance of 50.00 feet to a 5/8 inch iron
rod with aluminum cap set on the existing right of way of said Kostoryz Road for th=
northeastfly comer of this tract;
THENCE South 28° 37' 47" Wast, with the existing northeasterly right of way lin= of
said Koswryz Koa& a distance of 650.08 feet to a 5/8 inch iron rod with aluminum cap
set at the be~nnlng of a circular curve to the right and having a radius of 10.00 fc'~4
THENCE in a southwesterly direction wiub, said circular curve to the right, an arc
distance of 15.63 feet. through a central angle of 89° 32'50" to a 5/8 inch iron rod with
aluminum cap set on the northeasteriy right of way line of Masterson Lane;
THI~qCE North 61° 49' 23" Wast with the northeasterly right of way of said
Masterson Lane. a distance of 40.08 feet to a 5/8 inch iron rod with al, rmin,,m cap ~t
on the proposed northwesterly right of way line of said Kostoryz Koad, for th~
southwe~sterly comer of this u-act;
THENCE North 28° 37' 47" East, with the proposed northwesterly right of way ~ of
said Kostoryz Road. a distance of 660.00 feet to the POINT OF BEGINNING ami
con,ninl.g 0.757 acres (32,978 squa~ feet) offand. more or less.
98047-00pat~ei2b.do~
SeptemUer i. 1999
"Exhibit B"
NUECES COUNTY-0916-35-05, `- PARCEL 6
X
Field Notes for Parcel 6 (Fee Title)
BEING a 0.044 acre (1,933 square feet) iract offand out of and part of Lot 5, Seelion 9,
Bohemian Colony Lands, recorded in Volume A, Page 48, Deed Records of Nueees
County, Texas and being the same property described in deed from Frances 8nyder,
individually to Frances Snyder, Trustee of the Frances Snydcr Trust Agreement dnt_;d
October 24, 1991, recorded in Document Number 803566, Official Public Records of
Nueces County Texas, said Uaet of land being more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8 inch iron md with aluminum cap set on the proposed
southeasterly right of way line of Kostoryz Road, from which a 5/8 inch iron md with
aluminum cap set for reference on the northeasterly line of said Lot 5 bears North 61°
22' 13" West, 10.00 feet and North 28° 37' 47" EasL 524.47 feet;
TRENCE: South 28° 37' 47' West, with said proposed southearly right of
way line of Kostoryz Road, a distance of 193.30 feet to a 5/8 inch iron red with
aluminum cap set on the existing southeasterly right of way line of said Kostoxyz
Road, for the southeasterly comer of thi-~ tract;
(2)
TI~ENCE: North 61° 22' 13" West, with the existing southeasterly right of way
line of said Kostoryz Road, a distance of 10.00 feet to a 518 inch iron with
aluminum cap set for the southwesterly comer of this tract;
(s)
THENCE: North 28° 37' 47' East with the existing so$1y fight of way
line of said Koswryz Road, a distance of 193.30 feet to a 5/8 inch iron rod with
aluminum cap set for the northwesmrty comer of this tract;
(4) Tle!ENCE: South 61° 22' 13" East, with the proposed so-~heasterly right of way
of said Kostoxyz Road, a distance of 10.00 feet to the POINT OF BEGDINING
and containing an area of 0.044 acre (1,933 square feet) offand, more or less.
Sep"'mbm' 1, 1999