HomeMy WebLinkAbout024014 RES - 04/18/2000RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN A UTILITY EASEMENT CONTAINING 14.019 ACRES AND A
TEMPORARY CONSTRUCTION EASEMENT CONTAINING 19.463 ACRES
OUT OF LOTS 57 AND 64, ARTEMUS R. ROBERTS SUBDIVISION, THE
NORTH ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SURVEY NO.
409, ABSTRACT NO. 555, THE BEATY, SEALE AND FORWOOD SURVEY NO.
405, ABSTRACT 567, TRACTS 2, 3, AND 4, ROWENA SHAEFFER FARM
TRACTS SUBDIVISION AND OUT OF THE RANDY FARENTHOLD
PROPERTIES, LOT 1, FROM THE OWNERS, JOE BRAMAN, D. H. BRAMAN,
JR., INDIVIDUALLY AND AS TRUSTEE OF THE KATE S. O'CONNOR TRUST
FOR THOMAS EDWARD BRAMAN AND D. H. BRAMAN I11, TO CONSTRUCT
A WATER TRANSMISSION MAIN IN CONNECTION WITH THE SOUTHSIDE
TRANSMISSION MAIN- STEVENS PLANT TO CLARKWOOD ROAD
PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
WHEREAS, it is necessary to acquire a utility easement to 14.019 acres and a
temporary construction easement containing l 9.463 acres out of lots 57 and 64, Aaemus
R. Robeas Subdivision, the Noah one-half of the noaheast one-quaaer of Survey No.
409, Abstract No. 555, the Beaty, Seale and Forwood Survey No. 405, Abstract 567,
Tracts 2, 3, and 4, Rowena Shaeffer Farm Tracts Subdivision and out of the Randy
Farenthold Propeaies, Lot 1, also known as Parcel Nos. 19, 24, 28, 29, & 30, on behalf of
the City to construct a water transmission main in connection ~vith the Southside
Transmission Main - Stevens Plant to Clarkwood Road Project and other municipal
purposes; and
WHEREAS, the City has made an offer to purchase Parcel Nos. 19, 24, 28, 29,
30 for the sum of $39,100 based on the fair market value established by an independent
appraiser; and pursuant to Law the City has provided the Owners with appraisal repoas.
WHEREAS, the Owners, Joe Braman, D. H. Braman, Jr., Individually and as
Trustee of the Kate S. O'Connor Trust for Thomas Edward Braman, and D. H. Braman
III, (collectively called "Owners"), have been unable to agree with the City on the fair
market value of Parcel Nos. 19, 24, 28, 29, & 30, and further negotiations for settlement
have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the utility
easement containing 14.019 acres and a temporary construction easement containing
19.463 acres out of Lots 57 and 64, AHemus R. Robeas Subdivision, the Noah one-half
of the noaheast one-quarter of Survey 409, Abstract No. 555, the Beaty, Seale, and
Forwood Survey No. 405, Abstract 567, Tracts 2, 3, and 4, Rowena Shaeffer Farm Tracts
Subdivision and out of the Randy Farenthold Properties, Lot 1, also known as Parcel Nos.
19, 24, 28, 29, & 30, save and except oil and gas rights.
024011
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 (Joe Braman and D. It. Braman, Jr.,
Individually and as trustee of the Kate S. O'Connor trust for Thomas Edward Braman,
and D. H. Braman III) of the 14,019 acres for the utility easement and 19.463 acres for
the temporary construction easement out of Lots 57 and 64, Artemus R. Roberts
Subdivision, the North one-half of the noaheast one-quarter of Survey 409, Abstract No.
555, the Beaty, Seale, and Forwood Survey No. 405, Abstract No. 567, Tracts 2, 3, and
4, Rowena Shaeffer Farm Tracts Subdivision and the Randy Farenthold Properties, Lot 1,
also known as Parcel Nos. 19, 24, 28, 29. & 30, as shown on the attached Exhibits A, B,
C, D, E, F, G, & H; 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 Parcel Nos. 19, 24,
28, 29, & 30, save and except the City seeks to acquire no oil and gas rights.
SECTION 3. That the public necessity and convenience require condemnation of
the 14.019 acres for the utility easement and 19.463 acres for the temporary construction
easement out of Lots 57 and 64, Artemus R. Roberts Subdivision, the North one-half of
the northeast one-quarter of Survey 409, Abstract No. 555, the Beaty, Seale, and
Forwood Survey No. 405, Abstract No. 567, Tracts 2, 3, and 4, Rowena Shaeffer Farm
Tracts Subdivision and the Randy Farenthold Properties, Lot 1, also known as Parcel
Nos. t9, 24, 28, 29, & 30, in order to construct a water transmission main in cormection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road Project and
for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to
institute condemnation proceedings against Joe Braman and D. H. Braman, Jr.,
Individually and as Trustee of the Kate S. O'Conner Trust for Thomas Edward Bratnan,
and D. H. Braman III, Owners of the 14.019 acres for the utility easement and 19.463
acres for the temporary construction easement out of lots 57 and 64, Artemus R. Roberts
Subdivision, the North one-half of the noaheast one-quarter of Survey 409, Abstract No.
555, the Beaty, Seale, and Forwood Survey No. 405, Abstract 567, Tracts 2, 3, and 4,
Rowena Shaeffer Farm Tracts Subdivision and out of the Randy Farenthold Properties,
Lot 1, also known as Parcel Nos. 19, 24, 28, 29, & 30, as shown on the attached Exhibits
A, B, C, D, E. F, G, & H which Parcels are located in Nueces County, Texas.
SECTION 5. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
Armand~
CITY OF CORPUS CHRISTI
Legal form approved on 4pr, I I~- , 2000; James R. Bray, Jr., City Attorney.
By:
H As
Joseph , Attorney
Corpus Christi, Texas
{(L~da~y of ~ ,2000
The above msohtion was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Amold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
0240.14
URBAN
ENGINEERING
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~361)854-3101
BOX 6355 * CORPUS CHRISTL TEXAS 78466-6355 FAX (361)854-6001
Job No. 33760.9802
March 18, 1999
Revised: May 12, 1999
PARCEL 19
STATE OF TEXAS
COUNTY OF NUECES
Fieldnotes for a 60.00 foot wide easement out of Lots 57 and 64, Artemus R. Roberts Subdivision, a map
of which is recorded in Volume 3, Page 41, Map Records of Nueces County, Texas and being out of that certain
property described in Special Warranty Deed recorded in Document No. 837197, Official Records of Nueces
County, Texas; said 60.00 foot wide easement being more fully described as follows:
Beginning at a point on the common boundary of Lot s 64 and 65 of said Artemus R. Roberts Subdivision
for the southwest comer of this easement, from which comer the southwest comer of said Lot 64 beam South
00°48'44" East, at 713.79 feet pass a 5/8 inch iron rod found forth. southeast comer of said Lot 65 and
continuing South 00°48'44" East, in all a total distance of 1017.95 feet, from which southwest comer of Lot 64 a
found 5/8 inch iron md beam South 89°11 '45" West 0.31 feet and from which Point of Beginning a National
Geodetic Survey monument, stamped "SO-200" beam South 49'53'55" East 3477.23 feet;
Thence North 00°48'44" West, with said common boundary of Lots 64 and 65, same being the west
boundary of this easement, 78.02 feet forthe northwest comer of this easement;
Thence South 51 °04'46" East, with the north boundary of this easement, crossing said Lots 64 and 57, a
distance of 1694.51 feat to the common boundary of said Lot 57 and of a 20.00 acre tract out of the North 1/2 of
the Northwest 1/4 of Survey No. 409, Abstract No. 555, originally granted by virtue of A.B. & M. Land Scrip No.
959, Nueces County, Texas forthe northeast comer of this easement; said 20.00 acre tract recorded in Volume
1573, Pages 282 through 285, Deed Records of Nueces County, Texas;
Thence South 89'11 '45" West, with the common boundary of said Lot 57 and of said 20.00acre tract,
same being the south boundary of this easement, 93.88 feet, for the southeast comer of this easement;
Thence North 51 '04'46" West, the south boundary of this easement, crossing said Lots 57 and 64, a
distance of 1572.43 feet to the Point of Beginning and containing 98,008.315 square feet (2.250 acres) of land.
Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monuments
"SO-200" (North coordinate =17,184,313.4780 East coordinate =1,294,118.4750) and 'SO-230" (North
coordinate = 17,200,858.5580 East coordinate = 1,265,870.2890) were used as control points for establishing
basis of bearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (NAb83).
JUAN J. SALAZAR, R.P.L.S.
License No. 4909
EXHIBIT
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2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 78404
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E URBAN
(361)854-3101
P.O. BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6355
STATE OF TEXAS
COUNTY OF NUECES
PARCEL 24
FAX (361 )854-6001
Job No. 33760.9802
March 18, 1999
Revised: May 13, 1999
Revised: May 27, 1999
Revised: July 2, 1999
Fieldnotes for a 60.00 foot wide easement out of an 80.00 acre tract; said 80.00 acre tract being the North
1/2 of the Northeast 1/4 of Survey No. 409, Abstract No. 555, originally granted by virtue of A.B. & M. Land Scalp
No. 959, Nueces County, Texas; said 80.00 acre tract recorded in Volume 1840, Page 446, Deed Records of
Nueces County, Texas and in Volume 2105, Pages 390 through 398, Deed Records of Nueces County, Texas
and Document No. 199805473, Official Records of Nueces County, Texas; said 60.00 foot wide easement being
more fully described as follows:
Beginning at a point on the east boundary of McKenzie Road (F.M. Highway 3386), a public roadway, for
the southwest comer of this easement, from which comer the northwest comer of a 40.00 acre tract out of the
South 1/2 of the Northeast 1/4 of Survey No. 409, Abstract No. 555, originally granted by virtue of A.B. & M. Land
Scalp No. 959, Nueces County, Texas, said 40.00 acre tract recorded in Volume 1640, Page 446, Deed Records
of Nueces County, Texas and Document No. 1996000800, Offidal Records of Nueces County, Texas, and the
southwest comer of said 80.00 acre tract beam North 51 °04'46' West 77.92 feet to the centedine of said McKinzle
Road and thence South 00°43'12" East, with said centeffine, 116.05 feet and from which Point of Beginning a
National Geodetic Survey monument, stamped 'SO-200" beam South 87'10'50' West 107.63 feet;
Thence North 00°43'12· West, with the east boundary of said McKenzie Road, same being the west
boundary of this easement, 77.92 feet for the northwest comer of this easement, from which comer a cotton
spindle found for the northwest comer of said Northeast 1/4 of Survey No. 409 beam North 51 '04'46" East 77.92
feet and thence North 00'43'12' West 1140.50 feet;
Thence South 51 °04'46' East, with the north boundary of this easement, crossing said 80.00 acre tract,
150.60 feet for an angle point of this easement;
Thence South 51 °05'12" East, continuing with the north boundary of this easement, 54.67 feet to the
common boundary of said 80.00 acre tract and of the aforementioned 40.00 acre tract for the northeast comer of
this easement, from which comer a 5/8 inch iron rod found for the northeast comer of said 40.00 acre tract and for
the southeast comer of said 80.00 acre tract bears North 89°11 '45" East 2433.34 feet;
Thence South 89°11'45" West, with the common boundary of said 40.00 acre tract and of said 80.00 acre
tract, same being the south boundary of this easement, 93.89 feet for the southeast comer of this easement;
Thence North 51 '04'46" West, with the south boundary of this easement, 83.34 feet to the Point of
Beginning and containing 8,658.223 square feet (0.199 acres) of land.
Bearings based on GPS boarings, NAD83, Texas South Zone. National Geodetic Survey monuments
'SO-200" (North coordinate =17,184,313.4780 East coordinate =1,284,118.4750) and'SO-230"(North
coordinate =17,200,858.5580 East coordinate = l ,265,870.2890) were used as contrcl points for establishing
basis of beadrig. Coordinates shown d on Texas State Plane Coordinate System, South Zone (NAD83).
~sshov~.~...~/.Q URBAN E~A~GI;
JUAN J. SALAZAR, R.P.L.S. C
CORPUS C
C:~IT~ROJt-1376~qFN'EXHI~24.~c I~Urt=) ,,COrn
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(361)854-3101
STATE OFTEXAS
COUNTY OFNUECES
P,O BOX 6355 · CORPUS CHRIST1, TEXAS 7846b-6355 FAX (361)854-6001
Job NO. 33760.9802
March 18. lg99
Revised: May 13, 1999
Revised: May 27, 1999
PARCEL 28
Fieldnotes for a 60.00 foot wide easement out of a portion of a 742.540 acre tram; said 742.540 acre tract
being out of the Beaty, Seale & Forwood Survey No. 405, Abstract 567, Nueces County, Texas and said 742.540
acre tract recorded in Document No. 199805473, Official Records of Nueces County; said 60.00 foot wide
easement being more fully described as follows:
Beginning at a point on the common boundary of said Beaty, Seale & Forwood Survey No. 405 and of a
79.80 acre tract, said tract being the Southeast 1/4 of Survey No. 409, Abstract No. 555, originally granted by
virtue of A.B. & M. Land Scrip No. 959, Nueces County, Texas, said 79.80 acre tract recorded in Volume 1417,
Pages 483 through 485, Deed Records of Nueces County, Texas, forthe northwest comer of this easement, from
which comer a 5/8 inch iron md found for the northwest comer of said Beaty, Seale& Forwood Survey No. 405
bears North 00°46'46" West 700.50 feet to a found 5/8 inch iron rod and thence North 00°45'46" West 2642.13
feat and from which Point of Beginning a National Geodetic Survey monument, stamped 'SO-200' beare North
53°18'19" West 3400.27 feet;
Thence South 51 '05'12" East, with the north boundary of this easement, crossing said Beaty, Seale&
Forwood Survey No. 405, a distance of 3022.05 feat to the common boundary of said Beaty, Seale& FonNood
Survey No. 405 and of a 405.957 acre tract out of the Rowena Shaeffer Fam~ Tracts Subdivision, a map of which
is recorded in Volume 3, Page 17, Map Records of Nueces County, Texas for the northeast comer of this
easement, from which comer a point on the centerline of Rand Morgan Road for the southeast comer of said
Beaty, Seale & Forwood Survey No. 405 beare North 89'13'32" East 2981.66 feat;
Thence South 89'13'32' West, with the above mentioned common boundary line, same being the south
boundary of this easement, 93.95 feat for the southeast comer of this easement, from which comer a 5/8 inch iron
rod found forthe northeast comer of said 405.957 acre tract beam South 89°13'32- West 542.56 feat;
Thence North 51 '05'12" West, with the west boundary of this easement, crossing said Beaty, Seale &
Forwood Survey No. 405, a distance of 2899.94 feat to the aforementioned common boundary of said Beaty,
Seale& Forwood Survey No. 405 and of said 79.80 acre tract for the southwest comer of this easement, from
which comer a 5/8 inch iron rod found for the southwest comer of said Beaty, Seale & Forwood Survey No. 405
beare South 00'46'46" East 1852.65 feet;
Thence North 00°46'46" West, with the above mentioned common boundary, same being the west
boundary of this easement, 77.97 feat to the Point of Beginning and containing 177,659.758 square feet (4.079
acres) of land.
Bearings based on GPS bearings, NAD83, Texas South Zone. National Geodetic Survey monuments
"SO-200" (North coordinate =17,184,313.4780 East coordinate =1,284,118.4750) and"SO-230'(North
coordinate =17,200,858.5580 East coordinate =1,265,870.2890) were used as control points for establishing
basis of bearing. Coordinates shown are based on Texas State Plane Coordinate System, South Zone (N 83).
URBAN ENGINEERING
E, 2725 SWANTN R . JUAN J. SALAZAR, r.P.l.~. '~'.~"'~,~'{~":,:':
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ENGINEERING
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(361)854-3101
STATE OFTEXAS
COUNTY OF NUECES
P.O. BOX 6355 * CORPUS CHRIST1. TEXAS 78466'6355
Job No. 33760.9802
March 19, 1999
Revised: May 13, 1999
PARCELS 29 AND 30
FAX (361)854.6001
Fieldnotes for a 60.00 foot wide easement end approximately 35 00 foot wide easement out of a 405.957 acre
t~act described in deed recorded in Document No. 1998054751, Official Records of Nueces County, Texas; said
405.957 acre t~act being out of Tracts 2, 3 and 4, Rowena Shaeffer Farm Tracts Subdivision, a map of which is
recorded in Volume 3, Page 41, Map Records of Nueces County, Texas and also out of Randy Farenthold Properties
Lot 1, a map of which is recorded in Volume 35, Page 157, Map Records of Nueces County, Texas; said easement
being more fully described as follows:
Beginning at a point on the common boundary of a 742.540 acre tract out of the Beaty, Seala & Forwood
Survey No. 405 and of said Tract 2, Rowena Shaeffer Farm Tracts Subdivision, for the northwest corner of
easement, from which comer a 518 inch iron rod found for the noffi"~Nest comer of said 405.957 acre t~'act beam South
89'13'32" West 542.56 feet and from which Point of Beginning a National Geodetic Survey monument, stamped "BO-
200" beam North 51 °43'59' West 6347.87 feet;
Thence North 89°13'32" East, with the above mentioned common boundary line, same being the north
boundary of this easement, 93.95 feet for a comer of this easement, from which comer the northeast comer of a 20.00
acre tract recorded in Volume 2105, Page 390, Deed Records of Nueces County, Texas bears North 89"13'32" East
1661.61 feet;
Thence South 51°05'12" East, continuing with the norlherly boundary of this easement, crossing said Tracts 2,
3 and 4, a distance of 3821.04 feet to the existing west boundary of Rand Morgan Road (F.M. Highway 2292) forthe
northeast comer of this easement;
Thence Souffi 00°44'08" East, passing through said Tract 4 and said Randy Farenthold Properties Lot 1, with
said existing west boundary of Rand Morgan Road, same being the east boundary of this easement, at 639.66 feet
pass a found 5/8 inch iron rod, at 762.84 feet pass another found 5/8 inch iron rod, in all a total distance of 2681.82 feet
to the intersection of said west boundary of Rand Morgan Road and the 100.00 foot wide Tex-Mex Railroad right-of-way
for the southeast comer of this easement;
Thence South 88°34'13" West, with the north boundary of said Tex-Mex Railroad right-of-way, same being the
south boundary of said 405.957 acre tract and of this easement, 31.69 feet for the souffiwest comer of this easement,
from which comer a 518 inch iron rod found for southwest comer of said 405.957 acre t~act bears South 88'34'13' West
3540.93 feet;
Thence North 00°54'31 · West, with the westerly boundary of this easement, passing through said Tract 4 and
said Randy Farenthold Properties Lot 1, a distance of 2637.14 feet for a comer of this easement;
Thence North 51 °05'12" West, corffinuing with the westerly boundary of this easement, passing through said
Tracts 4, 3, and 4, a distance of 3891.57 feet to the Point of Beginning and containing 326,323.530 square feet (7.491
acres) of land.
Bearings based on GPS beatings, NAD83, Texas South Zone. National Geodetic Survey monuments 'SO-
200" (Norlh coordinate = 17,184,313.4780 East coordinate = 1,284,118.4750) and "SO-230" (North coordinate
17,200,858.5580 East coordinate =1,265,870.2890) were usad as cont~ol points for establishing basis of be '
Coordinates shown are based on Texas State Plane Coordinate System, SOL~ Zone (NAD83).
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