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HomeMy WebLinkAbout024213 RES - 09/19/2000RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN A UTILITY EASEMENT CONTAINING .776 ACRE AND A TEMPORARY CONSTRUCTION EASEMENT CONTAINING 2.028 ACRES OUT OF SHARES 3 & 4 OF THE JOHN HARNEY PARTITION, 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 .776 acre and a temporary construction easement containing 2.028 acres out of Shares 3 and 4 of the John Harney Partition, also known as Parcel Nos. 8 and 9, on behalf of the City to construct a water transmission main in connection with the Southside Transmission Main - Stevens Plant to Clarkwood Road Project and other municipal purposes. WHEREAS, the City has made an offer to purchase Parcel Nos. 8 and 9 for the sum of $4,796 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, Tamez Development Corp. and John C. Tamez, have been unable to agree with the City on the fair market value of Parcel Nos. 8 and 9 and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the utility easement containing .776 acre and a temporary construction easement containing 2.028 acres out of Shares 3 and 4 of the John Harney Partition~ also known as Parcel Nos. 8 and 9, 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 (Tamez Development Corp. and John C. Tamez) of the .776 acre for the utility easement and the 2.028 acres for the temporary construction easement out of Shares 3 and 4 of the John Harney Partition. also known as Parcels 8 and 9 as shown on the attached 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 Parcel Nos. 8 and 9, save and except the City seeks to acquire no oil and gas fights. 024213 SECTION 3. That the public necessity and convenience require condemnation of the .776 acre for the utility easement and the 2.028 acres for the temporary construction easement out of Shares 3 and 4 of the John Harney Partition, also known as Parcel Nos. 8 and 9, in order to construct a water transmission main in connection 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 Tamez Development Corp. and John C. Tamez , Owners of the .776 acre for the utility easement and 2.028 for the temporary construction easement out of Shares 3 and 4 of the John Harney Partition, also known as Parcel Nos. 8 and 9, as sho~vn on the attached Exhibit "A", which parcels are iocated 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 ~, ~3 ,2000; Jimmy Bray, Jr., City Attomey By: Jos~ame!~~ity Attorney Corpus Christi, Texas The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Hemry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 024213 146.4`3 AC. OUT OF ORIGINAL 200 AC. MERR~'F TRACT. SAiD ~ TRACT 7, J.A. HUNTER SUBDIVISION ~ 146.4-3 AC. TRACT RECORDED IN VOL. 3, PG. 27, M.R.N.C.'r. DOC. NO. 19980~f2BlO, OFRCIAL RECORDS OF NUECES COUNTY, Ns,rOt'lrw loSO.52' ' TEXAS. / 525.2s' ~ ~ z~ ~-~ EXHIBIT A