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'
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EXHIBIT A