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Home My WebLink About024311 RES - 12/19/2000RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO A STRIP OF LAND OUT OF LOT 22, BLOCK 2 EDGEWATER TERRACE, LOCATED ON ENNIS JOSLIN ROAD, SOUTH OF CARSON DRIVE, 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, TO CONSTRUCT STREET AND UTILITY IMPROVEMENTS AS PART OF THE SPUR 3 PHASE 2 STREET IMPROVEMENTS PROJECT AND FOR OTHER MUNICIPAL PURPOSES. WHEREAS, it is necessary to acquire fee simple title to a tract of land, containing 2,245.89 square feet, out of Lot 22, Block 2 Edgewater Terrace Subdivision, also known as Parcel 41, on behalf of the City to construct street and utility improvements as part of the Spur 3 Phase 2 street improvements project and for other municipal purposes; and WHEREAS, the City has made an offer to purchase Parcel 41 for a sum of $6,064 based on the fair market value established by an independent appraiser; and pursuant to the Law the City has 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 the 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 (collectively called "Owners"), have been unable to agree with the City on the fair market value of Parcel 41 and further negotiations for settlement have become futile; and WHEREAS, condemnation has become necessary in order to acquire the unencumbered fee simple title to the tract of land containing 2,245.89 square feet out of Lot 22, Block 2 Edgewater Terrace Subdivision, also known as parcel 41, save and except the 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 the 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) of the tract of land out of Lot 22, Block 2 Edgewater 02431 1 Terrace Subdivision containing 2,245.89 square feet also known as Parcel 41, 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 41, 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 tract of land containing 2,245.89 square feet out of Lot 22, Block 2 Edgewater Terrace Subdivision, also known as Parcel 41, in order to construct street and utility improvements as part of the Spur 3 Phase 2 street improvements 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 Pretlo~v Riddick Tejas Trust and Patricia Swam~ Riddcik Tejas Trust; Warren Pretlow Riddick and Patricia Swann Riddick, Co- Trustees of the Cynthia Riddick Marmolejo Tejas Trust and William McDonald Riddick Tejas Trust, Owners of the tract of land containing 2,245.89 square feet out of Lot 22, Block 2 Edgewater Terrace Subdivision, also known as Parcel 41, excluding the oil and gas rights, as shown on the attached Exhibit "A", which parcel is located in Nueces County, Texas. SECTION 5. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI amue . ~a, Jr., Mayor'/-/ Legal form approved on 0,~r~,~i~,/ 0° ,2000; James R. Bray, Jr., City Attorney. By: osep H~,tnt~y, Assistant ~ Attorney Corpus Christi, Texas ,2000 The above resolution 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 024,°, l 1 NUECES COUNTY-3596-002-PARCEL 41 BEING A 208.651 SQUARE METER (2,245.89 SQUARE FOOT) TRACT OF LAND, OUT OF LOT 22, BLOCK 2, EDGEWATER TERRACE, A MAP OF WHICH IS RECORDED IN VOLUME 7, PAGES 38 AND 39, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; Bearings are based on the centerline of SPUR 3 (~.nnis Joslin Road), between a bridge spike set at PT Station 33+543.3008m and PC Station 33+676.2334m being North 37017' 34" East, grid bearing. BEGINNING at a 15M (5/8 inch) iron rod, with aluminum cap, stamp, ed R.P.L.S. 4700, set, on the southeast fight-of-way line of said SPUR 3 (Ennis Joslin Road), for the west comer of this tract, same point being the west comer of said Lot 22; (D THENCE, North 35o 36' 04" East, with said southeast fight-of-way line of SPUR 3, same line being the northwest boundary line of said Lot 22, a distance of 30Aa.~. meters (99.88 feet), to a 15M (5/8 inch) iron rod, with aluminum cap, stan~ed R.P.L.S. 4700, set, for the north comer of this tract, same point being the west comer of Lot 21, said Block 2, Edgewater Terrace and same point being the north comer of said Lot 22: (2) THENCE, South 54° 23' 56" East, with the northeast boundary line of said Lot 22, same line being the southwest boundary tine of said Lot 21, at 4.572 meters (15.00 feet), pass a 1SM (5/8 inch) iron rod, found, in all a distance of 7.62 meters (25.00 feet), to a 1SM (5/8 inch) iron md, with aluminum cap, stamped R.P.L.S. 4700, set, for the east comer of this tract; (3) THENCE, South 38° 29' 00" West, a distance of 30.483 meters (100.01 feet), to a ,~x~ ,~.o :..~,., : ....... ~ .-.;,h ~,,~ ........ ~,~,~,~ v PT C ~-/n~ set, on the southwest bound~ line of said Lot 22, s~e line being the no~heast bound~ line of Lot 23A, Block 2, Edgewater Temce, amp of which is recorded in Volume 50, Page 43~ of the Map Records ot Nueces County, Texas, for the somh comer of this ~act, from which point a 15M (5/8 inch) iron rod, found for the sou~ comer of said Lot 22, bears South 540 23' 56" East. a distance of 54.797 meters (179.78 feet); (4) TI-IENCE, North 54° 23' 56" West, with said con~uon boundary line of Lots 22 and 23A, at 4.125 meters (13.53 feet), pass the north comer of said Lot 23A, as shown on above referenced recorded map of Lots 23A and 24A, Block 2, Edgewater Terrace, in all a distance of 6.087 meters (19.97 feet) to the PLACE OF BEGINNII~IG and containing 208.651 square meters (2,245.89 square feet) of land. The foregoing description was prepared from a survey made on the ground, under my direction on October 3, 2000. Naismith Engineering, Inc. David A. Pyle, R.I~.L.S. g-4700 ~OINT OF' BEGINNING / N 5~.' 25' 56' 6.087m (19.97° LOT 83 A S 54' 25' 56' E 7.62m (25.00') PARCEL 4.1 208.651 M2 22.4~.89 SQ. FT. LOT 88 ~4~ CYNIHIA RIDDICK M~RMOI. F. JO .,~. & WILLIAM I~DONALD RIDDICK, DOC# 199601O834 O.P.R.N.C.T. EDG£~Y.4 TER TERRA CE LOT~ ~$A g~ 24A, BLOCK 2 VOL. 60, PG. 45 [ DAVID A. PYLE ~/ "":i"~d~"~7' B~INGS ~ ~ ON ~E C~I~ONE OF SPUR 5 B~ A 8RI~E SPIKE S~ AT P.T. ~A. 5~+5~.50~ ANO P.C. ~ ~+676~ 8~NG N ~T17' 5~' E, ~ID B~ING. THIS MAP REPRESENTS A BOUNDARY SURVEY MADE UPON 1HE GROUND ON OCTOBER 3, 2000 FOUND 15 M iRON ROD LOT 81 Total Area = 1,855.851 M2 (190976.00 sq. ft.) Taking = 208.651 M2 (2,245.89 sq. ft.) = ,,~¢7.,,,0 M2 ,-. NOTE: 15 M I.R. EQUATES TO 5/8 " IRON ROD, LEGEND 0 IRON ROD FOUND iRON ROD SET w/ ALUMINUM CAP FOUND IRON PIPE ~ DRILL HOLE SET EXHIBIT B o FOUND BRASS DISK [~i~ NAISMITH ENGINEERING, INC. NUECE$ COUNTY; 3596-01-002; PARCEL 41 SURVEY OF A 208.651 SQUARE METER TRACT UNDER MY SUPERVISION. OUT OF LOT 22, BLOCK 2, EDGEWATER TERRACE .~ /~/ AS RECORDED IN VOLUME 7, PAGES 38-39 /// ' .7 .~ /// .../. / MAP RECORDS NUECES COUNTY TEXAS.