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HomeMy WebLinkAbout024312 RES - 12/19/2000RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO A STRIP OF LAND OUT OF LOT 23A, BLOCK 2 EDGEWATER TERRACE, LOCATED ON ENNIS JOSLIN ROAD, SOUTH OF CARSON STREET, FROM THE OWNERS, JOHN L. JOHNSON AND WIFE, JANET JOHNSON, 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 1,170.02 square feet, out of Lot 23A, Block 2 Edgewater Terrace Subdivision, also known as Parcel 40, 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 40 for a sum of $3,160 based on the fair market value established by an independent appraiser; and pursuant to thc Law the City has provided the Owners with appraisal reports. WHEREAS, the Owners, John L. Johnson and wife, Janet Johnson, (collectively called "Owners"), have been unable to agree with the City on the fair market value of Parcel 40 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 1,170.02 square feet out of Lot 23A, Block 2 Edgewater Terrace Subdivision, also known as Parcel 40, 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 (John L. Johnson and wife, Janet Johnson) of the tract of land out of Lot 23A, Block 2 Edgewater Terrace Subdivision containing 1,170.02 square feet, also known as Parcel 40, 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 the acquisition of Parcel 40, save and except the oil and gas rights. SECTION 3. That the public necessity and convenience require condemnation of the tract of land containing 1,170.02 square feet out of Lot 23A, Block 2 Edgewater Terrace Subdivision, also known as Parcel 40, in order to construct street and utility 024312 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 John L. Johnson and wife, Janet Johnson, Owners of the tract of land containing 1,170.02 square feet out of Lot 23A Block 2 Edgewater Terrace Subdivision, also known as Parcel 40, 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: A a d apa, City Secretary CITY OF CORPUS CHRISTI ~amuel L. ~e~, Jr., Legal form approved on /0tJt¥~t[ev' // ,2000; James R. Bray, Jr., City Attorney. Joseph Ha0ae31 A~si~tatlt City, Attorney Corpus Christi, Texas ,2000 The above resolution is 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 024312 NUECES COUNTY-3596-002-PARCEL 40 BEING A 108.698 SQUARE METER (1,170.02 SQUARE FOOT) TRACT OF LAND OUT OF LOT 23A, BLOCK 2, EDGEWATER TERRACE, A MAP OF WHICH IS RECORDED IN VOLUME 50, PAGE 43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, THIS TRACT BEING MORE.PARTICULARLY DESCRIBED BY METES AND BOUNDS A~ FOt.t.OWS; 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 1SM (5/8 inch) iron rod, found, for the west corner of this u'agt, point being the west comer of said Lot 23A, as shown on above referenced recorded map and same point being a point on curve to the right, which has a central angle of 01° 09' 08", a radius 209.102 meters (686.03 feet), a tangent distance of 2.103 meters (6.90 feet), an arc length of 4.205 meters (13.80 feet) and whose radius point bears, South 55' 33' 04" East, a distance of 209.102 meters (686.03 feet); (1) Ti~NCE, with said curve to the fight, in a northeasterly direction, an arc distance of 4.205 meters (13.80 feet), to a 1SM (5/8 inch) iron rod, found for a comer of thiR tract, ~me point being a comer of said Lot 23A, as shown on above referenced recorded map of Lots 23A and 24A, Block 2, Edgewater 'Fen'ace; ...... No~h '" .... ' ....... ': ....... c ~o ~ ...... (oa 0'~ feet) to a 15M (5/8 inch) iron rod, with alurmnum cap, stamped RPLS 4700, set, on the southwest boundary line 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, for the north comer of this tract; (3)~ THENCE, South 54o 23' 56" East, with said southwest boundary line of Lot 22, same line being the northeast boundary line of said Lot 23A, as shown on above referenced recorded map of Lots 23A and 24A. Block 2. Edgewater Terrace. a distance of 4.125 meters ( 13.53 feet}, to 15M (5/8 inch) iron rod, with aiUrmnum cap, stamped RPLS 4700, .~et, for the east comer c~f this tract. ~om ,,,,'h/ch ?vint a 15M (5/8 inch) iron rod. found. tbr the south comer of said Lot 22. bears South 54© 23' 56" East, a distance of 54.797 meters (179.78 feet): (4) THENCE, South 38© 29' 00" West. a distance of 28.701 meters 194. t0 reetl, to a (5/8 inch) iron rod. with aluminum cap, stamped RPLS 4700, set, for a comer of this tract, same point being the point of curvature of a circular curve to the left, which curve (5) has a central angle of 01° 09' 10', a radius of 206.42 meters (677.23 feet), a tungent distance of 2.077 meters (6.81 feet), and an arc length of 4.153 meters (13.63 feet); TRENCE, with said curve to the left, in a southwesterly direction, an arc dislance of 4.153 metes (13.63 feet), to a 15M (5/8 inch) iron rod, with a!,minnm ~ sn,mped RPLS 4700, set, on the southwest boundary line of aforementioned Lot 23A, for the south comer of this tract; (6) TItENCE, North 54© 23' 56" West, with said southwest boundary line of Lot 23A, ~me line being the northeast boundary line of aforementioned Lot 24A, both as fllown on above r~ferenced recorded map of Lots 23A and 24A, Block 2, Edgewat~r T~ge, a distance of 2.682 meters (8.80 feet, to the PLACE OF BEGIlhrNING and~ ~g 108.698 square memm (1,170.02 square feet) of land. ___ The foregoing description was prepared from a survey made on the ground, under my dir~xion on October 3, 2000. '~'" P~INT ~ BEGINNING-"-'"--.. N 54' c~. ~'~"'~""~ LDT 83 A ~. 3.~-~.~e.. & ~ JANET JOHNSON D~C.T. LOT 84A m CURVE DATA CURVE DATA A = 01'09' 10° Tm .~ 2.077 (6.81') Rm - 20~.420 (6T7.25') EXHIBIT B Total Area = 1,904.774 M2 (20.502.82 se. ft.) Taking = 108.698 M2 (I.170.02 sq. ft.) Remainder = 1,796.076 M2 (lg.332.800 sq. ft.) BEARJNGS ARE BASED ON THE CE~ERUNE OF' SPUR ,3 B~ A BRID~/ SPIKE SET AT R.T. STA. ,~3+54,.3.300~ AND F.C. 3T4. 53+676.25~4 BE]NO N 37'17' 3~-' E. GRID EIEAR~NG. THIS MAP REPRESE)%rr~ A BOUNDARY SUEVEY / NOTE: 15 U I.R. EQUATES TO 5/8 ' IRON ROD. I rOE~tD IRON ROD FOUND IRON ROD SET W/ ALUMINUM CAP FOUND IRON PIPE DRILL HOLE SET FOUND BR~.~S DiSK NAISlVIITH ENGINEERING, INC. '~UECES COUNTY: ~596-0~-002: PARCEL 40 OUT OF LOT 23A. BLOCK 2, EDGEWATER TERRACE AS RECORDED IN VOLUME 50, RAGE 45 MAP RECORDS NUECES COUNTY TEXAS.