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HomeMy WebLinkAbout024412 RES - 03/27/2001RESOLUTION RECOGNIZING PUBLIC NECESSITY OF AND AUTHORIZING ACQUIRING FEE SIMPLE TITLE TO 67.3 ACRES OF LAND IN CONNECTION WITH THE RINCON BAYOU WATER DIVERSION PROJECT IN SAN PATRICIO COUNTY, TEXAS, AND ACQUIRING SAID TITLE BY EMINENT DOMAIN OR OTHERWISE, SAID 67.3 ACRES BEING OUT OF THE VICTORIANO JUARES AND PEDRO VILLAREAL GRANT, A-32, SAN PATRICIO COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THAT CERTAIN DEED DATED AUGUST 21, 1912, RECORDED IN VOLUME 43, PAGE 372 OF THE DEED RECORDS OF SAN PATRICIO COUNTY, TEXAS. WHEREAS, the City of Corpus Christi ("City") proposes to implement a Diversion Project to enhance the exchange of water from the Nueces River into the upper Rincon Bayou in order to improve the ecological productivity of the Nueces River Delta/Nueces Estuary system and to obtain a favorable amendment to the 1995 Agreed Order on Freshwater inflows to the Nueces Estuary from the Texas Natural Resource Conservation Commission. WHEREAS, there is a public necessity to acquire fee simple title to a tract of land containing 67.3 acres out of the Victorian Juares and Pedro Villareal Grant, A-32, San Patricio County, Texas and more particularly described in that certain deed dated August 21, 1912, recorded in Volume 43, Page 372 of the Deed Records of San Patricio County, Texas in order to implement the Rincon Bayou Water Diversion Project. WHEREAS, the City is a manicipal corporation and under Texas eminent domain laws has the right to acquire fee simple title to the surface estate for the Rincon Bayou Water Diversion Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, City Attorney, and agents of the City, are authorized to acquire either by negotiated purchase or by condemnation proceedings under Texas law, the fee simple title to 67.3 acres of land more or less in San Patricio County, Texas, more particularly described in that certain deed dated August 21, 1912, recorded in Volume 43, Page 372 of the Deed Records of San Patricio County, Texas in order to implemem the Rincon Bayou Water Diversion Project. SECTION 2. That public necessity requires the acquisition of said 67.3 acres, save and except the City seeks to acquire no oil, gas, and mineral rights. SECTION 3. That the City Manager, City Attorney and agents of the City are authorized and directed to take such action as in their judgment is necessary in connection with the filing and handling of any condemnation case for the acquisition of said 67.3 acres. SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary uel L. N~al, Jr., Ma) o/ Legal form approved on ~,~, z ? ,2001; James R. Bray, Jr., City Attorney. By: Jose ~h/~e ¢~ n~t C~t Atto P Y, ' ~ ' y rney 1497111 Corpus Christi, Texas ,2001 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