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