Loading...
HomeMy WebLinkAbout024413 RES - 03/27/2001RESOLUTION RECOGNIZING PUBLIC NECESSITY OF AND AUTHORIZING ACQUIRING FEE SIMPLE TITLE TO 11.183 ACRES OF LAND, MORE OR LESS, LOCATED IN SAN PATRICIO COUNTY IN THE VICTORIANO JUARES AND PEDRO VILLAREAL GRANT, A-32, IN CONNECTION WITH THE RINCON BAYOU WATER DIVERSION PROJECT IN SAN PATRICIO COUNTY, TEXAS, AND ACQUIRING SAID TITLE BY EMINENT DOMAIN OR OTHERWISE. SAID 11.183 ACRES BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO. 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 11.183 acres of land, more or less, out the Victoriano Juares and Pedro Villareal Grant, A-32, San Patrcicio County, Texas in order to implement the Rincon Bayou Water Diversion Project. WHEREAS, the City is a municipal 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 Attomey, 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 11.183 acres of out of the Victoriano Juares and Pedro Villareal Grant, A-32, San Patricio County, Texas for the Rincon Bayou Water Diversion Project. Said 11.183 acre tract being more particularly described in Exhibit "A" attached hereto. SECTION 2. That public necessity requires the acquisition of fee title to said land, 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 fee title. 149711.3 SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: Legal form approved on 7~.~z. 2 7- By: CITY OF CORPUS CHRISTI '"Samuel L. lqea'f, Jr., Mayor ,2001; James R. Bray, Jr., City Attorney. Joseph ~ey, Assi~st t City Attorney 149711.3 EXHIBIT "A" 1 I. 183 acres of land, more or less, out of the Victoriano Juarez and Pedro Villareal Survey, A-32, San Patricio County, Texas, more particularly described as follows: BEGINNING at the northwest comer of 71 acres conveyed by S.G. Borden and wife, to John B. Hurst by deed recorded in Volume "C", Page 614 of the Deed Records of San Patficio County, Texas to which reference is here made; THENCE, north 75 degrees 15 minutes east with its north boundary, at 324 feet, an angle in same; THENCE, continuing along said north boundary, north 89 degrees 52 minutes east, 600 feet another angle in same; THENCE, north 200 feet to another angle in same; THENCE, west 1050 feet to a point; THENCE, south 51 degrees 47 minutes 54 seconds west, 822.58 feet to a point for the northwest comer of the tract herein described; THENCE, south 17 degrees 45 minutes east, with said east right of way line 150 feet to a point on bank of the Nueces River described in Tract II of that certain Supplemental Water Pipeline Easement and Right-of-Way Agreement dated October 19, 1999 and recorded under Clerk's File No. 478623, Real Property Records of San Patricio County, Texas. THENCE with the meanders of said river bank as follows: N 81 degrees 45 minutes east, 236 feet; N 88 degrees 30 minutes east, 123 feet; S. 79 degrees 30 minutes east, 170 feet to the southwest comer of 71 acres conveyed by S.G. Borden and wife, to John B. Hurst by deed recorded in Volume "C", Page 614 of the Deed Records of San Patricio County, Texas to which reference is here made; THENCE, with the west boundary of said 71 acres, north 30 degrees 35 minutes east, 420 feet to the point of beginning. SAVE AND EXCEPT FROM SAID 11.183 ACRES: (1) all portions of the tract herein described lying within the current right of way of Interstate Highway 37; (2) all portions of the tract herein described owned by thc State of Texas and lying within the bed of the Nueces River. 1497113 3 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 1497113