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.
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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
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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.
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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
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