HomeMy WebLinkAbout024744 RES - 01/29/2002RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN A UTILITY AND TEMPORARY EASEMENT AS FOLLOWS:
UTILITY EASEMENT OF 2.847 ACRES AND TEMPORARY EASEMENT
OF 2.033 ACRES, BEING PARCEL 7 OUT OF LOTS 3 AND 4, SECTION
7, BOHEMIAN COLONY LANDS; UTILITY EASEMENT OF .454
ACRES AND TEMPORARY EASEMENT OF .674 ACRES, BEING
PARCEL 8A OUT OF LOTS 3 AND 4, SECTION 7, BOHEMIAN
COLONY LANDS, ALL AS SHOWN ON THE ATTACHED EXHIBIT A,
FROM THE OWNER CARDCO, 1NC., TO CONSTRUCT WASTEWATER
IMPROVEMENTS IN CONNECTION WITH THE CAROLYN HEIGHTS
DIVERSION TO GREENWOOD WWTP - 30" LINE, PROJECT 7196,
AND FOR OTHER MUNICIPAL PURPOSES.
WHEREAS, it is necessary to acquire the utility easement of 2.847 acres and temporary
easement of 2.033 acres, being Parcel 7 out of Lots 3 and 4, Section 7, Bohemian Colony Lands;
utility easement of .454 acres and temporary easement of.674 acres, being Parcel 8a out of Lots
3 and 4, Section 7, Bohemian Colony Lands, as described on the attached Exhibit A, on behalf of
the City to construct wastewater improvements in connection with the Carolyn Heights
Diversion to Greenwood WWTP - 30" Line, Project 7196, and for other municipal purposes; and
WHEREAS, the City has made an offer to purchase the utility easement of 2.847 acres,
and temporary easement of 2.033 acres, being Parcel 7 out of Lots 3 and 4, Section 7, Bohemian
Colony Lands; utility easement of .454 acres and temporary easement of .674 acres, being
Parcel 8a out of Lots 3 and 4, Section 7, Bohemian Colony Lands, for the sum of $51,400 based
on the fair market value established by an independent appraiser; and pursuant to law has
provided the owner with appraisal reports.
WHEREAS, the owner, Cardco, Inc. has been unable to agree with the City on fair
market value of the acreage and further negotiations for settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the utility easement
of 2.847 acres and temporary easement of 2.033 acres, being Parcel 7 out of Lots 3 and 4,
Section 7, Bohemian Colony Lands; utility easement of .454 acres and temporary easement of
.674 acres, being Parcel 8a out of Lots 3 and 4, Section 7, Bohemian Colony Lands, as
described on the attached Exhibit A, save and except 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 appraisal reports and made
a bona fide offer to Cardco, Inc., in the amount of $51,400 for the utility easement of 2.847 acres
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024744
and temporary easement of 2.033 acres, being Parcel 7 out of Lots 3 and 4, Section 7, Bohemian
Colony Lands; utility easement of .454 acres and temporary easement of .674 acres, being
Parcel 8a out of Lots 3 and 4, Section 7, Bohemian Colony Lands, as described on the attached
Exhibit A; and the Owner 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 acquisition of the easements as described on
the attached Exhibit A.
SECTION 3. That the public necessity and convenience require condemnation of the
utility easement of 2.847 acres and temporary easement of 2.033 acres, being Parcel 7 out of
Lots 3 and 4, Section 7, Bohemian Colony Lands; utility easement of .454 acres and temporary
easement of.674 acres, being Parcel 8a out of Lots 3 and 4, Section 7, Bohemian Colony Lands,
as described on the attached Exhibit A, to construct wastewater improvements in connection with
the Carolyn Heights Diversion to Greenwood WWTP - 30" line Project and for other municipal
purposes.
SECTION 4. That the City Attomey is hereby authorized and directed to institute
condemnation proceedings against Cardco, Inc., Owner of the acreage, to acquire the utility
easement of 2.847 acres and temporary easement of 2.033 acres, being Parcel 7 out of Lots 3
and 4, Section 7, Bohemian Colony Lands; utility easement of .454 acres and temporary
easement of .674 acres, being Parcel 8a out of Lots 3 and 4, Section 7, Bohemian Colony Lands,
as described on the attached Exhibit A, which acreage is located in the city limits of Corpus
Christi, Nueces County, Texas.
SECTION 5. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
Armando Chapa, City Secretary
CITY OF CORPUS CHRISTI
Legal form approved one, 2002; James R. Bray, Jr., City Attorney
tl'~PButke' Jr' (7
[~jsistant City Attorney ~
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CORPUS CHRISTI, TEXAS
The above resolution was passed by the follo:Mng vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
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024744
--;te : ~ Mproject \ lar~docqex~hibits \ exh ?196.dwg
LOCATION MAP
NJ.S.
EASEMENT
0.454 ACRES
PARCEL 8A
SARATOGA BLVD. ( STATE HWY, 357 ) 120' R,O.W.
Project #7196 - Carolyn Heights Diversion to
Greenwood WWTP 2000ss
Parcel 7 & 8A
Utility Easement
City of Corpus Christi, Texas
VICINITY MAP
City Council Exhibit
Department of Engineering Services
Date: 01-22-2002
Page: i of 1
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