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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 H:\LEG-DIR\JOFFN\RESOLUTI\JPB007.RES 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 ~ H :\LEG-DIR\JOHN\RESOLUTI\J PB007,R ES 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 H:\LEG-DIR\JOHN\RESOLUTI\J PB007.RES 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 EXHI~ IT