HomeMy WebLinkAbout024745 RES - 01/29/2002RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN A UTILITY AND TEMPORARY EASEMENT AS FOLLOWS:
UTILITY EASEMENT OF 1.258 ACRES AND TEMPORARY EASEMENT
OF 1.095 ACRES, BEING PARCEL 1, OUT OF LOT 8, SECTION 14,
BOHEMIAN COLONY LANDS, AS SHOWN ON THE ATTACHED
EXHIBIT A, FROM THE OWNER, SOUTH TEXAS RAINBOW
LIMITED PARTNERSHIP 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 a utility easement of 1.258 acres and temporary
easement of 1.095 acres, being Parcel 1, out of Lot 8, Section 14, 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 1.258 acres
and temporary easement of 1.095 acres, being Parcel 1, out of Lot 8, Section 14, Bohemian
Colony Lands, for the sum of $15,200 based on the fair market value established by an
independent appraiser; and pursuant to law have provided the owners with appraisal reports.
WHEREAS, the owner, South Texas Rainbow Limited Partnership 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 1.258 acres and temporary easement of 1.095 acres, being Parcel 1, out of Lot 8, Section 14,
Bohemian Colony Lands, as described on the attached Exhibit A.
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 South Texas Rainbow Limited Partnership, in the amount of $15,200 for the
utility easement of 1.258 acres and temporary easement of 1.095 acres, being Parcel 1, out of
Lot 8, Section 14, 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
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0 4745
the attached Exhibit A.
SECTION 3. That the public necessity and convenience require condemnation of the
utility easement of 1.258 acres and temporary easement of 1.095 acres, being Parcel 1, out of
Lot 8, Section 14, 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 Attorney is hereby authorized and directed to institute
condemnation proceedings against South Texas Rainbow Limited Partnership, Owner of the
acreage, to acquire the utility easement of 1.258 acres and temporary easement of 1.095 acres,
being Parcel 1, out of Lot 8, Section 14, 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 on'~g~e~:g.~, 2002; James R. Bray, Jr., City Attorney
(J'-~. [~: ~rkeTJr. i
"~ssistant City Attorney
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CORPUS CHRISTI, TEXAS
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The above resolution was i~assed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
[I:\LEG-DIR\JOHN\RESOLUTRJPB00g. RES
024745
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GREENWOOD WASTEWATEFI / 65' WIDE UTILITY
TF~EATYENT PLANT15 EASEIVlENT
O' WIDE TEYPORAI:iY CONSTRUCTIItN
EASE/dENT
SOUTH TEXAS RAINBOW
VICINITY lvfAP L TO PARTNERSHIP
NOT TO SCALE EXHIBIT "A"
Project #7196 - Carolyn Heights Diversion to CITY COUNCIL EXHIBIT
Greenwood WWTP 2000ss OEPARTUENT OF ENGINEERING SERVICES
.. _ Parcel 1
Utihty/TcmporaryEasement PAGE: I of 1
City of Corpus Christi, Texas DATE: 01-25-2002