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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 H:\LEG-DIR~JOHN\RESOLUTI\JPB008 RF, S 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 I I:\I.EG-DIR\JOHN\RESOLUTI\JPB008.RES CORPUS CHRISTI, TEXAS ,h/l~ / .:, 200>~ 7~'~1 DAYOF ('l('~'{~(-fq~l',j ,~:00~ 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 O Z L~ L~ SARATOGA BLVD. .,,~////////////////////////////////////////////////////////////////~, 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