HomeMy WebLinkAbout024784 RES - 02/26/2002RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN PARCEL 4, COMPRISED OF FEE SIMPLE TITLE TO 275
SQUARE FEET TOGETHER WITH A 550 SQUARE FOOT TEMPORARY
CONSTRUCTION EASEMENT OUT OF LOT 8, SECTION 56, FLOUR BLUFF
AND ENCINAL FARM AND GARDEN TRACTS, FROM THE OWNERS,
GEORGE F. MERZBACHER, JR. AND BETTY BELL MERZBACHER
ROSEBURG, TO CONSTRUCT DRAINAGE IMPROVEMENTS IN
CONNECTION WITH THE JESTER STREET MINOR STORM DRAINAGE
IMPROVEMENTS, PROJECT 2106, AND FOR OTHER MUNICIPAL
PURPOSES.
WHEREAS, it is necessary to acquire fee simple title the 275 square feet,
together with a 550 square foot temporary construction easement, out of Lot 8, Section
56, Flour Bluff and Encinal Farm and Garden Tracts, as described on the attached Exhibit
A, on behalf of the City in connection with the Jester Street Minor Storm Drainage
Improvements, Project 2106, and for other municipal purposes; and
WHEREAS, the City has made an offer to purchase the 275 square feet, together
with the 550 square foot temporary construction easement for the sum of $132.00
based on the fair market value established by an independent appraiser; and pursuant to
Law have provided the owners with appraisal reports.
WHEREAS, the Owners, George F. Merzbacher, Jr. and Betty Bell Merzbacher
Roseburg, have been unable to agree with the City on fair market value of the property
and further negotiations for settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the
unencumbered fee simple title to the 275 square feet, together with the 550 square foot
temporary construction easement, out of Lot 8, Section 56, Flour Bluff and Encinal Farm
and Garden Tracts, 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 the Owners, George F. Merzbacher, Jr. and Betty Bell
Merzbacher Roseburg, in the amount of $132.00 for the 275 square feet, together with the
550 square foot temporary construction easement, out of Lot 8, Section 56, Flour Bluff
and Encinal Farm and Garden Tracts, as described on the attached Exhibit A; and the
Owners and the City of Corpus Christi have negotiated in good faith and cannot agree on
the damages, and further settlement negotiations are futile.
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SECTION 2. That public necessity requires acquisition of the unencumbered fee
simple tile to the 275 square feet, together with the 550 square foot temporary
construction easement, out of Lot 8, Section 56, Flour Bluff and Encinal Farm and
Garden Tracts, as described on the attached Exhibit A, save and except the City seeks to
acquire no oil and gas rights.
SECTION 3. That the public necessity and convenience require condemnation of
the 275 square feet, together with the 550 square foot temporary construction easement,
out of lot 8, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, as described on
the attached Exhibit A, in connection with the Jester Street Minor Storm Drainage
Improvements and for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to
institute condemnation proceedings against George F. Merzbacher, Jr. and Betty Bell
Merzbacher Roseburg, Owners of the property, to acquire the unencumbered fee simple
title to the 275 square feet, together with the 550 square foot temporary construction
easement, out of Lot 8, Section 56, Flour Bluff and Encinal Farm and Garden Tracts, as
described on the attached Exhibit A, excluding the oil and gas rights, which property is
located in Nueces County, Texas.
SECTION 5. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
Ar/m~retary
CITY OF CORPUS CHRISTI
Legal form approved on ?~c,~.~. 2 o , 2002; James R. Bray, City Attorney.
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By:
Josel~ Harney, As~tant City Attomey
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The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kiimison
John Longoria
Jesse Noyola
Mark Scott
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