Loading...
HomeMy WebLinkAbout025155 RES - 01/14/2003RESOLUTION AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO CONDEMN FEE SIMPLE TITLE TO PARCEL 12, BEING ALL OF LOT 1, BLOCK 6, MOUNT VERNON SUBDIVISION, UNIT 2 FROM THE OWNERS, GILBERT ARISPE AND WIFE, FRANCES ARISPE AND RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING THE PROPERTY FOR THE CONSTRUCTION OF STREET AND UTILITY IMPROVEMENTS IN CONNECTION WITH THE MCARDLE ROAD STREET IMPROVEMENT PROJECT, PHASE 3, BOND ISSUE 2000, PROJECT NO. C-6, AND FOR OTHER MUNICIPAL PURPOSES. WHEREAS, it is necessary to acquire tee simple title to Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision. Unit 2. on behalf of the City in connection with the McArdlc Road Street hnprovement Project, Phase 3 and for other municipal purposes; and WHEREAS, the City has made an offer to purchase Parcel 12, being all of Lot 1 Block 6, Mount Vernon Subdivision, Unit 2. for thc sum of $58,000 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, Gilbert Arispe and wife, Frances Arispe, 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 Lot 1, Block 6, Mount Vernon Subdivision, Unit 2, 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. ]'hat the City of Corpus Christi has transmitted appraisal reports and made a bona fide offer to the Owners, Gilbert Arispe and wife, Frances Arispe, in the amount of $58,000 Ibr Lot 1, Block 6, Mount Vernon Subdivision. Unit 2; 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. SECTION 2. That public necessity requires acquisition of the unencumbered fee simple tile to Parcel 12, being all of Lot 1 Block 6, Mount Vernon Subdivision, Unit 2, save and except the City seeks to acquire no oil and gas rights. SECTION 3. That the public necessity and convenience require condemnation of Parcel 12, being all of Lot 1, Block 6, Mount Vernon Subdivision, Unit 2, for the construction of street and utility improvements in connection with the McArdle Street Road Improvement Prqject, Phase 3 and for other municipal purposes. SECTION 4. That the City Attorney is hereby authorized and directed to institute condemnation proceedings against Gilbert Arispe and wife, Frances Arispe, Owners of the property, to acquire the unencumbered tee simple title to Lot 1 Block 6, Mount Vernon Subdivision. Unit 2. excluding the oil and gas rights, which property is located in Nueces County, Texas. SECTION 5. l'hat this resolution shall take effect immediately from and after its passage. ATTEST: Armando Chapa,'~C'ity Se~etary l,egal form approved on "~ James R. Bray, City Attorney C~ CITY OF CORPUS CHRISTI I, Jr., Mayor ~/ ,2003 By: Joseph(.~arney, AssiStant City Attorney day of }~[~, [(l.~,q. , 2003. The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero ttenry Garrett Bill Kelly Rex A. Kinnison John Longoria Jesse Noyola Mark Scott