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