HomeMy WebLinkAbout025156 RES - 01/14/2003RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN PARCEL 2, COMPRISED OF A RIGHT-OF-WAY EASEMENT AND
A TEMPORARY CONSTRUCTION EASEMENT BOTH OUT OF BLOCK C,
WILKEY ADDITION, LOCATED AT THE NORTHERNMOST CORNER OF
AIRLINE ROAD AND SOUTH PADRE ISLAND DRIVE, FROM THE OWNERS
ROBERT C. SHIH AND WIFE, YALEE SHIH, TO CONSTRUCT STREET AND
UTILITY IMPROVEMENTS AS PART OF THE INTERSECTIONS APPROACH
IMPROVEMENTS PROJECT, BOND ISSUE 2000, AND FOR OTHER
MUNICIPAL PURPOSES.
WHEREAS, it is necessary to acquire a right-of-way easement containing
1,516.81 square feet and a temporary construction easement containing 1,263.20 square
feet out of Block C, Wilkey Addition, also known as Parcel No. 2, on behalf of the City
to construct street and utility improvements as part of the Intersections Approach
Improvements Project, Bond Issue 2000, and other municipal purposes.
WHEREAS, the City has made an offer to purchase Parcel No. 2 for the sum of
$24,647.00 based on the fair market value established by an independent appraiser; and
pursuant to Law the City has provided the Owners with appraisal repons.
WHEREAS, the Owners, Robert C. Shih and Yalee Shih, have been unable to
agree with the City on the fair market value of Parcel No. 2 and further negotiations for
settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the right-
of-way easement containing 1,516.81 square feet and a temporary construction easement
containing 1,263.20 square feet out of Block C, Wilkey Addition, also known as Parcel
No. 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. That the City of Corpus Christi has transmitted a bona fide offer,
including appraisal reports, to the Owners (Robert C. Shih and Yalee Shih) of the
1,516.81 square feet for the right-of-way easement and the 1,263.20 square feet for the
temporary construction easement out of Block C, Wilkey Addition, also known as Parcel
No. 2 as shown 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.
SECTION 2. That public necessity requires acquisition of Parcel No. 2, save and
except the City seeks to acquire no oil and gas rights.
02,51 a6
SECTION 3. That the public necessity and convenience require condemnation of
the 1,516.81 square feet for the right-of-way easement and the 1,263.20 square feet for
the temporary construction easement out of Block C, Wilkey Addition, also known as
Parcel No. 2, in order to construct street and utility improvements as part of the
Intersections Approach Improvements Project and for other municipal purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to
institute condemnation proceedings against Robert C. Shih and Yalee Shih, Owners of
the 1,516.81 square feet for the right-of-way easement and 1,263.20 square feet for the
temporary construction easement out of Block C, Wilkey Addition, also known as Parcel
No. 2, as shown on the attached Exhibit "A", which parcel is located in Nueces County,
Texas.
SECTION 5. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
Armando~
CITY OF CORPUS CHRISTI
Samuel L. '~eal, Jr., Mayor
Legal form approved on /~4r¥~i~,~ k' , 2003;
Jimmy Bray, Jr., City Attorney
By:
Joseph iflarney, Assistd~lt City Attorney
Corpus Christi, Texas
,2003
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
025156
Airline Rd. - S.P.I.D. Intersection Improvements
STATE OF TEXAS
COUNTY OF NUECES
BEING a 12 foot wide Tract of Land containing 0.035 Acres (1,516.81 Sq. Ft.) of
land out of Block C, Wilkey Addition, and recorded in Volume 34, Page 112 of the
Map Records of Nueces County, Texas. This 0.035 Acre Tract being more
particularly described by metes and bounds as follows:
BEGINNING at a Found Concrete Monument on the west right-of-way line of Airline Road at a
southeasterly comer of Block B, Wilkey Addition, as recorded in Volume 34, Page 53 of the
Map Records of Nueces County, Texas, being the northeast comer of this tract;
THENCE S02°18'54"W along said present fight-of-way line a distance of 125.32' to a Point on the
north right-of-way line of State Highway 358, being the southeast comer of this tract;
THENCE N89°39'15"W along said fight-of-way line of said State Highway 358 a distance of 12.00' to
a Set Drill Hole in Concrete, said last mentioned course passes through a Found Concrete Monument
at a distance of 1.53';
THENCE N02°l 8'54"E through said Block C, Wilkey Addition, a distance of 127.48' to a Set Drill
Hole in Concrete on the southerly boundary line of said Block B, Wilkey Addition, being the
northwest comer of this tract;
THENCE S79°23'45"E along said boundary line of said Block B, Wiikey Addition, a distance of
12.13' to the POINT AND PLACE OF BEGINNING and containing 0.035 Acres (1,516.81 Sq. Ft.)
of land.
Bearings are with reference to plat of Wilkey Addition, Block C, as recorded in Volume 34, Page 112
of the Map Records of Nueces County, Texas.
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were
prepared by me from a land survey made on the ground under my direction.
This the 30TH day of May, 2002.
Russell D. Ochs
State of Texas License No. 5,241
LEGEND
. AO - ACRE~
~_ - P~OPERTY LINE
S.H. 358 N. FRONTAGE ROAD
N89 °39'15"W
12.00'
$ 79 °23
12.13'
40'
under my dlrectlom. This the ~0'F'~ Gay of
. eooa
40 o
Scale In Feet
WIDE RIGHT-OF-WAy ACOUISITION
CITY of CORPUS CHRISTI, TEXAS
~e~r~nt or Englnee~ro SerW. ces
~vey Di~
Airline Rd. - S.P.I.D. Intersection Improvements
Temporary Construction Easement
STATE OF TEXAS
COUNTY OF NUECES
BEING a 10 foot wide Tract of Land containing 0.029 Acres (1,263.2 Sq. Ft.) of
land out of Block C, Wilkey Addition, and recorded in Volume 34, Page 112 of the
Map Records of Nueces County, Texas. This 0.029 Acre Tract,being more
particularly described by metes and bounds as follows:
BEGINNING at a Set Drill Hole in Concrete, on the proposed west right-of-way line of Airline Road
and the southerly boundary line of Block C, Wilkey Addition, as recorded in Volume 34, Page
112 of the Map Records of Nueces County, Texas, being the southeast comer of this tract;
THENCE N89°39'15"W along the northerly fight-of-way line of State Highway 358 a distance of
10.01' to a Point, being the southwest comer of this tract;
THENCE N02°l 8'54"E through said Block C, Wilkey Addition, a distance of 129.28' to a Point on the
southerly boundary line of Block B, Wilkey Addition, as recorded in Volume 34, Page 53 of the
Map Records of Nueces County, Texas, being the northwest comer of this tract;
THENCE S79°23'45"E along said boundary line of said Block B, Wilkey Addition, a distance of
I0.11' to a Set Drill Hole in Concrete on said proposed west fight-of-way line of Airline Road, being
the northeast comer of this tract;
THENCE S02°18'54"W along said proposed right-of-way line a distance of 127.48' to the POINT
AND PLACE OF BEGINNING and cbntaining 0.029 Acres (1,263.2 Sq. Ft.) of land.
Bearings are with reference to plat of Wilkey Addition, Block C, as recorded in Volume 34, Page 112
of the Map Records of Nueces County, Texas.
State of Texas
County of Nueces
I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were
prepared by me from a land survey made on the ground under my direction.
This the 30TH day of May, 2002.
Russell D. Ochs
State of Texas License No. 5,241
L£GEND
AC. - A~S
~. - F~O/=~'iRTy LI~
$ 79 *23 '45"E
10.11'
S.H. 358 N. FRONTAGE ROAD
N89 '39'II
10.01'
. 2002
40 0 40 80
So. ale In Feet
Department o£ Engtneedng Servlce$
~vey Division
CITY of CORPUS CHRISTI, TE.~(AS