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Home My WebLink About025283 RES - 05/13/2003RESOLUTION RECOGNIZING PUBLIC NECESSITY OF ACQUIRING WATERLINE, SURFACE SITE AND CONSTRUCTION EASEMENTS FOR THE RINCON BAYOU DIVERSION PIPELINE, PROJECT 8416, FOR A WATER PIPELINE AND PUMPING STATION IN CONNECTION WITH THE PROJECT, AND OTHER MUNICIPAL PURPOSES; AND AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI OR ITS AGENTS IN ACQUIRING THE NECESSARY EASEMENTS. WHEREAS, the City of Corpus Christi ("City") has implemented a water diversion project, known as the Rincon Bayou Diversion Project, No. 8416, to divert fresh water and improve the Nueces Estuary. WHEREAS, the project has entered into the acquisition phase. WHEREAS, there is a public necessity for this project and for the acquisition of easement rights, consisting of five easements for the waterline and one easement for the pumping plant and construction easements that will be used for this project, as shown and described in Exhibit "A". WHEREAS, the City is a municipal corporation and under Texas eminent domain laws has the right to acquire easements in the tracts of land for the Rincon Bayou Diversion Project and for other municipal purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, City Attorney, and agents of the City, are authorized to acquire, either by negotiated purchase or by condemnation proceedings under Texas law, the necessary pipeline, pumping plant and construction easements in the tracts of land to be used, as shown and described in Exhibit "A", by the Rincon Bayou Diversion Project, and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property rights, consisting of easements in the tracts of land, save and except the City seeks to acquire no oil, gas, and mineral rights. SECTION 3. That the City Manager, City Attorney and agents of the City are authorized and directed to take such action as in their judgment is necessary in connection with the filing and handling of any condemnation case for the acquisition of the easements. RESO-12 doc SECTION 4, That this resolution shall take effect immediately from and after its passage. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Mayor Approved as to form on//~ ~,.x/ ~ , 2003 By: Joseph IHarney ~ Assistant City Attorney For City Attorney RESO-I 2 doc 2 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper · /)/ The above resolution was p~sed by the following vote: Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott RESO-12 doc 3 R. Bryan Gulley~ et al '3637 ac. Flint Hill~ (Koch) 255 ac. NU£C£S CCRJNTY SAN PATRICIO COUNTY Parcel lC ~ .717 ac. Pumping Plant Site . HGze[ PGr-k Hilts d~'t~Py Ctub Rincon Bayou Diversion Pipeline ( Project #8416) Resolution for Acquisition of Easements City of Corpus ,christi, Texas City Council Exhibit Department of Engineering Services Property & Land Acq. Div. Date: 05-06-03 Bm111IT A Page 1 of 2 Rincon Bayou Pipeline Diversion (Project #8416) List of Easement Parcels Parcel Owner Parcel Size Parent Tract lA R. Bryan Gulley, et al 1.092 ac. + 30ft. Remainder of 3637.503 ac., Victoriano Tares & temp. easement Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 483444 lB R. Bryan Gulley, et al 1.514 ac. + 30ft. Remainder of 3637.503 ac., Victoriano Tares & temp. easement Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 483444 lC R. Bryan Gulley, et al .717 ac. Surface Remainder of 3637.503 ac., Victoriano Tares & site Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 483444 1D R. Bryan Gulley, et al Portion from Remainder of 3637.503 ac., Victoriano Tares & south gate to Pedro Villareai Survey, Abs. No. 32, San 60fi. SPMWD Patricio County, Texas. Clerks File 483444 road. TBD. 2 Flint Hills Resources 2.170 ac. + 30fi. 255 ac. Tract out of Victoriano Tares & Pedro (Koch) temp. easement Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 477738 3A Nature Conservancy or .569 ac.+ 35ft. 455 ac. Tract out of Victoriano Tares & Pedro CBBEP temp. easement Villareal Survey, Abs. No. 32, San Patricio on each side County, Texas. Clerks File 415239 3B Nature Conservancy or 1.922 ac. + 35ft. 455 ac. Tract out of Victoriano Tares & Pedro CBBEP temp. easement Villareal Survey, Abs. No. 32, San Patricio on each side County, Texas. Clerks File 415239 \\CLSTRI_USERS2 SERVER\USERS2~HOME~EUSEBIOG\GEN~ :nda ltems~Rincon Diversion Project,Resolution to Condemn~ExhibitC Page2.doc EXHIBIT 2OF2