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HomeMy WebLinkAbout025410 RES - 08/19/2003RESOLUTION RECOGNIZING PILIBLIC NECESSITY OF ACQUIRING WATERLINE, SURFACE SITE, ACCESS AND CONSTRUCTION EASEMENTS FOR THE RINCON BAYOU DIVERSION PIPELINE, PROJECT 8416, F( STATION IN CONNE MUNICIPAL PURPO! MEANS OF NE( PROCEEDINGS BY AGENTS IN ACQUIR ~R A WATER PIPELINE AND PUMPING CTION WITH THE PROJECT, AND OTHER ;ES; AND AUTHORIZING ACQUISITION BY iOTIATIONS OR EMINENT DOMAIN THE CITY OF CORPUS CHRISTI OR ITS NG THE NECESSARY EASEMENTS. WHEREAS, the City of Corpus Christi ("City") has implemented a water diversion project, known as the Rincol~ Bayou Diversion Project, No. 8416, to divert fresh water and improve the Nuec~s 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 access and construction easements that will be used for this project, as shown and described in Exhibit "A". WHEREAS, the City is a mu,icipal 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, access 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 12a doc 025410 SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI Arma~ City Secretary Mayor Approved as to form on /~(}~., ?' /_~ ,2003 By: Josepl~ Harney Assistant City Attorney For City Attorney RESO-I 2a doc 2 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott RESO-12adoc 3 025410 ' - '3637 ac. ~ F~nt mn~ :~55 ac. NUEC£g CDUNTY SAN PATRICIO couNTY Parcel lC - .717 ac. Pumping Plant Site .H~z~ Po~'k ve~ HIRs Ctub Rincon Bayou Diversion Pipeline ( Project #8416) Resolution for Acquisition of R~n~nt~ City of Corpus ,christi, Texaa · City Council Exhibit Department of Engineering Services Property & Land Acq. Div. Dat~: 0~06-03 mit A Page 1 of 2 Rincon Bayou Pipeline Diversion (Project #8416) Liszt of Easement Parcels Parcel Owner Parcel Size Parent Tract -- lA, 1AE R. Bryan Gulley, et al Parcel IA: 1.092 ac. Waterline Easement Remainder of 3637.503 ac., Victoriano + 30ft. Temp. Construction Easement Tares & Pedro Villareal Survey, Abs. Parcel IAE: 60 ft. wide Access Easement No. 32, San patricio County, Texas. Clerks File 483444 lB, 3AE R. Bryan Gulley, et al Parcel lB: 1.514 ac. Waterline Easement Remainder of 3637.503 ac., Victoriano + 30ft. Temp. Construction Easement Tares & Pedro Villareal Survey, Abs. Parcel 331E: 60 ft. wide Access Easement No. 32, San Patricio County, Texas. Clerks File 483444 1._~_C R. Bryan Gulley, et al .717 ac. Surface Site Easement Remainder of 3637.503 ac., Victoriano Tares & Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 483444 2, 2AE Koch Pipeline Co., Parcel 2: . 170 ac. Waterline Easement 255 ac. Tract out of Victoriano Tares & LLP + 30ft. Temp. Construction Easement Pedro Villareal Survey, Abs. No. 32, Parcel 2~lg: 60 ft. wide Access Easement San Patricio County, Texas. Clerks File 477738 3~A Nature Conservancy .569 ac. Waterline Easement + 35ft. Temp. 455 ac. Tract out of Victoriano Tares & or CBBEP Construction Easement on each side Pedro Villareal Survey, Abs. No. 32, San Palricio County, Texas. Clerks File 415239 3_B_B Nature Conservancy 1.922 ac. Waterline Easement + 35ft. 455 ac. Tract out of Victoriano Tares & or CBBEP Temp. Construction Easement on each side Pedro Villareal Survey, Abs. No. 32, San Patricio County, Texas. Clerks File 415239 \\CLSTR I_USERS2_SERVER\USERS2~IOME~EUSEBIOO\GENlg. genda ltemsLRincon Diversion Project~.esolution to Condemn~ExhibitC.Page2.doc EXHIBIT 2OF2