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HomeMy WebLinkAbout025562 RES - 11/18/2003RESOLUTION RECOGNIZING PUBLIC NECESSITY OF ACQUIRING UTILITY AND CONSTRUCTION EASEMENTS FOR THE BUCKINGHAM ESTATES LIFT STATION AND FORCE MAIN DIVERSION PROJECT, PROJECT #7117, FOR UTILITY 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 SAID EASEMENTS. WHEREAS, the City of Corpus Christi ("City") has implemented a diversion project, known as the Buckingham Estates Lift Station and Force Main Diversion Project, No. 7117, for a new force main and effluent pipeline and to rehab the existing lift station. 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 for the new force main and effluent pipeline, 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 Buckingham Estates Lift Station and Force Main 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 easements and construction easements in the tracts of land to be used, as shown and described in Exhibit "A", for the Buckingham Estates Lift Station and Force Main 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-13 SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary ~amuel L.'I~'~t~I, ,Jr. Mayor Approved as to form on ,~//~/~/~,. ~ / L , 2003 By: Joseph ~arney C) Assistant City Attorney For City Attorney RESO-13 2 f~¢" day of /~'~0~j~2/'~)~2(~ ,2003. 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-13 3 Buckingham Estates Lift Station and Force Main Diversion, Proj. 7t17 Parcel L~lst a_nd Currer~_t_Ownership Parcel No. ~ Owner 1 0258-0001-0010 Asbury United Methodist 2 3960-0052-0010 SSP Partners 3 2476-0010-0120 Agnes Polasek, et al 4, 4A 2476-0010-0130 4 Pegasus Enterprises, Ltd. 5,~6 2476-0010-0125,0126 William B. Miller, Jr. (Del Mar Distr.) 7 2476-0010-0110 Charles Benys 8 2476-0010-0097 Mostaghasi investment Trust 9 2476-0010-0090,0094,0096 Virginia Ann Benys, Charles Benys, Rose Marie Risinger 10 2476-0010-0098 Shafinury Morteza & Mostafa Highamian 11 2476-0010-0010 Shell Development (acquired by Dedication) 12A 2476-0010-0010 tndian~ Franklin Realty, incl (CP&L) 12B 2476-0010-0010 Indiana Franklin Realty, Inc. (CP&L) 13A 2476-0011-0310 Hogan Development, LP (Mokry tracts) 13B 3854-0000-0020 CCISD 14 2476-0011-0210 Cano Development 15 2476-0011-0030 Fred Braselton (acquired by Dedication) 16 2476-0011-0016 T.S. Scibienski, et al, Trustee (acquired by Dedication) 1_7 7731-0010-0040 Christus Spohn Hospital NCAD Acct. Nos. as of t1-12-03 thoma~kiaiorProiec[s\councilexhiblt s\exh7117.d,~ N BUCKI~IGHAI~ LIFT STATION CITY PROJECT # 7117 VICINITY MAP NOT TO SCALE BUCKINGHAM ESTATES LIFT STATION "PREFERRED ROUTE (2)" CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF' ENGINEER/NO SERVICES PAGE: I of 1 DATE: 11/11/2003