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HomeMy WebLinkAbout026287 RES - 05/31/2005 RESOLUTION RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING FEE SIMPLE TITLE TO A TRACT OF LAND CONTAINING 2.286 ACRES OUT OF THE ENRIQUEZ VILLARREAL SURVEY A-1, ALSO BEING OUT OF SECTION 11, BOHEMIAN COLONY LANDS, FROM THE OWNERS OF RECORD, BEING THE ESTATE OF PAUL SNYDER, DECEASED AND THE FRANCES SNYDER TRUST, FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS IN CONNECTION WITH THE CLUB ESTATES CHANNEL IMPROVEMENT PROJECT, PHASE 2 (#2238) AND OTHER MUNICIPAL PURPOSES, AND AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI IN ACQUIRING THE PROPERTY. WHEREAS, the City of Corpus Christi ("City") has implemented a drainage improvement project, known as the Club Estates Channel Improvement Project, Phase 2, for drainage and utility improvements that service the City. WHEREAS, the project has entered into the acquisition phase. WHEREAS, there is a public necessity for this project and for the acquisition of property rights, consisting of fee simple title in land 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 fee simple title in the land for the drainage and utility improvement 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 fee simple title in the land from the owners, as shown and described in Exhibit "A", for the Club Estates Channel Improvement Project, Phase 2, for drainage and utility improvements, and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property rights, consisting of fee simple title in the 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 RESQ-]8 02fi287 connection with the filing and handling of any condemnation case for the acquisition of said property. SECTION 4. That this resolution shall take effect immediately from and after its passage. ATTEST: CITY OF CORPUS CHRISTI d~;f,/JwdI Mayor Armando Chapa City Secretary Approved as to form on ul C< J 2, ,2005 By: ~/f-- Joseph arney iJ Assistant City Attorney For City Attorney RESO-18 2 ~day of Mor-, 2005. The above resolution was passed by the following vote: Henry Garrett ~R Brent Chesney ilJ~f)\r Melody Cooper ~ Jerry Garcia ~. Bill Kelly Mf Rex A. Kinnison 0:f John E. Marez ?1 Jesse Noyola ~ Mark Scott cy~ RESO-18 3 02f'287 / ~ METES AND BOUNDS DESCRlPTION OF A 2.286 ACRE TRACT OP LAND BEING 2.286 acres (99,565 square feet) of land, more or less, out of the Enriquez Villareal Survey, A-I, also being out of Section II, Bohemian Colony Lands, and also being out of that Prances Snyder Trust tract as recorded in Document No. 803565 ofthe Official Public Records ofNueces County, Texas, said 2.286 acre tract being more particularly described as follows: BEGINNING at a set 5/8 inch iron rod in the east right-of-way line of Sanders Drive in the common north line of the aforesaid Prances Snyder Trust tract and south line of an existing 92 foot wide drainage ditch; THENCE, with said common line, S56007'24"E 1,276.85 feet to a set 5/8 inch iron rod in the west right-of-way line of Everhart Road; THENCE, with said right-of-way line, S28037'3T'W 78.33 feet to a set 5/8 inch iron rod; THENCE, leaving said right-of-way line, N56007'24"W 1,276.10 feet to a set "X" in concrete in the aforesaid east right-of-way line of Sanders Drive; TIfENCE, with said right-of-way line, N28004'36''E 78.40 feet to the POINT OF BEGINNING and containing 2.286 acres of land, more or less. NOTE: Bearings are based on NAD 1983, Texas Plane, South Zone Coordinate System. ~~D Michael D. Stridde Registered Professional Land Survey Texas No. 3589 (361) 289-1385 J) - S q -0.1..\ Date " 't ElC"il-i+ A T,IWPFlLESIMETES2004'll4 I 48-500 2286 ACRE lRACT OF lAND] 11904 Page loft ~ PARCEL LOCA TION F.M. 43 <0 <Xl N :I: '" ...., ... '" a:: o u LOCA TION MAP NOT TO SCALE ~ N .s'IJI'Jol l)~~ ~.s'~ 47"~ .o~OA ~~7"}.. PROJECT # 2238 VICINITY MAP NOT TO SCALE CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT;;t(' DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05 26-2005 ~ -- - - - - - CLUB ESTA TES CHANNEL IMPROVEMENTS, PHASE 2 '04d