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HomeMy WebLinkAbout026594 RES - 01/10/2006RESOLUTION RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING FEE SIMPLE TITLE TO A VACANT TRACT OF LAND CONTAINING 0.83 OF AN ACRE FOR THE NORTHWEST LIBRARY EXPANSION PROJECT, BOND 2004, FOR EXPANSION OF THE EXISTING LIBRARY FACILITY 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 TRACT OF LAND. WHEREAS, the City of Corpus Christi ( "City ") has implemented a project known as the Northwest Library Expansion Project, (Bond 2004 Project). WHEREAS, the expansion project has entered into the acquisition phase of the project. WHEREAS, there is a public necessity for this project and for the acquisition of property rights, consisting of fee simple title in the tract of land as shown and described in Attachment "A ". WHEREAS, the City is a municipal corporation and under Texas eminent domain laws has the right to acquire fee simple title in the tract of land for the projects 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 tract of land, as shown and described in Attachment "A ", for the Northwest Library Expansion Project, (Bond 2004 Project) and for other municipal purposes. SECTION 2. That public necessity requires the acquisition of property rights, consisting of fee simple title in said tract 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 said tract of land. SECTION 4. That this resolution shall take effect immediately from and after its passage. RF SO- 22.doc 026594 ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI 1I�LL�r , A. ./*' ry Garrett, Mayor Approved as to form n .... , 2006 By: Joseph arney Assistant City Attorney For City Attorney RESO -22 due l OA' day of 2006. The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott RESO -22 doc may' 2 1 - ' ) 5 9 4 09, abt ab‘de cuy 0 c C CO 0 m S 7d ogooq ATTACHMENT "A" MAP 0 n 0 03 m p - rn a qb 0 a 0 rn N 0 C 0 A D Fel x r wW - o m Cr) D m N N col 0WCo xio 0 J 00 tO O-- 0) O W O uD Q O A N U (0 P dVO 011Sb'7d NIIM OON NON/ 03 0 McKINZIE RD (R. 0. W. VARIES) N 09'03'00" E 100.00' 2' 0 N 0 c ' 0 O 0 0' a Ua 3) co o (); O V ' 00 1334 3d/b'nOS 000`9r t.1) 12 0 0 CO m°c o n 'I `�' 0 � O0) n 0 n O „no n (�o * 11 m (3, n N . ' Z v ) n ` Z / S 09'03'00" W Z 0 0 -i'' 0 - '0 a cf; 0 N m t m n r 0 Wit. e 1'1 ap o0n 0 o n ~[n 0 0 ° j ATTACHMENT "A" '::...a Z O 0 n 2) n 3 „00,Lg.08 S 0) N 09'03'00" E 683.77' ATTACHMENT "A" DESCRIPTION STATE OF TEXAS COUNTY OF NUECES August 22, 2005 BEING A 36,000 SQUARE FOOT TRACT OF LAND OUT OF THAT CERTAIN 7.334 ACRE TRACT OF LAND, MORE OR LESS, DESCRIBED IN DOCUMENT NO. 2004012838, OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 7.334 ACRE TRACT OF LAND, MORE OR LESS, BEING OUT OF THE McKINZIE 124.12 ACRE TRACT LYING SOUTH OF UP RIVER ROAD AND EAST OF McKINZIE ROAD, ALSO BEING A PORTION OF THE McKINZIE 388.26 ACRE TRACT OF SURVEY 417, PATENTED TO F.W. SCHAEFFER, ABSTRACT 571; SUR` EY 419, PATENTED TO F.W. SCHAEFFER, ABSTRACT 570; SURVEY 422, PATENTED TO A.E. SPOHN, ABSTRACT 850; THIS TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: Bearings are based on that certain 15.17 acre tract of land described in Document No. 1997003215, of the Official Public Records of Nueces County, Texas, and referenced to the monumented west boundary line of said 15.17 acre tract of land. BEGINNING at a 5i8 inch iron rod with cap stamped "MAVERICK ENGR.VICTORIA, TX BOUNDARY MARKER ". set on the east right -of -way line of that certain dedicated roadway known as McKinzie Road, at its intersection with the south boundary line of said 7.334 acre tract of land, same line being the north boundary line of Lot 2. Block 7, Highway Village Annex Section 1, a map of which is recorded in Volume 46, Page 225, of the Map Records of Nueces County. Texas, for the southwest corner of this tract, from which point, a 1 inch iron pipe. found. for the northwest corner of said Lot 2, bears S 80° 57'00" E, a distance of 10.00 feet; THENCE, North 09° 03' 00" East, with said east right -of -way line of McKinzie Road, a distance of 100.00 feet, ?o a 5/8 inch iron rod with cap stamped "MAVERICK ENGR.VICTORIA, TX BOUNDARY MARKER ", for the ?iorthwest corner of this tract; THENCE. South 80` 57' 00" East, a distance of 360.00 feet, to a 5/8 inch iron rod with cap stamped "MAVERIC'K ENGR.VICTORIA. TX BOUNDARY MARKER ", set, on the east boundary line of said 7.334 acre tract of land, for the northeast corner of this tract, from which point the northeast corner of said 7.334 acre tract of land bears North 09° 03' 00" East, a distance of 683.77 feet; THENCE, South 09° 03' 00" West, with said east boundary line of the 7.334 acre tract of land, same line being the west boundary line of aforementioned 15.17 acre tract of land, a distance of 100.00 feet, to a 1 inch iron pipe, found, for the southeast corner of this tract. same point being the southeast corner of said 7.334 acre tract of land and same point being the northeast corner of aforementioned Lot 2; THENCE, North 80° 57' 00" West, with the common boundary line of said 7.334 acre tract of land and said Lot 2. at a distance of 350.00 feet pass said 1 inch iron pipe as referenced above, in all a total distance of 360.00 feet, to the POINT OF BEGINNING and containing 36.000 square feet of land. The forgoing description and survey on which it is based is accompanied by and a part of a separate plat of the subiect tract Maverick Engineering, Inc. Miguel A. Escobar, R.P.L.S. 5630 Rey ised October 10, 2005 — Revised legal descriptions (,: r) fficeFiles \SURVFY\ SURVEY DATA vv0545 - 900v0545- 900 -m &b -rep doc Page 1 of 1