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HomeMy WebLinkAbout027021 RES - 10/10/2006RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO THE SURFACE ESTATE ONLY TO A TRACT OF LAND CONTAINING 16.839 ACRES OUT OF A 45.15 ACRE TRACT OUT OF THE ENRIQUEZ VILLARREAL SURVEY A -1, AND THE JOSE MARIA BARGASS SURVEY A -17, FROM THE OWNER, FLINT HILL RESOURCES, LP, FOR THE PUBLIC PURPOSE AND USE AS A WASTEWATER TREATMENT PLANT AND OTHER RELATED SEWAGE SYSTEM PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO OBTAIN THE ACQUISITION BY MEANS OF NEGOTIATIONS OR BY EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a wastewater improvement project to build a new wastewater treatment plant for the wastewater treatment and utility improvements that service the City. WHEREAS, the wastewater treatment plant project has entered into the acquisition phase WHEREAS, the City of Corpus Christi has determined that there is a public necessity for the new wastewater treatment plant, and has determined that there is a public necessity 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 Attachment ' A" WHEREAS, the City of Corpus Christi has authorized acquisition by means of negotiations or eminent domain proceedings in acquiring the property. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi hereby determines that there is a public necessity for a wastewater treatment plant and related sewage system facilities, and that it is necessary for the public welfare and convenience to acquire the fee simple title to the surface estate of the land shown and described in Attachment "A" (the subject property) from the owner. Flint Hill Resources, LP (the City seeks to acquire no oil, gas, and mineral rights), for the public purpose of the new wastewater treatment plant and related sewage system facilities to be used for the said wastewater and utility improvement project H \LEG- DIRWeronicaO\ ENGINEERINGIAGENDA ITEIMSWWO.06.101006.RESO Fllnthills.doc 7121. 1 OF 3 SECTION 2 That the City Manager and the City Attorney are authorized to act on behalf of the City to acquire the subject property, either by negotiated purchase or by filing or causing to be filed condemnation proceedings under Texas law in the event the consideration to be paid for the taking cannot be agreed upon by negotiation. SECTION 3. -hat this resolution shall take effect immediately. SECTION 4. Severability: If any provision, section, subsection, sentence, clause. or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof, or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose ATTEST Armando Chapa City Secretary APPROVED AS TO FORM: By: Veronica Ocanas Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI enry Gar ett Mayor H:1LEG -DIR \Veronicas, ENGINEERINGAGENDA ITEMSIVO 06.101006.RESO.FIinthills.doc 2 OF 3 0 ` 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 H:\LEG- DIR \Verontca0\% ENC,INEERING\AGENDA ITEMS\ V0 .06.101006.RESO.FIinthills.doc 3 OF 3 rae . AMprnject \councilexhibits \exh7293.dwg CITY P* CTN . 7293 VICINITY MAP NOT TO SOU' PROPOSED W.W.T.P. SITE 16.839 ACRES 1TY OF CORPUS CHRISTI. TEXAS CITY COUNCIL EXHIBIT nor OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -21 -2005 ATTACHMENT "A" A 16.839 acre tract of land, situated in the State of Texas, County of 8ueces, being a portion of a 45.15 acre tract of land in the "Mineola Del Oso" Enrique* Villareal Survey, A•1 la and the nd being described Darsaas Survey, A•17, said 45.15 acre tract of i in a' deed from Mobil Oil Corporation to • Mobil pipe Line Corn army, dated January 7, 1970, recorded in Volume 1360, page Records, Kueces County, Texas, said 16.839 acre tract of laud being some particularly described as follows, Da i$MI$G Si a 1/2 inch iron rod said 45.15 acre tract of land, Irigatioa District ■o. 1 tract, herein described tract of land; set for the northwest corner of a corner of the Doecee County and the northwest corner of the IliaCE 888 °36'00 "E, 'along the north line of said 45.15 acre tract and the south line of the Nu County /2! eh Navigation nDsod set for 1 tract, a distance of 770.15 feet to a • corner; 500•56'08 "E, a distance reed set for corner in a south to the north right•oivay line $ tlroad (100' ride)'; of 1055.02 feet to a. line of said 45.15 acre tract and of the Ban Antonio, Uvalde and Gulf 1/2 inch iron TtBCE 877'00'00"H, along said ghsst narking rking the southwest 786.30 feet to a 1/2, inch iron rod earner of said 45.15 acre tract; SCE 1101•241-00"11, along the vest line of said 45.15 acre tract, a distance of 859.44 feet, more less, or Piss, of �9naer�e and containing 16:839 acres of land, !� "A" tract of land shown on plat narked Exhibit A attached hereto and *sada a part hereof. ATTACHMENT "A"