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
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7121.
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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
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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
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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"