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Home My WebLink About027439 RES - 10/09/2007RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE E FEE SIMPLE TITLE TO THE SURFACE ESTATE ONLY FOR A STORM WATER DRAINAGE PROJECT, KNOWN AS THE MASTER CHANNEL 27 DRAINAGE E PROJECT, ON A TRACT OF LAND KNOWN AS PARCEL 16; AND FOR A RELATED INUNDATION AND DRAINAGE AGE EASEMENT KNOWN AS PARCELI A; BOTH OUT OF LOT 21, SECTION 26, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS; FROM THE OWNERS, WILLIAM C. OLIVER, VIRGINIA OLIVER BETTIGA, PATRICIA L. OLIVER DEL NG, AND BESSIE J. OLIVER, INDIVIDUALLY IDUALLY AND AS COMMUNITY SURVIVOR FOR THE ESTATE OF CHARLES D. OLIVER, JR., FOR THE PUBLIC PURPOSE AND USE AS A STORM WATER DRAINAGE CHANNEL AND FOR OTHER RELATED PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a storm water improvement project, known n as the Master Channel 2 . Drainage Project, to build a new storm water drainage channel and a related underground drainage and utility facility hereinafter referred to collectively as the "storm water improvement project" to serve the City; and WHEREAS, the storm water improvement project has entered into the acquisition phase; and WHEREAS, the City of Corpus Christi has determined that there is public necessity for the storm water improvement project and has determined that there is a public necessity for the acquisition of certain property rights, consisting of fee simple title to the surface only and drainage and utility easement rights in land that will be used for this project, as shown and described in Attachment "A"; and WHEREAS, the City of Corpus Christi has authorized acquisition of the needed property rights by means of negotiations and through eminent domain; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 02'7439 EXHIBIT D 1 of 3 SECTION 1. That the City Council of the City of Corpus Christi hereby determines that there is a public necessity for storm water drainage improvements known n a the Master Channel 27 Drainage Project, as recited above, and that it is necessary for the public welfare and convenience to acquire from the owners thereof the fee simple title to the surface estate only and certain drainage & utility easement rights as shown and described in Attachment "A" as the subject property, for the public purpose of the new storm water improvement project. 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 r 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. That 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 ao form: 3-Oct7Q7 By: f Veronica Ocarias Assistant City Attorne for City Attorney CITY OF CORPUS CHRISTI ■4A eriry Garr Mayor EXHIBIT D 2 of 3 1/ day of Od o/1,0�- , 2007 The above resolution was passed by the fallowing vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike HurenrenelU Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael cC t hon 02i439 EXHIBIT D 3 of 3 2k58,39 PM CST -16 5/8" Iron Rod Found 12.2,3' Not To Scot 0 5/8" Iron Rod Found W/Cap Stamped "Urban Eng. CCTX" /8" Iron Rod Found Lot L & L Family Partnership, Ltd. 55.955 Acres out of Lots 6A & 7A and all of Lots 9-11, Sec. 26 F.B. &E.'. & r.r Doc# 1998053979, . f. R. N. C. T. Lot 10 (Record = S 61'00'00" E) S r2'8" E-434.24' N 28•45'08- 170.00. 8.4 5'08"1 . 0' 12 Is (4 dAS 20 Edo cN4 0' Roadway Easement Vol. A, Pgs. 41-43, ! N. C. T (Unimproved. Roadway) Parcel .18 1.695 AC., 73,827 S.F.. N R1.917'15° W—..434.32' Lot 21 Remainder of 10.713 Acres out of Lot 21, Sec. 26 F.B. & EY. G.T. The Estate of Jerrie Haynes Driver Doc/ .305529 O.R.N.C. T. NOTES: t. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right of way line of County Road 78. 2. Area = 1.695 acres (73,827 S.F.). 3. 5/8 inch iron rod set with a plastic cap stamped "MAVERICK ENR. V/ T R/A, TX, BOUNDARY MARKER", , at all property corners, unless otherwise noted. 4. All references to record data (Record = *** indicate information as cited in Document No. 985383, . P. R. N. . T. . This tract is subject to a blanket Electrical Easement as recorded in Volume 1538, Page 697, D.R.N. . T Total Tract �A uired em der I, Gary Don Rayner, hereby certify that the foregoing mop was prepared from a survey, made on the ground, under my direction and that it is ...trtie :.orad correct. Maverick Engineering, Inc. Ran R. .L.S. 584-7 :.. - _ . - M14 ry Revised February 20, 2007: -, Rcvis d Bourldwy Revised d March 2, 2007• Revved .Ownership Revised June 18, 2007: Revised undaty 100 0 100 200 SCALE: 1'-200 Lot 9 (Record = 5 29'0O'00" W) 28•43'30a W-170.00' Lot 22 Oak Properties 76.093 Acres out of Lots 22-25, Sec. 26 F.B. &Y. & G.T. 1 Doc# 2005027968, .P.R.N.C.T. - -A. _ _FT 7.213 314,198 1.6953, 827 5.518 - 2 0-1,-37-1— Parcel 16 MAP TO A C'C PANY METES & BOUNDS DESCRIPTION: Being a 1.695 acre (73,827F.) tract of land out of the remainder of that certain 10.713 acre tract of lark} described in Document No. 305529, Official Records of Nueces County Texas, said 10.713 acre tract being a portion of Lot 21, Section 26 of the Flour Bluff and Encina! Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Mop Records of Nueces County, Texas. R_ ct 0527-510 Date: June 18, 2007 MAVERICK ENGINEERING, INC. TEL: 361 289 1385 FAX: 361 289 0712 P.O. BOX 9094 CORPUS CHRISTI, TEXAS 78469 ATTACHMENT "A" 1 OF 2 258 39 PM CST Lot 1 1 tot 20 L & L Family Partnership, Ltd. 55.955 Acres out of Lots 6A & ] 7A and all of Lots 9-11, Sec. 26 # . . & E.F. G.T. Doc/ 1995053979, D. P. R. N. 0. T. ---j— ' Roadway Easement Vol. A, Psis. 41-43, M. R. N. 0. T. Un!mproved Roadway) g. ,o ce no in CQ Q -w.► ° e 0 •v 0 Lot 10 Lot 9 Liu 6170'15" E-434.32' An Remainder of 6.2.3 10.713 Acres out of ti 8 Lot 21, Sec. 26 F.B. c' '. c G.T. The Estate of Jerrie Haynes Oliver NOTES: 1. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right of way line of County Road 78. 2. Area = 2.395 acres (104,332 S.F.).. J. 5/8 inch iron rod set with o plastic cap stamped "MAVERICK ENGR. VICTORIA, T +C, BOUNDARY MARKER'; ,at all property corners, unless otherwise noted. 4. All references to record data (Record = #** indicate information as cited in Document No. 985383, D. P. R. N. C. T. 5. This tract is subject to a blanket Electrical Easement as recorded in Volume 1538, Page 697, D. R. N. C. T Doc/ 15529 0.R j (Record = S 29'00'00" IV) 28.3'.3" W-170.00. P.O. . (Recon! =S 29'00"00" W) $ 26"43'.30' W-77.90' Lot 22 Oak Properties 76.093 Acres out of Lots 22-25, Sec. 26 F.B. & E.F. Doc/ 2005027968, .P. R N.O. T AC. SQ Fr. Total Tract 7.213 Ao e 2.395 errrainder - - 4.818 I, Garr Don Rayner, hereby eertrfy at. the foregoing map was prepared from a survey, :made -- ori the ground, under my direction and h, at =,"i�cle •,r .correct. Maverick Engineering, Inc, a r7 -r, R.P.L.S. 1000 100 200 sum 1'-200' 314,198 104,332 209,866 Parcel 16 InInundation Drainage Easemen MAP TO ACCOMPANY METES & BOUNDS DESCRIPTION: Being a 2.395 acre (104,332 S.F.) tract of kind out of the remainder of that certain 10.713 acre tract of land described in Document No. 305529, Official Records of Nueces County Texas, said 10.713 acre tract being a portion of Lot 21, Section 26 of the Flour Bluff and Encinaf Farre and Garden Tracts, a map of which is recorded in Volume A, Rages 41-43, of the Map Records of Nueces County, Texas. P j otif 0527-510 Date: June 18, 2007 MAVERICK ENGINEERING, INC. TEL: 361 289 1385 FAX: 361 289 0712 P.O. BOX 9094 CORPUS CHRISTI, TEXAS 78469 ATTACHMENT "A" 2 OF 2