Loading...
HomeMy WebLinkAbout027614 RES - 03/25/2008RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO THE SURFACE ESTATE ONLY FOR A STORM WATER DRAINAGE PROJECT, KNOWN AS THE MASTER CHANNEL 27 DRAINAGE PROJECT (#2263), LATERAL 'A', ON FIVE REMAINING TRACTS OF LAND KNOWN AS PARCELS 10, 11A, AND 12A, AND RELATED UTILITY EASEMENTS KNOWN AS PARCELS 11B AND 12B, FOR THE PUBLIC PURPOSE AND USE AS A STORM WATER DRAINAGE CHANNEL AND FOR OTHER RELATED DRAINAGE PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a storm water improvement project, known as the Master Channel 27 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 a 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: 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 as 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 and utility easement rights as shown and described in 027614 032508.RESO2condemn.MC27.5parcels LateralA Pagel of 3 Attachment "A" as the subject properties, for the public purpose of the 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 properties, 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. 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 as to form: 11 By: Akkk at- ar-D8 Veronica Ocarias Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI 032508.RESO2condemn.MC27.5parcels LateralA Page2 of 3 c S day of , 2008 The above resolution was passed by the following vote: 414(. 0 kb5trt+ Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 4„./L 161 14(2A 027614 032548.RESO2condemn.MC27.5parcels LateralA Page3 of 3 LOCATION MAP CITY PROJECT No. 2203 VICINITY MAP NOT TO SCALE MASTER CHANNEL 27 DRAINAGE IMPS - PARCELS 10, 11A, 11B, 12A, 12B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST; TIDOS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03-07-2008 tarontrogitiox ATTACHMENT 'A' Master Channel 27 Drainage Improvements Project (#2263) Owners of Record — Parcels 10, 11a, 11 b, 12a, & 12b. Parcel No. Owner of Record Property Legal Description Parcel Legal Description 10 D&E Development Corp. c/o 6.93 acres out of the north part of Lot 9 and 10, Section 20, Flour Bluff & Encinal Farm & Garden Tracts, Corpus Christi, Nueces County, Texas. Parcel 10 - .879 acres out of Lots 9 & 10, Section 20, Flour Bluff & Encinal Farm & Garden Tracts. 11 a,11 b Cavalry Chapel of the Coastlands 12.305 acres comprised of Lot 2, Block 1, Brandywine South Unit 1, Corpus Christi, Nueces County, Texas. Parcel 11a - .383 acres out of Lot 2, Block 1, Brandywine South Unit 1. Parcel 11 b - .095 acres out of Lot 2, Block 1, Brandywine South Unit 1. 12a,12b Alty Enterprises, Inc. 16.811 acres out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts, Corpus Christi, Nueces County, Texas. Parcel 12a - 1.816 acres out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts. Parcel 12b - .232 acres out of Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts. :1DOCUME--IIVERONI--1ILOCALS--11TemplAttachment A.Owners of Record_l .doc ATTACHMENT 'A'