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
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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'