HomeMy WebLinkAbout027641 RES - 04/08/2008RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE E FIGHT OF
WAY EASEMENTS FOR A STREET IMPROVEMENT O EMENT PROJECT,
KNOWN AS THE WOOLDRIDGE IDGE ROAD STREET
IMPROVEMENTS, EMAENTS, PHASE 1, PROJECT (#6267), ON TWO
TRACTS OF LAND KNOWN AS PARCELS 2 AND 6, FOR THE
PUBLIC PURPOSE AND USE AS STREET IMPROVEMENTS
EMEl TS
AND FOR OTHER RELATED PURPOSES; AND AUTHORIZING
THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE
E
THE SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR
EXERCISE OF THE CITY'S POWER OF EMINENT EI T DOMAIN
WHEREAS, the City of Corpus Christi has implemented a street improvement
project, known as the Wooldridge Road Street Improvements, Phase 1, Project No.
6267, to build street improvements for public use as streets (hereinafter referred to
collectively as the "Project") to benefit the citizens of the City; and
WHEREAS, the Project has entered the acquisition phase; and
WHEREAS, the City Council of the City of Corpus Christi (the "Council") desires to
determine, confirm, ratify and find that there is a public necessity for the Project; and
WHEREAS, the Council desires to determine, confirm, ratify and find that public
necessity requires the City acquire and own certain property rights in land from the
title owners of the two tracts of land known as Parcels 2 and 6, as shown and
described in Attachment "A" and which are necessary for the public purpose of the
Project and for public purpose and use as streets, street rights of way and
easements (referred to herein this Resolution as `{the Property"); and
WHEREAS, the Council desires to confirm and authorize the City Manager and City
Attorney to acquire the needed property rights by means of negotiations or by
exercise of the City's power of eminent domain,
NOW THEREFORE, I E, BE IT RESOLVED ED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Public necessity requires that the City have certain street rights of
way and easements to two tracts of land known as Parcels 2 and 6 (shown and
described in Attachment "A") necessary for the Wooldridge Road Street
Improvements, Phase 1, Project No. 6267 (the "Project") for public use as streets,
street rights of way and easements (referred to hereafter in this Resolution as "the
Property") and for other related public and municipal purposes. Public necessity
requires that the City acquire the Property more fully described in Attachment {`A" to
this Resolution from the title owners of the Property, either through purchase or by
the process of eminent domain, for the public purpose and use of the Project, as city
streets, street rights of way and easements, and related public and municipal
purposes.
027641
040808 Reso Em Dom M -5 parcels Lateral A
SECTION 2. The public necessity to acquire the Property for the public purpose
and use of the Project and the public purpose and use as city street, street rights of
way and easements, and related municipal and public purposes is hereby confirmed
and ratified, and all acts done or initiated by employees, attorneys or representatives
of the City to acquire and condemn the Property, are hereby confirmed and ratified
as authorized, approved, and validated and declared to be valid in all respects and
purposes as of the respective dates thereof for the public necessity of the Project,
and for public purpose and use as city streets, street rights of way and easements,
and related municipal and public purposes.
SECTION 3. The City Manager and designee are directed to negotiate with the
property owners to purchase their property interests in the Property. If the City is
unable to negotiate to acquire the Property by reason of the City's inability to agree
with the owners of such private property interests in the Property as to the value of
such interests in the Property, or further negotiation with the owners of the Property
becomes futile, the City Attorney and designee are hereby directed and authorized
to institute and prosecute to conclusion all necessary proceedings to condemn the
private property interests in the Property in order to acquire rights to the Property
and to take any other action necessary or incidental to such acquisition or eminent
domain proceedings to secure the rights to the Property.
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.
SECTION 5. This Resolution shall take effect immediately upon passage.
ATTEST:
Armando Chapa
City Secretary
Approved as to form: 31 -Mar -08
By: orpitt
Veronica Ocarias
Assistant City Attorney
for City Attorney
040806 R e s o Em D o m MG 2 7- 5 parcels Lateral A
CITY OF CORPUS CHRISTI
41irl —diff
ryGa ett
Mayor
027641
day of
2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummel'
Bill lolly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McC t hon
akemt-
027641
040808 Reso Em Dom M 2 7 -5 parcels Lateral A
CORPUS CHRISTI
BAY
LOCATION MAP
NOT TO SG9LE
VICINITV MAP
NOT TO SCALE
EXHIBIT "B"
WOOLDRIDGE ROAD STREET IMPS.
PHASE 1
PROJECT # 6267
CITY COUNCIL MINT
CITY OF CORPUS cHRIsrr, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of 1
DATE: 03-26-2008
TT A CI-IMPNT
Wooldrid• a Road Street Im • r vements Phase 1 Pro e t # 6267
Owners of Record — Parcels 2, 6.
Parcel
No.
Owner of Record
Property Legal
Description
Parcel Legal Description
2
Gandy -Robertson, Inc., a
Texas corporation
Lots 1-A and 2-A, Block 1,
Gusto Subdivision, Corpus
Christi, Nueces County, Texas.
Parcel 2 — 178.54 sq. ft. out
of Lot 1-A, Block 1, Gusto
Subdivision.
Imogene a S. Butler,
individually and as
Executrix of the Estate of
Philip A. Butler, et al
Tract A, Lot 15, Lokey
Subdivision, Corpus Christi,
Nueces County, Texas.
Parcel 6 - 1,000.01 sq. ft.
out of Tract A, Lot 15, Lokey
Subdivision
CADOCUME-1\VEl N1- 1\L AL —1\Temp\Atta hm nt A.Owners Record_l.doc
ATTACHMENT 'A'