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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'