HomeMy WebLinkAbout028551 RES - 04/13/2010RESOLUTION
DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE
SIMPLE TITLE (TO THE SURFACE ESTATE ONLY) TO TWO
TRACTS OF LAND KNOWN AS PARCELS 10 AND 11 [(1)
PARCEL 10 BEING A 0.239 -ACRE (10,410.8 SF) TRACT OF
VACANT LAND OUT OF LOT 10, BLOCK 1, OF THE NUECES
RIVER IRRIGATION PARK, AS SHOWN ON PLAT RECORDED IN
VOL. A, P. 54, MAP RECORDS OF NUECES COUNTY, TX --
STEVEN R. HOOK (OWNER); AND (2) PARCEL 11 BEING A
0.812 -ACRE (35,369.8 SF) TRACT OF VACANT LAND OUT OF
LOT 9, BLOCK 1, OF THE NUECES RIVER IRRIGATION PARK,
AS SHOWN ON PLAT RECORDED IN VOL. A, P. 54, MAP
RECORDS OF NUECES COUNTY, TX -- THE ESTATE OF
ALBERT F. STUCHLY, ET AL (OWNER)] FOR THE COUNTY
ROAD 52 — US 77 TO CR 69 STREET PROJECT (#6471) BOND
2008, FOR THE PUBLIC PURPOSE, USE AND CONSTRUCTION
OF STREET IMPROVEMENTS, AND FOR OTHER RELATED
PUBLIC, STREET, AND DRAINAGE PURPOSES; AND
AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY
TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF
NEGOTIATIONS OR BY EXERCISE OF THE CITY'S POWER OF
EMINENT DOMAIN.
WHEREAS, the City of Corpus Christi has implemented a street project known
as the County Road 52 — US 77 to CR 69 Street Project (#6471) Bond 2008 to
build street infrastructure improvements along County Road 52 from US 77 to
Country Road 69 (the "Project") for public use as a street, and for other related
public, street, and drainage purposes; 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 (Steven R. Hook and the Estate of Albert F. Stuchly,
et al) of the tracts of land known as Parcels 10 and 11, as shown and
described in Exhibit "B" and which are necessary for the public purpose use of
the Project and for the public purpose and use as street and drainage
infrastructure ("the Property"); and
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041310 RESO 2 condemn CR 52, Parcels 10 and 11 Pagel of 4
INDEXED
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,
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 street improvements known as
the County Road 52 — US 77 to CR 69 Street Project (#6471) Bond 2008, as
recited above (the "Project"), and that it is necessary for the public welfare and
convenience to acquire from the owners, Steven R. Hook and the Estate of
Albert F. Stuchly, et al, the fee simple rights to the surface estate only of the
subject property shown and described in Exhibit "B" ("the Property") for the
public purpose of the Project and for other related street, drainage, and public
purposes. Public necessity requires that the City acquire the Property either
through purchase or by exercise of the power of eminent domain.
SECTION 2. The public necessity to acquire the Property for the public
purpose and use of the Project and for related street, drainage, and other
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 street infrastructure improvements, and for other related
street, drainage, 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 acquire the Property by negotiation, the City Attorney and
designee are hereby directed and authorized to institute and prosecute to
conclusion, or to cause to be instituted and prosecuted to conclusion, all
necessary proceedings to condemn the private property interests in the
Property in order to acquire fee simple property 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
041310 RESO 2 condemn CR 52, Parcels 10 and 11 Page2 of 4
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 takes effect immediately upon passage.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved as to legal form: 31 -Mar -10
By:
Ninuf.,4„
Veronica Ocarias
Assistant City Attorney
for City Attorney
Joe Aflame
Mayor
041310 RESO 2 condemn CR 52, Parcels 10 and 11 Page3 of 4
131-k- day of
, 2010
The above resolution was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal ,
John E. Marez
Nelda Martinez
Mark Scott
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041310 RESO 2 condemn CR 52, Parcels 10 and 11 Page4 of 4
File :\Mproject\councilexh\exh64711ond.dwg
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PARCEL 10
STEVEN R. HOOK
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COUNTY ROAD 52/U.S. 77 TO COUNTY ROAD 69
PROJECT #6471
PARCELS 10 AND 11
EXHIBIT B
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 3-25-2010