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Home My WebLink About029040 RES - 04/26/2011RESOLUTION DETERMINING THAT A PUBLIC NECESSITY EXISTS TO ACQUIRE A RIGHT-OF-WAY EASEMENT ON PARCEL 2, CONTAINING 0.129 ACRES (5,628.6 SQ FT) OUT OF LOT 2-R, BLOCK 1, OF THE FORUM MALL ADDITION, AS SHOWN ON PLAT RECORDED IN VOLUME 53, PAGE 115, MAP RECORDS OF NUECES COUNTY, TX FROM THE OWNER OF RECORD, WOOLDRIDGE MEDICAL INVESTORS, LLC, FOR THE WOOLDRIDGE ROAD STREET PROJECT — RODD FIELD TO QUEBEC DRIVE (#6493), 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 PARCEL 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 improvement project, known as the Wooldridge Road Street Project — Rodd Field to Quebec Drive, to improve the street and related drainage facilities hereinafter referred to collectively as the "street improvement project" to serve the City; and WHEREAS, the street improvement project has entered into the acquisition phase; and WHEREAS, the City of Corpus Christi has determined that a public necessity exists for the street improvement project and has determined that a public necessity exists for the acquisition of certain property rights, consisting of Right -of -Way 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 or through eminent domain, if necessary; NOW 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, Texas hereby determines that a public necessity exists for street improvements as part of the Wooldridge Road Street Project — Rodd Field to Quebec Drive, and that it is necessary for the public welfare and convenience to acquire from Wooldridge Medical Investors, LLC certain fee simple property rights in the property shown and described on Attachment "A" for completing the street 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 property, either by negotiating 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 during negotiation. 029040 1 of 3 INDEXED SECTION 3. That this Resolution shall take effect immediately. SECTION 4. That 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 0 Approved as to form: April '7 , 2011. L. Brian Narvaez Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI ,j,(.1,(71(A:1-11,41 Joe dame Mayor 2 of 3 Corpus Christi, Texas p`of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. 47' Priscilla Leal Atke,t/IY(- Kevin Kieschnick John E. Marez Nelda Martinez Mark Scottvr Linda Strong 029040 LNV ENGINEERING Engineers & Consultants 801 Navigation, Suite 300 Corpus Christi, Texas 78408 Parcel No. 2 Field note description for a 0.129 acre tract of land out of Lot 2R, Block 1, The Forum Mall, a subdivision of the City of Corpus Christi, Texas, recorded in Volume 53, Page 115, Nueces County, Texas Map Records, said strip of land lying Northeast of and adjacent to the existing Northeast right-of-way line of Wooldridge Road, and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod set for comer in the existing Northeast right-of-way line of said Woold-ridge Road, the most Southerly comer of Lot 1R, Block 1, The Forum Mall, a subdivision of the City of Corpus Christi, Texas, recorded in Volume 51, Page 96, Map Records, Nueces County, Texas and for the most Westerly and beginning comer of the tract herein described; from whence the existing centerline of said Wooldridge Road, bears South 28°-50'-30" West, a distance of 30.0 feet; Thence North 28°-25'-08" East, with the Southeast line of said Lot 1R, Block 1, The Forum Mall, a distance of 6.75 feet to a 5/8 inch iron rod, set for the most Northerly corner of the tract herein described; Thence South 61°-19'-10" East, with a line running 6.75 feet Northeast of and parallel to the existing Northeast right-of-way line of said Wooldridge Road, a distance of 833.89 feet to a 5/8 inch iron rod set in the Northwest line of a tract of land now or formerly in the name of Bluebonnet Gardens, Inc. a 14.467 acre tract of land out of Lots 13 & 14, Section 27, Flour Bluff & Encinal Farm & Garden Tracts, for the most Easterly corner of the tract herein described; Thence South 28°-50'-30" West, with the Southwest line of said Bluebonnet Gardens, Inc. tract, a distance of 6.75 feet to a 5/8 inch iron rod set for comer in the existing Northeast right -o# -way line of said Wool-dridge Road, for the most Southerly corner of the tract herein described: PAGE 1 ATTACHMENT A 5 I s , , , ♦ , , , , 0 n 0 6 $' r-rri ° ,rm-^CTIM pcif0>�x or ra13e> A > 0Z 0 -n F2• U1' ipi 71 1,3 co np • a � • 9 fN 44 PL PL PL PL BLUEBONNET GARDENS INC WARRANTY DEED D. NO. 2003052356 MAP PACE U-255 FLOUR BLUFF & ENCINAL FARM & GARDENS TRACTS 14.467 ACRE'S OUT OF LOTS, 13 & 4, SECTION 27 VOL. A, PGS. 41-4J M.R.N C.T. • Thence North 610-19'40" West, with the existing Northeast right-of-way line of said Wooldridge Road, a distance of 833.84 feet to the Point of Beginning. Containing more or less 0.129 Acre (5,628.6 square feet) of land. State of Texas County of Nueces I, Horacio Oliveira, a Registered Professional Land Surveyor, of LNV ENGINEERING, Engineers & Consultants, do hereby certify that the foregoing Field Note Description was prepared from information of record and from a survey made on the ground under my direction, and that this description conforms to the current Texas Surveyor's Association Standards and Specifications for a Category 1-A, Land Title Survey. This the 094 day of .2 d iCy 2010. Horacio Oliveira State of Texas License No. 1415 PAGE 2 0. ,