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HomeMy WebLinkAbout029906 RES - 07/30/20131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS (1) DETE INING THE PUBLIC NECESSITY AND PUBLIC USE FOR THE ACQUISITION OF PARCELS OF LAND BY FEE SIMPLE TITLE TO THE SURFACE ESTATE, UTILITY EASEMENTS, D TEMPO Y CONSTRUCTION EASE NTS FOR A STREET I = ' ROVEMENT PROJECT OWN AS THE HOLLY ROAD STREET IMPROVEMENT PROJECT WHICH IS TO BE GENERALLY LOCATED FROM GREE OOD DR. TO (SH 286) CROSSTOWN EXPRESSWAY, BOND 2008; (2) AUTHORIZING THE CITY NAGER OR HIS DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY INTERESTS SUBJECT TO AVAILABILITY OF FUNDS APPROPRIATED FOR SUCH PURPOSES; (3) AUTHORIZING THE CITY NAGER TO INSTITUTE CONDEMNATION BY EMINENT DO ,]N PROCEEDINGS TO ACQUIRE THE FEE SIMPLE AND EASE NT INTERESTS IN THE PROPERTIES; (4) AUTHORIZING PAYMENT PURSUANT TO AN AWA BY SPECIAL COMMISSIONERS; (5) AUTHORIZING ACCEPTANCE AND RECORDING OF APPROPRIATE LEGAL INSTRUMENTS; AND (6) APPROVING CONDEMNATION FOR ALL UNITS OF PROPERTY TO BE ACQUIRED BY CONDEMNATION THE PARCELS OF LAND DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of various tracts of land, utility easements, and temporary construction easements described herein for the purposes of street and related improvements, and, WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, has been or will be provided to the landowners; and WHEREAS, in accordance with Section 2206.053 of the Texas Government Code, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with no Councilmember objecting to adoption by single resolution for all units of property for which condemnation proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and, WHEREAS, the land rights, utility easements, and temporary construction easements listed in Exhibit "A," are necessary to advance the public uses recited herein; and, WHEREAS, Texas Gove ent Code Section 2206.053 (f) provides that if a project for a public use will require a governmental entity to acquire multiple tracts or units of property to construct facilities connecting one location to another location, the governing body of the governmental entity may adopt a single ordinance, resolution, or order by record vote that delegates the authority to initiate condemnation proceedings to the chief administrative official of the governmental entity; and; WHEREAS, based on an engineering study, the location of said street and related improvements optimizes the enhancement and adequacy of municipal streets; 906 INDEXED NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. Section 2. That the City Council of the City of Corpus Christi, Texas, hereby finds and dete ines that a public use and necessity exists for the welfare of the City and its citizens to construct the Holly Road Street Improvement Project, and it is in the public interest to acquire the tracts of land, utility easements, and temporary construction easements, as described and listed in Exhibit "A" and depicted in Exhibit "B," attached hereto and incorporated herein, for such public use; that such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for providing improvements to its municipal street system. Section 3. That the City Manager, or designee, is hereby authorized on behalf of the City to take all steps necessary to acquire the fee simple and easement interests for the Holly Road Street Improvement Project, including acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If such offer and an agreement as to damages and compensation cannot be reached, then the City Manager is delegated the authority to direct the City Attorney, or designee, to file or cause to be filed against the owners and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the properties in fee simple and easement interests in the properties. If it is later dete ined that there are any e •rs in the descriptions contained herein or if later surveys contain more accurate revised description, the City Attorney, or designee, is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is authorized to issue payment pursuant to an award by Special Commissioners in the condemnation matter. Section 4. That the City Manager or designee is fully authorized to negotiate and make final offers, and to execute the contracts and instruments necessary to purchase and acquire all properties necessary and to pay for said properties provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 5. That this resolution authorizing condemnation proceedings over the units of property described and listed in Exhibits A and B, shall be approved by single record vote of the City Council. Section 6. That this Resolution shall take effect immediately from and after its passage and it is so resolved. PASSED AND APPROVED CORPUS CHRISTI, TEXAS, this Y THE ITY COUNCIL OF THE CITY OF ay of , 2013. ATTEST: ando Chapa City Secretary Corpus Christi, Texas f� of U 690 13 C. The above resolution was passed by the following vote: THE CI` "Y OF CORPUS CHRISTI Nelda Martinez Mayor Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott 906 Parcel # 1 2 Exhibit "A" 4 HOLLY ROAD STREET IMPROVEMENT PROJECT PROJECT NO. 6470 PARCEL OWNERSHIP LIST Owner Eagle Leasing, Inc. 5NL Properties, LLC 3 5,5A 6,6A Jose L. Flores, et al Phero & Anna, Inc. South Padre Investment Inc. 1814 Holly Road Ltd. Lynna Lynette Simpson Type of Taking Fee simple Fee simple surface rights Fee simple surface rights Fee simple surface rights Legal Description of Parent Tract Cabaniss Acres, Part of Lot 1, All Lots 2 Thru 4, Block 9 Cabaniss Acres, Less 5 X 150 Ft of NW Corner of Lot 12, Block 9 Fee simple; U.E.; & T.C.E Fee simple; U.E.; & T.C.E Fee simple; U.E.; & T.C.E Cano Place Unit 1, Lt 1, Block 11 Bohemian Colony Lands, L698 Ac. out of Lot 8, Section 7 Bohemian Colony Lands, 144.792 Ac, out of Lots 5 & 6, Section 4 Holly Rd Industrial Tracts, Lot 1, Block 2 B, BA 9, 9A James B. Ragan, Atty at Law South Padre Investment Inc. Fee simple; U.E.; & T.C.E Fee simple; U.E.; & T.C.E Holly Rd Industrial Tracts, Lot A, Section 1 Bohemian Colony Lands, 3 Ac. out of Lot 5, Block 4 Bohemian Colony Lands, 65.18 Ac. out Lots 3 & 4, Section 4 U.E. = Utility Easement T.C.E. = Temporary Construction Easement Exhibit "B" Project Location Map Holly Road -Greenwood to Crosstown BOND 2008 CITY COUNCIL IBIT CITY Of CORPUS CHRIS71, TEX45 DEP DO O EISIG; 4.", SERVICES PAGE: 1 of 1 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City CouncII Action Date: July 30. 2013 A resolution of the City Council of the City of Corpus Christi, Texas (1) determining the public necessity and public use for the acquisition of parcels of land by fee simple title to the surface estate, utility easements, and temporary construction easements for a street improvement project known as the Holly Road Street Improvement Project which is to be generally located from Greenwood Dr. to (SH286) Crosstown Expressway, Bond 2008; (2) authorizing the City Manager or his designee to negotiate and execute all documents necessary to acquire the property interests subject to availability of funds appropriated for such purposes; (3) authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire the fee simple and easement interests in the properties; (4) authorizing payment pursuant to an award by Special Commissioners; (5) authorizing acceptance and recording of appropriate legal instruments; and (6) approving condemnation for all units of property to be acquired by condemnation the parcels of and described herein by a single record vote of the City Council. Amount Required: $ NONE Fund Name Account No. Fund No. Certification Not Required Org. No. Project No. Amount Certified Amount Director of Financial Services Date: -7 - 3 0 -- J 3 Balance