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Home My WebLink About030747 RES - 01/19/2016 1 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 A RIGHT-OF-WAY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT, COLLECTIVELY KNOWN AS PARCEL 3, FOR A STREET IMPROVEMENT PROJECT KNOWN AS THE ISLAND GATE PLAZA CENTER ALTERNATIVE ACCESS PROJECT; (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 EASEMENT INTERESTS IN THE PROPERTY OWNED BY KIMCO CORPUS CHRISTI L.P.; (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 OF THE PARCEL DESCRIBED HEREIN BY A SINGLE RECORD VOTE OF THE CITY COUNCIL. WHEREAS, the City of Corpus Christi is in need of a Right-of-Way Easement and Temporary Construction Easement collectively known as Parcel 3, described herein for the purposes of constructing an alternative access way and other street related improvements from Corona Drive to the rear of Island Gate Plaza, WHEREAS, in accordance with the Texas Property Code, the Landowner's Bill of Rights, have been provided to the landowner; 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 Right-of-Way and Temporary Construction Easements are necessary to advance the public uses recited herein; and, WHEREAS, Texas Government 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 alternative access and street related improvements optimizes the enhancement and adequacy of municipal streets; 030717 INDEXED 2 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 determines that a public use and necessity exists for the welfare of the City and its citizens to construct the Island Gate Plaza Center Alternative Access Project, and it is in the public interest to acquire the Right-of-Way and Temporary Construction Easements collectively known as Parcel 3, as described by metes and bounds 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 easement interests for the Island Gate Plaza Center Alternative Access 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 Kimco Corpus Christi, L.P. and interested parties of the property, proceedings in eminent domain in accordance with State law to acquire the easement interests in the property. If it is later determined that there are any errors 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 parcel of property described and depicted 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. 3 Attest: City of Corpus Christi 1-- -L12,C.4-r, 14-(Af/47,--. i Rebecca Huerta, City Secretary Nelda Marti ayor• PASSED AND APPROVED, this the nty y of ,(I„L_A I ..,,A , 201 . I i The above resolution was passed by the following vote: Nelda Martinez / ' i Rudy Garza Chad Magill ,t L� Colleen McIntyre A'0 Lillian Riojas IMI Brian Rosas Lucy Rubio I Mark Scott OP Carolyn Vaughn I I 030747 4 Exhibit "A" • ISLAND GATE PLAZA ACCESS CITY PROJECT NO. 6284 PARCEL THREE PERMANENT EASEMENT Being all that part of Block CR, Levek Tract as recorded in Vol. 56, Pg 130, M.R.N.C.T.,described as follows: Beginning at the southwesterly corner of Block CR, Thence N 29°-01'-00"E along the westerly line of Block CR,a distance of 57.00 feet; Thence S 60°-59'-00"E,a distance of 36.00 feet; Thence S 29°-01'-00"W a distance of 57.00 feet to a point on the southerly line of Block CR; Thence N 60°-59'-00"W along the southerly line of Block CR,a distance of 36.00 feet;to the point of beginning And containing 2,052 square feet more or less. TEMPORARY CONSTRUCTION EASEMENT Being all that part of Block CR, Levek Tract as recorded in Vol.56, Pg 130, M.R.N.C.T.,described as follows: Beginning at a point on the westerly line of Block CR N 29°-01'-00"E,a distance of 57.00 feet from the southwesterly corner of Block CR, Thence N 29°-01'-00"E along the westerly line of Block CR,a distance of 15.00 feet; Thence S 60°-59'-00"E, a distance of 51.00 feet; Thence S 29°-01'-00"W a distance of 72.00 feet to a point on the southerly line of Block CR; Thence N 60°-59'-00"W along the southerly line of Block CR,a distance of 15.00 feet; Thence N 29°-01'-00"E a distance of 57.00 feet Thence N 60°-59'-00"W a distance of 36.00 feet to the point of beginning And containing 1,820 square feet more or less. 1' p�97E! /4; c '(tt*SFO 41 !AV RtiDALCATIA of \`... 4229 ,r / / /4,.,Z"0:t a' 5 Exhibit "B" OWNER: / N PADRE ASSOCIATES / // / 45 3CO TRESTER 3 KGS HWYEAST INTERESTS / /! / HADDONFIELD, NJ 08003 / / / / / 15' WIDE TEMPORARY CONSTRUCTION / �/ EASEMENT MARKS TRACT / / /S /360.\� LOT 6, BLOCK 2 / 0.4.6:0r). 9,0 \� VOL. 43, P. 135 /rte / 0�, M.R.N.C,T. o°oo / / / /``��i try / o / / / / ��p / LEVEK TRACT / /,o o BLOCK CR / / 4i5b ad•, *to/ VOL. 56, P. 130 / 900 1Y\ \ M.R.N.C.T. / / .OA, Fkis / / /41 / Co„ si.\si: 1l'°c.F 7 /• /,,,,,/. // i cR, \ / / N / 7 / / 41 k/ / Cu'''. // LEVEK TRACT LOT 23, BLOCK D / VOL. 41, P. 174-175 / / / M.R.N.C.T. / / / // / // TOTAL PARCEL 591,315.22 SF a -. / TAKING 2052.00 o AA• l.,r REMAINDER 589,241.22 r 11 Pi`s liTegFo �` TEMP. CONST. ESMT. 1620.00 S: 64. 1, •UBALCAM '`,(4 • / PARCEL NO. 3 '� v:I .(I if i' SCALE: 1"=30' I., ,•� S CITY OF CORPUS CHRISTI DATE LL��11'' ISLAND GATE PLAZA 10-17-2008 fat PARCEL NO. 3 FIGURE S. HDR PROJECT NUMBER: 86246 CITY PROJECT NO. 6284 03 a . . M f f i . t 4 ichaels No— ... . Best Buy .„, .... , PARCEL 3 c, ft 4 .I I Ar 4.0o-r, ', NI U..4. r .'. . ,, •,.... i . . ,,•=. 'k, ..,.., U4 lit IP , I --,-- , . .., . . PARCEL 2 -- \ , . t ,P, PARCEL 1 . ..„ .„ .. . * 4 . .. 4 I 4 , . , " / 4/ 1 e '• ,,,,;;,: , s 1 5.0414 p /:... 47:7,.;= ,, .4 4. ,../ ,e,=1' tk. ili::::'''' • E.rtr.1:. .. Corona D r. ....„... t 474 0 - s,„,,.... '-.-r';',,„,,,,,,, ,'17"4'--1'37:- ".'-'-A1,,4 ''' .---1:nt,.... -.:::— ,. ,, - ,,,,,, ,,,,, E,,,,,,, 9. 3 ,11. % i I ; 4%, t i4 '.4 1 ‘ ''''''' .4E .,,,,, •01IN., -...0,1,,,.. 4. —"•4. , i ''' - — • kr 4 4 i • . 49, I liOCAT/ON MAP couger,,,,, NOT TO SCALE ,„, 4.,,,,„, c,,,,, `" "'"4',i i PROJECT: 6411 ..„ .,. . :_. CITY COUNCIL EXHIBIT Island Gate Plaza Center CITY OF CORPUS CHRISTI.TEXAS DEPARTMENT OF ENGINEERING Alternate Access Route SERVICES