HomeMy WebLinkAbout032012 RES - 01/28/2020 1
Resolution determining the public necessity and public use for the acquisition of
fee simple property rights for a public improvement project known as the La
Voila Creek Detention Pond Project; authorizing negotiation to acquire the
property interests; authorizing condemnation by eminent domain to acquire fee
simple property interests in approximately 132 acres of land owned by Lands
Greenwood 2018 LLC located near the intersection of Saratoga Boulevard and
Greenwood Drive
WHEREAS, the City of Corpus Christi is in need of fee simple property rights for
the purposes of constructing public improvements for the La Volla Creek Detention
Pond Project near the intersection of Saratoga Boulevard and Greenwood Drive;
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, the City Council has determined to utilize its constitutional and statutory
authority to exercise its authority for eminent domain in accordance with State law for
construction of the La Voila Creek Detention Pond Project; and
WHEREAS, the fee simple property rights are necessary to advance the public
uses recited herein; and
WHEREAS, based on an engineering study, the location of the detention pond
and related public improvements optimizes the enhancement and adequacy of the
municipal stormwater system.
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 La Voila Creek Detention Pond Project, and it is in the
public interest to acquire the tract of approximately 132 acres of land owned by Lands
Greenwood 2018 LLC near the intersection of Saratoga Boulevard and Greenwood
Drive, as shown on the attached Exhibit A - Project Location Map, 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 stormwater system.
Section 3. That the City Manager or designee is hereby authorized on behalf of
the City to negotiate to acquire the fee simple property interests for the La Voila Creek
Detention Pond Project. If an agreement 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 all interested parties of the property proceedings in eminent domain in
accordance with State law to acquire the easements and fee simple interests in the
property. If it is later determined that there are any errors in the descriptions contained
032012 SCANNED
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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.
Section 4. That this resolution shall take effect immediately from and after its
passage.
PASSED AND APPROVED on the ,9' day of vtslaI , 2020
Joe McComb /, r
Roland Barrera 4-1
Rudy Garza /4-1
Paulette M. Guajardo
Gil Hernandez X
Michael Hunter -C
Ben Molina /1(
Everett Roy
Greg Smith f,
ATTEST: CITY OF CORPUS CHRISTI
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Rebecca Huerta J.- cComb
City Secretary - •r
032012
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Exhibit A - Project Location Map
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LANDS GREENWOOD 2018 LLC
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LAND ACQUISITION CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI,TEXAS
GREENWOOD 2018 LLC DEPARTMENT OF ENGINEERING SERVICES