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Home My WebLink About032955 ORD - 12/20/2022One -Reading Ordinance authorizing execution of all documents necessary to acquire an underground utility easement from Union Pacific Railroad near Broadway Street and Palm Drive; declaring a public use and necessity; and authorizing the City Manager to institute condemnation by eminent domain proceedings to acquire an underground utility easement for water supply projects across railroad right-of-way near Broadway Street and Palm Drive in a manner that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities WHEREAS, the City of Corpus Christi ("City") is in need of an underground utility easement for water supply projects, shown in Exhibit A, for purposes of constructing a water supply project and connecting facilities from one location to another; WHEREAS, in accordance with Texas Government Code § 2206.053, 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 not more than one Councilmember objecting to adoption by single ordinance for all units of property for which eminent domain 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 motion to adopt this resolution has been made by the following motion: "I move that the City of Corpus Christi authorize the use of eminent domain to acquire an underground utility easement across railroad right-of-way near Broadway Street and Palm Drive that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities from Union Pacific Railroad and related entities for public use for water supply projects." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The aforementioned recitals are found to be true and correct legislative and factual findings of the City of Corpus Christi, Texas, and they are hereby approved and incorporated for all purposes as if they were fully recited herein. Section 2. 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 water supply projects consisting of an underground utility easement near Broadway Street and Palm Drive that does not interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities as depicted in the attached Exhibit A, for the public use of water supply projects, and such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for improving and connecting the City's municipal water system (hereinafter known as the "water supply projects"). Section 3. The City Manager or designee is authorized to negotiate and make final offers and to execute contracts and instruments necessary for the purchase of an underground utility easement near Broadway Street and Palm Drive that does not 032955 SCANNED interfere with transportation by rail carriers or operation of railroad tracks or railroad facilities from Union Pacific Railroad and related entities provided the amounts paid are within the Council approved project budgets, all without requiring additional City Council consideration or approval. Section 4. The City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the aforementioned easements from Union Pacific Railroad and related property owners for the water supply projects, including negotiations and acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If agreements with the owners of the real property cannot be reached after reasonable negotiations, then the City Manager is delegated the authority to direct the City Attorney or other designee to file or cause to be filed against Union Pacific Railroad, 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 necessary revisions due to errors in original property descriptions, later receipt of more accurate surveys, or other valid reason, then 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 further authorized to issue payment(s) pursuant to an award by Special Commissioners or other officials in the eminent domain matter, to the extent appropriated funds are available for such payment(s). Section 5. This ordinance authorizing eminent domain proceedings over the properties described and depicted in Exhibit A has been approved by single record vote of the City Council. Section 6. This ordinance shall take effect immediately from and after its passage, and it is so ordained. Section 7. Upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on the day of UsM , 2022. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Council Members Respectfully, c Paulette Guajardo Mayor The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the ATTEST: Rebecca Huerta City Secretary day of t; , 2022. au ette Guajardo Mayor o 955 g PPE -3 DATE 09/02/22 SCALE CLIENT; Cory OF PAGE NO1 SCALE 1'.50' CORPUS CHRIST 5/9 / Exhibit A Easements to be obtained from Union Pacific Railroad i 0' 25' S0' SCALE: 1" = 50" (1111 x 8-I/21 UNE TABLE UNE 4 LENGTH DIRECTION LI 100.17' 509'49'42'W L2 16.34' N76'4811•W 13 100.21' N09'49'42'E L4 10.45' 570'40'11'0 TPE-2 40.353 ACRES FLINT HILLS RESOURCES CORPUS CHRISTI, LLC DOC. N0. 2011010311 NOVEMBER 1, 2010 0.P.R.N.C.T. NOTES ` 1. ALL 10 861200 AEA THE 0 OWN • ARE GRID BASED O4, THE HTD(ASZ0 (4E 5)A NS CO53 A 5J.; EM, H 2010.0). ZONE (E TO NAD CO (2001 PDR; CE AD MEET DUE TO THE 1.0 00 HE DISE ADJUSTMENT COORDINATE Of VALLE00 THE DISTANCES 016 AND COORDINATE VALUES OF SURFACE PND GRID ARE EOUN.. 2. ALL MEASUREMENTS ARE U.S. SURVEY FEET. 3. A LEGAL DESCRIPTION OF EVEN DATE WAS PREPARED N CONJUNCTION WITH TH19 PLAT. ENRIQUEZ VILLAREAL SURVEY 4. SURVEY WAS PERFORMED IN AUGUST 2022 ABSTRACT N0. 1 Ot1t os :At kkiR �887q 5) UNipA, IJP AI -D PPE -2 RX39 soft W 6. 1145 SURVEY WAS PERFORMED WINOUT THE ND Of A TITLE COMMITMENT. THERE MAY BE E4EMEN111 0R OTHER MATTERS NOT SHOWN THAT ((1614? EFFECT THE SUBJECT PROPERTY. ACCORLXNG TO IFIE FLOOD INSURANCE RATE rc a IMMRCE3 9))1u1�ORR. 11114 O CITY OF CORPUS CER. , NUE48350003100, MAP EFFECTIVE 10/13/2022, ac N . THE(SUBJECT EASEMENT IS LOCATED M SONE . o FLOOD AZARMICH IN DCARE ,, IS CASE IS A SEPCAL tz • = FRO MONUMENT (A5 NOTED) 28 ai • - SET 5/61" IRON ROD WTH YELLOW PLASTIC CAP STAMPED `CI'ALCORP" PI. - PROPERTY UNE P.0.8. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCING R.O.W. = RIGHT-OF-WAY A, P. LAND HOOK O.11.R.16.0.T. = OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS M.R.N.C.T. = MAP RECORDS OF NUECES COUNTY. TEXAS I HEREBY CERTIFY THIS SURVEY WAS PERFORMED ON THE GROUND AND THIS PLAT CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF 111E SURVEY. aP^Rox ('`fix 14G- - aSOD /EAR�)- !G((Ep g 774 571E 4.837 ACRES 'FARCE 0: TRACT 47' FLAT FILLS RESOURCES CORPUS CHRISTI, LLC DOC. N0. 2010040428 NOVET.HR 1, 2010 0.P.RN.C.T. TPE-1 P.O.B. N - 17,184,284.24 E . 1,335,107.25 kNutA3 IF1Y)pp,- - INION PACIFIC RAILROAD COMPANY DOC. N0. 2012011348 FEBRUARY 1, 1998 OPR.N.0.T. EASEMENT APPROX TAKING APPROX N0. EXISTING AREA REMAINDER 5,770.75' ACRES 28.75' ACRES PPE -3 N/A 0'1 035 AC. (4,510 SF) N/A PPE -1 CURVE TABLE CURVE / LENGTH RADIUS CH5RD BEARING CHMD DISTANCE C1 28.75' 5,770.75' N76'39'38'W 28.75' C2 34.63' 5,670.75' 57637'42'E 34.63' P.0.0 1/2' IRON ROD PREIWNARY, TIPS 00 UMENT SNAIL NOT BE RECOILED FOR ANY PURPOSE ANO SHALL NOT BE USED OR VIEWED OR RE.LED UPON A5 A FINAL SURVEY DOCUMENT. JAMES A WOODS RPLS N0. 5333 eeivil�orp 45' WIDE PERMANENT PIPELINE EASEMENT SEAWATER DESALINIZATION INNER HARBOR GENERAL D ESCPoP1I0I4 D RAWN BY: TH 0X'0 8Y: SS Property Description for PPE -3 Being a 0.1035 acre (4,510 square foot) permanent pipeline easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a tract of land described to Union Pacific Railroad Company (100 foot right-of-way width), as recorded in Document No. 2012011348 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.1035 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T. and being in the existing North right-of-way line of Union Pacific Railroad, THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West — Deed Call), with the said existing North right-of-way line of Union Pacific Railroad and the South line of said 40.353 acre tract, a distance of 397.50 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast corner of the herein described easement and having State Plane Coordinates of N=17,184,284.24, E=1,335,107.25, and being the POINT OF BEGINNING; 1) THENCE, South 09 deg. 49 min. 42 sec. West, crossing said Union Pacific Railroad right-of-way, a distance of 100.17 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement; 2) THENCE, North 76 deg. 48 min. 11 sec. West, with the said existing South right-of-way line of Union Pacific Railroad and the North line of a 4.837 acre tract of land described as "Parcel D: Tract #7" to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T., a distance of 16.34 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement and the beginning of a tangent curve to the right; 3) THENCE, with said existing South right-of-way line of Union Pacific Railroad, the North line of said 4.837 acre tract and said curve to the right, having a radius of 5,770.75 feet, an arc length of 28.75 feet, and a chord which bears North 76 deg. 39 min. 38 sec. West, a distance of 28.75 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement: 4) THENCE, North 09 deg. 49 min 42 sec. East, crossing said Union Pacific Railroad right- of-way, a distance of 100.21 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement and beginning of a tangent curve to the left, said point also being in the South line of said 40.353 acre tract; 5) THENCE, with the said existing North right-of-way line of Union Pacific Railroad, the South line of said 40.353 acre tract and said curve to the left, having a radius of 5,670.75 feet, an arc length of 34.63 feet, and a chord which bears South 76 deg. 37 min. 42 sec. East, a distance of 34.63 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for an angle corner of the herein described easement; 6) THENCE, South 76 deg. 48 min. 11 sec. East, with the said existing North right-of-way line of Union Pacific Railroad and the South line of said 40.353 acre tract, a distance of 10.45 feet to the POINT OF BEGINNING, containing 0.1035 acres (4,510 square feet) of land. All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. i UNE TABLE UNE08 LENGTH DIRECTION LI 100.21' 509.49.42'W 12 100.27' N09'49.42'E r.tu0 8-1 50'(11' X 0-I/2') AE--/ (CALL, R.004, 50. TPE-2 0581954 Z VILLAREAL SURVEY ABSTRACT N0. 1 40.353 ACRES FLINT HILLS RESOURCES CORPUS CHRISTI, LLC DOC. N0. 2011010311 NOVEMBER 1, 2010 0.P.R.N.C.T. DY'(' r1i4_V q rr..'''''O N��S�yEq (0.14 SSW 4.537 nem 'PARCEL 05 TRACT #7 FLINT HILLS RESOURCES CORPUS CHRISTI LLC DOC. N0. 2010040428 NOVEMBER 1, 2010 OP.R.N.CT. TPE-1 EASEMENT APPROX TAKING APPROX NO. EXISTING ACRES AREA REMAINDER ACRES 1PE-3 N/A 0 1266 AC. N/A 55.13' 5,670.75' (5,513 SF) 55.13' PPE -1 CURVE TABLE CURVE i LENGTH RADIUS CHORD BEARING CHORD DISTANCE Cl 55.13' 5,770.75 N7614'39'16 55.13' C2 55.13' 5,670.75' 07610'29'0 55.13' I � cwi��o ry SAO )g•45•ll' 48793' W (CALLED A) 45)95')) 3D•W DryN P — q eRckooCROAO UNON PAOFIC RAILROAD COMPANY 0001 60. 2012011348 FEBRUARY 1. 1998 0.8.8.N.0.T. NOTE: 1. 6 0I. D BASEDRNOS AND HE TEXAS ST 16 PLANEWN CRE 0RD E SS] ON TOE H Z04 E 4E RA 63 (2005 08 S.; EPO H 2011 ZONE (4205) NAD LU (2001 ADI.; EPOCH 2UIU.D). DUE TO THE 100000➢ HE DIST IDJUSIY COORDINATE FACTOR OF 1A00000 1l5 DISTANCES A8AREEQA VAWES OF SURFACE ANO CRO ARE EQUAL 2. ALL MFAAIRENERS ARE U.S. SURVEY FEET. 3. A LEON. DESCRIPTOR 0I EVEN VETE WAS PREPARED N COMAINCTON NTH THIS PLAT. 4. SURVEY WAS PERFORMED IN AUGUST 2022 5. 1155 SURVEY WAS PERFORMS] WITHOUT THE N0 OF A 1111E COMMOMENT. THERE MAY BE EASEMENTS OR OTHER MATTERS NOT SHOWN THAT MAY EFFECT THE SUBJECT PROPERTY. 5 ACCORDING TO THE F1.000 INSURANCE RATE MM (FIRM) FOR THE Cm OF CORPUS CHRISTI. NUECES COUNTY, 1E(A4, C3141UNIIY PANEL 48355003100, MAP EFFECTIVE 10/13/2022. THE SUBJECT EAMELBNT IS LOCATED N SONE AE (ELS) WHICH IN THIS CASE IS A SEPCDL F1.000 HAZARD AREA. IFCENO' • = PND MONUMENT (AS NOTED) • - SET 5/B' IRON RCD WIN YELLOW PLASTIC CAP STAMPED 'GNLCORP' - CALL POINT .0,C P.0.0. = POINT OF BEGINNING I/2' IRON ROD P.O.C. - POINT OF COMMENCING R.0.4. - RIGHT -CF -WAV = LAND 0001 O.P.R.H.C.T. - OFFICIAL PUBLIC RECORDS OF NUECES COUNTY. TEXAS MPP RECORDS OF NUECES COUNTY, TEXAS I HEREBY CERTIFY 11115 SURVEY WAS PERFORMED ON THE GROUND AND THIS PUT CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME OF THE SURVEY. PROJNWMRY. 1195 DOCUMENT SNARL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT E U500 OR VIEWED OR RELIED UPON A5 A FINAL SURVEY 000IIMEM. JAMES A WOODS RPLS NO. 5333 (CeivilCorp 55 WIDE TEMPORARY PIPELINE EASEMENT SEAWATER D6AUMZAIION INNER HN63OR GENERAL DESORPTION: DRAWN 8Y: 111 OL'D BY: S5 TPE-3 0410: 09/02/22 �E00057: 0117 OF PAGE 60: SCALE 1'-50' ORPUS CHRIS➢ 9/9, Property Description for TPE-3 Being a 0.1266 acre (5,513 square foot) temporary pipeline easement, situated in the Enriquez Villareal Survey, Abstract 1, Nueces County, Texas, being a portion of a tract of land described to Union Pacific Railroad Company (100 foot right-of-way width), as recorded in Document No. 2012011348 of the Official Public Records of Nueces County, Texas (O.P.R.N.C.T.), said 0.1266 acre easement being more particularly described as follows: COMMENCING from a 1/2 inch diameter iron rod found for the southeast corner of a 40.353 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2011010311 of the O.P.R.N.C.T., the southwest corner of a 16.839 acre tract of land described to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of O.P.R.N.C.T. and being in the existing North right-of-way line of Union Pacific Railroad, THENCE as follows; North 76 deg. 48 min. 11 sec. West (North 76 deg. 27 min. 30 sec. West — Deed Call), with the said existing North right-of-way line of Union Pacific Railroad and the South line of said 40.353 acre tract, a distance of 407.95 feet (407.95 feet — Deed Call) to the beginning of a tangent curve to the right; With the said existing North right-of-way line of Union Pacific Railroad, the South line of said 40.353 acre tract and said curve to the right, having a radius of 5,670.75 feet, an arc length of 34.63 feet, and a chord which bears North 76 deg. 37 min. 42 sec. West, a distance of 34.63 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northeast comer of the herein described easement, the beginning of a tangent curve to the right and having State Plane Coordinates of N=17,184,294.63, E=1,335,063.38, and being the POINT OF BEGINNING; 1) THENCE, South 09 deg. 49 min. 42 sec. West, crossing said Union Pacific Railroad, a distance of 100.21 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southeast corner of the herein described easement and the beginning of a tangent curve to the right; 2) THENCE, with the said existing South right-of-way line of Union Pacific Railroad and the North line of a 4.837 acre tract of land described as "Parcel D: Tract #7" to Flint Hills Resources Corpus Christi, LLC, as recorded in Document No. 2010040428 of the O.P.R.N.C.T. and said curve to the right, having a radius of 5,770.75 feet (5,770.75 feet — Deed Call), an arc length of 55.13 feet, and a chord which bears North 76 deg. 14 min. 39 sec. West, a distance of 55.13 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the southwest corner of the herein described easement; 3) THENCE, North 09 deg. 49 min 42 sec. East, crossing said Union Pacific Railroad right- of-way, a distance of 100.27 feet to a 5/8 inch diameter iron rod with yellow plastic cap stamped "CIVILCORP" set for the northwest corner of the herein described easement and beginning of a tangent curve to the left, said point also being in the South line of said 40.353 acre tract; 4) THENCE, with the said existing North right-of-way line of Union Pacific Railroad, the South line of said 40.353 acre tract and said curve to the left, having a radius of 5,670.75 feet (5,670.75 feet — Deed Call), an arc length of 55.13 feet, and a chord which bears South 76 deg. 10 min. 29 sec. East, a distance of 55.13 feet to the POINT OF BEGINNING, containing 0.1266 acres (5,513 square feet) of land. All bearings and coordinates shown are grid based on the Texas State Plane Coordinate System, South zone (4205) NAD83 (2001 adj.; epoch 2010.0). Due to the combined surface adjustment factor of 1.000000 the distances and coordinate values of surface and grid are equal. All measurements are U.S. Survey Feet. A plat of even date was prepared in conjunction with this legal description. This survey was performed on the ground under my supervision in August 2022. Approximate Location of 100 ft x 100 ft Pipeline Easement CO s sr O aroactivey sr ¢a a� sv trr 0 rssr �� .1