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HomeMy WebLinkAbout11645 ORD - 08/22/1973JR0d 8- 21- 73:lst • AN ORDINANCE RATIFYING, CONFIRMING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF A TRACT OF LAND OWNED BY LEW BORDEN AND NIXON McNIEL, SAID TRACT BEING OUT OF LOT 8, SECTION 12, BOHEMIAN COLONY LANDS, AS SHOWN IN EXHIBIT "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN LEW BORDEN AND NIXON McNIEL AND THE CITY OF CORPUS CHRISTI FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZATION THEREOF; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. The contractual annexation of the tract of land owned by Lew Borden and Nixon McNiel out of Lot 8, Section 12, Bohemian Colony Lands, as shown in Exhibit "A" attached, being the fully subscribed and duly filed contract between Lew Borden and Nixon McNiel and the City of Corpus Christi, Texas, for said annexation, and the Council authorization thereof is hereby ratified, confirmed and acknowledged, and that said territory shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of Texas, the City Charter of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. The necessity to immediately annex to the City of Corpus Christi the aforesaid lands and to declare that they shall hereafter be a part of the corporate limits of the City of Corpus Christi, creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that said ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the said Charter rule and that this ordinance 645 be passed finally on the date of its introduction and take effect and be in full force and effect from and after the 26th day of August, 1973, IT IS ACCORDINGLY SO ORDAINED, this the gZW-y day of August, 1973. ATTEST: c City ecretary / AP1_(.LDd DAY OF AUGUST, 1973: Azi ity Attorney MAYO THE CITY OF CORPUS CHRISTI i I STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS X COUNTY OF NUECES X THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between (1) Nixon ownerts), hereinafter called "OWNER(S) ", and THE CITY OF CORPUS CHRISTI, TEXAS, a home rule city of more than 200,000 population, a municipal corporation and body politic under the laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "CITY ", for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereinafter stated W I T N E S S E T H: That Owners are owners in fee simple and of all existing rights, titles (lA)and interests th /er�in of all the following described property located in(2) ;JVP_W.&- County, Texas, adjacent to and adjoining the corporate limits of the City of Corpus Christi, lying wholly within the extraterritorial juris- diction of said City and, in whole or in part, within three hundred (300) feet of the City's present corporate limits, generally deline- ated on the map attached hereto and marked "Exhibit A ", and being more particularly described as follows, to -wit: PROPOSED ANNEXATION DESCRIPTION 1 BEING a 13.0 acre tract of land out of Lot 8, Section 12, Bohemian Colony Lands as shown by map of record in Volume A, Page 48, Map Records, Nueces d by County, he UUnniitted States to R aH: Flato and I. B. Magee by deed d conveyed by recorded in Volume 959, Page 123, Nueces County, Texas Deed Records, said 13.0 acre tract being more particularly described by metes and bounds as follows: BEGINNING at the south right -of -way line of 120 foot wide Saratoga Boulevard, at its intersection with the east city limits line of the City of Corpus Christi as called for in Annexation of No. 9270 of March, 1969 for most northerly and beginning cor herein described; THENCE, S. 34 °37' W., with the east city limits line as called for in said Annexation Ordinance No. 9270, a distance of 150.31 feet; THENCE, S. 29 °25' W , still with the east city limits line of said Annexation Ordinance No. 9270, a distance of 485.09 feet; THENCE, S. 28057' W., a distance of 132.82 feet to a point, the P.C. of curve to the left; THENCE, in a southerly direction with the centerline of a 250 foot wide drainage easement and with the are of said curve to the left whose central angle is 36 012'30 ", and whose radius is 572.96 feet, an are distance of 362.08 feet to a point the P.T. of said curve; THENCE, S. 7 015130" E., with the centerline of said 250 foot wide drainage easement, a distance of 247.56 feet; THENCE, S. 89054' E., a distance of 34.43 feet to a point in said drainage easement; THENCE, N. 82 054' E., at 90.85 feet pass the east line of said drainage easement, in all a distance of 2,216.43 feet to a point in the south right -of -way line of said Saratoga Blvd. and in the south city limits line as covered by Annexation Ordinance No. 10681; _ THENCE, N. 61 °31' W•, with the south right -of -way line of said Saratoga Blvd. and the south city limits Line as covered by said Annexation Ordinance No. 10681, a distance of 1,261.67 feet to a point in the most easterly corner of the R. W. Winston property; THENCE, S. 73058' W., with the south line of said Winston property, a distance of 494.66 feet; SCE, S. 48 044'58" W., still with the south line of said Winston property, a distance of 310.0 feet to a point in the most southerly corner of the V. M Marlett property; THENCE, N. 61001' W., with the southwest line of said V. M. Marlett property, a distance of 252.02 feet to a point in the east line of a drainage easement; THENCE, N. 29025' E., with the east line of said drainage easement, a distance of 479.28 feet to a point; TIES+ICE, N. 34037' E., still with the east line of said drainage easement, ht a ditance of 15-0 feet to a said s Saratoga Blvd., and in the south ic e city limits rig-of-way ine as covered f covered by said Annexation Ordinance No. 10681; THENCE, N. 61 031' W.2 with the south right -of -way line of said Saratoga Blvd. and with the south city limits line as covered by Annexation ordinance No. 10681, a distance of 110.63 feet to the point of beginning. CONTAINING 13.0 acres of land more or less. ?Nl a .-& IT IS AGREED by and between the parties hereto that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, Texas, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Ordinance No. 11139 of the City of Corpus Christi.(4), (5), (6) That all of the above conditions, shall be binding upon the successors and assigns of -Vie said Owners and each of them, and st:all constitute covenants running with t land. WITNESS OUR HANDS, this 7i'7 day of , 19z-�-. CITY OF CORP S CHRIS I, S By City Manager OWN (s) (•7) AA-� iow� (capacity) Address: �%a�c /066 (capacity). Address: �q ,/ pi, e Ati 7 . (capacity) Address: (capacity) Address: -?hlc 3 a.STO,QYL = NOTE: _ 7lls map draw ! %r Ai!/!ex oiion �urloose ATOGA jOa xIIWeo S G / °3 /•.E. 2 f rG�IJS ��c:� /y/7r1�'.X,•:f/'�'l/I � � Z ,cor s x L4 6•R. V � , Lor 3, �GOCK 3, CAB/4/v /5S iNlJUs7RlAG PARK _ ,pejerence.• Uo /ume A, PQye 18, /j1aP ,Qecords, do /ume 9-�9, Poye /23, Geed ,Qecords, .Uueces Coundy, Texos. O /00 'M .90o PA! 5Gb 600 C�ro/ohic Sco %!i! Fee/ Oo %• APri% 6, /9�3 /; z xi^ ! /G.v� OUfS � /52oy' s .•�' . ' i ;'; ti a y S� � � I •vr 4'j4 aaa� o� o° 2s2.oa ��•� . I !1 �•,��Z D0. q hx 3 1 0 W c so. NOTE: _ 7lls map draw ! %r Ai!/!ex oiion �urloose ATOGA jOa xIIWeo S G / °3 /•.E. 2 f rG�IJS ��c:� /y/7r1�'.X,•:f/'�'l/I � � Z ,cor s x L4 6•R. V � , Lor 3, �GOCK 3, CAB/4/v /5S iNlJUs7RlAG PARK _ ,pejerence.• Uo /ume A, PQye 18, /j1aP ,Qecords, do /ume 9-�9, Poye /23, Geed ,Qecords, .Uueces Coundy, Texos. O /00 'M .90o PA! 5Gb 600 C�ro/ohic Sco %!i! Fee/ Oo %• APri% 6, /9�3 /; z xi^ • Corpus Christi, Texas • day of , 19-1 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRIS ,/TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby � J_ James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nneces. Before me, the undersigned, a Notary Public, this day personally carne..___ .... . ...... — who being first duly sworn, according to law, says that he is the _...._C.la.s.P ...... A.dv-.--Mgr ................ .. . ...... . . ..... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of ak, of which the annexed is a true copy, was published in • on the.2.6.th day of_._._•U9Us.tL ........... 19-7•� , Richard D. Hardin, Class. Adv. Mgr. Subscribed and sworn to before me 197.3 Louise 7, r y