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)
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•
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,
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