HomeMy WebLinkAbout11946 ORD - 03/13/1974, 10 JRR:jkh:hb:3 113/74:lst• •
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY
EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS
CHRISTI AND THE OWNERS OF FLYWAY SUBDIVISION UNIT 1,
A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS
REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, IN-
CLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HERE-
IN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF
A TRACT OF LAND, CONSISTING OF 39.45 ACRES OF LAND,
MORE OR LESS OUT OF LOTS 14, 15 AND 16, SECTION 5,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN
NUECES COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET
FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, First Savings Association is the owner in fee simple
of the hereinafter particularly described tract of land adjoining, con-
tiguous and adjacent to the City of Corpus Christi and wholly within
its extraterritorial jurisdiction; and
WHEREAS, the said owner is desirous of contracting with the
City for the annexation of said territory to the City of Corpus Christi;
and
WHEREAS, on February 27, 1974, a public hearing was duly held
at the Regular Meeting of the City Council, following publication of due
notice of said hearing in the official newspaper, pursuant to Art. 970a,
V.A.C.S., Texas, as amended, for the consideration of institution of pro-
ceedings for the annexation of a defined area wholly within the extra-
territorial jurisdiction of the City of Corpus Christi consisting of
39.45 acres, more or less, out of Lots 14, 15 and 16, Section 5. Flour
Bluff and Encinal Farm and Garden Tracts, Nueces County, Texas, all as is
more particularly descirbed by metes and bounds as hereinafter set forth,
at which all interested persons were afforded an opportunity to be heard,
and by motion duly made, seconded and carried the said hearing was closed
February 27, 1974; and
WHEREAS, it has been determined by the City Council that the
territory within said tracts of land, now proposed to be annexed, abuts
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and is contiguous and is adjacent to the City of Corpus Christi and
constitutes lands and territories subject to contractual annexation as
provided by the City Charter Article I, Section 2(c); and
WHEREAS, it has been determined that it would be advantageous
to the City and to its citizens and in the public interest to annex the
aforesaid land and territory hereinafter described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager of the City of Corpus Christi
is hereby authorized and directed to institute annexation by execution of a
contract between the City of Corpus Christi and the First Savings Association,
a true copy of which contract is attached hereto and by this reference
incorporated herein for all purposes, including exhibits thereto, as
though fully set forth herein, for annexation of land and territory described
as follows:
Being a 39,45 -acre tract of land out of Lots 14, 15, and
16, Section 5, Flour Bluff and Encinal Farm and Carden
Tracts,as shown by map of record in Volume A, page 43,
Map Records, Nueces County, Texas, said 39.45 -acre
tract of land being more particularly described by metes
and bounds as follows:
Beginning at the intersection of the existing Southeast
right -of -way line of 40 -foot wide Everhart Road, and
the Northeast right -of -way line of 40 -foot wide Snowgoose
Road (County Road No. 26 -A), said point being S. 61 °00'
45' E., 20.0 feet and N. 29° 01' E., 20.0 feet from the
most westerly corner of said Lot 16, for the most westerly
and beginning corner of the tract herein described;
Thence N. 29° 01' E., with the Southeast right -of -way
line of said Everhart Road, a distance of 1320.0 feet to
its intersection with the Northeast line of said Lot 16,
for the most northerly corner of the tract herein
described;
Thence S. 60° 58' 35" E., with the Northeast boundary
line of said Lots 16, 15, and 14, a distance of 1312.24
feet to a point the most easterly corner of the tract
herein described;
Thence S. 56° 11' 12" W., a distance of 256.83 feet to
a point for a corner of this tract;
Thence S. 25° 58' 35" E., a distance of 20.0 feet to a
point for a corner of this tract;
Thence S. 64° 01' 25" W., a distance of 165.0 feet to
a point for a corner of this tract;
Thence S. 25° 58' 35" E., a distance of 228.21 feet to a
point in the P.C. of a curve;
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Thence in a southeasterly direction, with the arc of
said curve to the left, whose central angle is 19° 28'
59" and whose radius is 298.58 feet, an arc distance
of 101.53 feet to the P.T. of said curve for a corner
of this tract;
Thence S. 44° 32' 23" W., a distance of 115.0 feet
to a point for a corner of this tract;
Thence in a Southeasterly direction with the arc of
a curve to the left whose central angle is 5° 05' 53"
and whose radius is 413.58 feet, an arc distance of
36.80 feet to a point for a corner of the tract herein
described;
Thence S. 38° 33' 05" W., a distance of 163.36 feet to
a point for a corner of the tract herein described;
Thence S. 43° 10' 22" E., a distance of 35.0 feet to a
Point for a corner of this tract;
Thence S. 29° 01' 25" W., a distance of 274.19 feet to
a point for a corner of this tract;
Thence N. 60° 58' 35" W., a distance of 25.0 feet to a
point for a corner of this tract;
Thence S. 29° 01' 25" W., a distance of 185.31 feet to
a point in the Northeast right -of -way line of said
Snowgoose Road for the most southerly corner of the
tract herein described;
Thence N. 61° 00' 45" W., with the Northeast right -of-
way line of said Snowgoose Road, a distance of 1381.68
feet to the point of beginning.
Containing 39.45 acres of land more or less.
The hereivabove described land, subject to execution of said contract, is
admitted into the City of Corpus Christi as an integral part thereof, said
territory to be hereafter a part of the City of Corpus Christi, subject
to the general laws of the State of Texas, the City Charter, and the
ordinances, resolutions, motions and regulations of the City of Corpus
Christi, Texas; said described territory shall hereafter bear its pro-
portionate share of the taxes levied by the City and the inhabitants of
such territory shall have the privileges and be subject to all the duties
of other inhabitants of the City of Corpus Christi, Texas.
SECTION 2. If for any reason any section, paragraph, sub-
division, clause, phrase, word, or provision of this ordinance shall be
held invalid or unconstitutional by final judgment of a court of competent
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jurisdiction it shall not affect any other section, paragraph, sub-
division, 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 fact that the above named owner desires to
immediately contract with the City for annexation and the City finds that
it is in the public interest to bring said territory into the corporate
limits as rapidly as possible creates a public emergency and an imperative
public necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall he passed finally on the date of its intro-
duction and that such ordinance or resolution shall be read at three
several meetings of the City Council, and the Mayor, having declared such
emergency and necessity to exist, having requested the suspension of the
Charter rule and that this ordinance take effect and be in full force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the
Ltday of March, 1974.
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LM CITY/5FRdkPUS CHRISTI, TEXAS
APPROVED:
43 #DAY OF MARCH, 1974:
4f� City Attorn
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) First Savings
Association
owner(s),
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 ('')and interests therein of all the following
described property located in(2) Nieces 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:
Being a 39,45 -acre tract of land out of Lots 14, 15,,and
16, Section 5, Flour Bluff and Encinal Farm and Garden
Tracts,as shown by map of record in Volume A, page 43,
Map, Records; Nueces County, Texas, said 39.45-acre
tract of land being more particularly described by metes
and bounds as follows:
Beginning at the intersection of the existing Southeast
right - of-way line of 40 -foot wide Everhart Road, and
the Northeast right- of-way line of 40 -foot wide Snowgoose
Road (County Road No. 26 -A), said point being S. 61 °00'
45' E., 20.0 feet and N. 29° 01' E., 20.O feet from the
most westerly corner of said Lot 16, for the most westerly
and beginning corner of the tract herein described;
Thence N. 29° 01' E., with the Southeast right- of-way
line of said Everhart Road, a distance of 1320.0 feet to
its intersection with the Northeast line of said Lot 16,
for the most northerly corner of the tract herein
described;
Thence S. 60° 58' 35" E., with the Northeast boundary
line of said Lots 16, 15, and 14, a distance of 1312.24
feet to a point the most easterly corner of the tract
herein described;
Thence S. 56° 11' 12" W., a distance of 256.83 feet to
a point for a corner of this tract;
Thence S. 25° 58' 35" E., a distance of 20.0 feet to a
point for a corner of this tract;
Thence S. 64° 01''25" W., a distance of 165.0 feet to
a point for a corner of this tract;
Thence S. 25° 58' 35" E., a distance of 228.21 feet to a
point in the P.C. of a curve;
Thence in a southeasterly direction, with the are of
said curve to the left, whose central angle is 19° 28'
59" and whose radius is 298.58 feet, an are distance
of 101.53 feet to the P.T. of said curve for a corner
of this tract;
Thence S. 44° 32' 23" W., a distance of 115.0 feet
to a point for a corner of this tract;
Thence in a Southeasterly direction with the arc of
a curve to the left whose central angle is 5° 05' 53"
and whose radius is 413.58 feet, an arc distance of
36.80 feet'to a point for a corner of the tract herein
described;
Thence S. 38° 33' OS" W., a distance of 163.36 feet to
a point for a corner of the tract herein described;
Thence S. 43° 10' 22" E., a distance of 35.0 feet to a
point for a corner of this tract;
Thence S. 29° 01' 25" W., a distance of 274.19 feet to
a point for a corner of this tract;
Thence N. 60° 58' 35" W., a distance of 25.0 feet to a
point for a corner of this tract;
Thence S. 29° 01' 25" W., a distance of 185.31 feet to
a point in the Northeast right- of-way line of said
Snowgoose Road for the most southerly corner of the
tract herein described;
Thence N. 61° 00' 45" W., with the Northeast right -of-
way line of said Snowgoose Road, a distance of 1381.68
feet to the point of beginning.
Containing 39.45 acres of land more or less.
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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 the said Owners and each of them,
and shall constitute covenants running with the land.
WITNESS WITNESS OUR HANDS, this day of /&11 i
CITY OF CORPUS CHRISTI, TEXAS
By
City Manager
ATTEST:
City Secretary
APPRO
City Att rney
ATTEST:
SECRETARY
OWNER(S) Q)
capacity)
Address:
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Corpus Christi, Texas
day of , 19�
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; 1, 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, I
1
MAYOR
THE CITY 0 ORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby.�
James T. Acuff
Rev. Harold T. Branch G(�
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez Q c1.Ci_
Gabe Lozano, Sr.
J. Howard Stark