HomeMy WebLinkAbout11947 ORD - 03/13/1974JRR:jkh:3- 13 -74; 1st
AN ORDINANCE
ANNEXING A 39.45 -ACRE TRACT OF LAND, OUT OF LOTS
14, 15, AND 16, SECTION 5, FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, PURSUANT TO ARTICLE 970a,
V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE
I, SECTION 2(b)7 AND PROVIDING FOR ANNEXATION TO THE
CITY OF CORPUS CHRISTI, TEXAS, A PORTION OF EVERHART
ROAD AND SNOWGOOSE ROAD (COUNTY ROAD 26 -A), PURSUANT
TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND
CITY CHARTER ARTICLE I, SECTION 2(c), PROVIDING FOR
ANNEXATION OF ROADS, HIGHWAYS, AND STREETS ADJACENT
AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
SEAS, on the 27th day of February, 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
Article 970a, V.A.C.S., Texas, as amended, for the consideration of insti-
tution of proceedings for the annexation of a defined area wholly within the
extraterritorial jurisdiction of Corpus Christi, including Everhart Road
and Snowgoose Road (County Road 26 -A), and a 39.45 -acre tract of land out
of Lots 14, 15, and 16, Section 5, Flour Bluff and Encinal Farm and Garden
Tracts, 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 on February 27, 1914; and
WHEREAS, it has been determined by the City Council that the
territory above mentioned, and now proposed to be annexed, abuts and is
contiguous and is adjacent to the City of Corpus Christi and constitutes
lands and territories used for public purposes and which is owned by any
governmental subdivision, or dedicated to a public use within the meaning of
City Charter, Article I, Section 2(c), and also lands and territories subject
to contractual annexation as provided by the City Charter Article I,
Section 2(b); and
WHEREAS, owners of a portion of the above lands are desirous
of contracting with the City for the annexation of said territory to the
City of Corpus Christi; 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
area hereinafter more fully described:
11947
0
•
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The contractual annexation of Flyway Subdivision Unit I,
owned by First Savings Association, as set forth in Exhibit "A" attached,
being a copy of annexation contract between the City of Corpus Christi and
First Savings Association for said annexation, and the Council authorization
thereof is confirmed and acknowledged, said tract or parcel 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, more fully 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 Garden
Tracts,as shown by map of record in Vo1ume'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° O1' 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 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;
-2-
i
•
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,
and annexing a portion of Everhart Road and Snowgoose Road (County Road 26 -A)
in Nueces County, Texas, pursuant to Article 970a, V.A.C.S., as amended, and
City Charter Article I, Section 2(c), said area being more fully described
as follows:
Being a 1.73 acre tract of land out of Lot 10, Oso Farm
Tracts, recorded in Volume A, page 49, Map Records, Nueces
County, Texas, out of Lot 2, Section 11, Bohemian Colony
Lands, recorded in Volume A, page 48, and out of Lots
14, 15, 16, 17, 18 and 19, Section 5, Flour Bluff and
Encinal Farm and Garden Tracts, as recorded in Volume A,
page 43, Map Records, Nueces County, Texas, and being
that area occupied by a portion of Everhart Road, and
Snowgoose Road (County Road No. 26 -A) and being more
particularly described by metes and bounds as follows:
Beginning at the intersection of the northwest right -of-
way line of 40 -foot wide Everhart Road and the South-
west right -of -way line of 40 -foot wide Snowgoose Road,
said point being S. 29° 01' W., 20.0 feet and N. 60° 58'
35" W., 20.0 feet from the common corner of said Lot 2,
Section 11, Bohemian Colony Lands, Lot 10, Oso Farm
Tracts, and Lots 16 and 17, Section 5, Flour Bluff and
Encinal Farm and Garden Tracts for the most westerly and
beginning corner of the tract herein described;
Thence N. 29° 01' E., with the northwest right -of -way line
of said Everhart'Road, a distance of 336.25 feet to a point
in the present city limits line of the City of Corpus
Christi, according to Ordinance No. 10681 for the most
northerly corner of the tract herein described;
-3-
Thence S. 60° 58' 35" E., across said Everhart Road, and
with the present City limits of the City of Corpus
Christi according to said Ordinance, a distance of 40.0
feet to a point in the southeast right -of -way line of
said Everhart Road;
Thence S. 29° 01' If., with the southeast right- of-way
line of said Everhart, a distance of 460.0 feet to its
point of intersection with the northeast right -of -way
line of said Snowgoose Road for a corner of this tract;
Thence S. 60° 58' 35" E., with the northeast right -of -way
line of said Snowgoose Road, a distance of 1381.68 feet
for the most easterly corner of the tract herein descr#ed;
Thence S. 29° 01' W., across said Snowgoose Road, a dis-
tance of 40.0 feet to a point in the southwest rigbt -of -way
line of said Snowgoose Road for a corner of the tract herein
described;
Thence N. 60° 58' 35" W., with the southwest right -of-
way line of said Snowgoose Road, a distance of 1421.68
feet to the point of beginning.
Containing 1.73 acres of land more or less.
The above-described areas 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 and the ordinances, resolution,
laws, rules and regulations 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
-4-
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 suspen-
sion of the Charter rule and that this ordinance be passed finally on the
date of its introduction and take effect and be in full force and effect
from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /3�
day of March, 1974.
ATTEST-
City Secr t
APPRO
DAY OF MARCH, 197
City Attorne
MAYOR
THE CITY 0 0 CHRISTI, TEXAS
STANDARD FOR24 APNEXATION 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
owners ,
hereinafter called "OWNER(S) ", and TEE 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 therein of all the following
described property located in(2) Nueces 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 oii 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,.aud
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
rigbt -of -way line of 40 -foot wide Everhart Road,'and
the Northeast right-of-way line of 40 -foot wide Suowgoose
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 soutbeasterly 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 is a Southeasterly direction with the aic 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 -sway 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-
-2—
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 OUR HANDS, this day of
19
CITY OF CORPUS CHRISTI, TEXAS
By —
City Manager
ATTEST:
City Secretary
APPROVED:
City Attorney
ATTEST:
CRETARY
OWNER (S)(7.)
(capacity)
Address:
r,
i
0
Q
0
Oc
✓�A.QATOGA .9LdD.
!o// Lo/ 2 401 -4 /a/ 4
Annexed 6y Ord A/0. leaai
L,11
scc. /r
Im"Wc
OmIsidC
Lo/ /9
SNOW�i005E
POAO
(COUNTY QO. A&
26 -AJ
ti
o
/
P/o aced f/Bnexo /,o�
/ . !� Y•rssv-
� -L. ogss•
/✓� 6/ ° 00'Q5 6.
S AB'i6YOS a/ /G9$G'
S29'0/'gorvv
09
874./9'
L,11
scc. /r
Im"Wc
OmIsidC
Lo/ /9
•
.s�o %. /•;,300
•
SNOW�i005E
POAO
(COUNTY QO. A&
26 -AJ
•
.s�o %. /•;,300
•
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; 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,
G%La MAYOR S
v/J THE CITY OF COR�U3 STI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff G
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 '.LL a
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, t8s.
County of Nueces. j *
Before me, the undersigned, a Notary Public, this day personally came ........ . .. . ..... . ... . ...
....... . .... . .......... . ...... — who being first duly sworn, according to law, says that he is the
q si.ar . . ...........
Lly—�L. pf-r-.Y.L of the Corpus Christi Caller and The Corpus Christi Times,
Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
Le,zal ... 'Jotice—liotice of...2qsgja�L of ordinance no. L[
. ...... . .. .... . ....
of which the annexed is a true copy, was published in Times .. . ..... ......
on the.. );LtAay of --- - --- kLa nc—h —.-. 19-IL,
�
L4-0-yse—vick, ClaK-.' A v. 11 up r, � .9 or
Subscribed and sworn to before me this - .....mod- ......day of._....._ A=12 ....................... — 19-3L--
Kenneth Holt.._
Notary Public, Nueces County, Texas
4 j
4A—L N0. '9
A 39.Z -ACHE
OUf O FLCIS
SECTION
EWINAL f-AF
eNev Yraal OM after Sts Nos ggee d
publlMtan d fiat a pemlry far
talatlon atoll b¢ a Nre of rM ¢x.
edla9 Two Huntlred (37➢D.00) Dol
Mrs.
'ISSUED SEAL UNDER Mf HAND Ml,
SEAL of the Pry of C9ry�s Oha15Tl,
'Texas, Inls 14'h daY I Marti,
91E.
(51 T. ntyo RING, City ,IlcT arY
ISEALI W�pus Qrtlstl, Texan
PUBLISHER"b AFFIDAVTI°
STATE OF TEXAS,
County of Nueces.
Before me, the undersigned, a Notary Public this day personally came-_....- _---- _____ ---- _----
_ ............. who being first duly sworn, according to law, says that he is the
, .................. _................. 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
_ T: P. S. al_. �otie_�__�-_.1AS,1G.e._Qf_�1_�. 1�ra. Tins ._a�xrr..e�3.osa.�•.- •__.____._
published in _____ Tir e.s____ _....._._-___ -....
of which the annexed is a true copy. was Pub ._...__..__.
U y 1r 19_44. aaxlw= - _..__ -___ .__.____thegg�f A • -- — _._.._ __
on the �-- .:._.�da of._...._�el�.rwa�,••-- -• -• -•
,..n�rarntdae
-----------
1.____..Times.
M
�• - -- - -"'- Richard D. Hardin, Class. A d v. fir.
Subscribed and sworn to before me this RLt.b. -_-day of_-. _.- F- abr_uar_y.- _ ..............
Louise Vic. -___�Pblii�
County, Texas
- roar' -R d2'lr� fie felh _ --
described cv
Thence s. EO dearees W 35" E„ with
in
16. Nortleest EoanderY in 1 If Bald Lots
to a mIM n. mold naslerlv3cornaer of
tlielraclherelndescrlded;
Thence s. sb aeorees n• f2^ w..
dl5.rofaf 556eB3tfeel to a PaIM IPr e,
�I distances of X150 fenf to eB P01n1 for a
c r of this trecl;
Thence s. !i9 decrees 11' 25" W.. a
dl5tance of 15.0 legit to a Pint far a
mrrer al hence thla tract;
T s. 35 decrees SA' 35" E., a'
dlsiance Of 24.71 Isel to a Point In the
�I P.0 Oldclrtve;
Thence In a southeasterly direction.
IN the arc al Sold curve le l� lelt.
sNSOSe central a ele Is 19 d5 erees
59" en0 whose redlus Is NB. -B legit, eri
Thence S. u decrees 3Y 33" W.. a
dish of Nlslfe0`eal to a ^pint for e
TMnce In a Soulheastelly tllrecllan
I wlm Ue arc Ol starve la llm tell ^hose
Irel en4le Is 5 decrees 05' S3" and'
whose retllas x13.50 legit,
dl Stance of 7x.80 bet to a point forte
corner of malracl herein de-.IClloed:
� 10' 32" E., a
.a a point for a
Is of u" W., a
to a Paint for a
es SB' 35" W., a
to a aoinl far a
ss OT' 35" W., a
t:onV lnlnc 39.x5 ecrss of Tend more or
less.
BY dlrectlan of tr. Cllr Council, this
'I de 15davol February. 1971.
T. RAY KRING, Clty Secretary
CIW al Corpus Chrbll
b
Y