HomeMy WebLinkAbout12390 ORD - 12/11/1974JRR:jkh:12- 11 -74; let •
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 HULEN HUNT, A TRUE COPY OF WICH IS
ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED
HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS
THOUGH FULLY SET FORTH HEREIN, AFTER.DUE NOTICE AND
HEARING, FOR THE ANNEXATION OF A PORTION OF SOUTH
STAPLES AND SARATOGA BOULEVARD AND A TRACT OF LAND
CONSISTING OF 75.26 ACRES OF LAND, MORE OR LESS, OUT OF
LOTS 5, 6, 7 AND 8, 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 JURUSDICTION OF
THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND
ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY.
WHEREAS, Hulen Hunt is the owner in fee simple of the herein-
after particularly described tract of land adjoining, contiguous and
adjacent to the City of Corpus Christi and wholly within its extraterri-
torial 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 November 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
proceedings for the annexation of a defined area wholly within the
extraterritorial jurisdiction of the City of Corpus Christi consisting of
a portion of South Staples and Saratoga Boulevard and a parcel or tract
of land consisting of 75.26 acres, more or less, out of Lots 5, 6, 7
and 8, Section 5, Flour Bluff & Encinal Farm & Garden Tracts, Nueces
County, Texas, all as is more particularly described 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 November 27, 1974; and
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WHEREAS, it has been determined by the City Council that the
territory within said tracts of land, now proposed to be annexed, abuts
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 Hulen Hunt, 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:
TRACT I'
Being a tract of land situated within the Right -of -Way
limits of Saratoga Boulevard (State Highway No. 357) and
South Staples Street and a portion Lots 22, 23, 24, 25,
Section 4, Lot.32, Section 12, Lot 1, Section 3-1, Lots
5, 6, 7, 8, Section 5, Flour Bluff and Encinal Farm and
Garden Tracts as shown by map of record in Volume A,
pages 41, 42 and 43 , Map Records, Nueces County,
Texas, and more particularly described by metes and
bounds as follows;
Beginning at a point on the Northerly Right -of -Way
line of said Saratoga Boulevard and the present City
Limits Line which bears S. 60° 59' L. "a distance of
230.0 feet and N. 29° O1' E. distance of 60.0 feet from
the centerline intersection of Saratoga Boulevard and
South Staples Street, said intersection being the
common corner of Sections 4, 129 11, and 5, Flour
Bluff and Encinal Farm and Garden Tracts for the
most Easterly and beginning corner of the herein
described tract of land;
Thence S. 29° O1' W. a distance of 120.0 feet to a
point on the Southerly Right -of -Way line of said
Saratoga Boulevard;
Thence S. 87° 33' i8" W. a distance of 223.55 along
the Southerly Right -of -Way line said Satatoga Boulevard
to a point for the intersection with South Staples Street
Sight -of -way line;
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Thence S. 28° 50' W. a distance of 1160 feet along
the Easterly Right -of -Way line of South Staples Street
to a point for the most Southeasterly corner of this
tract;
Thence N. 61° 01' W. a distance of 60.0 feet to a
point on the Westerly Right -of -Way line of said South
Staples Street;
Thence N. 28° 59' E. a distance of 1160.0 feet along
the Westerly Right -of -Way line of said South Staples
Street to a point for the intersection with the
Southerly Right -of -Way line of Saratoga Boulevard;
Thence N. 34° 28' 30" W. a distance of 223.56 feet
along the Southerly Right -of -Way line of said Saratoga
Boulevard to a point for an interior corner of this tract;
Thence N. 61° 02' 45" W. a distance of 2410 feet
along the Southerly Right -of -Way line of said Saratoga
Boulevard to a point on the present City Limit Line for
the most Westerly corner of this tract;
Thence N. 280 59' E. a distance of 120.0 feet to a
point on the Northerly Right -of -Way line of said
Saratoga Boulevard and the present City Limit Line;
Thence S. 61° 02' 45" E. a distance of 2410.0 feet
along the Northerly Right -of -Way line of said
Saratoga Boulevard and the present City Limit Line
to a point for an interior corner of this tract;
Thence S. 87° 36' 18" E..a distance of 201.29 feet
along the Northerly Right -of -Way line of said Saratoga
Boulevard and present City Limit Line to a point for
the intersection with the Westerly Right of -Way line
of said South Staples Street;
Thence S. 61° 02' 44" E. a distance of 100.08 feet along
the present City Limit Line to a point for the inter-
section of the Easterly Right -of -Way line of South
Staples Street and the Northerly Right -of -Way line
of Saratoga Boulevard;
Thence S. 34° 24' 42" E. a distance of 201.31 feet along
the present City Limit Line and the Northerly Right -of-
Way line of said Saratoga Boulevard to the place of
beginning and contain 10.684 acres of land more
or less.
TRACT II
Being a tract of land out of Lots 5, 69 7, and S.
Section 50-Flour Bluff and Encinal Farm and Garden
Tracts as shown by map of record in Volume A, pages
41, 42 and 43, Map Records, Nueces County, Texas, and
more particularly described by metes and bounds as
follows;
Beginning at a point on the Southerly Right -of -Way line
of Saratoga Boulevard (State Highway No. 357) at the
intersection of the Westerly Right -of -Way line of
South Staples Street, which point bears S. 28° 59' W.
a distance of 160.0 feet and N. 61° 02' 45" E. a distance of
30.0 feet from the most Easterly corner of said Section
5, F. B.& E. F. & G. Tracts for the most Easterly and
beginning corner of the herein described tract of land;
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Thence S. 28° 59' W. a distance of 1160.0 feet along
the Westerly Right —of —Way line of said South Staples
Street to a point for the most Southerly corner of this
tract;
Thence N. 61° 02' 45" W. a distance of 2610.0 feet
to a point on the present City Limit Line and being the
Southwest corner of said Lot 5, Section 5, F. B. & E. F.
& G. Tracts;
Thence N. 28° 59' E. a distance of 1260.0 feet along
the present City Limit Line to a point on the Southerly
Right —of —Way line of said Saratoga Boulevard for the
most Northerly corner of this tract;
Thence S. 61° 02' 45" E. a distance of 2410.0 feet
along the Southerly Right —of —Way line of said Saratoga
Boulevard to a point;
Thence S. 34° 28' 30" E. a distance of 223.56 feet
along the Southerly Right —of —Way line of Saratoga
Boulevard to the place of beginning and containing
75.266 acres of land more or less. r
Thehereinabove 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 proportionate 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, subdivi-
sion, 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 provisLon 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 be passed finally on the date of its introduction but
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 day of
December, 1974.
ATTEST:
Secrets
y ry MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
AP
DAY OF DECEMBER, 1974:
EVU, ASS4. City Attorney
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS I
COUNTY OF NOECES X
THIS CONTRACT AND AGREEMENT made and entered into in duplicate
originals by and between Hulen Hunt
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 Nueces County, Texas, adjacent to and
adjoining the corporate limits of the City of Corpus Christi, lying wholly
within the extraterritorial jurisdiction of said City and, in whole or In
part, within three hundred (300) feet of the City's present corporate
limits, generally delineated on the map attached hereto and marked
"Exhibit A ", and being more particularly described as follows, to -wit:
TRACT I
Being a tract of land situated within the Right- of-Way
limits of Saratoga Boulevard (State Highway No. 357) and
South Staples Street and a portion Lots 22, 2�, 24, 25,
Section 4, Lot 32, Section 12, Lot 1, Section 11, Lots
% 6, 79 8, Section 5, Flour Bluff and Encinal Farm and
Garden Tracts as shown by map of record in Volume A,
pages 41, 42 and 43 , Nap Records, Nueces County,
Texas, and more particularly described by metes and
bounds as follows;
Beginning at a point on the Northerly Right -of -Way
line of said Saratoga Boulevard and the present City
Limits Line which bears S. 60° 59' L. a distance of
230.0 feet and N. 29° 01' E. distance of 60.0 feet from
the centerline intersection of Sarataga.Boulevard and
South Staples Street, said intersection being the
common corner of Sections 4, 12, 11, and 5, Flour
Bluff and Eucinal Farm and Garden Tracts for the
most Easterly and beginning corner of the herein
described tract of land;
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TRACT I (cont'd.)
Thence S. 29° 01' W. a distance of 120.0 feet to a
point on the Southerly Right -of -Way line of said
Saratoga Boulevard;
Thence S. 87° 33' 18" W. a distance of 223.55 along
the Southerly Right -of -Way line said Satatoga Boulevard
to a point for the intersection with South Staples Street
Right -of -way line;
Thence S. 28° 50' W. a distance of 1160 feet along
the Easterly Right -of -Way line of South Staples Street
to a point for the most Southeasterly corner of this
tract;
Thence N. 610 01' W. a distance of 60.0 feet to a
point on the Westerly Right-of-Way line of said South.
Staples Street;
Thence N. 280 59' E. a distance of 3.160.0 feet along
the Westerly Right-of-Way line of said South Staples.
Street to a point for the intersection with the
Southerly Right -of -Way line of Saratoga Boulevard ;.
Thence N. 34° 28' 30" W. a distance of 223.56 feet
along the Southerly Right -of -Way line of said Saratoga
Boulevard to a point for an interior corner of this tract,
Thence N. 61° 02! 45" W. a distance of 2410 feet
along the Southerly Right -of -Way line of said Saratoga
Boulevard to a point on the present City Limit Line for
the most Westerly corner of this tract;
Thence N. 28° 59' E. a distance of 120.0 feet to a
point on the Northerly Right-of-Way line of said
Saratoga Boulevard and the present City Limit Line;
Thence S. 61° 02' 45" E. a distance of 2410.0 feet
along the Northerly Right -of- -Way line of said
Saratoga Boulevard and.the present City Limit Tine
to a point for an interior corner of this tract;
Thence S. 87° 36' 18" E. a distance of 201.29 feet
along the Northerly Right-of-way line of said Saratoga
Boulevard and present City Limit Line to a point for
the intersection with the Westerly Right of-Way line
of said South Staples Street;
Thence S. 61° 02' 44" E. a distance of 100.08 feet along
the present City Limit Line to a point for the inter-
section of the Easterly Right -of -Way line of South
Staples Street and the Northerly Bight -of -Way line
of Saratoga Boulevard;
Thence S. 34° 24' 42" E. a distance of 201.31 feet along
the present City Limit Line and the Northerly Right -of-
Way line of said Saratoga Boulevard to the place of
beginning and containing 10.684 acres of land more
or less.
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TRACT II
Being a tract of land out of Lots 5, 60 70 and 8,
Section 5, Flour Bluff and Encival Farm and Garden
Tracts as shown by map of record in Volume A, pages
41, 42 and 43, Map Records, Nueces County, Texas, and
more particularly described by metes and bounds as
,follows;
Beginning at a point on the Southerly Right-of-Way line
of Saratoga Boulevard (State Highway No. 357) at the
intersection of the Westerly Right -of Sfay Sine of
South Staples Street, which point bears S. 28° 59' W.
a distance of 160.0 feet and N. 61° 02' 45" E. a distance of
30.0 feet from the most Easterly corner of said Section
5, F. -B.6 E. F. & G, Tracts for the most Easterly and
beginning corner of the herein described tract of land;
Thence S. 28° 59' W. a distance of 1160,0 feet along
the Westerly Right -of -Way line of said South Staples
Street to a point for the most Southerly corner of this -
tract;
Thence N. 61° 02' 45" W. a distance of 2610.0 feet
to a point on the present City Limit Line and being the
'Southwest corner of said Lot 5, Section 5, F. B. fi E, F.
b G. Tracts;
Thence N. 28° 59' E. a distance of 1260.0 feet along
the present City Limit Line to a point on the Southerly
Right -o£ -Way line of said Saratoga Boulevard for the
most Northerly corner of this tract;
Thence S. 61° 02' 45" E. a distance of 2410.0 feet
along the Southerly Right -of -Way line of said Saratoga
Boulevard to a pbint;
Thence S. 34° 28' 30" E. a,distance of 223.56 feet
along the Southerly Right -of -Way line of Saratoga
Boulevard to the place of beginning and containing
75.266 acres of land more or less. I
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 ; and
That Owner further agrees that all rights, title and interest
he may own in that portion of Saratoga Boulevard and South Staples Street
and described as Tract I herein, by virtue of ownership of the abutting
Tract II, shall likewise be included within the corporate boundaries of
the City of Corpus Christi, Texas, and shall become a part thereof,
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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; and
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
OWNER (S)
(capacity)
Address:
ATTEST:
Secretary
•
Corpus Christi, Texas
_day of "Acl• , 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,
MAYOR
THE CITY OF CORPUS CHRISTI, 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
James T. Acuff
Rev.•Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
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