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HomeMy WebLinkAbout12391 ORD - 12/11/1974JRR:jkh:hb:12 /11/74:1st • 0 1 . I . AN ORDINANCE ANNEXING AN 85.95 -ACRE TRACT OF LAND, BEING LOTS 5, 6, 7 and 8, SECTION 5, FLOUR BLUFF AND ENCTNAL FARM AND GARDEN TRACTS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(b), AND PROVIDING FOR ANNEXATION TO THE CITY OF CORPUS CHRISTI, TEXAS, A PORTION OF SOUTH STAPLES AND SARATOGA BLVD., 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. WHEREAS, on the 27th day of November, 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 institution of proceedings for the annexation of.a defined area wholly within the extraterritorial jurisdiction of Corpus Christi, in- cluding South Staples and Saratoga Boulevard, and a 75.26 -acre tract of land out of Lots 5, 6, 7 and 8, 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 November 27, 1974; 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: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to Article 970a, V.A.C.S., as amended, and City Charter Article I, Section 2(c), the contractual annexation of a portion of South Staples and Saratoga Boulevard, and a certain tract or parcel of land owned by Hulen Hunt, as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and said Hulen Hunt for said annexation, and the Council authorization thereof, is confirmed and acknowledged, said portion of South Staples and Saratoga Boulevard being designated hereinafter as Tract I,_aud the tract or parcel consisting of 75.26 acres of land, out of Lots 5, 6, 7 and 8, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, being designated as Tract II, are more fully 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 11, Lots 59 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 Rigbt -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 Saratoga Boulevard and South Staples Street, said intersection being the common corner of Sections 4, 12, 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° 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. 61° O1' W. a distance of 60.0 feet to a point on the Westerly Right -of -Way line of said South Staples Street; -2- TRACT I (Cont'd.) 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. 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 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. 340 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. TRACT II Being a tract of land out of Lots 5, 6, 7, and 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 mete$ 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 59 F. B.& E. F. & G. Tracts for the most Easterly and beginning corner of the herein described tract of land; -3- • • TRACT II (Cout'd.) 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 elong the Southerly Right -of -Way line of Saratoga Boulevard to the place of beginning and containing 75.266 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, sub- division, 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 here- after 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 -4- i • 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 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 4 day of December, 1974. ATTEST: ty Secretary MAYOR THE CITY OF CORPUS CHRISTI, APPROVED: DAY OF DECEMBER, 1974: JAW-W tkt' - U,M0. ASST., City Attorney STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS X COUNTY OF NOECES X THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between Hulen Hunt owner( a ) 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 Hight -of -Way limits of Saratoga Boulevard (State Highway No. 357) and South Staples Street and a portion Lots 229 23,'24, 25, Section 4, Lot 32, Section 12, Lot 1, Section 11, Lots 5, 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 , Irap Records, Nueces County, Texas, and more particularly described by metes and bounds as follow'§; 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' E. a distance of 230.0 feet and N. 29° 01' 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, 12, 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; TRACT I (cout'd.) Thence. S. 29° O1' 11. 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° 501 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° O1' 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 preseut 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-May 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 Bight -of -Way line of Saratoga Boulevard; Thence S. 34° 24' 42" E. a distance of 201.31 feet along the present City Limit Tine 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. -2- • • • TRACT II Being a tract of land out of Lots 5, 6, 7, and 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 mete$ 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; 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. 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, -3- 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 BANDS, this day of 19 CITY OF CORPUS CHRISTI, TEXAS By City Manager ATTEST: City Secretary APPROVED: City Attorney OWNER (S) (capacity) Address: ATTEST: Secretary i Corpus Christi, Texas �! y of , .—Z 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, TE 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 Li.by James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark .emu. _•• � 4 I • o b o _ • .,y� � '��. iIN � rya- : • $ Y Vi IN 1'Z y a all j qr _ sNt COMAI'MY CLUB err- _ - :w t... %�.<%f>r/ °o /'l/1. 60d�•g ` -- 52��1i °�9 `GS!0' ^'��( /ob\`•� r...i�. twt - .aa n. - µ?8 �•il�al�sl►Jr �L7�SP> As �� � •••_•• s. manes sr. N a 28 ° 59 w- //60.0' ••'�r3Q° ?4'42'x: 20/.5/':' - • . d/•P•%'33' /B °lY. 223.55=•. ' ��l S�J.P/ITOI/J�Gli/J �T .S STiIoL�S 57 . 5•c�� e = / b 400" 11,1a -74- 0..,& �XN � eir