HomeMy WebLinkAbout12391 ORD - 12/11/1974JRR:jkh:hb:12 /11/74:1st •
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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;
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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;
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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
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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.
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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,
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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 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.
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