HomeMy WebLinkAbout12903 ORD - 11/12/1975JKH:hb:llfx %75:lst
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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 II,
A TRUE COPY OF WHICH 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 ANNEX-
ATION OF A TRACT OF LAND, CONSISTING OF 38.207 ACRES
OF LAND, MORE OR LESS, OUT OF LOTS 13, 14, AND 15,
SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, IN NUECES COUNTY, TEXAS, AND A PORTION OF
COUNTY ROAD 26A,ALL AS IS MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING
ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRA-
TERRITORIAL 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,
contiguous 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 November 5, 1975, 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 extra-
territorial jurisdiction of the City of Corpus Christi consisting of
38.207 acres, more or less out of Lots 139 14, and 15, Section 5, Flour
Bluff and Encival Farm and Garden Tracts, Nueces County, Texas, and a
portion of County Road 26A, 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 59 1975; and
WHEREAS9 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 laud and territory hereinafter described:
NOW, THEREFORE, BE IT OMMIN0 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:
(TRACT 1)
BEING a portion of Lots 13, 14 and 15, Section 5, Flour Bluff and
Encinal Farm and Garden Tracts as recorded in Plat Book "A ", Pages 41, 42
and 43, Map Records of Nueces County, Texas, being more particularly des-
cribed by metes and bounds as follows:
BEGINNING at a point in the present City Limits line, said point
being the most southerly corner of Lot 1, Block 9, Flyway, Unit 1, as
recorded in Volume 41, Page 78 and 79, Map Records of Nueces County, Texas;
THENCE along the various courses of the east line of said Flyway,
Unit 1, and the present City Limits line, N. 29001125" E. 175.31 feet to a
point; thence, S. 60058'35 "E. 25 feet to a point; thence N.29001'25 "E. 274.19
feet to a point; thence N.43010' 22 "W. 35 feet to a point; thence N.38033'05"
E. 163.36 feet to a point; thence in a northwesterly direction with the arc
of a circular curve to the right whose central angle is 5005'53 ", Radius
413.58 feet, Tangent 18.41 feet and whose Tangent bears N.50033'30 "W., an
arc distance of 36.80 feet; thence N.44032'23 "E. 115 feet to a point;
thence in a northwesterly direction, with the are of a circular curve to. the
right, whose central angle is 19028'59 ", Radius 298.58 feet, Tangent 51.25
feet and whose Tangent bears H.48027'34 "W., an arc distance of 101.53 feet
to a point; thence N.25058'35 "W. 228.21 feet to a point; thence N.64001'25"
E. 165 feet to a point; thence N.25058135 "W. 20 feet to a point, thence N.
56011'21 "E. 256.83 feet to the most easterly corner of Lot 1, Block 2 of
said Flyway, Unit 1;
THENCE S.60058'35 "E., along the northeast line of Lots 14 and 13.
Section 5, Flour Bluff and Encinal Farm and Garden Tracts and the southwest
line of Country Club Estates Villa, Unit 1, a distance of 1314.03 feet to
the northeast corner of said Lot 13;
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THENCE S.29001' w., along the southeast line of said Lot 13, a
distance of 1298.72 feet to a point;
THENCE N.61000'45 "W., along a line that is parallel to and 30 feet
northeast of the southwest line of said Lots 13 and 14, a distance of 1245.12
feet to the place of beginning and containing 38.207 acres more or less.
and a portion of County Road 26A ddscribed as follows:
(TRACT 2)
BEING a 50 foot wide strip of land out of Lots 13, 14, 19 and 20
along the common boundary line between Lots 13 and 14 and Lots 19 and 20.
Section 5, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Plat
Book 'W', Pages 41, 42 and 43, Map Records of Nueces County, Texas, being more
particularly described by metes and bounds as follows:
BEGINNING at a point iii the present City Limits Line, said point
being the most southerly corner of Lot 1, Block 9, Flyway, Unit 1,, as recorded
in. Volume 41, Pages 78 and 79, Map Records of Nueces County, Texas;
THENCE S.61000'45 "E., along a line that is parallel to and 30
feet northeast of the southwest line of said Lots 13 and 14, a distance of
1245.12 feet, to a point in the southeast line of said Lot 13;
THENCE S.20011W. along the southeast line of said Lots 13 and
20, at 30 feet pass the southeast corner of said Lot 13; -in . total, a distances of
50'feet to a point;
THENCE N.61o00'45 "W. along a line that is parallel to and 20 feet
southwest of the southwest line of said Lots 13 and 14, a distance of 1245.12
feet to a point;
THENCE 14.29°01'25 "E., a distance of-50 feet to the place of
beginning and containing 1.429 acres more or less.
The hereinabove 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.
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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, 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 be passed finally on the date of its intro-
duction 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 fu11 force and
effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the
Z-1,--day of November, 1975.
ATTEST:
//�
C Secre ary` ��F--
/APPROVED:
/ /- DAY OF NOVEMBER, 1975:
i �Q s
,rCity Attorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
11/5/75
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 FIRST SAVINGS ASSOCIATION
hereinafter called "Oi,M(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 cor-
porate 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:
BEING a portion of Lots 13, 14 and 15, Section 5, Flour Bluff and
Encinal Farm'and Garden Tracts as recorded in Plat Book "A ", Pages 41, 42
and 43, Map Records of Nueces County, Texas, being more particularly des-
cribed by metes and bounds as follows:
BEGINNING at a point in the present City Limits line, said point
being the most southerly corner of Lot 1, Block 9, Flyway, Unit 1, as
recorded in Volume 41, Page 78 and 79, Map Records of Nueces County, Texas;
THENCE along the various courses of the east line of said Flyway,
Unit. l,. and the present City Limits line, N. 29001'25" E. 175.31 feet to a
point; thence, S. 60058'35 "E. 25 feet to a point; thence X.29001'25 "E. 274.19
feet to a point; thence N.43010' 22 "W. 35 feet to a point; thence N.38033'05"
E. 163.36 feet to a point; thence in a northwesterly direction with the are
of a circular curve to the right whose central angle is 5005'53 ", Radius
413.58 feet, Tangent 18.41 feet and whose Tangent bears N.50033'30 "W., an
are distance of 36.80 feet; thence N.44 032'23 "E. 115 feet to a point;
thence in a northwesterly direction, with the arc of a circular curve to the
right, whose central angle is 19028'59 ", Radius 298.58 feet, Tangent 51.25
feet and whose Tangent bears X.48027'34 "W., an arc distance of 101.53 feet
to a point; thence N.25058'35 "W. 228.21 feet to a point; 'thence N.64001'25"
E. 165 feet to a point; thence X.25058'35 "W. 20 feet to a point, thence N.
56011'21 "E. 256.83 feet to the most easterly corner of Lot 1, Block 2 of
said Flyway, Unit 1;
THENCE S.60058135 "E., along the northeast line of Lots 14 and 13,
Section 5, Flour Bluff and Encinal Farm and Garden Tracts and the southwest
line of Country Club Estates Villa, Unit 1, a distance of 1314.03 feet to
the northeast corner of said Lot 13;
THENCE S.29001' w., along the southeast line of said Lot 13, a
distance of 1298.72 feet to a point;
THENCE N.61o00'45 "W., along a line that is parallel to and 30 feet
northeast of the southwest line of said Lots 13 and 14, a distance of 1245.12
feet to the place of beginning and containing 38.207 acres more or less.
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.
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, thieL. day of , 1975.
ATTEST:
City Secretary
APPROVED:
DAY OF , 1975:
City Attorney
ATTEST:
SECRETARY
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
FIRST SAVINGS ASSOCIATION
By
President
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day personally
appeared R. MARVIN TOWNSEND, City Manager of the City of Corpus Christi,
known to me to be the person whose name is subscribed to the foregoing
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contract and stated to me that he signed the foregoing contract for the
purposes and consideration therein stated and in the capacity therein
stated.
SUBSCRIBED AND SWORN TO BEFORE ME, this the day of
1975.
THE STATE OF TEXAS X
COUNTY OF NUECES X
appeared
Notary Public in and for Nueces County,
Texas
BEFORE ME, the undersigned authority, on this day personally
President of First
Savings Assoc3atioa, known to me to be the person whose name is subscribed
to the foregoing contract and stated to me that he signed the foregoing
contract for the purposes and consideration therein stated and in the
capacity therein stated.
SUBSCRIBED AND SWORN TO BEFORE ME this the day of
, 1975.
Notary Public in and for Nueces County,
Texas
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CORPUS CHRISTI, TEXAS
/ DAY OF -,MVgj i 1911
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 SMALL 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,
MAYOR
THE CIlY OF CORPUS CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
JASON LUBY 611 2-
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOBGULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
l
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
JAsoN LueY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE