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HomeMy WebLinkAbout13469 ORD - 11/03/1976JKH:vp:11-5 -76 i AN ORDINANCE 1' RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXA- ' TION OF THE PROPERTY AS SHOWN IN EXHIBIT "A" AT�ACHED HERETO, CONSISTING OF 27.959 ACRES OF LAND, MORE OR LESS, OUT OF AN 81.94 ACRE TRACT AND AN 82.38iACRE TRACT, BOTH OUT OF THE B.S. & F. SURVEY 419,jABSTRACT 570, AND BOTH DESCRIBED BY DEED IN VOLUME 589, PAGE 3 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS; IN NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH ;N THE CON- TRACT BETWEEN THE CITY OF CORPUS CHRISTI ANb H.E.R. DEVELOPMENT COMPANY, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; PROVIDING SEVERABILITY; AND D^CLARING AN EMERGENCY. • 1 BE IT ORDAINED BY THE CITY COUNCIL OF THEICITY OF CORPUS CHRISTI, i TEXAS: f t SECTION 1. That the contractu&1 annexation of Castle River r Subdivision Unit I, owned by H.E.R. Development Company, as set forth in Exhibit "A" attached, being a copy of annexation' contract between the City t } of Corpus Christi and H.E.R. Development eOmpany'for said annexation, and t the Council authorization thereof is confi�rmed and acknowledged, said tract L � or parcel being a 27.959 acre tract or par el of land, more particularly described as follows: Being 27.959 acres of land, morelor- Tess, out of an 81.94 acre tract and an 82.38 acre tract, both out of B.S.& F. Survey 419, Abstract 570, and both described by deed in Volume 589, Page 3, Deed RecordsrOf Nueces County, Texas, and more particularly described by mites and bounds as follows: fi f Beginning at a point on the Westr:ght -of -way line of McKinzie Road, said point being t+h�,- Southeast corner of Lot 5, Riverview Estates, as shc3 by map of record in Volume 34, Page 115, Map Records of Nueces County, Texas; Thence N. 90 00' 00" E. along the West right -of -way line of said McKinzie 13oad a. distance of 45.57 feet to the P.C. of a circular curve to the left; Thence continue along the West`right -of -way line of said McKinzie Road on the arc of said curve whose central angle is 250 37' 32 ", radius of 1,5:5.12 feet, tangent of 349.13 feet, a distance of 686.58 feet to a point for the begin- ning point of the tract of land herein described; Thence continue along the Southwesterly right -of -way line of said McKinzie goad on the arc of a circular curve to the left with a radial bearing of S. 730 31' 53" W., whose central angle is 7° 23' 36 ", radius of 1535.12 feet, tangent of 99.18 feet, a distance of 198.09 feet to the point of compounding of a compound curve to the left; RICROFILRRD AN3.Q1980 x.3469 Thence continue along the Southwest right -of -way line of said McKinzie Road with the arc of said curve with a tangent bearing of N. 230 51' 53" W., whose central angle is 28° 40' 02 ", radius 702.59 feet, tangent 179.53 feet, a distance of 351.53 feet to a point; Thence N. 37° 28' 15" E. a distance of 60.0 feet to a point for the P.C. of a circular curve to the left; Thence with the arc of said curve whose central angle is 10° 47' 59 ", radius 762.59 feet, tangent 143.74 feet, a distance of 72.08 feet to a point; Thence N. 740 54' 15" W. a distance of 21.50 feet to a point; Thence N. 260 O8' 10" E. a distance of 295.00 feet to a point; Thence S. 640 09' 35" E. a distance of 266.95 feet to a point for the P.C. of a curve to the left; Thence with the arc of said curve with a tangent bearing of N. 25° 50' 25" E. whose central angle is 80 34' 29 ", radius 1090.0 feet, tangent 81.72 feet, a distance of 163.13 feet; Thence S. 720 44' 04" E. a distance of 331.88 feet to a point; Thence S. 600 37' 18" E. a distance 430.70 feet to a point Thence S. 000 41' 10" E. a distance of 1392.00 feet to a point on the North right -of -way line of McKinzie Lane; Thence N. 800 00' 15" W. along the North right -of -way line of said McKinzie Lane a distance of 658.64 feet to a point, said point being the intersection of the North right -of -way line of said McKinzie Lane and the East right -of -way line of abovementioned McKinzie Road; Thence N. 90 00' E. along the East right -of -way line of said McKinzie Road a distance of 9.85 feet to the P.C. of a curve to the left; Thence along the East right -of -way line of said McKinzie Road on the arc of said curve whose central angle is 25° 37' 18 ", radius 1595.12 feet, tangent 362.72 feet, a distance of 713.31 feet to a point; Thence S. 730 31' 53" W. along the radial line, across said McKinzie Road a distance of 60.0 feet to the place of begin- ning and containing 27.959 acres of land, more or less. The above described area shall hereafter, effective January 12, 1977, 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, resolutions, 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. -2- 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 annex to the City of Corpus Christi the aforesaid lands and to declare that they shall 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 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, and 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 day of November, 1976. ATTEST: TA City Secretary MAYOR Pro -= THE CITY OF C9PUS CHRISTI, TEXAS APPROVED: DAY OF NOVEMBER, 1976: J. BRUCE AYCOCK, CITY ATTORNEY - AAA -- BY: Wilez- Assistant City to hey STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between H.E.R. DEVELOPMENT COMPANY, hereinafter called "OWNER ", 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 juris- diction 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 27.959 acres of land, more or less, out of an 81.94 acre tract and an 82.38 acre tract, both out of B.S.& F. Survey 419, Abstract 570, and both described by deed in Volume 589, Page 3, Deed Records of Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the West right -of -way line of McKinzie Road, said point being the Southeast corner of Lot 5, Riverview Estates, as shown by map of record in Volume 34, Page 115, Map Records of Nueces County, Texas; Thence N. 9° 00' 00" E. along the West right -of -way line of said McKinzie Road a distance of 45.57 feet to the P.C. of a circular curve to the left; Thence continue along the West right -o£ -way line of said McKinzie Road on the arc of said curve whose central angle is 25° 37' 32 ", radius of 1535.12 feet, tangent of 349.13 feet, a distance of 686.58 feet to a point for the begin- ning point of the tract of land herein described; Thence continue along the Southwesterly right -of -way line of said McKinzie Road on the are of a circular curve to the left with a radial bearing of S. 73° 31' 53" W., whose central angle is 70 23' 36 ", radius of 1535.12'feet, tangent of 99.18 feet; a distance of 198.09 feet to the point of compounding of a compound curve to the left; Thence continue along the Southwest right -of -way line of said McKinzie Road with the arc of said curve with a tangent bearing of N. 230 51' 53" W., whose central angle is 28° 40' 02 ", radius 702.59 feet, tangent 179.53 feet, a distance of 351.53 feet to a point; Thence N. 37° 28' 15" E. along the radial line, a distance of 60.0 feet to a point for the P.C. of a circular curve to the left; Thence with the arc of said curve whose central angle is 100 47' S9 ", radius 762.59 feet, tangent 143.74 feet, a distance of 72.08 feet to a point; Thence N. 740 54' 15" W. a distance of 21.50 feet to a point; Thence N. 261 08' 10" E. a distance of 295.00 feet to a point; Thence S. 64° 09' 35" E. a distance of 266.95 feet to a point for the P.C. of a curve to the left; Thence with the are of said curve with a tangent bearing of N. 250 50' 25" E. whose central angle is 80 34' 29 ", radius 1090.0 feet, tangent 81.72 feet, a distance of 163.13 feet; t Thence S. 720 44' 04" E. a distance of 331.88 feet Ito a point; Thence S. 60° 37' 18" E." a distance 430.70 feet to a point in the present City limit line; Thence S. 00° 41' 10" E. along the present City limit line, a distance of 1392.00 feet to a point on the North right -of -way line of McKinzie Lane; Thence N. 80° 00' 15" W. along the North right -of -way line of said McKinzie Lane a distance of 658.64 feet to a point, said point being the intersection of the North right -of -way line of said McKinzie Lane and the East right -of -way line of abovementioned McKinzie Road; Thence N. 90 00' E. along the East right -of -way line of said McKinzie Road a distance of 9.85 feet to the P.C. of a curve to the left; Thence along the East right -of -way line of said McKinzie Road on the arc of said curve whose central angle is 250 37' 18 ", radius 1595.12 feet, tangent 362.72 feet, a distance of 713.31 feet to a point; C Thence S. 73° 31' 53" W. along the radial line, across said McKinzie Road a distance of 60.0 feet to the place of begin- ning and containing 27.959 acres of land, 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 bounda- ries of the City of Corpus'Christi, Texas, effective January 12, 1977, and shall become a part thereof, subject to the terms of Article I, Section 2 of -2- 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, this day of 1976. ATTEST: City Secretary APPROVED: DAY OF 1976: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney ATTEST: CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager H. E. R. DEVELOPMENT COMPANY By Secretary President THE STATE OF TEXAS COUNTY OF NUECES 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 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 1976: Notary Public in and for Nueces County, Texas -3- THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared of H. E. R. Development Company, 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 > 1976. Notary Fublic in and for Nueces County, Texas 7 21 0 4,w ---ry a-f CIA. j 0 i� fo 20 c LOCATION MAP X., r° u/r s r- ,,.F�. ft CUAVE DATA J -6- 2 �f- . ��- u r - -�.2 7; 12 7- iN Z IE ROAD 0 J1 wz: 0 77- 7' "g- 7'-riW- 0,9 < IVO I., RODl, AT ALL 53 414 or Ak�ele 11 11A PHIC 5"tr 1,cr MAY I 11976 - - - L-1 CI Y m (AIRpus CHI t1511 PLAT OF CASTLE RIVER UNIT I TRACT AND AN 8236 ACRE TRACT, BOTH OUT OF a 5 ar SURVEY 419, KING 27951.) ACRLS OF L4ND.MORE OFF LESS•OLIT OF AN 8194 ACRE A BS I RA T510,AN(IBOTIIUCSCRIFIECOYE)EEDItIVOLLIMES09,PAGI 3 OF THFULD RECORDS or Wfft�� COIINTY.TFkAS CORPUS CHRISTI, TEXAS ,� / 210 AT OF • vwi /1.((f� a 9--Le 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 3U3PEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT 13 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 TH13 ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, MAYOR Pto em THE CITY OF CORPUS C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY T FOLLOWING VOTE: JA30N LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY TN OLLOWING VOTE: JA30N LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE' t. Vl Jae T �-v