HomeMy WebLinkAbout13970 ORD - 10/05/1977jkh:10- 4- 77;lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO INSTI-
TUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN
THE CITY OF CORPUS CHRISTI AND JERRY BESHEARS DBA'
JACKBUCK ENTERPRISES, 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 ANNEXATION OF CERTAIN TRACTS OR PARCELS OF LAND,
CONSISTING OF 2.0 ACRES, MORE OR LESS, OUT OF TRACT 7,
WM. J. ROBERTSON FARM TRACTS, AS SHOWN,BY MAP OF RECORD
IN VOLUME 39, PAGES 114 =115, MAP RECORDS, NUECES COUNTY,
..TEXAS. PROPOSED TO BE REPLATTED AS LOTS 1 AND 2, DELTA
ACRES SUBDIVISION, AND A PORTION OF SARATOGA BOULEVARD,
ALL AS IS MORE FULLY DESCRIBED BY METES AND BOUNDS,
AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO
LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION
OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND
ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY..•
WHEREAS, Jerry Beshears dba Jackbuck Enterprises, is the owner
y in fee simple of the hereinafter particularly described tracts of land
re Y
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 September 21, 1977, a public hearing,was duly held
t i y.% •
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 annexatiom of a defined area wholly within the extra-
territorial jurisdiction of the 'City of Corpus Christi consisting of 2.0
acres, more or less, out of Tract 7, Wm. J. Robertson Farm Tracts as shown
by map of record in Volume 3, page 31, Map Records of Nueces County, Texas,
and a portion of Saratoga Boulevard, 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,
t
seconded and carried the said hearing was closed September 21, 1977; and
WHEREAS, it has been determined by the City Council that the
territory within said tracts of land, now proposed to be annexed, abuts
k MICROFILMED
,13970, A U L 0' 7 980
and is contiguous and is adjacent to the City of Corpus Christi and consti-
tutes 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 Cfty of Corpus Christi
is hereby authorized and directed to institute annexation by execution
of a contract between the City of Corpus Christi and Jerry Bes hears dba
Jackbuck Enterprises, 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 rectangular shaped tract of land out of Tract 7, Wm. J.
Robertson Farm Tracts as shown by map of record in Volume 3, Page 31,
Map Records, Nueces County, Texas, and more particularly described by
metes and bounds as follows:
Beginning at a point on the southwest right- of-way line of 120.0 foot wide
Saratoga Boulevard, said point being a corner in the present City Limit
line and also the most easterly corner of Lot 1, Block 7,- Robertson's Farm
Tract as shown by map of record in Volume 39, Pages 114 -115, Map Records,
Nueces County, Texas; -
Thence S.610.13' 15" E_ along the southwest right- of-way line of said
Saratoga Boulevard with the present City Limit line a distance of 362.98 -
feet to a point, said point being the beginning corner of the tract of land
herein described; -
Thence continue S. 610 13' 15" E. along the southwest right- of-way line
of said Saratoga Boulevard with the present City Limit line a distance of
172.0 feet to a point;
Thence S. 290 10' 43" W. a distance of 253.26.feet to a point for the most
southerly corner of this tract;
Thence N. 610 13' 15" W. a distance of 172.0 feet to a point;
Thence N. 290 10' 43" E. a distance of 253.26 feet to the place of beginning
and containing 1.0 acres, more or less.
-2-
Tract 2
Being a rectangular shaped tract of land out of Tract 7, wm. J. Robertson -
Farm Tracts as shown by map of record in Volume 3, Page 31, Map Records,
Nueces County, Texas, and more particularly described by metes and bounds
as follows:
Beginning at a point on the southwest right -of -way line of 120.0 foot wide
Saratoga Boulevard, said point being a corner in the present City X mit line
and also the most easterly corner of Lot 1, Block 7, Robertson's Farm Tract
as shown by map of record in Volume 39, Pages 114 -115, Map Records, Nueces
County, Texas;
Thence S_ 610 13' 15" E. along the southwest right -of -way line of said -
Saratoga Boulevard with the present City Limit line a distance of 564 -:98 feet
to a point, said point being the beginning corner of the tract of land
herein described;
Thence continue S. 610 13' 15" E. along the southwest right -of -way line of
said Saratoga Boulevard with the present City I3mit line_a distance of 155.99
feet to a point;
Thence S. 290 10' 43" W. a distance of 279.25 feet to a point for the most
southerly corner of this tract;
Thence N. 61 o 13' 15" W. a distance of 155.99 feet to a point;
Thence N. 290 10' 43" E. a distance of 279.25 feet to the. place of: beginning
and containing 1.0 acres, more or less
both tracts proposed to be replatted as Lots 1 and 2, Delta Acres Subdivision,
and being located south of Saratoga Boulevard and west of County Road 37,
and a portion of Saratoga Boulevard described as follows:
A 725' portion of Saratoga Boulevard adjacent to the two above described
tracts of land:
Beginning at the point of intersection of the southwest right -of -way line
of 120.0 foot wide Saratoga Boulevard and the present City Limit line,
said point being also the most easterly corner of Lot 1, Block 7, Robertson's
Farm Tract, as shown by map of record in-Volume 39, Pages 114 -115, Map Records,
Nueces County, Texas, for the beginning corner of the tract of -land herein
described -
Thence S. 610 13' 15" E. along the southwest right -of -way line of said
Saratoga Boulevard, a distance of 725.97 feet to a point;
Thence N_ 29 10' 43" E. across said Saratoga Boulevard, a distance of
120.0 feet to a point on the northeast right -of -way line of said Saratoga -
Boulevard, said point being also on the present City Limit line;
Thence N. 610 13' 15" W. along the northeast right -of -way line of said
Saratoga Boulevard and the present City Limit line, a distance of 725.97
feet to a point, said point being a corner in the present City Limit line;
Thence S. 29 0 10' 43" N. across said Saratoga Boulevard with the present
City Limit line a distance of 120.0 feet to the place of beginning and
containing l;g §g acres, more or less.
-3-
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 ordi-
nances, 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 terri-
tory 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 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
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 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
October, 1977.
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED: Y —
J. B UCE A CO K, TY ATTORNEY [This — ordinance is in effect .;:4
force with or without the
By signature of the Mayor, in
Sslstant C y Attorn y accordance with Article II
Section 6 of the City Charte,�.
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 Jerry Beshears, dba Jackbuck Enterprises, herein-
after 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 Owner is owner 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 1
Being a rectangular shaped tract of land out of Tract 7, Wm_ T_
'Robertson Farm Tracts as shown by map of record in Volume 3, Page 31,
Map Records, Nueces County, Texas, and more particularly described by
metes and bounds as follows:
Beginning at a point on the southwest right -of -way line of 120.0 foot wide
Saratoga Boulevard, said point being a corner in the present City Limit
line and also the most easterly corner of Lot 1, Block 7, -Robertson's Faxm
Tract as shown by map of record.in Volume 39, Pages 114 -115, Map Records,
Nueces County, Texas;
Thence S.61o.139 15" E. along the southwest right -of -way line of said
Saratoga Boulevard with the present City Limit line a distance of 362.98_
feet to a point, said point being the beginning corner of the tract of land
herein described;
Thence continue S. 610 13' 15" E. along the southwest right-of-way line
of said Saratoga Boulevard with the present City Limit line a distance of
'172.0 feet to a point;
Thence S. 290 10' 43" W. a distance of 253.26.feet to a point for the most
southerly corner of this tract;
Thence N: 610 13' 15" W. a distance of 172.0 feet to a point;
Thence N. 290 10' 43" E. a distance of 253.26 feet to the place•of beginning
and containing 1.0 acres, more or less.
TRACT II
Being a rectangular shaped tract of land out of Tract 7, Wm. J. Robertson
Fay Tracts as shown by map of record in Volume 3, Page 31, Map Records,
Nueces County, Texas, and more particularly described by metes and bounds
as follows:
Beginning at a point on the southwest right -of -way line of 120.0 foot wide
Saratoga Boulevard, said point being a corner in the present City Limit line
and also the most easterly corner of Lot 1, Block 7, Robertson's Farm Tract
as shown by map of record in Volume 39, Pages 114 -115, Map Records, Nneces
!; County, Texas;
Thence 5.-611 13' 15" E. along the southwest right -of -way line of said•
Saratoga Boulevard with the present City Limit line a distance of 564.98, feet
to a point, said point being the beginning corner of the tract of land
;herein described;
; thence continue S. 610 13' 15" E. along the southwest right -of -way line of
said Saratoga Boulevard with the present City Limit line a distance of 155_99•
feet to a point;
i -
Thence S. 290 10' 43" W. a distance of 279.25 feet to a point for the most
j southerly corner of this tract;
o
Thence N.:61 13' 15" W. a distance of 155.99 feet to a point;
Thence N. 290 10' 43" E. a distance of 279.25 feet to the place of beginning
and containing 1.0 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 boun-
daries 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 owner and each of them, and shall
constitute covenants running with the land.
WITNESS OUR HANDS, this day of 1977.
ATTEST: CITY OF CORPUS CHRISTI
Ry
City Secretary R. Marvin Townsend, City Manager
-2-
APPROVED:
DAY OF 1977:
By
Assistant City Attorney
JACKBUCK ENTERPRISES
Q' Director of Finance
V
By
Jerry Beshears
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
, 1977.
Notary Public in and for Nueces County,
Texas
THE STATE OF TEXAS j
COUNTY OF NUECES i
BEFORE ME, the undersigned authority, on this day personally
appeared Jerry Beshears, dba Jackbuck Enterprises, 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
, 1977.
Notary Public in and for Nueces County,
Texas
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6-30-107 ?00
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Corpus Christi, T xas
2� day of � 19 77
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 suspension 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 ordinance
finally on the date it is introduced, or at the present meeting of the City
Council.
9
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
Eduardo de Ases
David Diaz
Ruth Gill
Bob Gulley _
Gabe Lozano, Sr.
Edward L. Sample
The above ordinance was passed by th vote:
Jason Luby _
Eduardo de Ases
David Diaz
Ruth Gill Bob Gulley
Gab e Lozano, Sr. Edward L. Sample _