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HomeMy WebLinkAbout13971 ORD - 10/05/1977JKH:hb:10 /4/•77 t AN ORDINANCE RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF THE PROPERTY AS SHOWN IN EXHIBIT "A" ATTACHED, CONSISTING OF APPROXIMATELY 2.0+ ACRES OUT OF TRACT 7, WM. J. ROBERTSON FARM TRACTS, AS SHOWN BY MAP OF RECORD IN VOL. 3, , PAGE 31, MAP RECORDS, NUECES COUNTY, TEXAS, PRO- POSED TO BE REPLATTED AS LOTS 1 AND 2, DELTA ACRES SUBDIVISION, AND A PORTION OF SARATOGA BOULEVARD,ALL AS MORE FULLY SET FORTH IN THE CONTRACT ;BETWEEN THE CITY OF CORPUS CHRISTI AND JERRY BESHEARS, DBA JACKBUCK ENTERPRISES, ' A COPY OF.WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A "; PROVIDING SEVERABILITY; AND DECLARING AN - -EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS y h CHRISTI, TEXAS: SECTION 1. The contractual annexation of 2.0 acres, more or less,, out of Tract 7, Wm. J. Robertson Farm Tracts, as shown by map of record in Vol. 3, Page 31, Map Records, owned by Jerry Beshears dba Jackbuck Enterprises, as set -forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Jerry Beshears dba Jackbuck Enterprises, for said annexation, -and the Council authorization 4 .- thereof.is confirmed and acknowledged, said tract or parcel being a 2.0 -acre tract Of land, °more or less, out of Tract 7, Wm. J. Robertson Farm Tracts, more fully 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; MICROFILMED 13971 JUL 071980 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 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: t 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, Nap Records, Nueces County, Texas; p 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; I' 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; j Thence S. 290 10' 43" W. a distance of 279.25 feet to a point for the most i southerly corner of this tract; O y Thence N..61 13' 15" W. a distance of 155.99 feet to a point; Thence N. 29° 10' 43" E. a distance of 279.25 feet to the•place of beginning and containing 1.0 acres, more or less. TRACT III -A 7251 portion of Saratoga Boulevard adjaeent 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 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 1.999 acres, more or less. -2- i _c 1 t i i C G 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, 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. 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 hereafter 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 that such emergency and necessity 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 of it"s passage, IT IS ACCORDINGLY SD ORDAINED, this the day of f a�ilit� , 1977_ ATTEST: City Secretary APPROVER: �'j�j� 0- DAY OF ©t -1;A0V , 1977: J. BRUCE AYCOCK, CITY ATTORNEY By fi4g Assistant CiVf Attorney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect andd7 force with or without the signature of the-Mayor, in accordance with Article II Section 6 of the City Charter. 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 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. 250 10' 43^ W. a distance of 253.26.feet to a point for the, =st 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 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 followsx 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, Nap Records, Nueces jCounty, 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 Limit 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; 0 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 ` By City Secretary R. Marvin Townsend, City Manager -2- APPROVED: DAY OF , 1977: By Assistant City Attorney JACKBUCK ENTERPRISES By Jerry Beshears THE STATE OF TEXAS COUNTY OF NUECES j 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. THE STATE OF TEXAS COUNTY OF NUECES j Notary Public in and for Nueces County, Texas 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 S14ORN TO BEFORE ME this the day of , 1977. Notary Public in and for Nueces County, Texas o - - _ 0 10 -• ♦ROAD IM37 I LOCA-rsoN MAP Vo�i ZIP • - P�esend Cify Limii.Line - - -• _ - - -_ - r� -�' N - - _ .y � � ��1 • , • "��p' mgr � "` ;�� o . " - - _ IN, Pfqf Off Lp Ciiy ors Co 2i_7Z Cell, -30 -1977 6C,'J Gr: Corpus S Christi, Texas day of 466/0 0t"-, 19-7-7-- 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. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the llowing vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample The above ordinance was passed by tthe g vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 3'a3a7! 1