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Home My WebLink About13999 ORD - 10/26/1977�jkh:1C- 25 -77; 1st • AN ORDINANCE RATIFYING AND CONFIRMING THE ANNEXATION OF A 47.939 -ACRE TRACT OF LAND OUT OF SURVEYS NOS. 419 AND 420, STATE ABSTRACT NOS. 570 AND 857, RESPECTIVELY, NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS P31ENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVER- ABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on the 12th day of October, 1977, 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 47.939 -acre tract of land out of Surveys Nos. 419 and 420, State Abstract Nos. 570 and 857, respectively, Nueces County, Texas, 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 October 12, 1977; and WHEREAS, owners 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: NOVI, THEREFORE, BE IT ORDAINED.BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The contractual annexation of a 47.939 -acre tract of land, more or less, out of Survey Nos. 419 and 420, State Abstract Nos. 570 and 857, respectively, Nueces County, Texas, as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Ira Hayley, Jr., for said annexation, and the Council authorization thereof is confirmed and acknowledged, said tract or parcel being more fully desgrird as follows: MICROFILMED JUL 0 7 1000 13999 TRACT I Being a 1.713 -acre tract of land out of Survey No. 419, State Abstract 570, Patent No. 208, Nueces County, Texas, and described as follows: Beginning at a 2 -inch iron pipe found at the point of intersection of the East right -of -way line of McKenzie Road and the South right -of -way line of McKenzie Lane (Sid Allison Road) for the Northwest corner of said 47.939 -acre tract and the Northwest corner of this tract; Thence South 81 °00'00" East, along said South right - of -way line of McKenzie Lane (Sid Allison Road), 300.00 feet for the Northeast corner of this tract; Thence South 09 °00'00" West 303.92 feet to a point on the South property line of said 47.939 -acre tract for the Southeast corner of this tract; Thence North 61 °03'35" West, with said South property line, 316.61 feet to a 2 -inch iron pipe found on said East right -of -way line of McKenzie Road for the Southwest corner of said 47.939 -acre tract and the Southwest corner of this survey; Thence North 08 °18'24" East, along said East right -of- way with the West property line of said 47.939 -acre tract, 195.96 feet to the Point of Beginning. TRACT II Being a 12.500 -acre tract of land out of Survey No. 419, State Abstract 570, Patent No. 208, Nueces County, Texas, and described as follows: Beginning at a point on the South right -of -way line of McKenzie Lane (Sid Allison Road) same being the North property line of said 47.939 -acre tract for the Northwest corner of this tract from which corner the point of intersection of said South right - of -way line of McKenzie Lane (Sid Allison Road) and the East right -of -way line of McKenzie Road being the Northwest corner of said 47.939 -acre tract bears North 81 000'00" West 300.00 feet; Thence South 81 °00'00" East, along said South right - of -way line 1,086.72 feet for the Northeast corner of this tract; Thence South 09 °00'00" West 698.17 feet to a point on the South property line of said 47.939 -acre tract 'for the Southeast corner of this tract from which corner the Southeast corner of said 47.939 -acre tract bears South 61 °03'35" East 1,474.72 feet; Thence North 61 003'35" West, along said South property line of the 47.939 -acre tract, 1,156.03 feet for the Southwest corner of this tract; Thence North 09000'00" East 303.92 feet to the Point of Beginning. -2- TRACT III Being a 33.726 -acre tract of land out of Survey No. 419, State Abstract 570, Patent No. 208 and Survey No. 420, State Abstract 857, Patent No. 443, Nueces County, Texas, and described as follows: Beginning at a 1 -1/4 -inch iron pipe found on the South right -of -way line of McKenzie Lane (Sid Allison Road) for the Northeast corner of said 47.939 -acre tract and the Northeast corner of this tract; Thence South 20 °56'42" West, along the East property line of said 47.939 -acre tract, 1,227.70 feet to a 1 -1/4 -inch iron pipe found for the Southeast corner of said 47.939 -acre tract and the Southeast corner of this tract; Thence North 61 °03'35" Nest, along the South property line of said 47.939 -acre tract, 1,474.72 feet for the Southwest corner of this tract; Thence North 09 °00'00" East 698.17 feet to a point on the South right -of -way line of said McKenzie Lane (Sid Allison Road) same being the North property line of said 47.939 -acre tract for the Northwest corner of this tract; Thence South 81 000100" East, along said South right - of -way line 1,640.42 feet to the Point of Beginning. 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, 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 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 -3- C] of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolu- tionshall 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 after its passage, IT IS ACCORDINGLY SO ORDAINED, this the .2j6 day of pC7D04%W, , 1977• ATTEST: City Secretary AP UED: DAY OF OCTOBER, 1977: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City At orney MAYOR THE CITY OF CORPUS CHRISTI, TEXAS This ordinance is in effect and 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 d This Contract and Agreement made and entered into in duplicate originals by and between Ira Hayley, Jr., 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 res- pectively 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 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: TRACT I Being a 1.713 -acre tract of land out of Survey No.. 419, State Abstract 570, Patent No. 208, Nueces County, Texas. and described as follows: Beginning at a 2 -inch iron pipe found at the point of intersection of the East right -of -way line of McKenzie Road and the South right -of -way line of McKenzie Lane (Sid Allison Road) for the Northwest corner of said 47.939 -acre tract and the Northwest corner of this tract; Thence South 81 000'00" East, along said South right - of -way line of McKenzie Lane (Sid Allison Road). 300.00 feet for the Northeast corner of this tract; Thence South 09 000'00" West 303.92 feet to a point on the South property line of said 47.939 -acre tract for the Southeast corner of this tract; Thence North 61 003'35" West, with said South property line, 316.61 feet to a 2 -inch iron pipe found on said East right -of -way line of McKenzie Road for the Southwest corner of said 47.939 -acre tract and the Southwest corner of this survey; • • Thence South 81 000100" East, along said South right - of -way line 1,640.42 feet to the Point of Beginning. 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 Owner and each of them, and shall con- stitute covenants running with the land. WITNESS OUR HANDS. this day of 19 ATTEST: Ctty Secretary APPROVED: DAY OF 1H J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Ira Hiyley, Jr. CITY OF CORPUS CHRISTI By R. marvin Townsend, City Manager Thence North 08 °18'24" East, along said East right -of- way with the West property line of said 47.939 -acre tract, 195.96 feet to the Point of Beginning. TRACT II Being a 12.500 -acre tract of land out of Survey No. 419, State Abstract 570, Patent No. 208, Nueces County, Texas, and described as follows: -Beginning at a point on the South right -of -way line of McKenzie Lane '(Sid Allison Road) same being the North property line of said 47.939 -acre tract for the Northwest corner of this tract from which corner the point of intersection of said South right - of-way line of McKenzie Lane (Sid Allison Road) and the East right -of -way line of McKenzie Road being the Northwest corner of said 47.939 -acre tract bears North 81 °00100" West 300.00 feet; Thence South 81 °00'00" East, along said South right - of -way line 1,086.72 feet for the Northeast corner of this tract; Thence South 09 000'00" West 698.17 feet to a point on the South property line of said 47.939 -acre tract for the Southeast corner of this tract from which corner the Southeast corner of said 47.939 -acre tract bears South 61 °03'35" East 1,474.72 feet; Thence North 61 003135" West, along said South property line of the 47.939 -acre tract, 1,156.03 feet for the Southwest corner of this tract; Thence North 09 000'00" East 303.92 feet to the Point of Beginning. TRACT III Being a 33.726 -acre tract of land out of Survey No. 419, State Abstract 570, Patent No. 208 and Survey No. 420, State Abstract 857, Patent No. 443, Nueces County, Texas, and described as follows: Beginning at a 1 -1/4 -inch iron pipe found on the South right -of -way line of McKenzie Lane (Sid Allison Road) for the Northeast corner of said 47.939 -acre tract and the Northeast corner of this tract; Thence South 20 056'42" West, along the East property line of said 47.939 -acre tract, 1,227.70 feet to a 1 -1/4 -inch iron pipe found for the Southeast corner of said 47.939 -acre tract and the Southeast corner of this tract; Thence North 61 °03'35" West, along the South property line of said 47.939 -acre tract, 1,474.72 feet for the Southwest corner of this tract; Thence North 09 000100" East 698.17 feet to a point on the South right -of -way line of said McKenzie Lane (Sid Allison Road) same being the North property line of said 47.939 -acre tract for the Northwest corner of this tract; -2- Z Christi, Texas ay o , 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 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 HE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by th 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 the following vote: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. _ Edward L. Sample -jZj999 I 1