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Home My WebLink About14032 ORD - 11/09/1977jkh;11-9 -77; 1st .. • 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 LANTANA CORPORATION (FORMERLY GAS COMPRESSORS, INC.), 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 A TRACT OF LAND CONSISTING OF 8.173 ACRES, MORE OR LESS, OUT OF LOT 38, H. B. SHEPPARD FARM LOTS, A SUBDIVISION OF RECORD IN THE MAP RECORDS OF THE COUNTY CLERK OF 1VUECES COUNTY, AND BEING A PART OF STATE SURVEY 311, ABSTRACT 816, IN NUECES COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY 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, Lantana Corporation 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 2, 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 Art. 970a, V.A.C.S., Texas, as amended, for the consideration of institution of proceed- ings for the annexation of a defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi consisting of 8.173 acres, more or less, out of State Survey 311, Abstract 816, Nueces County, Texas, 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 2, 1977; and WHEREAS, it has been determined by the City Council that the territory within said tract of land, now proposed to be annexed, abuts and Is contiguous and is adjacent to the City of Corpus Christi and constitutes lands and territories subject to contractual annexation as provided by City Charter Article 1, Sec. 2c; and MICROFILMED JUL 071990 14032 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 hereafter 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 City of Corpus Christi is hereby authorized and directed to institute annexation by execution of a contract between the City of Corpus Christi and Lantana Corporation, 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: A tract of land containing 8.173 acres, more or less, being the east remainder portion of the former Helen Dunn 49 acre tract lying east of Viola Road (County Road 51B) and north of Interstate Highway 37, and being out of Lot 38 of the H. B. Sheppard Farm Lots, a subdivision of record in Map Book A on page 51 of the Map Records of the County Clerk of Nueces County, Texas; and being a part of State Survey 311, Abstract 816; and the 8.173 acres, more or less, being described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set flush with the ground by the county surveyor July, 1961, in the south boundary line of right of way of Up River Road, from which the Northeast corner of said Helen Dunn 49 acre tract bears N. 0 deg. 28' W. 32.9 ", for the Northeast corner of this tract; THENCE S. 00 deg. 28' 34" E..953.74', more or less, along the east boundary of said Helen Dunn 49 acre tract to a point in the North right of way of Interstate Highway 37, for the Southeast corner of this tract; THENCE along the north boundary of Interstate Highway 37 N. 64 deg. 47' 27" W. 389.39' to a point; THENCE N. 20 deg. 24' 32" W. 114.02' to a point in the east boundary of Viola Road; THENCE N. 00 deg. 48' 20" E. 789.66' along the east boundary of right of way of Viola Road to a 1/2 inch iron rod; THENCE N. 54 deg. E. 45', more or less, to a 112 inch iron rod in the south boundary of right of way of Up River Road; THENCE S. 66 deg. 16' E. 372', more or less, along the south boundary of Up River Road to the place of beginning; containing an area of 8.173 acres, more or less, and being the same property described in Warranty Deed from Katie Dunn et al to Daniel D. Meaney et ux dated March 1, 1969, recorded in Vol. 1318, page 17, Deed Records of Nueces County, Texas. -2- 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, 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 fact that the above named landowner 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, andthe 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 (fect fro d after its passage, IT IS ACCORDINGLY SO ORDAINED, this the 7 day of 1977. ATTEST: ,6g 'et a Cily Secretary MAY THE CITY OF CORPUS CHRISTI, TEXAS AP VED: DAY OF NOVEMBER, 1977: J. BRUC YCOC CITY ATTORNEY By Assistant C STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS II COUNTY OF NUECES I This Contract and Agreement made and entered into in duplicate originals by and between the Lantana Corporation, 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 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: A tract of land containing 8.173 acres, more or less, being the east remainder portion of the former Helen Dunn 49 acre tract lying east of Viola Road (County Road 51B) and north of Interstate Highway 37, and being out of Lot 38 of the H. B. Sheppard Farm Lots, a subdivision of record in Map Book A on page 51 of the Map Records of the County Clerk of Nueces County, Texas; -and being a part of State Survey 311, Abstract 816; and the 8.173 acres, more or less, being described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set flush with the ground by the county surveyor July, 1961, in the south boundary line of right of way of Up River Road, from which the Northeast corner of said Helen Dunn 49 acre tract bears N. 0 deg. 28' W. 32.9 ", for the Northeast corner of this tract; THENCE S_ 00 deg. 28' 34" E. 953.741, more or less, along the east boundary of said Helen Dunn 49 acre tract to a point in the North right of way of Interstate Highway 37, for the Soutbeast corner of this tract; THENCE along the north boundary of Interstate Highway 37 N. 64 deg. 47' 27" W. 389.39' to a point; THENCE N. 20 deg. 24' 32" N. 114.02' to a point in the east boundary of Viola Road; THENCE N. 00 deg. 48' 20" E. 789.66' along the east boundary of right of way of Viola Road to a 1/2 inch iron rod; THENCE N. 54 deg. E. 45', more or less, to a 1/2 inch iron rod in the south boundary of right of way of Up River Road; THENCE S. 66 deg. 16' E. 372', more or less, along the south boundary of Up River Road to the place of beginning; containing an area of 8.173 acres, more or less, and being the same property described in Warranty Deed from Katie Dunn et al to Daniel D. Heaney et ux dated March 1, 1969, recorded in Vol. 1318, page 17, Deed Records of flueces County, Texas. 40. 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 the day of 1977_ ATTEST: Secretary ATTEST: City Secretary T A VED: DAY 0 , 1977: J. BRUCE CITY ATTORNEY By Assistant Cit�orney LANTANA CORPORATION By PRESIDENT CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager \� -•I- 49- .1 4- lb Ila 4- Corpus Christi, Texas tday of 191 -L 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 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 ttollowing te: Jason Luby Eduardo de Ases David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 24032 r