HomeMy WebLinkAbout14050 ORD - 11/23/1977• JKH:vmr:11- 10- 77;1st-
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AN ORDINANCE
RATIFYING AND CONFIRMING THE ANNEXATION OF A 8.173 -ACRE
TRACT OF LAND OUT OF STATE SURVEY NO. 311, ABSTRACT 816,
NUECES COMM, TEXAS, MORE FULLY DESCRIBED HEREINAFTER.
PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED,
AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, on the 2nd day of November, 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 8.173 -acre tract of land out of State
Survey No. 311, Abstract 816, 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 November 2, 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 to the public interest to annex the aforesaid area
hereinafter more fully described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The contractual annexation of a 8.173 -acre tract of land,
more or less, out of State Survey No. 311, Abstract 816, Nueces County. Texas,
as set forth in Exhibit "A" attached, being a copy of annexation contract
between the City of Corpus Christi and Lantana Corporation, for said annexations
and the Council authorization thereof is confirmed and acknowledged, said tract
or parcel being more fully 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:
MICROFILMED
14050 JUL 0 71980
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. 451, more or less, to a 1/2 inch
iron road 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.
The above described area 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
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 ter its passage, IT IS ACCORDINGLY SO ORDAINED, this the
day of , 1977.
ATTEST:
City Secretary
MAYOR
THE CITY OF CORPUS CHRISTI, TESAS
APPROVED-
DAY OF NOVEMBER, 1977
This ordinance is in effect as..'.
force with or without the
J. BRUCE AYCOC&, CITY ATTORNEY
signature of the Mayor, in
accordance with Article II
Section 6 of the City Charter,.
By
Assistant Ci ttorney
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 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. 953.74', 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 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. Meaney et ux dated March 1,
1969, recorded in Vol. 1318, page 17, Deed Records of
Nueces County, Texas.
•
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:
LANTANA CORPORATION
By
Secretary PRESIDENT
ATTEST: CITY OF CORPUS CHRISTI
City Secretary
APPROVED:
DAY OF 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
R. Marvin Townsend, City Manager
!•,r ��'oe '''mot -
- - - _ •_
Corpus Christi, Texas ,
-2"ay of 1971,
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 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
14050