HomeMy WebLinkAbout14678 ORD - 12/20/1978jkh:12- 14- 78;lst
�\ AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR
MOORE, A TRUE COPY OF SAID CONTRACT BEING ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ",
AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET
FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE
ANNEXATION OF A 26.3 -ACRE TRACT OF LAND, MORE OR LESS,
OUT OF LOT 1, SECTION 14, BOHEMIAN COLONY LANDS, MORE
PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS;
FINDING ALL OF SAID LAND 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, Edgar Moore is the owner of Saratoga Industrial Place
in fee simple of the hereinafter particularly described tract or parcel 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 December 6, 1978, a public hearing was duly held at
the Regular Council meeting of the City Council, following publication of
due notice of said hearing in the official newspaper, pursuant to Art. 97Oa,
V.A.C.S., Texas, as amended, for the consideration of institution of proceedings
for the annexation of defined area wholly within the extraterritorial juris-
diction of the City of Corpus Christi, 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 December 6, 1978; and f
WHEREAS, it has been determined by the City Council that the
territory within said tract or parcel of land, now proposed to be annexed,
abuts and is contiguous and adjacent to the City of Corpus Christi and
constitutes lands and territories subject to contractual annexation as pro-
vided by the City Charter Article I, Section 2c; 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 thLRQF��M��
aforesaid lands and territory hereafter described: f-
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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
1-4678
hereby authorized and directed to execute a contract between the City of
Corpus Christi and Edgar Moore, a true copy of which said 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:
Being a 26.3 acre tract of land, more or less, out of Lot 1,
Section 14, Bohemian Colony Lands, a map of which is
recorded in Volume A, page 48, Map Records of Nueces County,
Texas:
Beginning at the point of intersection of the west ri ht -of-
way line of Chapman Ranch Road (State Highway No. 286 and
the south line of said Lot 1 for the southeast corner of
this tract from which corner the southeast corner of said
Lot 1 bears South 61 32' 00" East 50.00 feet;
Thence North 610 32' 00" hest, along the south line of
said Lot 1, 923.73 feet, more or less, for the southwest
corner of this tract;
Thence North 29° 00' 00" East 1260.00 feet, more or less,
to a point on the south right -of -way line of Saratoga
Boulevard (S.H. 357) for the northwest corner of this
tract;
Thence South 610 32' 00" East, along said south right -of-
Vay line of Saratoga Boulevard, parallel with the center-
line thereof and 60.00 feet distant therefrom, measured
at right angles thereto, 793.73 feet, more or less, for
an angle point in said right -of -way and the northwest
corner of this tract;
Thence South 00° 02' 50" West, with the continuation
right -of -way line of Saratoga Boulevard, 227.90 feet,
more or less, to the point of intersection with said west
right -of -way line of Chapman Ranch Road for a corner of this
tract;
Thence South 29° 00' 00" West, along the west right -of-
way line of Chapman Ranch Road, 220.00 feet, more or less,
for a corner of this tract;
Thence continuing with said right -of -way, South 23° 00'
00" West 201.00 feet, more or less, for a corner of this
tract;
Thence South 29° 00' 00" West, with the west right -of -way
line of Chapman Ranch Road, parallel to the centerline
thereof and 50.00 feet distant therefrom, measured at
right angles thereto, 640.00 feet, more or less, to the
POINT OF BEGINNING.
The hereinabove described land, subject to execution of said
contract and adoption of annexation ordinance, will be admitted into the
City of Corpus Christi as an integral part thereof, said territory to be
-2-
a part of the City of Corpus Christi, subject to the general laws of the
State of Texas, the City Charter, and the ordinances, resolutions, motions
and regulations of the City of Corpus Christi, Texas; said described terri-
tory shall thereafter bear its proportionate share of the taxes levied by
the City and the inhabitants of such territory 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, and the 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 effect from and after its passage,
IT IS ACCORDINGLY SO ORDAINED, this the day of December, 1978.
ATTEST:
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Ci yySecretary MAYOR
THE CITY RPUS CHRISTI, TEXAS
APPROVED:
18 DAY OF DECEMBER, 1978:
J. BRU/ `.,C.0 J OCK, CITY ATTORNEY
By
Assistant C ttorney
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 _Edgar Moore ,
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 condi-
tions hereinafter stated:
WITNESSETH:
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:
Being a 26.3 acre tract of land, more or less, out of Lot 1,
Section 14, Bohemian Colony Lands, a map of which is
recorded in Volume A, page 48, Map Records of Nueces County,
Texas:
Beginning at the point of intersection of the west right-of-
way line of Chapman Ranch Road (State Highway No., 286) and
the south line of said Lot 1 for the southeast corner of
this tract from which corner the southeast corner of said
Lot 1 bears South 61° 32' 00" East 50.00 feet;
Thence North 61° 32' 00" West, along the south line of
said Lot 1, 923.73 feet, more or less, for the southwest
corner of this tract;
Thence North 290 00' 00" East 1260.00 feet, more or less,
to a point on the south right -of -way line of Saratoga
Boulevard (S.H. 357) for the northwest corner of this
tract;
Thence South 610 32' 00" East, along said south right -of-
way line of Saratoga Boulevard, parallel with the center-
line thereof and 60.00 feet distant therefrom, measured
at right angles thereto, 793.73 feet, more or less, for
an angle point in said right -of -way and the northwest
corner of this tract;
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Thence South 001 02' 50" West, with the continuation
right -of -way line of Saratoga Boulevard, 227.90 feet,
more or less, to the point of intersection with said west
right -of -way line of Chapman Ranch Road for a corner of this
tract;
Thence South 29° 00' 00" West, along the west right -of-
way line of Chapman Ranch Road, 220.00 feet, more or less,
for a corner of this tract;
Thence continuing with said right -of -way, South 23° 00'
00" West 201.00 feet, more or less, for a corner of this
tract;
Thence South 290 00' 00" West, with the west right -of -way
line of Chapman Ranch Road, parallel to the centerline
thereof and 50.00 feet distant therefrom, measured at
right angles thereto, 640.00 feet, more or less, 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, sub-
ject 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 consti-
tute covenants running with the land.
ATTEST:
WITNESS OUR HANDS this the day of December , 1978.
Edgar Moore, Owner
CITY OF CORPUS CHRISTI
City Secretary gy
APPROVED: R. Marvin Townsend, City Manager
DAY OF DECEMBER, 1978:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
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FXllls /r "AN
Corpus Christi, T as
�(J day of 192P
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,
THE
The Charter rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
1.46'78
OF CORP CHRISTI, TEXAS