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HomeMy WebLinkAbout14801 ORD - 02/28/1979111/0 1110 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND RUPERT HAROLD KRONKE, TRUSTEE, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND, MORE FULLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, SITUATED IN NUECES COUNTY, TEXAS; 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, Rupert Harold Kronke, Trustee, is owner of a parcel or tract of land 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 February 14, 1979, 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 proceedings for the annexation of defined area wholly within the extraterri- torial jurisdiction- 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 February 14, 1979; 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 adjacent to the City of Corpus Christi and constitutes lands and territory subject to contractual annexation as provided by the City Charter Article I, Sec. 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 the afore- said land and territory hereafter described: MICROF" -71) 'JUL 0 81980 14801 • 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 execute a contract between the City of Corpus Christi and Harold Kronke, a true copy of said contract being 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 8.6 acres, more or less, out of Survey 419, Abstract 570, made for F. W. Schaeffer by virtue of land script number 1/1046 issued to Beatty, Seale and Forwood, in Nueces County, Texas, and being described by metes and bounds as follows: BEGINNING at SE corner of Lot 3, Riverview Estates, as shown by map recorded in Vol. 35, page 74, Map Records of Nueces County, Texas, for SW corner of this tract; THENCE with E. boundary of Lot 3, N. 34 deg. 01' E. 131.64 ft. and N. 8 deg. 32' 40" E. 623.0 feet to a one - inch iron pipe on S. boundary of Lot 5, Riverview Estates, as shown by map recorded in Vol. 34, page 115, Map Records of Nueces County, Texas, for NE corner of Lot 3 and NW corner of this tract; THENCE S. 79 deg. 11' 50" E. with S. boundary of Lot 5, 481.22 ft. to a one -inch iron pipe at SE corner of Lot 5 for NE corner of this tract on W. boundary of McKenzie Road; THENCE with W.boundary of McKenzie Road S. 9 deg. W. 624.44 ft. and S. 27 deg. 43' 30" W. 178.0 ft. to a bronze disc in concrete for N. boundary of I.H.37 for SE corner of this tract; THENCE with N. boundary of I.H. 37 N. 77 deg. 02' 30" W. 240.68 and N. 69 deg. 7' 55" W. 239.69 ft. TO PLACE OF BEGINNING. The hereinabove described land, subject to execution of said contracts and adoption of annexation ordinance, will be admitted into the City of Corpus Christi as an integral part thereof, said territory to be 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. -2- • • 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 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 ordi- nance 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 an• after its passage, IT IS ACCORDINGLY SO ORDAINED, this the .Z day of , 119. ATTEST: .400 C'ty Secretary APPROVED: 28th DAY OF FEBRUABY, 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Ci torney MAYOR THE CITY OFCO. AI ;?0:0 igiiir RISTI, TEXAS STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES I This Contract and Agreement made and entered into duplicate originals by and between Rupert Harold Kronke, Trustee, 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, hereinafter called "City," for good and valu- able consideration in hand received by the parties respectively and upon the covenants and conditions 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, to -wit: Being 8.6 acres, more or less, out of Survey 419, Abstract 570, made for F. W. Schaeffer by virtue of land script number 1/1046 issued to Beatty, Seale and Forwood, in Nueces County, Texas, and being described by metes and bounds as follows: BEGINNING at SE corner of Lot 3, Riverview Estates, as shown by map recorded in Vol. 35, page 74, Map Records of Nueces County, Texas, for SW corner of this tract; THENCE with E. boundary of Lot 3, N. 34 deg. 01' E. 131.64 ft. and N. 8 deg. 32' 40" E. 623.0 feet to a one - inch iron pipe on S. boundary of Lot 5, Riverview Estates, as shown by map recorded in Vol. 34, page 115, Map Records of Nueces County, Texas, for NE corner of Lot 3 and NW corner of this tract; THENCE S. 79 deg. 11' 50" E. with S. boundary of Lot 5, 481.22 ft. to a one -inch iron pipe at SE corner of Lot 5 for NE corner of this tract on W. boundary of McKenzie Road; • • THENCE with W. boundary of McKenzie Road S. 9 deg. W. 624.44 ft. and S. 27 deg. 43' 30" W. 178.0 ft. to a bronze disc in concrete for N. boundary of I.H. 37 for SE corner of this tract; THENCE with N. boundary of I.H. 37 N. 77 deg. 02' 30" W. 240.68 and N. 69 deg. 7' 55" W. 239.69 ft. TO PLACE OF BEGINNING. It is agreed by and between described land and territory shall be of the City of Corpus Christi, Texas, to the terms of Article I, Section 2, the parties hereto that the above included within the corporate boundaries and shall become a part thereof, subject 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 asigns of the said Owner and each of them, and shall con- stitute covenants running with the land. WITNESS OUR HANDS, this day of , 1979. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF , 1979: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By R. Marvin Townsend City Manager Rupert Harold Kronke, Trustee .CIJvcrY%GW esit2iGdJ"• .2 , <i1 -- - ✓-0,Gva%lE ._ 34, ...P,q'G� 1/5,. N.t T /y 47-- tiled, I•I.R 0 N a • 24 /iv.69 SCALE: / %vwH Go'FEEr_... _79'..11=50"E s'•" 8.565 ACRES '., !<nJ Lent. Mon. Fake. r. Moi, N 77° D2=3o".FV Ps".*, 240:/671, PLAT SHOWING SURVEY OF 8.565 ACRE TRACT OUT OP SURVEY NO. 419, RBST CORPUS CJHRISTI, NUECES COUNTY, TEXAS. 4. •s STATE OP TEXAS: COUNTY OF NUECES: I, Tom B. Gunter, Registered Public Surveyor, hereby certify th e.,a ,.evr,A,;+ •+F4 tho hnct elf my knowledne and ability, and that it was prepared f • Corpus Christi, Tex,�s „;?, day of • 197% 70 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. MAYOR / ,l THE CITY OF C CHRISTI, TEXAS The Charter rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed by Gabe Lozano, Sr. II Bob Gulley David Diaz /T Ruth Gill 1 he following vote: Joe Holt Tony Juarez, Jr. Edward L. Sample 14801