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HomeMy WebLinkAbout03747 ORD - 05/07/1954Ac --5/7/54 dN ORDINANCE AUTHORIZING AND DIRECTI12 THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND Oh! 8EHALF OF THE CITY OF CORPUS CHRISTI CONT10,CT1 WITH R. H. SCHMEDT A.S TRUSTEE. 9b1NER. AND G. ^,. HENRY AND WIFE BETTY J. HENRY AS LIENHOLDERS, IN CONNECTION `IITH -THE INCORPORATION OF A P�;RT OF LOT 12, SECTION A, PAISLEY °S SUBDIVISION OF THE HOFFH,`,N TRACT, NEAR CORPUS CHRISTI J'IND IN 1dUECES COUNTY, TEXAS, AND TO BE KNOWN' AS 'hdESER PLACE ", A COPY OF 41HICH CONTRA ^.CT IS ",TTACHED HERETO AND MADE A. PART HEREOF; AND DECLARING .AN EMERGENCY. IdHEREAS, R. H. SCHP'IEDT AS TRUSTEE, OWNER IN FEE SIMPLE, AND G. hv. HENRY AND WIFE BETTY J. HENRY, ARE LJENHOLDERS OF THE PROPERTY DESCRIBED HEREIN WHICH ADJOINS THE CITY OF CORPUS CHRISTI, AND <JHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DEEMS SUCH ACTION OF INCORPORATION OF SUCH PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI TO BE IN THE BEST INTEREST OF THE CITY OF CORPUSCHRISTI; AND WHEREAS, SUCH TERRITORY, WHEN SO ADMITTED INTO THE CITY, SHALL BEAR. ITS PROPORTIONATE PART OF ALL TAXES LEVIED BY THE CITY AND ITS INHABITANTS SHALL HAVE ALL THE PRIVILEGES AND BE SUDJECT TO ALL THE DUTIES OF THE OTHER INHABITANTS OF THE CITY; N&,l, TI- 1EREFORE, SE IT ORD:, I NED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. IiHAT THE CITY I11ANAGER OF THE CITY OF CORPUS CHRISTI BE, AND HE IS HERE3Y AUTHORIZED AND DIRECTED TO EXECUTE FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI A CONTRACT WITH R. H. SCHMEDT AS TRUSTEE, OWNER, AND G. A. HENRY AND WIFE BETTY J. HENRY AS LIENHOLDERS, OF THE COUNTY OF NUECES, STATE OF TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE, A PART HEREOF, AND READS AS FOLLOWS: -Nl SECTION 2. THE SHORTAGE OF SITES FOR RESIDENTIAL AREAS WITHIN THE CORPORATE L11,11 TS OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CIIARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ A'f THREE SEVERAL 14EETINGS OF THE CITY COUNCIL, AND THE f,IAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE SE SUSPENDED, AND THAT THIS ORDINANCE DE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION, AND TAKE: EFFECT AND BE I111 FULL FORCE AND EFFECT FROH AND AFTER ITS PASSAGE, IT IS %CCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS DAY OF p9AY, 1954. MAYOR PRO TEIA THE CITY OF C PUS CHRIST , TEYAS ATTEST-1 7I7Y SECR TAR_ f APPROVED ?2TO UEGAL FORM: 'Cl TY -F.TTORNE: Y,/ THE STATE (* TUAn X GWY OF MM 13 1 'TN IS CS"AM AND AGUUMT entered into in duplicate by and 60twOOR 9. ft. Saknodt as Trustee. 00099. ii. A. Henry and wife isetty J. Heavy as L104601dOts. sad the City Of Corpus Christi. Tmas. a damicipal coxRovatio", and for such That R. ij. Schoadt is Trustee, j*ser in fee simple And (,. A. Hoary and Wife batty J. Hoary are 1104hOld6ra Of th* following described Property located In Names County, Twos. b4i0iminU the coxporav* limits Of the City Of CO" Christi. and being more particularly des*ribod as follows, to-wit: All that GOttlih tract or p6t6el at land. a part of 1,41, 12. areLloa A. Paisley's Subdivision of the Hoffman Tract near Corp" Christi and In Nueoes County. Texas; aai4 tract U Move Particularly descri"il i,y tAetts nnd us followat LiEGINNDQ at the North corner of this tract, 6 point on the A boundary of Lot 12. Sfttios, i,, j'alslay14 of the Hoffman Tract, mfilob is niso the ceeter "f Nabor, il'omjl and irm which %he Wi th UGA:n6ac 4ia 641'jz Luz !" R L jz� pip* in center 01 Old post o"Cs morth ij 10, 4➢ " Ls .X% 3G4.75 feet. THIML South 610 471 20" Ust at 40 feet past A f./d" icon red in the South Last boundary line of Nobet Read. in all 13M.00 i0ot to a 14 icon pipe in the 5L Lveadary of said Lot 12 for the East corner of this tract.; THRICL along and with the -4� ooand L� ary of sa Lot 12 »south 2e 10' 40" West 321.75 feet tp a V Iron pipe for the South corner of this truct; MUCK North 610 47* 2U" West at 122.00 feet past a point In the South East boundary line of *shot road. in all 132D" to a Point In the ZNW boundary of 841d Lot 12, which is also the center of Weber Read for the Vast corner of this tract; Tom/ X% along and with the UN boundary line of said Lot 12 and center of the Weber Road N 260 10, 40" Cast 321.76 foot to the pions, of beginning and containing 9.75O acres of land less 0.295 acres of land within the rigAt-of-way, Of Vo1wr Road famorly comayed by G. A. Heavy et ux to Numces County. Texas. by deed dated January 21, 1940 anti momded In Volume 398. Page 16b of the Dead kocortIs of Said county. leaving 9.4510 acres of land. This tract is also subject to an mmommot for Public Utilities. a 10 feet strip along and adjeoent to the 5outhoost boundary line of this tract granted by dead free Gerald A.. Henry et us to the G CITY OF CORPUS CHRISTI, TEXAS, AND RECORDED IN VOLUME 585, PAGE 96 OF THE DE €D RECORDS OF NUECES COUNTY, TEXAS. THE NORTH WEST 100 FEET OF THE ABOVE DESCRIBED TRACT ADJACENT TO WEBER ROAD 18 WITHIN THE PRESENT CORPORATE LIMITS OF TXE CITY OF CORPUS CHRISTI,, TEXAS. THE BALANCE OF THE ABOVE TRACT�IS ADDED TO THE CORPORATE LIMITS BY CONDITIONS OF THIS CONTRACT. THAT THERE ARE NO RESIDENT VOTERS IN THE ABOVE DESCRIBED TERRITORY. IT IS AO REED BY AND BETWEEN THE PARTIES HERETO THAT THE ABOVE DESCRIBED TERRiTORY,TO BE KNOWN AS "WESER PLACE" ADDITION, SHALL Be tNCLUOEO WITHIN THE BOUNDARIES OF THE CITY OF CORPUS CHRISTI, TEXAS, AND SMALL BECOME A PART THEREOF, UPON THE PERFORMANCE OF THE EXPRESS COVENANTS HEREINAFTER CONTAINED. THE SAID R. H. SCHM£OT, TRUSTEE OWNER AND G. A. HENRY AND WIFE BETTY J. HENRY, AS LIENHOLDERSO AGREE TO THE FOLLOWING EXPRESS CONDITIONS TO THE ADMISSION OF THE ABOVE DESCRIBED TERRITORY INTO THE CITY OF CORPUS CHRISTI, TEXAS: 9. THAT THEY, THE OWNER AND LIENHOLOERS, RESPECTIVELY, WILL HAVE A PLAT OF SAID TERRITORY CONFORM WITH THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, TEXAS, AND THE REQUIREMENTS OF THE ZONING AND PLANNING COMMISSION. 2. THAT ANY DEVELOPMENT OF SAID TERRITORY WILL COMPLY WITH THE STANDARDS OF IMPROVEMENTS REQUIRED BY THE DEPARTMENTS OF PUBLIC WORKS AND THE ZONING AND PLANNING COMMISSION OF THE CITY OF CORPUS CHRISTI, TEXAS, FOR DEVELOP- MENT OF SUSDIVISf ONS IN THE CITY OF CORPUS CHRISTI, INCLUDING PAVING OF ALL STREETS AND INSTALLATION OP SIDEWALKS, CURBS AND GUTTERS. THAT AN INSPECTION FEE SHALL BE PAID TO THE CITY OF CORPUS CHRISTI AT THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS IN AN AMOUNT EQUILAV£NT TO 100 PER FRONT FOOT OF EACH LOT. 3. THAT NO PERMISSION $HALL BE GRANTED AND NO INSTALLATION PER- MITTED BY ANY WATER, GAS, SEWER, OR ELECTRICITY UTILITY COMPANY, UNLESS SAID COMPANY SHALL HAVE AND HOLD A VALID AND EXISTING FRANCHISE FROM THE CITY OF CORPUS CHRISTI FOR THE AREA INCLUDED IN SAID SUBDfVIBION,AND HEREBY AGREED TO BE ANNEXED. 4. THAT ALL IMPROVEMENTS REQUIRED SHALL BE SUBJECT TO APPROVAL AND AlICEPTANCE DY THE DIRECTOR OF PUBLIC WORKS, THERE SHALL BE NO OBLIGATION ON THE CITY FOR MAINTENANCE UNLESS ALL IMPROVEMENTS ARE ACCEPTED SY TI/E DIRECTOR OF PUBLIC HORNS. NO BUILDING SMALL BE COMMENCED WITHOUT FIRST OBTAINING -2.. BUILDING PERMIT, PAYING FEE THEREFOR, COMPLYING WITH CITY ORDINANCE REQUtRE� MENTS AND SUBJECT TO CITY INSPECTION AND APPROVAL. 5. THAT ALL OF THE ABOVE CONDITIONS SMALL BE BINDING UPON THE SUCCESSORS AND ASSIGNS OF THE SAID f;. H. SCHM €DTI TRUSTEE OWNER AND G. A. HENRY AND WIFE, BETTY J. HENRY, LEENHOLDERS, OR EITHER Of THEM, AND SHALL CONSTITUTE COYVENANTS RUNNING WITH THE LAND. WITNESS MR HANDS, THIS OF CRAY, 1954. ATTEST: CITY 9ECRCTARY APPKIVED AS TO LEGAL FORM- CITY ATTORNEY R. H. ;SCHMEDT, TRUSTEE G. A. REMY BETTY J. HENRY, WIFE Of G. A. HENRY CITY OF CORPUS CHRISTI, TEXAS BY CITY FRANAGER •3� THE STATE OF TEXAS I 1 COUNTY OF NUECES I BEFORE ME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED R. H. SCHNEDT, KNOWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE EXECUTED THE SANE FOR THE PURPOSES AND CON• SIOERATION THEREIN EXPRESSED, AND IN THE CAPACITIES THEREIN STATED. GIVEN UNDER W HAND AND SEAL OF OFFICE THIS DAY OF i 1954. NOTARY PUBLIC IN AND FOR NUCCES COUNTY, TEXAS THE 'STATE of TEXAS COUNTY OF NUECES BEFORE W-, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC, IN AND FOR NUECES COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED G. A. HENRY AND BETTY J. HENRY, HIS WIFE, BOTH KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUB- SCRIBED TO THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EACH EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND THE SAID BETTY J. HENRY, WiFE OF THE SAID G. A. HENRY, HAYING OEEN EXAMINED BY ME PRIVALY AND APART FROM HER HUSBAND, AND HAVING THE SAME FULLY EXPL.AIKEO TO ;iER, SHE, THE SAID BETTY J. HENRY ACKNOWLEDGED SUCH INSTRUMENT TO BE HER ACT AND DEED, AND SHE DECLARED THAT SHE HAD WILLINGLY SIGNED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSF.V, AND THAT SHE DID NOT W13H TO RET4ACT IT. GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE DAY OF , 19r)4. NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF NUECES j OEFORE IME, THE UNDERSIGNED AUTHORITY, A NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS, ON THIS DAY PERSONALLY APPEARED RUSSELL E. WCLURE, CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, KNOWN TO ME TO BE THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, ANO ACKNOWLEDGEO TO HE THAT HE EXECUTED THE SAME FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED, AND IN THE CAPACITY THEREIN STATED. 1954. GIVEN UNDER W HAND AND SEAL OF OFFICE, THIS THE DAY aF , NOTARY PUBLIC IN AND FOR NUECES COUNTY, TEXAS .4. CORPUS CHRISTI, TEXAS s Ye TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN: 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 T44E DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY` COUNCIL; I, THEREFORE, HEREBY 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 CITY OF CORPUS C RISTI, TEXAS THE CHARTER RULE WAS SU NDED BY THE FOLLOWING VOTE: A —ADy L.ICHENSfEIN ELLROY KING r P. C. CALLAWAY JAMES S. NA15MITH �"✓�'ic�. W. JAMES BRACE THE ABOVE ORDINANCE WAS AS5ED BY THE FOLLOWING VQTE: A —A.�Lt 1 iA r. ELLROY KING Lam. P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE 51 Lf -�