HomeMy WebLinkAbout13988 ORD - 10/19/1977JKH:hb:9 /27/77
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 IRA HAYLEY, JR., A TRUE COPY OF WHICH
IS ATTACHED HERETO AND BY THIS REFERENCE INCOR-
PORATED 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 47.939 ACRES, MORE OR
LESS OUT OF SURVEY NOS. 419 AND 420, STATE ABSTRACT
NOS. 570 AND 857 RESPECTIVELY, 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 EXTRA-
TERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO;
PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
WHEREAS, Ira Hayley, Jr., 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 October 12, 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 proceedings for
the annexation of a defined area wholly within the extraterritorial juris-
diction of the City of Corpus Christi consisting of 47.939 acres, more or
less, out of Survey Nos. 419 and 420, State Abstract Nos. 570 and 857
respectively, 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 October 12, 1977; and
WHEREAS, it has been determined by the City Council that the
territory within said tracts 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 the
City Charter Article I, Sec. 2c; and
MICROPILMCD
3Ut 0,11990
13988
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. 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 Ira Hayley, Jr., 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:
TRACT I
Being a 1.713 -acre tract of land out of Survey No.
419, State Abstract 570, Patent No. 208, Nueces
County, Texas, and described as follows:
Beginning at a 2 -inch iron pipe found at the point of
intersection of the East right -of -way line of McKenzie
Road and the South right -of -way line of McKenzie Lane
(Sid Allison Road) for the Northwest corner of said
47.939 -acre tract and the Northwest corner of this tract;
Thence South 81 000'00" East, along said South right -
of -way line of McKenzie Lane (Sid Allison Road),
300.00 feet for the Northeast corner of this tract;
Thence South 09 000'00" West 303.92 feet to a point
on the South property line of said 47.939 -acre tract•
for the Southeast corner of this tract;
Thence North 61 003'35" West, with said South property
line, 316.61 feet to a'2 -inch iron pipe found on said
East right -of -way line of McKenzie Road for the
Southwest corner of said 47.939 -acre tract and the
Southwest corner of this survey;
Thence North 08018824" East, along said East right -bf-
way with the West property line of said 47.939 -acre
tract, 195.96 feet to the Point of Beginning.
TRACT'II
Being a 12.500 -acre tract of land out of Survey No.
419, State Abstract 570, Patent No. 208, Nueces
County, Texas, and described as follows:
Beginning at a point on the South right -of -way line
of McKenzie Lane '(Sid Allison Road) same being the
North property line of said 47.939 -acre tract for
the Northwest corner of this tract from which
corner the point of intersection of said South right -
of -way line of McKenzie Lane (Sid Allison Road)
and the East right -of -way line of McKenzie Road being
the Northwest corner of said 47.939 -acre tract bears
North 81 °00'00" West 300.00.feet;
-2-
•
Thence South 81 °00'00" East, along said South right -
of -way line 1,086.72 feet for the Northeast corner of
this tract;
Thence South 09 °00'00" West. 698.17 feet to a point
on the South property line of said 47.939 -acre tract
'for the Southeast corner of this tract from which
corner the Southeast corner of said 47.939 -acre
tract bears South 61 °03'35" East 1,474.72 feet;
Thence North 61 °03'35" West, along said South property
line of the 47.939 -acre tract, 1,156.03 feet for the
Southwest corner of this tract;
Thence North 09 °00'00" East 303.92 feet to the Point of
Beginning.
TRACT III
Being a 33'.J'26 -acre tract of land out of Survey No.
419, State Abstract 570, Patent No. 208 and Survey
No. 420, State Abstract 857, Patent No. 443, Nueces
County, Texas, and described as follows:
Beginning at a 1 -1/4 -inch iron pipe found on the
South right -of -way line of McKenzie Lane (Sid Allison
Road) for the Northeast corner of said 47.939 -acre
tract and the Northeast corner of this tract;
Thence South 20 056142" West, along the East property
line of said 47.939 -acre tract, 1,227.70 feet to a
1 -1/4 -inch iron pipe found for the Southeast corner _
of said 47.939 -acre tract and the Southeast corner
of this tract;
Thence North 61 °03135" West, along the South property
line of said 47.939 -acre tract, 1,474.72 feet for the
Southwest corner of this tract;
Thence North 09 000100" East 698.17 feet to a point on
the South right -of -way line of said McKenzie Lane
(Sid Allison Road) same being the North property
line of said 47.939 -acre tract for the Northwest
corner of this tract;
Thence South 81 °00100" East, along said South right -
of -way line 1,640.42 feet to the Point of Beginning.
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 hereinafter 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 territory shall hereafter 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.
-3-
SECTION 2. If for any reason any section, paragraph, sub-
division, clause, phrase, word, or provision of this ordinance shall be held
Invalid or unconstitutional by final judgment of a court of competent juris-
diction 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
r
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 therday of 1977.
ATTEST:
APPROVED:
DAY OF 1977:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C y ttorney
MAYOR
THE ITY OF CORPUS CHRISTI, TEXAS
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS J
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate
originals by and between Ira Hayley, Jr., 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 res-
pectively and upon the covenants and conditions hereinafter stated, f
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:
TRACT I
Being a 1.713 -acre tract of land out of Survey No.
419, State Abstract 570, Patent No. 208, Nueces
County, Texas, and described as follows:
Beginning at a 2 -inch iron pipe found at the point of
intersection of the East right -of -way line of McKenzie
Road and the South right -of -way line of McKenzie Lane
(Sid Allison Road) for the Northwest corner of said
47.939 -acre tract and the Northwest corner of this tract;
Thence South 81 "00'00" East, along said South right -
of -way line of McKenzie Lane (Sid Allison Road),
300.00 feet for the Northeast corner of this tract;
Thence South 09 000'00" West 303.92 feet to a point
on the South property line of said 47.939 -acre tract
for the Southeast corner of this tract;
Thence North 61 °03'35" West, with said South property
line, 316.61 feet to a 2 -inch iron pipe found on said
East right -of -way line of McKenzie Road for the
Southwest corner of said 47.939 -acre tract and the
Southwest corner of this survey;
•
Thence North 08 °18'24" East, along said East right -of-
way with the West property line of said 47.939 -acre
tract, 195.96 feet to the Point of Beginning.
TRACT II
Being a 12.500 -acre tract of land out of Survey No.
419, State Abstract 570, Patent No. 208, Nueces
County, Texas, and described as follows:
Beginning at a point on the South right -of -way line
of McKenzie Lane (Sid Allison Road) same being the
North property line of said 47.939 -acre tract for
the Northwest corner of this tract from which
corner the point of intersection of said South right -
of -way line of McKenzie Lane (Sid Allison Road)
and the East right -of -way line of McKenzie Road being
the Northwest corner of said 47.939 -acre tract bears
North 81 000'00" West 300.00 feet;
Thence South 81 000'00" East, along said South right -
of -way line 1,086.72 feet for the Northeast corner of
this tract;
Thence South 09 000'00" West 698.17 feet to a point
on the South property line of said 47.939 -acre tract
for the Southeast corner of this tract from which
corner the Southeast corner of said 47.939 -acre
tract bears South 61 °03'35" East 1,474.72 feet;
Thence North 61 003'35" West, along said South property
line of the 47.939 -acre tract, 1,156.03 feet for the
Southwest corner of this tract;
Thence North 09 000'00" East 303.92 feet to the Point of
Beginning.
TRACT III
Being a 33.726 -acre tract of land out of Survey No.
419, State Abstract 570, Patent No. 208 and Survey
No. 420, State Abstract 857, Patent No: 443, Nueces
County, Texas, and described as follows:
Beginning at a 1 -1/4 -inch iron pipe found on the
South right -of -way line of McKenzie Lane (Sid Allison
Road) for the Northeast corner of said 47.939 -acre
tract and the Northeast corner of this tract;
Thence South 20 056'42" West, along the East property
line of said 47.939 -acre tract, 1,227.70 feet to a
1 -1/4 -inch iron pipe found for the Southeast corner
of said 47.939 -acre tract and the Southeast corner
of this tract;
Thence North 61 °03'35" West, along the South property
line of said 47.939 -acre tract, 1,474.72 feet for the
Southwest corner of this tract;
Thence North 09 °00'00" East 698.17 feet to a point on
the South right -of -way line of said McKenzie Lane
(Sid Allison Road) same being the North property
line of said 47.939 -acre tract for the Northwest
corner of this tract;
-2-
•
Thence South 81 000100" East, along said South right -
of -way line 1,640.42 feet 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,
subject to the terms of Article I, Section 2 of the City Charter of Corpus
Christi, as amended, and as further prescribed by Ordinance Yo. 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 day of ,
19
ATTEST:
City Secretary
APPROVED:
DAY OF 19
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Ira Hayley, Jr.
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
X Christi, Texas
ay oft 19 77
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
J-3988