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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