HomeMy WebLinkAbout15538 ORD - 05/14/1980 (2)•
jkh:5-14-8O;lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND D. R.
SIZEMORE, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A", AFTER DUE
NOTICE OF HEARING, FOR THE ANNEXATION OF 19.83 ACRES OUT
OF STATE SURVEY 500, ABSTRACT 582; FINDING ALL OF SAID
LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURIS-
DICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CON-
TIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
WHEREAS, D. R. Sizemore is the owner in fee simple of the herein-
after particularly described tract or parcel of land adjoining, contiguous,
and adjacent to the City of Corpus Christi and wholly within its extraterri-
torial 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 May 14, 1980, 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 Article 97Oa,
V.A.C.S., Texas, as amended, for the consideration of institution of proceed-
ings for the annexation of defined area wholly within the extraterritorial
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 May 14, 1980; and
WHEREAS, it has been determined by the City Council that the terri-
tory 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 provided by the
City Charter Article I, Section 2(b); 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 lands and territory hereafter described:
AUG 2 91990
�,�RpFi1.ME�
15538
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 D. R. Sizemore, a true copy of which contract is attached
hereto and by this reference incorporated herein for all purposes, for
annexation of land and territory described as follows:
Being 19.83 acres of land out of State Survey 500,
State Abstract No. 582 lying between Interstate
No_ 37 and UpRiver Road and being a portion of the
property described in Warranty Deed dated June 10,
1949 and recorded in Volume 434, page 311, Deed
Records of Nueces County, Texas:
Beginning at a 3/4 inch pipe found on the northeast
right-of-way line of Interstate Highway No. 37 for
the lower west corner of Lot 1, Sizemore Industrial
Subdivision, a map of which is recorded in Volume 31,
page 13. Map Records of Nueces County, Texas and the
south corner of this survey;
Thence north 64° 59' 10" west, with said northeast
right-of-way line of Interstate Highway No. 37, at
0.90 feet pass a concrete right -of -wary marker found
on line, in all a distance of 479.50 feet to a con-
crete right-of-way marker found for a corner of this
surrey;
Thence north 59° 49' 00" west, with the continuation
of said northeast right-of-way line, 545.46 feet to a
5/8 inch iron rod set for the point of intersection
with the east right-of-way line of Clarkwood Road and
the lower west corner of this survey;
'thence north 04° 49' 50" west, with said east right-of-
way line of Clarkwood Road, 606.13 feet to a concrete
moment with a brass disc found for a corner of this
may;
Thence continuing with said right-of-way line of Clarkwood
Road, north 36° 34' 40" west 107.55 feet to a concrete
nonranent with a brass disc found for the west corner of
this survey;
Thence north 02° 55' 30" west 25.65 feet to a concrete
monument with a brass disc found for the upper west
corner of this survey;
Thence south 79° 36' 15" east 279.30 feet to a 1-1/4
inch diameter bar found for an inside corner of this
survey;
Thence North 01° 18' 20" east, at 204.55 feet pass an
auto axle found on line, in all a distance of 212.30
feet to a point on the southwest right-of-way line of
UpRiver Road for the north corner of this survey;
-2-
Thence south 63° 03' 20" east, with said southwest
right-of-way line of UpRiver Road 281.95 to a point
for a corner of this survey;
Thence continuing with said right-of-way line of
UpRiver Road south 66° 44' 00" east 490.00 feet to a
3/4 inch pipe found for the east corner of this survey;
Thence south 02° 17' 40" east, at 11.06 feet pass the
north corner of said Lot 1, Sizemore Industrial Subdivi-
sion, at 509.18 feet pass a 5/8 inch iron rod found on
line, at 719.49 feet pass a corner post on line, in all
a distance of 1,034.39 feet 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 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 there-
after 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.
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 ordi-
nance 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 that such emergency and
-3-
necessity exist, 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 efft from and after its passage, IT
IS ACCORDINGLY SO ORDAINED, this the / day of May, 1980.
ATTEST:
cretar
APPRA VED:
/`t' DAY OF MAY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By Zit/
Assistant Cit J Forney
HE C OF CORPUS CHRISTI, TEXAS
•
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This contract and agreement made and entered into induplicate
originals by and between D. R. Sizemore, 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 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:
Being 19.83 acres of land out. of State Survey 500,
State Abstract No. 582 lying between Interstate
No. 37 and UpRiver Road and being a portion of the
property described in Warranty Deed dated June 10,
1949 and recorded in Volume 434, page 311, Deed
Records of Nueces County, Texas:
Beginning at a 3/4 inch pipe found on the northeast
right-of-way line of Interstate Highway No. 37 for
the lower west corner of Lot 1, Sizemore Industrial
Subdivision, a map of which is recorded in Volume 31,
page 13, Map Records of Nueces County, Texas and the
south corner of this survey;
Thence north 64°'59' 10" west, with said northeast
right-of-way line of Interstate Highway No. 37, at
0.90 feet pass a concrete right-of-way marker found
on line, in all a distance of 479.50 feet to a con-
crete right-of-way marker found for a corner of this
survey;
•
Thence north 59° 49' 00" west, with the continuation
of said northeast right-of-way line, 545.46 feet to a
5/8 inch iron rod set for the point of intersection
with the east r-ight-of-way line of Clarkwood Road and
the lower west corner of this survey;
Thence north 04° 49' 50" west, with said east right-of-
way line of Clarkwood Road, 606.13 feet to a concrete
monument with a brass disc found for a corner of this
survey;
Thence continuing with said right-of-way line of Clarkwood
Road, north 36° 34' 40" west 107.55 feet to a concrete
monument with a brass disc found for the west corner of
this survey;
Thence north 02° 55' 30" west 25.65 feet to a concrete
monument with a brass disc found for the upper west
corner of this survey;
Thence south 790 36' 15" east 279.30 feet to a 1-1/4
inch diameter bar found for an inside corner of this
survey;
Thence North 01° 18' 20" east, at 204.55 feet pass an
auto axle found on line, in all a distance of 212.30
feet to a point on the southwest right-of-way line of
UpRiver Road for the north corner of this survey;
Thence south 630 03' 20" east, with said southwest
right-of-way line of UpRiver Road 281.95 to a point
for a corner of this survey;
Thence continuing with said right-of-way line of
UpRiver Road south 66° 44' 00" east 490.00 feet to a
3/4 inch pipe found for the east corner of this survey;
Thence south 02° 17' 40" east, at 11.06 feet pass the
north corner of said Lot 1, Sizemore Industrial Subdivi-
sion, at 509.18 feet pass a 5/8 inch iron rod found on
line, at 719.49 feet pass a corner post on line, in all
a distance of 1,034.39 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 No. 11139 of the City of
Corpus Christi.
-2-
That allof the above conditions shall be binding upon the successors
and assigns of the said Owner and each of them, and shall constitute covenants
running with the land.
WITNESS OUR HANDS this the day of 1980.
ATTEST:
City Secretary
APPROVED:
DAY OF MAY, 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
D. R. Sizemore
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend
City Manager
Page 3 of 3 pages - Standard Form Annexation Contract
OWNER
CITY
Corpus Christi, Texas
JS/ day of
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,
TH' ► TY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspend by the following vote:
Luther Jones
Edward L. Sample 1
Dr. Jack Best
David Diaz Or
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
The above ordinance was pass"by the following vote:
Luther Jones _
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner 1.
Cliff Zarsky
15538