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HomeMy WebLinkAbout16020 ORD - 02/04/1981jkh:2-4-81;-1st AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR MOORE AND JAMES EWING, A TRUE COPY OF WHICH CON- TRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF 102.92 ACRES OF LAND OUT OF LOTS 3 AND 4, SECTION 11, BOHEMIAN COLONY LANDS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; 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, Edgar Moore and James Ewing are owners in fee simple of the hereinafter particularly described tract or parcel of land adjoining, contiguous and adjacent to the City of Corpus Christi and wholly within its extraterritorial jurisdiction; and WHEREAS, the said owners are desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on February 4, 1981, 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 970a, 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 particuarly 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 4, 1981; and WHEREAS, it has been determined by the City Council that the territory 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 con- stitutes lands and territories subject to contractual annexation as provided by the City Charter Article I, Section 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 aforesaid lands and territory hereinafter described: ICO20 IAMf1LME© SEP 2 71984 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 Edgar Moore and James Ewing, a true copy of which con- tract 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: Being a tract of land consisting of 102.92 acres of land out of Lots 3 and 4, Section 11, Bohemian Colony Lands, a map of which is recorded in Volume A, page 48 of the Nueces County Map Records: BEGINNING at the Southeast corner of said Lot 3 on the West boundary of Section 6 of the Flour Bluff & Encinal Farm & Garden Tracts, for the Southeast corner of this survey, from which corner a 1" iron pipe found in an old post bears South 61°32' East, 0.37 feet; THENCE North 61°32" West along the centerline of a 40 foot county road (County Road No. 26), at 2,626.67 feet pass a 1" iron pipe found on line at the Southwest corner of said Lot 3, and the Southeast corner of said Lot 4, in all a distance of 3,821.08 feet to a point on the Southeast right- of-way line of the Schanan Ditch, for the Southwest corner of this survey; THENCE North 61°39'00" East, along said Southeast right-of- way line, 1,577.14 feet to the North boundary of said Lot 4 for the Northwest corner of this survey; THENCE South 61°32'00" East, along the North boundary of said Lot 4, at 343.50 feet pass the Northeast corner of said Lot 4 and the Northwest corner of said Lot 3, and continuing South 61°32'00" East, along the North boundary of said Lot 3 in all a distance of 2,972.09 feet to the Northeast corner of said Lot 3 on the common boundary of Section 11, Bohemian Colony Lands and Section 5, Flour Bluff and Encinal Farm and Garden Tracts, for the Northeast corner of this,survey; THENCE South 29°05'00" West, along said common boundary which is also the original centerline of Everhart Road, at 1,313.15 feet pass a 1" iron pipe in concrete found at the Southwest corner of Section 5, and the Northwest corner of Section 6, both in Flour Bluff and Encinal Farm and Garden Tracts, in all a distance of 1,320.01 feet to the PLACE OF BEGINNING. There are 2.35 acres within the road rights-of-way. This tract contains 100.57 acres net. The above 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 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. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision' of this ordinance shall be held invalid or cunconstitutional 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 landowners desire 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 hecessity requiring the suspension of the Charter rule that no ordinance or resolution shall h?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 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 effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of February, 1981. ATTEST: ' // ity APPROVED: J. BRUCE By YCOCK, Assistant /4T/: TORNEY ttorney THE ITY OF CORPUS CHRISTI, TEXAS STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES G This Contract and Agreement made and entered into in duplicate originals by and between Edgar Moore and James Ewing, 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 hereafter 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 jurisdiction 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 a tract of land consisting of 102.92 acres of land out of Lots 3 and 4, Section 11, Bohemian Colony Lands, a map of which is recorded in Volume A, page 48 of the Nueces County Map Records: BEGINNING at the Southeast corner of said Lot 3 on the West boundary of Section 6 of the Flour Bluff & Encinal Farm & Garden Tracts, for the Southeast corner of this survey, from which corner a 1" iron pipe found in an old post bears South 61°32' East, 0.37 feet; THENCE North 61°32" West along the centerline of a 40 foot county road (County Road No. 26), at 2,626.67 feet pass a 1" iron pipe found on line at the Southwest corner of said Lot 3, and the Southeast corner of said Lot 4, in all a distance of 3,821.08 feet to a point on the Southeast right- of-way line of the Schanan Ditch, for the Southwest corner of this survey; THENCE North 61°39'00" East, along said Southeast right-of- way line, 1,577.14 feet to the North boundary of said Lot 4 for the Northwest corner of this survey; THENCE South 61°32'00" East, along the North boundary of said Lot 4, at 343.50 feet pass the Northeast corner of said Lot 4 and the Northwest corner of said Lot 3, and continuing South 61°32'00" East, along the North boundary of said Lot 3 in all a distance of 2,972.09 feet to the Northeast corner of said Lot 3 on the common boundary of Section 11, Bohemian Colony Lands and Section 5, Flour Bluff and Encinal Farm and Garden Tracts, for the Northeast corner of this survey; THENCE South 29°05'00" West, along said common boundary which is also the original centerline of Everhart Road, at 1,313.15 feet pass a 1" iron pipe in concrete found at the Southwest corner of Section 5, and the Northwest corner of Section 6, both in Flour Bluff and Encinal Farm and Garden Tracts, in all a distance of 1,320.01 feet to the PLACE OF BEGINNING. There are 2.35 acres within the road rights-of-way. This tract contains 100.57 acres net. 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. That all of 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 , 1981. Edgar Moore James Ewing ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF JANUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By R. Marvin Townsend, City Manager Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 19 xi 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 /4170115 THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was pass by the following vote: Luther Jones IF,. Edward L. Sample ,/✓/ Dr. Jack Best __ Jack K. Dumphy AO! Leopoldo Luna 4,. _ Betty N. Turner 1 Cliff Zarsky 16020