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Home My WebLink About16051 ORD - 02/18/1981AN ORDINANCE ANNEXING THE FOLLOWING TRACT OF LAND: A 102.92 ACRE TRACT, MORE OR LESS, OUT OF LOTS 3 AND 4, SECTION 11, BOHEMIAN COLONY LANDS, IN NUECES COUNTY, TEXAS, AND MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on the 4th day of February, 1981, 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 Article 970a, V.A.C.S, Texas, as amended, for the con- sideration of institution of proceedings for the annexation of a parcel or tract of land more fully described hereinafter, in Nueces County, Texas, 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 on February 4, 1981 and WHEREAS, owners of the above lands are desirous of contracting with the City for annexation of said territory to the City of -Corpus Christi; 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 area hereinafter more fully described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Edgar Moore and James Ewing, is hereby annexed, said parcel or tract being more fully 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; 16051 MICROFILMED 1 SgP 271984 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 area shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of Texas, the City Charter of the City of Corpus Christi and the -ordinances, resolutions, laws, rules and regulations of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. 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 necessity to immediately annex to the City of Corpus Christi the aforesaid land and to declare that the same shall hereafter be a part of the corporate limits of the City of Corpus Christi, 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 that such emergency and necessity exist, having requested the suspen- sion of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the /2 day of February, 1981. ATTEST: Ci �' cretaryry APP�2QUED: /p DAY OF FEBRUARY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City MAY THE TY OF CORPUS CHRISTI, TEXAS STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS Q COUNTY OF NUECES § 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 ofs 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 r a: LIATRr 'L1/3 Es•: tvai 0 \ .\ � if ' \� / SCALE 1 800' 4. �� ' �c' , \-, \'' '1 • Corpus//ppChristi, exas /p day o ,19Y1 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, MAYO The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky THE C Y OF CORPUS CHRISTI, TEXAS � by the following vote: I,i r following vote: 16051