HomeMy WebLinkAbout16602 ORD - 10/14/1981sp;10/14/81;3d
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
ROBERT LEE GREGORY, JR., ET AL, A TRUE COPY OF WHICH
CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A", AND INCLUDING THE EXHIBIT THERETO,
AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND
HEARING, FOR THE FUTURE ANNEXATION OF LOTS ONE THROUGH
TWELVE AND FOURTEEN THROUGH TWENTY, RIVER HILL SUB-
DIVISION, NUECES COUNTY, TEXAS, FINDING ALL OF SAID
LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURIS-
DICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, AND AD-
JACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLAR-
ING AN EMERGENCY.
WHEREAS, Robert Lee Gregory, Jr., et al, are owners in fee simple
of the described tract or parcel of land adjacent to the City of Corpus
Christi and wholly within its extraterritorial jurisdiction; and
WHEREAS, the said owners are desirous to contract with the City
for the annexation of said territory to the City of Corpus Christi at a
future date but not prior to December 31, 1985; and
WHEREAS, on October 14, 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 consideration of institution of
proceedings for the annexation of defined area wholly within the extraterri-
torial jurisdiction of the City of Corpus Christi 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 14, 1981; and
WHEREAS, it has been determined by the City Council that the
territory within said tract or parcel of land 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, Section 2c:
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 Robert Lee Gregory, Jr., et al, a true copy of which
contract is attached hereto and by this reference incorporated herein for
'16'802
SEP 271984
MICROFILMED
all purposes, including exhibits thereto, as though fully set forth herein,
for future annexation of land and territory described as Lots one through
twelve and fourteen through twenty, River Hill Subdivision as shown by map
or plat thereof recorded in Volume 33, Page 91, Map Records, Nueces County,
Texas, dated October 16, 1967.
The above described land, at a future date but not prior to
December 31, 1985, 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 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. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the fact
that the above named landowners desire to contract with the City for future
annexation prior to an uncoming annexation election and the City finds that
it is in the public interest to bring said territory into the corporate
limits, such finding of an emergency is made and declared requiring suspen-
sion of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this ordinance is passed and
shall take effect upon first reading as an emergency this
October, 1981.
ATTEST:
C' Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
day of
APP OVED:
DAY OF OCTOBER, 1981
J. BRUCE AYCOCK, CITY ATTORNEY
Assistant C.i / ttorney
ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
THIS CONTRACT AND AGREEMENT made and entered into in duplicate
originals by and between Robert Lee Gregory, Jr. and wife, Dixie Lee;
Murrel Douglas McCarty and wife, Reba Pauline; Mildred B. Modisette; Roy
Cody and wife, Doris; Darrell N. Sims and wife, Neva H.; James D. Kirk and
wife, Eileen C.; Max E. Horne, Jr. and wife, Jo Zell; George H. Nix and
wife, Marion; Hazel 9arwood; Gordon G. Mandt; John Marion Rogstad and wife
Marsha Ann; D. C. Rachal and wife, Betty; eiff-rm'zrrsity; Robert A. Sturgill
and wife, Bonnie M.; Howard R. Dunbar, Jr. and wife, Kathrine Ann; Glen
Humphrey, Jr. and wife, Betty Jean; Henry Jones; L. Dennis and wife,
Evelyn C.; Julian P. Garrett and wife, Stella R.; and R. W. Hale and wife,
Evelyn, owners, hereinafter called "OWNERS", and THE CITY OF CORPUS CHRISTI,
TEXAS, a home rule city of more than 200,000 population, a municipal corpora-
tion 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 condi-
tions hereinafter stated:
WITNESSETH:
That Owners are owners in fee simple and of all existing rights,
titles and interests therein of all the following described platted subdivi-
sion located in Nueces County, Texas, adjacent to the corporate limits of
the City of Corpus Christi, Texas, lying wholly within the extraterritorial
jurisdiction of said City and, generally delineated on the map attached
hereto and marked "Exhibit A", and being more particularly described as
follows, to -wit:
�Rh
Lots One (1) through Twenty (20) inclusive, River Hill
Subdivision, an addition adjacent to the City of Corpus
Christi, Texas, as shown by map or plat thereof record-
ed in Volume 33, Page 91, Map Records, Nueces County,
Texas, dated October 16, 1967.
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 77j2�
of Corpus Christi, as amended, and as further prescribed by Ordinance
No. 1139 of the City of Corpus Christi; provided, however, that in no event
shall the property described herein be annexed prior to December 31, Ise.
It is further agreed that for this contract for future annexation
1L
to be made valid and binding on all homeowners and other successors in
interest and assigns of River Hill subdivision, Owners hereby agree to Mak
impose on the subject land the duties, obligations, and liabilities under e Z ,'
this contract by deed restrictions or declarations of Covenants prior to
the sale of any portion of the subject subdivision to third parties.
Owners hereby agree to waive the statutory requirement of notice /�'
V
and public hearing pursuant thereto within the area proposed to be annexed. jpZ(
That all of the above conditions shall be binding upon the /1,4•)lA1
successors, heirs, and assigns of the said Owners and each of them, and 79za
e.
shall constitute covenants running with the land. �`
./%.152
WITNESS OUR HANDS, this dayof (Wyr- i ,
��"Tzrl�a ^ 19 .�,/
CITY OF CORPUS CHRISTI, TEXAS ATTEST:
. By
Acting City Manager �-
APPROVED: (/C(,» -6.i& ',( 7Jf
J. BRUCE AYCOCK, CITY ATTORNEY
By (-- �`
Assistant City Attorney
City Secretary
l2 4f),q,
Regarding River Hill, a Nueces County Subdivision:
Population about 65
Residential Structures 19
Commercial/Industrial Businesses 0
Acreage
9.5
Length of Streets 1050'
Estimated Valuation $950,000
Utilities:
Water - Nueces Co. Water & Imp. Dist. No.3
* Gas City of Corpus Christi
Electric - CP & L
Telephone - General Telephone Co.
Services:
Annaville Fire Department
* Corpus Christi Fire Dept.
Private garbage and brush
collection
Septic Systems re-
approved by'Corpus Christi-
Nueces County Health Dept.
* Limited Service
-OR -
"The 'ate that the section of the Wood River
Deveiopm_ t which adjoins t.e Southside of
River Hills subdivision, ..d which extends
southward to u 624 as been developed and
is 50% occupied, whic ever is the later date."
Lot No. 1
Lot No. 2
Lot No. 3
Lot No. 4
Lot No. 5
Lot No.
Lot No. 7
Lot No..8
Lot No. 9
OWNERS
.!'Robert Lee regory, Jr • Di`xih Lee regory //
Y! 7
GCs 71 t1�/`e //,//JJ; 7u �= / •ltt�
Murrell Dougl as' McCarty f .Reba Pauline McCarty
J 8M 62
Mildred B. Modisett
✓ Darrell ) Sims
rk
e, Jr.
George H. Nix
✓Doris Cody
i.�
„„/
Neva H. Sims
ileen C. Kirk
J25o2e11 Horne
"Marion Nix
e1� arwoo
Lot No. 10
-Gordon. Ma
Lot No. 11
Lot No. 12
Lot No. 13
Lot No. 14
Lot No. 15
d
o Marion gstad
L/D. C. Rachel
111 LarsKy
•tom
✓ Ma s a Ann Rogstad
0 1 ccC�G"
✓Betty Rac'
Robert A. Sturgill
,,Bonnie M. Sturgill
v/Ah61)(t(Chefithdl'it'' /t�• uin1‘i C4�'
Howard R. Dunbar, Jr. v athrine Ann Dunbar
Lot No. 16
Lot No. 17
Lot No. 18
Lot No. 19
Lot No. 20
1 Glen Humphrey, /Jr.
Betty an `rmphrey
enr Jones
L. 14 Dennis
Evelyn C. Dennis
i q l ian P. Garrett -Stella R. Garrett
• " rim . ���
✓R. W. Hale . .-Evely ale
•
THE STATE OF TEXAS
COUNTY OF NUECES f
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Robert Lee Gregory, Jr.
and Dixie Lee Gregory , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
of �,JJ""`
GJV� E UNDER MY HAND AND SEAL OF OFFICE this the : day
Notary Publicfie
in ad'd for
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared _ Murrell Douglas
McCarty and Reba Pauline McCarty , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY. HAND AND SEAL OF OFFICE this the IZX '''day
of L ,1981.
aka-- (-%
public in an
Notary for
County, Texas
u_4: F4
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared I Dennis
and Evelyn C. Dennis , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
of [�IVEN UNDER MY HAND AND SEAL OF OFFICE this the !A day
ti • , 1981.
Notar/ Public in anc�ror
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Julian P. Garrett
and Stella R. Garrett , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
of C�IVEN UNDER MY HAND AND SEAL OF OFFICE this the Z ef day
ie4,, .1981.
Notary Qublic in an
County, Texas
THE STATE OF TEXAS §
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for
County and State, on this day personally appeared R. W. Hale
and Evelyn Hale , his wife, both '
said
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
IV N UNDER MY HAND AND SEAL OF OFFICE this the z'a
of /y�� , 1981.
•
O�Ltdi _ -
Notary Pub is in and for
County, Texas
� 9l
day
THE STATE OF TEXAS §
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Howard R. Dunbar. Jr.
and Kathrinp Ann niinhar , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
[0 GIVE UNDER MY HAND AND SEAL OF OFFICE this the /Z4/ day
of ,p , 1981.
Notary Public in and f
County, Texas
THE STATE OF TEXAS §
COUNTY OF NUECES
•
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Glen Humphrey. Jr.
and Betty Jean Humphrey , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 'clay
of , 1981..
Notary Public Public in and for
County, Texas
•
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Henry donac
known to me to be the person whose name is sub-
scribed to the foregoing.instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
,� GIAVEN UNDER MY HAND AND SEAL OF OFFICE this the to z ,nay
of , 1981.
Notary Public in and for
County, Texas
THE STATE OF TEXAS f
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared D.C. Rachal
and Betty Rachal , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
WEN UNDER MY HAND AND SEAL OF OFFICE this the f day
L -
of A/A40.4- , 1981.
•
Notary Public in and for
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for
County and State, on this day personally appeared# -
known to me to be the person whose name is sub-
said
scribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 1981.
Notary Public in and for
County, Texas
THE STATE OF TEXAS f
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Robert A. Sturi lam_
known to me toand be the persons whoselnames are subscribedhis to both
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
VEIy- UNDER MY HAND AND SEAL OF OFFICE this the �, day
of , 1981.
Notary Public in and for
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES 1
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Ha7p1 Garwood
known to me to be the person whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that she
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 4z47 day''
of , 1981.
r•
Notary Public in an for
County, Texas
THE STATE OF TEXAS D
COUNTY OF NUECES 1
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Gordon G. Mandt
known to me to be the person whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
VE{N UNDER MY HAND AND SEAL OF OFFICE this the
of ,s/ , 1981.
day
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared John Marion Rogstad
known to me toand be theapersonsn whose names are subscribedhis to theeforoth
egoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
GVEN,UNDER MY HAND AND SEAL OF OFFICE this the % d olay
of 41,!61,a744-.., , 1981.
Notary Public in.and f r ,
County, Texas
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared James D. Kirk
and Eileen C. Kirk , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
,I.VVEEN�UNDER MY HAND AND SEAL OF OFFICE this the fo d day
of C'� , 1981.
Notary Public in a . for
County, Texas
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Max E. Horne. Jr_
and Jt je11 unrn. , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
JIVE UNDER MY HAND AND SEAL . Z OF OFFICE this the e day
�a� 1981
of
Notary Public in a
County, Texas --
THE STATE OF TEXAS 1
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared George H. Nix
and Marion Nix , his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
G VEN UN ER MY HAND AND SEAL OF OFFICE this the
of 1981.
Notary Public in and for
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Mildred B.
Modisette known to me to be the person whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that.she
executed the same for the purposes and consideration therein expressed.
G VEN UNDER MY HAND AND SEAL OF OFFICE this the G day
of beA..) , 1981.
Notary Public in end for
County, Texas
y4
THE STATE OF TEXAS
COUNTY OF NUECES f
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared__Roy Cod
and Doris Cody
known to me to be the persons whose names are subscribedhis to thewifforegoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
IVEN UNDER MY HAND AND SEAL OF OFFICE this the �_
day
of , 1981. AN
JUDY MY
Notaay Publ;c ate cf 7ok��
��7 enrnission Expirac 1J`-Shg y Public c
Notary Public i
County, Texas
for
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Darrell [. Sims
and Neva H. Sims his wife, both
known to me to be the persons whose names are subscribed to the foregoing
instrument, and acknowledged to me that they each executed the same for
the purposes and consideration therein expressed.
EVEN UNDER MY HAND AND SEAL OF OFFICE this the
061n , 1981.
JUDY LACY
I';O, ry Public, State of Texas
iA,rntn15sion Expires_
day
Notary Public in
County, Texas
THE STATE OF TEXAS
COUNTY OF NUECES
BEFORE ME, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY
ERNEST M. BRIONES, Acting City t"•anager OF THE CITY of
CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, KNOWN TO ME TO BE
THE PERSON AND OFFICER WHOSE NAME IS SUBSCRIBED TO THE FOREGOING
INSTRUMENT, AND ACKNOWLEDGED TO M£ THAT HE EXECUTED THE SAME AS THE
ACT AND DEED Or SAID CITY OF CORPUS CHRISTI FOR THE PURPOSES AND
CONSIDERATION THEREIN EXPRESSES AND IN THE CAPACITY THEREIN STATED.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
19
APPEARED
DAY OF
NOTARY PUBLIC IN AND FOR NUECES COUNTY,
TEXAS
Corpus Christi, Texas
/(04 day of j ,L.), 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully,
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones /
Betty N. Turner
Jack K. Dumphy /
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky C
1O2