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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