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Home My WebLink About17048 ORD - 05/19/1982lw.4-30-82;lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ANNEXATION OF 1.3 ACRES OUT OF THE NUECES-RIVER IRRIGATION PARK ANNEX NO. 1, WEST OF THE CALALLEN HIGH SCHOOL TRACT. WHEREAS, Vic Cours is the owner 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 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 April 28, 1962, 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 particularly described by metesand 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 April 28, 1982; 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 constitutes 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: 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 Vic Cours, 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: 17048 tAICROMMED ? 2, 1984 BEING a parcel of 1.30 acres of land, more or less, out of Nueces River Irrigation Park Annex No. 1, a map of which is recorded in Volume A, Page 55, Map Records of Nueces County, Texas: - BEGINNING at a point on the East boundary of said Nueces River Irrigation Park Annex No. 1 for the Southeast corner of this tract from which corner the Southeast corner of said Nueces River Irrigation Park Annex No. 1 bears South 090 51 00" West 299.74 feet, more or less; THENCE North 84° 18' 00" West 565.85 feet, more or less, for the Southwest corner of this tract; THENCE North 090 53' 00" East 99.75 feet, more or less, for the Northwest corner of this tract; THENCE South 84° 18' 00" East 565.87 feet, more or less, for the Northeast corner of this tract; THENCE South 090 51' 00" West 99.75 feet, more or less, for the POINT OF BEGINNING. 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 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. ANNEXATION CONTRACT THE STATE -OF TEXAS COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between Vic Cours, ,hereinafter called "owner", and the City of Corpus Christi, Texas, a home -rule city of more than Z00,000 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 con- sideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated. WITNESSETH: The 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') of the City's present corporate limits, generally delineated on the map attached hereto and marked Exhibit "A", andbeing more particularly described as follows, to -wit: FIELDNOTES for 1.30 acres of land, more or less, out of Nueces River Irrigation Park Annex No. 1, a map of which is recorded in Volume A, Page 55, Map Records of Nueces County, Texas:, BEGINNING at a point on the east boundary of said Nueces River Irri- gation Park Annex No. 1 for the southeast corner of this tract from which corner the southeast corner of said Nueces River Irrigation Park Annex No. 1 bears south 09051'00" west 299.74 feet, more or less; THENCE north 84018'00' west 565.85 feet, more or less, for the south- west corner of this tract; THENCE north 09053'00" east 99.75 feet, more or less, for the north- west corner of this tract; THENCE south 84°18'00" east 565.87 feet, more or less, for the northeast corner of this tract; THENCE south 09°51'00" west 99. 75 feet, more or less, for the POINT OF BEGINNING. It is agreed by and between the parties hereto that the abox.re-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 , e Article 1, 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. ' It is further agreed by and between the parties that as an essential part of the consideration of this Contract, Owner and City will perform the following conditions: 1. Owner agrees to dedicate a five foot (5') strip of land along the west side of the area being annexed as well as the area. already inside theCityto F. M. 624 for a future street from F. M. 624 to the north; Owner agrees to pay $800 per acre (1. 30 acres x $800 = $1,040) to be placed in a fund to develop a permanent sanitary sewer system in the area per the master plan. Payment to be made at the time the final plat is released for filing at the County Court- house, 3. Owner 'agrees to furnish to the City the necessary number of 3-1/2' bury fire hydrants, 6" gate valve mechanical joint, valve box, and a 6" x 6" mechanical joint fee for installation along F.M. 624 for fire protection as per the City Water Distribution Standards; 4. Owner agrees to comply with all provisions of the Platting Ordinance; 5. The City agrees to commence provisions of fire, police, health, sanitation and other usual City services after the effective date of annexation; 6. Owner hereby agrees to waive the requirement of Article 970a, V. A. C. S . , as amended for public hearing to be held in the area to be annexed. It is further agreed 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 , 1982. ATTEST: City Secretary APPROVED: DAY OF Edward A. Martin City Manager J. BRUCE AYCOCK, CITY ATTORNEY By , 1982: By Assistant City Attorney Assistant City Manager That the foregoing ordinance was read for the first time and passed to its second reading on this the day of -1-YMC),./r, 19"6CD-- , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance w read for t second time a d p ssed to its third reading on this the day of , 19 , by the following vote: Luther Jones Betty N. Turner Jack K:-b-umphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy CI i ff Zarsky That the foregoing ordinance was d for the thi time and passed finally on this the /7 day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the day of , 1982' . ATTEST: , 19 2; by the following vote: Cit Secretary A.PMED: DAY OF , 19)4 J. BRUCE AYCOCK, 1,1,TY TTORNEY ( MA 'iR THE 1 TY OF CORPUS CHRISTI, TEXAS 17048