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HomeMy WebLinkAbout17504 ORD - 03/02/1983AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PORT OF CORPUS CHRISTI AUTHORITY FOR THE ANNEXATION OF LAND ABUTTING BURLESON STREET; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; WHEREAS, the Port of Corpus Christi Authority is 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 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 16, 1983, 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 proceedings for the annexation of defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi, more particularly 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 16, 1983; 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 herei aft described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: " " SECTION -V. That the City Manager of the City of Corpus Christi is hereby authorized and directed to execute a contract between the City of MICROFILMED SEP 248. 19� Corpus Christi and the Port of Corpus Christi Authority, a true copy of which contract 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: TRACT "A" BEING 5.10 acres out of the premises leased to Hitox Corp. by the District, said point of beginning being the Southeast corner of Tract "A", said point being marked by a 5/8 inch iron rod located 30.00 feet north of the centerline of Burleson Street and 1,030.00 feet North 57° 52' West measured along the North right-of-way line of Burleson Street from a point, which point is the intersection of the North line of Burleson Street as recorded in Volume 1242, pages 190-198, inclusive, of the Deed Records of Nueces County, Texas, and the West right-of-way line of U.S. Highway 181 as presently designated. THENCE North 57° 52' West along the District's South line of the Rincon Industrial Park which line is an extension of the North right-of-way line of Burleson Street, a distance of 430.00 feet to a point, which point is located in the East right-of-way line of a 100 foot wide road and railroad right-of-way easement in the Rincon Industrial Park for the Southwest corner of Tract "A" and the Southwest corner of the premises leased to Hitox Corp. by the District. THENCE North 32° 08' East along the East boundary line of said 100 foot wide road and railroad easement, a distance of 465.00 feet to a point, marked by a 5/8 inch iron rod, said point being the Northwest corner of Tract "A", located in the East right-of-way line of said 100 foot wide road and railroad easement through the Rincon Industrial Park. THENCE South 57° 52' East along the North boundary line of Tract "A", a distance of 590.00 feet, to a point in the District's East property line of the Rincon Industrial Park for the Northeast corner of Tract "A". THENCE South 32° 08' West along the District's East property line of the Rincon Industrial Park, a distance of 135.00 feet, to a point, which point is an exterior corner of Tract "A". THENCE North 57° 52' West along a South interior line of Tract "A", a distance of 160.00 feet to a point, which point is marked by a 5/8 inch iron rod, for an interior corner of Tract "A". ' THENCE South 32° 08' West along the east boundary line of Tract "A", a distance of 330.00 feet to a point, marked by a 5/8 inch iron rod, said point being the Southeast corner of Tract "A", and the point of beginning and containing 5.10 acres of land, more or less. 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. THE STATE OF TEXAS;� COUNTY OF'. NUECES 'ANNEXATION `CONTRACT . :;; H t't. THIS CONTRACT AND'AGREEMENT made and entered into in duplicate' originals by and between the Port of Corpus Christi Authority o£ Nueces County, Texas, 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 inhand:received by the parties respectively`andjupon:the;covenants and conditions hereafter stated: ` WITNESSETH: The Owner'is.owner in feesimple of,all.the follow- ing described property located in NuecesCounty,,Texas, adja- cent to and. adjoining Burleson Street which'extends'to the corporate limits of the City of Corpui Christi, lying-wir611y within the extraterritorial jurisdiction of: -said city, and in whole or in part, within three hundred:feet_(300'j2of 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: TRACT "A" BEING 5.10 acres out of the premises leaeed to Hitox Corp. by Port of Corpus Christi Authority of Nueces County, Texas ("AutIiu_L..y"), : said point of beginning being the:Southeasr corner of Tract "A", said point being mai=ued by a 5/8 inch,iron,rod located 30.00 feet: north of the centerline of Burleson Street and 1,030.00 feet North 57° 52' West measured along the North right-of-way line of Burleson Street from a point, which point is the inter- section of the North line of Burleson Street as recorded in Volume 1242, pages 190-198, in- clusive,•of the Deed Records of Nueces County, Texas, and the West right-of-way line of U.S. Highway 181 as•presently designated. -1- Ex '4 THENCE North 57,'.52,, West along the Author--- ity's' South`line'of`the Rincon Industrial' ,Park which line is an extension of the North right-of-way line of'Burleson Street, a dis- tance of 430.00 feet to a point,•which point is located in the East right-of-way line of a 100 foot wide road and railroad right-of-way easement in the Rincon Industrial Park for the Southwest corner of Tract "A" and the Southwest corner of the premises leased to Hitox Corp. by the Authority. THENCE`North 32° 08' -East along the East boundary line of said 100 foot wide road`and''" railroad easement,'a distance of 465.00 feet - to a point, marked by a 5/8 inch iron rod, said point being the Northwest corner of Tract "A", located in the East right-of-way line of said 100 foot wide road and railroad easement through the Rincon°Industrial Park.•`- THENCE South 57°'52' Ea§t along the'North`. boundary line of Tract "A", a distance of 590.00 feet, to a point in the Authority's East property line of the Rincon,-Industrial Park for the Northeast corner of'Tract""A": THENCE South 32° 08West..aloing;the Authoritys-'' East property line of the Rincon Industrial Park, a distance of 135.00 feet, to a which point is an ' exterior corner` of Tract THENCE North 57° 52' West along a South in- '. terior line of Tract "A",a'distance of 160.00 '-- feet to a point, which point is marked by a 5/8 inch iron rod, fora; an interior corner Tract "A". ,t, • THENCE South 32° 08' West -along the east= boundary line of Tract :"A"; - a distance -of '330.00'7- feet 330.00'7- feet to a point, marked by a 5/8•inch iron rod, said point being the Southeast corner of ;Tract "A", and the point of beginning and containing 5.10 acres of land, more or less. 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 apart thereof, subject to the tares 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. -2- :e:;,�:s ze�:zx ksx.v:::�s. t." .c• Y.,Gf. ;Pa It is further agreed by. and between the parties that as an essential part of the consideration of this Con- tract, Owner and City will perform the following conditions: (1) The City agrees to commence provisions of fire, police, health, sanitation and other usual City services after the effective date of annexation; (2) Owner hereby agrees to waive the require rent of Article 970a, V.A.C.S., as eu.andcd for public hearing t to be annexed. It is further agreed that all of the above conditions shall be binding upon the successors and assigns of Owner and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS this 8th day of February, 1983. PORT F CORPUS CHRISTI 4QZ'HORITY 0 NUECES COUNT By: Richard R. Valls Billy AnderOn Its Port Commissioners OWNER ATTEST: Edward A. Martin, City mr,,flager City Secretary APPROVED: the day of J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney By: , 1983 Assistant City Manager • That the foregoing ordinances read for first time and p sed to its second reading on this the /4 day of , 19 , 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 ordinancnwpsiread for thp/s and time and pssed to its third reading on this the day of , 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. ��_� Dr. Charles W. Kennedy ��17%c�cee►.c Cliff Zarsky That the for going ordinanc- was on this the,.) d day of he ad for the ti d time and passed finally , 19 4:5 , by the following vote: ._ 1' 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 42e -day of , 19 P. ATTEST: APPIOVED: DAY OF J. BRUCE AYCOCK, CITY(FytTORNEY 4- orney MAYOR ..12704 / Aner ir THE CI Y OF CORPUS CHRISTI, TEXAS