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.
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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.
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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
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Aner
ir
THE CI Y OF CORPUS CHRISTI, TEXAS