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HomeMy WebLinkAbout17517 ORD - 03/09/1983AN ORDINANCE ANNEXING A 5.10 ACRE TRACT OF LAND ABUTTING BURLESON STREET; AND DECLARING AN EMERGENCY. WHEREAS, on the 16th day of February, 1983, a public hearing was duly held at the Regular 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 a parcel or tract of land more fully described hereinafter, in Nueces County, Texas, 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 on February 16, 1983; and WHEREAS, the owner of the above lands are desirous of contracting with the City for annexation of said territory to the City of Corpus Christi; 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 area hereinafter more fully described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That theatract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Port of Corpus Christi Authority, is hereby annexed, said parcel or tract being more fully 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 unij 17517 SEP 2 81984 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 area shall hereafter be a part of the City of Corpus Christi, Texas, and shall be 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, and the ordinances, resolutions, laws, rules and regulations of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconsitutional 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 need for immediate annexation of the aforementioned land being in the best interest of the City, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed a d shall take effect upon first reading as an emergency measure this the day of--im}, ' ./7Y ATTEST: APPROVED: DAY OF �dffh1982 J. BRUCEYCO KC , CITY ATTORNEY By 19- As'si sfant-City tterney MAYOR THE C TY OF CORPUS CHRISTI, TEXAS ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between the Port of Corpus Christi Authority of 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.ir Nueces County, Texas, hereinafter called "City", for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: The Owner is owner in fee simple of all the follow- ing described property located in Nueces County, Texas, adja- cent to and adjoining Burleson Street which extends to 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 feet (300') of 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 leased to Hitox Corp. by Port of Corpus Christi Authority of Nueces County, Texas ("Authority"), 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 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- 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' East 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° 08' West along the Authority'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 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, 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. 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 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 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; for public ho ring to be held in the arca to be anncxcd. 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 CORPUS CHRISTI OF NUECES COUNT., T By: Tames . Storm` HORITY Eddie Galvan J Richard R. Valls Billy Anderpon Its Port Commissioners OWNER ATTEST: Edward A. Martin, City Manager City Secretary APPROVED: the day of J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney . By: , 1983 Assistant City Manager .1 (7 (q / 6° (.9. [ID c� 1 /. Jy SCALE "_ 4400!; !- iI V� Uxt Esa 785 Ac ON TN!$ MAP. / 7? /-\ / Cps Christi, xas ( day of , 1923 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 the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 175_'7 • 310463 AN ORDINANCE ROIL 817 IMAGE 436 ANNEXING A 5.10 ACRE TRACT OF LAND ABUTTING BURLESON STREET; AND DECLARING AN EMERGENCY. WHEREAS, on the 16th day of February, 1983, a public hearing was duly held at the Regular meeting of the City Council, following publication of due notice of said hearing in the official newspaper pursuant to Article it 970a, V.A.C.S., Texas, as amended, for the consideration of institution of proceedings for the annexation of a parcel or tract of land more fully described hereinafter, in Nueces County, Texas, 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 on February 16, 1983; and WHEREAS, the owner of the above lands are desirous of contracting with the City for annexation of said territory to the City of Corpus Christi; 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 area hereinafter more fully described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Port of Corpus Christi Authority, is hereby annexed, said • parcel or tract being more fully 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 17517 DEED RECORDS VOL1859PAGE 509 ROE c 817 IMicE 444 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I the undersigned, Acting Assistant City Secretary of the City of Corpus Christi, Texas, do certify that the foregoing is a true and correct copy of Ordinance No. 17517, passed and approved by the City Council of the City of Corpus Christi, Texas, on the. 9th day of March, 1983, as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 9th day of March , 1983. Fes• YA Xr •a� �a�asco-.,''.{•'oi}eke GP�m�r."'s='a. _ Dorothy Zahn Acting City Setar rATh OF TEXAS COUfITT OF NUECES 1 hereby certify that this Instrument was FILED OR!he date and at the time stampad hereon by me; and was duly RECORDED. in the Volume and Page cd the named RECORDS ol,8ueces County. Texas. as stamped hereon by me, on MARS d - 18 19'83' COUNTY CLERK, NUECES COUNTY. TEXAS in Ito Y n n m i' ' m Ca _ o H S • 1 , m VII -2 O co g DEED RECORDS .1 ii VOL1859PAGE 517