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HomeMy WebLinkAbout17803 ORD - 08/24/1983AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND FINANCIAL CORPORATION OF AMERICA FOR THE ANNEXATION OF APPROXIMATELY 1.80 ACRES OF LAND BEING A PORTION OF PADRE ISLAND AS SHOWN ON THE BLUCHER AND NAISMITH SURVEY, NUECES COUNTY, TEXAS; 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, Financial Corporation of America 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 August 3, 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 August 3, 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 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 -SEP 28 IPPA MICROFILMED) 17803 Corpus Christi and Financial Corporation of America, a true copy of which contract is attached hereto and by this reference incorporated herein for all purposes, including exhibits thereto, as though fuilly set forth herein, for annexation of land and territory described as follows: FIELDNOTES for 1.80 acres of land on Padre Island and being a portion of Padre Island as shown on the Blucher and Naismith Survey and recorded on a map prepared by Blucher and Naismith, Inc., June 15, 1951, in Volume 4, Page 59 of the Miscellaneous Map Records of Nueces County, Texas: BEGINNING at a point on the Southeast right-of-way line of Windward Drive for the North corner of Lot 1, Block 45, Padre Island, Corpus Christi, Section A, a map of which is recorded in Volume 33, Pages 97, 98, 99 Map Records of Nueces County, Texas, and the West corner of this tract; THENCE in a Northerly direction, along said right-of-way with a circular curve to the left whose radius bears North 73° 49' 02" West 3,215.00 feet and which has a central angle of 01° 00' 21", 56.45 feet to the point of tangency which point of tangency is also the point of curvature of another circular curve to the left whose radius point bears North 74° 47' 23" West 375.56 feet and which has a central angle of 10° 09' 43"; THENCE along last mentioned curve to the left 66.61 feet for the North corner of this tract; THENCE South 65° 06' 30" East 697.95 feet for the East corner of this tract; THENCE South 26° 10' 50" West 109.47 feet for the South corner of this tract; THENCE North 66° 00' 57" West, at 116.86 feet pass the East corner of said Lot 1, Block 45, and continuing along the Northeast line of said Lot 1, in all a distance of 669.62 feet to the POINT OF BEGINNING. 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 j COUNTY OF NUECES j This Contract Agreement made and entered into in duplicate originals by and between Financial Corporation of America, 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 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 propertylocated. 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 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: FIELDNOTES for 1. 80 acres of land on Padre Island and being a portion of Padre Island as shown on the Blucher and Naismith Survey and recorded on a map prepared by Blucher and Naismith, Inc., June 15, 1951, in Volume 4, Page 59 of the Miscellaneous Map Records of Nueces County, Texas: BEGINNING at a point on the Southeast right-of-way line of Windward Drive for the North corner of Lot 1, Block 45, Padre Island, Corpus Christi, Section A, a map of which is recorded in Volume 33, Pages 97, 98, 99 Map Records of Nueces County Texas, and the West corner of this tract; THENCE in a Northerly direction, along said right-of-way with a circular curve to the left whose radius bears North 73°49'02" West 3,215. 00 feet and which has a central angle of 01°00'21', 56. 45 feet to the point of tangency which point of tangency is also the point of curvature of another circular curve to the left whose radius point bears North 74047'23" West 375. 56 feet and which has a central angle of 10°09'43"; THENCE along last mentioned curve to the left 66. 61 feet for the North corner of this tract; THENCE South 65°06'30" East 697.95 feet for tla East corner of this tract; • THENCE South 26°10'50" West 109. 47 feet for the South corner of this tract; THENCE North 66°00'57" West, at 116.86 feet pass the East corner of said Lot 1, Block 45, and continuing along tin Northeast line of said Lot 1, in all a distance of 669.62 feet to the POINT OF BEGINNING 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, Teas, 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 esntial part of the consideration of this Contract, Owner and City will perform the following conditions: 1. Owner agrees to comply- with all provisions of the Platting Ordinance; 2. City agrees to commence provision of fire, police, health, sanitation and other usual city services after the effective date of annexation; 3. City agrees to accept sewer, street and drainage fadlities after construction by owner according to City Platting Ordirance standards and agrees to maintain such facilities the reafte r. Itis 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 con- stitute covenants running with the land. WITNESS OUR HANDS, this the day of , 1983. ATTEST: Ed Marks, President Financial Corporation of America ATTEST: City Secretary Edward A. Martin, City Manager APPROVED: DAY OF S. BRUCE AYCOCK, CITY ATTORNEY , 1983: By By Assistant City Attorney Assistant City Manager y Y T. BARTHOLOMEW VENUE SCALE: 1" = L100' 6 • Lo Ca Pion M4P That the foregoing ordinance read for first ime and pa d to its second reading on this the day of , 19 13 , 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 was read for e second time and passed to its third reading on this the VI day of , 19 V3, 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 forego ordinan as read for the rd time and passed finally on this the 0 day of _ �, , 19 , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley 11_ Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky/ //�� PASSED AND APPROVED, this the �ij"'d'aUy of , 19 a =5. ATTEST: QjL C Secretary����— APpgg,OVED: / CJ DAY OF J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE C Y OF CORPUS CHRISTI, TEXAS 17803