HomeMy WebLinkAbout17842 ORD - 09/21/1983•
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PENDARIS
CORPORATION FOR THE ANNEXATION OF APPROXIMATELY 10.74
ACRES OF LAND OUT OF A 205.8 ACRE TRACT OF THE MARIANO L.
DeHERRERA GRANT, ABSTRACT 606, 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, Pendaris Corporation 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 September 7, 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
September 7, 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
17842
ISEP 2a4
MICROFILMED
e
r
Corpus Christi and Pendaris Corporation, 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:
FIELDNOTES for 10.74 acres of land proposed for
annexation out of a 205.8 acre tract of the Mariano L.
DeHerrera Grant, Abstract 606 as conveyed by Bess L. Hurd
et vir, to Nina G. Stewart by deed dated August 29, 1940
and recorded in Volume 261, Page 235, Deed Records of
Nueces County, Texas:
COMMENCING at a point on the North boundary line of
Nueces River Irrigation Park Annex No. 2, a map of which
is recorded in Volume A, Page 55, Map Records of Nueces
County, Texas for the Southeast corner of Lot 1, Block
17, Wood River Unit 2, a map of which is recorded in
Volume 45, Pages 190-192, of said Map Records; then North
79°34'40" West, along the common boundary line of said
Nueces River Irrigation Park Annex No. 2 and Lot 1, Block
17, 15.79 feet to a point for a corner of said Lot 1 and
the Northwest corner of Nueces River Irrigation Park
Annex No. 2; thence South 10°13'00" West, along the West
boundary line of said Nueces River Irrigation Park Annex
No. 2, 1320.22 feet to an angle point on the existing
North boundary line of Farm -to -Market Road No. 624
(Bluntzer Road) for the Southeast corner and the POINT OF
BEGINNING of this tract;
THENCE North 83°47'00" West, along the above mentioned
North line of F.M. No. 624, 602.45 feet for the point of
curvature of a circular curve to the right which has a
central angle of 90°00'00" a radius of 10.00 feet and a
tangent distance of 10.00 feet and an arc length of 15.71
feet;
THENCE with said curve to the right. 15.71 feet for the
point of tangency on the East boundary line of Wood River
Drive for the Southwest end of this tract;
THENCE North 06°13'00" East, along the East boundary line
of Wood River Drive 569.63 feet for the point of
curvature of another circular curve to the right which
has a central angle of 09°10'57", a radius of 817.654
feet, a tangent distance of 65.66 feet and an arc length
of 131.04 feet;
THENCE with said circular curve to the right 131.04 feet
for the point of tangency and the Northwest corner of
this tract;
THENCE South 87°57'20" East, leaving said East boundary
line of Wood River Drive, 656.71 feet to a point on the
West boundary line of said Nueces River Irrigation Park
Annex No. 2 for the Northeast corner of this tract.
THENCE South 10°13'00" West along the above mentioned
West boundary line of Nueces River Irrigation Park Annex
No. 2, 759.74 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
e
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 Pendaris Corporation, hereinafter called "owners", 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 stared.
W I T N E S SETH :
The owners are owners in fee simple and of all existing rights, titles
and interests therein of all the following described proeprty 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 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 10.74 acres of land proposed for annexation out
of a 205.8 acre tract of the Mariano L. DeHerrera Grant, Abstract 606
as conveyed by Bess L. Hurd et vir, to Nina G. Stewart by deed dated
August 29, 1940 and recorded in Volume 261, Page 235, Deed Records
of Nueces County, Texas:
CONNENCING at a point on the North boundary line of Nueces River
'Irrigation Park Annex No. 2, a map of which is recorded in Volume A,
Page 55, Map Records of Nueces County, Texas for the Southeast
corner of Lot 1, Block 17, Wood River Unit 2, a map of which is
recorded in Volume 45, Pages 190-192, of said Map Records; then
North 79034'40" West, along the common boundary line of said Nueces
River Irrigation Park Annex No. 2 and Lot 1, Block 17, 15.79 feet
to a point for a corner of said Lot 1 and the Northwest corner of
Nueces River Irrigation Park Annex No. 2; thence South 10013'00"
West, along the West boundary line of said Nueces River Irrigation
Park Annex No. 2, 1320.22 feet to an angle point on the existing
North boundary line of Farm -to Market Road No. 624 (Bluntzer Road)
for the Southeast corner and the POINT OF BEGINNING of this tract;
THENCE North 83047'00" West, along the above mentioned North line
of F.M. No. 624, 602.45 feet for the point of curvature of a
circular curve to the right hich has a central angle of 90000'00"
a radius of 10.00 feet and a tangent distance of 10.00 feet and an
arc length of 15.71 feet;
THENCE with said curve to the right, 15.71 feet for the point of
tangency on the East boundary line of Wood River Drive for the
Southwest end of this tract;
THENCE North 06013'00" East, along the East boundary line of
Wood River Drive 569.63 feet for the point of curvature of another
circular curve to the right which has a central angle of 09010'57",
a radius of 817.654 feet, a tangent distance of 65.66 feet and an
arc length of 131.04 feet;
THENCE with said circular curve to the right 131.04 feet for the
point of tangency and the Northwest corner of this tract;
THENCE South 87057'20" East, leaving said East boundary line of Wood
River Drive, 656.71 feet to a point on the West boundary line of said
Nueces River Irrigation Park Annex No. 2 for the Northeast corner of
this tract.
THENCE South 10013'00" West along the above mentioned West boundary
line of Nueces River Irrigation Park Annex No.2, 759.74 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, 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 asan essential
part of the consideration of this Contract, Owners and City will perform the
following conditions:
1. City agrees to commence provisions of fire, police, health, sanita-
tation and other usual city services after the effective date of
annexation.
2. City agrees to accept sewer, street and drainage facilities after
construction by owner according to City Platting Ordinance
standards and agrees to maintain such facilities thereafter.
3. Owner agrees to comply with all provisions of the Platting Ordinance.
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 , 1983.
ATTEST:
William H. Holland, President
ATTEST:
City Secretary Edward A. yfyrtin
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
City Manager
, 1983:
By By
Assistant City Attorney Assistant City Manager
•
That the foregoing ordinance %vas read for thfiyst tiirle and p d to its
second reading on this the 11`0:1. day of T�j��jW19 by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinanceas read for
third reading on this the f day of ,k
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
condomtime andsed to its
, 199 , by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foroigig ordinance as/ read or the tlid time and passed finally
on this the /�f day of re,,,, , 19 j'' , by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the 0:44/ day of
ATTEST:
/Gi7Gt� , 19 g5.
.
/City'Secretary
APPROVED:
7 DAY OF , 19
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
17842
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS, las:
County of Nueces. J
AD#12183
City of C.C.
Before me, the undersigned, a Notary Public, this day personally came
GRACIE DE LUNA ., who being first duly sworn, according to law, says that he is the
ADM. ASST. SECRETARY of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
NOTICE OF PASSAGE OF ORDINANCE NO. 17742...
of which the annexed is a true copy, was published in CALLER -TIMES PUBLISHING CO.�
on the.4 th - day of
consecutive.
August
1983., and once each slay.._ thereafter for one
day
One Times.
39.60
GRACIE DE LUNA
ADM. ASST. SECRETARY 83
Subscribed and sworn to before me this 14th dad of sen eml�.ex...._......... 19
EDNA KOSTER
—Notary Pubflc, eco esC County, Texas
NOTICE OF PASSAGE
F ORDINANCE NO 177atk
I-" ROl-LD NG DEF IN
TIONS,'' PROVIDING FOR
'''lIISSS
,1ISSUANCEOF A PERMIT
TO`ANY PERSON WHO
OPERATES OR CAUSES
TO OPERATE CERTAIN
ALARM SYSTEMS, PRO.
VIDING FOR SERVICE
—FEES-- FOR CITY
RESPONSES TO EXCES-
; SIVE FALSE ALARMS;
PROVIDING FOR REVO-
i CATION OF PERMITS,
7 APPEAL FROM SERVICE
t FEE) DENIAL OR REVO-
N OF A
t PR0V4DING STAND RIDS
T FOR; -ALARM PROTEC-
TIVE SERVICES AND
MA'AM SYSTEM OPERA-
TIQN; PROVIDING AN
EEEECTIVE DATE OF 120
DAYS AFTER PUBLICA-
1. TION7 PROVIDING A
c SEVERANCE CLAUSE;,
AND PROVIDING A PER.
: NALTY,
aWas passed and approved
by the City Council of the
City of Corpus Chnsti, Tex-
t' as on the 27th day of July
1 1983 The aid
I ordinance Isavailable text t
va labletosthe
public In the Office of the
City Secretary. 1
s -Bill G Read
City Secretary I
s, - —Corpus Christi Texas 1