HomeMy WebLinkAbout18374 ORD - 07/31/1984AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CHARLES J.
SMITH AND MICHAEL E. JOHNSON FOR THE ANNEXATION OF A PORTION
OUT OF LOTS 1 AND 2, BLOCK 1, NUECES RIVER IRRIGATION PARK,
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, Charles J. Smith and Michael E. Johnson are owners 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 owner is desirous of contracting with the City for
the annexation of said territory to the City of Corpus Christi; and
WHEREAS, on July 16, 1984, and July 17, 1984, public hearings were
duly held 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 June 17,
1984; 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 Corpus
Christi and Charles J. Smith and Michael E. Johnson, 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 a portion of Lots 1 and 2, Block
1, Nueces River Irrigation Park, more fully described by metes and bounds as
follows:
18374
SEP 2 81994
MIGR.O ILMED
BEING 24.469 acres of land, more or less, out of a 39.233
acre tract described in Volume 1723, Page 646, Deed Records
of Nueces County, Texas, and being a portion of Lot 1 and
Lot 2, Block 1 of the Nueces River Irrigation Park recorded
in Volume A, Page 54, Map Records of Nueces County, Texas,
and said 24.469 acre tract being more particularly described
by metes and bounds as follows:
BEGINNING at the northeast corner of this tract, said corner
being on the west right-of-way line of U.S. Highway No. 77
and bearing S 10°04'19" W, 391.27 feet from a one inch iron
rod at the eastmost northeast corner of said 39.233 acre
tract, said iron rod also being the southeast corner of
Lot 1, Block 1, Riverside Development Tract No. 1, recorded
in Volume 40, Page 194, Map Records of Nueces County, Texas;
THENCE S 10°04'19" W, along the west R.O.W. line of
Highway 77, the same being the east boundary of this tract,
628.72 feet to another corner of this tract;
THENCE continuing S 03°34'24" W, along said R.O.W. line and
the east boundary line of this tract, 12.67 feet, to the
southeast corner of this tract;
THENCE N 84009'00" W, along the south boundary of this tract
and leaving said R.O.W. line, 1242.15 feet, to the southwest
corner of this tract, said corner also being the southeast
corner of the Riverside Hospital Tract recorded in
Volume 47, Pages 125 and 126, Nueces County Map Records;
THENCE N 10°00'00" E, along the west boundary of this tract,
the same being the east boundary of said Riverside Hospital
Tract, 884.44 feet to a 5/8 -inch road for the northwest
corner of this tract;
THENCE S 84°15'00" E, along the north boundary of this tract
and leaving said Riverside Hospital Tract boundary line, at
581.53 feet pass a 5/8 -inch iron rod, in all 1187.40 feet to
the point of beginning and containing 24.469 acres of land,
more or less.
THIS description has been prepared from deed of records and
Urban Engineering's survey of a 39.09 acre tract out of
Lots 1 and 2, Block 1, Nueces River Irrigation Park dated
November 1, 1983.
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
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate
originals by and between Charles J. Smith and Michael E. Johnson, hereinaf-
ter called "owners", and the City of Corpus Christi, Texas, a home -rule
city of more than 20,000 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 -owners are owners in fee simple and of all existing rights,
titles and interests therein of all the following described property
located in Nueces County, Texas, adjacent to and adjoining the corporate
limits of the City of Corpus Christi, lying wholly within the extraterri-
torial 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:
BEING 24.469 acres of land, more or less, out of a 39.233
acre tract described in Volume 1723, Page 646, Deed Records
of Nueces County, Texas, and being a portion of Lot 1 and Lot
2, Block 1 of the Nueces River Irrigation Park recorded in
Volume A, Page 54, Map Records -of Nueces County, Texas, and
said 24.469 acre tract being more particularly described by
metes and bounds as follows:
BEGINNING -at-the northeast corner of this tract, said corner
being on the --west right-of-way line of U.S. Highway No.. 77
and 'bearing-S10°04'I9"W, 391.27 feet from a one inch iron rod
at the eastmost northeast corner of said.39.233 acre tract,
said iron rod also being the southeast corner of Lot 1, Block
1, Riverside Development Tract No. 1, recorded in Volume 40,
Page 194, Map Records of Nueces County, Texas;
THENCE S10°04'19"W, along the west R.O.W. line of Highway 77,
the same being the east boundary of this tract, 628.72 feet
to another corner of this tract;
THENCE continuing S03°34'24"W, along said R.O.W. line and the
east boundary line of this tract, 12.67 feet, to the south-
east corner of this tract;
THENCE N84°09'00"W, along the south boundary of this tract
and leaving said R.O.W. line, 1242.15 feet, to the southwest
corner of this tract, said corner also being the southeast
corner of the Riverside Hospital Tract recorded in Volume 47,
Pages 125 and 126, Nueces County Map Records;
THENCE N10°00'00"E, along the west boundary of this tract,
the same being the east boundary of said Riverside Hospital
Tract, 884.44 feet to a 5/8 -inch road for the northwest
corner of this tract;
THENCE S84°15'00"E, along the north boundary of this tract
and leaving said Riverside Hospital Tract boundary line, at
581.53 feet pass a 5/8 -inch iron rod, in all 1187.40 feet to
the point of beginning and containing 24.469 acres of land,
more or less.
THIS description has been prepared from deed of records and
Urban Engineering's survey of a 39.09 acre tract out of Lots
1 and 2, Block 1, Nueces River Irrigation Park dated November
1, 1983.
It is agreed by and between ,the parties hereto that the above-
described land and territory shall be included within the corporate bound-
aries of the City of Corpus Christi, Texas, and shall become a part there-
of, 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 Contract, Owners and City will perform
the following conditions:
1. Owners agree 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 facil-
ities after construction by owner according to City
Platting Ordinance standards and agrees to maintain such
facilities thereafter.
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 , 1984.
ATTEST:
Charles J. Smith
Partner
ATTEST:
City Secretary Edward A. Martin
APPROVED:
J. BRUCE AYCOCK, CITY ATTORNEY
DAY OF
City Manager
, 1984:
By By
Assistant City Attorney
Assistant City Manager
""•.;•':
•
G. FAR
•
pla..771-1
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INC
;CALE 1" 400.
G. PARI AS GRANT
That the foregoing ordinance was read for t S first time and p s d to its
second reading on this the / 7ay of ��, , 19, by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance wa ead for
third reading on this the 2$ay of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
That the for i g ordinance
on this the / 1 day o
Luther Jones /
Betty N. Turner !/
David Berlanga, Sr.
Welder Brown
e second time and p ed to its
, 19, by the
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
ad for the /»ird time and passed finally
, 19 JJ , by the followin. vote:
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb I
/
Frank Mendez ! ,
Mary Pat Sl vik , ' /
PASSED AND APPROVED, this the /p7 day of
ATTEST:
APPROVED:
/ DAY OF iy , 19877/:
J. BRUC COCK, CITY ATTORNEY
By
Asses n City Attor y 0
MAYOR
/1//
THE C • Y OF CORPUS CHRISTI, TEXAS
18374