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HomeMy WebLinkAbout18375 ORD - 07/31/1984AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LAKE PLACID TOWNHOMES, INC. FOR THE ANNEXATION OF A PORTION OUT OF LOTS 31 AND 32, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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, Lake Placid Townhomes, Inc. 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 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 Lake Placid Townhomes, Inc., a true copy of whieh 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 31 and 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, more fully described by metes and bounds as follows: M1CROE1LMED 18315 SEP 2 81984 DESCRIPTION of 1.63 acres of land, more or less, out of Lots 31 & 32, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43 of the Map Records of Nueces County, Texas, said 1.63 acre tract of land is further described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at the southernmost corner of said Lot 31 for the southernmost corner of this tract; THENCE along the southwest boundary line of said Lots 31 and 32 N 61°02'35" W 1160.00 feet, more or less, to a point on the present east right-of-way line of Rodd Field Road for the southwest corner of this tract; THENCE in a northwesterly direction, along said right-of-way line, a distance of 70.00 feet, more or less, to a point on the present city limit line for the northeast corner of this tract; THENCE S 61°02'35" E 1200.00 feet, more or less, along the present city limit line, to a 5/8" iron rod set in the southeast boundary line of said Lot 31 for the easternmost corner of this tract; THENCE, S 28°59'10" W 60.00 feet along said southeast boundary line of Lot 31 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 0 COUNTY OF NUECES 0 This Contract and Agreement made and entered into in duplicate originals by and between Lake Placid Townhomes, Inc., 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 -stated. W ITNESSET H: 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 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: Description of 1.63 acres of of Lots 31 &- 32, Section 27, Farm and Garden Tracts, a map Volume A, Pages 41-43 of the Map Texas, said 1.63 acre tract of by metes and bounds as follows: land, more or less, out Flour Bluff and Encinal of which is recorded in Records of Nueces County, land is further described BEGINNING at 'a 5/8" iron rod found at the southernmost corner of said Lot 31 for the southernmost corner of this tract; - - -- - THENCE along th o southwest boundary" line of said Lots 31 and 32 N 61 02'35" W 1160.00 feet, more .or less, to a point on the present east right-of-way* line of Rodd Field Road for the southwest corner of this tract; THENCE in a northwesterly direction, along said right-of-way line, a distance of 70.00 feet, more or less, to a point on; the present City Limit line for the northeast corner of this tract; THENCE S 61°02'35" E 1200.00 feet, more or less, along the present City Limit line, to a 5/8" iron rod set in the southeast boundary line of said Lot 31 for the easternmost corner of this tract; THENCE S 28°59'10" W 60.00 feet along said southeast boundary line of Lot 31 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 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 facilities 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 ATTEST: Nixon McNeil _ President Lake Placid Townhomes, ATTEST: Inc. day of 1984. City Secretary Edward A. Martin City Manager APPROVED: DAY OF , 1984: J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager • 11 SRRATOGA ; 101-11 I.2 1 eout.EWIRD . -.., • SCALE l''.. 200' -c) A. • ••••-, -T -71,71 _ That the foregoing ordinance was read for tr first time and p s5ed to its second reading on this the / %I4tday 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 wap read for third reading on this the 4,,t day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown e second time and qped to its , 19X9 , by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the for pi ordinanr wa read for theiird time and passed finally on this the c/otday of ,�. _ .., 19A by the following vote: Leo Guerrero / Dr. Charles W. Kennedy /1, _ Joe McComb / Frank Mendez / _ Mary Pat Slavik / Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown PASSED AND APPROVED, this the .64,1 day of ATTEST: APPROVED:. l//G DAY OF tr , 198`f : J. BRUCE AYCOCK, CITY ATTORNEY By ssis a j amity Attoroey MAYOR 9 THE CITY OF CORPUS CHRISTI, TEXAS 18375