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
•
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SCALE l''.. 200'
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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