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Home My WebLink About18376 ORD - 07/31/1984AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EIGHTEEN EIGHTY NINE GROUP FOR THE ANNEXATION OF A PORTION OUT OF TRACT 4, McINTYRE PARTITION OUT OF THE MARIANO LOPEZ de HERRERA GRANT, ABSTRACT NO. 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, Eighteen Eighty Nine Group 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 Eighteen Eighty Nine Group, 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 Tract 4, McIntyre Partition out of the Mariano Lopez de Herrera Grant, Abstract No. 606, more fully described by metes and bounds as follows: 18376 SEP 2 8 1984 MICROFILMED DESCRIPTION of a portion of Tract 4, McIntyre Partition out of the Mariano Lopez de Herrera Grant, Abstract No. 606, as described in deed recorded in County Clerk's File No. 17762, on November 20, 1924, in the Deed Records, Nueces County, Texas, and being described as follows: BEGINNING at the intersection of the west right-of-way line of Farm -to -Market Road No. 1889, with the southern city limits line of the City of Corpus Christi, Texas; THENCE, S 9°58'02" W, along the west right-of-way of said Farm -to -Market Road 1889, 265.62 feet to a point, for a corner of this tract; THENCE, N 84°04'34" W, 771.05 feet to the southwest corner of this tract; THENCE, N 5°55'26" E, 264.96 feet to the northwest corner of this tract; THENCE, S 84°04'34" E 789.78 feet to the POINT OF BEGINNING, containing 4.75 acres, more or less. 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 Eighteen Eighty Nine Group, 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 iu 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 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 a portion of Tract 4, McIntyre Partition out of the Mariano Lopez de Herrera Grant, Abstract No. 606, as described in deed recorded in County Clerk's -- File No.`17762,_on November 20, 1924, in the Deed Records, Nueces County, Texas, and being described as follows: BEGINNING at the intersection of the west right-of-way -- line of Farm -to -Market Road No. 1889, with the southern city Limits line of the City of Corpus Christi, Texas; THENCE, S 9°58'02" said Farm -to -Market for -a corner of this THENCE, N 84°04'34" corner of this tract; THENCE, N 5°55'26" E of this tract; W, along the west right-of-way of Road 1889, 265.62 feet to a point, tract; W, 771.05 feet to the southwest , 264.96 feet to the northwest corner THENCE, S 84°04'34" E 789.78 feet to the POINT OF BEGINNING, containing 4.75 acres, more or less. It is agreed by and between the partis 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 day of 1984. ATTEST: W.R. Durrill General- Partner "-' -- • Eighteen Eighty -Nine -Group City Secretary Edward A. Martin - City Manager APPROVED: . • DAY OF , 1984: J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney Assistatn City Manger CR E 3F. . • - SC.ALE: = LiOis • F.: • 4.'4.. . • za,"; . , - o 4 ' • That the foregoing ordinance wau read for t first time and p s ed to its second reading on this the J1 "`day 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 read for third reading on this the .ZCf day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown se and time and s ed to its , 19, by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the forgggin ordinance .s r -ad for theNYJiird time and passed finally on this the �rlay ol, , 19 , by the followi i vote: IF I _moi Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Sl vik PASSED AND APPROVED, this the in4i day of ATTEST: Cit ecretary APPROVED: DAY OF , 191q : J. BRUCE AY OCK, CITY ATTORNEY Assist ity Attorn MAYOR THE CIT ' OF CORPUS CHRISTI, TEXAS 18376 , 1967' W.