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HomeMy WebLinkAbout18395 ORD - 08/07/1984AN ORDINANCE ANNEXING A PORTION OF TRACT 4, McINTYRE PARTITION OUT OF THE MARIANO LOPEZ de HERRERA GRANT, ABSTRACT NO. 606, OWNED BY EIGHTEEN EIGHTY NINE GROUP; AND DECLARING AN EMERGENCY. 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 July 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 tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Eighteen Eighty Nine Group, is hereby annexed, said parcel or tract being described as a portion of Tract 4, McIntyre Partition out of the Mariano Loepz de Herrera Grant, Abstract No. 606, as described by metes and bounds as follows: 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; 18995 tCROFILMCD SEP 2 81984 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. The above described area shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of Texas, the City Charter, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. 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. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs by annexing the heretofore described tract of land at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 7th day of August, 1984. ATTEST: 'I5214 C 1 cretaryy APPROVED:77 DAY OF AUGUST, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City MAYOR THE CITY CORPUS CHRISTI, TEXAS e ANNEXATION CONTRACT THE STATE OF TEXAS ff 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 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 I T N E S S E T 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 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 fora 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 BEGINNING, containing 4.75 acres, feet to the more or less. POINT OF 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 day of 1984. ATTEST: W.R. Durrill General -Partner. Eighteen Eighty Nine, Group ATTEST:' City Secretary Edward A. Martin APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY City Manager , 1984: By By Assistant City Attorney Assistatn City Manger ri CRf . . : Aitt 111 WIWI' urn Irr 4$40 • CITV Alp 3131 amir Atilt 111 rata off RIM F • 0IV:R 0 e .L .• t 1 4 • ”:47..•••• - 11114•24 ••••••••••• <a SCALE = _ . ' • • • ' ' - - • ••• •••• •-• /2.7 Corpus Christi, Texas 74 day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas ,1981 For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE C cY OF CORPUS CHRISTI, TEXAS The above ordinance was passed 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 1835.'6 FACT SHEET ANNEXATION DATA 4.75 ACRE TRACT The 4.75 acre area encompasses the unincorporated area of Tract 4, McIntyre Partition out of the Mariano Lopez de Herrera Grant Abstract #606 to the corporate limits of the City. The following is an outline of the general characteristics of the area: 1. Population 2. Residential Structures 3. Commercial/Industrial Businesses 4. Acreage 5. Length of Streets SERVICE PLAN 0 0 0 4.75 acres 0 miles Improvements to be constructed include water lines, drainage, and sanitary sewer facilities and gas service will be available. The City will assume maintenance of water lines and sanitary sewer lines if provided by the City after construction in accordance with the Platting Ordinance. Items to be provided in the Service Plan are as follows: 1. Public safety protection including protection will .be provided on the annexation. 2. City garbage and brush collection the effective date of annexation. 3. Building Inspection will commence at the time of annexation ordinance. .• fire and police effective date of will begin after of passage 4 The City Code Enforcement activity, which includes high weeds and grass, care -of -premises, and abandoned or junked automobiles, will be initiated after the effective date of annexation. aoi t 927 iN„cf 1395 390522 AN ORDINANCE DEED RECORDS VOL 1930 fl LE 316 ANNEXING A PORTION OF TRACT 4, McINTYRE PARTITION OUT OF THE MARIANO LOPEZ de HERRERA GRANT, ABSTRACT NO. 606, OWNED BY EIGHTEEN EIGHTY NINE GROUP; AND DECLARING AN EMERGENCY. 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 July 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 tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Eighteen Eighty Nine Group, is hereby annexed, said parcel or tract being described as a portion of Tract 4, McIntyre Partition out of the Mariano Loepz de Herrera Grant, Abstract No. 606, as described by metes and bounds as follows: 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; 18395