HomeMy WebLinkAbout18476 ORD - 09/18/1984AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND INTEREST
DIVERSIFICATION GROUP, INC. FOR THE ANNEXATION OF
APPROXIMATELY 3.18 ACRES OF LAND OUT OF LOT 22, SECTION 5,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES
COUNTY, TEXAS, BEING PLATTED AS POLO ESTATES; 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, Interest Diversification Group, 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, public hearings were duly held on August 30, 1984, and on
September 4, 1984, at the Regular Council meeting of the City Council, 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 September 4, 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 Interest Diversification Group, Inc., 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 follows:
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A 3.1806 acre tract of land, out of Lot 22, Section 5, of
the Flour Bluff and Encinal Farm and Garden Tracts, a map
is recorded in Volume A at Pages 41-43 of the Nueces
County, Texas, Map Records, a metes and bounds
description follows:
BEGINNING at a 5/8 inch iron rod found to mark the
Northeast or most East corner of Lot 22, Section 5, of
the Flour Bluff and Encinal Farm and Garden Tracts as
stated above, to mark the Northeast corner of this tract
and the place of beginning for this survey;
THENCE, South 29°01'00" West, at 20.00 feet found a 5/8
inch iron rod marking the Southwest line of County Road
No. 26, in all 494.21 feet to a 5/8 inch iron rod found
the mark the most South or Southeast corner of this
tract;
THENCE, North 61°01'30" West, 280.35 feet to a 5/8 inch
iron rod set to mark the most West or Southwest corner of
this tract;
THENCE, North 29°01'00" East at 474.21 feet to a 5/8 inch
iron rod on the Southwest line of County Road No. 26, in
all 494.21 feet to a 5/8 inch iron rod set to mark the
most North or Northwest corner of this tract;
THENCE, on the centerline of County Road No. 26, the
Northeast line of Lot 22, South 61°01'30" East, 280.35
feet 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 CF TEXAS )
COUNTY OF NUECES X
•.
This Contract and Agreement made and entered into in duplicate originals
by and between Interest Diversification Group, 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' is 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:
A .3.1806 acre tract of land, out of Lot 22, Section 5, of the Flour
Bluff and Entine/ Farm and Garden Tracts, a map is recorded in -Volume A
at Pages 41-43 of the Nueces County, Texas Nap Records, a metes and
bounds description follows:
BEGINNING at a 5/8 inch iron rod found to mark the Northeast or most -
East corner of Lot 22, Section 5, of the Flour Bluff and Encinal Farm _
and Garden Tracts as stated above, to mark the Northeast corner of this _
tract and the place of beginning for this survey;
THENCE, South 29°01'00".West, at 20.00 feet found a 5/8 inch iron rod
marking the Southwest line of County Road No. 26, in all 494.21 feet to
a 5/8 inch iron rod found the mark the most South or Southeast corner of
this tract;
THENCE, North 61°01'30" West, 280.35 feet to a 5/8 inch iron rod set to
mark the most West or Southwest corner of this tract:
THENCE, North 29°01'00" East at 474.21 feet to a 5/8 inch iron rod on
the Southwest line of County Road No. 26, in all. 494.21 feet to a 5/8
inch iron rod set to mark the most North or Northwest corner of this
tract;
THENCE, on the centerline of County Road No. 26,' the Northeast line of
Lot 22, South 61°01'30" East, 280.35 feet 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. The owners agree _to comply with all provisions of the Platting
Ordinance.
•
2 City agrees to commence provision of fire, police, health, sanita—
tion 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 Stan—
dards 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 HAIRS, this the
ATTEST:
Ron Perry, Presiiient
ATTEST:
day of , 1984.
City Secretary . Edward A. Martin, City Manager
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
1984:
By By
Assistant City Attorney - Assistant City Manager
TIMSZT0..€
"s.
•••
• •••
That the foregoing ordinance w read for t first time and passed to its
second reading on this the 'i
ay of ytxirriitt.) , 19,fi , 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 whs read for a econ time
third reading on this the //vX. day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
and pp��}}s ed to its-
, 194r , by the
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the for ppiing ordi ce was rad for thepffi ird time and passed finally
.on this the l w` day of rvrr , 19417 , by the followi g vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
PASSED AND APPROVED,
ATTEST:
�tl,G [�
Cit Secretary
this
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
A.1917,4 -1 -
the /kiay of
J. BRUCE-jAYCOCK, CITY ATTORNEY
By
Assistant C j7 /Attorney
MAYOR
THE C Y OF CORPUS CHRISTI, TEXAS
, 19 d j .
18476