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HomeMy WebLinkAbout18480 ORD - 09/25/1984AN ORDINANCE ANNEXING A 3.18 ACRE TRACT OUT OF LOT 22, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY INTEREST DIVERSIFICATION GROUP, INC., AND PLATTED AS POLO ESTATES; 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 August 30, 1984, and September 4, 1984, public hearings were duly held following publication of due notice of said hearing in the official newspaper, pursuant to Article 97Oa, 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 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 Interest Diversification Group, Inc., is hereby annexed, said parcel or tract being described as a portion of Lot 22, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: 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; 18480 , 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 forwits 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 25th day of September, 1984. ATTEST: / / Ci ecretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: ? DAY OF SEPTEMBER, 1984 J. BRUCE WK, CITY ATTORNEY By 1',/ City iffi�, rney Assistant Cit -• ANNEXATION CONTRACT THE STATE CF TEXAS J COUNTY OF NUECES Z r .� • 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 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. 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 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 nark 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 1, 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: _;I. The owners agree. to comply with all provisions of the Platting Ordinance. 2. City agrees to commence provisionoffire, 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 then, and shall constitute covenants running with the land. WITNESS OUR HANDS, this the ATTEST: Ron Perry, President ATTEST: day of ., 1984. City Secretary . Edward A. Martin, City Manager APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By By , 1984: Assistant City Attorney - Assistant City Manager • a ��� • Corpus Christi, Texas o?C.8`day of ,l981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 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, Council Members Respectfully, MAYO THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passedy 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 18480