Loading...
HomeMy WebLinkAbout18552 ORD - 11/13/1984AN ORDINANCE ANNEXING A 27.052 ACRE TRACT OF LAND OUT OF LOTS 15 AND 16, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS OWNED BY TRISTAR DEVELOPMENT, INC.; AND DECLARING AN EMERGENCY. WHEREAS, the said owners are desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on October 22, 1984, and October 23, 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 October 23, 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 Tristar Development, Inc., is hereby annexed, said parcel or tract being described as a portion of Lots 15 and 16, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: A 27.052 acre tract of land, more or less, out of Lots 15 and 16, Section 6, 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: BEGINNING at a drill hole found in a 2.0 foot diameter concrete base for a post at the common corner of Lots 14, 15, 18, and 19, said Section 6, for the South corner of this survey; THENCE North 60°55'15" West, along the Southwest boundaries of said Lot 15 and said Lot 16 and also the centerline of 40 foot wide Yorktown Boulevard, (unimproved) 1,339.30 feet to 18552 the West corner of said Lot 16 on the centerline of 40 foot wide Everhart Road for the West corner of this survey; THENCE North 29°02'30" East, along said centerline of Everhart Road which is also the Northwest boundary of said Lot 16, Section 6, 880.00 feet to a 1" iron pipe found for the North corner of this survey; THENCE South 60°57'25" East, 1,337.54 feet to the common boundary between Lots 15 and 14, said Section 6, for the East corner of this survey; THENCE South 28°55'40" West, along the common boundary of said Lots 15 and 14, 880.85 feet to the POINT OF BEGINNING. 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 13th day of November, 1984. ATTEST: 'C7�y $ecretary" APPROVED:(—J--DAY '' OF NOVEMBER, 1984 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant Cit brney MAYO THE CI- OF CORPUS CHRISTI, TEXAS ANNEXATION CONTRACT THE STATE OF TEXAS 0 COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between Tristar Development, 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 convenants and conditions hereafter stated. W I T N E S SETH : 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 thereto and marked Exhibit "A", and being more particularly described as follows, to -wit: A 27.052 acre tract of land, more or less, out of Lots 15 and 16, Section 6, 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: BEGINNING at a drill hole found in a 2.0 foot diameter concrete base for a post at the common corner of Lots 14, 15, 18 and 19, said Section 6, for the South corner of this survey; THENCE North 60°55'15" West, along the Southwest boundaries of said Lot 15 and said Lot 16 and also the centerline of 40 foot wide Yorktown Boulevard, (unimproved) 1,339.30 feet to the West corner of said Lot 16 on the centerline of 40 foot wide Everhart Road for the West corner of this survey; THENCE North 29°02'30" East, along said centerline of Everhart Road which is also the Northwest boundary of said Lot 16, Section 6, 880.00 feet to a 1" iron pipe found for the North corner of this survey; THENCE South 60°57'25" East, 1,337.54 feet to the common boundary between Lots 15 and 14, said Section 6, for the East corner of this survey; THENCE South 28°55'40" West, along the common boundary of said Lots 15 and 14, 880.85 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 owner agrees to pay to the City their share of the estimated cost of bridge construction over the adjacent drianage ditch in accordance with the Platting Ordinance; 2. The owner agrees to construct offsite drainage improvements as required to provide adequate drainage capacity to serve this tract; 3. The owner agrees to comply with all provisions of the Platting Ordinance; 4. The City agrees to commence provision_ of fire, police, health, sanitation and other usual city services after the effective date of annexation; 5. The 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 convenants running with the land. WITNESS OUR HANDS, this the day of 1984 ATTEST: William B. Pruet, Vice President ATTEST: City Secretary Edward A. Martin, City Manager APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY , 1984: By By Assistant City Attorney Assistant City Manager :.'ln'a.Z-,'4• ' Hr `.^S ^.'.lY `, a... vx::,r..a �.4r_v �,Lb..--..-..:.� a 7s;h :1 •JIs..W �i4•ti1 4,844;4' 4,440,11,44',VP•A Aft 46 o teas'410r41,041 os1414 f�e 14 4/4y `�ei44\l•°O°a400 .40 �iea � °�AooppOOpp�o°° �� A, mom,4��o IMO oa*104ao44aoo o '�p'a.TN,♦� 0• wpaaeo°*-� � 7• ., 7= / 1 / - / / / / ''',..;,/ / / / 1 /' / / / - / / // 1 / / \ // • /� / / i / / . S / t // / / / / / / 1 / / /, /C`. //'• / Y� / / / / ,. / - / o f / / / P i /i / . / i % % / / / / / / ' / / / / / SCALE: 1".= 8C0` Corpus Christi, Texas ` 13 day of OIAA- Y, YZeL.— 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, Respectfully, Council Members The above ordinance was Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik MAYOR THE r►' TY OF CORPUS CHRISTI, TEXAS passed by the following vote: 18552 41 • )g.i 94 kai0 a5 406038 AN ORDINANCE ANNEXING A 27.052 ACRE TRACT OF LAND OUT OF LOTS 15 AND 16, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS OWNED BY TRISTAR DEVELOPMENT, INC.; AND DECLARING AN EMERGENCY. WHEREAS, the said owners are desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on October 22, 1984, and October 23, 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 October 23, 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 Tristar Development, Inc., is hereby annexed, said parcel or tract being described as a portion of Lots 15 and 16, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: A 27.052 acre tract of land, more or less, out of Lots 15 and 16, Section 6, 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: BEGINNING at a drill hole found in a 2.0 foot diameter concrete base for a post at the common corner of Lots 14, 15, 18, and 19, said Section 6, for the South corner of this survey; THENCE North 60°55'15" West, along the Southwest boundaries of said Lo°t 15 and said Lot 16 and also the centerline of 40 foot wide Yorktown Boulevard, (unimproved) 1,339.30 feet to DEED RECORDS 1.8552 , VOL 1942 rhE 387