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Home My WebLink About18858 ORD - 05/28/1985• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SHERROD CONSTRUCTION COMPANY, A GENERAL PARTNERSHIP, FOR THE ANNEXATION OF APPROXIMATELY 60.340 ACRES OF LAND BEING A PORTION OF LOTS 3 AND 4, BOTH IN SECTION 1, NUECES RIVER IRRIGATION PARK, 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, Sherrod Construction Company, a General Partnership, 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 May 6, 1985, and on May 7, 1985, 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 on May 7, 1985; 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 herepy authorized and directed to execute a contract between the City of Corpus Christi and Sherrod Construction Company, a General Partnership, 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: 02.058.01 18858 MICROFILMED DESCRIPTION of 60.340 acres of land, more or less, being a portion of Lots 3 and 4, both in Section 1, Nueces River Irrigation Park, a map of which is recorded in Volume "A", Page 54, Map Records of Nueces County, Texas, said 60.340 acre tract being more fully described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set in the West right-of-way line of Hazel Bazemore Road (County Road 69) for the Northwest corner of this tract from which point a 5/8" iron rod set at the intersection of said West right-of-way line of Hazel Bazemore Road and the south right-of-way line of F.M. Highway 624 bears N 10°00'00" E 350.92 feet; THENCE along a line 350.00 feet south of and parallel to said South right-of-way line of F.M. Highway 624 S 84°09'00" E at 1126.76 feet pass the common boundary line of said Lots 3 & 4 in all a total distance of 2253.80 feet to a 5/8" iron rod found in the East boundary line of said Lot 3 for the Northeast corner of this tract; THENCE along said East boundary line of Lot 3 S 10°00'00" W 1169.28 feet to a 5/8" iron rod for the Southeast corner of said Lot 3 and the Southeast corner of this tract; THENCE along the South boundary line of said Lots 3 & 4, N 84°09'00" W at 1127.04 feet pass a 5/8" iron rod found on the common South corner of said Lots 3 & 4 for a total distance of 2253.80 feet to a 11" iron pin found at the Southwest corner of said Lot 4 being the East right-of-way line of said Hazel Bazemore Road for the Southwest corner of this tract; THENCE along said West boundary line of Lot 4 and said East right-of-way line of Hazel Bazemore Road N 10°00'00" E 1169.28 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. 02.058.01 ANNEXATION CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § This Contract and Agreement made and entered into in duplicate originals by and between Sherrod Construction Company, a General Partner- ship, hereinafter called "owners", and the City of Corpus Christi, Texas1.a home -rule city of more than 20,000 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 consid- eration 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 extraterri- torial 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 60.340 acres of land, more or less, being a portion of Lots 3 and 4, both in Section 1, Nueces River Irrigation Park, a map of which is recorded in Volume "A", Page 54, Map Records of Nueces County, Texas, said 60.340 acre tract being more fully described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set in the West right-of-way line of Hazel Bazemore Road (County Toad 69) for the North- west corner of this tract from which point a 5/8" iron rod set at the intersection of said West right-of-way line of Hazel Bazemore Road and the south right -of. -way line of E.M. Highway 624 bears N 10°00'00" E 350.9 feet; THENCE along a line 350.00 feet South lof and parallel to said South right-of-way line of F.M. HighF.ay 624 S84°09'00"E at 1126.76 feet pass the common boundary line of said Lots 3 & 4 in all a total distance of 2253.80 feet to a 5/8" iron rod found in the East boundary line of said Lot 3 for the North- east corner of this tract; THENCE along said East boundary line of Lot 3 S10°00'00"W 1169.28 feet to a 5/8" iron rod for the Southeast corner of said Lot 3 and the Southeast corner of this tract; THENCE along the South boundary line of said Lots 3 & 4, N84°09'00"W at 1127.04 feet pass a 5/8" iron rod found on the common South corner of said Lots 3 & 4 for a total distance of 2253.80 feet to a 13" iron pin found at the Southwest corner of said Lot 4 being the East right-of-way line of said Hazel Bazemore Road for the Southwest corner of this tract; THENCE along said West boundary line of Lot 4 and said East right-of-way line of Hazel Bazemore Road N10°00'00"E 1169.28 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 bound- aries of the City of Corpus Christi, Texas, and shall become a part there- of, 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: 1. The owner agrees to pay sanitary sewer lot/acreage fees to the City prior to filing any final plats in accordance with the Platting Ordinance; 2. The owner agrees to provide gravity sanitary sewer service to the tract from the existing 18 inch diameter gravity sewer line in F.M. 624; 3. The Owner agrees to provide drainage to this tract by means of an offsite drainage channel from the tract to the existing box culvert in U.S. 77 subject to approval by the City Engineer. In addition, the Owner shall be responsible for acquiring offiste drainage right-of-way for said channel. 4. Owners agree to comply with all provisions of the Platting Ordinance; . 5. City agrees to commence provision of fire, police, health, sanitation and other usual city services after the effective date of annexation; 6. City agrees to accept sewer, street and drainage facil- ities 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: Bob Sherrod General Partner Sherrod Construction Company, General Partnership ATTEST: City Secretary Edward A. Martin APPROVED: DAY of J. BRUCE AYCOCK, CITY ATTORNEY City Manager , 1984: By By Assistant City Attorney Assistant City Manager • W 'M RO. 624 ;:i ERSCM£NT.�/T LINE R/i'ER /RR/G . P1% 444VEx 1 CITY LIMIT LINE 580. 1 I t/ENB B IC045TA I O FARM 7G MARH£T RDAD &Z4 SCALE: 1" =1100' CITY LIMIT LINE for f :_ m 7:tot Co<v at s LCr C CIT - • That the foregoing ordinance wread for first time and red ed to its second reading on this the day of , 19 J , by the following vote: Luther Jones Joe McComb i Dr. Jack Best Frank Mendez David Berlanga, Sr. Bill Pruet Leo Guerrero Mary Pat Slavik Linda Strong That the foregoing ordinance wa read for t second time and sused to its third reading on this the day of %/ , 19111 by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the fore 11ij�ppg ordinan - was read for the t}yard time and passed finally on this the 7'�day ,f jj , 19 QS , by the following vote: 1 1 It _. OE__ Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, this the day of Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong ATTE T: City ecretary 1/6 APPROVED: 7 o DAY OF , 19 : J. BRUC AYCOC., CIeY ATTORNEY By AstIstant ori 19jr THE CITY OF CORPUS CHRISTI. TEXAS