HomeMy WebLinkAbout19005 ORD - 09/10/1985•
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND SECOND
BAPTIST CHURCH FOR THE ANNEXATION OF APPROXIMATELY 5.64
ACRES OF LAND OUT OF LOTS 23 AND 24, SECTION 5, FLOUR BLUFF
AND ENCINCAL FARM AND GARDEN TRACTS, 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, Second Baptist Church 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 26, 1985, and on
August 27, 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 August 27, 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
hereby authorized and directed to execute a contract between the City of Corpus
Christi and Second Baptist Church, 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:
04P.049.01
ssoos MICROFILMED
FIELDNOTES for 5.64 acres of land, more or less, out of
Lots 23 and 24, Section 5, Flour Bluff and Encinal Farm and
Garden Tracts, as shown by plat recorded in the Map Records
of Nueces County, Texas, Volume A, Pages 41 thru 43, and
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set in the northeast corner of
Lot 40, Block 131, Crossgate Subdivision filed in Volume 46,
Pages 247 thru 249, and the POINT OF BEGINNING.
THENCE north 61°00'45" west along the north line of
Block 131, Crossgate Subdivision, for a distance of 632.99'
to a 5/8" iron rod for the southwest corner of this tract;
THENCE north 28°55'00" east along the east line of
Block 131, Crossgate Subdivision and the extension of such
line for a distance of 381.75' to a point on the center line
of Timbergate Drive for a point for corner and the northeast
corner of this tract;
THENCE south 61°00'45" east along the center line of
Timbergate Drive for a distance of 642.99 to a point for
corner and the northeast corner of this tract;
THENCE south 28°55'00" west parallel with, and 40' from the
center line of South Staples Street to a point for corner
and the southeast corner of this tract;
THENCE north 61°00'45" west for a distance of 10' 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.
04P.049.01
ANNEXATION CONTRACT
THE STATE OF TEXAS X
COUNTY OF NUECES X
This Contract and Agreement made and entered into in duplicate
originals by and between Second Baptist Church, hereinafter called "owner",
and the City of Corpus Christi, Texas;--a'home-rule7eity of more: than 200,000
population, a municipal corporation and body politic under the laws of the
State of Tesas, situated La Nuecea County, Texas, hereinafter called "City",
for good and vainabla consideration in hand received by the parties respectively
and upon the covenants'and conditions hereafter stated.
• WITNESSETH:
'The.owner is owner 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 (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:
FIELDNOTES for 5.64 acres of land, more or less, out of Lots
twenty three (23) and twenty four (24), Section five (5), Flour
Bluff and Encinal Farm and Garden Tracts, as shown by plat recorded .
in the Nap Records of Nueces County, Texas, Volume A, Pages 41
thru 43, and more particularly described by metes end bounds
as follows:
BEGINNING at a 5/8" iron rod set in the northeast corner__of Lot
40, Block 131, Crossgate Subdivision filed in Volume 46, Pages -
247 thru 249, and the POINT OF BEGINNING.
THENCE north 61°00'45" west along the north line of Block 131,
Crossgate Subdivision, for a distance -of 632.99' to a 5/8" iron
rod for the'southwest corner of this tract;
THENCE north 28°55'007 east along the east line of Block 131,
Crossgate Subdivision and the extension of such line for a distance
of 381.7h' to a point on the center line of Timbergate Drive
for a point for corner and the northeast corner of this tract;
THENCE south 61°00'45" east along the center line of Timbergate—
Drive
imbergate -Drive for a distance of 642.99 to a point for corner and the
northeast corner of this tract;
THENCE south 28.o 55'00" west parallel with, and 40' from the center
line of South Staples Street to a point for corner and the
southeast corner of this tract;
THENCE north 61000'45" west for a distance of 10' to the POINT
OF BEGINNING.
t
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 o£
Article I, Section 2, of the City Charter of Corpus Christi, as amended, ana as
further prescribed by Ordinance No. 1139 of the City of Corpus Christi.
It is further agreed by and between the parties that as an essential
part of the consideration of the Contract, Owner and City will perform the follow..
ins conditions:
Owners agree to dedicate 10 feet of right-of-way for Timbergate
Drive, upon platting, along the 632.99 foot boundary of the herein_
described tract and to construct one half of Timbergate Drive to=y
Platting Ordinance standards.
Owners agree to comply with all provisions of the Platting •
Ordinance;
Owners agree to execute a covenant running with the land and filed for
record in the Nueces_County deed records stating that if any of
the herein above described property is ever sold for the purpose
of constructing any'.type of residential•uaeka fee of $4,400.00
times five-vercedf'c_(5% ithe 'amount of _adreag'e:bei4g-Isold will j.
paid to 'tHe=bity-fot:park development purposes;
1} i
4. Owners.agree to dedicate a 10 foot utility easement and a 30 foot
temporary construction easement along the South Staples frontage
of said tract within 30 days of the date of execution'of this
instrument; .--
5.'°The City agrees to commence provisions for fire, police, health,
sanitation and other usual services after the effective date of
annexation. •-
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 con-
stitute covenants running with the land.
' WITNESS OUR 'HANDS, this the day of
ATTEST:
Se retary
ATTEST:
City Secretary
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney._
,SECOND BAPTIST CHURCH
,1985.
A.R. J,�pfes, Trustee
Charles Carter. Trustee
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Henry M an. Trustee
Edward A. Martin
City Manager
1985
' , ,Ass istaat,City'Managerr,:.T '--"w
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That the foregoing ordinance wa read for
second reading on this the .2 % day of
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
4first time
frad
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
•
and p ssed to its
lei
, by the
That the foregoing ordinancei? read for t econ time and paced to its
third reading on this they, day ofof,,, , 19, by the
following vote: YYYYYYe
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordin w s read for the hjrd time and passed finally
on this the / day of Mori /�-✓ , 19 in , by the following vote:
Joe McComb
Frank Mendez 1
Bill Pruet 1/
Mary Pat Slavik /
Linda Strong / ,_
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
PASSED AND APPROVED, this the J day of
AT T:
City Secretary
APPROVED:
7-1gDAY OF
i
4t? , 19 1 .
19005
THE CI OF CORPUS CHRISTI, TEXAS