HomeMy WebLinkAbout19018 ORD - 09/17/1985AN ORDINANCE
ANNEXING A 5.64 ACRE TRACT OF LAND OUT OF LOTS 23 AND 24,
SECTION 5, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, OWNED
BY THE SECOND BAPTIST CHURCH; 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 August 26, 1985, and August 27, 1985, 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 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 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 Second Baptist Church, is hereby annexed, said parcel or
tract being described as a portion of Lots 23 and 24, Section 5, Flour Bluff and
Encinal Farm and Garden Tracts, as described by metes and bounds as follows:
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;
04P.099.01
19018 MICROFILMED
•
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.
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 17th day of September, 1985.
ATTEST:
City Secretary MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
APPROVED: f`41( DAY OF SEPTEMBER, 1985
ss stan � K��se 6
ttorne
04P.099.01
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it agreed by and between.' the parties heretothatthe 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. 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-
ing conditions:
1.
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•
Platting Ordinance standards. . • .
Owners agree to comply with all provisions of the Platting •
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 residentialuse;•=a fee of $4,400.00
times five perCen2._C5�)ithe 'amountiof adrea'ge e3ijy�aold viTIj.e:
paid to 'tle Cityt o.:park, 4evelopmentpurp.ses; -
4. Owners. agree to dedicate a 10 foot utility easement and a 30 foot
temporary construbtion'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 - .1985.
SECOND BAPTIST CHURCH
ATTEST:
A.R. des, Trustee
ATTEST. .:
City Secretary
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Charles Carter, Trustee
r ac
Henry M an, Trustee
Edward A. Martin
City Manager
, 1985
By
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Ass is taut Mann. er :
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Corpus Christi, Texas
/144 day of Starterwitie , 198 S7
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
14AYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passe 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
19018
Rim 15 111ACE 792
454366
AN ORDINANCE
ANNEXING A 5.64 ACRE TRACT OF LAND OUT OF LOTS 23 AND 24,
SECTION 5, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, OWNED
BY THE SECOND BAPTIST CHURCH; 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 August 26, 1985, and August 27, 1985, 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 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 an
territories subject to contractual annexation as provided by the City Charte
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 Second Baptist Church, is hereby annexed, said parcel or
tract being described as a portion of Lots 23 and 24, Section 5, Flour Bluff and
Encinal Farm and Garden Tracts, as described by metes and bounds as follows:
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;
04P.099.01
19Q18
DEED RECORDS
VOL 1982 PAGE 729