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HomeMy WebLinkAbout19157 ORD - 01/14/1986• AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GREG VOISIN, TRUSTEE, FOR THE ANNEXATION OF APPROXIMATELY 6.4 ACRES OF LAND BEING A PORTION OF LOTS 4-8, SECTION 26, AND A PORTION OF LOTS 25-30, SECTION 27, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND A PORTION OF LOT 12, BLOCK 3, GREENFIELDS BY THE BAY UNIT 11, 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, Greg Voisin, Trustee, 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 December 11, 1985, and on December 17, 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 December 17, 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 Greg Voisin, Trustee, a true copy of which contract is attached hereto and by this reference incorporated herein for all purposes, including 04P.278.01 19157 MICROFILMED • • exhibits thereto, as though fully set forth herein, for annexation of land and territory described as follows: DESCRIPTION of 6.4 acres of land, more or less, being a portion of Lots 4 through 8, Section 26, Flour Bluff and Encinal Farm and Garden Tracts and a portion of Lots 25 through 30, Section 27, Flour Bluff and Encincal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and a portion of Greenfields By The Bay, Unit 2, a map of which is recorded in Volume 48, Pages 159-160, Map Records of Nueces County, Texas, said 6.4 acre tract being more fully described by metes and bounds as follows: BEGINNING at a point, the North corner of Lot 1, Block 7, South Fork Subdivision Unit 2, a map of which is recorded in Volume 49, Pages 93-94, Map Records of Nueces County, Texas, the same being the South corner of Lot 31, Section 27, and the West corner of Lot 30, Section 27, for the West corner of this tract; THENCE North 29°05'20" East, along the common boundary line of Lots 30 and 31, 60.00 feet more or less, to a point on the present city limit line for the North corner of this tract; THENCE, leaving said common boundary line, South 61°04'40" East along said city limit line, 325.53 feet more or less, to a point on the Southwest boundary line of an existing 100.00 foot wide drainage right-of-way for an Easterly corner; THENCE South 29°54'40" East, with said Southwest line of the existing 100 foot drainage right-of-way, 115.94 feet, more or less, to a point on the Northeast boundary line of said Lot 1, Block 7, for an inside corner; THENCE South 61°04'40" East, with the Southeasterly extension of said Northeast boundary line, which line is also the Northwesterly extension of the Southwest boundary of Greenfields By The Bay Unit 2, crossing the 100 foot wide drainage right-of-way, to a point on the Northeast boundary line of said right-of-way, which point is also the Southwest corner of Lot 12, Block 3, Greenfields By The Bay Unit 2, for an inside corner of this tract; THENCE North 29°54'40" West, along said Northeast boundary line 115.93 feet to a point on the present city limit line for a corner; 04P.278.01 • THENCE leaving the said Northeast boundary line South 61°04'40" East, along the present city limit line, 3,461.06 feet, more or less, to a point on the East boundary line of Section 27, the centerline of an existing 40' street dedication, for the East corner of this tract; THENCE South 28°55'20" West, along said section line, 60.00 feet more or less, to the Southwest corner of Section 27, which corner is also a point common to Sections 32, 33, and 26 and the intersection of centerlines of 40.00 foot roads (dedicated but not open); THENCE continuing South 28°55'20" West along the line common to Sections 26 and 33, 20.0 feet to a point on the South line of said 40.00 foot right-of-way, for the South corner of this tract; THENCE North 61°04'40" West along the South line of said 40.00 foot right-of-way which is 20.00 feet from and parallel to the common line between Sections 26 and 27, a distance of 2,640 feet, more or less, to the Northwest boundary line of Lot 5, Section 26, for a Westerly corner; THENCE North 28°55'20" East along said line 20.00 feet, more or less, to the North corner of Lot 5, Section 26, which is a point common also to Lot 4, Section 26, and Lots 28 and 29 of Section 27, for an inside corner; THENCE North 61°04'40" West along the line common to Sections 26 and 27, a distance of 1,320 feet more or less, 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.278.01 ANNEXATION CONTRACT THE STATE OF TEXAS a COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between Greg Voisin, Trustee, hereinafter called "owner", 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. WITNESSET H: The owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nuecee 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 Vit: DESCRIPTION OF 6.4 acres of land, more of less, being a portion of Lots 4 through 8, Section 26, Flour Bluff and Encinal Farm and Garden Tracts and a portion of Lots 25 through 30, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas, and a portion of Greenfields Hy The Bay, Unit 2, a map of which is recorded in Volume 48, Pages 159-160, Map Records of Nueces County, Texas, said 6.4 acre tract being more fully described by metes and bounds as follows: BEGINNING at a point, the North corner of Lot 1, Block 7, South Fork Subdivision Unit 2, a map of which is recorded in Volume 49, Pages 93-94, Map Records of Nuecee County, Texas, the same being the South corner of Lot 31, Section 27, and the West corner of Lot 30, Section 27, for the West corner of this tract; THENCE North 29°05'20" East, along the common boundary line of Lots 30 and 31, 60.00 feet more or less, to a point on the present City Limit line for the North corner of this tract; THENCE, leaving said common boundary line, South 61°04'40" East along said City limit line, 325.53 feet more or less, to a point on the Southwest boundary line of an existing 100.00 foot wide drainage right-of-way for an Easterly corner; THENCE South 29°54'40" East, with said Southwest line of the existing 100 foot drainage right-of-way, 115.94 feet more or less, to a point on the Northeast boundary line of said Lot 1, Block 7, for an inside corner; THENCE South 61°04'40" East, with the Southeasterly extension of said Northeast boundary line, which line is also the Northwesterly extension of the Southwest boundary of Greenfields By The Bay Unit 2, crossing the 100 foot wide drainage right-of-way, to a point on the Northeast boundary line of said right-of-way, which point is also the Southwest corner of Lot 12, Block 3, Greenfields By The Bay Unit 2, for an inside corner of this tract; THENCE North 29°54'40" West, along said Northeast boundary line 115.93 feet to a point on the present City limit line for a corner; THENCE leaving the said Northeast boundary line South 61°04'40" East, along the present City Limit line, 3,461.06 feet more or less, to a point on the East boundary line of Section 27, the centerline of an existing 40' street dedication, for the East corner of this tract; THENCE South 28°55'20" West, along said section line, 60.00 feet more or less, to the Southwest corner of Section 27, which corner is also a point common to Sections 32, 33, and 26 and the intersection of centerlines of 40.00 foot roads (dedicated but not open); THENCE continuing South 28055'20" West along the line common to Sections 26 and 33 20.0 feet to a point on the South line of said 40.00 foot right-of-way, for the South corner of this tract; THENCE North 61°04'40" West along the South line of said 40.00 foot right-of-way which is 20.00 feet from and parallel to the common line between Sections 26 and 27, a distance of 2,640 feet, more or less, to the Northwest boundary line of Lot 5, Section 26 for a Westerly corner; THENCE North 28°55'20" East along said line 20.00 feet more or less, to the North corner of Lot 5, Section 26, which is a point common also to Lot 4, Section 26, and Lots 28 and 29 of Section 27, for an inside corner; THENCE North 61°04'40" West along the line common to Sections 26 and 27, a distance of 1,320 feet more or less, 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. Owners agree to comply with all provisions of the Platting Ordinance. 2. City agrees to commence provision of fire, police, health, sanitation 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 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 , 1985. ATTEST Gre: t1'sin,Trus ee ATTEST: City Secretary Edward A. Martin City Manager , APPROVED: DAY OF , 1985: J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager • SARATOGA BLVD. RODD FIELD ROAD ''CIITTr.. LI /U.4K.R w�l h'Fi: \� loom moos m mli i see wee e211oo=o LOTf3 §off ®r A ::vv� o • o CNN epo ROF FAST a BE 0 eon sDol1110:Co oS0p .novo r�opo0 v000e Ler 1I LOT 10 LOTS LOT o CO LOT 2 bR CAYO DEL 050 T L O. ett 0 et asitia MIEWS7ppa11000 006.000 °° 1 _ m 0__-. _ c� a £o !8• 0100106000D eoococeoIM' LOT 29 Ler 2s LOT 27 LeT 20 for 21 /01.20 SCRLE: LOT 25 LLr24 DESCRIPTION of 6.4 acres of land, more or lees, being a portion of Lots 4 _through 8. Section 26. Flour Bluff and Encinal Farm and Carden Tracts and a portion of Late 25 through 30, Section 27, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County. Texas, and a portion of Greenfield. By The Bay Unit 2, a map of which is recorded in Volume 48, Pages 159-160, Nap Records of Nueces County, Texas, said 6.4 acre tract being more fully described by metes and bounds as follower • That the foregoing ordinance yeas read for tae% firs time and passed to its second reading on this the day of , 19 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance.m read for a second time and gsed to its third reading on this the % day of ��,,,� s , 19 J'( , by the following vote: Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foreg ,,ippg ordinan was read for the„third time and passed finally on this the /��day of ��,„ , , 19d' , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, ATTEST: 0006 City Secret MAYOR THE TY OF CORPUS CHRISTI, TEXAS this the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong /OIL day of 191‘ APPROVED: / DAY OF ` , 1 19157