HomeMy WebLinkAbout19321 ORD - 05/20/1986AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND E.H. MOORE
HOMES, INC. FOR THE ANNEXATION OF APPROXIMATELY 10.93 ACRES
OF LAND BEING OUT OF LOTS 23 AND 24, SECTION 6, FLOUR BLUFF
AND ENCINAL 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, E.H. Moore, Homes, Inc. 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 April 28, 1986, and on
April 29, 1986, 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 April 29, 1986; 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
City and to its citizens and in the public
and territory hereinafter described:
NOW, THEREFORE, BE IT ORDAINED
CORPUS CHRISTI, TEXAS:
that it would be advantageous to the
interest to annex the aforesaid lands
BY THE CITY COUNCIL OF THE CITY OF
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 E.H. Moore Homes, Inc. 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:
05P.169.01
.93i. MICROFILMED
FIELDNOTES for a 10.93 acre tract of land out of Lots 23
and 24, Section 6, Flour Bluff and Encinal Farm and Garden
Tracts, a map of which is recorded in Volume A, Pages 41
through 43, Map Records of Nueces County, Texas:
BEGINNING at the Northeast corner of this tract from which
corner the centerline intersection of South Staples Street
and Yorktown Boulevard for the common corner of Lots 9
and 24, Section 6 and Lot 16 and 17, Section 10, said Flour
Bluff and Encinal Farm and Garden Tracts bears South
61°02'40" East 50.00 feet to a point on the centerline of
South Staples Street (F.M. Road 2444), thence North
28°56'00" East, with said centerline, 878.95 feet;
THENCE South 28°56'00" West, parallel to the centerline of
South Staples Street and 50.00 feet distant therefrom,
measured at right angles thereto, 440.00 feet to a point on
the common lot line of Lots 24 and 25, said Section 6 for
the Southeast corner of this tract;
THENCE North 61°02'40" West, with the common lot line of
Lots 24 and 25 and Lots 23 and 26, said Section 6, a
distance of 1081.60 feet to the Southwest corner of this
tract;
THENCE North 28°56'50" East 440.00 feet to the Northwest
corner of this tract;
THENCE South 61°02'40" East 1081.50 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.
05P.169.01
ANNEXATION CONTRACT
THE STATE OF TEXAS a
COUNTY OF NUECES 4
This Contract and Agreement made and entered into in duplicate
originals by and between E.H. Moore Homes, Inc., 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.
W ITNESSET 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 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 hereto
and marked Exhibit "A", and being more particularly described as
follows, to wit:
FIELDNOTES for a 10.93 acre tract of land out of Lots
23 and 24, Section 6, Flour Bluff and Encinal Farm and
Garden Tracts, a map of which is recorded in Volume A,
Pages 41 through 43, Map Records of Nueces County, Texas:
BEGINNING at the Northeast corner of this tract from
which corner the centerline intersection of South Staples
Street and Yorktown Boulevard for the common corner of
Lots 9 and 24, Section 6 and Lots 16 and 17, Section
10, said Flour Bluff and Encinal Farm and Garden Tracts
bears South 61002'40" East 50.00 feet to a point on the
centerline of South Staples Street (F.M. Road 2444),
thence North 28056'00" East, with said centerline, 878.95
feet;
THENCE South 28°56'00" West, parallel to the centerline
of South Staples Street and 50.00 feet distant therefrom,
measured at right angles thereto, 440.00 feet to a point
on the common lot line of Lots 24 and 25, said Section
6 for the Southeast corner of this tract;
THENCE North 61°02'40" West, with the common lot line
of Lots 24 and 25 and Lots 23 and 26, said Section 6,
a distance of 1081.60 feet to the Southwest corner of
this tract;
THENCE North 28056'50" East 440.00 feet to the Northwest
corner of this tract;
THENCE South 61002'40" East 1081.50 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 o£ 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 ofthe 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 1986.
ATTEST:
E.H. Moore, President
ATTEST:
City Secretary Ernest M. Briones
Assistant City Manager
APPROVED: DAY OF 1986;
HAL GEORGE, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
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That the foregoing ordinance was read for he first time and sed to its
second reading on this the Alik day of , 19 , 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 foregoing ordinance w read for a second time and
third reading on this the I. day of , 19
following vote:
Luther Jones / Joe McComb
Dr. Jack Best /_
David Berlanga, Sr.
Leo Guerrero 01
Frank Mendez
Bi11 Pruet
Mary Pat Slavik
Linda Strong
sed to its
by the
That the foregoifhng ordinAgc�was read for the third time and passed finally
D , 19 S(p , by the following vote:
on this the day of
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the (4)&44\day of
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
AP OVED:
t/ DAY OF 196:
Assistant
19321