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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 2 2 KALE: 400' AVGHAkt EsrA MIJI0f OF WY 0045 ? .‹, . .. , .> OUrVO, OF CIO, , V ..., ,/,.. / / NN 7., :NANA" .5E1 • / = / \ •.001, COURSE 010IVOr 0, Ler, ..' 7. ,..... './.... ., ..,..'',.. 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