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HomeMy WebLinkAbout19469 ORD - 09/09/1986AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND REAGAN AND ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 36.8 ACRES OF LAND BEING A PORTION OUT OF NUECES RIVER IRRIGATION PARK ANNEX NO. 2, 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; AND PROVIDING FOR SEVERABILITY. WHEREAS, Reagan and Associates are owners 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 owners are 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 18, 1986, and on August 19, 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 August 19, 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 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 Reagan and Associates 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: 08P.111.01 19469 MICROFILMED • Being a tract of land out of the Nueces River Irrigation Park Annex 2 recorded in Volume A, Page 5 of the Map Records of Nueces County, Texas, said tract being more particularly described by metes and bounds as follows: COMMENCING at a 60d nail found in the intersection of the centerline of F.M. Road 1889 with the centerline of F.M. Road 624; THENCE North 06°15'01" East 75.19 feet to a point for the intersection of the extended centerline of FM Road 1889 with the north right-of-way line of F.M. Road 624; THENCE with the north right-of-way line of FM Road 624 South 83°48'59" East 933.61 feet to a 5/8 inch iron rod set for the southwest corner of Northwest Estates Subdivision; THENCE with the west boundary of Northwest Estates Subdivision North 10°43'44" East 200.00', more or less, to the intersection with the City Limits line for the southwest corner of the tract herein described and POINT OF BEGINNING; THENCE continuing with the west boundary line of Northwest Estates Subdivision North 10°43'44" East 1052.27 feet to a 5/8 inch iron rod set in the intersection with the south boundary line of Wood River Unit 1, recorded in Volume 44, Pages 180-182 of the Map Records of Nueces County, Texas, for the northwest corner of Northwest Estates Subdivision and of this tract; THENCE with the common boundary line between said Northwest Estates Subdivision and Wood River Unit 1 South 79°34'50" East 899.84 feet to an inside corner of this tract; THENCE with the common boundary line between said Northwest Estates Subdivision and an excepted tract recorded in Volume 1889, Page 192 of the Deed Records, Nueces County, Texas, North 29°56'59" East 112.79 feet to a 5/8 inch iron rod set in the intersection with the southwest boundary line of a Texas Eastern Corporation pipeline easement recorded in Volume 760, Page 214 of the Deed Records of Nueces County, Texas, also known as Lot 1, Block 14, Wood River Unit 1, for the most northern corner of Northwest Estates Subdivision and of this tract. THENCE with the common boundary line between said Lot 1, Block 14, Wood River Unit 1 and Northwest Estates Subdivision South 43°24'01" East 1072.19 feet to a 5/8 inch iron rod set for the northeast corner of Northwest Estates Subdivision and of this tract; 08P.111.01 THENCE with the common boundary line between Northwest Estates re tract reo Subdivision ed inVolu a 41, Page Dennis53 of the mMap Recordsan 2.174 ofNueces County, Texas, South 06°18'06" West 390.59 feet, more or less, to a point for the intersection with the City Limits line for the southeast corner of this tract, from which the common south corner of said Dennis L. Denman Tract and Northwest Estates Subdivision on the north right-of-way line of F.M. Road 624 bears South 06°18'06" West 200 feet; THENCE with the City Limits line parallel to and at a perpendicular distance of 200 feet north from the north right-of-way line of F.M. Road 624 North 83°48'59" West 1841.74 feet to the POINT OF BEGINNING containing in all 36.838 acres, more or less. 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. 08P.111.01 ANNEXATION CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § This Contract and Agreement made and entered into in duplicate originals by and between Reagan and Associates, 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. 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 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: Being a tract of land out of the Nueces River Irrigation Park Annex 2 recorded in Volume A, Page 5 of the Map Records of Nueces County, Texas, said tract being more particularly described by metes and bounds as follows: COMMENCING at a 60d nail found in the intersection of the centerline of F.M. Road 1889 with the centerline of F.M. Road 624; THENCE North 06°15'01" East 75.19 feet to a point for the intersection of the extended centerline of FM Road 1889 with the north right-of-way line of F.M. Road 624; THENCE with the north right-of-way line of FM Road 624 South 83°48'59" East 933.61 feet to a 5/8 inch iron rod set for the southwest corner of Northwest Estates Subdivision; THENCE with the west boundary of Northwest Estates Subdivision North 10°43'44" East 200.00', more or less, to the intersection with the City Limits line for the southwest corner of the tract herein described and POINT OF BEGINNING; THENCE continuing with the west boundary line of Northwest Estates Subdivision North 10°43'44" East 1052.27 feet to a 5/8 inch iron rod set in the intersection with the south boundary line of Wood River Unit 1, recorded in Volume 44, Pages 180-182 of the Map Records of Nueces County, Texas, for the northwest corner of Northwest Estates Subdivision and of this tract; THENCE with the common boundary line between said Northwest Estates Subdivision and Wood River Unit 1 South 79°34'50" East 899.84 feet to an inside corner of this tract; THENCE with the common boundary line between said Northwest Estates Subdivision and an excepted tract recorded in Volume 1889, Page 192 of the Deed Records, Nueces County, Texas, North 29°56'59" East 112.79 feet to a 5/8 inch iron rod set in the intersection with the southwest boundary line of a Texas Eastern Corporation pipeline easement recorded in Volume 760, Page 214 of the Deed Records of Nueces County, Texas, also known as Lot 1, Block 14, Wood River Unit 1, for the most northern corner of Northwest Estates Subdivision and of this tract. THENCE with the common boundary line between said Lot 1, Block 14, Wood River Unit 1 and Northwest Estates Subdivision South 43°24'01" East 1072.19 feet to a 5/8 inch iron rod set for the northeast corner of Northwest Estates Subdivision and of this tract; THENCE with the common boundary line between Northwest Estates Subdivision and the Dennis L. Denman 2.174 acre tract recorded in Volume 41, Page 53 of the Map Records of Nueces County, Texas, South 06°18'06" West 390.59 feet, more or less, to a point for the intersection with the City Limits line for the southeast corner of this tract, from which the common south corner of said Dennis L. Denman Tract and Northwest Estates Subdivision on the north right-of-way line of F.M. Road 624 bears South 06°18'06" West 200 feet; THENCE with the City Limits line parallel to and at a perpendicular distance of 200 feet north from the north right-of-way line of F.M. Road 624 North 83°48'59" West 1841.74 feet to the POINT OF BEGINNING containing in all 36.838 acres, more or less. 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 02j.033.02.12.np -2- 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 , 1986. ATTEST: REAGAN AND ASSOCIATES Owner Secretary By:t. . W. Reagan ATTEST: CITY OF CORPUS CHRISTI City Secretar By: Y Craig A. McDowell City Manager 02j.033.02.12.np _3_ APR VE THIS c-71-4—DAY OF , 1986. HAL GE GE, CITY ATTORNEY By: Assistant Cit 02j.033.02.12.np By: Assistant City Manager That the foregoing ordinance was read f• or t first ime and Rued to its second reading on this the ,2(, 'day of following vote: -' , 19 ja, , by the 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,wa4 read for a' s cond time and ped to its third reading on this the,day of following vote: 19 4 , by the 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 was read for the third time and passed finally on this the Q day of n5 0 -.QA , 19 1 , by the following vote: Luther Jones a_,`/ Joe McComb Dr. Jack Best 5h'D Frank Mendez David Berlanga, Sr. Bill Pruet Leo Guerrero "_'_"°_ Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the :Ticretarfl TTES: 4C 0 "_, APPROVED: _2 -i& DAY OF (,L,G191tc0---/.._, 19 `zpl , A(iorn Assistant City/Attorney day of MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 19469