HomeMy WebLinkAbout19572 ORD - 12/16/1986AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CQRPUS CHRISTI AND ROGERS FLOOR
CO., INC. FOR THE ANNEXATION OF APPROXIMATELY 4.74 ACRES OF
LAND OUT OF LOT 8, 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, Rogers Floor Co., 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 November 17, 1986, and on
November 18, 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 November 18, 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 Rogers Floor Co., 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:
09P.133.01
19572 MICROFILMED
COMMENCING at a point for the intersection of the
centerlines of Yorktown Boulevard and South Staples Street
(F.M. 2444);
THENCE with the centerline of South Staples Street North
28°56'33" West 1352.52 feet to a point for the projected
intersection of the present City Limit boundary and the
north boundary of Buckingham Estates, a subdivision shown on
the map thereof recorded in Volume 48, Pages 37-39 of the
Map Records of Nueces County, Texas;
THENCE North 61°02'33" West 40.00 feet to a point from which
the northwest corner of said Buckingham Estates bears North
61°02'33" West 10.00 feet for the southeast corner and the
POINT OF BEGINNING of the tract herein described;
THENCE continuing North 61°02'33" West 630.00 feet with the
north boundary of Buckingham Estates and the present City
Limit boundary to a point for the southwest corner of this
tract;
THENCE North 28°56'33" East 329.47 feet to a point for the
northwest corner of this tract;
THENCE South 61°02'33" East 630.00 feet to a point for the
northeast corner of this tract;
THENCE parallel to the centerline of South Staples Street
and at a perpendicular distance of 40.00 feet therefrom
South 28°56'33" West 329.47 feet to the POINT OF BEGINNING,
containing in all 4.736 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.
09P.133.01
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ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate originals
by and between Rogers Floor Co., Inc., hereinafter called "owners", and the
City of Corpus Christi, Texas, a home -rule city of more than 200,000 popu-
lation, 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.
WITNES SETA:
The owners are owners in fee simple and of all existing rights, titles
and intereata 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:
COMMENCING at a point for the intersection of the centerlines of
Yorktown Boulevard and South Staples Street (F.M. 2444);
THENCE with the centerline of South Staples Street North 28°56'33"
West 1352.52 feet to a point for the projected intersection of the
present City Limit boundary and the north boundary of Buckingham
Estates, a subdivision shown on the map thereof recorded in Volume
48, Pages 37-39 of the Map Records of Nueces County, Texas;
THENCE North 61'02'33' West 40.00 feet to a point, from which the
northeast corner of said Buckingham Estates bears North 61°02'33" •
West 10.00 feet for the southeast corner and the POINT OF BEGINNING
of the tract herein described;
THENCE continuing North 61.02'33" West 630.00 feet with the north
boundary of Buckingham Estates and the present City Limit boundary
to a point for the southwest corner of this tract;
THENCE North 28°56'33" East 329.47 feet to a point for the
northwest corner of this tract;
THENCE South 61°02'33" East 630.00 feet to a point for the
northeast corner of this tract;
THENCE parallel to the centerline of South Staples Street and at a
perpendicular distance of 40.00 feet therefrom South 28°56'33" West
329.47 feet to the POINT OF BEGINNING, containing in all 4.736
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 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 RANDS. this the day of , 1986.
ATTEST: OWNER:
Rogers Floor Co., Inc.
Secretary Gras, SBnier President
ATTEST: CITY OF CORPUS CHRISTI:
City Secretary Craig A. McDowell
City Manager
APPROVED: DAY OF , 1986:
RAL GEORGE, CITY ATTORREY
By By
Assistant City Attorney Assistant City Manager
116/cs-liisc.
That the foregoing ordinance,nm read for ,t first time and p sed to its
second reading on this the 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 los read for a seco d time and ssed to its
third reading on this the J day of , 1� , 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 for •.ing ordina was ead for th ,,third time and passed finally
on this the j day cif �� �,.. , 1966 , by the followi g vote:
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 /$ day of ,�, w , 19A .
ATTEST:
l y S
rQVED:
IDAY OF , 19 :
HAL GEORGE, CITY ATTORNEY
By
Assistant Ci
99.044.01 .
orney
MAY
THE CITY OF CORPUS CHRISTI, TEXAS
195"'2