HomeMy WebLinkAbout19573 ORD - 12/16/1986AN 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 16.11 ACRES
OF LAND BEING A PORTION OUT OF LOTS 21, 22, AND 23,
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 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.135.01
FIELDNOTES for annexation of a 16.11 acre tract of land out
of Lots 21, 22, and 23, Section 6, Flour Bluff and Encinal
19573 MICROFILMED
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 a point on the Southwest boundary line of
Lot 23, Section 6, for the South corner of this tract, from
which corner the West corner of Lot 3, Block 1, Stony Brook
Subdivision, a map of which is recorded in Volume 52,
Page 30, of said Map Records bears North 28°56'50" East
30.00 feet;
THENCE North 61°02'40" West, along the Southwest boundary
line of said Lots 23, 22, and 21, a distance of 940.00 feet
for the West corner of this tract;
THENCE North 28°57'20" East 196.00 feet for a corner of this
tract;
THENCE South 61°02'40" East 51.74 feet for an inside corner
of this tract and the beginning of a circular curve to the
left whose radius point bears North 85°05'50" East 70.00
feet and which has a central angle of 56°08'30", a radius of
70.00 feet, a tangent distance of 37.33 feet and an arc
length of 68.59 feet;
THENCE, along said curve to the left, 68.59 feet for a
corner of this tract;
THENCE, North 28057'20" East 60.00 feet for a corner of this
tract;
THENCE, South 61°02'40" East 80.00 feet for an inside corner
of this tract;
THENCE, North 28°57'20" East 515.00 feet for an inside
corner of this tract;
THENCE North 61°02'40" West 25.54 feet for a corner of this
tract;
THENCE North 28°57'20" East 140.00 feet for the North corner
of this tract;
THENCE South 61°02'40" East 775.54 feet for the East corner
of this tract;
THENCE, South 28°56'50" West, at 440.00 feet pass the North
corner of the aforementioned Lot 3, Block 1, Stony Brook
Subdivision, at 850.00 feet pass the West corner of said
Lot 3, Block 1, in all a distance of 880.00 feet for the
POINT OF BEGINNING.
09P.135.01
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.135.01
ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate originals
by and between E. 11. Moore Homes, 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.
W ITN E S S ETH :
The owners are owners 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 annexation of a 16.11 acre tract of land
out of Lots 21, 22 and 23, Section 6, Flour Bluff and
Encinal Farm and Garden tracts, a map of which is record-
ed in Volume A, Pages 41 through 43, Map Records of
Nueces County, Texas:
BEGINNING at a point on the Southwest boundary line of
Lot 23, Section 6, for the South corner of this tract,
from which corner the West corner of Lot 3, Block 1,
Stony Brook Subdivision, a map of which is recorded in
Volume 52, Page 30 of said Map Records bears North
26°56'50" East 30.00 feet;
THENCE North 61°02'40" west. along the Southwest boundary
line of said Iota 23, 22 and 21, a distance of 940.00
feet for the West corner of this tract;
THENCE North 28°57'20" East 196.00 feet for a corner of
this tract;
TIIF.ECE South 61°02'40" East 51.74 feet for an inside
corner of this tract and the beginning of a circular
curve to the left whose radius point bears North
85°05'50" East 70.00 feet and which has a central angle
of 56°08'30", a radius of 70.00 feet, a tangent distance
of 37.33 feet and an arc length of 68.59 feet;
— 1 —
THENCE, along said curve to the left, 68.59 feet for a
corner of this tract;
THENCE, North 28°57'20" East 60.00 feet for a corner of
this tract;
THENCE South 61°02'40" East 80.00 feet for an inside
corner of this tract;
THENCE North 28°57'20" East 515.00 feet for an inside
corner of this tract;
THENCE North 61°02'40" West 25.54 feet for a corner of
this tract;
THENCE North 28°57'20" East 140.00 feet for the North
corner of this tract;
THENCE South 61°02'40" East 775.54 feet for the East
corner of this tract;
THENCE South 28°56'50" West, at 440.00 feet pass the
North corner of the aforementioned Lot 3, Block 1, Stony
Brook Subdivision, at 850.00 feet pass the West corner of
said Lot 3, Block 1, in all a distance of 880.00 feet for
the POINT OF BEGINNING.
It is agreed by and between the parties hereto that the abovedescribed
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 1s 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 chem, and shall
constitute covenants running with the land.
ATTEST:
Secretary
ATTEST:
OWNER:
E. H. Moo r• es, Inc.
CITY OF CORPUS CHRISTI:
City Secretary Craig McDowell
APPROVED: DAY OF
HAL GEORGE, CITY ATTORNEY
By
City Manager
, 1986:
By
Assistant City Attorney Assistant City Manager
107/cs—Misc2
SCALE: 1' = 400'
OUTSIDE or? UMTS
That the foregoing ordinance wq read for e first time and p sed to its
second reading on this the ZS day of , 19g4 , by the
following vote:
Luther Jones di
Dr. Jack Best
David Berlanga, Sr. /..._...4
Leo Guerrero // . ,,
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance ryas read for
third reading on this the 9� day of
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
seco d time and pgssed to its
, 19/6 , by the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the fore qng ordina was read for they/third time and passed finally
on this the / day of ��, , 19 , 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 ifi,4 day of
ATTEST:
City Secretary
ApE_ROqVED:
/0 DAY OF , 19 J
HAL GEORGE, CITY ATTORNEY
Assistant Ci
99.044.01 .
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19573