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HomeMy WebLinkAbout19574 ORD - 12/16/1986AN ORDINANCE ANNEXING A 4.74 ACRE TRACT OF LAND OUT OF LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY ROGERS FLOOR CO., INC.; AND DECLARING AN EMERGENCY. 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, on November 17, 1986, and November 18, 1986, public hearings were duly held 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 tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Rogers Floor Co., Inc., is hereby annexed, said parcel or tract being described as a portion of Lot 8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: COMMENCING at a point for the intersection of the centerlines of Yorktown Boulevard and South Staples Street (F.M. 2444); 09P.134.01 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; 19574 MICROFILMED 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. The above described area shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of Texas, the City Charter, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. 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. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs by annexing the heretofore described tract of land at the earliest practicable date, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resotions at three regular meetings so that this ordinance is pass and shall ake effect upon first reading as an emergency measure this the /(' day of 1986. ATTEST: City 6.41/151. -- City Secrettary APPROVED: / QL4 DAY OF:L auCe 4:41.1 , 1986 HAL GEORGE, CITY ATTORNEY 09P.134.01 THE CITY OF CORPUS CHRISTI, TEXAS 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. VITNES S E T H : 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 nap 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, Page. 37-39 of the Nap 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 ie 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 HANDS, this the day of , 1986. ATTEST: OWNER: Aord Rogers Floor r.CC�SL� o..., Inc. Graf Secretary iRogers, nior President ATTEST: -CITY-OF CORPUS CHRISTI: City Secretary Craig A. McDowell APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY City Manager , 1986; By By Assistant City Attorney Assistant City Manager 116/ca-Mise. -.. a•• Corpus Christi, Terms /44 day of , 1980 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed 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 99.045.01 19 574 1 ROH.114 IM;c11303 529829 AN ORDINANCE ANNEXING A 4.74 ACRE TRACT OF LAND OUT OF LOT 8, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY ROGERS FLOOR CO., INC.; AND DECLARING AN EMERGENCY. 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, on November 17, 1986, and November 18, 1986, public hearings were duly held following publication of due notice of said hearing in the Y 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 !1 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 tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and Rogers Floor Co., Inc., is hereby annexed, said parcel or tract being described as a portion of Lot 8, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: COMMENCING at a point for the intersection of the centerlines of Yorktown Boulevard and South Staples Street (F.M. 2444); 09P.134.01 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; 15574 DEED RECORDS VOL 2341PAGE 531