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HomeMy WebLinkAbout19575 ORD - 12/16/1986AN ORDINANCE ANNEXING A 16.11 ACRE TRACT OF LAND OUT OF LOTS 21, 22, AND 23, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY E. H. MOORE HOMES, 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 E. H. Moore Homes, Inc., is hereby annexed, said parcel or tract being described as a portion of Lots 21, 22, and 23, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: 09P.136.01 FIELDNOTES for annexation of a 16.11 acre tract of land out of Lots 21, 22, and 23, Section 6, Flour Bluff and Encinal 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; 19575M,OROEILMED 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 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. 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 09P.136.01 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 resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the day of , 1986. ATTEST: //31t -**-S2 -/—^r"-- City Secretary MA THE CIT ' OF CORPUS CHRISTI, TEXAS APPROVED: I��` DAY OF , 1986 HAL GEORGE, CITY ATTORNEY By Assistant Ci orney 09P.136.01 ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NIECES This Contract and Agreement made and entered into in duplicate originals by and between E. H. 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. WITNESSETH: 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 lend out of Lots 21, 22 and 23, Section 6,Flour Bluff and Encinal Farm and Carden 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 1s 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 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 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. ATTEST: Secretary E. H. Moore, President ATTEST: CITY OF CORPUS CHRISTI: City Secretary Craig McDowell City Manager APPROVED: DAY OF , 1986: HAL GEORGE, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager 107/cs-Misc2 • 1 ours761- car Limrrs / • , • Cor//pus Christi, Texas /(�' day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas , 1986 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 MAY E CITY F CORPUS CHRISTI, TEXAS The above ordinance was passe 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 13$75 Ott114 iuAC1j310 529830 AN ORDINANCE sl DEED RECORDS VOL 2041 PAGE 638 ANNEXING A 16.11 ACRE TRACT OF LAND OUT OF LOTS 21, 22, AND 23, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, OWNED BY E. H. MOORE HOMES, INC.; AND DECLARING AN EMERGENCY. WHEREAS, the said owners are desirous of contracting with the City for ti 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 E. H. Moore Homes, Inc., is hereby annexed, said parcel or tract being described as a portion of Lots 21, 22, and 23, Section 6, Flour Bluff and Encinal Farm and Garden' Tracts, as described by metes and bounds as follows: 09P.136.01 FIELDNDTES 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 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; 19575 •1