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Home My WebLink About19665 ORD - 02/06/1987AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI DEVELOPMENT CORPORATION FOR THE ANNEXATION OF APPROXIMATELY 3.37 ACRES OF LAND BEING A PORTION OUT OF LOTS 17 AND 18, SECTION 21, 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, Corpus Christi Development Corporation 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 February 16, 1987, and on February 17, 1987, 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 February 17, 1987; 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 Corpus Christi Development Corporation, a true copy of which contract is attached hereto and by this reference incorporated herein for all 03P.038.01 19665MICROFILMED purposes, including exhibits thereto, as though fully set forth herein, for annexation of land and territory described as follows: Describing a 3.37 acre tract, more or less, out of Lots 17 and 18, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point, the intersection of the south R.O.W. line of 80.00 foot wide Yorktown Boulevard and the west R.O.W. line of 40.00 foot wide County Road 13 (Cimarron Boulevard), said point being on the present City limit line as established by Ordinance No. 18517, dated October 16, 1984, for the North corner of the tract herein described; THENCE South 60°58'20" East, with said South R.O.W. line of 80.00 foot wide Yorktown Boulevard, 793.91 feet more or less to the east corner of this tract; THENCE South 29°03'25" West, a distance of 185.15 feet more or less, for the South corner of this tract; THENCE North 60°58'20" West, a distance of 793.87 feet more or less, to a point on the aforementioned West R.O.W. of 40.00 foot wide, the present City limit line, for the West corner of this tract; THENCE North 29°02'50" East with said West R.O.W. line of 40.00 foot wide County Road 13 (Cimarron Boulevard), the present City limit line, a distance of 185.15 feet, more or less, to the point of beginning. 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. 03P.038.01 ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NIECES This Contract and Agreement made and entered into in duplicate originals by and between Corpus Christi Development Corporation, hereinafter called "owners", 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 1n 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: Describing a 3.37 acre tract, more or less, out of Loto 17 and 18, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41 thru 43, Map Records of Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point, the intersection of the south R.O.W. line of 80.00 foot wide Yorktown Boulevard and the west R.O.W. line of 40.00 foot wide County Road 13 (Cimarron Boulevard), said point being on the present City limit line as established by Ordinance No. 18517, dated October 16, 1984, for the north corner of the tract herein described; THENCE south 60° 58' 20" east, with said south R.O.W. line of 80.00 foot wide Yorktown Boulevard. 793.91 feet more or less to the east corner of this tract; THENCE south 29' 03' 25" west, a distance of 185.15 feet more or less, for the south corner of this tract; THENCE north 60° 58' 20" west, a distan,e of 793.87 feet more or less, to a point on the aforementioned west 0.0.W. of 40.00 foot wide. the present City limit line, for the west corner of this tract; THENCE north 29° 02' 50" east with said west R.O.N. line rf: e of 40.00 foot wide County Road 13 (Cimarron Boulevard), the present City limit line. a distance of 185.15 feet, more or less, to the point of beginning. 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 Ordi- 2. City agrees to commence provision of fire, police, health, sanita- tion 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 stan- dards 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 54. day of 1987 . ATTEST: OWNER: CQrpae-gla jsti Davelopmeeet Corp. Sec c BEd Martin, re ident ATTEST: CITY OF CORPUS CHRISTI: City Secretary APPROVED: DAY OF HAL GEORGE, CITY ATTORNEY By Assistant City Attorney 114/dc Misc2 Craig McDowell City Manager , 1986: That the foregoing ordinance w read for first time and passed to its second reading on this the day of , 19P , by the following vote: ' i1 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 Jt�he��s�e�cnoO_nd time and passed to its third reading on this the !3441 day of ! j'J2�1 , 19(7 , by the following vote: Luther Jones t Joe McComb I Dr. Jack Best ice, Frank Mendez David Berlanga, Sr. ' ,/ Bill Pruet Leo Guerrero ` . Mary Pat Slavik Linda Strong That the foregoing ordinan a wa read for the third time and passed finally on this the 10.0) day ofVl((S1 , 19g1 , by the following vote: Luther Jones act', Joe McComb VCM - Sr. 1:14e_ ale - Dr: Jack Best David Berlanga, Leo Guerrero PASSED AND APP ATTE Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong D, this the io%h day of City Secretary [tuck MA THE CIT OF CORPUS CHRISTI, TEXAS A PBOVED: T_f DAY OF , 19n: HAL GEORGE, CITY ATTO Y , 19 VI By . Assistant Cil'ftorney 99.044.01 19665