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HomeMy WebLinkAbout19667 ORD - 02/06/1987AN ORDINANCE ANNEXING A 3.37 ACRE TRACT OF LAND OUT OF LOTS 17 AND 18, SECTION 21, FLOUR BLUFF AND ENCINCAL FARM AND GARDEN TRACTS, OWNED BY CORPUS CHRISTI DEVELOPMENT CORPORATION; 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 February 16, 1987, and February 17, 1987, 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 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 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 Corpus Christi Development Corporation, is hereby annexed, said parcel or tract being described as a portion of Lots 17 and 18, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds as follows: 03P.039.01 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; 19667 MICROFILMED 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. 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 resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 1C44' day of '(ind'l 19Q7 . ATT T: it ecretary APPROVED:4;71 DAY OF HAL GEORGE, CITY ATTORNEY 03P.039.01 orney , 191(7 Ae icyMAYOR THE CITY iF 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 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 in Nueces County. Texas, hereinafter called "Cloy", 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 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 theouth R.O.W. line of 80.00 foot wide Yorktown Boulevard and the est 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 distant 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 ge 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- nance. 2. City agrees to commence provision of fire, police, health, sanita- tion and other usual city services after the effective date of annexation. 3. Citya toaccordingy owner o a cept sewer, street and drainage facilities after dardtructis and agre s to maintainsu h facilities they aft Ordinance sta¢- 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: WITNESS OUR HANDS, this the 5 day of O "YY , 198i. OWNER: P Cgrpue-ala jots Dv vvelopmenat Corp. f..lo� b� Secret ATTEST: Ed Martirlfre i5 dent 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: r-•= Corpus Christi, Texas I doth day of ,rd) , 1987 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, 99.045.01 Council Members MAYOR THE CI J' OF CORPUS CHRISTI, TEXAS The above ordinance was pass by the following vote: Luther Jones Dr. Jack Best ` J David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong l JJJ 19667