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Home My WebLink About19945 ORD - 08/25/1987AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ENCINO-CIMARRON, A TEXAS GENERAL PARTNERSHIP, AND ENCINO-CIMARRON 62 LTD., A TEXAS LIMITED PARTNERSHIP, FOR THE ANNEXATION OF APPROXIMATELY 26,593 SQUARE FEET OF LAND OUT OF LOT 8, SECTION 11, 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; AND PROVIDING FOR SEVERABILITY. WHEREAS, Encino -Cimarron, a Texas General Partnership, and Encino -Cimarron 62, Ltd., a Texas Limited Partnership, are owners 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 August 10, 1987, and on August 11, 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 August 11, 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 2b; 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 Encino -Cimarron, a Texas General Partnership, and Encino -Cimarron 62, Ltd., a Texas Limited Partnership, a true copy of which contract is attached 06P.024.01 19945 MICROFILMED 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: FIELDNOTES for a 26,593 square foot tract of land out of Lot 8, Section 11, 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: BEGINNING at a 5/8 inch iron rod set next to a concrete monument found on the southwest boundary line of State Highway No. 357 (Saratoga Boulevard) for the upper east corner of this survey, from which corner a drill hole found at the centerline intersection of State Highway No. 357 (Saratoga Boulevard) and County Road No. 13 (Cimarron Boulevard) for the east corner of said Lot 8, Section 11, bears north 28°57'30" east 60.00 feet, thence south 61°02'30" east 224.20 feet; THENCE south 35°00'06" east, along the southwest flared boundary line of State Highway No. 357, a distance of 205.02 feet to a 5/8 inch iron rod set for the lower east corner of this survey; THENCE south 28°57'30" west, parallel to the centerline of County Road No. 13 and 40.00 feet distant therefrom measured at right angles thereto, 60.00 feet to a 5/8 inch iron rod set for the south corner of this survey; THENCE north 75°58'23" west 77.62 feet to a 5/8 iron rod set for the lower west corner of this survey; THENCE north 61°02'30" west 100.00 feet to a 5/8 inch iron rod set for the upper west corner of this survey; THENCE north 06°48'30" east 183.55 feet to a 5/8 inch iron rod set on the southwest boundary line of State Highway No. 357 for the north corner of this survey; THENCE south 61°02'30" east along said southwest boundary line, parallel to the centerline of said State Highway No. 357 and 60.00 feet therefrom, measured at right angles thereto, 60.00 feet 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. 06P.024.01 ANNEXATION CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § This Contract and Agreement made and entered into in duplicate originals by and between Encino -Cimarron, a Texas general partnership, and Encino -Cimarron 62, Ltd., a Texas limited partnership, or their assigns or nominees, hereinafter called "owners", and the City of city of more than 200,000 and body politic under the in Nueces County, Texas, and valuable consideration respectively and upon the stated. Corpus Christi, Texas, a home -rule population, a municipal corporation laws of the State of Texas, situated hereinafter called "City", for good in hand received by the parties covenants and conditions hereafter WITNESSETH: The owners are owners in fee simple and of all existing rights, 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 a 26,593 square foot tract of land out of Lot 8, Section 11, 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: BEGINNING at a 5/8 inch iron rod set next to a concrete monument found on the southwest boundary line of State Highway No. 357 (Saratoga Boulevard) for the upper east corner of this survey, from which corner a drill hole found at the centerline intersection of State Highway No. 357 (Saratoga Boulevard) and. County 'Road No. 13 (Cimarron Boulevard) for the east corner of said Lot 8, Section 11 bears north 28°57'30" east 60.00 feet, thence south 61°0"2730" east 224.20 feet; THENCE south 35°00'06" east, along the southwest flared boundary line of State Highway No. 357, a distance of 205.02 feet to a 5/8 inch iron rod set for the lower east corner of this survey; THENCE south 28°57'30" west, parallel to the centerline of County Road No. 13 and 40.00 feet distant therefrom measured at right angles thereto, 60.00 feet to a 5/8 inch iron rod set for the south corner of this survey; THENCE north 75°58'23" west 77.62 feet to a 5/8 iron rod set for the lower west corner of this survey; THENCE north 61°02'30" west 100.00 feet to a 5/8 inch iron rod set for the upper west corner of this survey; THENCE north `06°48'30" east 183.55 feet to a 5/8 inch iron,rod set on the southwest boundary line of State Highway No. 357 for the north corner of this survey; THENCE south 61°02'30" east along said southwest boundary line, parallel to the centerline of said State Highway No. 357 and 60.00 feet therefrom, measured at right angles thereto, 60.00 feet 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 condition: 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. It is further agreed that all of the above conditions shall be binding upon the succesors 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 1987. ATTEST: OWNER: Encino- marron A Texq General Partnership Tim Clower General Partner William D. Wallock General Partner OWNER: Encino -Cimarron 62, Ltd. A Texas Limited Partnership Tim Clower General Partner ATTEST: City Secretary APPROVED: 4 iK DAY OF CITY ATTORNEY. CITY OF CORPUS CHRISTI: Craig McDowell ity Manager ttorney , 1987, HAL GEORGE, •*:-.€ SOLE: '16 = 400' L oT That the foregoing ordinance was read second reading on this the p day following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez aJ� That the foregoing ordinance upas read third reading on this the %}j day following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the this the for of the tt-ime Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong and passed to its , 19 '7, by the fora secon time and sed to its of O,(passed , 19 g'J , by the Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong foregoing ordinance qwawas �read for the third time and passed finally on c55 day of �Zc0 , 19 S% , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the a5r day of ATTEST: City Secretary fj9VED: DAY OF HAL GEORGE, CITY 99.044.01 orney , 19)i: ted"-' aC> ,19r7 . THE CITY OF CORPUS CHRISTI, TEXAS 13945