HomeMy WebLinkAbout020607 ORD - 02/28/1989AN ORDINANCE
ANNEXING 1.5 ACRES OF LAND OUT OF LOT 25, SECTION 6, FLOUR
BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI AND PEOPLE'S HERITAGE
FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 1.5
ACRES; 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; AND DECLARING AN EMERGENCY.
WHEREAS, People's Heritage Federal Savings and Loan Association 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 January 20, 1989, and on
January 24, 1989, following publication of due notice of said hearing in the
official newspaper, pursuant to the Texas Local Government Code, as amended, for
the consideration of institution of proceedings for the annexation of a defined
area consisting of 1.5 acres wholly within the extraterritorial jurisdiction of
the City of Corpus Christi, more particularly described by metes and bounds in
that Annexation Contract between the City of Corpus Christi and People's
Heritage Federal Savings and Loan Association attached hereto as Exhibit A, at
which all interested persons were afforded an opportunity to be heard; 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 2(b); 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 People's Heritage Federal Savings and Loan Association, is hereby annexed,
said parcel or tract comprising 1.5 acres out of Lot 25, Section 6, Flour Bluff
and Encinal Farm and Garden Tracts, as described by metes and bounds by said
Annexation Contract.
208RPO23.ord
20607 MICROF1IMED
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. That the City Manager of the City of Corpus Christi is
hereby authorized and directed to execute an Annexation Contract between the
City of Corpus Christi and People's Heritage Federal Savings and Loan
Association, a true copy of which contract is attached hereto as Exhibit A 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 by metes and bounds description in the Annexation Contract.
SECTION 3. 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 4. 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, such finding of an
emergency is made and declared requiring suspension of the Charter rule as to
consideration and voting upon ordinances at three regular meetings so that this
ordinance is passe and shall take effect upon fi st reading as an emergency
measure this the day of , 19
;
ATTEST:
City ecretary MAY6
APPROVED: ..23,•ei DAY OF Fbrua,��
HAL GEORGE, CITY ATTORNEY
By
Assist nt City Attorney
208RP023.ord
, 19 g7
e--""
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 Peoples Heritage Federal Savings and Loan Association, a Kansas
corporation, or their assigns or nominees, 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 "City", for good 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, 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, generally delineated on the map attached hereto and marked Exhibit
11 Ail
and being more particularly described as follows, to --wit:
F I ELDNOTES for 1.50 acre (65,340.00 square foot) tract of land out of
Lot 25, Section 6, 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 point on the West boundary line of South Staples Street
for the Northeast corner of this tract, from which corner the
centerline intersection of South Staples Street and Boston Drive for
the common corner of Lots 17 and 32, Section 10 and Lots 24 and 25,
Section 6 of said Flour Bluff and Encinal Farm and Garden Tract bears
South 61°04'00 East 50.00 feet and North 28°56'00" East 199.99 feet;
THENCE South 28°56'00" West, along the West boundary of South Staples
Street, parallel with its centerline and 50.00 feet distant therefrom,
measured at right angles thereto, 150.00 feet for the Southeast corner
of this tract;
502RP250.agr
THENCE, North 61°04'00" West 435.60 feet for the Southwest corner of
this tract;
THENCE, North 28°56'00" East 150.00 feet for the Northwest corner of
this tract;
THENCE, South 61°04'00" East 435.60 feet to the POINT OF BEGINNING.
It is agreed by and between the parties hereto at the request of Owners
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:
I. Owner agrees to:
1) Comply with all provisions of the Platting Ordinance;
2) Identify existing encroachments to rights-of-way, easements and
utilities;
II. City agrees to:
1) The City will provide the following services in the same manner as
provided in the current corporate limits within 60 days of effective
date of annexation:
3
a. Police and fire protection;
b. Solid waste collection;
c. Maintenance of public water and wastewater facilities;
d. Maintenance of public streets including street lighting;
e. Maintenance of public parks, public playgrounds and public
swimming pools;
f. Maintenance of any other publicly owned facility, building or
service;
Capital improvements will be identified and placed in operation in the
same manner as similar properties in corporate limits are served.
City agrees to accept street, drainage and water lines after
construction by Owner according to City Platting Ordinance standards
and agrees to maintain such facilities thereafter.
502RP250.agr
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 , 198 .
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Juan Garza, City Manager
APPROVED: day of
198
HAL GEORGE, City Attorney
Assistant City Attorney
ATTEST:
1,1
.ca
(Secretary
L
502RP250.agr
OWNER:
Peoples Heritage Federal Savings and
Loan Association
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FILE: Proposed Annexat f 1.5 ac:
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OUTS/DE Of C/Tr/
/- COURSE
—tiiJi/r /
Corpus Christi, Texas
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, Respectful ly,
Council Members
The above ordinance
Betty N. Turner
David Berl anga , Sr.
Leo Guerrero
Cl i f Moss
Bill Pruet
Mary Rhodes
Frank Schwi ng , Jr.
Mary Pat Slavik
Linda Strong
99.045.01
(-4
MOOR
THE CITY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
Cup
20607
flm�277' .raCE2128
AN ORDINANCE
ANNEXING 1.5 ACRES OF LAND OUT OF LOT 25, SECTION 6 , FLOUR
BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF ' CORPUS CHRISTI AND PEOPLE'S HERITAGE
FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 1.5
ACRES; 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; AND DECLARING AN EMERGENCY.
WHEREAS, People's Heritage Federal Savings and Loan Association 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 January 20, 1989, and on
January 24, 1989, following publication of due notice of said hearing in the
official newspaper, pursuant to the Texas Local Government Code, as amended, for
the consideration of institution of proceedings for the annexation of a defined
area consisting of 1.5 acres wholly within the extraterritorial jurisdiction of
the City of Corpus Christi, more particularly described by metes and bounds in
that. Annexation Contract between the City of Corpus Christi and People's
Heritage Federal Savingsattached hereto as Exhibit A, at and Loan . Association
which all interested persons were afforded an opportunity to be heard, : 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 1, Section 2(b) 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 People's Heritage Federal Savings and Loan Association, is hereby annexed,
said parcel or tract comprising 1.5 acres out of Lot 25, Section 6, Flour Bluff
and Encinal Fara and Garden Tracts, as described by metes and bounds by said
Annexation Contract.
208RP023. ord
2060'7
DEED RECORDS
vas 2154PAGE 481
&11L270 !CE1O37
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AN ORDINANCE0 \�,
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LOT T 25,SECTION 6,FLOUR ,.
\:- ,,S,/
ANNEXING 1.5 ACRES OF LAND OUT OFO .�'�+ '�
BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
BETWEEN THE CITY OF CORPUS CHRISTI AND PEOPLE'S HERITAGE
FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 1.5
ACRES; 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; AND DECLARING AN EMERGENCY.
WHEREAS, People's Heritage Federal Savings and Loan Association 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, ublic hearings were duly held on January 20, 1989, and on.
January 24, 1989, following publication of due notice of said hearing in the
official newspaper, pursuant to the Texas Local Government Code, as amended, for
the consideration of institution of proceedings for the annexation of a defined
area consisting of 1.5 acres wholly within the extraterritorial jurisdiction of
the City of Corpus Christi, more particularly described by metes and bounds in
that Annexation Contract between the City of Corpus Christi and People's
Heritage Federal Savings and Loan Association attached hereto as. Exhibit A, at
which all interested persons were afforded an opportunity to be heard; 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 1, Section 20); 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 People's Heritage Federal Savings and Loan Association, is hereby annexed,
said parcel or tract comprising 1.5 acres out of Lot 25, Section 6, Flour Bluff
and Encinal Farm and Garden Tracts, as described by metes and bounds by said
Annexation Contract.
208RP023.ord
2060'7
DEED RECORDS
vni 214 197