HomeMy WebLinkAbout020626 ORD - 03/14/1989AN ORDINANCE
ANNEXING 2.973 ACRES OF LAND OUT OF LOTS 21 AND 22,
SECTION 21, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS,
NUECES COUNTY, TEXAS, COMPRISING A PORTION OF THE AREA KNOWN
AS RODD FIELD VILLAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
SOUTHWESTERN BELL TELEPHONE AS OWNERS OF SUCH 2.973 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.
WHEREAS, Southwestern Bell Telephone 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 2.973 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 Southwestern
Bell Telephone 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 that annexation contract between the City of Corpus
Christi and Southwestern Bell Telephone, is hereby annexed, said parcel or tract
comprising 2.973 acres out of Lots 21 and 22, Section 21, Flour Bluff and
Encinal Farm and Garden Tracts, as described by metes and bounds by said
Annexation Contract.
208RP032.ord
20626 MICROFILMED
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 Southwestern Bell Telephone, 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.
208RP032.ord
File: ProIosddAznzxat1on of
Southwestern Bell Telephone
Property in Rodd Field Village
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ANNEXATION CONTRACT
THE STATE OF TEXAS §
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate originals by
and between Southwestern Bell Telephone, a Texas 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.
W I T N E S S E T H:
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
"A", and being more particularly described as follows, to -wit:
All that certain tract, piece or parcel of land out of a
portion of Lots 21 and 22, Section 21, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, as shown by map recorded in
Volume A, pages 41, 42, and 43, Map Records, Nueces County,
Texas, being out of the former Naval Auxiliary Air Station
known as Rodd Field, described as follows:
COMMENCING at the northeasterly corner of Lot 24, said
Section 21, being on the centerline of Yorktown Road;
THENCE, along the northerly boundary of said Lots 24, 23, 22
and 21, and along the centerline of said Yorktown Road,
North 61 degrees 19' 35" West, 2,074.50 feet;
502RP206.ag r
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THENCE, South 28 degrees 33' 30" West, 50.00 feet to a one
inch iron pipe found for the northwesterly corner and the
POINT OF BEGINNING of this tract;
THENCE, South 61 degrees 19' 35" East, 281.50 feet to the
westerly right-of-way of Parcel "C", as described by
easement recorded in Volume 1129, Page 267, Deed Records of
said County, to a 5/8 inch iron rod set for the
northeasterly corner of this tract;
THENCE, along said westerly right-of-way, South 28 degrees
33' 30" West, 459.70 feet to the northerly right-of-way of
Parcel "A", as described by easement recorded in Volume
1129, Page 266, said Deed Records, to a 5/8 inch iron rod
set, for the southeasterly corner of this tract;
THENCE, along said northerly right-of-way, North 61 degrees
26' 30" West, 281.50 feet to a 5/8 inch iron rod set, for
the southwesterly corner of this tract;
THENCE, North 28 degrees 33' 30" East, 460.27 feet to the
POINT OF BEGINNING,
It is agreed by and between the parties hereto at the request of Owner 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;
3) Install 8" water main with fire hydrant at intersection of West Logan
Road and Yorktown Road;
4) Construct water lines and streets in accordance with approved
construction plans;
502RP206.agr
5) Payment of $1,841.59 Water Distribution System acreage fee and
$1,841.59 Sanitary Sewer System acreage fee;
6) Sanitary sewer service will continue to be provided by private sources
until public service is available to site.
I I . City agrees to:
1) Provide fire, police, health, solid waste and other usual City
Services within 60 days after effective date of annexation;
2) 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.
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
SOUTHWESTERN BELL TELEPHONE COMPANY
w _•
itC
BY.
Robert 0. Dethloff
6District
t.�1 Manager -Architecture
502RP206.agr 3
THE STATE OF TEXAS
COUNTY OF BEXAR
/ f
This instrument was acknowledged before me on >(,ii,,i'/:i,/,/,/, 2'
1989, by ' - '/',r/ ti ., , ., ci
- • . , ; , , „, .-7,4-7 / y --7--y./--/-- - 7,/sy - ,7', i (--' on
, ._, , c 7, , _ .
,
behalf of SOUTHWESTERN BELL TELEPHONE COMPANY, a MissoUri Corporation. .
.-•••••
)t)
Notary Public in and for
the State of Texas
Print or
Type Name:
My Commission Expires:
That the foregoing ordinance w s read for the first time and p ed to its
second reading on this the a � day of ��,t,((,i,�'t,(� 19 by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
That the foregoing ordinance was read for the secpnd time and p ed to its
v"7third reading on this the �day of , 19 , by the
following vote:
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Clif Moss
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
olu2)
That the foregoing ordinance was read for ft_third time and passed finally on
this the /L7L day of 71/1a)(�., � 19r] by the following vote:
Betty N. Turner
David Berlanga, Sr. (6,,
Leo Guerrero kk/0
Clif Moss
PASSED AND APPROVED, this the
ATT .• T:
City Secretary
APPROVED:
/7/4 DAY OF �Aru
HAL GEORGE, CITY ATTORNEY
By
19gq:
Assistant City Attor
99.044.01
Bill Pruet
Mary Rhodes
Frank Schwing, Jr.
Mary Pat Slavik
Linda Strong
day of UCt e���
all }
19 //6''l .
THE CITY OF CORPUS CHRISTI, TEXAS
20626
ROU.275 TAU 2 1_05
659739
AN ORDINANCE
DEED RECORDS
. VOL 2153racE 244
ANNEXING 2.973 ACRES OF LAND OUT OF LOTS 21 AND 22,
SECTION 21, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS,
NUECES COUNTY, TEXAS, COMPRISING A PORTION OF THE AREA KNOWN
AS RODD FIELD VILLAGE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND'
SOUTHWESTERN BELL TELEPHONE AS OWNERS OF SUCH 2.973 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.
WHEREAS, Southwestern Bell Telephone 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 2.973 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 Southwestern
Bell Telephone 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 that annexation contract between the City of Corpus
Christi and Southwestern Bell Telephone, is hereby annexed, said parcel or tract
comprising 2.973 acres out of Lots 21 and 22, Section 21, Flour Bluff and
Encinal Farm and Garden Tracts, as described by metes and bounds by said
Annexation Contract.
208RP032.ord
20626