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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 ^- -' (�^-�7� ac em)~ '_ ' ick Ovv / / / / / / / / /- // . SCALE: 1" =800« // .^~ / / ^� / \ ti / / /// '/ / ,, \ „ /,, / ,, / / ,./ / „N. ,/ , ,(/ ,, /i-, // `` / -,,..,. / ' `��� /' `./ ' ^ / ' / v',. ` / / / / / ,' / t . ' . /�` / / ~ / �' '. `` . ^' / �~,~~ '/%. // ' / ^ ' 41 � `` , `` �dr/�� / / /ym / �` / / ~^� ' ,/ 7N ~~' / / ~ / / / ~~ / / ' ,./../ - --,,, ' / //1 / � __ ./ = _ / / ' CAYO DEL OSO ' / � v 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 -&$6--At C L 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