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HomeMy WebLinkAbout021585 ORD - 03/09/1993AN ORDINANCE ANNEXING 10.42 ACRES OF LAND OUT OF A 400 ACRE TRACT IN THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT 606, NUECES COUNTY, TEXAS, OWNED BY J. M. VAUGHN. 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, on January 27, 1993 and February 2, 1993, public hearings were duly held following publication of due notice of said hearing id the official newspaper, pursuant to V.T.C.A., Local Government Code § 43.052, 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 2, 1993; 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 tract or parcel of land as set forth in "Exhibit A" attached, being a copy of the annexation contract between the City of Corpus Christi and Mr. J. M. Vaughn, is hereby annexed, said parcel or tract being described in said contract, a true copy of which contract is attached hereto and by this reference incorporated herein for all purposes, including exhibits thereto, as though fully set forth herein, marked "Exhibit A". The tract or parcel of land as set forth in "Exhibit A" attached, 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. 93NH2889.001.ak 021585 T T M1C110EJLMCD 2 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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. ATTEST: City Secretary APPROVED: Z?4 AY OF JAMES R. BRAY JR., CITY ATTORNEY By: 93NH2889.001.ak THE CITY OF CORPUS CHRISTI MA R, Y RHODES , 19 97 ANNEXATION CONTRACT STATE OF TEXAS . COUNTY OF NUECES . This Contract and Agreement made and entered into in duplicate originals by and between the City of Corpus Christi, Texas, a home -rule city of more than 225,000 population, a municipal corporation and body politic under laws of the State of Texas, situated in Nueces County, Texas, hereinafter called "City," and Mr. J. M. Vaughn, hereinafter called "Owner," for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated. WITNESSETH: The owner is in fee simple and of all existing rights, titles and interest 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, generally delineated on the map attached hereto and marked Exhibit A, and being more particularly described by metes and bounds description attached hereto as Exhibit B. 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. It is further agreed by and between the parties that as an essential part of the consideration of this Contract, Owner agrees to: (a) comply with all provisions of the Platting Ordinance; (b) identify existing encroachments to rights-of-way easements and utilities; The City agrees to and the City Council hereby approves the following service plan for the area hereby annexed: (a) Improvements to be constructed include streets, curbs and gutters, water, drainage and sanitary sewer. Gas service will be available. 4 f- (b) The City will assume maintenance of any new streets, curb and gutters, water and sewer facilities after construction and acceptance by the City of those improvements in place within 60 days of the effective date of annexation. (c) Items to be provided in the Service Plan, for the annexed property, a 10.42 acre tract of land in the Mariano Lopez De Herrera Grant, Abstract 606, Nueces County, Texas, and described by metes and bounds, are as follows: 1. Public safety protection, including fire and police protection, will be provided at a comparable level of service as other parts of the City on the effective date of annexation; 2. City garbage and brush collection will begin two weeks after the effective date of annexation; 3. The City Code Enforcement activity, which includes high weeds and grass, care of premises, and abandoned or junked automobiles, will be initiated within 60 days of the effective date of annexation; (4) The City's Park and Recreation Department will assume normal park maintenance of dedicated park areas within the subdivisions that are developed in accordance with the Platting Ordinance of the City of Corpus Christi; (5) The process for permanent zoning will commence within 60 days of the effective date of annexation; and (6) City maintenance of street lighting and street signs will commence within 60 days of the effective date of annexation, or as installed and accepted by the City in accordance with the Platting Ordinance. It is further agreed that all of the above conditions shall be binding upon the heirs, successors and assigns of said Owner and shall constitute covenants running with the land. WITNESS OUR HANDS, this the aa day of Dec , 19aa ATTEST: OWNER ifi Mr. J. M. V ugh ATTEST: CITY OF CO PUS CHRISTI, TEXAS City Secretary Juan Garza, City Manager ANNEXATION CONTRACT WITH J. M. VAUGHN FOR THE ANNEXATION OF APPROXIMATELY 10.42 ACRES OF LAND OUT OF A 400 ACRE TRACT IN THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT 606, NUECES COUNTY, TEXAS. APPROVED AS TO LEGAL FORM THIS 26TH DAY OF FEBRUARY, 1993. JAMES R. BRAY, JR. CITY ATTORNEY By�� p� orbert J. Hart Assistant City A4tafney 93NH2889.002.ak EXHIBIT A r - 1q /ff4,M1 n _ +r,—jape..... —ill Do S L:: ; 1. IYf'v� r., / sa. izs P wEI: OR 0 aI Uz� 2 SCALE: 1"�= .: 1 EXHIBIT B METES AND BOUNDS DESCRIPTION FOR A 10.42 ACRE TRACT OF LAND OUT OF A 400 ACRE TRACT IN THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT 606, NUECES COUNTY, TEXAS BEGINNING at a 5/8 inch iron rod found on the southeast boundary of an 80.00 foot wide drainage easement shown as Block 45 on the map of Wood River Unit 5 which is recorded in Volume 48, pages 118 and 119, Map Records of Nueces County, Texas, for the west corner of lot 34, Block 43, Wood River Unit 5 and the upper north corner of this survey; THENCE south 47 14' 55" east along the upper south or southwest boundary of said Block 43, Wood River Unit 5, 182.39 feet to a 5/8 inch iron rod found at an angle point in said upper south or southwest boundary of Block 43, Wood River Unit 5, for an angle point in this survey; THENCE south 72 53' 45" east, continuing along the upper south boundary of said Block 43,Wood River Unit 5, 65.00 feet to a 5/8 inch iron rod found at an inside corner of said Block 43 for the northeast corner of this survey; THENCE south 17 06' 15" west, along the west boundary of said Block 43, Wood River Unit 5, 753.76 feet to a 5/8 inch iron rod found on the north boundary of Wood River Unit 1, a map of which is recorded in Volume 44, Pages 180 thru 182, Map Records of Nueces County, Texas, at the southwest corner of Lot 8, Block 12, Wood River Unit 5 for the southeast corner of this survey; THENCE north 72 23' 15" west, along said north boundary of Wood River Unit 1, 348.89 feet to a 5/8 inch iron rod found at an angle point in said north boundary for an angle point in the south boundary of this survey; THENCE north 43 45' 40" west continuing along said north boundary, at 16.79 feet pass the northwest corner of said Wood River Unit 1 and the most easterly corner of Wood River Unit 2, a map of which is recorded in Volume 45, Pages 190 thru 192, Map Records of Nueces County, Texas, and continuing north 43 45' 40" west along the northeasterly boundary of said Unit 2, in all 740.79 feet to a drill hole set in a concrete pad at the east corner of Lot 1, Block 25, said Wood River Unit 2 and the south corner of Lot 1, Block 51, The Park at Wood River Unit 8, a map of which is recorded in Volume 51, Pages 166 and 167, Map Records of Nueces County, Texas; 7 F 7 1 THENCE north 46 14' 20" east at 30.0 feet pass the east corner of said Lot 1, Block 51 and the south corner of Lot 10, Block 47, The Park at Wood River Unit 8, in all a distance of 70.0 feet to a 5/8 inch iron rod found on the southeast boundary of said Lot 10, Block 47 at the most westerly corner of lot 2, Block 45, The Park at Wood River Unit 8, for the lower north corner of this survey; THENCE along the southwesterly and southerly boundary of said Lot 2 Block 45, which boundary is also the centerline of an 80.00 foot wide drainage easement, as follows: South 43 45' 40" east, 165.64 feet, set a drill hole in a concrete slab; North 78 37' 20" east, 302.62 feet set a 5/8 inch iron rod and north 55 18' 24" east, 269.41 feet to a 5/8 inch iron rod set at the most easterly corner of said Lot 2 Block 45, The Park at Wood River Unit 8, and on the most westerly boundary of the 80.00 foot wide drainage easement shown as Block 45 on the above mentioned map of Wood River Unit 5, for a corner of this survey; THENCE south 34 41' 36" east 40.00 feet to a 5/8 inch iron rod set at the most southerly corner of said 80.00 foot wide drainage easement shown as Block 45 on Map of Wood River Unit 5 for an inside corner of this survey; THENCE north 55 18' 24" east, along the southeast boundary of said 80.00 foot wide drainage easement, 200.00 feet to the POINT OF BEGINNING. wranxreq -T T` T Sat'the foregoing ordinance was read tor the first time and passed to its second reading 01 ,ne 2 day of Ce. do , 19 G\3, by the following vote: Mary Rhodes Cezar Galindo Leo Guerrero Betty Jean Longoria O]t Edward A. Martin Joe McComb Dr. David McNichols Clif Moss Mary Pat Slavik Ivy Al� Ivo That the foregoing ordinance was read for titscond time and passed to its third reading on this the Z day of �j(� 9 i^;{ a , 19 9 ), by the following vote: Mary Rhodes Cezar Galindo Lee-G-uerrero Betty Jean Longoria That the foregoing ordinance was read for day of y%oak_ , 19 93 , by the Mary Rhodes Cezar Galindo bee -Guerrero Betty Jean Longoria PASSED AND APPROVED, this they APPROVED -SAY OF Edward A. Martin J *4Con.b Dr. David McNichols Clif Moss Mary Pat Slavik the third time and passed finally on this the c fh following vote: Edward A. Martin Tne McComb Dr. David McNichols Clif Moss Mary Pat Slavic day of 0.-t i4 , 19 t . 19 YO' THE C OF CORPUS CHRISTI t n/ JAMES R. BRAY, JR., INTERIM C AIITORNEY By 4 sistant City Attorney 021585 DOC# 860283 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 021585, passed and approved by City Council on March 9, 1993 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 19th day of May, 1993. 3 r- r Armando Chapa City Secretary Corpus Christi, Texas tat the toregoing ordinance was read tor the first time and passed to its second reading of ane 23 day of 1-Zb , 19 °I ,=•3_, by the following vote: Mary Rhodes n/ Edward A. Martin V� Cezar Galindo ia,(- Joe McComb Leo -Guerrero Lia,C- David McNichols Betty Jean Longoria Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the,cond time and passed to its third reading on this the 2 day of il/l%�A' e,�I , 19 9 j, by the following vote: Mary Rhodes Cezar Galindo Lee -Guerrero Betty Jean Longoria Edward A. Martin Dr. David McNichols Clif Moss Mary Pat Slavik That the foregoing ordinance was read for the third time and passed finally on this the 9 �h day of y}'%oat , 19 93, by the following vote: Mary Rhodes Cezar Galindo Lee -Guerrero Betty Jean Longoria PASSED AND APPROVED, this the 41L .., City Secretary Edward A. Martin Joe -McComb - PASSED kJJ GJcw�4ccComb- Dr. David McNichols Clif Moss Mary Pat Siavik C 91/1 day of 'f - i4L' , 19 S3. MAYOR • THE C APPROVED ?r AY OF 19 f JAMES R. BRAY, JR., INTERIM C ORNEY By istant City Attorney 021585 OF CORPUS CHRISTI T ROY offotken herein uhleh m* tithe Sat Redd xa oI the deeetiped REAL PROPERTY because of Rea Cebr. R0; "'Wt, Sex, Handicap, Pemihal Statusot Nelionel Origie,is in plid sod uneNarceseie under FEDERALLAW.3/1?/8f. STATE QS;EMS COtIN EY tk Nt.fCEs _'�..._.. I hursby carNy%/UM* inebantemwas R:ED in File Number Serra nce on the doh and at the titre stamped herein by me, end was dr:Iy fhECGfiOED, in Iha Official Public Records of Nieces County, Texas on JUN 1 6 1993 COUNTY PIRA NUECES COUNTY, TEXAS P,o,136it C -c- TS' -7 41°ct 9a?7 FILED FOR RECORD DOC# 860283 $26 06-16-1993 10:32:59 ERNEST M. BRIONES NUECES COUNTY PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 83306 PO # Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistance of the Corpus Christi Caller -Times a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PUBLIC HEARING TO BE HELD BY THE CITY OF CORPUS CHRISTI CITY which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 16th day of January, 1993. One Time(s) $ 62.25 Business Office Administrative Assistant Subscribed and sworn to before me this 22nd day of January , 1993. IA Notary Public, Nueces County, Texas HEM - on OF QQRTI CIYCO AND COMMISSION Noris, le hereby given that the City Council of the City of Cimlus Chrlsti N thlf.:MMwtion, ofc a 0.4 1 wit treat of lend out of the. wood, fiver development ar- es. The tract hes e pnarnkury pier as Wood rover Unit 6 -AA :$ completely surrounded prapenles out previously platted -developed Wood River Ion oohs one, 2 two, flip sir. The 10.42 we tract le Immediately to the west of the five points arse end Is out of a 400 acre tract krthe Marlene Lopez De Her- nia errira Grant, Abstract 606, Nuxss Courcy, TOMO. Tien Will be two prrbllc hearings for *.:tubas to obtain Informs - and to incomes opinion. first public hewingw* be at the Flour Bluff Inds - tint School District m, 2606 Waldron red Corpus CMled, Texas whish .commences et 6:30 p.m on Wednesday, January 7,71,,1993. The second public will be haid during the City counc l Muting pan. on Tuesday, Own 2. 1093, 1p lira Cin 1201Leoper CsN ti, Tsses. re PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 55245 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON FIRST READING AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J.M. VAUGHN which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 28th day(s) of February, 1993. One Time(s) $ 53.65 7 r Business Office Administrative Assistant Subscribed and sworn to before me this 5th day of March, 1993. Notary Public, Nueces County, Texas NOTICE Or PASSAGE OF OReNF%NCE ON -FIRST READING ANNEXING 10.42 ACRES OF LAND OUT OF A 400 ACRE TRACT M THE MARIANO LO- PEZ DE HERRERA GRANT, ABSTRACT NO. 909, NUE- CES COUNTY, TEXAS, OWNED BY J.M. VAUGHN. A copy of the ordinance is on file in the City Secretary's office. The ordinance was passed end approved on first reading by the City Council of The City of Corpus Christi, Texas on the 23rd dey Of February, 1993. /s/ Armando Chaps City Secretary _Citcof Cors Christi PUBLISHER'S AFFIDAVIT State of Texas, } County of Nueces } ss: CITY OF CORPUS CHRISTI AD# 50023 PO# Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE ON SECOND READING ANNEXING 10.42 ACRES OF LAND OUT OF A 400 ACRE TRACT IN THE MARIANO which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 7th day(s) of March, 1993. One Time(s) $ 35.20 • Business Office Administrative Assistant Subscribed and sworn to before me this 16th day of March, 1993. l bs q UQ2 u r eCkte Notary Public, Nueces County, Texas Notat4 State'' T My Comm. Exp. NOT«. _xry'BAGE 8E te" ADING ANNEX .42 ACRES OF LAND • OF A 400 ACRE TRACT fN THE MARIANO LO- PEZ DE HERRERA, GRANT, ABSTRACT NO. SOS, NUE- PH COUNTY, TEXAS,. OWNED BY J.M. VAUGHN. • A copy of the ordinance Is on file in the City ,Rearetary'e office. The ordinance was passed and approved on second tending by the City Council of the City of Corpus Christi, Tena on the 2nd dry of March, 1993. /1/ Armando Chips • City Secretary City of Corpus Christi State of Texas, } County of Nueces } ss: PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI AD# 48486 P01 Before me, the undersigned, a Notary Public, this day personally came Connie Haralson, who being first duly sworn, according to law, says that she is Business Office Administrative Assistant of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 021585 ANNEXING 10.42 ACRES OF LAND OUT OF A 400 ACRE TRACT IN THE MARIANO LOPEZ DE HERRERA which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 14th day(s) of March, 1993. One Time(s) $ 33.60 I NOTICE OF PASSAGE OF O4CINANCeol 021585 ANNEXING lea ACRES OF LAND OUT IX 4 400 ACRE TRACT IN THE ..MqtARIANO LO- - 05 LHUtPJ GRANT, ABSTRACT 140. 606, NUE- ' CES COUNTY, TEXAS, OWNED BY J.M. VAUGHN. A copy of the ordinance is on 6le in the City Secretary's office. The ordinance was passed ' and approved on third reading by the City Council of the City of Corpus Christi, o 1Texas on the 9th day c1 of March, 1993. /s/ Armando Chaps e City Secretary D City of Corpus Christi Ci Notes hi --.L 911 ET NI a T t L.4-4.IJ f ZA-A-0.44•3 Business Office Administrative Assistant Subscribed and sworn to before me this 26th day of March, 1993. Notary Public, Nuec County, Texas T EDNA KOSTER Notary PubIC State of Texas My Comm. Exp. 11-30-96