HomeMy WebLinkAbout021586 ORD - 03/09/1993AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A 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; FINDING
ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EX 1'RATERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING,
CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR
SEVERABILITY.
WHEREAS, J. M. Vaughn 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;
WHEREAS, the said owner is desirous of contracting with the City for the
annexation of said territory to the City of Corpus Christi;
WHEREAS, public hearings were duly held on January 27, 1993 and on
February 2, 1993, at a meeting of the City Council following publication of due notice of said
hearing in 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 on February 2, 1993;
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;
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 is hereby authorized to execute a contract
with Mr. J. M. Vaughn, 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,
93NH2889.002.ak
021586
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for annexation of land and territory described as follows:
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 sough 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;
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:
93NH2889.002.ak
3
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.
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.
A F1'EST:
City Secretary
APPROVED tJ Z1AY OF
JAMES R. BRAY JR., CITY ATTORNEY
By:
:Assistant City ney
93NH2889.002.ak
THE CITY OF CORPUS CHRISTI
MAYOR, MARIODES
9�
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.
T' n
(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 Oa day of De- , 19a2-
ATTEST:
9.2Z
ATTEST: OWNER
All 4 -
ATTEST:
City Secretary
7
Mr. J. M. Vaugh
BY
CITY OF CORPUS CHRISTI, TEXAS
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� v Pt?
orbert J. Hart
Assistant City Aften'ney
93NH2889.002.ak
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EXHIBIT A
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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;
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
iat the foregoing ordinance was read for the first time and passed to its second reading o:
the Z3 day of Ft h , 19 ct3 , by the following vote:
Mary Rhodes
Cezar
� Galindo
Len l -Herrera
Betty Jean Longoria
eta f
Edward A. Martin
Joe McComb
Dr. David McNichols
Clif Moss
Mary Pat Slavik
That the foregoing ordinance was read for th second time and passed to its third reading on
this the Z day of MA rd I , 19 2j , by the following vote:
Mary Rhodes
Cezar Galindo
Lee C ucrrere
Betty Jean Longoria
Edward A. Martin
Jee-IrfeGomb
Dr. David McNichols
Clif Mass
Mary Pat Slavik
That the foregoing ordinance was read for the third time and passed finally on this the Q th
day of %%ed.) , 19 9 , by the following vote:
Asicht—
Mary Rhodes
Cezar Galindo
L Gue:era
Betty Jean Longoria
Edward A. Martin
JoelvfeCirar
Dr. David McNichols
Clif Moss
Mary Pat Slavik
PASSED AND APPROVED, this the 744 day of ting,77fit
APPROVED:7/, DAY OF
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MAYOR
THE C
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4/.7.21.?219
JAMES R. BRAY, JR., CITY ATTORNEY
By
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*;)Assistant City Attorney
021586
F CORPUS CHRISTI
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 55250
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 ANNEXING 10.42
ACRES OF LAND OUT OF A 400 ACRE TRACT 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)
$ 31.90
Business Office Administrative Assistant
Subscribed and sworn to before me this 5th day
of March, 1993.
Qkb(Ca CL tc<j'
Notary Public, Nueces County, Texas
QF CEan NCE ON
tleAGE
FIRST READING
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
CONTRACT WITH J.M.
VAUGHN FOR THE ANNEX-
ATION OF APPROXIMATELY
10.42 ACRES OF LAND OUT
OF A 400 ACRE TRACT IN
THE MARIANO LOPEZ DE
HERRERA GRANT, AB-
STRACT 606, NUECES
COUNTY, TEXAS; FINDING
ALL OF SAID LAND TO UE
ENTIRELY WITHIN THE EX-
TRATERRITORIAL JURISDIC-
TION OF THE CITY OF COR-
PUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS,
AND ADJACENT THERETO.
THE PURPOSE IS FOR AN-
NEXING 10.42 ACRES OF
LAND WITH NO MONETARY
FEE TO THE CITY.
A copy of the contract
is on file in the City
Secretary's office.
The ordinance was passed
and approved on first
taading by the City Council of
the City of Corpus Christi,
Texas on the .23rd day
of February, 1993.
/s/ Armando Crape
City
Soetetety
City of Corpus Clvisti
V
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 48372
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 PASSAGE OF ORDINANCE NO. 021586 AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH J.M. VAUGHN FOR THF ANNEXATION
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)
$ 57.60
Business Office Administrative Assistant
Subscribed and sworn to before me this 26th day
of March, 1993.
Notary Public, Nuece
unty, Texas
EDNA KOSTER
Notary Public
State of Texas
Comm. Exp. 11-30-96
11
r'
MOTO,. OF PASSAGE
OF OPIEENANM AUTHORIZINGfes: 021596 F
MANAGER TO EXECUTE THE d
CONTRACTWTH rr
VAUGHN FOR THE J.X a
ATION OF APPROXIMATELY
10.42 ACRES OF LAND OUT r,
OF A 400 ACRE TRACT IN
THE MAR/ANO LOPEZ DE
HERRERA GRANT, AB-
STRACT 606, NUECES
COUNTY, TEXAS; FINDING
ALL OF SAID LAND TO LIE
ENTIRELY WITHIN THE EX-
RIT016ALSD-
TION OF PUE TWE COI
S.
THERETO.
LAND * FOR P
FEE TO THE CITY
A copy of the contract
is on Secretary'sfile in the City
Terdina ce was
end approved on third passed
reading by the City Council of
the C y of Corpus Christi,
Texas on the 9th day
of March, 1993.
/s/ ArmanAb Ohps
City of Coy
�COraa 6.M.
AND
7iE
PUBLISHER'S AFFIDAVIT
State of Texas, }
County of Nueces } ss:
CITY OF CORPUS CHRISTI
AD# 49997
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 AUTHORIZING
THE CITY MANAGER TO EXECUTE A CONTRACT 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)
$ 59.20
Business Office Administrative Assistant
Subscribed and sworn to before me this 16th day
of March, 1993.
Q,zbrca WdOtt recd
Notary Public, Nueces County, Texas
t,c3
NotW
State
M, Comrr.. Exp.
641, M cam Utnen'Nos.
NOT& I set
, OF ORDINANCE ON
SECOND READING
AUTHORIZING THE CITY
MANAGER TO EXECUTE A
CONTRACT WITH J.M.
VAUGHN FOR THE ANNEX-
ATION OF APPROXIMATELY
10.42 ACRES OF LAND OUT
OF A 400 ACRE TRACT IN
THE MARIANO LOPEZ DE
HERRERA GRANT, AB-
STRACT 606, NUECES
COUNTY, TEXAS; FINDING
ALL OF SAID LAND TO LIE
ENTIRELY WITHIN THE EX-
TRATERRITORIAL JURISDIC-
TION OF THE CITY OF COR-
PUS CHRISTI, TEXAS,
ADJOINING, CONTIGUOUS,
AND ADJACENT THERETO.
THE PURPOSE IS FOR AN-
NEXING 10.42 ACRES OF
LAND WITH NO MONETARY
FEE TO THE CITY.
A copy of the contract
is on file in the City
Secretary's office.
The ordinance was passed
and approved on second
reading by the City Council of
the City of Corpus Christi,
Texas on the 2nd day
of March, 1993.
/s/ Armando Chaps
City Secretary
City of Corpus Christi