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Home My WebLink About022167 ORD - 02/28/1995AN ORDINANCE ANNEXING A 64 ACRE TRACT, MORE OR LESS, BEING A PORTION OF THE GRANT TO GREGORIO FARIAS, ABSTRACT NUMBER 592, BEING ALSO DESCRIBED AS A PORTION OF TRACT 3 AS DESCRIBED IN THE WARRANTY DEED TO GARNETT T. BROOKS AND PATSY A. BROOKS FROM STAR HOLDING COMPANY, INC. AND RECORDED IN VOLUME 1754, AT PAGES 634 THROUGH 640, INCLUSIVE, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS AND A 57 ACRE PARCEL, MORE OR LESS, CONTAINING SIX THOUSAND FIVE HUNDRED ( 6,500) LINEAL FEET OF INTERSTATE HIGHWAY 37 RIGHT-OF-WAY, FOR A TOTAL OF 121 ACRES. WHEREAS, the City of Corpus Christi desires to annex said territory to the City of Corpus Christi; WHEREAS, on January 25, 1995 and January 31, 1995 public hearings were held, following publication of notice of said hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory at which all persons interested in the annexation were given the opportunity to be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at public hearings on January 25, 1995 and January 31, 1995; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; 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 lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 64 acre tract, more or less, being a portion of the grant to Gregorio Farias, Abstract Number 592; being also described as a portion of Tract 3 as described in the Warranty Deed to Garnett T. Brooks and Patsy A. Brooks from Star Holding Company, Inc. and recorded in Volume 1754 at Pages 634 Through 640, inclusive, of the Deed Records of Nueces County, Texas and a 57 acre parcel, more or less, containing six thousand five hundred (6,500) lineal 95N112870.201 01-18-95 9.2 alLMED, 2 feet of Interstate Highway 37 right-of-way, for a total of 121 acres is hereby annexed to the City of Corpus Christi, said lands and territory being described by metes and bounds in "Exhibit A" which is attached hereto and by this reference made a part hereof for all purposes as though fully set forth herein. The tract or parcel of land as set forth in "Exhibit A" shall hereafter be a part of the City of Corpus Christi, Texas subject to all the rights, privileges and burdens thereof and shall be subject to the City Charter of the City of Corpus Christi, 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. SECTION 2. That there is hereby approved as part of this annexation ordinance a service plan, such service plan being described in "Exhibit B" which is attached hereto and by this reference made a part hereof for all purposes as though fully set forth herein. The service plan provides for the same number of services and levels of service for the annexed area to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 3. 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. 95NH2870.201 01-18-95 T "EXHIBIT A" METES AND BOUNDS DESCRIPTION FORA 121 ACRE TRACT OF LAND PORTION OF A GRANT TO GREGORIO FARIAS OUT OF ABSTRACT No. 592 A PORTION OF TRACT 3 WARRANTY DEED TO GARNETT T. & PATSY A. BROOKS ANDA SEGMENT OF I. H. 37 Being a 121 acre tract, more or less, consisting of a portion of I. H. 37 (located north of and adjacent to the present city limit line and south of the Nueces River) and a portion of the grant to Gregorio Farias, Abstract Number 592; being also described as a portion of Tract 3 as described in the Warranty Deed to Garnett T. Brooks and Patsy A, Brooks, from Star Holding Company, Inc. as recorded in Volume 1754 at Pages 634 through 640, inclusive, of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a point, the intersection of the present city limit line (the westerly extension of the common line between lots 16 and 17, Calallen Irrigation Gardens Subdivision as shown on plat in Volume T page 159, Nueces County plat records) and the west right-of-way line of the existing Union Pacific Railroad for the southeast corner of this tract; THENCE in a northerly direction along said west right-of-way of the existing Union Pacific Railroad an arc distance of 490.00 feet, more or less, to a point on a curve to the right whose radius = 5,779.58 and whose length = 713.45 feet; THENCE with said curve to the right, in a northerly direction, an arc distance of 713.45 feet more or less, to its point of tangency; THENCE N 10 44' 00" E, continuing with said west right-of-way line of the existing Union Pacific Railroad, a distance of 1751.05 feet, more or less, to the point of curvature of a circular curve to the left, whose radius =11,409.20 feet and whose length = 1135.03 feet; THENCE northerly with said curve to the left and continuing with said west right-of-way line of the existing Union Pacific Railroad, a distance of 1135.03 feet, more or less, to its point of tangency; THENCE N 05 02' 00" E, continuing with said west right-of-way line of the Union Pacific Railroad, a distance of 305.42 feet, more or less, to a point, for the southerly northeast corner of this tract; THENCE N 72 02' 25" W at 1650.40 feet, more or less, to the east right-of-way line of existing I. H. 37, for an interior angle of this tract; THENCE in a northerly direction with said east right-of-way line of existing I. H. 37, to its intersection with the present city limit line, the southerly low water line of the Nueces River, for the northerly northeast corner of this tract; METES AND BOUNDS DESCRIPTION FOR A 121 ACRE TRACT OF LAND ... continued THENCE in a westerly direction with said present city limit line, the southerly low water line of the Nueces River to its intersection with the west right-of-way line of existing I H 37, for the northwest corner of this tract; THENCE in a southerly direction, with the meanders of the west right-of-way line of existing I. H. 37, the present city limit line as established by ordinance #6636 dated September 19, 1962, to its intersection with the westerly extension of the aforementioned common line between lots 16 and 17, Calallen Irrigation Gardens Subdivision, for the southwest corner of this tract and a corner in the present city limit line; THENCE in an easterly direction, continuing with the present city limit line, crossing I H 37, to a point on the west right-of-way line of the existing Union Pacific Railroad, for the point of beginning. "EXHIBIT A" SAN PATRICIO COUNTY ANNEXATION AREA SAN PATRICIO COUNTY "EXHIBIT A" "EXHIBIT B" SERVICE PLAN FOR A 64 ACRE TRACT OF LAND PORTION OF A GRANT TO GREGORIO FARIAS OUT OF ABSTRACT No. 592 A PORTION OF TRACT 3 WARRANTY DEED TO GARNETT T. & PATSY A. BROOKS AND A 6,500 LINEAL FEET (57 ACRES) OF I H 37 RIGHT-OF-WAY The City will assume maintenance of service facilities, such as future curbs, gutters, gas, drainage, water and sewer facilities, that are constructed, in dedicated public rights-of-way, in accordance with City standards after inspection and acceptance by the City. Items to be provided in the service plan 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 subdivision, that are developed in accordance with the Platting Ordinance of the City of Corpus Christi; 5) 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; and 6) The zoning designation for the 121 acre tract is proceeding concurrent with the annexation proceedings. A "B-4" General Business District (for the 64 acre factory outlet center tract) and "R -1B" One Family Dwelling District (for the segment of I. H. 37 right-of-way) has been requested for the zoning public hearings. 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 21 day of r be uta vul , 19 ot,rj , by the following vote: Edward A. Martin 01, Dr. David McNichols / David Noyola T Clif Moss J Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria CU f That t foregoing ordinance wa$sead for the second time and passed finally on this the 18 day of bl• 19 , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria Edward A. Martin Dr. David McNichols (4P, David Noyola YY Clif Moss PASSED AND APPROVED, this the 29 day ofP.- IJP tnC IM 19 I,7 . ATTES Armando Chapa, City Secretary APPROVED THIS 18TH DAY OF JANUARY, 1995: JAMES R. BRAY, JR., CITY ATTORNEY By: rbert J. Hart, Assist. Attorney 95NH2870.201 01-18-95 022167 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 21 day of b: v , 19 C,5 , by the following vote: Mary Rhodes Edward A. Martin Dr. Jack Best Dr. David McNichols 0»)! Melody Cooper David Noyola Cezar Galindo r 1. C1if Moss Betty Jean Longoria That t foregoing ordinance wassead for the second time and passed finally on this the ) 8 day of '1.91, 19 , by the following vote: Mary Rhodes Edward A. Martin Dr. Jack Best Dr. David McNichols Melody Cooper David Noyola Cezar Galindo /�, Clif Moss Betty Jean Longoria a ., PASSED AND APPROVED, this the 25 day ok bv'tno. wl , 19 I . A Armando Chapa, City Secretary MAYOR THE CITYOF CORPUS CHRISTI APPROVED THIS 18TH DAY OF JANUARY, 1995: JAMES R. BRAY, JR., CITY ATTORNEY 95NH2870.201 01-18.95 T R 022167 Any provision herein which restricts the Seta Rental or use of the described REAL PROPERTY because of Race, Color, Religion, Sex, Handicap, Familial Status or National Origin, is invalid and unenforceable under FABERAL LAW, 3/12/89. STALE OF TEXAS COUNTY Of NUECES 1 hereby certify that this instrument wasflOEDinFdeM atter Segue.:me an the date and at the time stamped herein by ma arO v, duly RECORDED. in the Official Public Records of Nu Tees County, Texas on MAR 2 7 1995 COUNTY Lsea-) NUECES COUNTY, TEXAS Icthi et o -i corpus ek(iS� C . C.: -t->c lF 1 Doc* 955192 • 23.00 Date 03-27-1995 i ole 02:35:48 Fled d Recorded in Official Records of NUECES County, TX. ERNEST M. BRIONES Clerk of Courts