HomeMy WebLinkAbout028268 ORD - 08/18/2009Page 1 of 4
ORDINANCE
ANNEXING 54.837 ACRES OF LAND OWNED BY THE VETERANS'
LAND BOARD OF THE STATE OF TEXAS, LOCATED AT THE
INTERSECTION OF CARBON PLANT ROAD AND THE EASTERN
INTERSTATE HIGHWAY 37 SERVICE ROAD; PROVIDING THAT THE
OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS,
PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY
OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO
AND BOUND BY THE CITY CHARTER, ORDINANCES,
RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE
OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING
FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING
FOR PUBLICATION; AND DECLARING AN EMERGENCY
WHEREAS, the Veterans' Land Board of the State of Texas ("Veterans' Land Board"),
is the sole owner of all interest in the surface of a 54.837 acre tract of land, located at
the intersection of Carbon Plant Road and the eastern service road of Interstate
Highway 37, which is situated in Nueces County, Texas, and which is described in
Exhibit A;
WHEREAS, the Veterans' Land Board petitioned and requested the City Council of the
City of Corpus Christi, Texas, to annex the land to the City of Corpus Christi, Texas, and
make the tract of land a part of the City of Corpus Christi, Texas;
WHEREAS, the Veterans' Land Board's land is contiguous and adjacent to the existing
city limits of the City of Corpus Christi, Texas;
WHEREAS, the Veterans' Land Board's is the subject of a Memorandum of Agreement
entered into by and between the Veterans' Land Board, Nueces County Texas, and the
City of Corpus Christi;
WHEREAS, the City of Corpus Christi is authorized to annex the tract of land owned by
the Veterans' Land Board, under the authority of Section 43.028, Texas Local
Government Code;
WHEREAS, the City of Corpus Christi desires to annex 54.837 acre tract of land owed
by the Veterans' Land Board;
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;
Vet Cemetery annexation 0$182009
028268
Page 2 of 4
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 described in this
ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That a 54.837 acre tract of land, now or formerly owned by the Veterans'
Land Board, described in Document No. 2008047495, dated October 24, 2008, filed for
record in Nueces County Deed Records, that lie between the current City limits and the
southern shoreline of Nueces Bay are annexed to, brought within the corporate limits,
and made an integral part of the City of Corpus Christi. The tract of land is described by
metes and bounds in Exhibit A and by a map in Exhibit B of this ordinance.
SECTION 2. That the owners and inhabitants of the tracts or parcels of land annexed
by this ordinance are entitled to all the rights, privileges, and burdens of other citizens
and property owners of the City of Corpus Christi, and are subject to and bound by the
City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions,
laws, rules and regulations of the City of Corpus Christi and to all intents and purposes
as the present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 3. That the official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas.
SECTION 4. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to add the territory annexed as required by law.
SECTION 5. 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.
SECTION 6. This ordinance goes into effect at 12:01 a. m, September 1, 2009.
SECTION 7. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
Vet Cemetery annexation 08/82009
Page 3 of 4
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance isassed and takes effect
upon first reading as an emergency measure on this the I Sm- day of August, 2009.
ATTEST:
Armando Chapa
City Secretary
APPROVED: August 18, 2009
R. JFining
First Assistant City Attorney
For City Attorney
Vet Cemetery annexation 081 82009
CITY OF CORPUS CHRISTI
Joe A ame
Mayor
Corpus Christi, Texas
day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Page 4 of 4
Respectfully, Respectfully,
Joe dame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
Vet Cemetery annexation 08102009
023268
EFFECTIVE DATE
EXHIBIT A
Metes and Bounds Description
Tract 1
Veterans' Land Board of State of Texas Property
Being54.837 acres of land, more or Tess out of a 2.158 acre tract recorded in Document
No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19
acre tract recorded in Volume, 2130, Page 84, Deed Records of Nueces County, Texas,
and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of
Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, Page
224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio
Martinez Survey 420, A-857, and Pedro Hinojosa Survey, A-850, and this 54.837 acre
tract being more particularly described by metes and bounds as follows:
Beginning at a found 5/8 -inch iron rod for the southeast corner of this tract and
g 9
said 34.19 acre tract, said corner also being the southwest corner of a 1.17 acre
tract recorded in Volume 1810, page 224, Deed Records of Nueces County,
Texas, and said corner being on the north right—of-way line of Interstate Highway
37;
Thence N 59-22-23 W with the south boundary of this tract and said 34.19 acre
tract, the same being the north right-of-way line of I.H. 37, 67.14 feet, to a found
broken concrete monument for a corner of this tract;
Thence N 57-04-52 W and continuing with the south boundary of this tract and
said 34.19 acre tract, the same being the north right—of-way line of l . H . 37,
1499.83 feet, to a found TxDot concrete monument with a brass disk for a corner
of this tract;
Thence N 53-29-10 W and continuing with the south boundary ry of this tract and
said 34.19 acre tract, the same being the north right-of-way line of LH. H. 37, 400.92
feet, to a found TxDot concrete monument with a brass disk for a corner of this
tract;
Thence N 47-18-22 W and continuing with the south boundary of this tract and
said
34.19 acre tract, the same being the north right-of-way line of 1.H. 37, 256.03
feet,
to the southwest corner of this tract, the same being the southeast corner of
said 2.158 acre tract and said corner being the intersection of the north right-of-
way
line of !.H. 37 with the proposed east right-of-way line of the Joe Fulton
Trade Corridor;
Thence N 15-54-24 W with the west boundary of this tract and said 2.158 acre
tract, the same beingthe proposed east right-of-way line of the Joe Fulton Trade
t ra .
Corridor, at 1.21 feet pass a found TxDot concrete monument with a brass disk,
in all, 138.00 feet, more or less, for a corner of this tract;
A-1
Vet Cemetery annexation 08/02009
Thence N 08-52-34 E with the west boundary of this tract and said 2.158 acre
tract, the same being the proposed east right-of-way line of the Joe Fulton Trade
Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for
a corner of this tract;
Thence N 65-11-10 E with the west boundary of this tract and the proposed east
wa
ri ht -of - line of the Joe Fulton Trade Corridor and entering said 2.158 acre
right-of-way
tract, 72.11 feet, to a found TxDot concrete monument with a brass disk for an
inside corner of this tract, said corner being on the east boundary of said 2.158
acre tract;
Thence N 05-25-57 E with the west boundary of this tract and the proposed east
right-of-way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19
g Y
acre tract and enter said 40 acre tract, at 293.33 feet leave said 40 acre tract and
enter said 54.91 acre tract, in all 317.17 feet, to set 5/8 -inch iron rod with cap for
the northwest corner of this tract;
Thence S 88-44-26 E with the north boundary of this tract, at 820.80 feet leave
said 54.91 acre tract and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -
inch iron rod with cap for the north corner of this tract;
Thence S 34-47-58 E with the north boundary of this tract, 1186.18 feet, to a set
5/8 -inch iron rod with cap for the northeast corner of this tract;
Thence S 20-59-39 W with the east boundary of this tract, at 67.63 feet pass a
found 5/8 -inch iron rod being the northwest corner of said 1.17 acre tract the
same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the
point of beginning and containing 54.837 acres of land, more or less.
Note: Bearings are State Plane Grid bearings
A-2
Vet Cemetery annexation 08102009
EXHIBIT B
MAP OF TRACTS BEING ANNEXED
EXHIBIT B
TRACT 2
Planned Future Road ROWAnneXarton
Agb,
-4700
FUTURE TEXAS
STATE VETERANS'
CEMETERY 54.837 ACS
ROPOSED ANNEXATION (CARBON PLANT RR)
TRACTS 1 & 2
TRACT 1$ . 37A 1
VETERANS' CEMETARY
WAGT2.
Piamect Poti4 ey:R` ROW Atmer,3fOo1
Acf'5 (1,32.5Q)
i .
NUECES COMITY
8.GFCOPU PORT
C. STATE OF 1EXAS
B-1
Vet Cemetery annexation 08102009
State of Texas
County of Nueces
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PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5915238
Po ##
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
e3,2:a b
publication of, NOTICE OF PASSAGE OF ORDINANCE N0:=02-8-2Fr which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
8/24/2009,8/24/2009.
$ 152.04
1Time(s)
On this . v • ay of
is a true and an exact cop made
GWENN J, MEDINA
MY COMMISSION ExFIRES
August 2, 2012
certify that the attached document
publisher.
tary Public, State of Texas
CALLER -TIMES « August 24, 2009 a SE
NOTICE OF
PASSAGE OF
ORDINANCE NO.
028268
Ordinance annexing
54.837 acres of land
owned by the
Veterans' Land;
Board of the State of E
Texas, located at the
intersection of Car-
bon Plant Road and
the eastern Interstate
Legal Notices 1110
Highway 37 service
road, providing that
the owners and in-
habitants are entitled
to all rights, privileg-
es, and burdens of
other citizens and
property owners of
the City of Corpus
Christi and are sub-
ject to and bound by
the City Charter, ordi-
nances, resolutions,
and rules; providing
for amendment of the
official maps of the
City of Corpus Chris-
ti; providing an effec-
tive date; providing
for publication. This
ordinance was
passed and approved
by the City Council of
the City of Corpus
Christi on August 18,
2009. The effective
date is 12:01 a.m. on
September 1, 2009.
/s/ Armando Chapa
City Secretary
City of Corpus Christi