Loading...
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 } } 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