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Home My WebLink About028451 ORD - 12/15/2009Page 1 of 4 ORDINANCE DISANNEXING APPROXIMATELY 1.00 ACRE OF LAND, MORE OR LESS, BEING 0.01 ACRES OF EXISTING UP RIVER ROAD RIGHT-OF- WAY AND 0.99 ACRES OWNED BY MARKWEST JAVELINA COMPANY, LLC, ADJACENT TO THE CITY LIMITS ALONG UPRIVER ROAD; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. WHEREAS, the MarkWest Javelina Company, LLC, ("MarkWest Javelina") has petitioned the City to adjust its boundaries along Up River Road by disannexing a 0.99 acre tract of land; WHEREAS, the property being disannexed is the location of the meters where MarkWest Javelina received natural gas used in its industrial processes and to fuel its operations; WHEREAS, the City is not able to supply gas through its system in the volumes and at the pressures required by MarkWest Javelina; WHEREAS, disannexation of the meters will allow MarkWest Javelina to purchase natural gas that will not be subject to a franchise fee imposed on its gas suppliers, and ensure MarkWest Javelina's competitive position relative to other industries located within the City's industrial districts; WHEREAS, it has been determined by the City Council that the territory now proposed to be disannexed abuts and is contiguous and adjacent to the City of Corpus Christi's Industrial District No. 1, and will become part of the district upon disannexation; WHEREAS, it has been determined by the City Council that the territory now proposed to be disannexed constitutes lands and territories subject to disannexation 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 disannex 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 approximately 1.00 acre more or less being a 0.01 acre portion of existing Up River Road and 0.99 acres, owned by Markwest Javelina Company, LLC are disannexed. The relocated City limits line is described in Exhibit A of this ordinance, which is attached to and incorporated into this ordinance. The approximate location of the 1.00 tract of land is shown on the map in Exhibit B of this ordinance, which is attached to and incorporated into this ordinance. 28451 Markwest Javelina disannexation 12092009 Page 2 of 4 SECTION 2. 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 3. 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 4. 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 5. This ordinance goes into effect at 12:01 a.m., December 31, 2009. SECTION 7. 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 and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is;s�sed and takes effect upon first reading as an emergency measure on this the =—`day of December, 2009. ATTEST: Armando Chapa City Secretary APPROVED: December 9, 2009 J. - Reinin Fir Assista ' City Attorney For City Attorney Markwest Javelina disannexation 12092009 CITY OF CORPUS CHRISTI Joe Aflame Mayor Page 3 of 4 Corpus Christi, Texas m 421day of Attejtrst, 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: I/we, 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. Respectfully, Respectfully, Joe A ame 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 u John E. Marez Nelda Martinez Mark Scott ',".845j Markwest Javelina disannexation 12092009 EXHIBIT A Metes and Bounds Description Replacing the existing city limit line established by annexation Ordinance No. 003911, 10-27-1954, with the following city limit lines, causing the disannexation of 1.00 acres of land, more or less, further described as follows: Being a 1.00 acre tract of land, more or Tess, with 0.01 acres of the existing Up River Road right-of-way and, 0.99 acres out of a 26.40 ac. Tract of land (called 25.97 ac. Tract) and being out of the Enrique Villarreal Grant, Abstract No 1, Nueces County, Texas, a portion of that certain 42.55 acre tract conveyed to Peter J. Whelan by deed recorded in Volume 145, Pages 359 and 360, Deed Records Nueces County, Texas, and being the same land set out as Coastal Javelina Addition, as shown by the Map or Plat thereof, recorded in Volume 54, Page 56 and 57, Map Records Nueces County, Texas, including a contiguous portion of existing Up River Road and being more fully described by metes and bounds as follows: COMMENCING at the point of intersection of the present city limit line, the north right- of-way line of Up River Road, established by Ord. No. 003911 dated 10-27-1954 and the northerly extension of the west boundary line of said Coastal Javelina Addition, for the north-northwest corner of the tract here -in described; THENCE southeast along said present city limit line, 15.40 feet, more or less, to a point, for the north-northeast corner of this tract and PLACE OF BEGINNING; THENCE S 18° 07' 13" W, at 53.00 feet, more or less, pass the south right-of-way line of existing Up River Road, a distance in all of 593.48 feet, more or less, to a point, for an inner corner of this tract; THENCE S 71° 52' 47" E, a distance of 31.91 feet, to a point, for a corner of this tract; THENCE N 87° 12' 56" E, a distance of 175.98 feet, to a point for a corner of this tract; THENCE S 02° 47' 28" E, a distance of 175.00 feet, to a point, for a corner of this tract; THENCE S 87° 12' 56" W, a distance of 197.00 feet, to a point, for a corner of this tract; THENCE N 02° 47' 28" W, a distance of 166.97 feet, to a point, for a corner of this tract; THENCE N 71° 52' 47" W, a distance of 30.14 feet, to the west property line of said 26.40 acre tract; THENCE N 18° 07' 13" E, at 553.92 feet, more or less, pass the south right-of-way line of existing Up River Road, a distance in all of 606.52 feet, more of less, to the afore- mentioned point on the present city limit line and the north right-of-way line of Up River ' Road. A-1 Markwest Javelina disannexation 12092009 EXHIBIT B PROPERTY TO BE DISAMNEXED B-1 Markwest Javelina disannexation 12092009