HomeMy WebLinkAbout10630 ORD - 12/22/197112/22/71:BJW
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY
OF CORPUS CHRISTI, TEXAS, TO INSTITUTE ANNEXATION BY
EXECUTION OF A C014TRACT BETWEEN THE CITY 0 C P.PUS
CHRISTI AND THE SARATOGA LAND COMPANY, ET �; TRUE
COPY OF WHICH IS ATTACHED HERETO AN BY T I '� FERENCE
INCORPORATED HEREIN FOR ALL PURPOSES, IL NG EXHIBITS
THERETO, AS THOUGH FULLY SET FORTH E I , AFTER DUE
NOTICE AND HEARING, FOR THE ANNEXAI� 0 TWO T CTS OF
LAND, TRACT 1, CONSISTING OF 330.�8j CR S, MORE ESS,
AND TRACT 2, CONSISTING OF 74.772J(4CRES, MORE L S,
RESPECTIVELY SITUATED IN LOTS 1 OTHkkOUGH 4 SE N
FLOUR BLUFF AND ENCINAL FARMI AV GARDEN T C , LOT 0,
OSO FARM TRACTS, LOT 7, AND PORTION OF L 1 AND 6,
SECTION 11, BOHEMIAN COLONY�L�NbS, AS TQ—T CT 1, AND
IN LOT 1, SECTION 12, BO�iMM�PN COLONY LA S, f
TRACT 2, ALL AS MORE PARTICULARLY DES( ED ND
BOUNDS AS HEREINAFTER SE11FORTH; FINDIN ALL ANDS
TO LIE ENTIRELY 411THI,tf THE EXTRAVRENRY. IAL JUR ON
OF THE CI TY OF COI,2f; UPS PHRI STI , AtJG, ON TI GUOUS, AND
ADJACENT THERETO- GRQVIDING EFFE DATE PROVIDING
SEVERABILITY; ANkAT t LARING AN E
WHEREAS, THE SARGA LAN D CO /), D. H WN BETTE T. WINTER;
I.
GEORGE S. HAWN INT SS A TEXAS LIM E P; J SAREK, JOINED
BY HIS WIFE, BENI /{. CHARLES L KOS D HIS WIFE, FRANCES
KOSAREK; W. J� OOSV/iiR SK, JOINED BY HI WIFE, A EK; LODIE KOSAREK
I HUSBAND,
MOKRY�ALSO K lrt� AS LOTTIE JOSE HINE Kos K MOKRY�, JOINED BY HER H ,
JOE MOKRK; E 'I E. KOSAREK, J01 ED`B IS WIFE, VDALARS KOSAREK; AND ANN
KOSAREK SP CAK (ALSO KNO\WNj, AS ANI41E KO AREK K), JOINED BY HER HUSBAND,
EMIL SPICAK; ARE THE SINGLE &OTIND AND ALL H OWNERS, OF THE HEREINAFTER
,l)"PTIC.L LY DES OI BE TRA S ADJOONN�ING, CONTIGUOUS AND ADJACENT TO
�CITY RP US CHRISTI D WHOLLY k THIN ITS EXTRATERRITORIAL JURISDIC^
TION; AND
WHEREAS, TH ID OWNERS RE DESIROUS OF CONTRACTING WITH THE CITY
FOR THE ANNEXATION OF SAID TERRITORY TO THE CITY OF CORPUS CHRISTI; AND
WHEREAS, UPON AND AFTER DUE NOTICE AND HEARING ACCORDING TO LAW,
IT IS THE FINDING OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT IT
IS IN THE PUBLIC INTEREST THAT SUCH TRACTS BE CONTRACTUALLY ANNEXED TO SAID
CITY, NOW, THEREFORE,
TEXAS:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IS
HEREBY AUTHORIZED A14D DIRECTED TO INSTITUTE ANNEXATION BY EXECUTION OF A
10630
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE SARATOGA LAND COMPANY
AND JOHN D. HAWN; BETTE T. WINTER; GEORGE S. HAWN INTERESTS, A TEXAS LIMITED
PARTNERSHIP; JOE KOSAREK, JOINED BY HIS WIFE, BENITA KOSAREK; CHARLES L.
KOSAREK, JOINED BY HIS WIFE, FRANCES KOSAREK; W. J. KOSAREK, JOINED BY HIS
WIFE, LYDIA KOSAREK; LODIE KOSAREK MOKRY ALSO KNOWN AS LOTTIE JOSEPHINE
KOSAREK MOKRY), JOINED BY HER HUSBAND, JOE MOKRY; EDWIN E. KOSAREK, JOINED
BY HIS WIFE, DALLARS KOSAREK; AND ANN KOSAREK SPICAK (ALSO KNOWN AS ANNIE
KOSAREK SPICAK , JOINED BY HER HUSBAND, EMIL SPICAK, 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,
FOR ANNEXATION pOF LAND AND TERRITORY DESCRIBED AS FOLLOWS:
TRACT 1: 330.68 ACRES, MORE OR LESS, SITUATED IN LOTS 1 THROUGH 1 },
SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,
LOT 10, OSO FARM TRACTS, LOT 7 AND A PORTION OF LOTS 1 AND
6, SECTION 11, BOHEMIAN COLONY LANDS, TO -WIT:
BEGINNING AT THE MOST SOUTHERLY OR SOUTHEAST CORNER
OF-LOT 4, SECTION 5, FLOUR BLUFF AND.ENCINAL FARM AND
GARDEN TRACTS FOR THE SOUTHEAST CORNER AND POINT OF
BEGINNING OF THIS TRACT;
THENCE, WITH THE SOUTHWESTERLY BOUNDARY LINE OF LOTS
4 THROUGH 1, RLSPEC7IVELY, NORTH 6O° 58' 35" WEST,
2686.33 FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF EVER -
HART ROAD TO A CORNER OF THIS TRACT;
THENCE, WITH SAID RIGHT -OF -WAY LINE, SAME BEING THE
EASTERLY BOUNDARY LINE OF A 92 FOOT WIDE EASEMENT FOR
DRAINAGE, SOUTH 29° O1' 45" WEST 1003.75 FEET TO THE
INTERSECTION OF THE SOUTHERLY BOUNDARY LINE OF LOT 10,•
OSO FARM TRACTS FOR A CORNER OF THIS TRACT;
THENCE, WITH SAID BOUNDARY LINE NORTH 55° 141' 30" WEST,
1295.112 FEET TO THE MOST WESTERLY CORNER OF SAID LOT
10 AND A CORNER OF THIS TRACT;
THENCE, CROSSING LOT 6, BOHEMIAN COLONY LANDS NORTH 61°
28' 10" WEST, 3892.25 FEET TO THE EASTERLY RIGHT -OF -WAY
LINE OF WEBER ROAD FOR THE SOUTHWEST CORNER OF THIS
TRACT;
THENCE, WITH SAID RIGHT -OF -WAY LINE PARALLEL WITH AND
50 FEET EASTERLY OF THE CENTER LINE OF WEBER ROAD, NORTH
29° EAST, 20114.51 FEET TO THE INTERSECTION OF THE SOUTHERLY
RIGHT -OF -WAY LINE OF SARATOGA BOULEVARD FOR THE NORTHWEST
CORNER OF THIS TRACT;
THENCE, NORTH 880 43' 54" EAST; 208.40 FEET;
THENCE WITH SAID RIGHT -OF -NAY LINE SOUTH 61' 29' 30"
EAST, 4+823.27 FEET; SOUTH 34° 149' 15" EAST 2145.07 FEET
TO THE INTERSECTION OF THE CENTER LINE OF EVERHART ROAD
FOR A CORNER OF THIS TRACT; '
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THENCE, CONTINUING WITH SAID RIGHT -OF -WAY LINE OF
SARATOGA BOULEVARD SOUTH 87° 57' 1011 EAST, 2116.86
FEET; SOUTH 610 291.3011 EAST, 22.68 FEET; SOUTH
61° 051 115° EAST, 1603.111 FEET TO THE INTERSECTION
OF THE EASTERLY BOUNDARY LINE OF SAID LOT 11, SECTION
5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS
FOR THE NORTHEAST CORNER OF THIS TRACT;
THENCE, WITH SAID BOUNDARY LINE SOUTH 29° 011 WEST,
1259!61 , FEET TO THE POINT OF BEGINNING.
TRACT 2: 711.772 ACRES, MORE OR LESS, BEING THAT PORTION OF LOT 1, SECTION
12, BOHEMIAN COLONY LANDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, '
SECTION 12, FOR THE SOUTHWEST CORNER AND POINT OF
BEGINNING OF THIS TRACT;
THENCE, WITH THE WEST OR NORTHWEST BOUNDARY LINE OF
LOT 1, NORTH 29° EAST, 1260 FEET TO THE SOUTHERLY"
RIGHT -OF -WAY LINE OF SARATOGA BOULEVARD FOR THE
NORTH OR NORTHWEST CORNER OF THIS TRACT;
THENCE, WITH 1 SAID RIGHT -OF -WAY LINE SOUTH 61° 301
4511 EAST, 2412.50 FEET; SOUTH 31° 291 11" EAST, 206.3
FEET TO THE WESTERLY RIGHT -OF -WAY LINE OF WEBER ROAD FOR
THE EAST OR NORTHEAST CORNER OF THIS-TRACT;
THENCE, WITH SAID RIGHT -OF -WAY LINE PARALLEL WITH
AND 50 FEET NORMAL TO THE CENTER LINE OF WEBER ROAD
SOUTH 290 WEST, 1156.50 FEET TO THE INTERSECTION OF
THE SOUTHERLY BOUNDARY LINE OF SAID LOT 1 FOR THE
SOUTH OR SOUTHEAST CORNER OF THIS \TRACT;
THENCE, WITH SAID BOUNDARY LINE NORTH 61° 301 11511
2592.50 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED LAND, SUBJECT TO EXECUTION OF SAID CONTRACT, IS
ADMITTED INTO THE CITY OF CORPUS CHRISTI AS AN INTEGRAL PART THEREOF, SAID
TERRITORY TO BE HEREINAFTER A PART OF THE CITY OF CORPUS CHRISTI, SUBJECT TO
THE GENERAL LAWS OF THE STATE OF TEXAS, THE CITY CHARTER, AND THE ORDINANCES,
RESOLUTIONS, MOTIONS AND REGULATIONS OF THE CITY OF CORPUS CHRISTI, TEXAS;
SAID DESCRIBED TERRITORY SHALL HEREAFTER BEAR ITS PROPORTIONATE SHARE OF THE
TAXES LEVIED BY THE CITY AND THE INHABITANTS OF SUCH TERRITORY SHALL HAVE THE
PRIVILEGES AND BE SUBJECT TO ALL THE DUTIES OF OTHER INHABITANTS OF THE CITY
OF CORPUS CHRISTI, TEXAS.
SECTION 2. THIS ORDINANCE AND THE SAID CONTRACT SHALL BE EFFECTIVE
AS OF JANUARY 1, 1972, AND SAID CONTRACT SHALL BE EXECUTED AS OF JANUARY 1,
1972.
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SECTION 3. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY
FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, IT SHALL NOT AFFECT
ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS
CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 4. THE FACT THAT THE ABOVE NAMED PERSONS DESIRE TO CONTRACT
WITH THE CITY FOR ANNEXATION CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS
ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT
_ AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY
SO ORDAINED, THIS THE =Y-/,-DAY OF 9 ZL-•
ATTEST:
0
CITY SECRETA Y
MAYOR ,
THE CITY 0 OR
CHRISTI, TEXAS
APPROVED:
DAY OF, y _ , 19ZI
CI Y ATTORNEY
U
THE STATE OF TEXAS
COUNTY OF NUE;CES �(
THIS CONTRACT AI4D AGREEMINT made and entered into in duplicate originals by and
between Saratoga Land Company, a corporation of Nueces County, Texas; John D. Hawn;
Bette T. Winter; George S. Hawn Interests, a Texas limited partnership; Joe Yosarek,
joined by his wife, Bonita Y.osarek; Charles L. Kosarek, joined by his wife, Frances
Kosarek; W. J. Kosarek, joined by his wife, Lydia Kosarek; Lodie Kosarek Mokry (also
known as Lottio Josephine Kosarek ;Iokry), joined by her husband, Joe I.IOkry; Edwin E.
Kosarek, joined by his wife, Dollars Kosarek; and Ann Kosarek Spicak (also known as
Annie Kosarek Spicak), joined by her husband, Emil Spicak; hereinafter called
"Owners ", and the City of Corpus Christi, Texas, a home -rule city of more than
200,000 population, a municipal corporation and body politic under the laws of the
State of Texas, situated in Nueces County, Texas, hereinafter called "City ", for
,good and valuable consideration in hand received by the parties respectively and
upon the covenants and conditions hereinafter stated.
W I T N E S S E T II
That Owners are owners in fee simple of 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 as follows, to -wit:
Tract 1: 330.68 acres, more or less, situated in Lots 1 through 4,
Section 5, Flour bluff and Eneinal Farm and Garden Tracts,
Lot 10, Coo Farm Tracts, Lot 7 and a portion of Lots 1 and
6, Section 11, Bohemian Colony Lands, to -wit:
BEGINNING at the most southerly or southeast corner of
Lot 4, Section 9, Flour Bluff and Encinal Farm and
Garden Tracts for the southeast corner and point of
beginning of this tract;
THENCE, with the southwesterly boundary line of Lots
4 through 1, respectively, North 60' 58' 35" West,
2686.33 feet to the westerly right -of -way line of
Everhart Road to a corner of this tract;
THENCE, with said right -of -way line, same being the
easterly boundary line of a 92 foot wide easement
for drainage, South 29' 01' 45" Hest 1003.75 feet to
the intersection of the southerly boundary line of
Lot 10, Oso Farm Tracts for a corner of this tract;
S
TIMNCE, with said boundary line :forth 55' 41' 30" West,
1295.42 feet to the most westerly corner of said Lot 10
and a corner of this tract;
THENCE, crossing Lot 6, Bohemian Colony Lands'North 61'
28' 10" hest, 3892.25 feet to the easterly right -of -way
line of Weber load for the southwest corner of this
tract;'
THENCE, with said right -of -way line parallel with and
50 feet easterly of the centerline of Weber Road, North
296 Bast, 2014.51 feet to the intersection of the
sout:'crly right -of -way Tina of Saratoga Boulevard for
the northwest corner of this tract;
TUNCB, North 88° 43' 54" East, 208.40 feet;
THENCE, with said right -of -way line South 61' 29' 30"
.Lagt,. 4823.27,feet; .South.34* 49' .15 ".zast,245.07,feet
to the intersection of the centerline of Everhart Road
for a corner of this tract;
THMNCL1, continuing with said right -of -way line of
Saratoga Boulevard South 87° 57' 10" East, 246.86 feet;
South 61° 29' 30"-Last, 822.68 feet; South 61° 05' 45"
Last, 1603.41 feet to the intersection of the easterly
boundary line of said Lot 4, Section 5, Flour bluff and
Encinal Farm and Garden Tracts for the northeast corner
of this tract;
- MNCE, with said boundary line South 29' O1' West,
1259.67 feet to the point of beginning.
Tract 2: 74.772 acres, more or less, being that portion of Lot i. Section
12, bohemian Colony Lands, more particularly described as follows:
BL•'GIZI.NING at the southwest corner of said Lot 1, Section
12, for the southwest corner and point of beginning of
this tract;
THENCE, with the west or northwest boundary line of Lot 1,
North 29' East, 1260 feet to the southerly right -of -way
line of Saratoga Boulevard for the north or northwest
corner of this tract;
THENCE, with said right -of -way line South 61° 30' 45"
Last, 2412.50 feet; South 31° 29' 11" East, 206.83 feet
to the westerly right -of -way line of Weber Road for the
east or northeast corner of this tract;
THENCE, with said right -of -way line parallel with and 50
feet normal to the centerline of Weber Road South 290 West,
1156.50 feet to the intersection of the southerly boundary
line of said Lot 1 for the south or southeast corner of
this tract;
THENCE, with said boundary line North 61' 30' 45 ", 2592.50
feet to the point of beginning.
Subject to all street and drainage easements and rights -of -way owned by the City
or any other political subdivision.
Ma
There are no resident voters of any incorporated city, town or village in the
above described territory.
IT IS AGMED by and between the parties hereto that the above described territory
shall be included within the corporate boundaries of the City of Corpus Christi, Texas,
and shall become a part thereof, bearing the use classifications set fortis in Ordi-
nance No. 10466, approved by the City on September 15, 1971, as shown on the map
attached hereto and marked Exhibit B, subject to the terms of Article 1, Section 2,
of the City Charter,of Corpus Christi, as amended, and subject to the performance of
the express covenants hereinafter contained;
''Phe,acid'Owners agree to-the following express •conditions ' to the admission of
the above described territory into the City of Corpus Christi, Texas;
1. That Owners will tiuely comply with the Platting Ordinance of the City of
Corpus Christi, Texas, and the requirements of the Planning Commission, or cause same
to be complied with.
2. That Owners agree that they will timely comply with the policy for the
dedication of park area established by the City of Corpus Christi, Texas, and as
required by the Planning Commission of the City of Corpus Christi, Texas, in accord-
ance with applicable law, or cause same to be complied with. _
3. That any development of said territory will comply with the standards of
improvements required by the Departments of Engineering Services and Planning of
the City of Corpus Christi, Texas, for development of subdivisions in the City of
Corpus Christi, Texas, including paving of all streets and installation of side-
walks, curbs and gutters.
4. That all improvements required shall be subject to approval and acceptance
by the Director of Engineering Services in accordance with applicable law. There
shall be no obligation on the City for maintenance, excluding streets and roads,
unless all improvements are accepted by the Director of Engineering Services. No
building shall be commenced without first obtaining a City building permit, paying
the current fee therefor, and complying with City Ordinance requirements, subject to
City inspection and approval.
s
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5. That Owners understand and agree that, except for the area .lying east of
Weber Road which can tie onto the misting sanitary setrer lift station located neat
to the Corpus Christi Country Club golf course at Everhart Road and Saratoga Boulevard
by gravity only, such territory is subject to the capacity of the sewer system to
permit connection of the property'in said territory to such system of time City of
Corpus Christi, and the capacity of the sewage disposal plant to accommodate such
additional load, the determination of such capacity to be made solely by the Director
of Public Utilities in accordance with prevailing City standards and regulations and
his decision shall be binding upon the said Owners.
6. That all of the above conditions sliall be binding upon the successors and
assigns of the said Owners and each of them,.and shall constitute covenants running
with the land.
NITNESS OUR )iAND$, this _ day of November, 1971.
CITY OF CORPUS CURISTI, TEXAS SARATOGA LAi1D COUPANY
By By
City :tanager President
ATTEST: ATTEST:
City Secretary Secretary
APPROVED AS TO LEGAL OR2.1:
John D. Hawn
City Attorney
Joe Kosarek
Charles L. Kosarek
W. J. Kosarek
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Bette T. Winter
GEORGE S. HAMN INTERESTS
By
George S. Hawn, General Partner
Benita Kosarek
Prances Kosarek
Lydia Rosarek
Lodie Kosarck Mokry (also known as Lottie
Josephine Kosarek Mokry)
Edwin E. Kosarck
Ann Kosarek Spicak (also ;moan as Annie
Kosarck Spicak)
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Joe Hokry
Uallara Yosarck
Emil Spicak
554RA-FOCFA ot'l
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CORPUS CHRISTI, TEXAS
0?o�d_ DAY OFkQu/i' Llw l
TO THE MEMBERS OF THE CITY COUNCIL
CORPUS CHRISTI, TEXAS
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING
ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE
CITY COUNCIL.
R ECT LLY,
a d
MAYOR
THE CITY OF C P S CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BosouEz, M.D. C
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWIN VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK