HomeMy WebLinkAbout10682 ORD - 01/26/19721- 25-72:JRR:jkh ,',^i *M.:rpw.,,... :.t. K
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF CORPUS CHRISTI, TEXAS, TO INSTITUTE ANNEXATION
BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS
CHRISTI AND THE SARATOGA LAND COMPANY, ET AL, A TRUE
COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE
INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS
THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE
NOTICE AND HEARING, FOR THE ANNEXATION OF TWO TRACTS OF
LAND, TRACT 1, CONSISTING OF 330.68 ACRES, MORE OR LESS,
AND TRACT 2, CONSISTING OF 74.772 ACRES, MORE OR LESS,
RESPECTIVELY SITUATED IN LOTS 1 THROUGH 42 SECTION 5,
FLOUR BLUFF AND ENCINAL FARM AND GARDEN7RACTS, LOT 10,
OSO FARM TRACTS, LOT 7, AND A PORTION OF LOTS 1 AND 6,
SECTION 11, BOHEMIAN COLONY LANDS, AS TO TRACT 1, AND
IN LOT 1, SECTION 12, BOHEMIAN COLONY LANDS, AS TO
TRACT 20 ALL AS MORE PARTICULARLY DESCRIBED BY METES
-AND BOUNDS,.AS HEREINAFTER SET FORTH; FINDING ALL OF
SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING,
CONTIGUOUS, AND ADJACENT THERETO; PROVIDING SEVERABILITY;
AND DECLARING AN EMERGENCY.
WHEREAS, 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 knocm 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; are the single owners, and all the
owners, of the hereinafter particularly described tracts of land adjoining,
contiguous and adjacent to the City of Corpus Christi and wholly within
its extraterritorial jurisdiction; and
WHEREAS, the said owners are desirous of contracting with the
City for the annexation of said territory to the City of Corpus Christi; and
WHEREAS, on the 12th day of January, 1972, a public hearing
was duly held at the Regular Meeting of the City Council, following publica-
tion of due notice of said hearing in the official newspaper, pursuant to
Art. 970a, V.A.C.S., Texas, as amended, for the consideration of institution
of proceedings for the annexation of a defined area wholly within the
extraterritorial jurisdiction of Corpus Christi, including two tracts of
land, Tract 1, consisting of 330.68 acres, more or less, and Tract 2,
consisting of 74.772 acres, more or less, respectively situated in Lots
1 through 4, Section 5, Flour Bluff and Encinal Farm and Garden Tracts,
10682
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Lot 10, Oso Farm Tracts, Lot 7, and a portion of Lots 1 and 6, Section 11,
Bohemian Colony Lands, as to Tract 1, and in Lot 1, Section 12, Bohemian
Colony Lands, as to Tract 2, all as more particularly described by metes
and bounds as hereinafter set forth, at which all interested persons were
afforded an opportunity to be heard, and by motion duly made, seconded
and carried the said hearing was closed on January 12, 1972; and
WHEREAS, it has been determined by the City Council that the
territory within said tracts of land, now proposed to be annexed, abuts
and is contiguous and is adjacent to the City of Corpus Christi and consti-
tutes lands and territories subject to contractual annexation as provided
by the City Charter, Article I, Sec. 2 (c); 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
aforesaid land and territory hereafter described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager of the City of Corpus Christi is
hereby authorized and directed to institute annexation by execution of a
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 of land and territory described as follows:
TRACT 1
330.68 acres, more or less, situated in Lots 1 through 4,
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;
-2-
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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" 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" 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" 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, 2014.51 feet to the intersection of the
southerly right of way line of Saratoga Boulevard for
the northwest corner of this tract;
Thence North 88° 43' 54" East, 208.40 feet;
Thence with said right of way line South 61° 29' 30"
East, 4823.27 feet; South 34° 49' 15" East 245.07 feet
to the intersectioncE the center line of Everhart Road
for a corner of this tract;
Thence continuing with said right of way line of Saratoga
Boulevard South 87° 57' 10" East, 246.86 feet; South 61° 29'
30" East, 822.68 feet; South 61° 05' 45" East, 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;
Thence with said boundary line South 29° 01' West,
1259.67 feet to the point of beginning.
TRACT 2
74.772 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 tothe 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" East
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 center line of Weber Road South 29° 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" W. 2592.50
feet to the point of beginning.
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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. 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 3. The fact that the above named persons desire to
immediately contract with the City for annexation and the City finds it
in the public interest to bring said territory into the corporate limits
as rapidly as possible creates a public emergency and an 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.oZ6 WJ day of January, 1972.
ATTEST: d
a
)K"' /T /it
City Secretary OR
THE CITY 0 CO S RISTI, TEXAS
APPROVED:
&,'f-D Y OF JANUARY, 1972:
ty Attorney
THE STATE OF TEXAS X
COUNTY OF NUECES X
THIS CONTRACT AND AGREEMENT 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 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; 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 H
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 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, 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" West 1003.75 feet to
the intersection of the southerly boundary line of
Lot 10, Oso Farm Tracts for a corner of this tract;
MIENCE, with said boundary line North 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" 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 centerline of Weber Road, North
29° East, 2014.51 feet to the intersection of the
southerly right -of -way line of Saratoga Boulevard for
the northwest corner of this tract;
THENCE, North 88° 43' 54" Fast, 208.40 feet;
THENCE, with said right -of -way line South 61° 29' 30"
East, 4823.27 feet; South 34° 49' 15" East 245.07 feet
to the intersection of the centerline of Everhart Road
for a corner of this tract;
THENCE, continuing with said right -of -way line of
Saratoga Boulevard South 87° 57' 10" East, 246.86 feet;
South 61° 29' 30" East, 822.68 feet; South 61° 05' 45"
East, 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;
THENCE, with said boundary line South 29° 01' West,
1259.67 feet to the point of beginning.
Tract 2: 74.772 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 said right -of -way line South 61° 30' 45"
East, 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 29° 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.
-2-
There are no resident voters of any incorporated city, town or village in the
above described territory.
IT IS AGREED 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 forth 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 I, Section 2,
of the City Charter of Corpus Christi, as amended, and subject to the performance of
the express covenants hereinafter contained;
The said 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 timely 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 the Planning
Commission of the City of Corpus Christi, Texas, for development of subdivisions in
the City of Corpus Christi, 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.
-3-
5. That Owners understand and agree that, except for the area lying east of
Weber Road which can tie onto the existing sanitary sewer lift station located next
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 the 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 shall be'binding upon the successors and
assigns of the said Owners and each of them, and shall constitute covenants running
with the land.
WITNESS OUR HANDS, this _ day of
CITY OF CORPUS CHRISTI, TEXAS
By
ATTEST:
City Manager.
City Secretary
APPROVED AS TO LEGAL FORM:
City Attorney
Joe Kc,�ar k
i
V
C_1S�LO h+ _ �✓
Charles L. Kosarek
W J.if sarek
Im
, 1972.
SARATOGA D COP4'AP]Y�
President
ATTEST:
Secretary
J
� n Hawn J
FBette T. Winter
GEORGE HAWN INTERESTS
Geon a S. Hawd General Partner
��OiLta - /fcJ %wit 2tz.c. /1J
Benita Kosarek
O!'t2r ?CG L V""/6
Frances Kosarek
���- y
Lydia Kosarek
"1-,
Lodie Kosarek Piokry (also known Lottie
Josephine Kosarek Piokry)
Edwin E. Kosarek
Ann Kosarek Spicak (also k wn as Annie
Kosarek Spicak)
&II lades
Joe ry
Pa 91/11-1111- 1
Dallars Kosarek
Emil Spicak
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CORPUS�� CHRI " TEXAS
TEXAS
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 E1ERGENCY AND IMPERATIVE 14ECESSITY 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 CTF LY,
O
O
MAYOR
THE CITY OF PU CHRISTI, TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL , AJ
ROBERTO BOS.UEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWI G VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ, M.D.
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK R�