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Home My WebLink About10769 ORD - 03/22/1972HG:jkh:3 -8 -72 R LYaXIT -T AN ORDINANCE RATIFYING, CONFIRMING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF THE SARATOGA LAND COMPANY TRACT, AS SHOWN IN EXHIBIT "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN SARATOGA LAND COMPANY AND THE CITY FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZA- TION THEREOF; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. The contractual annexation of the Saratoga Land Company Tract, as shown in Exhibit "A" attached, being the fully subscribed and duly filed contract between Saratoga Land Company and the City for said annexation and the Council authorization thereof-,'is hereby ratified, confirmed and acknowledged. U SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, or provision of this ordinanee shall be held invalid by a court of competent jurisdiction, it shall not affect any valid provi- sions of this or any other ordinance of the City of Corpus Christi to which these rules and regulations relate. SECTION 3. The necessity to immediately ratify, confirm and acknowledge the contractual annexation of the Saratoga Land Company Tract creates aF public 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 resolu- tion 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.oCd� day of March, 1972. ATTj� , P City Sec -et ry A' MAYOR T7L v/! THE CITY OF CORPUS CHRISTI, TEXAS APP D: DAY OF MARCH, 1972: ity Attorney 10769 d.j'.a LC_ Q. 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; I.1. J. Kosarek, joined by his wife, Lydia Kosarek; Lodie Kosarek Mokry (also known as Lottie Josephine Kosarek ,Iokry), joined by her husband, Joe 11okry; 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 sample 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; 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" I-lest, 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" East, 208.40 feet; TIIENCE, with said right -o£ -way line South 61° 29' 30" East, 4823.27 feet; South 34° 49' .5" East 245.07 feet to the intersection of the centerline of.Ever'hart 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 Lards, 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. 20 mast, °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 fhe'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- t. 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.aboye 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 , 1972. CITY OF CORPUS CHRISTI, TEXAS SARATOGQ'LAND COMPAN Y i` � BY ✓ /�CCI,� City Manager ' President ATTEST City Secretary APPROVED S TO LEG FOM Attorney Joe Kosarek ` Charles L. Kosarek W. J. .osarec —4— ATTEST: Secretary V W� hn D Hawn etteLT;,1; nter s' GEkGe.r'Se--S. INTER TS Hawn, General P rtner Benita Kosarek Frances Kosarek Lydia Kosarek �iC.(�W' /)C / ?LL %11� '1 es -.Li- ��r � �i2•R /��L2r � . Lodie Kosarek Mokry (also know as Lottie Joe �)bkry L n -- Josephine Kosarek Mokkr /y) G, tic •- c.,�.,� s l ( � /(r c� i i�^JQt C� -�i Edwin E. Kosarek ballars Kosarek Ann Kosarek Spicak (also known as Annie Emil Spicak Kosarek Spicak) THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared Marvin Townsend, known to me to be the person whose name is subscribed to the foregoing instrument as City Manager of the City of Corpus Christi, a municipal corporation, and acknowledged to me that he executed the same for the purposes and consideration therein ex- pressed, in the capacity stated, and as the act and deed of said muni- cipal corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ............... , 19 . Notary Public in and for Nueces County,.Texas My Commission Expires: June 1, 1973. THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared George S. Hawn, known to me to be the person whose name is subscribed'to the foregoing instrument as President of Saratoga Land Company, a corporation, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of said corporation. . GIVEN UNDER NY HAND AND SEAL OF OFFICE this the /- Tday of Notary Public in and for Nueces County, Texas Ify Commission - Expires: June 1, 1973. MARY B. 11011IES NOTARY PUBLIC, NUECES COUNTY, TEXAS -5- THE STATE OF TEXAS X COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared John D. Hawn, known to me to be the person whose name is sub- scribed to the foregoing instrument and acknowledged to me that he exe- cuted the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I5 day of 197-2- - �.ti1._ aJa f CaQ` Notary Public in and for Nueces County, Texas My Commission Expires: June 1, 1973. THE STATE OF TEXAS CHRISTINA M. HOLLAND h7otarg Public, in and for Nueces County, Texas COUNTY of HARRIS I k- BEFORE ME, the undersigned authority, on this day personally appeared Bette T. Niuter,'krioonw `to me`to- be'the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 7IA day of �ti�i'ua.� 197Y. Notar�Public in and for Harr 7's County, Texas. My Commission Expires: June 1, 1973. THE STATE OF TEXAS X COUNTY OF NUECES'] BEFORE ME, the undersigned authority,• on this day personally-appeared George S. Hawn, known to me to be the person whose name is subscribed to the foregoing instrument as General Partner of George S. Hawn Interests, a limited partnership, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated, and as the act and deed of said partnership. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /S `day of`LU 19 Notary Public in and for Nuecds County, Texas Pfy Commission Expires: June 1, 1973. MARY B. HOLIAES THE STATE OF TEXAS NOTARY PUBLIC, NUCCES COUNTY, TEMS � COUNTY OF NUECES I BEFORE. ME, the undersigned authority, on this day personally appeared Joe and Benita Kosarek, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. pp GIVEN UNDER MY HAND AND SEAL OF OFFICE this theday of - L/Vta,. , 19 7J-. iU 0.0 �nCi� Notary Public in and for eces County, Texas My Commission Expires: J e 1, 1973. -6- THE STATE OF TEXAS j COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Charles L. and Frances Kosarek, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they exe- cuted the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE_ this thelAgay of j'_11`' / , 192, ni Notary Public in and for N ces County, Texas My Commission Expires: Ju e 1, 1973. THE STATE OF TEXAS X COUNTY OF NUECES I BEFORE ME, the undersigned authority, on this day personally appeared W. J. and Lydia Kosarek, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged `to me'Chdt they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the I[4-, day of n 19.1 Notary Public in and fo J Nueces County, Texas My Commission Expires: une 1, 1973. THE STATE OF TEXAS Z COUNTY OF NUECES X BEFORE ME, the undersigned authority, 'on this day personally appeared Lodie Kosarek Mokry (also known as Lottie Josephine Kosarek Mokry) and Joe Mokry, known to me to be the persons whose names are subscribed to the fore- going instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. n GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ofl1`�1 aAd,, , 19Z. l (mi G� `a- Notary Public in and f Nueces County, Texas My Commission Expires: June 1, 1973. r THE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Edwin E. and Dallars Kosarek, known to me to be the persons whose names are sub- scribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. (� GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of At, aC. , 19 71-. • l.�ti I� Notary Public in and f6f Nueces County, Texas Pfy Commission Expires: June 1, 1973. -7- TILE STATE OF TEXAS X COUNTY OF NUECES X BEFORE ME, the undersigned authority, on this day personally appeared Ann Kosarek Spicak (also known as Annie Kosarek Spicak) and Emil Spicak, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. - GIVEN UNDER MY HAND AND SEAL OF OFFICE this the�day of 19�?r Notary Public in anD for Nueces County, Texas My Commissioq Expires: June 1, 1973 , -8- G/ty t.im/ fs 6ARA7-0 67A /ao'aor✓ /3./- yo 5, 6/ °3o "45'F, 24/2.50' �i 823.27 a {�. 1 I 21 31� -} S.51-29,111-1 �N23%L354f:E. - 43 o�. 822.68' T R �\ G T N Q. 3 °. : r R T •'No. 1 a a 74.772 ��CC2c5 X00 330.68 ACRE5 �o �N h" o 5 N k1 26 66.38' s N.6 /'3o'd6 "W, 2592.5o 1t O f ro • �G �� V ° Apo 5 L 5 4 /rcH Ns5°1/ ,p'in/ h (j ``JJ V �_.�_ N. . 3892.25' /z9_s,a2' w o a � L A S "� .00•ao� .. � . , j` 1 O G/ty t.im/ fs 6ARA7-0 67A /ao'aor✓ /3./- yo 5, 6/ °3o "45'F, 24/2.50' �i 823.27 a {�. 1 I 21 31� -} S.51-29,111-1 �N23%L354f:E. - 43 o�. 822.68' T R �\ G T N Q. 3 °. : r R T •'No. 1 a a 74.772 ��CC2c5 X00 330.68 ACRE5 �o �N h" o 5 N k1 26 66.38' s N.6 /'3o'd6 "W, 2592.5o 1t O f ro • �G �� V ° Apo 5 L 5 4 /rcH Ns5°1/ ,p'in/ h (j ``JJ V �_.�_ N. . 3892.25' /z9_s,a2' w o a � L A S "� .00•ao� .. � . , j` 1 0-21- 71.7-2AC-1-2 I G.7 Ac - 3 021- 3.8 Ac- 4 -4 2 01?o f?- (Ac.- k3 �61E91 1 @20 0@20 G 0 2: I 1 20 1 -(Dig - ?-,2 1?-c- r. z- 2 (])Ig - 17.3 AC -/-\-2 16.2 Ar- 4. S r- -t3 )(Dig -2 19 05 19 lei <Z1 ZI) 0 (D f CORPUS CHRISTI, TEXAS e( DAY OF� , j9 77 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 15 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. *RESPECTFUL 'Y, n MAYOR THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING � VOTE: -�J-- RONNIE SIZEMORE C�-u--'L- � x-C� CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOW NG VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK