HomeMy WebLinkAbout10769 ORD - 03/22/1972HG:jkh:3 -8 -72
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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-
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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