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HomeMy WebLinkAbout10946 ORD - 06/28/19726 /28 /72:JRR:RWC:e:lst 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 LARRY CROW, GEORGE MCINGVALE AND DALE LINGREN, DOING BUSINESS AS BUCCANEER MOBILE HOME PARK, A TRUE COPY OF WHICH IS ATTACHED .HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET OUT FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND CONSISTING OF 8.0 ACRES, MORE OR LESS, OUT OF THE THOMAS GALLAGHER 400 -ACRE SURVEY NO. 402, ABSTRACT 988, IN NUECES COUNTY, TEXAS, ALL AS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LAND 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, Larry Crow, George McIngvale and Dale Lingren, doing business as Buccaneer Mobile Home Park, a partnership, are the owners of the hereinafter particularly described tract 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 31st day of May, 1972, a public hearing was duly held at the Regular Meeting of the City Council, following publication of due notice of said hearing in the official newspaper, pursuant to Art. 970a, V.A.C.S., Texas, as amended, for the consider- ation of institution of proceedings for the annexation of a defined area wholly within the extraterritorial jurisdiction of Corpus Christi consisting of an 8.0 acre tract of land, more or less, out of the Thomas Gallagher 400 acre Survey No. 402, Abstract 988, and being situated in Nueces County, Texas,'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 10946 made, seconded and carried the said hearing was closed on the 31st day of May, 1972; and WHEREAS, it has been determined by the City Council that the territory within said tract of land, now proposed to be annexed, abuts and is contiguous and is adjacent to the City of Corpus Christi and constitutes 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 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 annex- ation by execution of a contract between the City of Corpus Christi and Larry Crow, George McIngvale and Dale Lingren, doing business as Buccaneer Mobile Home Park, a partnership, 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: Being an 8.0 acre tract of land out of the Thomas Gallagher 400 acre Survey No. 402, Abstract 988, and being 1/2 miles South of Clarkwood, Nueces County, Texas, said 8.0 acre tract sometimes known as Lot 2, Block 1, South Clarkwood Acres and being more parti- cularly described by metes and bounds as follows: Beginning at the Southwest corner of Lot 1, Block 1, South Clarkwood Acres, as shown by map of,record in volume 36, page 121, Map Records, Nueces County, Texas, said point being in the East right of way line of 100 foot wide South Clarkwood Road for the point of beginning of the tract herein described; Thence N. 89° 22' E., with the South line of said Lot 1, a distance of 1221.81 feet to its Southeast corner thereof; -2- Thence S. 01 43' E., with a line that is 35 feet east of and parallel to the west right of way line of the Clarkwood Ditch, a distance of 294.5 feet to a point; Thence S. 890 22'W., with a line that is 294.5 feet South of and parallel to the south line of said Lot 1, a distance of 1151.9 feet to a point in the east right of way line of said South Clarkwood Road; Thence in a Northwesterly direction with the east right of way line of said South Clarkwood Road, its curve and tangents, a distance of 305 feet more or less to the point of beginning. Containing 8.0 acres of land more or less. 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 propor- tionate 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 juris- diction, 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 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 -3- 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 P--U- day of �c.r�cJ , 1972. ATTEST / c7 City Secre ar MAYOR THE CITY 4F S CHRISTI, TEXAS APPROVED: 28TH 3;19!72 Sg Ci Attorney JRR: RWC : v;np 6/19/72:1st THE STATE OF TEXAS X COUNTY OF NUECES X THIS CONTRACT AND AGREEI•fENT made and entered into in duplicate originals by and between Larry Crow, George Mcingvale and Dale Lingren, doing business as Buccaneer Mobile Home Park, a Texas partnership, hereinafter called "Buccaneer ", and the City of Corpus Christi, 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 Buccaneer is the fee simple owner of a tract of land herein- after described, which abuts upon a public way known as Clarkwood Road, a portion of which is described herein, and which said portion of Clarkwood Road is 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: Being a 12.5 acres more or less of land out of the Thomas Gallagher 400 acre Survey No. 402, Abstract 988 and being 1/2 mile South of Clarkwood, Nueces County, Texas, said 12.5 -acre tract being more parti- cularly described by metes and bounds as follows: Beginning at the Southwest corner of Lot 1, Block 1, South Clarkwood Acres, as shown by map of record in Volume 36, Page 121, Map Records, Nueces County, Texas, said point being in the East right -of -way line of 100 foot wide South Clarkwood Road for the point of beginning of the tract herein described; THENCE N. 89° 22' E., with the South line of said Lot 1, a distance of 1221.81 feet to its Southeast corner thereof; THENCE S.0° 43' E., with a line that is 35 feet East of and parallel to the west right -of -way line of the Clarkwood Ditch, a distance of 294.5 feet to a•point; THE14CE S. 89° 22' W., with a line that is 294.5 feet South of and parallel to the South line of said Lot 11 at 1151.9 feet past the East right -of -way line of South Clarkwood Road, and continuing across said South Clarkwood Road, in all a distance of 1252.0 feet plus or minus to the West right -of -way line of said South Clarkwood Road for a corner of this description; THENCE in a Northerly direction with the West right - of -way line of said South Clarkwood Road, its curves and its tangents, a distance of 2050 Peet more or less to its intersection with the present- Southwest Corpus Christi city limit line; THENCE in a Southeasterly direction with the present Southwest Corpus Christi city limit line, across South Clarkwood Road, to its intersection with the east right -of -way line of said South Clarkwood Road; THENCE in a Southerly direction with the East right - of -way line of said South Clarkwood Road, a distance of 1650 feet more or less to the point of beginning. Containing 12.5 acres of land more or less, subject to said property being annexed as herein provided and zoned for ".T -111, Travel.Trailer Park, Mobile Home Park, and Mobile Home Subdivision classification; and Subject to all street and drainage easements and rights -of -way owned by the City or any other political subdivision. There are no resident voters of any incorporated city, town or village in the above 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 "T -11', Travel Trailer Park, Mobile Home Park, and Mobile Home Subdivision classification, as set forth in Ordinance No: , approved by the City on , 19 , as shown on the map attached hereto and marked "Exhibit A ", subject to the terms of Article I, Section 2, of the City Charter of Corpus Christi, as amended, and subject to the per- formance of the express covenants hereinafter contained; The said Buccaneer agrees to the following express conditions to the admission of the above described territory into the City of Corpus Christi, Texas: 1. That Buccaneer 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 if developed as a subdivision, Buccaneer agrees that it will timely comply with the policy for the dedication of park area established -2- d;Yt,r by the City of Corpus Christi, Texas, and as required by the Planning Commission of the City of Corpus Christi, Texas, in accordance with applicable law, or cause same to be complied with. 3. That if developed as a subdivision, 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 sidewalks, 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 cgmplying with City ordinance requirements, subject to City inspection and approval. 5. That all of the above conditions shall be binding upon the successors and assigns of the said Buccaneer and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS, this day of , 1972. CITY OF CORPUS CHRISTI, TEXAS By City Manager ATTEST: City Secretary APPROVED AS TO LEGAL FORM: City Attorney Larry Crow George McIngvale Dale Lingren dba/BUCCANEER MOBILE HOME PARK CORPUS CHRISTI, TEXAS DAY OF 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 AIJD PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPE Y, 6 O MAYOR THE CITY OF 4ORP C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWE LL ROBERTO BOSlUEZ, M.D. REV. HAROLD T. BRANCH - �-Ut-- THOMAS V. GONZA LES GABE LOZA NO, SR. U. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: BONNIE SIZEMORE CHARLES A. BONNIWELL ROBE RTO BosQUe z, M.D. REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZA NO, SR. J. HOWARD STARK