Loading...
HomeMy WebLinkAbout13468 ORD - 11/03/1976JKH:vp:ll- 346:1st' AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE OWNERS OF CASTLE RIVER SUBDIVISION, UNIT I, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATID HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXA- TION OF A TRACT OF LAND, CONSISTING OF 27.959 ACRES OF LAND, MORE OR LESS, OUT OF AN 81.94 ACRE TRACT AND AN 82.38 ACRE TRACT, BOTH OUT OF B.S.& F. SURVEY 419, ABSTRACT 570, AND BOTH DESCRIBED BY DEED IN VOLUME 589, PAGE 3 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, IN NUECES COUNTY, TEXAS, ALL AS IS 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 FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, H.E.R. Development Company is the owner in fee simple of the hereinafter particularly described tract of land adjoining, contiguous and adjacent to the City of Corpus Christi and wholly within its extraterri- torial jurisdiction; and WHEREAS, the said owner is desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on October 20, 1976, 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 consideration of institution of proceedings for the annexation of a defined area wholly within the extraterritorial juris- diction of the City of Corpus Christi consisting of 27.959 acres, more or less, out of an 81.94 acre tract and an 82.38 acre tract, both out of B.S. & F. Survey 419, Abstract 570, and both described by deed in Volume 589, Page 3 of the Deed Records of Nueces County, Texas, in Nueces County, Texas, all as is more particularly described by metes and bounds as herein- after 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 October 20, 1976; 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 4161 T Ur���1 .type r X98 FD 1340 lends and territories subject to contractual annexation as provided by the City Charter, Article I, Section 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 afore- said land and territory hereinafter described: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That 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 H.E.R. Development Company, 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 27.959 acres of land, more or less, out of an 81.94 acre tract and an 82.38 acre tract, both out of B.S.& F. Survey 419, Abstract 570, and both described by deed in Volume 589, Page 3, Deed Records of Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the West right -of -way line of McKinzie Road, said point being the Southeast corner of Lot 5, Riverview Estates, as shown by map of record in Volume 34, Page 115, Map Records of Nueces County, Texas; Thence N. 9° 00' 00" E. along the West right -of -way line of said McKinzie Road a distance of 45.57 feet to the P.C. of a circular curve to the left; Thence continue along the West right -of -way line of said McKinzie Road on the arc of said curve whose central angle is 250 37' 32 ", radius of 1535.12 feet, tangent of 349.13 feet, a distance of 686.58 feet to a point for the begin- ning point of the tract of land herein described; Thence continue along the Southwesterly right -of -way line of said McKinzie Road on the arc of a circular curve to the left with a radial bearing of S. 730 31' 53" W., whose central angle is 7° 23' 36 ", radius of 1535.12 feet, tangent of 99.18 feet, a distance of 198.09 feet to the point of compounding of a compound curve to the left; Thence continue along the Southwest right -of -way line of said McKinzie Road with the are of said curve with a tangent bearing of N. 230 51' 53" W., whose central angle is 280 40' 02 ", radius 702.59 feet, tangent 179.53 feet, a distance of 351.53 feet to a point; -2- Thence N. 37° 28' 15" E. along the radial line, a distance of 60.0 feet to a point for the P.C. of a circular curve to the left; Thence with the arc of said curve whose central angle is 100 47' 59 ", radius 762.59 feet, tangent 143.74 feet, a distance of 72.08 feet to a point; Thence N. 740 54' 15" W. a distance of 21.50 feet to a point; Thence N. 260 08' 10" E. a distance of 295.00 feet to a point; Thence S. 640 09' 35" E. a distance of 266.95 feet to a point for the P.C. of a curve to the left; Thence with the arc of said curve with a tangent bearing of N. 250 50' 25" E. whose central angle is 8° 34' 29 ", radius 1090.0 feet, tangent 81.72 feet, a distance of 163.13 feet; Thence S. 720 44' 04" E. a distance of 331.88 feet to a point; Thence S. 60° 37' 18" E. a distance 430.70 feet to a point in the present City limit line; Thence S.-00' 41' 10" E. along the present City limit line, a distance of 1392.00 feet to a point on the North right -of -way line of McKinzie Lane; Thence N. 800 00' 15" W. along the North right -of -way line of said McKinzie Lane a distance of 658.64 feet to a point, said point being the intersection of the North right -of -way line of said McKinzie Lane and the East right -of -way line of abovementioned McKinzie Road; Thence N. 90 00' E. along the East right -of -way line of said McKinzie Road a distance of 9.85 feet to the P.C. of a curve to the left; Thence along the East right -of -way line of said McKinzie Road on the are of said curve whose central angle is 25° 37' 18 ", radius 1595.12 feet, tangent 362.72 feet, a distance of 713.31 feet to a point; Thence S. 730 31' 53" W. along the radial line, across said McKinzie Road a distance of 60.0 feet to the place of begin- ning and containing 27.959 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 hereafter, effective January 12, 1977, 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 inhabi- tants of such territory shall have the privileges and be subject to all the duties of other inhabitants of the City of Corpus Christi, Texas. -3- SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 3. The fact that the above named owner desires to immedi- ately contract with the City for annexation and the City finds that it is 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 3�c day of November, 1976. ATTEST: City Secretary MAYOR Pr0•lem THE CITY OF COX US CHRISTI, TEXAS APPROVED: 3 DAY OF NOVEMBER, 1976: J. BR CE AYCOCK, CI �TORNEY BY: Assistant City ttorney STANDARD FOR14 ANNEXATION CONTRACT THE STATE OF TEXAS 0 COUNTY OF NUECES 6 THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and between H.E.R. DEVELOPMENT COMPANY, hereinafter called 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 and of all existing rights, titles and interests therein of all 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 juris- diction of said City and, in whole or in part, within three hundred (300) feet of the City's present corporate limits, generally delineated on the map attached hereto and marked "Exhibit A ", and being more particularly described as follows, to -wit: Being 27.959 acres of land, more or less, out of an 81.94 acre tract and an 82.38 acre tract, both out of B.S.& F. Survey 1119, Abstract 570, and both described by deed in Volume 589, Page 3, Deed Records of Nueces County, Texas, and more particularly described by metes and bounds as follows: Beginning at a point on the West right -of -way line of McKinzie Road, said point being the Southeast corner of Lot 5, Riverview Estates, as shown by map of record in Volume 34, Page 115, Map Records of Nueces County, Texas; Thence N. 9° 00' 00" E. along the West right -of -way line of said McKinzie Road a distance of 45.57 feet to the P.C. of a circular curve to the left; Thence continue along the West right -of -way line of said McKinzie Road on the arc of said curve whose central angle is 250 37' 32 ", radius of 1535.12 feet, tangent of 349.13 feet, a distance of 686.58 feet to a point for the begin- ning point of the tract of land herein described; Thence continue along the Southwesterly right -of -way line of said McKinzie Road on the are of a circular curve to the left with a radial bearing of S. 730 31' 53" W., whose central angle is 7° 23' 36 ", radius of 1535.12 feet, tangent of 99.18 feet, a distance of 198.09 feet to the point of compounding of a compound curve to the left; Thence continue along the Southwest right -of -way line of said McKinzie Road with the arc of said curve with a tangent bearing of N. 23° 51' 53" w., whose central angle is 28° 40' 02 ", radius 702.59 feet, tangent 179.53 feet, a distance of 351.53 feet to a point; Thence N. 370 28' 15" E. along the radial line, a distance of 60.0 feet to a point for the P.C. of a circular curve to the left; Thence with the arc of said curve whose central angle is 10° 47' 59 ", radius 762.59 feet, tangent 143.74 feet, a distance of 72.08 feet to a point; Thence N. 740 54' 15" W. a distance of 21.50 feet to a point; Thence N. 260 08' 10" E. a distance of 295.00 feet to a point; Thence S. 64" 09' 35" E. a distance of 266.95 feet to a point for the P.C. of a curve to the left; Thence with the arc of said curve with a tangent bearing of N. 250 50' 25" E. whose central angle is 8° 34' 29 ", radius 1090.0 feet, tangent 81.72 feet, a distance of 163.13 feet; Thence S. 720 44' 04" E. a distance of 331.88 feet to a point; Thence S. 600 37' 18" E. a distance 430.70 feet to a point in the present City limit line; Thence S. 001 41' 10" E. along the present City limit line, a distance of 1392.00 feet to a point on the North right -of -way line of McKinzie Lane; Thence N. 800 00' 15" W. along the North right -of -way line of said McKinzie Lane a distance of 658.64 feet to a point, said point being the intersection of the North right -of -way line of said McKinzie Lane and the East right -of -way line of abovementioned McKinzie Road; Thence N. 9° 00' E. along the East right -of -way line of said McKinzie Road a distance of 9.85 feet to the P.C. of a curve to the left, Thence along the East right -of -way line of said McKinzie Road on the are of said curve whose central angle is 250 37' 18 ", radius 1595.12 feet, tangent 362.72 feet, a distance of 713.31 feet to a point; Thence S. 73° 31' 53" W. along the radial line, across said McKinzie Road a distance of 60.0 feet to the place of begin- ning and containing 27.959 acres of,land, more or less. IT IS AGREED by and between the parties hereto that the above described land and territory shall be included within the corporate bounda- ries of,the City of Corpus Cbri'sti, Texas, effective January 12, 1977, and shall become a part thereof, subject to the terms of Article I, Section 2 of -2- the City Charter of Corpus Christi, as amended, and as further prescribed by Ordinance No. 11139 of the City of Corpus Christi. 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 , 1976. ATTEST: City Secretary APPROVED: DAY OF 1976: J. BRUCE AYCOCK, CITY ATTORNEY By. Assistant City Attorney CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager ATTEST: H. E. R. DEVELOPMENT COMPANY By Secretary President THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, on this day personally appeared R. 14ARVIN TOWNSEND, City Manager of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that he signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. SUBSCRIBED AND SWORN TO BEFORE ME, this the day of 1976: Notary Public in and for Nueces County, Texas -3- THE STATE OF TEXAS COUNTY OF NUECES ¢ BEFORE ME, the undersigned authority, on this day personally appeared of H. E. R. Development Company, known to me to be the person whose name is subscribed to the foregoing contract and stated to me that he signed the foregoing contract for the purposes and consideration therein stated and in the capacity therein stated. SUBSCRIBED AND SWORN TO BEFORE ME this the day of > 1976. Notary Public in and for Nueces County, Texas t SITE v) & tj o \ al CIA 20 < C, 0 A" _OCA r/ON A A P 1 CUAVE OA 17 rA f AD "J Ile A? .4 7 2 to '17 717.;;;- �6.91 7 � 01 R .77 ")<I Alz /F 11 co vA5 /,g4e .7 <1 41 % y- /vord.: A A: 26'f-2" �A`MOM ROO.4 Ar ALL At 70?! 1 (j Alp" f, A A- L �5, 6, 3e CnR / /ERS AM Wck,��71e..pj i. S, MAY I I WIG -Z, WWRIC 5cA4e 6, Prer P-W r"Imc W.m PLAT OF CASTLE RIVER UNIT I Ill ING 2/959 ACRES OF LAND, MORE OR LF55, OUT Of AN 0194 ACRE TRACT AND AN 0238 ACRE TRACT, BOTIl OUT OF a s Or SLIRVLY 419, N 13 SIRACT WO. AND SOT11 DL';CRIIIED BY DLED it- VOL AR VOLUME 501J, PAGI 3 Mr. [)CEO RHOMIS Or NUT rf 4 CWNI Y, TEXAS 4, CORPUS CHR13T1, TEXAS DAY OF , 19�� TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCES 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; 1, 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. RESPECTFULLY MAYOR 19:_em THE CITY OF CORPUS C ISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY T FOLLOWING VOTE: JASON LUBY OR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY T FOLLOWING VOTE: JASON LUBY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE ,y 1 CITY OF Co"US CHRISTI, TEXAS LEGAL DE9 A2TMEHT