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
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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;
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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
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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