HomeMy WebLinkAbout15106 ORD - 09/12/1979jkh:9-11-79;lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
TUCKER PROPERTIES, A TRUE COPY OF WHICH CONTRACT IS
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A",
AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH
HEREIN, AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION
OF A 63.774 -ACRE TRACT OF LAND, MORE OR LESS, COMPOSED
OF LOTS 10, 11 AND 12, AND PORTIONS OF LOTS 21, 22 AND
23, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES
41, 42 AND 43, MAP RECORDS OF NUECES COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS;
FINDING ALL OF SAID LAND 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, Tucker Properties is the owner in fee simple of the
hereinafter particularly described tract or parcel of land adjoining,
contiguous and adjacent to the City of Corpus Christi and wholly within
its extraterritorial 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 August 29, 1979, a public hearing was duly held
at the Regular Council meeting of the City Council, following publication
of due notice of said hearing in the official newspaper, pursuant to
Article 970a, V.A.C.S., Texas, as amended, for the consideration of
institution of proceedings for the annexation of defined area wholly
within the extraterritorial jurisdiction of the City of Corpus Christi,
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 made, seconded and carried the said hearing was closed
August 29, 1979; and �p
WHEREAS, it has been determined by the City Council that tr1g,,CRp�1�.►�►ED
territory within said tract or parcel of land, now proposed to be annexed, :6
abuts and is contiguous and adjacent to the City of Corpus Christi and��
constitutes lands and territories subject to contractual annexation as
provided by the City Charter Article I, Section 2c; 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
aforesaid lands and territory hereinafter described:
1_5108
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 execute a contract between the City
of Corpus Christi and Tucker Properties, a true copy of which contract is
attached hereto and by this reference incorporated herein for all pur-
poses, including exhibits thereto, as though fully set forth herein, for
annexation of land and territory described as follows:
Being a 63.774 -acre tract of land comprising all of Lots
10, 11 and 12 and portions of Lots 21, 22 and 23, Section 5,
Flour Bluff and Encinal Farm and Garden Tracts, a map of
which is recorded in Volume "A", pages 41, 42 and 43, Map
Records of Nueces County, Texas;
Beginning at the North corner of said Lot 12 for the
North corner of this tract;
Thence South 61° 03' 37" East, along the Northeast boundary
line of said Lots 12, 11--and-10, of said Section 5, 1,983.81
feet for the East corner of said Lot 10 and the East corner
of this tract;
Thence South 29° 01'
line of said Lot 10,
of said Lot 10, same
continuing along the
in all a distance of
this tract;
00" West, along the Southeast boundary
at 1,320.37 feet pass the South corner
being the East corner of said Lot 23 and
Southeast boundary line of said Lot 23,
1,350.37 feet for the South corner of
Thence North 61° 00' 45" West 1,070.00 feet for the point
of curvature of a circular curve to the left which has a
central angle of 23° 00' 00", a radius of 314.06 feet, a
tangent distance of 63.90 feet and an arc length of 126.07
feet;
Thence with said curve to the left, 126.07 feet for the point
of tangency;
Thence North 84° 00' 45" West 537.69 feet for the point of
curvature of a circular curve to the left whose radius point
bears South 05° 59' 15" West 10.00 feet and has a central
angle of 87° 26' 50", a radius of 10.00 feet, a tangent
distance of 9.56 feet and an arc length of 15.26 feet;
Thence with said curve to the left 15.26 feet for a corner
of this tract;
Thence North 81° 27' 35" West 60.00 feet for a corner of this
tract and the point of curvature of a circular curve to the
left whose radius point bears North 81° 27' 35" West 828.07
feet and has a central angle of 16° 31' 25", a radius of 828.07
feet, a tangent distance of 120.24 feet and an arc length of
238.81 feet;
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Thence with said curve to the left 238.81 feet for the
point of tangency which point of tangency is the beginning
point of curvature of another circular curve to the left
whose radius point bears South 82° 01' 00" West 150.51
feet and has a central angle of 53° 00' 00", a radius of
150.51 feet, a tangent distance of 75.04 feet and an arc
length of 139.22 feet;
Thence with said curve to the left 139.22 feet for the
point of tangency on the Northwest boundary line of said
Lot 21 for the West corner of this tract; -
Thence North 29° 01' 00" East, along the aforementioned
Northwest boundary line, at 30.00 feet pass the North
corner of said Lot 21, same being the West corner of
said Lot 12 and continuing along the Northwest boundary
line of said Lot 12, in all a distance of 1,348.72 feet
to the point of beginning.
The above described land, subject to execution of said contract
and adoption of annexation ordinance, will be admitted into the City of
Corpus Christi as an integral part thereof, said territory to be 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 thereafter bear its proportionate 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.
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 landowner desires to
immediately 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
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public necessity requiring the suspension of the Charter rule that no
ordinance or resolution shall be passed finally on the date of its intro-
duction 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 /.2
day of September, 1979.
ATTEST:
APPROVED:
),..-DAY OF SEPTEMBER, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS
STANDARD FORM ANNEXATION CONTRACT
THE STATE OF TEXAS i
COUNTY OF NUECES i
This Contract and Agreement made and entered into in duplicate
originals by and between Tucker Properties, hereinafter called "Owner",
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 called "City", for good and valuable consideration in hand received
by the parties respectively and upon the covenants and conditions herein-
after stated.
WITNESSETH:
That Owner is owner 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 extraterri-
torial jurisdiction 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 a 63.774 -acre tract of land comprising all of Lots
10, 11 and 12 and portions of Lots 21, 22 and 23, Section 5,
Flour Bluff and Encinal Farm and Garden Tracts, a map of
which is recorded in Volume "A", pages 41, 42 and 43, Map
Records of Nueces County, Texas;
Beginning at the North corner of said Lot 12 for the
North corner of this tract;
Thence South 61° 03' 37" East, along the Northeast boundary
line of said Lots 12, 11 and 10, of said Section 5, 1,983.81
feet for the East corner of said Lot 10 and the East corner
of this tract;
Thence South 29° 01' 00" West, along the Southeast boundary
line of said Lot 10, at 1,320.37 feet pass the South corner
of said Lot 10, same being the East corner of said Lot 23 and
continuing along the Southeast boundary line of said Lot 23,
in all a distance of 1,350.37 feet for the South corner of
this tract;
. ,c43(f-(- g"'
Thence North 61° 00' 45" West 1,070.00 feet for the point
of curvature of a circular curve to the left which has a
central angle of 23° 00' 00", a radius of 314.06 feet, a
tangent distance of 63.90 feet and an arc length of 126.07
feet;
Thence with said curve to the left, 126.07 feet for the point
of tangency;
Thence North 84° 00' 45" West 537.69 feet for the point of
curvature of a circular curve to the left whose radius point
bears South 05° 59' 15" West 10.00 feet and has a central
angle of 87° 26' 50", a radius of 10.00 feet, a tangent
distance of 9.56 feet and an arc length of 15.26 feet;
Thence with said curve to the left 15.26 feet for a corner
of this tract;
Thence North 81° 27' 35" West 60.00 feet for a corner of this
tract and the paint of curvature of a circular curve to the
left whose radius point bears North 81° 27' 35" West 828.07
feet and has a central angle of 16° 31' 25", a radius of 828.07
feet, a tangent distance of 120.24 feet and an arc length of
238.81 feet;
Thence with said curve to the left 238.81 feet for the
point of tangency which point of tangency is the beginning
point of curvature of another circular curve to the left
whose radius point bears South 82° 01' 00" West 150.51
feet and has a central angle of 53° 00' 00", a radius of
150.51 feet, a tangent distance of 75.04 feet and an arc
length of 139.22 feet;
Thence with said curve to the left 139.22 feet for the
point of tangency on the Northwest boundary line of said
Lot 21 for the West corner of this tract;
Thence North 29° 01' 00" East, along the aforementioned
Northwest boundary line, at 30.00 feet pass the North
corner of said Lot 21, same being the West corner of
said Lot 12 and continuing along the Northwest boundary
line of said Lot 12, in all a distance of 1,348.72 feet
to the point of beginning.
It is agreed by and between the parties hereto that the above
described land and territory shall be included within the corporate
boundaries of the City of Corpus Christi, Texas, and shall become a part
thereof, subject to the terms of Article I, Section 2, of 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 Owner and each of them, and shall consti-
tute covenants running with the land.
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1979.
ATTEST:
Secretary
ATTEST:
WITNESS OUR HANDS, this the day of
City Secretary
APPROVED:
12th DAY OF SEPTEMBER, 1979:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
Director of Finance
. TUCKER PROPERTIES
By
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
Corpus Christi, exas
_day
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
9
z7
For the reasons set forth in the emergency clause of the foregoing ordinance, a
public emergency and imperative necessity exist for the suspension 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 and pass this ordinance finally on the date it
is introduced, or at the present meeting of the City Council.
Respectfully,
MAD
1111
7.A /
THE C Y OF CORPUS CHRISTI, TEXAS
The Charter rule was suspender by the following vote:
Luther Jones - '
Edward L. Sample I,/
Dr. Jack Best
David Diaz `,
Jack K. Dumphy /
Betty N. Turner
Cliff Zarsky f
The above ordinance was passed by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
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