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HomeMy WebLinkAbout03720 ORD - 03/31/1954AC:3/31/54 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE FOR AND ON BEHALF OF THE CITY.QF CORPUS CHRISTI A CONTRACT WITH OSO PLACE, INC.. A CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, IN CONNECTION WITH THE INCORPORATION OF A 16.9 ACRE TRACT OF LAND OUT OF LOTS TWENTY -THREE (23) AND TWENTY -SIX (26), SECTION FOURTEEN (114) OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AND BEING OSO PLACE UNIT 3. AN ADDITION TO THE CITY OF CORPUS CHRISTI, AS SHOWN BY MAP OF RECORD IN THE OFFICE OF THE COUNTY CLERIC OF NUECES COUNTY, TEXAS, ADJOINING THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, OSO PLACE, INC., A CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, IS THE OWNER IN FEE SIMPLE OF THE PROPERTY DESCRIBED HEREIN WHICH ADJOINS THE CITY OF CORPUS CHRISTI; AND WHEREAS, THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI DEEMS SUCH ACTION OF INCORPORATION OF SUCH PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI TO BE IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI; AND WHEREAS, SUCH TERRITORY, WHEN SO ADMITTED INTO THE CITY, SHALL BEAR ITS PROPORTIONATE PART OF ALL TAXES LEVIED BY THE CITY AND ITS INHABITANTS SHALL HAVE ALL THE PRIVILEGES AND BE SUBJECT TO ALL THE DUTIES OF THE OTHER INHABITANTS OF THE CITY; 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 BE AND HE IS HEREBY AUTHORIZED TO EXECUTE FOR AND ON BEHALF OF THE SAID CITY OF CORPUS CHRISTI A CONTRACT WITH OSO PLACE, INC., A CORPORATION OF THE COUNTY OF NUECES, STATE OF TEXAS, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, AND READS AS FOLLOWS: �� " V THE STATE OF TEXAS 1 COUNTY OF NUECES i THIS CONTRACT AND AGREEMENT ENTERED INTO IN DUPLICATE BY AMD BETWEEN OSO PLACE, INC., A CORPORATION Of THE COUNTY OF NUECES AND STATE Of TEXAS, AND THE CITY OF CORPUS CHRISTI, TEXAS, A MUNICIPAL CORPORATION, AND FOR SUCH W 1 T N E 5 5 E T H: THAT 030 PLACE, INC. IS OWNER IN FEE SIMPLE OF THE FOLLOWING DESCRIBED PROPERTY LOCATEO IM NYECES COUNTY, TEXAS, ADJOINING THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI, AMC BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WITS 16.9 ACRE TRACT OF LAND OUT OF LOTS TWERTY -THREE (23) AND TWENTV -SIX (26) SECTION FOURTEEN (14) FLOUR BLUFF AMC ENCINAL FARM AND GARDEN TRACTS NUECEs COUNTY, TEXAS, AND 6E140 THAT PORTION THEREOF SHOWN ON A MAP Of DSO PLACE UNIT 3, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS THE SAME APPEARS Of RECORD IN VOL. AT PAGE OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, TO WHICH REFERENCE IS HERE MADE FOR A MORE PARTICU- LAR DESCRIPTION Of SAID LAND, SAID 16.9 ACRE TRACT BEING OESCRIGEO BY METES AMD SOUNDS AS FOLLOWSS BEGINNING AT A POINT IN THE CENTER LINE OF MCARDLE ROAO,1 WHICH CENTER LINE 1'5 ALSO THE 'SOUTH OR SOUTHWEST BOUNDARY OF LOT 26, SECTION 1$, FLOUR BLUFF i ENCINAL FARM i GARDEN TRACT *, FROM!WNICN POINT OF SEGINN1118 THE WEST CORNER OF SAID LOT 26, SEC. [�14, FDBuR BLUFF 3 ENCINAL FARM & GARDEN TRACTS, BEARS N. 60' 55' 115" W., 119.001, SAID POINT OF DEGIMNING BEING THE MOST SOUTHERLY CORNER OF OSO PLACE KNIT 2, AND THE MOST WESTERLY CORNER OF THE TRACT HEREIN BEING DESCRIBED. THENCE WITH THE SOUTHEAST BOUNDARY Of 0*0 PLACE UNIT 2, WHICH IS ALSO THE NORTHWEST BOUNDARY OF THIS TRACT, N. 28, 56' 30" E. 796.01 TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 13` 591 051}, WHOSE RADIUS IS 450.50' AND WHOSE LENGTH IS 109.961. '.HENCE CONTINUING WIT" THE SOUTMEAST BOUNDARY Of OSO PLACE UNIT 2, WHICH IS ALSO THE NORTHWEST BOUNDARY Of T1413 TRACT, ALONG SAID CURVE TO THE RIGHT IN A NORTHEASTERLY DIRECTION A DISTANCE OF 109.96` TO A POINT IN THE SOUTHWEST BOUNDARY OF BURR DRIVE. THENCE CONTINUING WITH THE .SOUTHEAST BOUNDARY Of OSO PLACE UNIT 2, WHICH IS ALSO THE NORTHWEST BOUNDARY Of THIS TRACT, ON A LINE WHICH 1* NOT TANGENT TO THE ABOVE MENTIONED CURVE, N. 35' 17' 12" E., AT 50.101 CRBSB THE NORTHEAST BOUNDARY OF BURR DRIVE, AT 423-77', CROSS THE NORTHEAST BOUNDARY OF SAID LOT 26, SECTION 14, FLOUR BLUFF % ENCINAL FARM & GARDEN TRACTS, WHICH 19 ALSO TUC SOUTHWEST BOUNDARY of LOT 23, SECTION 14, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, AT 478.30' CROSS THE SOUTH BOUNDARY Or PRiMCE DRIVE, IN ALL A DIS- TANCE Of 538.94' TO A POINT IN THE NORTH BOUNDARY OF PRINCE DRIVE, FOR AN ANGLE POINT. THENCE CONTINUINS WIT% THE SOUTHEAST BOUNDARY or OSO PLACE UNIT 2t WHICH I$ ALSO tNE NORTIIWKSY BOUNDARY Or THIS TRACT, N. 0- {9' 30`° E., 49,71' TO THC POINT Of CURVATURE Of A CURVE TO THE RIGHT WHOSE CENTRAL ANGLE IS 28" 07', WHOSE RADIUS IS 19.31', AND WHOSE LENGTH IS $05.77'. THENCE CONTINUING WITH THE SOUTHEAST BOUNDARY Of OSO PLACE UNIT 2, WHiCN IS ALSO THE NORTHWEST BOUNDARY Of THIS TRACT' ALONG THE LAST ABOVE MENTIONED CURVE TO THE RIGHT IN A NORTHERLY DIRECTION, M5.77' TD THE POINT or TANGENCY. THENCE CONTINUING WITH THE SOUTHEAST BOUNDARY OF OSO PLACE UNIT 2, WHICH IS ALSO THE NORTHWEST BOUNDARY OF THIS TRACT, N. & 56' 30" E., AT 576.581,, CROSS THE SOUTHWEST BOUNDARY Or WHiTAKER DRIVE, PN ALL A DISTANCE OF 626.58' TO A POINT IN THE NORTHEAST BOUNDARY Of WHITAKER DRIVE, FOR A CORNER OF THIS TRACT. THENCE WITH THE NORTHEAST BOUNDARY OF WHITAKER DRIVE, N. 61` ov W., 12.55' TO THE SOUTH CORNER or Lot 31, BLOCK 2, 080 PLACE UNIT 2, FOR A CORNER OF Till$ TRACT. THENCE CONTINUING WITH THE 5oUTNEAST BOUNDARY Of OSO PLACE UNIT 2, WHICH IS ALSO THE NORTHWEST SOUMDARY OF THIS TRACT, N. 2Uu 58' E., 116.50' TO THE EAST CORNER OF LOT 31 BLOCK 2, 030 PLACE UNIT 2, FOR THE MOOT EASTERLY CORNER Or'090PLACE UNIT 2, AND THE MOST NORTHERLY CORNER OF THIS TRACT. THENCE WITH SHE SOUTHWEST BOUNDARY Of TN£ OSO GOLF COURSE, WHICH is ALSO THE NORTHEAST BOUNDARY of THIS TRACT, 5. 61, 02' E., PARALLEL TO THE NORTHEAST BOUNDARY Of Lot 23, SECTION 14, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, 300.00' FOR THE MOST EASTERLY CORNER OF THIS TRACT, FROM WHICH THE EAST CORNER Of SAID LOT 23, SECTION 14, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, BEARS S. 61° 02' E., 183.50' AND N. 28' 58' E., 221.0'. THENCE WITH THE SOUTHEAST BOUNDARY OF THIS TRACT S. 28'' 58' W., 166.50' TO A POINT FOR A CORNER Of THIS TRACT. THENCE N. 61' 02' W., 4.43' TO A POINT FOR A% INSIDE CORNER OF THIS TRACT. THENCE CONTINUING WITH THE SOUTHEAST BOUNDARY Of THIS TRACT S. 28" 56' 30" W., 545.13' TO THE POINT or tuav ATVRE Or A CURVE TO THE LEFT WHORE CENTRAL AMBLE IS 28° 07', WHOSE RADIUS 13 250.01, AND WHOSE LENGTH i3 122.681. THENCE ALONG LAST ABOVE NENTIONEO CURVE TO THE LErT, IN A SOUTHERLY DIRECTION Iz2.68' TO THE POINT Of TANGENCY. THENCE. S. 0° 49' 30'.W., 23.79' TO THE POINT OF CURVATURE Of A CURVE to THE RIGHT WHOSE TANGENT AT SAID POINT Of CURVATURE IS AT RIGHT ANGLES TO THIS COURSE, WHICH CURVE HAS A CENTRAL ANGLE Or 1 "' 38' 41 " -, A RADIUS OF 1113.37', AND LENGTH or 31.961'. THENCE ALONG LAST ABOVE MENTIONED CURVE TO THE RIGHT, IN AN EASTERLY DIRECTION 31.96' TO THE POINT OF TANGENCY FOR A CORNER OF THIS TRACT. _2.. THENCE S. 2" 28' 11" W., AT RIGHT ANGLES TO THE TANGENT Or LAST ABOVE MENTIONED CURVE AT THE POINT OF TANGENCY, 166.50' TO THE POINT OF CURVATURE Or A CURVE TO THE LEFT, WHOSE TANGENT AT SAID POINT Or CURVATURE IS AT RIGHT ANGLES TO THIS COURSE WHICH CURVE TO THE LErT HAS A CENTRAL ANGLE Or 1" 38' 41 ", A RADIUS OF 946.871, Alto A LENGTH or 27.18'. THENCE ALONG LAST ABOVE MENTIONED CURVE TO THE LEFT IN A WESTERLY DIRECTION, 27,18' TO TNC POINT OF TANGENCY. THENCE N. 10' 30" W., 80.12' TO A POINT FOR A CORNER Or THIS TRACT. THENCE S. 9` 52' 30" E., 103.30' TO A POINT Or DEFLECTION TO THE RIGHT, �e THENCE S. 2" 48' 55 E., 88.20' TO A POINT OF DEFLECTION TO THE LEFT, THENCE S. 4„ 112' 30,, E. 51.09' TO A POINT IN THE SOUTHEAST BOUNDARY OF LOT 29, SECTION 111, FLOUR BLUFF & EMCIMAL FARM & GARDEN TRACTS, WN4CH POINT BEARS S. 28" 56' 3?!0" W., 133.93' rRON THE EAST CORNER Or SAID LOT 26, SECTION d, FLOUR SLUFF & ENCINAL FARM & GARDEN TRACT$. THENCE WITH THE SOUTHEAST BOUNDARY Or SAID LOT 26, SECTION 14, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, S. 28" 56' 30" W., 55.32' TO THE INTERSECTION Or SAID 'SOUTHEAST yBOUNDARY WITH A CURVE TO THE LEFT WHOSE CENTRAL ANGLE IS 52, 80' 13", WHOSE RADIUS IS 477.64'1 AND WHOSE LENGTH IS 439.081, FROM WHICH POINT Or INTERSECTION, THE CENTER POINT OF SAID CURVE BEARS S. a' 23' 17" E., 477.64'. THENCE ALONG LAST ABOVE MENTIONED CURVE TO THE LEFT, IN A SOUTHWESTERLY DIRECTION, 439.08' TO THE POINT OF TANGENCY. THENCE SOUTH 28` 56' 30" W., 757.41' TO A POINT ON THE CENTER LINE DF MCAROLE ROAD r WHICH 1$ ALSO THE SOUTHWEST BOUNDARY OF LOT 26, SECTION 1$, FLOUR BLUFF & EMCIMAL FARM & GARDEN TRACT$, FOR THE SOUTH CORNER OF OF THIS TRACT, WHICH SOUTH CORNER BEARS N. 6D" 55' 45" W., 188.0' FROM THE SOUTH CORNER OF SAID LOT 26, SECTION 14, FLOUR BLUFF & EMCIMAL FARM & G;.ROEN TRACTS. THENCE WITH THE CENTER LINE OF McARDLE ROAD, WHICH IS ALSO THE SOUTHWEST BOUNDARY OF SAID LOT 26, SECiION 14, FLOUR BLUFF & ENCINAL FANM & GARDEN TRACTS, N. 60° 55' 45.E W., 283.00', TO THE WEST CORNER AND PLACE Or BEGINNING OF THIS TRACT, CON - TAINiMG 16.90 ACRES MORE OR LESS; THAT THERE ARE NO RESIDENT VOTERS IN THE ABOVE DESCRIBED TERRITORY. IT 1$ AGREED BY AND BETWEEN THE PARTIES HERETO THAT THC ABOVE DES- CRIBED TERRITORY SMALL BE INCLUDED WITNFN THE SOUMOARI[S Or THE CITY Or CORPUS CHRISTI, TEXAS, AND SHALL BECOME A PART THEREOF, UPON THE PERFORMANCE Or THE EXPRESS COVENANTS HEREINAFTER CONTAINED. THE SAID 0SO PLACE, INC. AGREES TO THE FOLLOWING EMPRESS CONDITIONS TO THE ADMISSION Or THE ABOVE DESCRIBED TERRITORY INTO THE CITY Or CORPUS CHRISTI, TEXAS: -3- 1. THAT ITS THE OWNER OF SAID PROPERTY, WILL HAVE A PLAT OF SAID TERRITORY CONFORM WITH THE PLATTING ORDINANCE OF THE CITY Of CORPUS CHRISTI, TEXAS, AND THE REQUIREMENTS OF THE ZONING AND PLANNING COMMISSION. Z. THAT ANY DEVELOPMENT OF SAID TERRITORY WILL COMPLY WITH THE STANDARDS OF IMPROVEMENTS REQUIRED BY THE DEPARTMENTS OF PUBLIC WORKS AND THE ZONING AND PLANNING COMMISSION OF TILE CITY Of CORPUS CHRISTI, TEXAS, FOR DEVELOP MENT OF SUBDIVISIONS IN THE CITY OF CORPUS CHRISTI# INCLUDING PAVING OF ALL STREETS AND INSTALLATION OF SIDEWALKS# CURBS AND GUTTERS, AND PAY THE FEES OF TEN CENTS (ICo) PER FRONT FOOT PER LOT FOR INSPECTION OF SUCH INSTALLATIONS FOR INSPECTION FURNISHED BY THE CITY. 3. THAT ALL IMPROVEMENTS REQUIRED SHALL BE SUBJECT TO APPROVAL AND ACCEPTANCE BY THE DIRECTOR OP PUBLIC WORKS. THERE SHALL BE NO OBLIGATION ON THE CITY FOR MAINTENANCE UNLESS ALL IMPROVEMENTS ARE ACCEPTED BY THE DIRECTOR OF PUBLIC WORKS. NO BUILDING SHALL BE COMMENCED WITHOUT FIRST OBTAINING BUILDING PERMITS PAYING FEE THEREFOR, COMPLYING WITH CITY ORDINANCE REQUIREMENTS AND SUB- JECT TO CITY INSPECTION AND APPROVAL. 4. THAT IT, THE OWNER OF SAID TERRITORY, AGREES THAT IN THE DEVELOP- MENT OR SUBDIVISION Of ANY OF SUCH TERRITORY IT WILL CONFORM TO THE POLICY FOR THE DEDICATION OF PARK AREA ESTABLISHED BY THE CITY OF CORPUS CHRISTI, TEXAS, AND AS REQUIRED BY THE ZONING AND PLANNING COMMISSION OF THE CITY Of CORPUS CHRISTI, T£XCAS. 5. THAT THE OWNER OF SAID TERRITORY UNDERSTANDS AND AGREES THAT SUCH ANNEXATION or SUCH TERRITORY BE 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 AOOITIONSL LOAD, THE DETERMINATION OF SUCH CAPACITY TO BE MADE SOLELY BY THE DIRECTOR OF PUBLIC WORKS AND HIS DECISION SHALL BE BINDINO UPON THE SAID OWNER. 6. THAT ALL Of THE ABOVE CONDITIONS SHALL BE BINDING UPON THE SUCCESSORS AND ASSIGNS OF THE SAID 050 PLACE, INC., A CORPORATION, OR EITHER DF TH84 AND SHALL CONSTITUTE COVENANTS RUNNING WITH THE LAND, WITNESS OUR HANDS THIS DAY OF APRIL# '1954. ATTESTS SECRETARY ATTEST: ITY SECRETARY APPROVED AS TO LEGAL FORM: ITx TTORNEY OSO PLACE, INC. BY PRESIDENT CITY OF CORPUS CHRISTI, TEXAS BY CITY .ANADER CIE. SECTION 2. THE SHORTAGE OF SITES FOR RESIDENTIAL AREAS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI CREATES A PUBLIC EMERGENCY AND IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE 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 SEVERAL MEETINGS OF THE CITY COUNCILS AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST2 AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTIONS AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROVED, THIS DAY OF 1954. MAYOR icy THE CITY OF CORPUS CH ISTI, TEXAS ATTEST:, AL r CITY SECRETAR APPROVED AS TO LEGAL FORM: CITY ATTORNEY CORPUS CHRISTI, TEXAS ,195 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS GENTLEMEN FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING-"DINANCE, 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 13 INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY- COUNCIL; I, THEREFORE, HEREBY 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, MAYOR ' CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: A. A. LICHTENSTEIN ELLROY KING Y P. C. CALLAWAY`, JAMES S. NAISMITH W. JAMES BRACE THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE* A. A. LICHTENSTEIN ELLROY KING P. C. CALLAWAY JAMES S. NAISMITH W. JAMES BRACE " \ f 3��