HomeMy WebLinkAbout16408 ORD - 07/22/1981i sp;7/22/81,;1st
AN ORDINANCE
ANNEXING A 72.53 TRACT, MORE OR LESS, BEING OUT OF
THE F.J. SMITH FORMER 225.2 ACRE TRACT OF LAND OUT
OF THE MARIANO LOPEZ DE HERRERA GRANT, ABSTRACT NO.
606, MORE PARTICULARLY DESCRIBED HEREINAFTER, SIT-
UATED IN NUECES COUNTY, TEXAS, PURSUANT TO ARTICLE
970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHAR-
TER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVER-
ABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, on the 8th day of July, 1981, 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 Article
97Oa, V.A.C.S., Texas, as amended, for the consideration of institution of
proceedings for the annexation of a parcel or tract of land more fully
described hereinafter, in Nueces County, Texas, 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 on July 8, 1981; and
WHEREAS, owners of the above lands are desirous of contracting
with the City for annexation of said territory to the City of Corpus Christi;
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 area hereinafter more fully described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the tracts or parcels of land as set forth in
Exhibit "A" attached, being a copy of annexation contract between the City
of Corpus Christi and Nueces Development Company and Caldwell Properties,
Incorporated, is hereby annexed, said parcels or tracts being more fully
described as follows:
TRACT I:
Thirty (30) acres of land surveyed out of the F. J. Smith former
225.2 acre tract of land out of the Mariano Lopez de Herrera Grant,
Abstract No. 606, Nueces County, Texas, and described by metes and bounds
as follows:
BEGINNING at a 5/8" iron rod.found at the Northwest corner of a
15 acre elementary school tract owned by the Calallen Independent School
District, for the lower Northeast corner of this survey; said corner
being on the South boundary of Cenizo Canyon Unit 2, a map of which is
recorded in Volume 40, Pages 96-97 of the Map Records of Nueces County,
Texas;
SEP 2 71984
16408 •
M E!LMED
"SFP 7" ."4
THENCE South 10° West with the West boundary of said 15.0 acre
tract, 870.0 feet to a 60d nail found at its Southwest corner on the
centerline of a 60 foot county road known as Teague Lane, for the South-
east corner of this survey;
THENCE North 80° West, with the centerline of Teague Lane, 706.51
feet to a 5/8" iron rod found on the East boundary of a 44.86 acre tract
owned by the Calallen Independent School District for the lower Southwest
corner of this survey;
THENCE-North 16° 33' West, with said East boundary, 181.72 feet to
the Northeast corner of said 44.86 acre tract for an interior corner of
this survey;
THENCE North 84°-18' West, with the North boundary of said 44.86
acre tract, 300.00 feet for the upper Southwest corner of this survey;
THENCEwiththe West boundary of this survey North 5° 42' 00"
East, 538.80 feet; North 35° 02' 35" West, 433.66 feet and North 10° 08'
00." East, 471.28 feet to a point on the South boundary Of Cenizo Canyon
Unit 1, a map of-which is recorded in Volume 37, Pages 173-174, of-the»
Map Records of Nueces County, Texas, for the Northwest corner of this-
survey;
__THENCE South 79° 52' East, with said South boundary 484.10' to.
the-Northwest corner of above mentioned Cenizo Canyon Unit 2 for the
upper-Northeast corner of this survey;
THENCE with the West and Southwest boundaries of said Cenizo
:Canyon:Unit 2,-South 9° 52' East, 300.00 feet and South 39° 52' East,
"468.17 feet to its Southwest corner for an interior corner of this
:survey;
THENCESouth80° East with the South boundary of said Cenizo
Canyon Unit 2, 489.08 feet to the PLACE OF BEGINNING containing 30
acres=of land.
TRACT II:
Forty-two and 53/100ths acres (42.53 acres) of land surveyed
out of the F. J. Smith former 225.2 acre tract of land out of the
Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas,
and described by metes and bounds as follows:
BEGINNING at a 5/8"_iron rod set at the Northwest corner of a
44.86 -acre tract of land owned by the Calallen Independent School
District for the Southwest corner of this survey, from -which corner
the Southwest corner -of said 44.86 acre tract in the centerline of
100 foot wide FM Road 624 bears South 9' 51' West, 1,130.01 feet;
THENCE North 9° 51' East, with the common boundary between
said F. J. Smith 225.2 acre tract and the Nueces River Irrigation
Park Annex 1, a -map of which is recorded in Volume A, Page 55 of the
Nueces County Map Records, at 1618.55 feet pass a 5/8" iron rod set
on_1ine, at 1953.45 feet pass a 5/8" iron rod set on line in all a
distance of 2,044.23 feet to the South bank of the Nueces River for
the Northwestcornerof this survey;
THENCE with the South bank of the Nueces River,' North 88° 42'
15" East, 147.65 feet; North 79° 01' 25" East, 142.97 feet; North 68°
54' 40." East, 25-6.99 feet; North 65° 08' 30" East, 179.67 feet and
North 55° 24'- 50" East, 75.52 feet for the upper Northeast corner of
this -survey;
'THENCE South 0° 08' 00" West, with the most Westerly East
boundary of said F. J. Smith tract and the West boundary of Cenizo
Canyon Unita, a map of which is recorded in Volume 37, Pages 173-
174- of the Map Records of Nueces County, Texas, 264.65 feet to a 1-1/4"
iron pipe for an interior corner of said F. J. Smith tract, an interior
corner of this tract and the Southwest corner of said Cenizo Canyon Unit 1.
THENCE South 79° 52' East, with the South boundary of said
Cenizo Canyon Unit 1 and the North 'boundary of said F.•3. Smith tract
131..28 feet for the lower Northeast corner of this survey;
: THENCE with the East boundary of this survey South 10° 08' West,
471.28 ---feet; South 350 02' 35" East,. 433.66 feet and South 5° 42' West,
538.80 feet to a point on the North boundary of the above mentioned .
44.86 acre tract for the Southeast corner of this survey;
THENCE North 84° 18' West, with the North boundary of said
44.86 acre --tract, 575.86 feet tothepoint of curvature of a curve
to the left which has a central angle of 85° 51' and a radius. of 50.0
feet;
THENCE along said curve 74.92 feet to the point of -_tangency;
THENCE South 9° 51' West, with the West boundary of said 44.86
acre tract 262.28 feet to the point of curvature of a curve to the
right which has a central angle of 21° 06' and a radius of 275.00 feet;
THENCE along said curve 101.27 feet to the point of tangency;
THENCE South 30° 57' West, with the West boundary of said 44.86
acre tract, 192.03 feet to the point of curvature of another curve to
the right which has a central angle of 54° 04' and a radius of 155.00
feet;
THENCE along said curve 146.26 feet to the point of tangency;
THENCE South 85° 01' West, with the North boundary of said
4.4.86 acre tract, 419.91 feet to the PLACE OF BEGINNING containing -
42.53 acres of land.
The above-described area shall hereafter be a part of the City of Corpus
Christi, Texas, and shall be subject to the general laws of the State of
Texas, the City Charter of the City of Corpus Christi and the ordinances,
resolutions, laws, rules and regulations of the City of Corpus Christi to
all intents and purposes as the present City of Corpus Christi is so subject,
and subject to all the rights, privileges and burdens thereof.
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 necessity to immediately annex to the City of
Corpus Christi the aforesaid land and to declare that the same shall hereafter
be a part of the corporate limits of the City of Corpus Christi, creates 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 or Council members, having declared that
such necessity exists, 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 22 -day of July, 1981.
ATTEST:
Ci. Secretary
APPROVED:
-7--7---DAY OF JULY, 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant C��''ttorney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
THE STATE OF TEXAS
COUNTY OF NUECES
X
x
ANNEXATION CONTRACT
This Contract and Agreement made and entered into in dupli-
cate originals by and between Nueces Investment Company, A Texas
General Partnership composed of William B. Ogletree, James E.
Gunn, Nixon M."Welsh and Robert D. Thorpe, hereinafter referred
to as "NIC", and Caldwell Properties, Inc., hereinafter referred
to as "Owners", 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 referred to as "City", for
good and valuable consideration in hand received by the parties
respectively and upon the covenants and conditions hereafter
stated.
WITNESETH
The Owner is owner in fee simple and of all existing rights,
titles and interests therein of all the following described prop-
erty located in Nueces County, Texas adjacent to and adjoining
the corporate limits of the City of Corpus Christi, lying wholly
within the extra -territorial 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
heretb and marked Exhibit "A", and being more particularly de-
scribed as follows, to -wit:
A•72.53 acre tract of real property located in Nueces County, Texas,
being composed of and more fully described as Tract I and Tract II as
follows, to -wit:
TRACT I:
Thirty (30) acres of land surveyed out of the F. J. Smith former
225.2 acre tract of land out of the Mariano Lopez de Herrera Grant,
Abstract No. 606, Nueces County, Texas, and described by metes and
bounds as follows:
BEGINNING at a 5/8" iron rod found at the Northwest corner of
a 15 acre elementary school tract owned by the Calallen Independent
School District, for the lower Northeast corner of this survey; said
corner being on the South boundary of Cenizo Canyon Unit 2, a map of
which is recorded in Volume 40, Pages 96-97 of the Map Records of
Nueces County, ,:xas;
EX//' 794
THENCE South 10° West with the West boundary of said 15.0 acre
tract, 870.0 feet to a 60d nail found at its Southwest corner on the
centerline of a 60 foot county road known as Teague Lane, for the
Southeast corner of this survey;
THENCE North 80° West, with the centerline of Teague Lane, 706.51
feet to a 5/8" iron rod found on the East boundary of a 44.86 acre
tract owned by the Calallen Independent School District for the lower
Southwest corner of this survey;
THENCE North 16° 33' West, with said East boundary, 181.72 feet
to the Northeast corner of said 44.86 acre tract for an interior
corner of this survey;
THENCE North 84° 18' West, with the North boundary of said 44.86
acre tract, 300.00 feet for the upper Southwest corner of this survey;
THENCE with the West boundary of this survey North 5° 42' 00"
East, 538.80 feet; North 35° 02' 35" West, 433.66 feet and North 10°
08' 00" East, 471.28 feet to a point on the South boundary of Cenizo
Canyon Unit 1, a map of which is recorded in Volume 37, Pages 173-
174, of the Map Records of Nueces County, Texas, for the Northwest
corner of this survey;
THENCE South 79° 52' East, with said South boundary 484.10' to
the Northwest corner of above mentioned Cenizo Canyon Unit 2 for the
upper Northeast corner of this survey;
THENCE with the West and Southwest boundaries of said Cenizo
Canyon Unit 2, South 9° 52' East, 300.00 feet and South 39° 52' East,
468.17 feet to its Southwest corner for an interior corner of this
survey;
THENCE South 80° East with the South boundary of said Cenizo
Canyon Unit 2, 489.08 feet to the PLACE OF BEGINNING containing 30
acres of land.
TRACT II:
Forty-two and 53/100ths acres (42.53 acres) of land surveyed
out of the F. J. Smith former 225.2 acre tract of land out of the
Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas,
and described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set at the Northwest corner of a
44.86 acre tract of land owned by the Calallen Independent School
District for the Southwest corner of this survey, from which corner
the Southwest corner of said 44.86 acre tract in the centerline of
100 foot wide FM Road 624 bears South 9° 51' West, 1,130.01 feet;
THENCE North 9° 51' East, with the common boundary between
said F. J. Smith 225.2 acre tract and the Nueces River Irrigation
Park Annex 1, a map of which is recorded in Volume A, Page 55 of the
Nueces County Map Records, at 1618.55 feet pass a 5/8" iron rod set
on line, at 1953.45 feet pass a 5/8" iron rod set on line in all a
distance of 2,044.23 feet to the South bank of the Nueces River for
the Northwest corner of this survey;
THENCE with the South bank of the Nueces River, North 88° 42'
15" East, 147.65 feet; North 79° 01' 25" East, 142.97 feet; North
68° 54' 40" East, 256.99 feet; North 65° 08' 30" East, 179.67 feet
and North 55° 24' 50" East, 75.52 feet for the upper Northeast cor-
ner of this survey;
THENCE South 0° 08' 00" West, with the most Westerly East
boundary of said F. J. Smith tract and the West boundary of Cenizo
Canyon Unit 1, a map of which is recorded in Volume 37, Pages 173-
174 of the Map Records of Nueces County, Texas, 264.65 feet to a
1-1/4" iron pipe for an interior corner of said F. J. Smith Tract,
and interior corner of this tract and the Southwest corner of said
Cenizo Canyon Unit 1.
THENCE South 79° 52' East, with the South boundary of said
Cenizo Canyon Unit 1 and the North boundary of said F. J. Smith tract
131.28 feet for the lower Northeast corner of this survey;
THENCE with the East boundary of this survey South 10° 08' West,
471.28 feet; South 35° 02' 35" East, 433.66 feet and South 5° 42'
West, 538.80 feet to a point on the North boundary of the above men-
tioned 44.86 acre tract for the Southeast corner of this survey;
THENCE North 84° 18' West, with the North boundary of said
44.86 acre tract, 575.86 feet to the point of curvature of a curve
to the left which has a central angle of 85° 51' and a radius of 50.0
feet;
THENCE along said curve 74.92 feet to the point of tangency;
THENCE South 9° 51' West, with the West boundary of said 44.86
acre tract 262.28 feet to the point of curvature of a curve to the
right which has a central angle of 21° 06' and a radius of 275.00 -
feet;
THENCE along said curve 101.27 feet to the point of tangency;
THENCE South 30° 57' West, with the West boundary of said
44.86 acre tract, 192.03 feet to the point of curvature of another
curve to the right which has a central angle of 54° 04' and a radius
of 155.00 feet;
THENCE along said curve 146.26 feet to the point of tangency;
THENCE South 85° 01' West, with the North boundary of said
44.86 acre tract, 419.91 feet to the PLACE OF BEGINNING containing
42.53 acres of land.
Provided however, Caldwell Properties, Inc. is the record
title owner of and purchaser from NIC of the following described
portion of said total 72.53 -acre tract, to -wit:
Description of 7.135 acres of land, more or less, out of a
225.20 acre tract of land deeded to Farrell J. Smith out of the
Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County,
Texas, and more fully described by metes and bounds as follows:
BEGINNING at a point in the Northeast right-of-way line of
Teague Lane, said point being the Southwest corner of a Calallen
Independent School District tract for •the Southeast corner of this
tract;
THENCE N 80" 00' 00" W along the said Northeast right-of-way
line of Teague Lane, 370.00 feet to a point for the Southwest cor-
ner of this tract;
THENCE N 10° 00' 00" E 840.00 feet to a point for the North-
west corner of this tract, said point being in the South boundary
line of Cenizo Canyon Unit 2, Lot 1, as shown by plat recorded in
Volume 40, Pages 96 and 97, Map Records of Nueces County, Texas,
and said point being S 80° 00' 00" E, 119.08 feet as measured along
said South boundary line of Lot 1 from the Southwest corner of said
Lot 1;
THENCE S 80° 00' 00" E along said South boundary line of Lot 1,
370.00 feet to a point for the Northeast corner of this tract, said
point being the Northwest corner of said tract of land owned by
Calallen Independent School District, and also being N 80° 00' 00" W
721.03 feet as measured along the said South boundary line of said
Lot 1 from the Southernmost corner of said Lot 1.
THENCE S 10° 00' 00" W along the West boundary line of said
Independent School District tract of land 840.00 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, Te: -:as, and shall become a
part thereof, subject to the terms of Article I, Section 2, of the
-3-
City Charter of Corpus Christi, as amended, and as further pre-
scribed by Ordinance No. 11139 of the City of Corpus Christi.
It is further agreed by and between the parties that as an
essential part of the consideration of this Contract, Nueces
Investment Company, or successors or assigns, and City will per-
form the following conditions:
(1) When such property is platted and/or developed in
accordance with the Master Drainage Plan which
naturally drains the majority of the property to
the Nueces River, the developer will be required
to incorporate detention ponds into drainage ways
for the purpose of controlling sediment and pollu-
tant discharge into the Nueces River. The dimen-
sions and other design features of detention ponds,
is subject to the approval of the Director of
Engineering and Physical Development.
(2) NIC agrees to include in the final plat of River
Canyon Subdivision the dedication of a 3.63 acre
park.
(3) NIC agrees to comply with all provisions of the
Platting Ordinance as of the effective date of
this annexation.
(4) NIC agrees to construct a 10" V.C.P. sewer line
in Teague Lane from the western boundary line of
River Canyon Unit 1 eastward to the existing 12"
V.C.P. sewer line located in Calallen Drive.
(5) NIC agrees to construct an 8" A.C.P. water line
in Teague Lane eastward to the existing 8" A.C.P.
water line in Calallen Drive.
(6) NIC agrees to place in the subdivision restrictions
that no structures of any kind will be constructed
on any lot within the River Canyon Subdivision be-
low elevation 16 foot Mean Sea Level.
(7) City agrees to commence provision of fire, police,
health, sanitation and other usual City services
after the effective date of the annexation.
(8) City agrees to accept water, sewer, street and
drainage facilities after construction by Owner
according to City platting standards, and agrees
to maintain such facilities thereafter.
It is further agreed that all of the above conditions shall
be binding upon the successors and assigns of the said Owner and
-4-
each of them, and shall constitute covenants running with the
land.
WITNESS OUR HANDS, this the aqAday of , 1981.
NUECES INVESTMENT 6107 PANY, A Texas
General Partn-rship
ATTEST:
By V�
Robert D."Thorp =, Partne
CALDWEL .PROPER
By
Robert D. horpe
Attorney -in -Fact
IES, INC.
CITY OF CORPUS CHRISTI
By By
City Secretary R. Marvin Townsend, City Manager
APPROVED:
DAY OF _ /G!Wit,.! -, 1981.
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant czt ;Attorney
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RIVER CANYON SUBDIVISION
MEMORANDUM AGREEMENT
AUGUST 4, 1981
The City of Corpus Christi, hereinafter referred to as
"City", by and through its Assistant City Manager, James Lontos,
and Nueces Development Company, a Texas corporation, hereinafter
referred to as "NDC", hereby agree regarding the development of a
72.53 acre tract of real property located adjacent to the city of
Corpus Christi and, referred to as the River Canyon Subdivision
(as described by metes and bounds in the Annexation Ordinance No
16407, and the finalized Annexation Contract executed pursuant
thereto) as follows:
City shall require the owner or developer of the adjoining
approximately 47 acre tract of land (located in the southeast
corner of the 225.2 acre tract of land conveyed to F. J. Smith by
Deed dated July 21, 1941, recorded in Volume 272, Page 166, Deed
Records of Nueces County, Texas, said approximately 47 acres of
land being that property bounded by State Farm to Market Road
624, U.S. Highway 77, Calallen Drive, Teague Lane and Wildcat
Drive) as an annexation requirement (to be included in the
Annexation Contract regarding the said tract) and City platting
requirement to construct and install an eight inch A.C.P. water
line in Wildcat Drive from the existing A.C.P. water line in
State Farm to Market 624 to the A.C.P. water line in Teague Lane,
the said Teague Lane line being installed by NDC to the inter-
section of -Wildcat and Teague Lane.
NDC hereby acknowledges and agrees that prior to the final
plat approval of the 51st residential lot in the River Canyon
Subdivision a looped water system in said subdivision shall have
been provided by one of the following: (i) the completion of the
Wildcat line by the developer of the immediately above described
47 acre tract, or (ii) the connection by NDC into the existing
six inch A.C.P. water line in Rolling Ridge Trail as stubbed out,
approximately 300 feet from the boundary line of the Cenizo
Canyon Subdivision adjacent to the River Canyon Subdivision, or
(iii) by connection to a possible future eight inch A.C.P. water
line extension entering River Canyon Subdivision from its west
boundary from either County Road 69 or Farm to Market Road 624,
or (iv) as is otherwise reasonable by prudent engineering standards
with regard to looped water system necessary to pressurize the
development of the River Canyon Subdivision. The plans for the
looped system shall be approved by the Director of Engineering
and Physical Development.
NDC further acknowledges and agrees that it may be required
to pay for offsite easements, water lines or improvements to
provide a looped system to River Canyon Subdivision to enable the
platting of the said 51st lot. Provided however, NDC is granted
the right to use public right of ways, parks, dedications, or
easements, if applicable, to make the hereinabove described
installations or connections, and NDC shall be entitled to con-
nect the Teague Lane water line and Wildcat Drive water line,
free of charge or payment, but any "taps" to the system lines
must be in accordance with the applicable regulations regarding
tap fees.
WITNESS OUR HANDS this 6th day of August, 1981.
NUECES DEVE OPMENT COMPANY,
A Texas .o oor.ti
APPROVED:
NUECE. IN ESTM T COMPANY, By:
A Teas r.rt'e 'hip Robert D. T orpe, cretary
By:
Robert D. Thorpe
Partner
and Attorney -in -Fact
CITY OF CORPUS CHRIST
es Lontds,
sistant City Manager
Corpus Christi, Texas rr))
day of , 19 dJ
TO THE MEMBERS OF THE CITY COUNCIL v
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 suspension of the Charter
rule or requirement that no ordinance or resolution shall be passed finally on
the date it is introduced, but that such ordinance or resolution shall be read
at three meetings of the City Council; I/we, 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, Respectfully,
Council Members
The Charter rule was suspended
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
The above ordinance was passed
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley '
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
/5'015= -
The ity f Corpus Christi, Texas
following vote:
by
to following vote:
,. I G408