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HomeMy WebLinkAbout16425 ORD - 07/29/1981ls:7-6/81;lst AN ORDINANCE ANNEXING THE FOLLOWING TRACT OF LAND: A 115.44 ACRE TRACT, MORE OR LESS, OUT OF LOTS 1, 2, 3, 4, 15 AND 16, SECTION 20, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS IN NUECES COUNTY, TEXAS, AND MORE FULLY DESCRIBED HEREINAFTER, PUR- SUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVER- ABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on the 15th 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 970a, 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 15, 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 tract or parcel of land as set forth in Exhibit "A" attached, being a copy of annexation contract between the City of Corpus Christi and WBC Holdings,Inc•aml William J. Hedrick is hereby annexed, said parcel or tract being more fully described as follows: _Metes and bounds for 115.44 acres of land -more or less, -out of portions of Lots 1, 2, 3, 4, 15, and 16, Section 20, Flour Bluff and -Encinal Farm -and Garden Tracts as shown by map recorded in Volume A, Pages 41, 42, and 43, Nap_Records of Nueces County, Texas; BEGINNING at a point on the present City Limits line, the intersec- tion of the North right-of-way line of Saratoga Blvd. (State Highway 357) - and the East right-of-way line of Airline Road for the Northeast corner of this tract; THENCES.02°25'00" West along the East right-of-way line of Airline -Road, a distance of 1,540.00 feet more or less to -a point, the intersection -of the - East right-of-way line of Airline Road and the Southeasterly extension of the North boundary line of -Lot 13 of the afore mentioned -Section 20 for the East corner of this tract; 1.6425 ILMED,. SEP 27 iag4 THENCE North 61°02'30" West along the common North boundary line of - Lots 13, 14, and 15 of the afore mentioned Section 20, a distance of 1,352.83 feet more or less to the Northeast corner of said Lot 15, Section -20 for an inner corner of•this tract; THENCE South 29°00'30" West along the East boundary line of said Lot 15, Section 20, at 1,299.55 feet more or less pass the North right-of- way of 40.00 foot wide County Road 26-A, in all a distance of 1,319.55 feet more or less to a,point on the centerline of said County Road for the most southerly Southeast corner of this tract; THENCE North 61°00'00" West along the centerline of said 40.00 feet wide County Road, 1,330.05 feet more or less to a point on the West right- of-way line of existing 60.00 foot wide County Road 13 for the most Westerly corner of this tract;• THENCE North 28'5.7'30" -East along the West right-of-way line of -said 60.00 foot wide County Road 13, a distance of 2,519 feet -more or less to -a point on.the North right-of-way line of Saratoga Blvd. (State Highway 357), the present -_City Limit line, for the North corner of this tract; THENCE -South -40'57'30" East along said present City Limit line, a distance -of-1}980.00-feet,more or less to -the POINT -OF -BEGINNING. 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 29 day of July, 1981. ATTEST: it Se tart' APPROyED: 15T—DAY OF JULY, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By 74. . is ant City Atto ey MAYOR f THE CIT' OF CORPUS CHRISTI, TEXAS STANDARD FORM ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between WBC Holdings, Inc. and William J. Hedrick, 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 "City"-, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter 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 extraterritorial 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: Metes and bounds for 115.44 acres of land more or less, out of portions of Lots 1, 2, 3, 4, 15, and 16. Section 20, Flour Bluff and Encino]. Farm and Garden -Tracts as shown by map recorded in Volume A, Pages 41, 42, and 43, Map Records of Nueces County, Texas; BEGINNING at a point on the present City Limits line, the intersec- tion of the North right-of-way line of Saratoga Blvd. (State Highway 357) and the East right-of-way line of Airline Road for the Northeast corner of this tract; THENCES.02°25'00" West along the East right-of-way line of Airline Road, a distance of 1,540.00 feet more or less to a point, the intersection of the East right-of-way line of Airline Road and the Southeasterly extension of the North boundary line of Lot 13 of the afore mentioned Section 20 for the East corner of this tract; THENCE North 61°02'30" West along the common North boundary line of Lots 13, 14, and 15 of the afore mentioned Section 20, a distance of 1,352.83 feet more or less to the Northeast corner of said Lot 15, Section 20 for an inner corner of,this tract; THENCE South 29°00'30" West along the East boundary line of said Lot 15, Section 20, at 1,299.55 feet more or less pass the North right-of- way of 40.00 foot wide County Road 26-A, in all a distance of 1,319.55 feet more or less to a point on the centerline of said County Road for the most southerly Southeast corner of this tract; THENCE North 61°00'00" West along the centerline of said 40.00 feet wide County Road, 1,330.05 feet more or less to a point on the West right- of-way line of existing 60.00 foot wide County Road 13 for the most Westerly corner of this tract; THENCE North 28°5.7'30" East along the West right-of-way line of said 60.00 foot wide County Road 13, a distance of 2,519 feet more or less to a point on the North right-of-way line of Saratoga Blvd. (State Highway 357), the present City Limit line, for the North corner of this tract; THENCE South 40'57'30" East along said present City Limit line, a distance of 1,980.00 feet more or less 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. Owners further agree that the subdivisions platted out of the property being herein annexed and as described in Exhibit "A" will be subdivided in compliance with all of the requirements of the City's Master Plan for drainage, utilities, and streets and all the requirements of the City's Platting Ordinance.. In addition, owners agree that the following improvements will be made in partial satisfaction of the requirements of the Platting Ordinance: a) Park Dedication: 4.7 acres of park land will be dedicated and a cash payment in the amount of $3,750.00 equal to .5 acre of land will be made; b) Water Main: A 12 -inch water main will be installed at owner's expense, running approximately 2,000 feet from Brandywine Subdivision along Saratoga Drive to its intersection with Airline Road, and connecting said water main to an 8 -inch -main running south along Airline Road. This water main construction will be in lieu of construction of water main on Saraline Drive; c) Owners specifically agree that those areas not included in the final plat at this time will not be served by water, sewer, or other utilities included within that section under final plat at this time. Owners further agree that the areas not having a final plat at this time will be required at the time of platting to lay a 12 - inch water main from Airline Road west to Saraline Drive, and south along Saraline to the northern boundary of Unit I. Additionally, owners agree that an 8 -inch main will be extended along Airline Road from Dowing Street south to the southern contiguous boundary of the preliminary plat; d) Oversizing of sewer lines: The City of Corpus Christi will reimburse the developers for the oversizing of the 8 -inch line to a 15 -inch line on Saraline adjacent to the subdivision, only to the extent that funds are made available from developer payments from future subdivisions. Such reimbursement will be on the basis of 100% for the first five years, thereafter de- creasing at 10% per year for the next ten years. The reimburse- ment will carry 10% simple interest. That all of the above conditions shall be binding upon the success - and assigns of the said Owner and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS, this the day of , 1981. ATTEST: City Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY WBC HOLDINGS, INC. BY William. J: Hedrick CITY OF CORPUS CHRISTI - By , 1981: By Assistant City Attorney R. Marvin Townsend, City Manager Corpus Christi, Tex ;29 day of TO THE MEMBERS OF THE CITY COUNCIL 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. , 19 2/ Respectfully, Respectfully, MAYOR The ity of Corpus Christi, Texas Council Members The Charter rule was suspended by Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L.—Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky The above ordinance was Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley ' Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: passed by the following vote: 16425 CITY ❑F • CORPUS CHRISTI . t CORPIJS,CHRISTI, TEXAS 7A August 6, 1981 Mr.'Michael Maxwell Map Supervisor Texas Insurance Checking Office P.O. Box 15 Austin, TX 78782' ' Dear Mi. Maxwell: Enclosed is a certified copy of Ordinance #16425, passed and approved by the City Council of the City of Corpus Christi on July,29,,i981. This ordinance annexes to,the City a 115.44 acre= tract out of Lots 1; 2, 3, 4,.15,,and 16, Section 20, Flour Bluff and Encinal_Farm and Garden Tracts. Sincerely, Bill G. Read City Secretary s,=, CITY OF . CORPUS CHRISTI CORPUS CHRISTI, TEXAS g Mrs. Marion Uehlinger- - Nueces County Clerk P.O. Box 26270..x-,. tt' ' r. . Corpus Christi, TX. 78403. Dear Mrs. Uehlinger: 4 Enclosed is a certified copy,of Ordinance'#16425, passed and approved by the City Council,of the ' City of Corpus Christi on July 99„1981,-.„ 'This 9,1981.-- 'This ordinance annexes to.the City a-115.44 acre tract out of Lots 1, 2, 3, 4, 15 and 16, Section 20, Flour Bluff and Encinal Farm and Garden Tracts.- BGR/tp Sincerely, Bill G. Read City Secretary it CITY OF CORPUS CHRISTI - CORPUS CHRISTI, TEXAS August 6, 1981 - Mr. ,Mike Herman Project Manager . Ferguson Map Company, Inc.,_;-, 1518 N. St. Mary's St. San Antonio,` TX 78215• Dear Mr. Herman: Enclosed is a copy of Ordinance #,16025, passed, ,and approved by the City Council of the City of Corpus Christi on July_9, 1981. _ , This ordinance annexes to,the,City-a,115.44 acre tract out of Lots 1, 2, 3, 4, 15 and 16, Section 20, Flour Bluff & Encinal Farm,& Garden,Trac s: Encl. - BGR/tp Sincerely, ' Bill G. Read City Secretary CITY OF, CORPUS CHRISTI CORPUS CHRISTI, TEXAS f 1I . tr • August 6,' 1981 -Southwestern Bell P.O. Box 441 Corpus Christi, TX 78403{, - Gentlemen: r- - , Enclosed is' a copy,of Ordinance #16425,•passed and approved -by the City Council of the City . of Corpus Christi on July,29,; 1981. _This ordinance annexes to hhe City 115.44_acre ,,- tract out of Lots 1, ,2, 3, 4,,:15.and ,16, Section 20, Flour Bluff & Encinal Farm Garden„Tracts. • Sincerely, Bill G. Read City Secretary CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS • . August 6, 1981 Central Power & Light Co., P.O. Box 2051 Corpus Christi, TX • 78403„. Gentlemen: r Enclosed"'is a copyoof Ordinance No. 16425, passed and approved by the City Council of the City of - Corpus Christi on July 29,x_1981. T This ordinance annexes to,the City, a.115.44 acre tract out of Lots 1, 2,'3, 4, 15 and 16;; Section 20 z. Flour Bluff and Encinal•Farm,and.Garden Tracts._> • BGR/tp Sincerely, Bill G. Read City Secretary„.;, r l CITY CIF -CORPUS CHRISTI-. CORPUS CHRISTI, TEXAS s• Augustt6, 1981` a. Mr.`UranDean Ware ' Kleberg,County Clkrk Kingsville; _TX _78363'2 Dear Mr. Ware: Enclosed is'a certified copyof Ordinance #15425, -passed and approved by -the, City Council of the City of;Corpus Chrtiti onJuly,29,, 1981. This ordinance annexes_to the City, a 115.44 acre tract out bf Lots 1,,-2;,3, 4, 15,and 16, Section 20,Flour Bluff and'Encifial Farm and Garden Tracts. ' Encl. BGR/tp Sincerely, Bill G. Read City Secretary CITY OF CORPUS CHRISTI CORPUS C}RISTI, TEXAS August 6, 1981 Comptroller of Public Accounts' Revenue Accounts Division- Attn: Robert Daniels P.O. Box 13528 Austin, TX 78711 ' Deai Mr. Daniels: Enclosed is a certified cppy of Ordinance #16425,_ passed and approved by the City Council of the City of Corpus Christi on,July 29, 1981. ' This ordinance annexes to the City a 15.44 acre tract out Of Lbts 1,' 2, 3, '1 4,,15, and 16, Section • 20, Flour Bluff and Encinal Farm, and Garden Tracts. Sincerely, " Bill G. Read City Secretary CITY OF CORPUS 'CHRISTI CORPUS CHRISTI, TEXAS August 6, 1981 State Comptroller of Public Accounts 4639 Corona 'Attn: Teodoro Gonaaes , Corpus Christi, TX 78411 Dear Mr. Gonzales: - Enclosed is a certified copy_of Ordinance #16425, passed and approved by the City Council of the City of Corpus Christi on 41:y.29,1981., This ordinance annexes to the City a, 115.44 acre tract out of Lots 1, 2, 3, 4, 15 and 16,,SEction 20, Flour Bluff ixt1Encina1 Farm,and Garden Tracts. Sincerely, Bill.G. Read City Secretary, CITY OF = ' • CORPUS CHRISTI • CORPUS CHRISTI, TEXAS t August 6; 1981 , District Engineer " Texas Highway Department . P.O. Box 7708 Corpus Christi, TX 78415 , Dear Sir: ' Enclosed is a certified copy of Ordinance #16425, passed and approved•by the,City Council of the City of Corpus Chrtsti�on,July-29, T981. , This 'ordinance- annexes to the City ,a/ 115.44 acre tract out of Lots 1, 2, 3, 4, 15 and 16, section 20, Flour Bluff and Encinal Farm and Garden Tracts.. ` a F '�" ;Sincerely,. t r ,k' Bill G. Read• ' City Secretary r* Encl. r • _ f