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HomeMy WebLinkAbout16477 ORD - 08/19/19817/23/81;lst;mby 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 SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A 67.99 -ACRE TRACT OF REAL PROPERTY, LOCATED IN NUECES COUNTY, TEXAS, BEING OUT LOTS 22, 23, 24, 26, ALL OF 27 AND AS PORTION OF 28, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Tucker Properties are owners in fee simple, of a 67.99 - acre tract of real property located in Nueces County, Texas, and being out of Lots 22, 23, 24, 26, all of 27 and a portion of 28, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, said 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 owners are desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on August 12, 1981, 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 Arti- cle 970a, V.A.C.S., Texas, as amended, for the consideration of institution of proceeding for the annexation of defined area wholly within the extra- territorial jurisdiction of the City of Corpus Christi, more particularly described by metes and bounds are 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 12, 1981; and WHEREAS, it has been determined by the City Council that the territory within said tract or parcel of land, now proposed to be annexed, abuts and is contiguous and adjacent to the City of Corpus Christi and constitutes lands and territories subject to contractual annexation as pro- vided by the City Charter Article I, Section 2c; and 164'77 MICROFILMED SEP z i 1984 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 hereafter 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 execute a contract between the City of Corpus Christi and Tucker Properties, a true copy of which said 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: FIELDNOTES for 67.99 acres of land out of Lots 22, 23, 24, 26, all of 27 and a portion of 28, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41, 42, 43, Map Records of Nueces County, Texas: BEGINNING at a 5/8 inch iron rod on the existing Northwest right- of-way line of South Staples Street for the East corner of this survey from which corner the centerline intersection of said South Staples Street and County Road No. 26-A, being the East corner of said Lot 24, Section 5 bears South 61° 00' 45" East 40.00 feet and North 28° 55' 00" East 381.75 feet; THENCE South 28° 55' 00" West, with the Northwest right-of-way line of South Staples Street, parallel to the original centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 561.88 feet to a 5/8 inch iron rod for a corner of this survey; THENCE North 61° 00' 45" West, leaving said Northwest right-of- way 956.40 feet to a 5/8 inch iron rod for an inside corner of this survey; THENCE South 29° 02' 00" West 1,718.11 feet to the South right-of- way line of an unimproved 40.00 foot wide dedicated roadway for the South corner of this tract; THENCE North 61° 02' 50" West, with the South right-of-way line of said 40.00 foot wide dedicated roadway 1,395.50 feet to the South- easterly right-of-way line of a proposed 75.00 foot wide drainage right- of-way, to the point of curvature of a circular curve to the left, for the West corner of this tract; THENCE along said circular curve to the left, whose radius is 348.81 feet an arc length of 44.00 feet more or less to a point on said Southeasterly right-of-way line; THENCE with said curve to the left, along the Southeast drainage right-of-way, 12.21 feet to a 5/8 inch iron rod for the point of tangency; THENCE North 72° 27' 00" East, with said drainage right-of-way, 308.35 feet to a 5/8 inch Iron rod for the point of curvature of a circular curve to left which has a central angle of 43o 25' 10", a radius of 292.51 feet, a tangent distance of 116.46 feet and an arc length of 221.67 feet; THENCE with said curve to the left, 221.67 feet to a 5/8 inch iron rod for the point of tangency; THENCE North 29° 02' 00" East, with the proposed Southeast 75.00 foot saide drainage right-of-way, 721.38 feet to a 5/8 inch iron rod for the point of curvature of a circular curve to the right which has a central angle of 30° 00' 00", a radius of 746.41 feet, a tangent distance of 200.00 feet and an arc length of 390.82 feet; THENCE, with said curve to the right, 390.82 feet to a 5/8 inch iron rod for the point of tangency; THENCE North 59° 02' 00" East, with the continuation of said 75.00 foot side drainage right-of-way, 716.70 feet to a 5/8 inch iron rod for a corner of this survey; THENCE leaving said drainage right-of-way, South 61° 00' 45" East 280.35 feet to a 5/8 inch iron rod on the common boundary line of said Lots 22, 23 for an inside corner of this survey; THENCE North 29° 02' 00" East, with the common boundary line of Lots 22, 23, 464.25 feet to a 5/8 inch iron rod on the Southwest right-of- way line of said County Road No. 26-A (Timbergate Drive) for the North corner of this survey; THENCE South 61° 00' 45" East, with the Southwest right-of-way line of County Road No. 26-A (Timbergate Drive), parallel to the original centerline thereof and 30.00 feet distant therefrom, measured at right angles thereto, 642.43 feet to a 5/8 inch iron rod for a corner of this survey; THENCE south 61° 00' 45" East, at 20.72 feet pass the common boun- dary line of said Lots 23, 24, in all a distance of 642.99 feet to the POINT OF BEGINNING. The hereinabove 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 terri- tory 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, Texas. 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 an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolu- tion 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 such necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduc- tion and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the R day of August, 1981. ATTEST: ecretary MAYOR APPROVED: iq DAY OF AUGUST, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Lit(.2�G Assistant City -A torney /,/ THE CI Y OF CORPUS CHRISTI, TEXAS ANNEXATION CONTRACT THE STATE OF TEXAS f COUNTY OF NUECES 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 "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 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 hereto and marked Exhibit "A", and being more particularly described as follows, to -wit: FIELDNOTES for 67.99 acres of land out of Lots 22, 23, 24, 26, all of 27 and a portion of 28, Section 5, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41, 42, 43, Map Records of Nueces County, Texas: BEGINNING at a-5/8 inch iron rod on the existing Northwest right- of-way line of South Staples Street for the East corner of this survey from which corner the centerline intersection of said South Staples Street and County Road No. 26-A, being the East corner of said Lot 24, Section 5 bears South 61° 00' 45" East 40.00 feet and North 28° 55' 00" East 381.75 feet; THENCE South 28' 55' 00" West, with the Northwest right-of-way line of South Staples Street, parallel to the original centerline thereof and 40.00 feet distant therefrom, measured at right angles thereto, 561.88 feet to a 5/8 inch iron rod for a corner of this survey; THENCE North 61° 00' 45" West, leaving said Northwest right-of- way 956.40 feet to a 5/8 inch iron rod for an inside corner of this survey; THENCE South 29° 02' 00" West 1,718.11 feet to the South right-of- way line of an unimproved 40.00 foot wide dedicated roadway for the South corner of this tract; Annexation Contract: Crossgate Subdivision Page One of Three THENCE North 61° 02' 50" West, with the South right-of-way line of said 40.00 foot wide dedicated roadway 1,395.50 feet to the South- easterly right-of-way line of a proposed 75.00 foot wide drainage right- of-way, to the point of curvature of a circular curve to the left, for the West corner of this tract; THENCE along said circular curve to the left, whose radius is 348.81 feet an arc length of 44.00 feet more or less to a point on said Southeasterly right-of-way line; THENCE with said curve to the left, along the Southeast drainage right-of-way, 12.21 feet to a 5/8 inch iron rod for the point of tangency; THENCE North 72° 27' 00" East, with said drainage right-of-way, 308.35 feet to a 5/8 inch iron rod for the point of curvature of a circular curve to left which has a central angle of 43o 25' 10", a radius of 292.51 feet, a tangent distance of 116.46 feet and an arc length of 221.67 feet; THENCE with said curve to the left, 221.67 feet to a 5/8 inch iron rod for the point of tangency; THENCE North 29° 02' 00" East, with the proposed Southeast 75.00 -foot side drainage right-of-way, 721.38 feet to a 5/8 inch iron rod for the point of curvature of a circular curve to the right which has a central angle of 30° 00' 00", a radius of 746.41 feet, a tangent distance of 200.00 feet and an arc length of 390.82 feet; THENCE, with said curve to the right, 390.82 feet to a 5/8 inch iron rod for the point of tangency; THENCE North 59° 02' 00" East, with the continuation of said 75.00 foot side drainage right-of-way, 716.70 feet to a 5/8 inch iron rod for a corner of this survey; THENCE leavingsaiddrainage right-of-way, South 61° 00' 45" East 280.35 feet to a 5/8 inch iron rod on the common boundary line of said Lots 22, 23 for an inside corner of this survey; THENCE North 29° 02' 00" East, with the common boundary line of Lots 22, 23, 464.25 feet to a 5/8 inch iron rod on the Southwest right-of- way line of said County Road No. 26-A (Timbergate Drive) for the North corner of this survey; THENCE South 61° 00' 45" East, with the Southwest right-of-way line of County Road No. 26-A '(Timbergate Drive), parallel to the original centerline thereof and 30.00 feet distant therefrom, measured at right angles thereto, 642.43 feet to a 5/8 inch iron rod for a corner of this survey; THENCE South 61° 00' 45" East, at 20.72 feet pass the common boun- dary line of said Lots 23, 24, in all a distance of 642.99 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 boun- daries 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. It is further agreed by and between the parties that as an essen- tial part of the consideration of this Contract, Owner and City will perform the following conditions: Annexation Contract: Crossgate Subdivision Page Two of Three (1) Owner agrees to build a bridge across the 75' drainage right- of-way connecting the future Tawny Drive in Club Estates, Unit 5 with Dovewood Drive. (2) Owner agrees to dedicate and construct one-half of Timbergate Drive along the northmost 642.43' boundary of, and as a part of the subdivision. (3)Owner agrees to include in the final plat of Crossgate Subdi- vision the dedication of the 9.75 -acre park as shown on the final plat approved by the Planning Commission on February 3, 1981. (4) Owner agrees to comply with all provisions of the Platting Ordinance as of the effective date of this annexation. (5) City agrees to commence provision of fire, police, health, sanitation and other usual City services after the effective date of the annexation. (6) City agrees to accept water, sewer, street and drainage faci- lities 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 finding upon the successors 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. TUCKER PROPERTIES By -ATTEST: John T. Tucker CITY OF CORPUS CHRISTI By By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1981. J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Annexation Contract: Crossgate Subdivision Page Three of Three Corpus Christi, Texas 1q day of , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meting of the City Council. Respectfully, Respectfully, MAYO Council Members THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll;wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. 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