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HomeMy WebLinkAbout16589 ORD - 10/07/1981sp;10/6/81;lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND MAURICE HUNSAKER AND HENRY TUCKER, 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 APPROXIMATELY 26.97 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, MORE PAR- TICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EX- TRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Maurice Hunsaker and Henry Tucker are 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 owners are desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on October 7, 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 Article 970a, V.A.C.S., Texas, as amended, for the consideration of institution of pro- ceedings for the annexation of defined area wholly within the extraterri- torial jurisdiction of the City of Corpus Christi, more particularly describ- ed 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 October 7, 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 consti- tutes 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 afore- said lands and territory hereinafter described: MICROF{LMED,. 16589 SEP 27 1984 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 Maurice Hunsaker and Henry Tucker, a true copy of which contract is attached hereto and by this reference incorporated herein for all purposes, including exhibits thereto, as though fully set forth herein, for annexation of land and territory described as follows: Being a tract of land consisting of 26.97 acres of land out of Lots 1 and 2, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas: Beginning at a 1 inch pipe in concrete found at the centerline inter- section of Everhart Road and Cedar Pass Drive for the North corner of said Lot 1, Section 6, and the North corner of this tract; THENCE South 61°02'50° East, along the centerline of Cedar Pass -Drive, with the Northeast line of Lots 1 and 2, Section 6, 1,334.05 feet to a 5/8 inch iron rod found for the North corner of Lot 3, Section 6 and the East corner of said Lot 2 for the East corner of this tract; THENCE South 28°55'40" West, with the common boundary line of said Lot 2 and 3 at 20.00 feet pass the Southwest right-of-way line of Cedar Pass Drive, in all a distance of 880.00 feet for the South corner of this tract; THENCE North 61°02'50° West, 1,335.79 feet to a point on the centerline of Everhart Road, same being the Northwest boundary line of said Section 6 for the West corner of this tract; THENCE North 29°02'30° East, along the centerline of Everhart Road, with the Northwest boundary line of Lot I, Section 6, at 0.36 feet pass a 5/8 inch iron rod set on line for reference, at 873.02 feet pass a 1 inch iron pipe in concrete found on line, in all a distance of 880.00 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 regu- lations 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. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the fact that the above named landowners desire an immediate 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, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regu- lar meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this 7,.,4 day of October, 1981. ATTEST: C. Secretary APPROVED: 7 -DAY-OF OCTOBER, 1981 -/ .44-4e.- 0=— J. Bruce Ay ck, .ty Atjorney THE CITY OF CORPUS CHRISTI, TEXAS mb;9/15/81;lst ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between Maurice Hunsaker and Henry Tucker 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 juris- diction 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 des- cribed as follows, to -wit: —" Being a tract of land consisting of 26.97 acres of land out of Lots 1 and 2, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 4-43, Map Records of Nueces County, Beginning at a 1 -inch pipe in concrete found at the centerline intersection of Everhart Road and Cedar Pass Drive for the North corner of said Lot 1, Section 6, and the North corner of this tract; THENCE South 61° 02' 50" East, along the centerline of Cedar Pass Drive, with the Northeast line of Lots 1 and 2, Section 6, 1,334.05 feet to a 5/8 -inch iron rod found for the North corner of Lot 3, Section 6 and the East corner of said Lot 2 for the East corner of this tract; THENCE South 28° 55' 40" West, with the common boundary line of said Lot 2 and 3 at 20.00 feet pass the Southwest right-of-way line of Cedar Pass Drive, in all a distance of 880.00 feet for the South corner of this tract; THENCE North 61° 02' 50" West, 1,335.79 feet to a point on the center- line of Everhart Road, same being the Northwest boundary line of said Section 6 for the West corner of this tract; C (: THENCE North 29° 02' 30" East, along the centerline of Everhart Road, with the Northwest boundary line of Lot 1, Section 6, at 0.36 feet pass a 5/8 -inch iron rod set on line for reference, at 873.02 feet pass a I -inch iron pipe in concrete found bn line, in all a distance of 880.00 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, 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 the City will perform the following conditions: 1. The developer agrees to construct a 12" A.C.P. water line along.the Everhart Road frontage of this subdivision, plus fire protection as per the City ordinance along Everhart Road. 2. The developer agrees to construct a 12" A.C.P. water line through the proposed Creekway Subdivision in Delwood Street and Prairie Drive to Cedar Pass Drive at the east boundary of the subdivision which will establish a one -mile grid system for the 12" A.C.P. water line. The City will reimburse the developer the difference between 6" and 12" A.C.P. water main in Delwood Street and the difference between 8" and 12" A.C.P. water main in Prairie Drive from Delwood Street to Cedar Pass. 3. The developer agrees to construct a sanitary sewer lift station on Everhart Road near the subdivision on a 60' x 60' site which is to be dedicated to the City. The sanitary sewer lift station will be designed and constructed to pump sewage from this subdivision by force main to an 18" V.C.P. sewer line proposed to be built in the Buckingham Estates Subdivision along the north boundary line. Should the proposed Buckingham Estate system not be completed by the date of completion of the Creekway Subdivision, the developer may, in—addition to the force - main previous required at their cost, pump sewage from the lift station to the existing 12" V.C.P. sewer line in Everhart Road north of Creek - way Subdivision. The lift station wet well shall be designed to serve the area proposed to be served by lift station number 7 indicated on the master sanitary sewer plan. 4. The developer agrees to pay $800 per acre (25.27 acres x $800 per acre = $20,216) to be placed in a fund to develop a permanent sanitary sewer system in the area per the master plan. 5. The developer agrees to construct a sanitary sewer service line to the dedicated park within this subdivision. 6. The developer agrees to construct the east one-half of Everhart Road abutting the proposed subdivision as per the Corpus Christi Urban Transportation Plan. 7. The developer will dedicate 5% of the subdivision for park purposes exclusive of and not including any part of the drainage right-of-way. 8. The developer agrees to enter into a bridge contract for payment of his share of the bridge that will cross the drainage ditch eastward from the proposed Prairie Drive within the subdivision. 9. The City agrees to commence provision of fire, police, health, sani- tation and other usual City services after the effective date of the annexation. 10. The City agrees to accept water, sewer, street and drainage facilities after construction by the developer according to City Matting stan- dards and agrees to maintain such facilities thereafter. 11. Owners hereby agree to waive the statutory requirement of Article 970a, V.A.C.S., as amended, for a public hearing to be held in the area to be annexed. That all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, and shall con- stitute covenants running with the land. WITNESS OUR HANDS, this the day of , 1981. OWNERS: Maurice Hunsaker Henry Tucker ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary APPROVED: DAY OF , 1981: J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant City Attorney By: Ernest Briones,Acting City Manager APPROVED Assistant City Manager Corpus Christi, Texas 7 day of Q%pi,,,i , 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 meeting of the City Council. Respectfully, ouncil Members Respectfully, 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. Kennedy Cliff Zarsky 16589