HomeMy WebLinkAbout16635 ORD - 10/28/1981sp/10/6/81;lst
AN ORDINANCE
ANNEXING THE FOLLOWING TRACT OF LAND: APPROXIMATELY
26.97 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, MORE
PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS
PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED,
AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING
FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
WHEREAS, on the 7th day of October, 1981, a public hearing duly
I
held at the Regular meeting of the City Council, following publication of
the 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 des';
cribed 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 October 7, 1981; and
WHEREAS, owners of the above land 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 parcel or tract of land as set forth in
Exhibit "A" attached, being a copy of annexation contract between the City
of Corpus Christi and Maurice Hunsaker and Henry Tucker, is hereby annexed,
said parcel or tract being more fully described as follows:
Being a tract of Iand 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 I 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`.5° east, along the centerline of Cedar Pass Drive,
with the Northeast Iine 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;
1111 II.IILIt)
16635
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, I,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 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 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 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, Texas,
to all intents and purposes as the present City of Corpus 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. 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 annexation of the aforesaid territory into the corporate limits of the
City of Corpus Christi as rapidly as possible is within the public interest,
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 regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this _2 day of October, 1981.
ATTEST: �,y/�
24.
i tC y Secretary ,40a, " ' ��
APPROVED:2R DAY OF OCTOBER, 1981
J. Bruce Ays'ck, Ci Attorney
MAY
TH CITY OF CORPUS CHRISTI, TEXAS
mb;5/15/81;lst
THE STATE OF TEXAS
COUNTY OF NUECES_
ANNEXATION CONTRACT
•
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 i -inch pipe in concrete found at the centerline
intersection of Everhart Road and Cedar Pass Drive for the Porth
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 Horth corner of Lot 3,
Section 6 and the East corner of said Let 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;
I -x(7 .4
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
873.002 reet pass a 1 -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, iu-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 }ilatting star, -
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
By:
City Secretary Ernest Briones,Acting City Manager
APPROVED:
DAY OF , 1981:
J. BRUCE AYCOCK, CITY ATTORNEY
By:
Assistant City Attorney
APPROVED
Assistant City Manager
Corpus Christi, exas
..Rir 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 tweeting of the City Council.
Respectfully, Respectfully,
Council Members
/ /
THE CITY OF CORPUS CHRISTI, TEXAS
MAYOR
The above ordinance was passed by the foil•wing vote:
Luther Jones 1,
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy 4j
Cliff Zarsky
16635