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HomeMy WebLinkAbout16773 ORD - 12/23/1981Sp;1 Z/22/.31, 1 Vi. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT°BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND INVESTMENT CORPORATION AND CANDYSTICK CORPORATION, A JOINT VENTURE, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 5.94 ACRE TRACT OF LAND, MORE OR LESS, OUT OF BLOCK 27B OF PADRE ISLAND -CORPUS CHRISTI ISLAND FAIRWAY ESTATES AS SHOWN ON MAP. OF RECORD IN VOLUME 46, PAGES 208, 209, AND 210, NUECES COUNTY MAP RECORDS, NUECES COUNTY, TEXAS, MORE PARTICULARLY DES- CRIBED HEREINAFTER BY METES AND BOUNDS; FINDING ALL ' OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITOR- IAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOIN- ING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, Padre Island Investment Corporation and Candystick Corporation, a joint venture, are the owners in fee simple of the herein- after particularly described tract or parcel of land adjoining, contiguous and adjacent to the City of Corpus Christi and wholly within its extraterri- torial 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 December 23, 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 insti- tution of proceedings for the annexation of defined area wholly within the extraterritorial jurisdiction of the City of Corpus Christi, more particu- larly described 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 December 23, 1981; and WHEREAS, it has been determined by the City Council that the territory within said tract or parcel of land, now proposed to he annexed, abuts and is contiguous and adjacent to the City of Corpus Christi and constitutes lands and territories subject to contractual annexation as provided by the City Charter Article I, Section 2c; and 16773 SEP 28M iv 0 LMED WHEREAS, it has be n determined that it would be advantageous to the City and to its citizens and in the public interest to annex the aforesaid la Is and territory hereinafter described: NO , THEREFORE, BE OF CORPUS CHRISTI, TEXAS: SECTION\ 1. That is hereby authorize and dire of Corpus Christi anis Padre I Corporation, a joint venture, IT ORDAINED BY THE CITY COUNCIL OF THE CITY he City Manager of the City of Corpus Christi ted to execute a contract between the City land Investment Corporation and Candystick a true copy of which contract is attached hereto and by this eference incorporated herein for all purposes; for -- annexation of land and territ ry described as follows: A 5.94 acre tract of land out of Block 27B of Padre Island - Corpus Chri ti - Island Fairway Estates as shown on map of record in Volume 46, Pages 208, 209 and 210, Nueces County Map Records, Nueces County, Texas, consisting of two apparent portions wit I one point in common and further described by metes and bounds as follows: COMMENCING at a\point, the Northernmost West corner of said Block 27B; THENCE South O1°15'30" West, a distance of 173.27 feet to the point of begi nnii rrg THENCE South 40°53'36" East, a distance of 341.30 feet to the common point-betwe;n the two aforementioned apparent portions of this tra �; THENCE Sout 75°13'30" 75°13'30" East, a point on the West right-of-way Island Dr/ve) for i corner; THENCE South 01°1630" West along line of Ark Road o. 22, a distance for a corner; distance of 330.00 feet to a line of Park•Road No. 22 (Padre the said West right-of-way of 416.00 feet to a point THENCE North 47°11'01" West, a distance of 288.22 feet to a point for a c rner; THENCE North 1 °42'39" West, a distance of 285.11 •feet to the aforementioned com'eon point between the two apparent portions of the tract; THENCE North 7°22'42" West, a distance of 34.55 feet to a point for a corner;/ THENCE South/17°02 for a corned; THENCE Wort for a corne THENCE Sout for a corne 85°5 17°09 THENCE Sout 64°0 for a corners; '40" West, a distance of 175.83 feet to a point '20" East, a distance of 33.92 feet to a point '10" East, a distance of 113.30 feet to a point '50" West, a distance of 305.20 feet to a point THENCE North 33°03'10" West, a distance of for a corner; THENCE South 48°53'00" West, a distance of for a corner; THENCE North 51°50'50" West, a distance of for a corner; THENCE 06°18'10" East, a distance of for a corner; 153.25 feet to a point 90.87 feet to a point 94.30 feet to a point 165.70 feet to a point THENCE North 04°22'22" West, a distance of 235.54 for a corner; THENCE North 84°36'00" East, a distance of 129.38 for a corner; THENCE South 33°29'35" East, a distance of 367.30 for a corner; feet to a point feet to a point feet to a point THENCE North 85°58'20" East, a distance of 48.27 feet to a point for a corner; THENCE North 17002'40" East, a distance of 182.24 feet to a point for a corner; THENCE North 87°22'42" West, a distance of 18.55 feet to a point for a corner; THENCE North 24°32'29" West, a distance of 314.16 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 regulations 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 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, 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 measure this the day of December, 1981. ATTEST: Cy Secretary MAYOR THE CI Y OF CORPUS CHRISTI, TEXAS APPROVED: 2i3 DAY OF DECEMBER, 1981 J. BRUCE AYCOCK, CITY ATTORNEY Assistant City rney ANNEXATION CONTRACT THE STATE OF TEXAS COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between Padre Island Investment Corporation and Candystick Corporation, a joint venture, authorized to do business in the State of Texas, hereinafter called "Owner", and the City of Corpus Christi, Texas, a home -rule city of more than 200,000 population, a munici- pal 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: The Owner is owner in fee simple and of all existing right, title and interest 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:' A 5.94 acre tract of land out of Block 27B of Padre Island - Corpus Christi - Island Fairway Estates as shown on map of record in Volume 46, Pages 208, 209 and 210, Nueces County Map Records, Nueces County, Texas, consisting of two apparent portions with one point in common and further described by metes and bounds as follows: COMMENCING at a point, the Northernmost West corner of said Block 27B; THENCE South 01°16'30" West, a distance of 173.27 feet to the point of beginning; THENCE South 40°53'36" East, a distance of 341.30 feet to the common point between the two aforementioned apparent portions of this tract; THENCE South 75°13'30" East, a distance of 330.00 feet to a point on the West right-of-way line of Park Road No. 22 (Padre Island Drive) for a corner; THENCE South O1°16'30" West along the said West right-of-way line of Park Road No. 22, a distance of 416.00 feet to a point for a corner; THENCE North 47°11'01" West, a distance of 288.22 feet to a point for a corner; THENCE North 17°42'39" West, a distance of 285.11 feet to the aforementioned common point between the two apparent portions of the tract; THENCE North 87°22'42" West, a distance of 34.55 feet to a point for a corner; THENCE South 17°02'40" West, a distance of 175.83 feet to a point for a corner; THENCE North 85°58'20" East, a distance of 33.92 feet to a point for a corner; THENCE South 17°09'10" East, a distance of 113.30 feet to a point for a corner; THENCE South 64°01'50" West, a distance of 305.20 feet to a point for a corner; THENCE North 33°03'10" West, a distance of 153.25 feet to a point for a corner; THENCE South 48°53'00" West, a distance of 90.87 feet to a point for a corner; THENCE North 51°50'50" West, a distance of 94.30 feet to a point for a corner; THENCE 06°18'10" East, a distance of 165.70 feet to a point for a corner; THENCE North 04°22'22" West, a distance of 235.54 feet to a point for a corner; THENCE North 84°36'00" East, a distance of 129.38 feet to a point for a corner; THENCE South 33°29'35" East, a distance of 367.30 feet to a point for a corner; THENCE North 85°58'20" East, a distance of 48.27 feet to a point for a corner; THENCE North 17°02'40" East, a distance of 182.24 feet to a point for a corner; THENCE North 87°22'42" West, a distance of 18.55 feet to a point for a corner; THENCE North 24°32'29" West, a distance of 314.16 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 essential part of the consideration of this Contract, Owner and City will perform the following conditions: 1. The City agrees to commence provision of fire, police, health, sanitation and other usual City services after the effective date of the annexation. 2. Owners hereby agree to waive the statutory requirement of Article 907a, V.A.C.S., as amended, for a public hearing to be held in the area to be annexed. It is further agreed that all of the above conditions shall be binding 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 198 ATTEST: Owner: PADRE ISLAND INVESTMENT Secretary Gene Graham, President ATTEST: CANDYSTICK CORPORATION Secretary Roger Seaman, President ATTEST CITY OF CORPUS CHRISTI City Secretary Ernest M. Briones APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY Acting City Manager By By Assistant City Attorney Tom Utter Assistant City Manager cUo Corpus Christi, Texas 473 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 meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITOF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16773