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
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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