HomeMy WebLinkAbout16842 ORD - 02/03/1982sp;1/6/82;lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND
ALLIED DEVELOPMENT COMPANY, A TRUE COPY OF WHICH CON-
TRACT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A", AFTER THE NOTICE AND HEARING, FOR
THE ANNEXATION OF A 45.17 ACRE TRACT OF LAND, MORE OR
LESS, OUT OF THE MARIANO LOPEZ de HERRERA GRANT, AB-
STRACT NO. 606, AND BEING A PORTION OF THE SAME LAND
DESCRIBED IN DEED OF RECORD IN VOLUME 272, PAGE 166,
OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, MORE PAR-
TICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS;
FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO;
AND PROVIDING FOR SEVERABILITY.
WHEREAS, Allied Development Company is the 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 owner is desirous of contracting with the City
for the annexation of said territory to the City of Corpus Christi; and
WHEREAS, on January 6, 1982,- 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 proceedings 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 as hereinafter set forth, at which all in-
terested persons were afforded an opportunity to be heard, and by motion
duly made, seconded and carried the said hearing was closed January 6, 1982;
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
provided by the City Charter Article I, Section 2c; and
16842
SEP 2 8 1984
MICROFILM
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 hereinafter 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 Allied Development Company, a true copy of which con-
tract is attached hereto and by this reference incorporated herein for all
purposes, for annexation of land and territory described as follows:
METES AND BOUNDS DESCRIPTION OF 45.17 ACRE TRACT OUT OF THE
F..1. SMITH 225 ACRE TRACT, NUECES COUNTY, TEXAS.
Being a tract of land situated in Nueces Colinty, Texas, North of F.M. Road
No. 624 and East of 1.1. S. Highway NO. 77, containing 45.17 acres, more or
less, out of the Mariano Lopez de Herrera Grant, Abstract No: 606, anc/
being a portion of the same land described in deed of record in Volume 272,
Page 166 of the Deed Records of Nueces County, Texas, and being more
particularly described by metes and bounds as follows, to -wit:
Beginning al a 1 inch irOn bar at the intersection of the westerly boundary line
of the right-of.way of Calallen Drive with the southerly boundary line of the,
right-of-way of Teague Lane, for theNE corner of this tract and the point of
beginning;
THENCE S 07° 30' 18" W, along the westerly boundary line of thc right-of-way
of said Calallen Drive, a distance of 216.87 feet to a point mark -ed by a 5/8 inch
iron -rod set in the westerly boundary line of the right-of-way of said U, S.
Highway No. 77, for an easterly corner of this tract;
THENCE, in a southwesterly direction, along a curve to the -right whose
central angle is 210 25' 15" and whose radius is 2084.08 feet, and along.
the westerly boundary line of the right-of-way of said U.S. Highway No. 77,
a distance of 779.16 feet to a point marked by a 5/8 inch iron rod, for a.ii
easterly corner of this tract;
THENCE S 09° 30' 03" W. along the westerly boundary line of the right-of-way
of said U.S. Highway No. 77, a distance of 401.42 feet to a point marked by
a 5/8 inch -iron rod set at the intersection of the northerly boundary line of the -
right -of -way of said F.M. Read No. 624, for a southerly corner of this tract::
THENCE S 510 48' 55" W, along the northerly boundary line. of the right-of-I.va.y
of said F.M. Road No. 624, a distance of 145.73.feet to a point marked bia.
5/8 inch iron rod for a southerly corner of this tract;
THENCE.' N 84° 57' 40" W, along the northerly boundary line of the right-of-
way of said F. M. Road No.. 624, a distance of 1053.93 feet (Measured 1053.93
feet, deed call 1051.06 feet) to a point marked by a 5/8 inch iron rod for a
southwesterly corner of this tract; •
THENCE .1•1 37° 53' 03" W; along the northerly boundary line of said F_ M. Road
No. 624, a distance- of 136.21 feet to a point marked by a .5/8inch iron rod set in
easterly boundary line of said Wildcat Drive, for a southwesterly corner of this
tract; • •
•
THENCE N 09° 11' 31" E, along the easterly boundary line of said Wildcat Drive;
a distance of 1473. 6 feet to a point marked by -a 1 inch iron bar, for the NW
corner of this tract;
THENCE S 800 39' 05" E, along the southerly boundary line of Teague •
Lane, a distance of 1391. 04 feetto the point of beginning, and containing
45.17 acres of land, more or less.
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.
ANNEXATION CONTRACT
THE STATE OF TEXAS 1
t.:OUNTY OF NUECES
This Contract and Agre.errient made, and entered into in duplica.te originals
by and between ADC Development Corporation called "Owners", 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,
situa.ted in Nueces County, Texas, hereinafter called "City". Tor good and
valuable consideration in hand received by the parties respectively and upon
the covenants and conditions hereafter stated.
WITNESSETH:
The Owners are owners 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 Corptxs Christi, lying wholly within the extraterritorial .
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 -pit:
••.
METES AND BOUNDS DESCRIPTION OF 45.17 ACRE TR.ACT OUT OF THE
F. J. SMITH 225 ACRE TRACT, NUECES COUNTY, TEXAS.
Being a tract of la.ncl situated in Nueces County, Texas, North of F.M. Road
No. 624 and East of U.S. Highway Nd. 77, containing 45.17 acres, more or ,
less, out of the Mariano Lopez de Herrera Grant, Abstract No. 606, and
being a portion of the same land described in deed of record in Volume 272„
Page 166 of the Deed Records of Nueces County, Texas, and being more
particularly described by metes and bounds as follows, to -wit:
Beginning al a inch irim bar at the intersection of the westerly boundary line
of the right-of-way of Calallen Drive with the southerly boundary line of the
right-of-way of Teague Lane, for the NE corner of this tract and the point of
beginning;
THENCE S 07° 30' 18" W, along the westerly boundary line of the. right-of-way
of said Calallon Drive, a distance of 216.87 feet to a point marked by a 5/8 inch
iron rod set in the westerly boundary line of the right-of-way of said U. S.
Highway No. 77, for an easterly corner of this tract;
THENCE, in a southwesterly direction, along a curve to the'right whose
-:ntral angle is 210 25' 15" and whose. radius is 2084. 08 feet, and along.
westerly 'boundary line of the right-of-way of said U:S....HighWay No. 7
a distance of 779.16 feet to a point marked by a 5/8 inch iron rod, for an
easterly corner of this tract;
THENCE S 09° 30' 03" W. along the westc:rly boundary line of the right-of-way
of said U.S. Highway No. 77, a distance of 401.42 feet to a point marked by
a 5/8 inch iron rod set at the intersection of the northerly boundary line of the -
right -of -way of said F. M. Read No. 624, for a southerly corner of this tract;
THENCE S 510 48' 55" W, along the northerly boundary line of the right -of -way -
of said F. M. Road No. 624, a distance of 145.73.feet to a point marked by. a -
5/8 inch iron rod for a southerly corner of this tract;
THENCE N 840 57' 40" W, along the northerly boundary line of the right -of: -
way of said F. M. Road No. 624, a- distance of 1053.93 feet (ritea.sured 1053.93
feet, deed call 1051.06 feet) to a point marked by a 5/8 inch irOn rod for a .
southwesterly corner of this tract; •
THENCE N 370 53'.03" W, along the northerly boundary line of said P.M. Road
No. 624, a distanceof136.21 feet to a point marked by a .5/8inch iron rod set in
easterly boundary line of said Wildcat Drive, for a southwesterly corner of this
tract;
THENCE N 09° 11' 31" E, along the easterly boundary line of said Wildcat Drive:
a distance of 1473:6 feet to a point marked by.a 1 inch iron bar, for the NIV "
corner of this tract;
THENCE S 80° 39' 05" E, along the 'southerly boundary line of Teague
Lane, a distance of 1391. 04 feet to the point of beginning, and containing
45.17 acres of land, more or less.
It is agreed by and between the parties hereto that the abovedescriberl 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 ate terms
of Article 1, 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, Owners and City will perforrn the following .
conditions:
J. Owner agrees to make a cash payment in the amount of $60, 980 equal to 2.26
acres of land required for park purposes.
.2. Owners agree to construct an S" A. C. P. water line in Wildcat Drive from the
..8" A. C. P. water line in- MagUC Lane southward to the existing 16" /LC. P.:
water line in F. M. 624.
3. Owners agree to connect the bubble up storm sewer structure near Teague -
Lane and U.S. Highway 77 with an adequate storm sewer approved by the Department
of Engineering and Physical Development and extend said stormsewer to the
north ditch line of M. 624. Further the owners agree to provide in cash to thE.-
City within 10 days of the annexation ordinance approval (last reading) $200, 000.0C
to be used by the City to acquire and construct temporary drainage facilities. at:
approved by the City Council on January 20, 1982_ In connaction with the ciraiaa6:e
of the 45.17 acre tract, Owners and City have agreed and do hereby agree as
follows:
(a)
The drainage facilities to be constructed by the City, both temporary and
permanent, shall be so designed and constructed such that the 45.17 acre
tract can be drained in accordance with the requirements of the City Platting
Ordinance without any fill of such 45.17 acre tract by Owners.
(b) Upon receipt of such $200, 000. 00 from Owners, City shall proceed promptly
to acquire the right-of-way for and to construct the temporary drainage
facilities necessary to drain such 45.17 acre tract. The right-of-way
acquisition is estimated to take from three (3) to six (6) months and the
construction of such temporary drainage facilities will commence upon
completion of the right-of-way acquisition.
(c) All construction performed and improvements installed by Owners on the
45.17 acre tract prior to the completion of such temporary drainage
facilities by the City shall be at Owners' risk.
4. Owners agree to construct an 8" sanitary sCwer line along the north side of
F. M. 624 from U.S. Highway 77 to a point located approximately 350 feet East
of the center line of Wildcat Drive.
5. Owners agree to dedicate additional right-of-way along the south side of
Teague Lane at Calallen Road, such additional right-of-way conforming to
the Corpus Christi Urban Transportation Plan Intersection Widening
Specifications type "C".
6. Owners agree to pay either 1-1/2 times the present assessment rate for Wildcat
Drive and Teague Lane or the assessment rate which is in effect at the time
of reconstruction of such streets, whichever is higher. Such payment shall be
made by Owners to City at such time as reconstruction of such streets is
completed.
7. Owners agree to comply with all provisions of the Platting Ordinance as of the
effective date of this annexation with respect to all on-site improvements only.
S. City agrees to commence provision of fire, police, health, sanitation and other
usual City services after the effective date of annexation.
9. City agrees to accept water, sewer, street and drainage facilities after con-
struction by owner according to City platting standards and agrees LO maintain
such facilities thereafter.
10. 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.
11. City agrees that if Owners: (a) timely deliver the $200, 000.00 provided for in
paragraph 3 above; (b) deliver to the City a Letter of Credit in the amount of
$ 130, 000. 00 assuring completion by Owners of the improvements required
under the terms of this Contract as well as the on-site improvements required
under the terms of the Platting Ordinance; and (c) furnish construction plans
for the improvements to be constructed on such 45.17 acre tract meeting the
approval of the Department of Engineering and Physical Development; then
City will execute and file the plat of such 45.17 acre tract so that a building
permit may be issued thereby permitting Owners (and its successors, grantees,
and assigns) to commence construction of the buildings and other improvements
to be constructed on the tract by Owners (and its successors, grantees, and
assigns) contemporaneously with the commencement of construction of the
water lines, sewage facilities and drainage facilities to be constructed by
Owners or City in order to serve such tract.
It is further agreed that all of the above conditions shall be binding upon the
successors and assigns of the said Owners and each of them, and shall constitute
covenants running withthe land.
WITNESS OUR HANDS, this the day of 1982.
ATTEST: ADC DEVELOPMENT CORPORATION
*Secretary
ATTEST:
City Secretary
APPROVED:
DAY OF.
J. BRUCE AYCOCK, CITY ATTORNEY
Robert W. Barnes
Vice President
City Manager
, 1982:
By By
Assistant City Attorney Assistant City Manager
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That the foregoing ordinance vs read fo he first time Awd passed to its
second reading on this the 42 day o , 190 , by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
'Cliff Zarsky
That the foregoing ordinance ws read for
third reading on this the Li day of
following_vote:
__Luther Jones
Betty N. Turner
Jack- K. Dumphy
Bob -Gulley
Herbert L. -Hawkins, Jr.
-Dr. Charles W. Kennedy
Cliff Zarsky
-
That the foregoi g o dinance
on this the day of r d for the-thOir time and passed finally
96 , by the following vote:
-
passed to its
, by the
,- Luther Janes -
Betty N. -Turner --
Jack- K. Dumphy
Bob Gulley-.
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
- Cliff Zarsky
PASSED AND APPROVED, this the 3.11 day of
ATTEST:
MAYO (47
HE CITYOF CORPUS CHRISTI, TEXAS
16842
MOTION
moved and
seconded the motion that the contract of annexation between the City of
Corpus Christi and Allied Development Company, authorized by ordinance
read on the first two of three readings on January 6, 1982 and January 13,
1982, concerning annexation of a 45.17 -acre tract out of the F. J. Smith
225 -acre tract, Nueces County, Texas, be amended prior to the thif-d-and
final reading by making the following changes:
A. Amend paragraph 3 to hereafter read as follows:
3. Owners agree to connect the bubble up storm sewer structure near Teague
Lane and IL S. Highway 77 with an adequate storm sewer approved by the Department
of Engineering and Physical DeVeloprnent and extend said storm sewer to the
north clitch.line of F. M. 624. Further the owners agree to provide in cash to the
City within. 10 days of the annexation ordinance approval (last reading) $200,000.00
to be used by the City to acquire and construct.temporary drainage facilities:as
approved by the City Council on Janua.ry 20, 1982. In connection with the erainage '
of the 45.17 acre tract, Owners and City have agreed and do hereby agree as
fo/lows:
(a) The drainage facilities to be constructed by the City, both temporai-y and :
'permanent, shall be so designed and constructed such that the 45.17 acre
tract can be drained in accordance with the requirements of the City Platting
Ordinance without any fill of such 45.17 acre tract by Owners.
(b) Upon receipt of such $200,000.00 from Owners, City shall proceed promptly
to acquire the right-of-way for and to construct the temporary drainage
facilities necessary to drain such 45.17 acre tract. The right -of. -way
acquisition is estimated to take from three (3) to six (6) months and.the
construction of such temporary drainage facilities will commence upon
completion of the right-of-way acquisition.
)
All construction performed and improvements installed by Owners on the
45.17 acre tract prior to the completion of such temporary drainage "
facilities by the City shall be at Ownersrisk.
•
B. Amend paragraph 4 to hereafter read as follows:
Owners agree to construct an EP' sanitary sewer line along the north side of
F. M. 624 from U.S. Highway 77 to a point located approximately 350 feet East
of the center line. of Wildcat Drive.
C. Amend paragraph 6 to hereafter read as follows:
6. Owners agree to pay either 1-1/2 times the present assessment rate for Wildcat
Drive and Teague Lane or the assessment rate which is in effect at the time:
of reconstruction of such streets, whichever is higher. Such payment shall be
made by Owners to City at such time as reconstruction of such streets is
completed.
4,7••• •
D. Amend paragraph 7 to hereafter read as follows:
7. Owners agree to comply with all provisions of the Platting Ordinance as of the
effective date of this annexation with respect to all on-site improvements only.
E. Amend paragraph 11 to hereafter read as follows:
11. City agrees that if Owners: (a) timely deliver the $200,000.00 provided for in
paragraph 3 above; (b) deliver to the City a Letter of Cre.dit- in the amount of
$ 160, 000. 00 assuring completion by Owners of the improvements required
under the terms of this Contract as well as the on-site imprrivements required
under the terms of the Platting Ordinance; and (c) furnish construction plans -
for the improvements to be constructed on such 45.17 acre tract meeting the
approval of the Department of Engineering and Physical Development; then
City will execute and file the plat of such 45.17 acre tract so that a building
permit may be issued thereby permitting Owners (and its successors, grantees,
and assigns) to commence construction of the buildings and other improvements
to be constructed on the tract by Owners (and its successors, grantees, and
assigns) contemporaneously with the commencement of construction of the
water lines, sewage facilities and drainage facilities to be constructed by
Owners or City in order to serve such tract.
PASSED c2 - 3 2.-