HomeMy WebLinkAbout16861 ORD - 02/10/1982AN ORDINANCE
ANNEXING THE FOLLOWING TRACT OR PARCEL OF LAND: 45.17
ACRE TRACT OF LAND, 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, MORE PARTICULARLY DESCRIBED HEREINAFTER
BY METES AND BOUNDS, PURSUANT TO ARTICLE 970a, V.A.M.,
TEXAS, AS AMENDED, AND THE CITY CHARTER, ARTICLE I, '
SECTION 2(b); PROVIDING FOR SEVERABILITY;' AND DECLARING
AN EMERGENCY.
WHEREAS, on the 6th day of January, 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, pur-
suant to Article 970a, V.A.C.S., Texas, as amended, for consideration of
institution 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 January 6, 1982;
and
WHEREAS, owners of the above lands 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 aforesaid
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 tract or parcel of land as set forth in
Exhibit "A" attached, being a copy of annexation contract between the City
of Corpus Christi and Allied Development Company is hereby annexed, said
parcel or tract being more fully described as follows:
.168Gi
SEP 2 8 1984
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METES AND BOUNDS DESCRIPTION OF 45.17 ACRE TRACT OUT OF THE
F. 3. SMITH 225 ACRE TRACT, NUECES COUNTY, TEXAS_
Being a tract of la.nel situated in Nueces County, Texas, North of F.M. Road
No. 624 and East of U.S. Highway Nei. 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 De.ecl Records of Nue.ices County: Texas, and being more
particularly described by metes and bounds as follows, to -wit:
Beginning at a 3 inch irtm bar at the intersection of the westerly boundary line
of the right -of .way of CalaIlea 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 thc right-of-way.
of said Calalien 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 sonthwesterly 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 an
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. Road No. 624, for a southerly corner of this tract.
THENCE S 51° 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 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 N 370 53' 03" W, along the northerly boundary line of said FM. Road
No. 624, a distance -of 136.21 feet to a point marked by a .5.18inch 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 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.
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, subdivlsion, 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 need for
efficient administration of City affairs by the annexation of the aforesaid
tract or parcel of land, 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 /C2F.C3 , 1982.
ATTEST:
Ci Secretary
AraVDEDAY OF FEBRUARY;1982:
J. BRUCE AYCOCK, CITY ATTORNEY
By /),)114Q
MAYOR
T E CIT OFF CORPUS CHRISTI, TEXAS
"
ANNEXATION CONTRACT
THE STATE OF TEXAS 1
t.:OUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate onals
by and between ADC Development Corporation called "Owners", and the City
of Corpus Christi, Texas, a home -rule cal/of more than 200, 600 popula.tion,
a municipal cOrporation and body politic under the laws of the State of Texas,
situated in Nueces County, Texas, hereinafter called "City", Tor good and
valuable con.sicleration in hand received by the parties respectively and upon
the covenants and conditions hereafter stated.
WITNESSETH:
The Owners are owners in fee simpleand 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 .
jurisdiction of said city, and in whole or in part, within three hundred
(300 ) feet of the City's present corpora.te.limits, generally delineated ori
the map attached hereto and marked Exhibit "A", a.nd bein.g more particula.rly
described as follows, to -wit:
METES AND BOUNDS DESCRIPTION OF 45.17 ACRE TRACT OUT OF THE.
F. J. SMITH 225 ACRE TRACT, NUECES COUNTY, TEXAS_
Being a tract of land situated in Nueces County, Texas, North of F.M. Road
No. 624 and East of U.S. Highway NO. 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 be.ing more
partictdarly 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 the'NE corner of this tract and the point of
beginning; _ -
THENCE S 07° 30' 18" W, along the westerly boundary line of tinc right-of-way
of said Calallen Drive, a distance of 216.87 feet to a point marked by a 518 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 21° 25' 15" and whose radius is 2084. 08 feet, and a.long,
the westerly boundary line of the right-of-way of said U.S: Highway No.
a distance .of 779.16 feet to a point marked by a 5/8 inch iron rod; fox- 'aa
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. Road No. 624, for a southerly corner of this tract;,
THENCE S 51° 48' 55" W, along the northerly boundary line of the right -of -way -
of said FM. Road No. 624, a distance of 145.73.feet to a point marked by.a.
5/3 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 ii6rx rod for a
southwesterly corner of this tract;
THENCE 'DI 370 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 irt
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 80° 39' 05" E, along the southerly boundary line of Tea -81-m
Lane, a distance of 1391. 04 feet to the point of beginning, ancl containing
45.17 acres of land, more or less. • • .
I1 is agreed by and between the parties hereto that the a.bovedescribecl 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, Owners and City will perform the following .
conditions:
1. 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 3" A. C. P. water line in Wildcat Drive from the
8" A. C. P. water line in -Teague Lane southward to the existing 16" JLC. 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 storm sewer to the
north ditch line of F. M. 624. Furthc:r the owners agree to provide in cash to the
City within 10 days of the annexation ordinance approval (last reading) $200,000.0,
to be used by the City to acquire and construct.temporary drainage facilities. as
approved by the City Council on January 20, 1982. In connection with the :Irainage
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 tempora'ry
permanent, shall be so designed and constructed such that the 45.17 a..
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.
(h) 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 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.
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.
8. 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 to maintain
such facilities thereafter.
10. Owners hereby agree to waive the statutory requirement of Articie 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
AT
City Secretary
APPROVED;
DAV OF,
-Of
Robert W. Barnes
Vice President
City Manager
, 1982:
3. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
ins
t4.
p.
SCALE 1' 400.
•or
••••
G. FARMS CR;
AL.31,1
,
Corpus Christi, T as
/12 day o , 198e.
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; 1/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
The above ordinance
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
0#
ler Aey
THE FY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
16861