HomeMy WebLinkAbout16869 ORD - 02/17/1982jkh:2-17-82;lst
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS
CHRISTI AND CANDY STICK CORPORATION, A TRUE COPY
OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A '
PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING
EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, \
AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION
OF APPROXIMATELY 74.94 ACRES OF LAND OUT OF THE
FLOUR BLUFF & ENdINAL FARM AND GARDEN TRACTS, MORE
PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS;
FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, TEXAS, ADJOINING, CONTIGUOUS AND ADJACENT
THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING
AN EMERGENCY.
WHEREAS, Candy Stick Corporation is owner in fee simple of the
hereinafter particularly described tract or parcel of land adjoining, con-
tiguous 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 February 17, 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 '
interested persons were afforded an opportunity to be heard, and by motion
duly made, seconded and carried the said hearing was closed February 17,
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 con-
stitutes lands and territories subject to contractual annexation as provided
by the City Charter Article I, Section 2c; 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 lands and territory hereinafter described:
168G9
SEP 281984
MICROFILMED
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 Candy Stick Corporation, a true copy of which contract is
attached hereto and by this reference incorporated herein for all purposes,
7
including exhibits thereto, as though fully set froth herein, for annexation
of land and territory described as follows:
FIELDNOTES for 74.94 acres of land out of Lots 12, 2, 14 and
15, Section 26, Flour Bluff & Encinal Farm & Garden Tracts,
Nueces County, Texas:
BEGINNING at a 5/8",iron rod set at the intersection of the
North boundary of County Road 26, with the East boundary
of said Lot 14 for the Southeast corner of this tract, from
which corner a 5/8" iron rod set at the Southeast corner
of said Lot 14, bears South 290 02 30" West, 20.0 feet;
THENCE North 61° 00' 40" West, along the North boundary of
said County Road No. 26, parallel to the centerline thereof
and 20 feet distant therefrom, measured at right angles
thereto, 1,164.24 feet to the East boundary of Rodd Field
Road,_for the Southwest corner of this tract;
THENCE North 2° 26' 00" East, along the East boundary of
Rodd Field Road, 223.59 feet to an angle point in said East
boundary;
THENCE continuing along the East boundary of Rodd Field Road,
parallel to the centerline of the existing cOncrete pavement
and 60 feet distance therefrom measured at right angles thereto
North 29° 00' 00" East 1,847.40 feet and North 29° 16' 50"
East, 339.08 feet to an angle point on said East boundary;
THENCE North 56° 08' 40" East, continuing along said East
boundary, at 4.44 feet pass a broken concrete right-of-way
marker, at 228.81 feet pass a concrete right-of-way marker
in all a distance of 240.71 feet to the South boundary of
a 40 lot county road for the Northwest corner of this tract;
THENCE South 61° 03' 50" East, along said South boundary
parallel to the centerline of said 40 foot county road which
is also the North boundary of said Lots 1 and 2 and 20 feet
distant therefrom measured at right angles thereto, 1,148.24
feet to the East boundary of said Lot 2 for the Northeast
corner of this tract, from which corner a 1" iron pipe bears
North 28° 45' 35" East, 40.0 feet;
THENCE South 28° 45' 35" West, along a fence on the East
boundary of said Lot 2, at 355.0 feet pass the Southwest
corner post of said fence in all a distance of 1,300.82
feet to a 5/8" iron rod set at the common corner of Lots
2, 3, 13 and 14, Section 26 for an angle point in the East
boundary of this tract, from which point a 3/4" iron rod in
concrete bears South 60° 58' 20" East, 3.76 feet;
THENCE South 29° 02' 30" West, along the East boundary of
said Lot 14, at 1,288.29 feet found a channel bar in
concrete online, in all a distance of 1,300.92 feet to
the POINT OF BEGINNING.
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The above described land, subject to execution of said contract
and adoption of annexation ordinance, will be admittedinto 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 regula-
tions 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 this y'2 day of February, 1982.
ATTEST:
Secretary MAY
APPROVED:
/7 DAY OF FEBRUARY, 1982:
J. BRUCE COCK, CITY ATTORNEY
By
Assistant
ity
rney
THE rTY OF CORPUS CHRISTI, TEXAS
ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This Contract and Agreement•made and entered into in duplicate originals
by and between Candy Stick Corporation, hereinafter 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, 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 Owners are owners in fee simple and o,f 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 corporate limits, generally delineated on the map attached hereto and
marked Exhibit "A", and being more particularly described as follows, to -wit:
FIELDNOTES for 74. 94 acres of land out of Lots 1, 2,14 and 15, Section 26,
Flour Bluff & Encinal Farm & Garden Tracts, Nueces County, Texas:
BEGINNING at a 5/8" iron rod set at the intersection of the North boundary
of County Road 26, with the East boundary of said Lot 14 for the Southeast
corner of this tract, from which corner a 5/8" iron rod set at the Southeast
corner of said Lot 14, bears South 29° 02' 30" West, 20.0 feet;
THENCE North 61° 00' 40" West, along the North boundary of said County
Road No. 26, parallel to the centerline thereof and 20 feet distant therefrom,
measured at right angles thereto, 1,164.24 feet to the East bbundary of Rocld
Field Road, for the Southwest corner of this tract;
THENCE North 2° 26' 00" East, along the East boundary of Rodd Field Road,
223.59 feet to an angle point in said East boundary;
THENCE continuing along the East boundary of Rodd Field Road, parallel to
the centerline of the existing concrete pavement and 60 feet distant therefrorn
measured at right angles thereto North 29° 00 00" East 1,847. 40 feet and
North 29° 16' 50" East 339.08 feet to an angle point on said East boundary;
THENCE North 56° 08' 40" East, continuing along said East boundary, at
4.44 feet pass a broken concrete right-of-way marker, at 228. 81 feet pass
a concrete right-of-way marker in all a distance of 240.71 feet to the South
boundary of a 40 foot county road for the Northwest corner of this tract;
. . • „ . -
THENCE South 61° 03 50" East, along said South boundary parallel to the
centerline of said 40 foot county road which is also the North boundary of said.
Lots 1 and 2 and 20 feet distant therefrom measured at right angles thereto,
1,148.24 feet to the East boundary of said Lot 2 for the Northeast corner of
this tract, from which corner a 1" iron pipe bears North 280 45' 35" East,
40. 0 feet; .
THENCE South 28° 45' 35" West, along a fence on the East boundary of said
Lot 2, at 355.0 feet pass the Southwest corner post of said fence in all a
distance of 1,300. 82 feet to a 5/8" iron rod set at the common corner of Lots
2, 3, 13 and 14, Section 26 for an angle point in the East boundary of this
tract, from which point a 3/4" iron rod in concrete bears South 600 58' 20"
East, 3.76 feet;
THENCE South 29° 02' 30" West, along the East boundary of said Lot 14, at
1,288.29 feet found a channel bar in concrete on line, in all a distance of
1,300. 90 feet to the POINT OF BEGINNING.
It is agreed by and between the parties hereto that the abovedescribed 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 dedicate 3.75 acres of land for park purposes.
2. Owner agrees to dedicate additional right-of-way along the north side of County
Road 26-A and construct one-half the street improvements including curb,
gutter, drainage and sidewalks. •
3. Owner agrees to install a 15" diameter sanitary sewer system such that the
trunk line extension from the northeast boundary of the subdivision to lift
station 010 (Greenfields by the Bay) will be adequate to serve the area per
the Master Sanitary Sewer Plan, intended to be served south of lift station
#10. The City will pay the Developer for such offsite extension not to
exceed $35, 000 provided Developer constructs at Developer's expense a
10 -inch overdepth sanitary sewer line of approximately 2, 500 L. F. in
length through the proposed subdivision to serve property abutting the
proposed subdivision above elevation 15 feet immediately south of County -
Road 26-A.
The owner agrdes to pay $800.00 per acre to be placed in a fund to develop
pertnane Tit sanitary sewer system in the area per the master plan. Payment
tor the 74.94 acres shall be broken down as follows: 45 acres x $800.00 =
$36, 000 shall be paid within 30 days of annexation ordinance approval - last -
reading. The remaining 29. 94 acre s x $800. 00 = $23, 952 shall be paid prior.
to a plat of such area being filed for record at the Nueces County Courthouse.
5. Owner agrees to comply with all provisions of the Platting Ordinance as of the
effective date of this annexation.
6. Owner agrees to install a 12" water line with the required fire hydrants from
the existing 12' water line in Rodd Field Road south to the most southerly
corner of the subdivision and construct other water lines in accordance with the
water distribution standards of the Platting Ordinance.
7. Owner hereby agrees to waive the statutory requirement of Article 970a,
V. A. C. S., as amended, for a public hearing to he 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 Owners and each of them, and shall con-
stitute covenants running with the land.
WITNESS OUR HANDS, this the day of , 1982.
ATTEST: C D STICK CORPORATION
-Secr,etayy 7
Roger S aman
President
ATTEST:
City Secretary
.APPROVED:
DAY OF , 1982:
J. BRUCE AYCOCK, CITY ATTORNEY
City Manager
By By
Assistant City Attorney Assistant City Manager
Corpus Christi, Texas
/ 7 day of 1982
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
MAY
.44 I
, • -
THE CITArCORPUS CHRISTI, TEXAS
The above ordinance was passed by the fol'wingvote:
Luther Jones OF:
Betty N. Turner 1._
Jack K. Dumphy Or
Bob GuTley 0
Herbert L. Hawkins, Jr. 11 ,
Dr. Charles W. Kennedy if
Cliff Zarsky ,
16889