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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. 0 -2- 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