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HomeMy WebLinkAbout16926 ORD - 03/10/19823-9-82 '7 AN ORDINANCE ANNEXING THE 74.94 ACRE COUNTY? CREEK SUBDIVISION SITUATED BETWEEN SARATOGA BOULEVARD AND COUNTY ROAD 26A; AND DECLARING AN EMERGENCY. WHEREAS, on the 17th day of February, 1982, public hearing was duly held at the regular 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 consideration of institution of proceedings for the annexation of a parcel or tract of land more fully described hereinafter, in Nueces County, Texas, 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 on February 17, 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 Candy Stick Corporation is hereby annexed, said parcel or tract being more fully described as follows: 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 deg. 02'30" West, 20.0 feet; THENCE North 61 deg. 0040" 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 deg. 2600" 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 therefrom measured at right angles thereto North 29 deg. 0000" East 1,847.40 feet and North 29 deg. 16' 50" East, 339.08 feet to an angle point on said East boundary; 4,11CROFILMED FP toR4 16926 OP 8 1964 THENCE North 56 deg. 0840" 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 deg. 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 deg. 45'35" East, 40.0 feet; THENCE South 28 deg. 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 deg. 5820" East, 3.76 feet; THENCE South 29 deg. 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, the above described area shall hereafter be a part of the City of Corpus Christi, Texas and shall be subject to the general laws of the State of Texas, the City Charter of the City of Corpus Christi and_the ordinances, resolutions, laws, rules and regulations of the City of Corpus Christi to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. 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 need for efficient administration of City affairs by annexing to the City the aforesaid tract or parcel, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances and resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this /Ott day of March, 1982. ATTEST: APPROVED: () DAY OF MARCH, 1982: J. BRUCE COCK, CITY ATTORNEY By , MAYOR THE C OF CORPUS CHRISTI, TEXAS * Assistant Cit rney 1. 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 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 (3009 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-l.vit: 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 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 distant 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 foot county road for the Northwest corner of this tract; .6/4 74' 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 Norr-least 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 #10 (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 00. 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 overclepth 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. -1. The owner agrees to pay S800.00 per acre to be placed in a fund to develop -a permanent sanitary .sewer system in the area per the master plan. Payment for 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 acres x $800.00 = $23, 952 shall be paid prior. to a plat of such area being filed for record at the Nue ce s 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 ATTEST: CID STICK CORPORATION , 1982. 2 /7 ...2...:"-S*;e*cretary /.* Roger S aman President AT City Secretary City Manager APPROVED: DAY OF , 1982: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney Assistant City Manager By iI r i e r OEM i r i ;SCALE i = app• Corpus Christi Texas day o 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, , 1982 Counc11 Members MAYOR '/ HE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the foll wing vote: Luther Jones Betty N. Turner Jack K..Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16926 266313 AN ORDINANCE RM t755 wig 620 ANNEXING THE 74.94 ACRE COUNTY CREEK SUBDIVISION SITUATED BETWEEN SARATOGA BOULEVARD AND COUNTY ROAD 26A; AND DECLARING AN EMERGENCY. ot, WHEREAS, on the 17th day of February. 1982, public hearing was . duly held at the regular 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 consideration of institution of proceedings for the annexation of a parcel or tract of land more fully described hereinafter, in"Nueces County, Texas, at which all interested persons were afforded an I opportunity to be heard, and by motion duly made, seconded and carried the said hearing was closed,on February 17, 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 * 6' 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 Candy Stick Corporation is hereby annexed, said parcel or tract being more fully described as follows: 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 deg. 02'30" West, 20.0 feet; THENCE North 61 deg. 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 deg. 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 therefrom measured at right angles thereto North 29 deg. 0000" East 1,847.40 feet and North 29 deg. 16' 50" East, 339.08 feet to an angle point on said East boundary; 16926 DEED RECORDS 'VOL 1818 inE 881 266312 AN ORDINANCE ROIL 755 IMACE 610 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 SANE 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.C.S., 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 heeby annexed, said Arcel or tract being' more fully described as follows; • . t DEED RECORDS VOL 1818 li,Gt 971