HomeMy WebLinkAbout16977 ORD - 03/31/1982AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
E. H. MOORE HOMES, INC. AND J. R. BUILDERS, INC., FOR
THE ANNEXATION OF 79.59 ACRES OF LAND OUT OF LOT 1,
SECTION 19, BOHEMIAN COLONY LANDS; FINDING ALL OF SAID
LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURIS-
DICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING,
CONTIGUOUS AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY.
WHEREAS, E. H. Moore Homes, Inc. and J. R. Builders, Inc. are the
owners 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 owners are desirous of contracting with the City
for the annexation of said territory to the City of Corpus Christi; and
WHEREAS, on March 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 consideration of institution of proceedings
for annexation of defined area wholly within the extraterritorial 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 March 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
constitutes 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:
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 to execute a contract between the City of Corpus Christi
and E. H. Moore Homes, Inc. and J. R. Builders, Inc., a true copy of which
contract is attached hereto and by this reference incorporated herein for_all
purposes, including exhibits thereto, as though fully set forth herein marked
Exhibit "A", for annexation of land and territory described as follows:
vivh61984
MICROFILMEd
16977
FIELDNOTES for 79.59 acres of land out of Lot 1, Section
19, Bohemian Colony Lands, a map of which is recorded in
Volume A, Page 48, Map Records of Nueces County, Texas.
BEGINNING at the point of intersection of the centerline
of Cedar Pass Drive (County Road 26) with the centerline
of Everhart Road for the East Corner of said Lot 1, Section
19 from which corner a 1 -inch iron pipe found on line bears
South 61 deg. 3200" East 0.37 feet;
THENCE, South 29 deg. 0310" West, along the aforementioned
centerline of Everhart Road, same being the Southeast
boundary of said Lot 1, Section 19, 1,320.26 feet to a
1/2 -inch iron pipe found for the South corner of said
Lot 1, Section 19;
THENCE, North 61 deg. 32100" West, along the Southwest
boundary of said Lot 1, Section 19, 2,625.46 feet to a
1 -inch pipe found for the West corner of said Lot 1,
Section 19;
THENCE, North 29 deg. 00'00" East, along the Northwest
boundary of said Lot 1, Section 19, 1,320.25 feet to
a 1 -inch pipe found in the centerline of said Cedar
Pass Drive (County Road 26) for the North corner of
said Lot 1, Section 19;
THENCE South 61 deg. 3200" East, along said centerline
of Cedar Pass Drive (County Road 26), same being the
Northeast section line and boundary line of said Lot 1,
Section 19, 2,626.67 feet for the POINT OF BEGINNING.
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 inhabi-
tants 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
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate originals
by and between E. H. Moore Homes, Inc. and J. R. Builders, Inc., 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
3f said city and, in whole or in part, within three hundred (300') feet of the
.7.:ity's present corporate limits, generally delineated on the map attached
iereto and marked Exhibit "A", and being more particularly described as
ollows, to -wit:
FIELDNOTES for 79, 59 acres of land out of Lot 1, Sect ion 19,
Bohemian Colony Lands, a map of which is recorded in Volume A,
'Page 48, Map Records of Nueces_ County, Texas.
BEGINNING at the point of intersection of the centerline of Cedar Pass
Drive (County Road 26) with the centerline of Everhart Road for the
East corner of said,Lot 1, Section 19 from which corner a 1 -inch iron
pipe found on line bears South 61°32'00" East 0.37 feet;
THENCE, South 29°03'10" West, along the aforementioned center-
line of Everhart Road, same being the Southeast boundary of said
Lot 1, Section 19, 1, 320.26 feet to a 1/2 -inch iron pipe found for
the South corner of said Lot 1, Section 19;
THENCE North 61°32'00" West, along the Southwest boundary of
said Lot 1, Section 19, 2,625.46 feet to a 1 -inch pipe found for the
West corner of said Lot 1, Section 19;
THENCE North 29° 0000" East, along the Northwest boundary of
said Lot 1, Section 19, 1,320.25 feet to a 1 -inch iron pipe found
in the centerline of said Cedar Pass Drive (County Road 26) for the
North corner of said Lot 1, Section 19;
THENCE South 61° 32' 00" East, along said centerline of Cedar
Pass Drive (County Road 26), same being the Northeast section
line and boundary line of said Lot 1, Section 19, 2,626.67 feet .
for the POINT OF BEGINNING.
It is agreed by and between the parties hereto that the above-
described 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. Owners agree to dedicate 3.89 acres of land for park purposes.
2. Owners agree to dedicate an additional ten foot (10') of right-
of-way along the south side of Cedar Pass Drive (County Road 26)
and construct one-half the street improvements including curb,
gutter, drainage and sidewalks.
3. Owners agree to dedicate an additional twenty foot (20') of right-
of-way along the west side of Everhart Road and construct
one-half the street improvements including curb, gutter,
drainage and sidewalks. The City shall reimburse the owners
for paving items only in Everhart Road in excess of two inches
(2") of hot mix asphalt and eight inches (8") of caliche base.
4. Owners agree to pay $800 per acre (77.79 acres x $800 = $62,232)
to be placed in a fund to develop a permanent sanitary sewer system
in the area per the master plan. Payment to be made at the time
each final plat is realeased for filing at the County Courthouse and in
the amount of the total acreage of such final plat. The remaining
amount of the $62,232 or the total amount shall be payable upon call
by the City at the time a construction contract is let for the sewer
trunk line to serve this area according to the master plan.
5. Owners agree to construct a 12" A. C. P. water line from the
south boundary of Creekway Subdivision in Everhart Road to
the south boundary line of sairl. owners 77.79 acre area
(being platted as Sugar Ridge Subdivision), plus fire protection
as per the City Water Distribution Standards.
6. Owners agree to construct a sanitary sewer lift station with the
wetwell elevation designed to serve the area in accordance with
the master plan.
7. Owners agree to construct a twelve inch (12") ACP water line
from the existing line in Cedar Pass westward to the west
boundary line of said 77.79 acre area (being platted as Sugar
Ridge subdivision). The City shall reimburse the owners for
oversizing, if required, between the twelve inch (12") A. C. P.
water line and the size required to meet the subdivision
demand, however, the A. C. P water line shall in no case be less
than an eight inch (8") line for oversizing purposes.
8. Owners agree to comply with all provisions of the Platting
Ordinance.
9. The City agrees to commence provisions of fire, police,
- health, sanitation and other usual city services after the
effective date of annexation.
10. The City agrees to accept water, sewer, street and drainage
facilities after construction by the developers according to
City platting standards and agrees to maintain such facilities
thereafter.
11. Owners hereby agree to waive the statutory requirement of
Article 970a, V. A. C. S., as amended, for public hearing
to be 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 constitute covenants running with the land.
WITNESS OUR HANDS, this the day of
OWNER: OWNER:
E. H. Moore Homes, Inc. J. R. Builders, Inc.
, 1982.
Edgar Moore, President James Ewing, President
ATTEST:
City Secretary City Manager
APPROVED:
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
, 1982:
By By
Assistant City Attorney Assistant City Manager
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That the foregoing ordinance was read for e fir t time'od passed to its
second reading on this the /1 day of , 19 , 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 ordinancq,
third reading on this the 40‹
following vote:
s read for
day of
Luther Jones
Betty N. Turner
Jack K.Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance
on this the 3/ day of
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the 3/ day
ATTEST:
passed to its
, by the
read or the td time and passed finally
by the following vote:
a
APPROVED:
/ L DAY OF
J. BRUCE AYCOCK, CIT ATTORN Y
By /13-144-ra_
of k4e.../61 ,19Y2" .
MAYOR
THE CIT OF CORPUS CHRISTI, TEXAS
169'77