HomeMy WebLinkAbout17505 ORD - 03/02/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRI -STAR
DEVELOPMENT COMPANY FOR THE ANNEXATION OF APPROXIMATELY
34.22 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL
FARM AND GARDEN TRACT, NUECES COUNTY, TEXAS; 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;
WHEREAS, Tri-Star Development Company is owner 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 February 16, 1983, 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
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
February 16, 1983; and
1
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 and directed to execute a contract between the City of
iQFJLMED
1.7:(15 SEP 2 81994
Corpus Christi and Tri-Star Development Company, 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, for
annexation of land and territory described as follows:
FIELDNOTES for 34.22 acres of land out of Lots 20, 21,
22, 28, 29, Section 5, Flour Bluff Encinal Farm and
Garden Tracts, a map of which is recorded in Volume A,
Pages 41, 42, 43, map records of Nueces County, Texas:
BEGINNING at the point of intersection of the Southwest
boundary line of Timbergate Drive (60.00 feet wide) and
the Northwest boundary line of a 75.00 foot wide drainage
right-of-way for the East corner of this survey from
which corner the North corner of Lot 34, Block 129,
Crossgate, a map of which is recorded in Volume 46, Pages
247, 248, 249, map records of Nueces County, Texas, bears
with said Southwest boundary line South 61° 00' 45" East
355.35 feet;
THENCE South 29° 02' 00" West, along the Northwest line
of said 75.00 foot wide drainage right-of-way, 344.05
feet for the point of curvature of a circular curve to
the right which has a central angle of 30° 00' 00", a
radius of 373.21 feet, a tangent distance of 100.00 feet
and an arc length of 195.41 feet;
THENCE with said curve to the right, 195.41 feet for the
point of tangency;
THENCE South 59°
Northwest line of
for the point of
left which has a
of 821.41 feet, a
arc length of 383.
02' 00" West, continuing along the
said drainage right-of-way, 596.60 feet
curvature of a circular curve to the
central angle of 26° 43' 16", a radius
tangent distance of 195.09 feet and an
08 feet;
THENCE with said curve to the left, along the Northwest
boundary line of said 75.00 foot wide drainage
right-of-way, 383.08 feet for the South corner of this
survey;
THENCE North 60° 58' 00" West, leaving the above
mentioned Northwest line, 698.77 feet for a corner of
this survey and the point of curvature of a circular
curve to the right whose radius point bears North 41° 20'
53" West 225.67 feet and has a central angle of 17° 53'
10", a radius of 225.67 feet, a tangent distance of 35.51
feet and an arc length of 70.45 feet;
THENCE with said curve to the right, 70.45 feet for a
corner of this survey;
THENCE North 23° 27' 43" West 50.00 feet for a corner of
this survey;
THENCE North 44° 28' 10" West 145.34 feet for the West
corner of this survey;
THENCE North 29° 02' 00" East 108.33 feet to a point on
the common boundary line of Lots 20, 29, Section 5, Flour
Bluff and Encinal Farm and Garden Tracts for a corner of
this survey;
THENCE South 61° 02' 50" East, along the above mentioned
common boundary line, 70.67 feet for an inside corner of
this survey;
THENCE North 29° 02' 00" East, 1,291.48 feet to a point
on the Southwest boundary line of Snowgoose Road (60.00
feet wide) for the North corner of this survey;
THENCE South 61° 00' 45" East, with said Southwest
boundary line, parallel to the centerline of said
Snowgoose Road thereof and 30.00 feet distant therefrom,
measured at right angles thereto, 332.28 feet for the
point of curvature of a circular curve to the right which
has a central angle of 67° 00' 00", a radius of 220.00
feet, a tangent distance of 145.61 feet and an arc
length of 257.26 feet;
THENCE, with said circular curve to the right, 257.26
feet for the point of tangency;
THENCE South 05° 59' 15" West, parallel to the centerline
of said Snowgoose Road thereof and 30.00 feet distant
therefrom, measured at right angles thereto, 139.60 feet
for an inside corner of this survey;
THENCE South 84° 00' 45" East 60.00 feet for an inside
corner of this survey and the point of curvature of a
circular curve to the right whose radius point bears
South 84° 00' 45" East 10.00 feet and has a central angle
of 90° 00' 00", a radius of 10.00 feet, a tangent
distance of 10.00 feet and an arc length of 15.71 feet;
THENCE with said circular curve to the right, 15.71 feet
for the point of tangency on the Southwest boundary line
of Timbergate Drive;
THENCE South 84° 00' 45" East, along said Southwest
boundary line, parallel to the centerline of said
Timbergate Drive thereof and 30.00 feet distant
therefrom, measured at right angles thereto, 479.50 feet
for the point of curvature of a circular curve to the
right which has a central angle of 90° 00' 00", a radius
of 10.00 feet, tangent distance of 10.00 feet and an arc
length of 15.71 feet;
THENCE with said circular curve to the right, 15.71 feet
for the point of tangency and a corner of this survey;
THENCE South 81° 41' 56" East 50.04 feet for an inside
corner of this survey and the point of curvature of a
circular curve to the right whose radius point bears
South 84° 00' 45" East 10.00 feet and has a central angle
of 96° 36' 35", a radius of 10.00 feet, a tangent
distance of 11.22 feet and an arc length of 16.86 feet;
THENCE with said circular curve to the right, 16.86 feet
for the point of tangency on the Southwest right-of-way
line of Timbergate Drive and the point of curvature of a
circular curve to the right whose radius point bears
South 12° 35' 50" West 314.06 feet and has a central
angle of 16° 23' 25", radius of 314.06 feet, tangent
distance of 45.23 feet and arc length of 89.84 feet;
THENCE with said circular curve to the right, 89.84 feet
for the point of tangency;
THENCE South 61° 00' 45" East, parallel to the centerline
of said Timbergate Drive thereof and 30.00 feet distant
therefrom, measured at right angles thereto, said
centerline being the Northeast boundary line of said Lot
22, Section 5, 51.50 feet to 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 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.
ANNEXATION CONTRACT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Contract and Agreement made and entered into in duplicate
originals by and between Tri-Star Development Company, hereinafter called
"owner", 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 owner is owner 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 feet (300') 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 34.22 acres of land out of Lots 20, 21,
22, 28, 29, Section 5, Flour Bluff Encinal Farm and
Garden Tracts, a map of which is recorded in Volume A,
Pages 41, 42, 43, map records of Nueces County, Texas:
BEGINNING at the point of intersection of the Southwest
boundary line of Timbergate Drive (60.00 feet wide) and
the Northwest boundary line of a 75.00 foot wide drainage
right-of-way for the East corner of this survey from
which corner the North corner of Lot 34, Block 129,
Crossgate, a map of which is recorded in Volume 46, Pages
247, 248, 249, map records of Nueces County, Texas, bears
with said Southwest boundary line South 61° 00' 45" East
355.35 feet;
THENCE South 29° 02' 00" West, along the Northwest line
of said 75.00 foot wide drainage right-of-way, 344.05
feet for the point of curvature of a circular curve to
the right which has a central angle of 30° 00' 00", a
radius of 373.21 feet, a tangent distance of 100.00 feet
and an arc length of 195.41 feet;
THENCE with said curve to the right, 195.41 feet for the
point of tangency;
THENCE South 59° 02' 00" West, continuing along the
Northwest line of said drainage right-of-way, 596.60 feet
for the point of curvature of a circular curve to the
left which has a central angle of 26° 43' 16", a radius
of 821.41 feet, a tangent distance of 195.09 feet and an
arc length of 383.08 feet;
THENCE with said curve to the left, along the Northwest
boundary line of said 75.00 foot wide drainage_
right-of-way, 383.08 feet for the South corner of this
survey;
THENCE North 60° 58' 00" West, leaving the above
mentioned Northwest line, 698.77 feet for a corner of
this survey and the point of curvature of a circular
curve to the right whose radius point bears North 41° 20'
53" West 225.67 feet and has a central angle of 17° 53'
10", a radius of 225.67 feet, a tangent distance of 35.51
feet and an arc length of 70.45 feet;
THENCE with said curve to the right, 70.45 feet for a
corner of this survey;
THENCE North 23° 27' 43" West 50.00 feet for a corner of
this survey;
THENCE North 44° 28' 10" West 145.34 feet for the West
corner of this survey;
THENCE North 29° 02' 00" East 108.33 feet to a point on
the common boundary line of Lots 20, 29, Section 5, Flour
Bluff and Encinal Farm and Garden Tracts for a corner of
this survey;
THENCE South 61° 02' 50" East, along the above mentioned
common boundary line, 70.67 feet for an inside corner of
this survey;
THENCE North 29° 02' 00" East, 1,291.48 feet to a point
on the Southwest boundary line of Snowgoose Road (60.00
feet wide) for the North corner of this survey;
THENCE South 61° 00' 45" East, with said Southwest
boundary line, parallel to the centerline of said
Snowgoose Road thereof and 30.00 feet distant therefrom,
measured at right angles thereto, 332.28 feet for the
point of curvature of a circular curve to the right which
has a central angle of 67° 00' 00", a radius of 220.00
feet, a tangent distance of 145.61 feet and an arc
length of 257.26 feet;
THENCE, with said circular curve to the right, 257.26
feet for the point of tangency;
THENCE South 05° 59' 15" West, parallel to the centerline
of said Snowgoose Road thereof and 30.00 feet distant
therefrom, measured at right angles thereto, 139.60 feet
for an inside corner of this survey;
THENCE South 84° 00' 45" East 60.00 feet for an inside
corner of this survey and the point of curvature of a
circular curve to the right whose radius point bears
South 84° 00' 45" East 10.00 feet and has a central angle
of 90° 00' 00", a radius of 10.00 feet, a tangent
distance of 10.00 feet and an arc length of 15.71 feet;
THENCE with said circular curve to the right, 15.71 feet
for the point of tangency on the Southwest boundary line
of Timbergate Drive;
THENCE South 84° 00' 45" East, along said Southwest
boundary line, parallel to the centerline of said
Timbergate Drive thereof and 30.00 feet distant
therefrom, measured at right angles thereto, 479.50 feet
for the point of curvature of a circular curve to the
right which has a central angle of 90° 00' 00", a radius
of 10.00 feet, tangent distance of 10.00 feet and an arc
length of 15.71 feet;
THENCE with said circular curve to the right, 15.71 feet
for the point of tangency and a corner of this survey;
THENCE South 81° 41' 56" East 50.04 feet for an inside
corner of this survey and the point of curvature of a
circular curve to the right whose radius point bears
South 84° 00' 45" East 10.00 feet and has a central angle
of 96° 36' 35", a radius of 10.00 feet, a tangent
distance of 11.22 feet and an arc length of 16.86 feet;
THENCE with said circular curve to the right, 16.86 feet
for the point of tangency on the Southwest right-of-way
line of Timbergate Drive and the point of curvature of a
circular curve to the right whose radius point bears
South 12° 35' 50" West 314.06 feet and has a central
angle of 16° 23' 25", radius of 314.06 feet, tangent
distance of 45.23 feet and arc length of 89.84 feet;
THENCE with said circular curve to the right, 89.84 feet
for the point of tangency;
THENCE South 61° 00' 45" East, parallel to the centerline
of said Timbergate Drive thereof and 30.00 feet distant
therefrom, measured at right angles thereto, said
centerline being the Northeast boundary line of said Lot
22, Section 5, 51.50 feet to 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, Owner and City will
perform the following conditions:
1. Owners agree to construct a bridge over and across the
adjacent 75 foot drainage right of way and ditch in
accordance with Ordinance 16462 passed on August 12, 1981.
2. Owners agree to pay the City the sum of $150.00 per lot for
each lot in Inverness Unit A Subdivision within 30 days
after the individual lots are sold in accordance with
Ordinance No. 16462 passed on August 12, 1981.
3. Owners agree to remove existing temporary lift station and
force main and have salvage rights to same, and to make the
permanent sanitary sewer connection to the future South
Staples Street trunk sanitary sewer within 45 days after
the South Staples trunk line has been installed in
accordance with Ordinance No. 16748 passed on December 9,
1981;
4. Owners agree to comply with all provisions of the Platting
Ordinance;
5. The City agrees to commence provisions of fire, police,
health, sanitation and other usual City services after the
effective date of annexation.
It is further agreed that all of the above conditions shall be
binding upon the successors and assigns of the said Owner and each of them,
and shall constitute covenants running with the land.
WITNESS OUR HANDS, this the day of , 1983.
ATTEST: TRI -STAR DEVELOPMENT COMPANY
By
Secretary William B. Pruet, Vice President
ATTEST: CITY OF CORPUS CHRISTI, TEXAS
By
City Secretary Edward A. Martin, City Manager
APPROVED: DAY OF , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney Assistant City Manager
That the foregoing ordinance w read for first time and passed to its
second reading on this the ay of , 19113 , 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 ordinance was,read for econd time and p ssed to its
third reading on this the jay of .GGulttr?j , 1943 , 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 for of g ordinance
on this the.ira day of
as reap for the W.rd time and passed finally
, 19 , by the following vote:
401r
f,
'J
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 rga, day of
ATTEST:
� /, A0710
cret
it Seary"Z MAYOR or
THE CITY OF CORPUS CHRISTI, TEXAS
9
APP OVED:
DAY OF , 19,3:
J. BRUCE AYCOCK, CITY TTORNEY
7505