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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