HomeMy WebLinkAbout17518 ORD - 03/09/1983AN ORDINANCE
ANNEXING A 34.22 ACRE TRACT OF LAND OUT OF THE FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACT; AND DECLARING AN
EMERGENCY.
%
WHEREAS, on the 16th day of February, 1983, a 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 the 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 16, 1983; and
WHEREAS, the owner 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 Tri-Star Development Company, is hereby annexed, said
parcel or tract being more fully 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
17518
MICROFILM
SEP 2 81984
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 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, and the ordinances, resolutions, motions and
regulations of the City of Corpus Christi, Texas, 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
unconsitutional 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
immediate annexation of the aforementioned land being in the best interest of
the City, 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 measure this the g_T ,
(-2/4 MPS.
day of duay, 1Q82
ATTEST:
CJjtSetary MAYOR
THE TY OF CORPUS CHRISTI, TEXAS
ifkuti
APPROVED: 7 DAY OF 1984
J. BRUCE AYCO K, CITY ATTORNEY
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 aood 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
paint 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
Time 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
(:(1;41,s Christi, T as
day of -. , 1983
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; I/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,
Council Members
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed � the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
17518
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310464
AN ORDINANCE
ROl L 817 IMAGE 445
DEED RECORDS
VOL 1859pa0E 518
ANNEXING A 34.22 ACRE TRACT OF LAND OUT OF THE FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACT; AND DECLARING AN
EMERGENCY.
WHEREAS, on the 16th day of February, 1983, a 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 the 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 16, 1983; and
WHEREAS, the owner 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 Tri-Star Development Company, is hereby annexed, said
parcel or tract being more fully 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
17518
Al
s1 f
THE STATE OF TEXAS
COUNTY OF NUECES
§
Bali 817 IMRCE 455
DEED RECORDS
VOL i859P49E 528
CERTIFICATE
I the undersigned, Acting Assistant City Secretary of the
City of Corpus Christi, Texas, do certify that the foregoing is a
true and correct copy of Ordinance No. 17518, passed and approved
by the City Council of the City of Corpus Christi, Texas, on the
9th day of March, 1983, as same appears in the Official Records
of the City of Corpus Christi, Texas, of which the City
Secretary's Office is the lawful custodian.
WITNESSETH MY HAND and the Official Seal of the City of
Corpus Christi, Texas, this 9th day of March , 1983.
Dorothy Zahn
Acting City S
rATE Of TEXAS
COUNTY CF NUECES
I hereby cartilY that this instrument was FILED on the
ereon by me; and was duly
date RDE at in th Volume endme stamped hPage of the named RECORDS
RECORDED,
at kueces County, Teaes, es stamped hereon by me, on
MAR 18 1983
COUNTY CLERK,
NUECES COUNTY, TEXAS
r.
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