HomeMy WebLinkAbout17677 ORD - 06/29/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PENDARIS
CORPORATION FOR THE ANNEXATION OF APPROXIMATELY 152.88
ACRES OF LAND MOWN AS WOOD RIVER SUBDIVISION 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, Pendaris Corporation 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 June 15, 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, unre
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
June 15, 1983; 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 TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS C[R2ISTI, 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
17677_
MICROFILMED.
SEP
'4S1984
Corpus Christi and Pendaris Corporation 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:
Unit One (1), Wood River Subdivision, as shown by map or
plat thereof recorded in Volumene 44, pages 180 through
182, Map Records, Nueces County, Texas; and
Unit Two (2), Wood River Subdivision, as shown by map or
plat thereof recorded in Volume. 45, pages 190 through
192, Map Records, Nueces County, Texas; and
Unit Three (3), Wood River/Kinney's Mill Subdivision, as
shown by map or plat recorded in Volumene 48, pages 126 and
127, Map Records, Nueces County, Texas; and
Unit Five (5), Wood River Subdivision, as shown by map or
plat recorded in Volume 48, pages 118 and 119, Map
Records, Nueces County, Texas; and
Unit Seven (7), Wood River Subdivision, as shown by map
or plat recorded in Volume 48, pages 97 and 98, Map
Records, Nueces County, Texas.
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 §
6614
This Contract and Agreement made and entered into in duplicate
originals by and between Pendaris Corporation, a Texas corporation, having
its principal offices in Corpus Christi, Nueces County, Texas (hereinafter
referred to as "Pendaris"), 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 referred to as•"City");
WITNESSETH:
Whereas, by contract dated May 10, 1978, Pendaris and City agree to
certain terms and conditions controlling the development, the extension of
utilities and the future annexation of a tract of land situated in Nueces
County, containing•,493.66 acres,,more or less, known as "Wood River", owned.
by Pendaris and lying wholly within the extraterritorial jurisdiction of
City; and
Whereas, part of the consideration for said contract is the agreement
of Pendaris that all platted and recorded units or phases of "Wood River"
contiguous and adjacent to the city limits after May 15, 1983 shall be
subject to annexation by City; and
Whereas, said contract is deemed by the parties to be for the benefit
of third parties, being all future property owners, homeowners'
associations and country and/or recreation club or clubs, and that by
virtue of said contract all homeowners and other successors in interest and
assigns in "Wood River" are subject to the duties, obligations and liabili-
ties under such contract and further established by deed restrictions and
declaration of covenants binding all owners, their successors in interest
and assigns for future annexation under the said contract; and
Whereas, under the terms of said "Wood River" contract, Pendaris and
City agree that to implement such annexation each such unit or phase of
"Wood River" shall be annexed in accordance with the Charter of the City of
Corpus Christi, Article I, Section 2(b); and
Page 1 - Annexation Contract: Wood River, Units 1, 2, 3, 5, and 7
Whereas, Pendari's, its successors in interest and assigns 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 (300) 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:
Unit One (1), Wood River Subdivision, as shown by map
or plat thereof recorded in Volume 44, pages 180
through 182, Map Records, Nueces County, Texas; and
Unit Two (2), Wood River Subdivision, as shown by map
or plat thereof recorded in Volume 45, pages 190
through 192, Map Records, Nueces county, Texas; and
Unit Three (3), Wood River/Kinney's Mill Subdivision,
as shown by map or plat recorded in Volume 48, pages
126 and 127, Map Records, Nueces County, Texas; and '
Unit Five (5), Wood River Subdivision, as shown by map
or plat recorded in Volume 48, pages 118 and 119, Map
Records, Nueces County, Texas; and
Unit Seven (7), Wood River Subdivision, as shown by map
or plat_recorded in Volume 48, pages 97 and 98, Map
Records, 'Nueces County, Texas.
Now, therefore, in consideration of the premises, the mutual promises
and covenants herein contained, and other good and valuable consideration,
it is hereby agreed by Pendaris and City, as follows:
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.
II
Pendaris agrees to dedicate for public park purposes a 24.68 -acre
tract out of "Wood River" subdivision.
III
That City agrees to commence the provision of fire, police, health,
sanitation and other usual City services after the effective date of
annexation.
• Page 2 - Annexation Contract: Wood River, Units 1, 2, 3, 5, and 7
IV
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 , 1983.
ATTEST: PENDARIS CORPORATION
Secretary William H. Holland, President
ATTEST: CITY OF CORPUS CHRISTI
By
City Secretary Edward A. Martin, City Manager
APPROVED:
Day of , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
• Page 3 - Annexation Contract: Wood River, Units 1, 2, 3, 5, and 7
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That the foregoing ordinance w read for
second reading on this the /ay of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
e first time and wed to its
, 1947 , by the
That the foregoing ordinanc was read for
third reading on this the A lday of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
second time and
, 19
ed to its
, by the
That the foregoin ordinance s read for the tbird time and passed finally
on this the day of � , 19d3 , by the following vote:
Luther Jones —.p
Betty N. Turner
Jack K. Dumphy
Bob Gulley 404.1
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
PASSED AND APPROVED, this the ql9day of ,i ! , 19
ATTEST:
Ci S" ecret— ary"
APP
(_DAY OF , 19S1/�
J. BRUCE CCK, CITY ATTORNEY
By
Assistant City
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
17677