Loading...
HomeMy WebLinkAbout17686 ORD - 07/06/19834 • Ral 1843 IMAcf1531 THE STATE OF TEXAS § COUNTY OF NUECES § CERTIFICATE DEED RECORDS Vol l877racE 524 adft OI1EKAS COUNTY OF NUECES 1 mum certify that this Wttamentwee SUED On On date and et tM time atawa harem by Ani rmt wee defy RECORDED, In the Volume red Pelle Ot tis named RECORDS 01 Amon County, texas, a named hereon by ms. ell JUL 20' 1983 COUNTY CLERK, NUECES COUNTY, TEM I the undersigned, City Secretary of the City of Corpus Christi, Texas, do certify that the foregoing is a true and correct copy of Ordinance No. 17686, passed and approved by the City Council of the City of Corpus Christi, Texas on the 6th day of July , 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 20th day of July , 1983. Bi . ” ead,'City r Secreta Corpus Christi, Texas mu) FOR RECORD JUL ZO 11 41 91'83 47UNTY CLFRK NUECF' COUNTY TX Roi i 843 iNtcF1524 32921'1 AN ORDINANCE ANNEXING APPROXIMATELY 152.88 ACRES OF LAND KNOWN AS WOOD RIVER SUBDIVISION, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, on the 15th day of June, 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 June 15, 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 thg 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 Pendaris Corporation, is hereby annexed, said parcel or tract being more fully 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 �y's Unit Three (3), Wood River/KinnMill 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 DEED RECORDS ' voL 1877FAGE 517 17686 VOL I877PAGE 518 ROI E 843 IoCE1525 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. 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 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. 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 KJ day of July, 1983. ATTEST: Cecretary " APPROVED:coDAY OF JULY, 1983 JK Bruce Aycock, Cij� Attorney MAYO THE C Y OF CORPUS CHRISTI, TEXAS ROIL 843 iNt,ct1.526 . ANNEXATION CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § 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"); W ITNESSET H: 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 1 Page 1 - Annexation Contract: Wood River, Units 1, 2, 3, 5, and 7 vo11877 uE 519 Rot 1843 ivacri527 vot1877na 520 Whereas, Pendaris, 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 AOl l 843 IM,,Oi15528 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 ATTEST: Secretary PENDARIS C9TPORATION 1/;. i.A.L_ illiam H. Hol and, President , 1983. 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 VOL 1877PA8E 521 I �rr riCG'44-6- n� fY I' •.(7 •V ttttt 4,0 Rost 843 mw1529 Y .L/M/7" L//YE G•' rr '• 1 `� co' R011843 imAcf1.530 CopChristi, Tex (// y�pus,day of 19ff-3 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 introduces, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members ;;;4( MAYOR THE CI OF CORPUS CHRISTI, TEXAS The above ordinance was passed Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky the following vote: 17686 VOL 1877PAGE 523 AN ORDINANCE ANNEXING APPROXIMATELY 152.88 ACRES OF LAND KNOWN AS WOOD RIVER SUBDIVISION, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, on the 15th day of June, 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 June 15, 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 Pendaris Corporation, is hereby annexed, said parcel or tract being more fully 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 17686 SEP 28 1984 MICROFILMED 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. 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 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. 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 K� day of July, 1983. ATTEST: ecretary / APPROVED: 'DAY OF JULY, 1983 j8ruce ttorney MAYO THE CITY OF CORPUS CHRISTI, TEXAS ANNEXATION CONTRACT THE STATE OF TEXAS § COUNTY OF NUECES § 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, Pendaris, 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 ATTEST: PENDARIS CdRPORATION , 1983. Secretary illiam H. Hol and, President ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: Day of , 1983: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By Edward A. Martin, City Manager Page 3 - Annexation Contract: Wood River, Units 1, 2, 3, 5, and 7 • 7:).. • • "m'rf 721Christi, Tex day of g$3 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, Respectfully, MAYOR Council Members THE CI " OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones _,.! Betty N. Turner / __ Jack K. Dumphy O_,_' Bob Gulley I <. Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy IL Cliff Zarsky Aeir,_7„, 1'7686 'tg