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HomeMy WebLinkAbout17739 ORD - 07/27/1983AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CANE HARBOR BAY COMPANY FOR THE ANNEXATION OF APPROXIMATELY 18 ACRES OF LAND KNOWN AS CANE HARBOR BAY, PADRE ISLAND, 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, Cane Harbor Bay 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 July 6, 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 July 6, 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 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 1'7''39 SEP 2 81984 MICROFILMED Corpus Christi and Cane Harbor Bay 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 18.00 acres of land comprising all of Lots 1, 2, and 3, Block 37, all of Blocks 38, and 39, a portion of Block 45, all of Pontevedra Drive, a portion of Whitecap Boulevard, Padre Island, Corpus Christi, Section H, Unit 1, Blocks 32 thru 45, a map of which is recorded in Volume 43, Page 47, 48, and 49, Map Records of Nueces County, Texas: BEGINNING at a point on the North boundary line of Whitecap Boulevard (100.00 feet wide) same being the South line of a 38.00 foot wide access road fronting said Whitecap Boulevard for the Southeast corner of this survey from which corner the centerline intersection of said Whitecap Boulevard and Chiclana Boulevard (100.00 feet wide) bears South 01° 16' 30" West 50.00 feet and South 88° 43' 30" East 420.00 feet; THENCE North 88° 43' 30" West, along the North line of Whitecap Boulevard, 475.00 feet to a point for the Southwest corner of this survey; THENCE leaving said North line, North 01° 16' 30" East 521.40 feet to a point for the point of curvature of a circular curve to the left which has a central angle of 26° 00' 00", a radius of 1576.94 feet, a tangent distance of 364.06 feet and an arc length of 715.59 feet; THENCE with said curve to the left, 715.59 feet to a point for the point of tangency; THENCE North 24° 43' 30" West 150.00 feet to a point for the Northwest corner of this survey: THENCE North 25° 22' 06" East 261.56 feet to a point for a corner of this survey; THENCE North 73° 40' 26" East 170.00 feet to a point for a corner of this survey; THENCE South 65° 19' 19" East 188.29 feet to a point for the Northeast corner of this survey; THENCE South 24° 43' 30" East 150.00 feet to a point for the point of curvature of circular curve to the right which has a central angle of 26° 00' 00", a radius of 2068.28 feet, a tangent distance of 477.50 feet and an arc length of 938.56 feet; THENCE with said curve to the right, 938.56 feet to a point for the point of tangency; THENCE South 01° 16' 30" West 205.61 feet to a point for a corner of this survey; THENCE South 07° 22' 52" West 153.66 feet to the common rear corner of Lots 3 and 4 said Block 37 for a corner of this survey; THENCE South 01° 16' 30" West, along the common boundary line of said Lots 3 and 4, at 125.00 feet pass the Southwest corner of said Lot 4 and crossing said 38.00 foot wide access road, in all a distance of 163.00 feet to the POINT OF BEGINNING. 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 j This Contract and Agreement made and entered into in duplicate originals by and between Care Harbor Bay Company hereinafter called "owner", and the City of Corpus Christi, Texas, a home -rule city of more than 200, 000 Population, a rnuaicioal 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. W ITN.ESSET H: 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 (30W) 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 18. 00 acres of land comprising all of Lots 1, 2, and 3, Block 37, all of Blocks 38, and 39, a portion of Block 45, all of Pontevedra Drive, a portion of Whitecap Boulevard, Padre Island, Corpus Christi, Section 1-1, 'Unit 1, Blocks 32 thru 45, a map of which is recorded in Volume 43, Page 47, 48, and 49, Map Records of Nueces County, Texas: BEGINNING at a point on the North boundary line of Whitecap Boulevard (100. 00 feet wide) same being the South line of a 38.00 foot wide access road fronting said Whitecap Boulevard for the Southeast corner of this survey from which corner the centerline intersection of said Whitecap Boulevard and Chiclana Boulevard (100. 00 feet wide) bears South 01°16' 30" West 50.00 feet and South 88°43'30" East 420. 00 feet; THENCE North 88° 43'30" West, along the North line of Whitecap Boulevard, 475. 00 feet to a point for the Southwest corner of this survey; THENCE leaving said North line, North 01°16'30" East 521.40 feet to a point for the point of curvature of a circular curve to the left which has a central angle of 26°00'00", a radius of 1576. 94 feet, a tangent distance of 364. 06 feet and an arc length of 715. 59 feet; THENCE with said curve to the left, 715. 59 feet to a point for the point of tangency; THENCE North 24°43'30" West 150. 00 feet to a point for the Northwest corner of this survey; THENCE North 25°22'06" East 261. 56 feet to a point for a corner of this survey; THENCE North 73940'26" East 170.00 feet to a point for a corner of this survey; THENCE South 65019'19" East 188.29 feet to a point for the Northeast corner of this survey; THENCE South 24°43'30" East 150. 00 feet to a point for the point of curvature of circular curve to the right which has a central angle of 26°00'00", a radius of 2068.28 feet, a tangent distance of 477. 50 feet and an arc lel,gth of 938. 56 feet; THENCE with said curve to the right, 938. 56 feet to a point for the point of tangency; THENCE South 01°16'30" West 205.61 feet to a point for a corner of this survey; THENCE South 07°22'52" West 153.66 feet to the common rear corner of Lots 3 and 4 said Blbck 37 for a corner of this survey; THENCE South 01°16'30" West, along the common boundary line of said Lots 3 and 4, at 125. 00 feet pass the Southwest corner of said Lot 4 and crossing said 38. 00 foot wide access road, in all a distance of 163.00 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. Developer agrees to construct a temporary lift station and force main designed to serve only Cane Harbor Bay Sub- division, and to bear all costs incurred to intercept the temporary lift station in the future when the permanent gravity sewer line is extended in Whitecap Boulevard from the future permanent Lift Station No. 3 in accordance with the Padre Island Master Sanitary Sewer Plan as previously filed with the City of Corpus Christi. 2. Provide wat er service to all proposed lots within said tract in accordance with Platting. Ordinance requirements. 3. Construct interior street to serve all lots proposed to Platting Ordinance standards including curbs and gutters; 4. Owner agrees 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; 6. City agrees to accept sewer, and drainage facilities after construction by owner according to City Platting Ordinance standards and agrees to maintain such facilities thereafter. 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 , l982_ ATTEST: David R. Coggins, Vice President ATTEST: City Secretary APPROVED; DAY OF J. BPUCE AYCOCK_, CITY ATTORNEY By Edward A. Martin City Manager , 1982: By Assistant City .Attorney Assistant City Manager LU z 1- 1— OLItside City Limits . g gin 1-1D 40 CITY LIMIT '--LINE SCALE 1'= 4 0 0 ) ) ) ) LI ) > a ' Sy 1 ' I > ) > 0 >0 00 I $ () > ) > 7 > >0 0 3 > 'an e ria Syr:n.1_ Svn ) o 0 *1 00 ) •• ) 0 0 0 ) 6 (r) >6 0 7 ) 00 r a r 3 0; r 3 CITY LIMIT LINE Outside City Limits. That the foregoing ordinance laas read for second reading on this the /P. day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky irst time and p ssed to its , 19 3 , by the That the foregoing ordinanc w( read for third reading on this the day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky and time anded to its 196,-, by the i / That the foregoi,r�g ordinane wa read for the ird time and passed finally on this the �- day of 400___; , 1933 , by the following vote: 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 ATTEST: --Ct� ry MAYOR THE APP DVED: 7)00DAY OF • 1 s�3 J. BRUCE AYCOCK,ITY ATTORNEY By Assistant City rney 1'7'739 19 &3. CITY OF CORPUS CHRISTI, TEXAS