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
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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