HomeMy WebLinkAbout17740 ORD - 07/27/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND B & G
BUILDERS, INC. FOR THE ANNEXATION OF APPROXIMATELY 32.93
ACRES OF LAND; 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, B & G Builders, Inc. 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
Corpus Christi and B & G Builders, Inc. a true copy of which contract is
SEP 2 S 1984
17740 MICROFILMED
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 32.93 acres of land out of Lot 8, Section
19, Bohemian Colony Lands, a map of which is recorded in
Volume A, Page 48, Map Records of Nueces County, Texas:
BEGINNING at the common corner of Lots 1, 2, 7, and 8,
said Section 19 for the South corner of this tract;
THENCE North 61° 32' 00" West, along the common boundary
line of said Lots 7 and 8, 1084.41 feet to the West
corner of this tract;
THENCE North 28° 28' 00" East, leaving said common
boundary line, 472.98 feet to an angle point of this
tract;
THENCE North 47° 34' 38" East 54.62 feet to an inside
corner of this tract and the point of curvature of a
circular curve to the right whose radius point bears
North 47° 34' 38" East 575.00 feet and which has a
central angle of 00° 50' 51", a radius of 575.00 feet, a
tangent distance of 4.25 feet and an arc length of 8.51
feet;
THENCE, along said circular curve to the right, 8.51 feet
to a corner of this tract;
THENCE North 48° 25' 32" East 150.00 feet to an inside
corner of this tract and the point of curvature of a
circular curve to the right whose radius point bears
North 48° 25' 32" East 425.00 feet and which has a
central angle of 01° 57' 13", a radius of 425.00 feet, a
tangent distance of 7.25 feet and an arc length of 14.49
feet;
THENCE, along said circular curve to the right, 14.49
feet to a corner of this tract;
THENCE North 50° 22' 45" East 150.00 feet to a corner of
this tract and the point of curvature of a circular curve
to the left whose radius point bears North 50° 22' 45"
East 275.00 feet and which has a central angle of 07° 42'
07", a radius of 275.00 feet, a tangent distance of 18.51
feet and an arc length of 36.97 feet;
THENCE, along said circular curve to the left, 36.97 feet
to an inside corner of this tract;
THENCE North 42° 40' 38" East 100.00 feet to an inside
corner of this tract and the point of curvature of a
circular curve to the right whose radius point bears
North 42° 40' 38" East 175.00 feet and which has a
central angle of 30° 21' 22", a radius of 175.00 feet, a
tangent distance of 47.47 feet and an arc length of 92.72
feet;
THENCE, along said circular curve to the right, 92.72
feet to the point of tangency;
THENCE North 16° 58' 00" West 381.52 feet to a point on
the Southeast boundary of a 160.00 foot wide City of
Corpus Christi drainage right-of-way for a corner of this
tract;
THENCE North 73° 02' 00" East, along the above mentioned
Southeast boundary line, 45.20 feet to the point of
curvature of a circular curve to the left whose radius
point bears North 16° 58' 00" West 367.97 feet and which
has a central angle of 11° 23' 00", a radius of 367.94
feet, a tangent distance of 36.67 feet and an arc length
of 73.10 feet;
THENCE, along said circular curve to the left, 73.10 feet
to the point of tangency.
THENCE North 61° 39' 00" East, continuing along said
Southeast boundary line of the drainage right-of-way,
24.17 feet to the North corner of this tract;
THENCE South 61° 32' 00" East, along the centerline of a
40.00 foot wide road (Cedar Pass Drive), same being the
North boundary line of said Lot 8, 1194.41 feet to the
East corner of said Lot 8, Section 19, the North corner
of said Lot 1, Section 19, and the East corner of this
tract;
THENCE South 29° 00' 00" West, along the common boundary
line of said Lots 1 and 8, Section 19, 1320.26 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.
1
ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NU.ECES
This Contract and Agreement made and entered into in duplicate
originals by and between B & G Builders, Inc., 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
good 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 32. 93 acres of land out of Lot 8, Section 19,
Bohemian Colony Lands, a map of which is recorded in
Volume A, Page 48, Map Records of Nueces County, Texas:
BEGINNING at the common corner of Lots 1, 2, 7 and 8, said
Section 19 for the South corner of this tract;
THENCE North 51°32'00" West, along the common boundary
line of said Lots 7 and 8, 1084.41 feet to the West corner of
this tract;
THENCE North 28°28'00" East,leaving said common boundary
line, 472. 98 feet to an angle point of this tract; •
THENCE North 47°34'38" East 54.62 feet to an inside corner
of this tract and the point of curvature of a circular curve to
the right whose radius point bears North 47°34'38" East
575.00 feet and which has a central angle of 00°50'51", a
radius of 575. 00 feet, a tangent distance of 4.25 feet and an
arc length of 8. 51 feet;
TrHENCE, along said circular curve to the right, 8. 51 feet
to a corner of this tract;
THENCE North 48°25'32" East 150. 00 feet to an inside corner
of this tract and the point of curvature of a circular curve to
the right whose radius point bears North 48°25'32" East
425.00 feet and which has a central angle of 01°57'13", a
radius of 425. 00 feet, a tangent distance of 7.25 feet and an
arc length of 14. 49 feet;
THENCE, along said circular curve to the right, 14.49 feet
to a corner of this tract;
THENCE North 50°22'45" East 150.00 feet to a corner of
this tract and the point of curvature of a circular curve to
the left chose radius point bears North 50°22'45" East
275.00 feet and which has a central angle of 07°42'07", a
radius of 275.00 feet, a tangent distance of 18. 51 feet and
an arc length of 36. 97 feet;
THENCE, along said circular curve to the left, 36. 97 feet to
an inside corner of this tract;
THENCE North 42°40'38" East 100. 00 feet to an inside corner
of this tract and the point of curvature of a circular curve to
the right whose radius point bears North 42°40'38" East
175.00 feet and which has a central angle ,of 30°21'22", a
radius of 175.00 feet, a tangent distance of 47.47 feet and an
arc length of 92. 72 feet;
THENCE, along said curcular curve to the right, 92. 72 feet
to the point of tangency;
THENCE North 16°58'00" West 381. 52 feet to a point on the
Southeast boundary of a 160.00 foot wide City of Corpus Christi
drainage right-of-way for a corner of this tract;
THENCE North 73°02'00" East, along the above mentioned
Southeast boundary line, 45. 20 feet to the point of curvature
of a circular curve to the left whose radius point bears
North 16°58'00" West 367. 97 feet and which has a central angle
of 11°23'00", a radius of 367. 94 feet, a tangent distance of
36. 67 feet and an arc length of 73.10 feet;
THENCE, along said circular curve to the left, 73.10 feet to the
point of tangency;
THENCE North 61°39'00" East, continuing along said Southeast
boundary line of the drainage right-of-way, 24.17 feet to the North
corner of this tract;
THENCE South 61°32'00" East, along the centerline of a 40.00
foot wide road (Cedar Pass Drive), same being' the North
boundary line of said Lot 8, 1194.41 feet to the East corner of
said Lot 8, Section 19, the North corner of said Lot 1,
Section 19, and the East corner of this tract;
THENCE South 29°00'00" West, along the common boundary line
of said Lots 1 and 8, Section 19, 1320. 26 feet to the Point of
Beginning.
It is agreed by and between the parties hereto that the aboNe-described
land and territory shall be included within the corporate boundaries of the City of
Corpus Christi, Telas, and shall become a party 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. The developer agrees to pay a sanitary sewer lot/acreage fee
in accordance with Ordinance No. 17396;
2. The developer agrees to pay a water lot/acreage fee in
accordance with Ordinance No. 17092;
3. The developer agrees to enter into a bridge agreement with
the City for a bridge at the point where Cedar Pass Drive
crosses the adjacent existing 160 -foot drainage right-of-way;
4. The developer agrees to execute a park contract that will
require the dedication of 2. 79 acres of land out of the
remaining 22. 95 acres contained in the preliminary plat
for park purposes. Such 2.79 acres shall not include any
drainageway area.
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:
W. E. Garrett, President
B&G Builders, Inc.
ATTEST:
City Secretary
APPROVED: (iv DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
,
Assistant City,- /orney
Edward A. Martin
City Manager
, 1983
By
Assistant City Manager
That the foregoing ordinance pAA ad for
second 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
first time and p ed to its
, 19 6,-, by the
That the foregoing ordinance Wkead for
third reading
on this the Tray of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoiryg ordinanc
on this thePirkday of
cond time and piased to its
, 19 0 , by the
"was read for the3: d time and passed finally
�
A�.rd , 19 , 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 � .ay of
ATTEST:
APPRQVED:
% _DAY OF
J. BRUCE AYC
By
,19f3:
TY ATTORNEY
orney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
17740
,192.