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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.