HomeMy WebLinkAbout17757 ORD - 08/03/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND JACK RYAN
FOR THE ANNEXATION OF APPROXIMATELY 41.83 ACRES OF LAND
KNOWN AS WILLOWICK ADDITION 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, Jack Ryan 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 13, 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
June 15, 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
17757
SEP 2 S 1984
MICROFILMED
Corpus Christi and Jack Ryan 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 41.83 acres (not based on an on the ground
survey) of land out of Lots 2 and 5, Section 11, Bohemian
Colony Lands, a map of which is recorded in Volume A,
Page 48, Map Records of Nueces County, Texas:
BEGINNING at a point on the centerline of Everhart Road
for the South corner of said Lot 2 and the South corner
of this tract from which corner the East subdivision
corner of Breckenridge Unit 1, a map of which is recorded
in Volume 46, Pages 131 and 132 of said Map Records bears
North 61° 32' 00" West 40.00 feet;
THENCE North 61° 32' 00" West, at 40.00 feet pass the
above mentioned East subdivision corner and continuing
with the Northeast boundaries of said Breckenridge Unit
1, Breckenridge Unit 2, a map of which is recorded in
Volume 46, Pages 137 and 138 of said Map Records and the
Southwest boundary of said Lot 5, in all a distance of
2952.09 feet, for the West corner of this easement;
THENCE North 61° 39' 00" East 675.82 feet for the point
of curvature of a circular curve to the left which has a
central angle of 16° 16' 20" a radius of 367.94 feet, a
tangent distance of 52.60 feet and an arc length of
104.50 feet;
THENCE with said circular curve to the left, 104.50 feet
for the North corner of this tract;
THENCE South 61° 32' 00" East 2545.21 feet to a point on
the aforementioned centerline of Everhart Road for the
East corner of this tract;
THENCE South 29° 05' 00" West, with said centerline,
660.00 feet, more or less, 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
This Contract and Agreement made and entered into in duplicate originals
by and between Jack Ryan, 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 consider-
ation in hand received by the parties respectively and upon the covenants and
conditions hereafter stated.
W I T N E S S E T 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 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:
FIELONOTES for 41.83 acres (not based on an on the ground survey)
of land out of Lots 2 and 5, Section 11, Bohemian Colony Lands,
a map of which is recorded in Volume A, Page 48, Map Records of
Nueces County, Texas:
BEGINNING at a point on the centerline of Everhart Road for the
South corner of said Lot 2 and the South corner of this tract
from which corner the East subdivision corner of Breckenridge
Unit 1, a map of which is recorded in Volume 46, Pages 131 and
132 of said Map Records bears North 61°32'00" West 40.00 feet;
THENCE North 61032'00" West, at 40.00 feet pass the above mentioned
East subdivision corner and continuing with the Northeast boundaries
of said Breckenridge Unit 1, Breckenridge Unit 2, a map of which
is recorded in Volume 46, Pages 137 and 138 of said Map Records
and the Southwest boundary of said Lot 5, in all a distance of
2952.09 feet, for the West corner of this easement;
THENCE North 61°39'00" East 675.82 feet for the point of curvature
of a circular curve to the left which has a central angle of
16°16'20" a radius of 367.94 feet, a tangent distance of 52.60
feet and an arc length of 104.50 feet;
THENCE with said circular curve to the left, 104.50 feet for the
North corner of this tract;
THENCE South 61°32'00" East 2545.21 feet to a point on the afore-
mentioned centerline of Everhart Road for the East corner of
this tract;
THENCE South 29°05'00" West, with said centerline, 660.00 feet,
more or less, to the POINT OF BEGINNING.
Eub. "n`
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, Owners and City will perform the
following conditions:
1. Developer agrees to pay a sanitary sewer lot acreage fee in
accordance with Ordinance No. 17396;
2. Developer agrees to pay a water system lot acreage fee in
accordance with Ordinance No. 17092;
3. Developer agrees to dedicate twenty (20) feet of right-of-way
for Everhart Road;
4. Developer agrees to enter into a contract to construct a bridge
crossing the 160' drainage right-of-way;
5. Developer agrees to dedicate 2.09 acres of land for park
purposes;
6. City agrees to commence provision of fire, police, health,
sanitation and other usual city services after the effective
date of annexation;
7. City agrees to accept sewer, street 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 , 1983.
ATTEST:
ck Ryan, Owner
ATTEST:
City Secretary
Edward A. Martin, City Manager
APPROVED: DAY OF , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
Page 2 of 2
scol: 800,
EX k -k11-3 A"
That the foregoing ordinance_20=.i�g,tt read�for (p fjrst `_ime and r-4ed to its
second reading
on this the ^day of 19 20', by the
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
That the foregoing ordinance ajead for
third reading on this the % y of
following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
cond time and passed to its
, 19 , by the
That the for of g ordinanwas read f = the ttYird time and passed finally
on this the day of ,, 19 b 3 , by the following vote:
jOr 1
i
/1 /
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:
dad of
, 19 P.
Secretary
APPROVED:
7_7 DAY OF , 19S__3:
J. BRUCE AYCOCK, Y ATTORNEY
By
Assistant City A
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
17'757