HomeMy WebLinkAbout17758 ORD - 08/03/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ROGER
SEAMAN FOR THE ANNEXATION OF APPROXIMATELY 44.59 ACRES OF
LAND KNOWN AS SOUTHFORK UNIT 2 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, Roger Seaman 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
July 13, 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
7758
(SEP d 81984
MICROFILMED
Corpus Christi and Roger Seaman 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 44.59 acres of land out of Lot 30, Section
27, Lots 3, 4, 5, 5A, 6 and 6A, Section 26, Flour Bluff
and Encinal Farm and Garden Tracts, a map of which is
recorded in Volume A, Pages 41, 42, and 43, Map Records
of Nueces County, Texas:
BEGINNING at a point, the intersection of the present
City Limit line and the Northeast line of a 100 foot
drainage right-of-way acquired by Nueces County and filed
for record in Volume 784, Page 275, Nueces County Deed
Records, Nueces County, Texas, for a corner of this
tract;
THENCE South 29° 54' 40" West along the Northeast line of
said 100 foot drainage right-of-way, at 99.00 feet, more
or less, pass the North line of a 40.00 foot road
(dedicated but not open), at 136.00 feet, more or less,
pass the common line between Lot 30, Section 27 and Lot
3, Section 26, Flour Bluff and Encinal Farm and Garden
Tracts, in all a distance of 181.00 feet, more or less,
to a point on the South line of said 40.00 foot
right-of-way and on the common line between Lots 3 and 4,
Section 26, Flour Bluff and Encinal Farm and Garden
Tracts for a corner;
THENCE North 61° 03' 50" West along the South line of
said 40.00 foot right-of-way which is 20 feet from and
parallel to the common line between Lot 30, Section 27
and Lot 3, Section 26, Flour Bluff and Encinal Farm and
Garden Tracts, a distance of 195.00 feet, more or less,
to a point on the Southwest line of said 100 foot
drainage right-of-way for a corner;
THENCE along the Southwest boundary line of said 100.00
foot wide drainage right-of-way, the following bearings
and distances: South 29° 53' 50" East 269.09 feet; South
47° 53' 50" East 355.50 feet; South 40° 53' 50" East
333.81 feet; and South 31° 53' 50" East 981.73 feet for
the East corner of this survey;
THENCE South 58° 56' 10" West 360.87 feet for the lower
South corner of this survey;
THENCE North 31° 03' 50" West 624.04 feet for an inside
corner of this survey;
THENCE South 58° 56' 10" West 200.39 feet for the point
of curvature of a circular curve to the left which has a
central angle of 30° 10' 35", a radius of 185.46 feet, a
tangent distance of 50.00 feet and an arc length of 97.68
feet;
THENCE with said curve to the left, 97.68 feet for the
point of tangency;
THENCE South 28° 45' 35" West 241.82 feet to a point for
the common corner of Lots 4, 5A, 11, 12, Section 26 and
the upper South corner of this survey;
THENCE North 60° 58' 20" West, along the Southwest
boundary line of said Lots 3, 4, and the Northwest
boundary line of Lots 12, 13, 1322.68 feet to a point on
the Southeast boundary line of Lot 1, Block 3, South Fork
Subdivision, a map of which is recorded in Volume 47,
Pages 118, 119, 120, 121 of said map records for a corner
of said Lot 1 and the West corner of this survey;
THENCE North 28° 45' 35" East along the Southeast
boundary line of Lot 1, Block 3 and Lot 4R, Block 1,
South Fork Subdivision, the same being the Northwest line
of Lot 3, Section 26, Flour Bluff and Encinal Farm and
Garden Tracts, at 1300.00 feet, more or less, pass the
South line of said 40.00 foot right-of-way, at 1320.82
feet, more or less, pass the Northeast corner of said Lot
4R, Block 1, South Fork Subdivision, in all a distance of
1340.82 feet, more or less, to a point on the North line
of said 40.00 foot right-of-way for a corner;
THENCE South 61° 03' 50" East along the North line of
said 40.00 foot right-of-way, a distance of 424.91 feet,
more or less, to a point on the Southwest line of said
100 foot drainage right-of-way for a corner;
THENCE North 29° 54' 40" West along the Southwest line of
said 100 foot drainage right-of-way a distance of 136.00
feet, more or less, to a point on the present City Limit
line for a corner;
THENCE South 61° 03' 50" East along said present City
Limit line, a distance of 190.00 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 County Creek, Inc. hereinafter called "owner", and the City of
Corpus Christi, Texas, a home -rule city of more than 200,000 population, a munici-
pal 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 particulary described as follows, to -wit:
FIELDNOTES for 44.59 acres of land out of Lot 30, Section 27, Lots
3, 4, 5, 5A, 6 and 6A, Section 26, Flour Bluff and Encinal Farm
and Garden Tracts, a map of which is recorded in Volume A, Pages
41, 42 and 43, Map Records of Nueces County, Texas:
BEGINNING at a point, the intersection of the present City Limit
line and the Northeast line of a 100 foot drainage right-of-way
acquired by Nueces County and filed for record in Volume 784, Page
275, Nueces County Deed Records, Nueces County, Texas, for a corner
of this tract;
THENCE South 29°54'40" West along the Northeast line of said 100
foot drainage right-of-way, at 99.00 feet, more or less, pass the
North line of a 40.00 foot road (dedicated but not open), at 136.00
feet, more or less, pass the common line between Lot 30, Section
27 and Lot 3, Section 26, Flour Bluff and Encinal Farm and Garden
Tracts, in all a distance of 181.00 feet, more or less, to a point
on the South line of said 40.00 foot right-of-way and on the common
line between Lots 3 and 4, Section 26, Flour Bluff and Encinal Farm
and Garden Tracts for a corner;
THENCE North 61°03'50" West along the South line of said 40.00 foot
right -of -•ray which is 20 feet from and parallel to the common line
between Lot 30, Section 27 and Lot 3, Section 26, Flour Bluff and
Encinal Farm and Garden Tracts, a distance of 195.00 feet, more or
less, to a point on the Southwest line of said 100 foot drainage
right-of-way for a corner;
THENCE along the Southwest boundary line of said 100.00 foot wide
drainage right-of-way, the following bearings and distances:
South 29°53'50" East 269.09 feet; South 47°53'50" East 355.50
feet; South 40°53'50" East 333.81 feet; and South 31°53'50" East
981.73 feet for the East corner of this survey;
THENCE South 58°56'10" West 360.87 feet for the lower South corner
of this survey;
THENCE North 31°03'50" West 624.04 feet for an inside corner of
this survey;
•
THENCE South 58°56'10" West 200.39 feet for the point of curvature
of a circular curve to the left which has a central angle of 30°10'35",
a radius of 185.46 feet, a tangent distance of 50.00 feet and an arc
length of 97.68 feet;
THENCE with said curve to the left, 97.68 feet for the point of
tangency;
THENCE South 28°45'35" West 241.82 feet to a point for the common
corner of Lots 4, 5A, 11, 12, Section 26 and the upper South corner
of this survey;
THENCE North 60°58'20" West, along the Southwest boundary line of
said Lots 3, 4 and the Northwest boundary line of Lots 12, 13, 1322.68
feet to a point on the Southeast boundary line of Lot 1, Block 3,
South Fork Subdivision, a map of which is recorded in Volume 47,
Pages 118, 119, 120, 121 of said map records for a corner of said
Lot 1 and the West corner of this survey;
THENCE North 28°45'35" East along the Southeast boundary line of
Lot 1, Block 3 and Lot 4R, Block 1, South Fork Subdivision, the
same being the Northwest line of Lot 3, Section 26, Flour Bluff
and Encinal Farm and Garden Tracts, at 1300.00 feet, more or less,
pass the South line of said 40.00 foot right-of-way, at 1320.82
feet, more or less, pass the Northeast corner of said Lot 4R,
Block 1, South Fork Subdivision, in all a distance of 1340.82 feet,
more or less, to a point on the North line of said 40.00 foot
right-of-way for a corner;
THENCE South 61°03'50" East along the North line of said 40.00 foot
right-of-way, a distance of 424.91 feet, more or less, to a point
on the Southwest line of said 100 foot drainage right-of-way for a
corner;
THENCE North 29°54'40" West along the Southwest line of said 100
foot drainage right-of-way a distance of 136.00 feet, more or less,
to a point on the present City Limit line for a corner;
THENCE South 61°03'50" East along said present City Limit line, a
distance of 190.00 feet, more or less, 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 pay a sanitary sewer lot/acreage fee in
accordance with Ordinance No. 17396;
2. Developer agrees to pay a water lot/acreage fee in accordance
with Ordinance No. 17092, and install a water distribution
system in accordance with the City Distribution System Standards;
3. Developer agrees to dedicate the required drainage right-of-way
for the drainage channel through the subdivision prior to the
plat of the area contained in this contract being filed for record;
Page 2 of 3
4. Developer agrees to enter into a bridge agreement with the City
to construct a bridge crossing the drainage right-of-way to
address all of the Developer's land inside and outside the City
Limits;
5. Developer agrees to dedicate 10.8 acres of land for park purposes
which is in accordance with the park contract. The location of
the park shall not encompass a drainageway;
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:
County Creek, Inc.
Roger J. Seaman, Jr., President
ATTEST:
City Secretary Edward A. Martin, City Manager
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
, 1983:
By By
Assistant City Attorney Assistant City Manager
Page 3 of 3
That the foregoing ordinance was read for
second reading on this the c 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 wied to its
, 19a, , by the
That the foregoing ordinance wa,5, read for
third reading on this the ,127/74 -day 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 foreg ing/ ordinance
on this the (day of
cond time anda sed to its
, 190_ , by the
read for the jird time and passed finally
, 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 34 day of
ATTEST:
, 19 13.
ecretar
APPROVED:
74 DAY OF
J. BRUCE AYC
By
Assistant Ci
1 3 :
TY ATTORNEY
411r -
Cit
`/%orney
MAYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
17`7,'58