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HomeMy WebLinkAbout17802 ORD - 08/24/1983AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND BRYAN TUCKER AND HENRY TUCKER FOR THE ANNEXATION OF APPROXIMATELY 75.355 ACRES OF LAND OUT OF LOTS 2 AND 3, SECTION 19, BOHEMIAN COLONY LANDS, 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, Bryan Tucker and Henry Tucker are 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 August 3, 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 August 3, 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 'S@P 2 81984 1CROFILME© 17802 Corpus Christi and Bryan Tucker and Henry Tucker, 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 75.355 acres out of Lots 2 and 3, Section 19, 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 East corner of said Lot 2, Section 19, and the East corner of this tract; THENCE South 29° 03' 10" West, with said centerline, same being the Southeast boundary line of said Lots 2 and 3, 1389.74 feet for a corner of this tract; THENCE North 60° 57' 00" West, leaving said centerline, 40.00 feet for a corner of this tract and the point of curvature of a circular curve to the left whose radius point bears North 60° 57' 00" West 10.00 feet and which has a central angle of 90° 00' 00", a radius of 10.00 feet, a tangent distance of 10.00 feet and an arc length of 15.71 feet; THENCE, with said circular curve to the left, 15.71 feet for the paint of tangency; THENCE North 60° 57' 00" West 221.06 feet for the point of curvature of a circular curve to the left which has a central angle of 07° 39' 20", a radius of 5339.98 feet, a tangent distance of 357.28 feet and an arc length of 713.50 feet; THENCE, with said circular curve to the left, 713.50 feet for the point of tangency and the point of curvature of another circular curve to the left whose radius point bears South 21° 23' 40" West 10.00 feet and which has a central angle of 92° 20' 40", a radius of 10.00 feet, a tangent distance of 10.42 feet and an arc length of 16.12 feet; THENCE, with said circular curve to the left, 16.12 feet for the point of tangency; THENCE South 19° 03' 00" West 665.22 feet for the South corner of this tract; THENCE North 70° 57' 00" West 480.00 feet for a corner of this tract; THENCE North 75° 12' 00" West 235.00 feet for a corner of this tract; THENCE North 77° 57' 00" West 390.00 feet for the West corner of this tract; THENCE North 12° 03' 00" East 790.00 feet for a corner of this tract; THENCE South 77° 57' 00" East 140.00 feet for an inside corner of this tract; THENCE North 12° 03' 00" East 530.00 feet for a corner of this tract; THENCE South 77° 57' 00" East 660.00 feet for the point of curvature of a circular curve to the right which has a central angle of 16° 25' 00", a radius of 418.81 feet, a tangent distance of 60.41 feet and an arc length of 120.00 feet; THENCE, with said circular curve to the right, 120.00 feet for an inside corner of this tract; THENCE North 28° 28' 00" East 820.00 feet to a point on the Northeast boundary line of said Lot 2, Section 19 for the North corner of this tract; THENCE South 61° 32' 00" East, along said Northeast boundary, 1460.00 feet, for 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 Bryan Tucker and Henry Tucker, 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 75.355 acres out of Lots 2 and 3, Section 19, 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 East corner of said Lot 2, Section 19, and the East corner of this tract; "THENCE South 29°03'10" West, with said centerline, same being the Southeast boundary line of said Lots 2 and 3, 1389. 74 feet for a corner of this tract; THENCE North 60°57'00" West, leaving said centerline, 40.00 feet for a corner of this tract and the point of curvature of a circular curve to the left whose radius point bears North 60°57'00" West 10. 00 feet and which has a central angle of 90°00'00", a radius of 10. 00 feet, a tangent distance of 10. 00 feet and an arc length of 15. 71 feet; THENCE, with said circular curve to the left, 15.71 feet for the point of tangency; THENCE North 60°57'00" West 221. 06 feet for the point of curvature of a circular curve to the left which has a central angle of 07°39'20", a radius of 5339.98 feet, a tangent distance of 357.28 feet and an arc length of 713. 50 feet; • THENCE, with said circular curve to the left, 713. 50 feet for the point of tangency and the point of•curvature of another circular curve to the left whose radius point bears South 21°23'40" West 10.00 feet and which has a central angle of 92°20'40", a radius of 10. 00 feet, a tangent distance of 10.42 feet and an arc length of 16.12 feet; THENCE, with said circular curve to the left, 16. 12 feet for the point of tangency; THENCE South 19°03'00" West 665.22 feet for the South corner of this tract; THENCE North 70°57'00" West 480. 00 feet for a corner of this tract; THENCE North 75°12'00" West 235.00 feet for a corner of this tract; THENCE North 77057'00" West 390. 00 feet for the West corner of this tract; . THENCE North 12°03'00" East 790.00 feet for a corner -of this tract; THENCE South 77°57'00" East 140. 00 feet for an inside corner of this tact; THENCE North 12003'00" East 530. 00 feet for a corner of this tract; THENCE South 77°57'00" East 660. 00 feet for the point of curvature of a circular curve to the right which has a central angle of 16°25'00", a radius of 418. 81 feet, a tangent distance of 60.41 feet and an arc length of 120. 00 feet; THENCE, with said circular curve to the right, 120. 00 feet for an inside corner of this tract; THENCE North 28°28'00" East 820. 00 feet to a point on the North- east boundary line of said Lot 2, Section 19 for the North corner of this tract; THENCE South 61°32'00' East, along said Northeast boundary, 1, 460. 00 feet, for 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: I. The owners agree to pay a sanitary sewer lot/acreage fee in accordance with Ordinance No. 17396; 2. The owners agree to pay a water lot/acreage fee in accordance with Ordinance No. 17092; 3. The owners agree to dedicate an additional twenty foot (20') of right-of-way along the west side of Everhart Road and construct one-half the street improvements including curb, gutter, drainage and sidewalks. The City will participate with the owners, subject to funds being available, for the cost of paving items only on Everhart Road in excess of two inches (2") of hot mix asphalt, eight inches (8") of caliche base and six inches (6") compacted subgrade; 4. The owners agree to dedicate one hundred twenty feet (120') of right-of-way for Yorktown Boulevard. Subjed to funds being available, the City will participate with owners to construct Yorktown Boulevard to the ultimate section in accordance with the Transportation Master Plan. In any event, the owners shall be obligated towards the construction of Yorktown Boulevard to the minimum Platting Ordinance requirement of 60 feet of paving which indudes curbs and gutters; 5. The owners agree to execute a park contract that will require the dedication of 12. 98 acres of land out of the remaining 259. 685 acres contained in the preliminary plat for park purposes. Such 12. 98 acres shall not include any drainageway or wetlands 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 12th day of July , 1983. ATTEST: Bryan ucke r ATTEST: City Secretary APPROVED: (s7 DAY OF J. BRUCJAYCO K, CITY ATTOR By. Assistant city ne y Edward A. Martin City Manager By , 1983: .Assistant City Manager THE STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned authority, appeared HENRY TUCKER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that hp executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this 12th day of July, 1983. THE STATE OF TEXAS COUNTY OF NUECES &LA, / STATE OF TEXA: Notary Public in and for Carole R. Ard My Commission expires: 10-5-85 BEFORE ME, the undersigned authority, appeared BRYAN TUCKER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this 13th day of July, 1983. Notary Public in and for STATE OF TEXAS Carole R. Ard My Commission expires: 10-5-85 of x 9 • ScatE:1 Y / • J ' ND 1 / That the foregoing ordinance wn read for t first ti +e and ppwed to its second reading on this the 1O ay of � , 19Y , 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 was read for a second time and passed , 19.15;3_, following vote: third reading on this the 114. day of Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky to its by the That the foregojpg ordinancwas read for the t„iird time and passed finally on this the ( '+'Hay of � : �� , 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 02fol'pday of � , 19 J 3 . ATTEST: APPROVED: /t) DAY OF 6 , .140: J. BRUCE AYCOCK, CITY ATTORNEY MAYOR THE CITY "OF CORPUS CHRISTI, TEXAS 17802