HomeMy WebLinkAbout17804 ORD - 08/24/1983AN ORDINANCE
ANNEXING A 75.355 ACRE TRACT OF LAND KNOWN AS THE LAKES
UNITS 1 AND 4; AND DECLARING AN EMERGENCY.
WHEREAS, on the 3rd day of August, 1983, a public hearing was duly
held at the Regular 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 a parcel or tract of land more fully
described hereinafter, in Nueces County, Texas, 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 on August 3, 1983; and
WHEREAS, the owner of the above lands are desirous of contracting
with the City for annexation of said territory to the City of Corpus Christi;
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 area hereinafter more fully described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the tract or parcel of land as set forth in
Exhibit "A" attached, being a copy of annexation contract between the City of
Corpus Christi and Bryan Tucker and Henry Tucker, is hereby annexed, said
parcel or tract being more fully 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;
17804
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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 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.
The above described area shall hereafter be a part of the City of
Corpus Christi, Texas, and shall be subject to the general laws of the State
of Texas, the City Charter, and the ordinances, resolutions, motions and
regulations of the City of Corpus Christi, Texas, and the ordinances,
resolutions, laws, rules and regulations of the City of Corpus Christi, to
all intents and purposes as the present City of Corpus Christi is so subject,
and subject to all the rights, privileges and burdens thereof.
SECTION 2. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance shall be held invalid or
unconsitutional 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.
SECTION 3. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need for
immediate annexation of the aforementioned land being in the best interest of
the City, such finding of an emergency is made and declared requiring
suspension of the Charter rule as to consideration and voting upon ordinances
or resolutions at three
shall take effect upon first reading as an emergency measure this the
day of August, 1983.
ATTEST:
regular meetings so that this ordinance is passed and
ecretary
APPROVED: "2.--3 DAY OF AUGUST, 1983
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City
MAYOR
i5f-*1
THE CITY OF CORPUS CHRISTI, TEXAS
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;
EXb."fl'
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 ofcurvature 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 diance of 10. 42
feet and an arc length of 16. 12 feet;
T7 -=CE, 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 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 trail;
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:
1. 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. Subject 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 includes 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
ATTEST:
B ryanj ucke r
ATTEST:
City Secretary
APPROVED:
D., -^,Y OF
J. BRUC AYCOK, CITY ATTOR
H'J
AssiSi.an i
ney
July , 198:
Edward A. Martin
City Manager
, 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
l• executed the sante for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this 12th day of July, 1983.1
/\•
THE STATE OF TEXAS
COUNTY OF NUECES
Notary Public in and for STATE OF TEXA
i' 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
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CorpusChristi, Tex
1 day of
, 198,3
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance
or resolution, an emergency exists requiring suspension of the Charter rule
as to consideration and voting upon ordinances or resolutions at three
regular meetings; I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
the
following
vote:
17804
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I
BEL 853 IMacE2252
3364'76
AN ORDINANCE
ANNEXING A 75.355 ACRE TRACT OF LAND KNOWN AS THE LAKES
UNITS 1 AND 4; AND DECLARING AN EMERGENCY.
WHEREAS, on the 3rd day of August, 1983, a public hearing was duly
held at the Regular 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 a parcel or''tract of land more fully
described hereinafter, in Nueces County, Texas, 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 on August 3, 1983; and
WHEREAS, the owner of the above lands are desirous of contracting
with the City for annexation of said territory to the City of Corpus Christi;
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 area hereinafter more fully described:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the tract or parcel of land as set forth in
Exhibit "A" attached, being a copy of annexation contract between the City of
Corpus Christi and Bryan Tucker and Henry Tucker, is hereby annexed, said
parcel or tract being more fully 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;
17804
DEED RECORDS
VOL 1884PAGE 693