HomeMy WebLinkAbout17830 ORD - 09/14/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRISTAR
DEVELOPMENT, INC. FOR THE ANNEXATION OF APPROXIMATELY
46.68 ACRES OF LAND OUT OF LOTS 20, 21, 22, 28, AND 29,
SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, 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, Tristar Development, 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 August 24, 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 24, 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
`7 b 3� SEP'2 81984
MICROFILMED
Corpus Christi and Tristar Development, Inc., 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 proposed annexation of 46.68 acres of land
out of Lots 20, 21, 22, 28, and 29, Section 5, Flour
Bluff and Encinal Farm and Garden Tracts, a map of which
is recorded in Volume A, Pages 41, 42, and 43, Map
Records, Nueces County, Texas:
BEGINNING at a point on the South R.O.W. line of County
Road No. 26-A for the North corner of this tract, the
same being the East corner of Lot 69, Block 4, Club
Estates Unit 3, a map of which is recorded in Volume 44,
Pages 25-27 of said Map Records;
THENCE South 61°00'45" East, with said R.O.W. line of
County Road No. 26-A (Snowgoose Road), 330.67 feet to a
corner of this tract;
THENCE South 29°02'00" West, leaving said R.O.W. line, a
distance of 1291.48 feet for an inside corner of said
Inverness Unit A and a corner of this tract;
THENCE North 61°02'50" West, continuing with said
Northwest subdivision line, 70.67 feet for a subdivision
corner of said Inverness Unit A and an inside corner of
this tract;
THENCE South 29°02'00" West, continuing with said
Northwest subdivision line, 108.33 feet for the West
subdivision corner of Inverness Unit A and a corner of
this tract;
THENCE South 44°28'10" East, with the Southwest
subdivision line of said Inverness Unit A, 145.34 feet
for an angle point of said Inverness Unit A and of this
tract;
THENCE South 23°27'43" East, continuing with said
Southwest subdivision line, 50.00 feet to a corner of
said Inverness Unit A, a corner of this tract and the
point of curvature of a circular curve to the left whose
radius point bears North 23°27'43" West 225.67 feet and
which has a central angle of 17°53'10", a radius of
225.67 feet, a tangent distance of 35.51 feet and an arc
length of 70.45 feet;
THENCE, along said circular curve to the left, 70.45 feet
for an inside corner of said Inverness Unit A and a
corner of this tract;
THENCE South 60°58'00" East, continuing with said
Southwest subdivision line, 698.77 feet to a point on the
Southeast subdivision line of said Inverness Unit A, same
being the Northwest boundary line of a City of Corpus
Christi drainage easement as recorded in File No. 287475
of the Deed Records of Nueces County, Texas, for the
South corner of said Inverness Unit A, an inside corner
of this tract and the point of curvature of a circular
curve to the right, which has a central angle of
03°16'45", a radius of 821.41 feet, a tangent distance of
23.51 feet and an arc length of 47.01 feet;
THENCE, along said circular curve to the right, with the
common boundary line between said Inverness Unit A and
said drainage easement, 47.01 feet to the point of
tangency;
THENCE South 29°02'00" West, continuing with the common
boundary line between said drainage easement and
Crossgate, 721.38 feet to the point of curvature of a
circular curve to the right whose radius point bears
North 60°58'00" West 292.51 feet and which has a central
angle of 43°25'10", a radius of 217.51 feet, a tangent
distance of 86.60 feet and an arc length of 164.83 feet;
THENCE, with said circular curve to the right, 164.83
feet to the point of tangency;
THENCE, South 72°27'10" West, continuing with said common
boundary line, a distance of 190.01 feet to the point of
curvature of a circular curve to the right whose radius
point bears North 17°32'50" West 348.81 feet and which
has a central angle of 46°30'00" a radius of 244.39 feet,
a tangent distance of 105.00 feet and an arc length of
198.34 feet;
THENCE, with said circular curve to the right, along the
Southeast boundary of said drainage easement, 198.39 feet
to a point;
THENCE North 61°02'50" West, with the Northeast boundary
line of said drainage easement, 330.71 feet to the point
of beginning of a corner to the left whose central angle
is 19°58'45", a radius of 380.72 feet, a tangent distance
of 67.06 feet, and an arc length of 132.76 feet;
THENCE, with said circular curve to the left, 132.76 feet
to the point of tangency;
THENCE North 81°02'35" West 137.81 feet to a point on the
Northeast boundary line of Lot 4, said Section 6 for the
West corner of this Tract;
THENCE North 61°02'50" with said Northeast line of Lot 4,
Section 6, a distance of 212.47 feet to a point for a
corner;
THENCE North 29°02'00" East, with the common boundary
line of said Lots 3 and 4, Section 6, at 30.00 feet pass
the common corner of said Lots 3 and 4, Section 6, Lot 29
and 30, Section 5, same being the South corner of the
aforementioned Club Estates Unit 3, and continuing with
the common boundary line between said Club Estates Unit 3
and Lots 29 and 20, Section 5, in all a distance of
2613.16 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.
ANNEXATION CONTRACT
THE STATE OF TEXAS X
COUNTY OF NUECES X
This Contract and Agreement made and entered into in duplicate originals
by and between Tristar Development, Inc., hereinafter called "owners", 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 owners are owners 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 proposed annexation of 46.68 acres of land out of
Lots 20, 21, 22, 28, and 29, Section 5, 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 on the South R.O.W. line of County Road No.
26-A for the North corner of this tract, the same being the East
corner of Lot 69, Block 4, Club Estates Unit 3, a map of which is
recorded in Volume 44, Pages 25-27 of said Map Records;
THENCE South 61°00'45" East, with said R.O.W. line of County Road
No. 26-A (Snowgoose Road), 330.67 feet to a corner of this tract;
THENCE South 29°02'00" West, leaving said R.O.W. line, a distance
of 1291.48 feet for an inside corner of said Inverness Unit A and
a corner of this tract;
THENCE North 61°02'50" West, continuing with said Northwest subdi-
vision line, 70.67 feet for a subdivision corner of said Inverness
Unit A and an inside corner of this tract;
THENCE South 29°02'00" West, continuing with said Northwest subdi-
vision line, 108.33 feet for the West subdivision corner of Inverness
.Unit A and a corner of this tract;
THENCE South 44°28'10" East, with the Southwest subdivision line of
said Inverness Unit A, 145.34 feet for an angle point of said
Inverness Unit A and of this tract;
Eb.' '
THENCE South 23°27'43" East, continuing with said Southwest
subdivision line, 50.00 feet to a corner of said Inverness Unit A,
a corner of this tract and the point of curvature of a circular
curve to the left whose radius point bears North 23°27'43" West
225.67 feet and which has central angle of 17°53'10", a radius
of 225.67 feet, a tangent distance of 35.51 feet and an arc length
of 70.45 feet;
THENCE, along said circular curve to the left, 70.45 feet for an
inside corner of said Inverness Unit A and a corner of this tract;
THENCE South 60°58'00" East, continuing with said Southwest subdi-
vision line, 698.77 feet to a point on the Southeast subdivision
line of said Inverness Unit A, same being the Northwest boundary
line of a City of Corpus Christi drainage easement as recorded in
File No. 287475 of the Deed Records of Nueces County, Texas for
the South corner of said Inverness Unit A, an inside corner of this
tract and the point of curvature of a circular curve to the right,
which has a central angle of 03°16'45", a radius of 821.41 feet, a
tangent distance of 23.51 feet and an arc length of 47.01 feet;
THENCE, along said circular curve to the right, with the common
boundary line between said Inverness Unit A and said drainage
easement, 47.01 feet to the point of tangency;
THENCE South 29°02'00" West, continuing with the common boundary
line between said drainage easement and Crossgate, 721.38 feet to
the point of curvature of a circular curve to the right whose radius
point bears North 60°58'00" West 292.51 feet and which has a central
angle of 43°25'10", a radius of 217.51 feet, a tangent distance of
86.60 feet and an arc length of 164.83 feet;
THENCE, with said circular curve to the right, 164.83 feet to the point
of tangency;
THENCE South 72°27'10" West, continuing with said common boundary
line, a distance of 190.01 feet to the point of curvature of a
circular curve to the right whose radius point bears North 17°32'50"
West 348.81 feet and which has a central angle of 46°30'00" a radius
of 244.39 feet, a tangent distance of 105.00 feet and an arc length
of 198.34 feet;
THENCE, with said circular curve to the right, along the Southeast
boundary of said drainage easement, 198.39 feet to a point;
THENCE North 61°02'50" West, with the Northeast boundary line of
said drainage easement, 330.71 feet to the point of beginning of a
corner to the left whose central angle is 19°58'45", a radius of
380.72 feet, a tangent distance of 67.06 feet, and an arc length of
132.76 feet;
THENCE, with said circular curve to the left, 132.76 feet to the
point of tangency;
THENCE North 81°02'35" West 137.81 feet to a point on the Northeast
boundary line of Lot 4, said Section 6 for the West corner of this
Tract;
THENCE North 61°02'50" with said Northeast line of Lot 4, Section 6,
a distance of 212.47 feet to a point for a corner;
THENCE North 29°02'00" East, with the common boundary line of said
Lots 3 and 4, Section 6, at 30.00 feet pass the common corner of said
Lots 3 and 4, Section 6, Lot 29 and 30, Section 5, same being the
South corner of the aforementioned Club Estates Unit 3, and continuing
with the common boundary line between said Club Estates Unit 3 and
Lots 29 and 20, Section 5, in all a distance of 2613.16 feet 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, Owners and City will perform the
following conditions:
1. The Developer agrees to pay to the City a water lot/acreage
fee in accordance with Ordinance No. 17092, and install a
water distribution system in accordance with the City Water
Distribution System Standards.
2. The Developer agrees to dedicate and construct the portion
of Snowgoose Road adjacent to Inverness Unit B in conjunction
with the development of any portion of Inverness Unit B.
3. The Developer agrees to participate towards the construction
of a bridge crossing the existing drainage ditch at a location
between Sun Ridge Drive and Ridge Stone Drive, the exact
location to be determined at the time that the tract to the
southwest develops; all in accordance with the City Platting
Ordinance.
4. The Developer agrees to pay to the City $150.00 per lot for
the sanitary sewer system within 30 days after each individual
lot is sold in accordance with an Agreement authorized by
Ordinance No. 16462, dated August 21, 1981.
5. The Developer agrees to provide adequate offsite drainage to
the tract, subject to approval from the City Engineer.
6. The Developer agrees to comply with all other provisions of
the City Platting Ordinance.
7. City agrees to commence provision of fire, police, health,
sanitation and other usual city services after the effective
date of annexation.
8. 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.
i7ITNESS OUR HANDS, this the day of , 1983.
ATTEST:
William B. Pruet, Jr., Vice -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
That the foregoing ordinance was read for th first time and p sed to its
second reading on this the 31 day of pea*, 19 15j, by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinancwie read fo
third reading on this the j'7' -day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the fore ing ordinanc
on this the /P day of
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
se and im and p ed to its
, 19 , by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
read for the third time and passed finally
, 19 , by the following vote:
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
PASSED AND APPROVED, this the / day of
ATTEST:
Secretary MAYOR
APP D:
DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
THE CITY OF CORPUS CHRISTI, TEXAS