HomeMy WebLinkAbout17954 ORD - 12/01/1983AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TIM CLOWER,
R. C. ALLEN, AND DIOCESE OF CORPUS CHRISTI FOR THE
ANNEXATION OF APPROXIMATELY 88.24 ACRES OF LAND OUT OF LOTS
8, 9, 10, 11, 22, 23, AND 24, SECTION 11, 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, Tim Clower, R. C. Allen, and the Diocese of Corpus Christi 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 November 16, 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 November 16, 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 Corpus
Christi and Tim Clower, R. C. Allen, and Diocese of Corpus Christi, a true copy
of which contract is attached hereto and by this reference incorporated herein
17954 -
t86L 8 z d3S
MICROFILMED
for all purposes, including exhibits thereto, as though fully set forth herein,
for annexation of land and territory described as follows:
Tract 1
FIELDNOTES for 88.24 acres of land out of Lot 8, 9, 10, 11,
22, 23, and 24, Section 11, Flour Bluff and Encinal Farm and
Garden Tracts, a map of which is recorded in Volume A, Pages
41-43, Map Records of Nueces County, Texas:
BEGINNING at a 11 inch iron pipe found in the centerline of
County Road No. 13 (Cimmaron Road) for the common corner of
Lots 24 and 25, said Section 11 and Lots 17 and 32, Section
20, said Flour Bluff and Encinal Farm and Garden Tracts and
the South corner of this tract;
THENCE North 61°07'45" West, along the common boundary line
of said Lots 22, 23, and 24, Lots 25-27, said Section 11,
1983.14 feet to the common corner of said Lots 21, 22, 27,
and 28, Section 11, and the West corner of this tract;
THENCE North 28°55'05" East, along the common boundary line
of said Lots 11 and 22 and Lots 12 and 21, said Section 11,
1955.68 feet to the North corner of this tract;
THENCE South 61°02'30" East, leaving said common boundary
line between said Lots 11 and 12, 1534.51 feet to a corner
of this tract;
THENCE South 28°57'30" West 260.00 feet to an inside corner
of this tract;
THENCE South 61°02'30" East 410.00 feet, to an inside corner
of this tract;
THENCE North 28°57'30" East, parallel to the centerline of
County Road No. 13 (Cimmaron Road) thereof and 40.00 feet
distant therefrom, measured at right angles thereto, 2108.99
feet to a point on the Southwest flared right-of-way of
Saratoga Boulevard for a corner of this tract;
THENCE South 34°28'36" East, along said flared right-of-way,
44.72 feet, to a point on the centerline of said County Road
No. 13 for the East corner of this tract from which corner a
drill hole found at the centerline intersection of County
Road No. 13 and Saratoga Boulevard for the East corner of
said Lot 8 bears North 28°57'30" East 170.00 feet;
THENCE South 28°57'30" West, along said centerline, 3781.66
feet to the POINT OF BEGINNING.
A tract containing
Lot 9 and Lot 10,
and Garden Tracts,
Pages 41, 42, and
described by metes
Tract 2
9.0 acres of land, more or less, out of
Section 11, Flour Bluff and Encinal Farm
a map of which is recorded in Volume "A",
43, Map Records of Nueces County, Texas,
and bounds as follows:
BEGINNING at the South corner of this tract from which
corner a drill hole found at the point of intersection of
the centerline of Saratoga Boulevard ( State Highway 357)
and County Road No. 13 for the East corner of Lot 8, Section
11, said Flour Bluff and Encinal Farm and Garden Tracts,
bears South 61°02'30" East 450.00 feet, thence North
28°57'30" East 1,990.00 feet, more or less, with said
centerline of County Road No. 13
THENCE North 61°02'30" West 653.00 feet for the West corner
of this tract;
THENCE North 28°57'30" East 600.00 feet for the North corner
of this tract;
THENCE South 61°02'30" East 653.00 feet for the East corner
of this tract;
THENCE South 28°57'30" West, parallel to the centerline of
said County Road No. 13 thereof and 450.00 feet distant
therefrom, measured at right angles thereto, 600.00 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 Tim Clower, R. C. Allen and Diocese of Corpus Christi, 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 herafter 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:
Tract 1
FIELDNOTES for 88.24 acres of land out of Lot 8, 9, 10, 11, 22,
23 and 24, Section 11, Flour Bluff and Encinal Farm and Garden
Tracts, a map of which is recorded in Volume A, Pages 41-43,
Map Records of Nueces County, Texas:
BEGINNING at a 1-1/2 inch iron pipe found in the centerline of
County Road No. 13 (Cimmaron Road) for the common corner of
Lots 24 and 25, said Section 11 and Lots 17 and 32, Section 20
said Flour Bluff and Encinal Farm and Garden Tracts and the South
corner of this tract;
THENCE North 61°07'45" West, along the common boundary line of
said Lots 22, 23 and 24, Lots 25-27, Said Section 11, 1983.14
feet to the common corner of said Lots 21, 22, 27 and 28,
Section 11 and the West corner of this tract;
THENCE North 28°55'05" East, along the common boundary line of
said Lots 11 and 22 and Lots 12 and 21, Said Section 11, 1955.68
feet to the North corner of this tract;
THENCE South 61°02'30" East, leaving said common boundary line
between said Lots 11 and 12, 1534.51 feet to a corner of this
tract;
THENCE South 28057'30" West 260.00 feet to an inside corner of
this tract;
THENCE South 61°02'30" East 410.00 feet, to an inside corner of
this tract;
THENCE North 28°57
County Road No. 13
distant therefrom,
feet to a point on
Saratoga Boulevard
'30" East, parallel to the centerline of
(Cimmaron Road) thereof and 40.00 feet
measured at right angles thereto, 2108.99
the Southwest flared right-of-way of
for a corner of this tract;
THENCE South 34°28'36" East, along said flared right-of-way,
44.72 feet, to a point on the centerline of said County Road
No. 13 for the East corner of this tract from which corner a
drill hole found at the centerline intersection of County
Road No. 13 and Saratoga Boulevard for the East corner of
said Lot 8 bears North 28°57'30" East 170.00 feet;
THENCE South 28°57'30" West, along said centerline, 3781.66
feet to the POINT OF BEGINNING.
Tract 2
A tract containing 9.0 acres of land, more or less, out of
Lot 9 and Lot 10, Section 11, 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,
described by metes and bounds as follows: •
BEGINNING at the South corner of this tract from which corner
a drill hole found at the point of intersection of the center-
line of Saratoga Boulevard (State Highway 357) and County Road
No. 13 for the East corner of Lot 8, Section 11, said Flour
Bluff and Encinal Farm and Garden Tracts, bears South 61°02'30"
East 450.00 feet, thence North 28°57'30" East 1,990.00 feet,
more or less, with said centerline of County Road No. 13;
THENCE North 61°02'30" West 653.00 feet for the West corner of
this tract;
THENCE North 28°57'30" East 600.00 feet for the North corner of
this tract;
THENCE South 61°02'30" East 653.00 feet for the East corner of
this tract;
THENCE South 28°57'30" West, parallel to the centerline of said
County Road No. 13 thereof and 450.00 feet distant therefrom,
measured at right angles thereto, 600.00 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, Owners and City will perform the
following conditions:
1. Owners agree to dedicate 7.42 acres of land for park purposes;
2. Owners agree to install a 12 -inch water main plus fire protection
in Cimmaron Boulevard all in accordance with the Water Distribution
Standards from a 12 -inch water main in Saratoga Boulevard to the
south boundary of the herein described property. Such water line
installation will be per the Platting Ordinance extension policy
(Ordinance 17092);
Page 2 of 4
3. Owners agree to dedicate 20 feet of additional right-of-way for
Cimmaron Boulevard and construct a 24 feet wide paved roadway with -
a drainage system along the west side only (8" caliche and 2" hot-
mix) in Cimmaron Boulevard from Saratoga Boulevard to the south or'
southwest boundary of the herein described tract, and prepare a
plan which shows the grades established for such roadway are
designed such that future curb and gutter grades on both sides of
the street will match the grades established for the 24-foot
roadway. In addition, Owners will deposit with the City the value
of the cost of curb, gutter and 4-foot wide sidewalk for installa-
tion along the west side of Cimmaron Boulevard from Saratoga
Boulevard to the south or southwest boundary of the herein
described tract. Such deposit for curb and gutter and sidewalk
Will be made to the City prior to plats or units of the subdivision
which abut Cimmaron Boulevard being filed for record, but all of
the 24-foot paved roadway will be constructed with the first unit
of the 97.64 acre tract platted.
4. Owners agree. to pay to the City $600.00 per acre (97.64 acres x
$600 = $58,584) towards reimbursement of sewer oversizing of the -
15-inch gravity line in Cimmaron which was installed by the
Developers of Brighton Village Units 2 and 3. Such payment shall
be due prior to the platting and filing of each unit;
5. City agrees to exclude Developers from sanitary sewer lot/acreage
fees required by Ordinance No. 17396, passed on December 15, 1982;
6. Owners agree to extend, from the upstream or southerly manhole on
the existing 15-inch sanitary sewer line in Cimmaron Boulevard a
24-inch sanitary sewer line to a point in Cimmaron Boulevard
opposite the southern boundary line of the subdivision based on a
showing that such sanitary sewer is in accord with the City's
Master Plan for sanitary sewer for the area. City will pay for
such line with funds being provided per Ordinance No. 17396 of
December 15, 1982..
land 2 ..uta,« .. D of -
7. City agrees to commence provision of fire, police, health, sanita-
tion 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 stan-
dards 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.
Page 3 of 4
WITNESS OUR HANDS, this the
ATTEST:
Tim Clower, General Managing Partner
ATTEST:
City Secretary
day of , 1983.
e
R. C. Arlen
2-07r—ticiy
�`f
Diocese of orpus ehristi by
Most Reverend Thomas Drury,
Apostolic Administrator
Edward A. Martin, City Manager
APPROVED: DAY OF , 1983•
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
Page 4 of 4
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EXH tP>IT ” A.
•
That the foregoing, ordinanceread for t first time and.p sed to its
second reading on this the / lA day of , 19 , 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 ordinance was read for i� a second time and assed to its
third reading on this their1 day of
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
, 19 3. by the
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the for�gging ordina was r:.d for the jird time and passed finally
on this the Q day of ,� _ �4, 19 , by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
PASSED AND APPROVED, this the
710/ED:
AY OF �aU , , 19 :
J. BRUCE AYCOCK, CITY ATTORNEY
/Mut
By
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
day of
MA
THE CITY OF CORPUS CHRISTI, TEXAS
17954