HomeMy WebLinkAbout18025 ORD - 01/11/1984AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR H.
MOORE AND J.R. EWING FOR THE ANNEXATION OF APPROXIMATELY
50.91 ACRES OF LAND OUT OF LOT 4, SECTION 11, 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, Edgar H. Moore and J.R. Ewing are owners 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 December 14, 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 December 14, 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 Edgar H. Moore and J.R. Ewing, 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:
t1=p 2 81984
1F025
Fieldnotes for 50.91 acres of land, more or less, out of Lot
4, Section 11, Bohemian Colony Lands, a map of which is
. recorded in Volume A, Page 48, Map Records of Nueces County,
Texas:
Beginning at the North corner of said Lot 4, Section 11, for
the North corner of this tract;
Thence South 61°32'00" East, with the Northeast boundary
line of said Lot 4, a distance of 2105.71 feet, more or
less, to a point on the Northwest boundary line of a 160.00
foot wide City of Corpus Christi drainage right-of-way for
the East corner of this tract;
Thence South 61°39'00" West, with said Northwest boundary
line, 1496.66 feet, more or less, to the point of curvature
of a circular curve to the right which has a central angle
of 11°23'00", a radius of 207.94 feet, a tangent distance of
20.73 feet and an arc length of 41.31 feet;
Thence, with said circular curve to the right, 41.31 feet,
more or less, to the point of tangency;
Thence South 73°02'00" West, continuing along said Northwest
drainage boundary line, 49.97 feet, more or less, to a point
on the Southwest boundary line of said Lot 4, Section 11,
for the South corner of this tract;
Thence North 61°32'00" West, with said Southwest boundary
line of Lot 4, a distance of 1238.24 feet, more or less, to
the West corner of this tract;
Thence North 29°00'00" East, with the Northwest boundary
line of said Lot 4, same being the centerline of County Road
No. 19 (Weber Road), 1320.00 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 ➢
COUNTY OF NUECES 0
This Contract and Agreement made and entered into in duplicate originals
by and between Edgar H. Moore and J.R. Ewing, 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.
W I T N E S SETH :
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
and being more particularly described as follows, to -wit:
Fieldnotes for 50.91 acres of land, more or less, out of Lot 4,
Section 11, Bohemian Colony Lands, a map of which is recorded in
Volume A, Page 48, Map Records of Nueces County, Texas:
Beginning at the North corner of said Lot 4, Section 11 for the
North corner of this tract;
Thence South 61032'00" East, with the Northeast boundary line of
said Lot 4, a distance of 2105.71 feet, more or less, to a point
on the Northwest boundary line of a 160.00 foot wide City of
Corpus Christi drainage right-of-way for the East corner of this
Tract;
Thence South 61039'00" West, with said Northwest boundary line,
1496.66 feet, more or less, to the point of Curvature of a
circular curve to the right which has a central angle of 11023'00",
a radius of 207.94 feet, a tangent distance of 20.73 feet and an
arc length of 41.31 feet;
"A",
Thence, with said circular curve to the right, 41.31 feet, more
or less, to the point of tangency; -
Thence South 73002'00" West, continuing along said Northwest drainage
boundary line, 49.97 feet, more or less, to a point on the Southwest
boundary line of said Lot 4, Section'll for the South corner of this
tract;
Thence North 61032'00" West, with said Southwest boundary line of
Lot 4, a distance of 1238.24 feet, more or less, to the West corner
of this tract;
Thence North 29000'00" East, with the Northwest boundary line of said
Lot 4, same being the centerline of County Road No. 19 (Weber Road),
1320.00 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 1, 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 provide sanitary sewer service to the
property in accordance with the Sanitary Sewer Master Plan and
the City Platting Ordinance. For purposes of this contract and
by previous verbal agreements, the property referred to for sewer
service includes+approximately 100 acres totaling proposed Breckenridge
Unit 6 (50 acres-), plus approximately 18 acres to the south and
approximately 35 acres to the north of Breckenridge Unit 6. In
addition, the City Staff will recommend participation, on an acreage
pro rata basis, for the cost of a lift station and force main
designed to serve the subject 100 acres plus approximately 47
acres of Nottarb Place Units 1 and 2. Should the City require
any oversizing of the lift station wetwell, pumps, or the force
main for the purpose of serving the Master Plan Area in excess
of the referenced 100 acres plus 47 acres, then the City will
reimburse the Developer for such additional oversizing construction
costs, plus 7-1/2% engineering, based upon unit bid prices received
for the work. Such City participation and reimbursement will
only be affected by the approval of two future agreements in this
regard subject to funds being appropriated for the City's share
of any such oversizing.
2. The Developer agrees to pay to the City the sum of $17,260.36
prior to the time the first plat is filed for record for participation
in bridge construction on Cedar Pass at the Schanen Drainage Ditch;
3. The Developer agrees to provide water service to the property
in accordance with the Water Distribution System Standards and
the City Platting Ordinance;
4. City agrees to commence provision of fire, police, health, sanitation
and other usual city services after the effective date of annexation;
5. 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;
Owner agrees to comply with all provisions of the Platting Ordinance.
•
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:
Edgar H. Moore J.R. Ewing
ATTEST:
' City Secretary Edward A. Martin
City Manager
APPROVED: DAY OF , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
016 ME:^;:r
1‘14%144,
440 r
• '..25
- - -
SCALE:.
•
•
•
/
. • .
/ •
1
•
cj
•••.,
. .
• - •
• '-, t„,_-\//• _
That the foregoing ordinance was read for tJ� first time and pa sed to its
second reading on this the/ day of C CJaaf 193 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 s read for he second time and phs5c1 to its
third reading on this the day of , 19 , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
That the forego)
on this the //
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Leo Guerrero
ordinanc
y of
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
read for the t i time and passed finally
19 , by the following vote:
PASSED AND APPROVED, this the
ATTEST:
1
Cit Secretary
APPROVED:
DAY OFA , 14,.,JJ/19
J. BRUCE AYCOCK, CITY ATTORNEY
By
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
day of
MAYOR
THE C CORPUS CHRISTI, TEXAS
15025
Y OF