HomeMy WebLinkAbout18043 ORD - 01/18/1984AN ORDINANCE
ANNEXING A 50.91 ACRE TRACT OF LAND BEING PLATTED AS
BRECKENRIDGE 6; AND DECLARING AN EMERGENCY.
WHEREAS, on the 14th day of December, 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 December 14, 1983; and
WHEREAS, the owners 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 Edgar H. Moore and J.R. Ewing, is hereby annexed, said parcel or
tract being more fully described as follows:
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 No,ntheast 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;
M" =E!LMED
'SEP 2 8 ipA4
1c.043
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.
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, 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 regular meetings so that this ordinance is passed and
shall take effect upon first reading as an emergency measure this the 18th day
of January, 1984.
ATTEST:
City Secretary
APPROVED: /8 DAY OF JANUARY, 1984
J. BRUCE (.COCK, CITY ATTORNEY
By (/I
Assistant City J / ney
MAYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
ANNEXATION CONTRACT
TUE STATE OF TEXAS
COUNTY OF NUECES 0
This Contract and Agreement made and entered into in duplicate originals
by and between Edgar R. Moore and J.R. Ewing, hereinafter called "owners", and the
City of Corpus Christi, Texas, a home -rule city of more than 200000 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 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 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;
•,a
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;
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;
6. Owner agrees to comply with all provisions of the Platting Ordinance.
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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 thein, and shall constitute
covenants running with the land.
WITNESS OUR HANDS, this the day of , 153
ATTEST:
Edgar H. Moore J.R. Ewing
ATTEST:
City Secretary Edward A. Martin
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
City Manager
, 1983:
By By
Assistant City Attorney Assistant: City Manager
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Corpus Christi, T
day of
, 198
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,
Council Members
Respectfully,
MAYOR
1vitr441.--
THE CITY F CORPUS CHRISTI, TEXAS
The above ordinance was passed 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
1S043
R011883 !MACE 262
357764
AN ORDINANCE .
OL3
ANNEXING A 50.91 ACRE TRACT OF LAND BEING PLATTED AS
BRECKENRIDGE 6; AND DECLARING AN EMERGENCY.
WHEREAS, on the 14th day of December, 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 December 14, 1983; and
WHEREAS, the owners 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 Edgar H. Moore and J.R. Ewing, is hereby annexed, said parcel or
tract being more fully described as follows:
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;
1FO43
DEED RECORDS
VOL 1902 IAtE 893
R01;883 IMAGE 283
VOL 1902 IME 894
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.
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, 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 regular meetings so that this ordinance is passed and
shall take effect upon first reading as an emergency measure this the 18th day
of January, 1984. ZAir—
.City
ATTEST:W ecretary MAYOR
THE CI Y OF CORPUS CHRISTI, TEXAS
APPROVED: P? DAY OF JANUARY, 1984
J. BRUCE COCK, CITY ATTORNEY
By a)(2
Assistant City / rney
RSI; 883 IMACE 264
ANNEXATION CONTRACT
TUE STATE OF TEXAS n
COUNTY OF NIECES G
This Contract and Agreement made and entered into in duplicate originals
by and between Edgar li. Moore and T.R. Ewing, 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 Teras,
situated in Nueces County, Texas, hereinafter called "City', for gond 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 Heyes
County, Texas, adjacent to and adjoining the corporate limits of the City of Corps,.
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 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 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 11023'00",
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 73002'00" West, continuing along said Northwest drainage
boundary line, 49.97 feet, more or less, to a point on the South:.est
boundary line of said Lot 4, Section 11 for the South corner of this
tract;
Thence Worth 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;
ea
VOL 1902 IME 895
9,
ani t 883 IMAU 265
•
VOL 1902 iAGE 896
Thence North 29000'00" East, with the Northwest boundary line of Laid
Lot 4, same being the centerline of County Road Mo. 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 CiLy 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 Lhe
following conditions:
1. The Developer agrees to provide sanitary newer service to the
properly in accordance with the Sanitary Sewer Master Plan and'
the City Platting Ordinance. For purposes of this contract and
by previous verbal agreements, the properly referred to for sewer
service includes+ pproximntely 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 7-1/27. 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;
6 Owner agrees to comply with all provisions of the Platting Ordinance.
ROl l 683 (MACE. 266
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 RANDS, this the day of 1983
ATTEST:
Edgar R. Moore
ATTEST:
J.R. Ewing
City Secretary Edward A. Marlin
City Manager
APPROVED: DAY OF , 1983:
J. BRUCE AYCOCK, CITY ATTORNEY
By By
Assistant City Attorney Assistant City Manager
VOL 1902 tr,UE 897
BEE 883 IMAGE 267
VOL 1902 [AGE 898 ��
aot1883 IMAGE 268
Corpus,lI/IChristi, T£as
j��,Lk. day of L! ,
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 CITY F CORPUS CHRISTI, TEXAS
The above ordinance was passed
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
the following vote:
1SO43
VOL 1902 F9LE 895
Roii883 [NuE 269
THE STATE OF TEXAS §
COUNTY OF NUECES §
CERTIFICATE
DEED RECORDS
VOL 1902 [AGE 900
I the undersigned, City Secretary of the City of Corpus Christi, Texas,
do certify that the foregoing is a true and correct copy of Ordinance No.
18043, passed and approved by the City Council on the 18th day of
January, 1984, as same appears in the Official Records of the City of Corpus
Christi, Texas, of which the City Secretary's Office is the lawful custodian.
WITNESSETH MY HAND and the 0ff;r4a1 Seal of the City of Corpus
Christi, Texas, this 20th day of January , 1984.
BillSecreta
G! Read, City rY
Corpus Christi, Texas
STATE OF TEXAS
COUNTY OF NUECES
1 hereby certify that this instrument was FILED on the
date and at, n the bme stamped hereon by me; and was duly
RECORD,the Volume and Pae of the named
of NuecesCounty, Texas, as stamped hereon by me, on -CORDS
JAN 23 1984
COUNTY CLERK
NUECES COUNTY, TEXAS
K.P.-4
C-4)