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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. • 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 • • • sc.-ALE:. _ • . • • • : • . - - • r. • • / • I% G(' . • • '-„ . • . • • • 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)