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HomeMy WebLinkAbout18260 ORD - 05/30/1984AN ORDINANCE AUTHORIZING .AND DIRECTING THE CITY MANAGER TO •EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND GRANDSTAND SOFTBALL FOR THE ANNEXATION OF APPROXIMATELY 49.63 ACRES OF LAND OUT OF LOT 8, SECTION 14, BOHEMIAN COLONY LANDS, NUECES COUNTY, TEXAS, BEING PLATTED AS SARATOGA PARK, LOTS 1 AND 2; 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, Grandstand Softball 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 owner is desirous of contracting with the City for the annexation of said territory to the City of Corpus Christi; and WHEREAS, on May 9, 1984, 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 May 9, 1984; 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, 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: 18260 MICROFILMED SEP 1984 BEING 49.63 acres of land, more or less, out of Lot 8, Section 14, Bohemian Colony Lands, a plat of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, and said 49.63 acres of land being more particularly described by metes and bounds as follows: BEGINNING at the west corner of this 49.63 acre tract, said corner being on the boundary line between said Lot 8 and Lot 7, Section 14, Bohemian Colony Lands, said corner bearing S 61°32'00" E, 20.00 feet, from the west corner of said Lot 8, Section 14, Bohemian Colony Lands the same being the north corner of Lot 7, Section 14, Bohemian Colony Lands; THENCE N 28°58'00" E, along the northwest boundary of this tract and running perpendicularly 20.00 feet southeast of and parallel to the centerline of Greenwood Drive; said centerline also being the northwest boundary of said Lot 8, Section 14, Bohemian Colony Lands, 1160.00 feet to a corner of this tract; THENCE S 87°59'52" E, 224.38 feet, to a corner of this tract, said corner being on the southwest right-of-way line of State Highway #357, also known as Saratoga Boulevard, and said corner being perpendicularly 60.00 feet southwest of the centerline of said State Highway #357; THENCE S 61°32'00" E, along the northeast boundary of this tract, the same being the southwest R.O.W. line of Saratoga Boulevard, and running perpendicularly 60.00 feet southwest of and parallel to the centerline of said Boulevard, 1524.30 feet, to the east corner of said 49.63 acre tract; THENCE leaving said R.O.W. line S 29°00'00" W, along the southeast boundary of this tract, 1260.00 feet, to the south corner of this tract, said corner being on the boundary line between said Lot 7 and Lot 8, Section 14, Bohemian Colony Lands; THENCE N 61°32'00" W, along the southwest boundary line of said 49.63 acre tract, the same being the common boundary line between Lot 7 and Lot 8, Section 14, Bohemian Colony Lands, 1723.53 feet, to the point of beginning and containing 49.63 acres of land, more or less. 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 0 COUNTY OF NUECES 0 This Contract and Agreement made and entered into in duplicate originals by and between Grandstand Softball, 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: BEING 49.63 acres of land, more or less, out of Lot 8, Section 14, Bohemian Colony Lands, a plat of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, and said 49.63 acres of land being more particularly described by metes and bounds as follows: BEGINNING at the west cornerof this 49.63 acre tract, said corner being on the_ boundary line between said Lot 8 and Lot 7, Sectio 14, Bohemian Colony Lands, said corner bearing S61 32'00" E, 20.00 feet, from the west corner of said Lot 8, Section 14, Bohemian Colony Lands the same being the north corner of Lot 7, Section 14, Bohemian Colony Lands; THENCE N28°58'00" E, along the northwest boundary of this tract and running perpendicularly 20.00 feet southeast of and parallel to the centerline of Greenwood Drive; said centerline also being the northwest boundary of said.Lot 8, Section 14, Bohemian Colony Lands, 1160.00 feet to a corner of this tract; THENCE S87°59'52"E, 224.38 feet, to a corner of this tract, said corner being on the southwest right-of-way line of State Highway #357, also known as Saratoga Boulevard, and said corner being perpendicularly 60.00 feet southwest of the centerline of said State Highway #357; THENCE S61°32'00"E, along the northeast boundary of this tract, the same being the southwest R.O.W. line of Saratoga Boulevard, and running perpendicularly 60.00 feet southwest of and parallel to the centerline of said Boulevard, 1524.30 feet, to the east corner of said 49.63 acre tract; THENCE leaving said R the southeast boundary to the south corner of on the boundary line 8, Section 14, Bohemian THENCE N61°32'00"W, line of said 49.63 common boundary line 14, Bohemian Colony point of beginning land, more or less. .0.W. •line S29°00'00"W, along of this tract, 1260.00 feet, this tract, said corner being between said Lot 7 and Lot Colony Lands; along the southwest boundary acre tract, .the same being the between Lot 7 and Lot 8, Section Lands, 1723.53 feet, to the and containing 49.63 acres of It is agreed by and between the parties hereto that the above-described land and territory shall be included corporate boundaries of the City of Corpus Christi, shall become a part thereof, subject to the terms of 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. Developer agrees to pay to the City the water and sanitary sewer lot acreage fees in accordance with Ordinances 17092 and 17396; 2. Developer agrees to comply with all provisions of the Platting Ordinance; within the Texas, and Article I, 3. City agrees to commence provision of fire, police, health, sanitation and other usual city services after the effective date of annexation; 4. 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 sale -owner and each of them, and shall constitute covenants running with the land. WITNESS OUR HANDS, this the day of ,1984, ATTEST: William H. Holland General Partner ATTEST: City Secretary Edward A. Martin City Manager APPROVED: DAY OF , 1984: J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager 89-10t 0 �V ` r 0 / S That the foregoing ordinance a read for th first time and second reading on this the day of , 1 following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik sed to its , by the That the foregoing ordinanc as read for the second time and sed to its third reading on this the.,<A1 day of 1j , 19/y , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy 'Joe McComb Frank Mendez Mary Pat Slavik That the for of•/z ordinan , was read for th ird time and passed finally on this the ('"'Bay of , 19�t, by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the .54014 -day of , 19 W. ATTEST: C y 4 ,441 retary A/ ED: AY OF PCZ J. BRU+nAY)0 , C ATTORNEY By /C.�(/ / .44y, ssis an i orney MAYOR THE CI OF CORPUS CHRISTI, TEXAS 18260