HomeMy WebLinkAbout18261 ORD - 05/30/1984AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CROW WESTERN
#9, CORPUS CHRISTI LTD., FOR THE ANNEXATION OF APPROXIMATELY
12.54 ACRES OF LAND OUT OF LOT 9, SECTION 5, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS, BEING
PLATTED AS CROSSGATE ANNEX, BLOCK 5, LOT 1; 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, Crow Western #9, Corpus Christi Ltd., 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
City and to its citizens and in the public
and territory hereinafter described:
NOW, THEREFORE, BE IT ORDAINED
CORPUS CHRISTI, TEXAS:
that it would be advantageous to the
interest to annex the aforesaid lands
BY THE CITY COUNCIL OF THE CITY OF
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 Crow Western #9, Corpus Christi Ltd., 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:
18261
2g 19114�,��1FI�MED SEP 2 81°o A
FIELDNOTES for 12.54 acres of land out of Lot 9, Section
5, 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:
BEGINNING at the common corner of Lots 7, 8, and 9, said
Section 9 and Lot 20, Block 101, Hunter's Point Unit 2, a
map of which is recorded in Volume 49, Pages 16 and 17 of
said Map Records for the North corner of this tract;
THENCE South 61°03'37" East, with the common boundary
line of Lots 8 and 9, said Section 5, a distance of
619.81 feet to a point on the existing Northwest boundary
of South Staples Street (Farm Road 2444) for the East
corner of this tract;
THENCE South 28°55'00" West, with said Northwest boundary
of South Staples Street, parallel to the centerline
thereof and 40.00 feet distant therefrom, measured at
right angles thereto, 880.59 feet for the South corner of
this tract;
THENCE, leaving said Northwest boundary of South Staples
Street, North 61°01'42" West 621.44 feet to a point on
the Southeast subdivision line of said Hunter's Point
Unit 2 for the West corner of this tract;
THENCE North 29°01'00" East, with said subdivision line,
880.25 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 0
COUNTY OF NUECES 0
This Contract and Agreement made and entered into in
duplicate originals by and between Crow Western #9, Corpus Christi
Ltd., 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:
FIELDNOTES for 12.54 acres of land out of Lot 9,
Section 5, 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:
BEGINNING at the common corner of Lots 7, 8 and
9, said Section 9 and Lot 20, Block 101, Hunter's
Point Unit 2, a map of which is recorded in Volume
49, Pages 16 and 17 of said Map Records for the
North corner of this tract;
THENCE South 61°03'37" East, with the common boundary
line of Lots 8 and 9, said Section 5, a distance
of 619.81 feet to a point on the existing Northwest
boundary of South Staples Street (Farm Road 2444)
for the East corner of this tract;
THENCE South 28°55'00" West, with said Northwest
boundary of South Staples Street, parallel to the
centerline thereof and 40.00 feet distant therefrom,
measured at right angles thereto, 880.59 feet for
the South corner of this tract;
i
THENCE, leaving said Norhwest boundary of South
Staples Street, North 61 01'42" West 621.44 feet
to a point on the Southeast subdivision line of
said Hunter's Point Unit 2 for the West corner of
this tract;
THENCE North 29°01'00" East, with said subdivision
line, 880.25 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. 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 provide storm sewer drainage for
the tract in accordance with the Storm Sewer Master
Plan;
3. Developer agrees to comply with all provisions of the
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.
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
ATTEST:
Dennis Elmore
Crow Western Company
ATTEST:
City Secretary
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
day of ,1984,
Edward A. Martin
City Manager
, 1984:
By
Assistant City Attorney Assistant City Manager
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09.
That the foregoing ordinance w read for t first time and
second reading on this the /&y of , 19
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
ed to its
, by the
That the foregoing ordinanc was read for second time and B� ed to its
third reading on this the �3Ad day of , 1946 r , 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 foregojj}gqg ordina was read for thenOird time and passed finally
on this the 3 O 4s.day of , 19 , by the following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
PASSED AND
ATTEST:
e,retar
Leo Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
APPROVED, this the 3014 --day of Cy
/j /1P�POVED :
DAY OF , 194:
J. BRUCYCOCK,CIATTORNEY
By
As'istan
ity ;Qrj ney
MAYO
THE 'ITY OF CORPUS CHRISTI, TEXAS
18261