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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 r•-••4, �v r •t ! Y / i �. / ; / / • %-:.•••.,,....4_ / / / / \� / ! • / / T / /./i �/'//1 \/ / ' 4 / /? �z... f 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