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HomeMy WebLinkAbout18317 ORD - 07/03/1984Alit ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TIM CLOWER, R. C. ALLEN, WES LEDFORD AND DIANA CHEEK, TOMMY THOMPSON, ALFRED EDGE, GARY BURSHELL AND DIOCESE OF CORPUS CHRISTI FOR THE ANNEXATION OF BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4 AND APPROXIMATELY 9 ACRES OF LAND OUT OF LOTS 9 AND 10, SECTION 11, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; 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, Tim Clower, R. C. Allen, Wes Ledford and Diana Cheek, Tommy Thompson, Alfred Edge, Gary Burshell, and the Diocese of Corpus Christi are 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 June 18, 1984, and June 19, 1984, public hearings were duly held 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 June 19, 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 Tim Clower, R. C. Allen, Wes Ledford and Diana Cheek, �T�on y'l Thompson, Alfred Edge, Gary Burshell and the Diocese of Corpus Christi V 1831 ,SSP 8 1984 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 Brighton Village Unit 3 and Brighton Village Unit 4 and a 9.0 acre tract described as follows: Tract 1 A tract containing 9.0 acres of land, more or less, out of Lot 9 and Lot 10, Section 11, 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, described by metes and bounds as follows: BEGINNING at the South corner of this tract from which corner a drill hole found at the point of intersection of the centerline of Saratoga Boulevard (State Highway 357) and County Road No. 13 for the East corner of Lot 8, Section 11, said Flour Bluff and Encinal Farm and Garden Tracts, bears South 61°02'03" East 450.00 feet, thence North 28°57'30" East 1,990.00 feet, more or less, with said centerline of County Road No. 13; THENCE North 61°02'03" West 653.00 feet for the West of this tract; THENCE North 28°57'30" of this tract; THENCE South 61°02'30" of this tract; THENCE South 28°57'30" said County Road No. therefrom, measured at the POINT OF BEGINNING corner East 600.00 feet for the North corner East 653.00 feet for the east corner West, parallel to the centerline of 13 thereof and 450.00 feet distant right angles thereto, 600.00 feet for 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. THE STATE OF.TEXAS 11 ' COUNTY OF NUECES .'c•,' } -";Y ^-,fir• ys �.. ,3 :;iced �"'/✓J�' 'r • -' ANNEXATION CONTRACT tlr This Contract and Agreement made and entered into in duplicate originals by and between Tim Clower, R.C. Allen, Wes Ledford and Diana Cheek, Tommy Thompson, Alfred Edge, Gary Burshell and Diocese of Corpus Christi, 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, situate 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 extraterri- torial 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 Brighton Village Unit 3 and Brighton Village Unit 4, and a 9.0 acre tract described as follows to -wit: Tract 1 A tract containing 9.0 acres of land, more or less, out of Lot 9 and Lot 10, Section 11, 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, described by metes and bounds as follows: - BEGINNING at the South corner of this tract from which corner a drill hole found at the point of intersection of the centerline of Saratoga Boulevard (State Highway 357) and County Road No. 13 for the East corner of Lot 8, Section 11, said Flour Bluff and Encinal Farm and Garden Tracts, 8ears South 61°02'03" East 450.00 feet, thence North 28 57'30" East 1,990.00 feet, more or less, with said centerline of County Road No. 13; THENCE North 61°02•'03" West 653.00 feet for the West corner of this tract; THENCE North 28°57'30" East 600.00 feet for the North corner of this tract; THENCE South 61002'30" East 653.00 feet for the East corner of this tract; THENCE South 28057'30" West, parallel to the centerline of said County Road No. 13 thereof and 450.00 feet distant therefrom, measured at right angles thereto, 600.00 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 essen- tial part of the consideration of this Contract, Owners and City will perform the following conditions: 2. City agrees to commence provision of fire, police, health, sanitation and other usual City services after the effective date of annexation; 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; 3. Owners agree to comply with all provisions of the Platting Ordinance; 4. Owners of Tract 1 agree to pay to the City $600.00 per acre (97.64 acres x $600 = $58,584) towards reimbursement of sewer oversizing of the 15 -inch gravity line in Cimmaron which was installed by the Developers of Brighton Village Units 1 and 2. Such payment shall be due prior to the platting and filing of each unit; 5. City agrees to exclude Developers of Tract 1 from sanitary sewer lot/acreage fees required by Ordinance No. 17396, passed on December 15, 1982. 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: Tim Clower, General Managing Partner Brighton Village Unit 3, Lots 1, 4, 6, 9, 11 thru 14, 18 thru 21 and 23, Block 1; Lots 1 thru 8 and 11 thru 17, Block 2; Lots 25 thru 34, Block 4; Lots 50 thru 56, Block 11. Brighton Village Unit 4, Lots 1, 4 thru 16 and Lots 18 thru 24, Block 4; Lots 1 thru 39, 41 and 43 thru 71, Block 5; Blocks 6 thru 10; Lots 1 thru 48, Block 11. day of , 1984 R.C. Allen Brighton Village Unit 3, Lots 1, 4, 6, 9, 11 thru 14, 18 thru 21 and 23, Block 1; Lots 1 thru 8 and 11 thru 17, Block 2 Lots 25 thru 34, Block 4; Lots 50 thru 56, Block 11. Brighton Village Unit 4, Lots 1, 4 thru 16 and Lots 18 thru 24, Block 4; Lots 1 thru 39, 41 and 43 thru 71, Block 5; Blocks 6 thru 10; Lots 1 thru 48, Block 11. Wes Ledford, Ledford -Cheek, Inc. Brighton Village Unit 3, Lot 49, Block 11. Tommy Thompson, Thompson Homes, Inc. Brighton Village Unit 3, Lots 35 and 36, Block 4. Brighton Village Unit 4, Lots 2, 3, and 17, Block 4. Gary Burshell, South Rim Venture II Brighton Village Unit 3, Lots 2, 3,. 5, 7, 8, and 10, Block 1; Lots 9 and 10, Block 2. Diocese of Corpus Christi by Most Reverend Rene Garcida Apostolic.Administor 9.0 acres•of land out of Lot 9 and Lot 10, Section 11 Flour Bluff and Encinal Farm and Garden Tracts. ATTEST: Diana Cheek, Ledford -Cheek, Inc. Brighton Village Unit 3, Lot 49, Block 11. Alfred Edge, Alfred Edge Homes, Inc. Brighton Village Unit 3, Block 1. Gary Burshell, South Rim, Inc. Brighton Village Unit 4, Lots 40 and 42, Block 5. City Secretary Edward A. Martin, City Manager APPROVED: DAY OF , 1984 J. BRUCE AYCOCK, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager /1 bk ." . % � i • ' • 1_ That the foregoing ordinance�(�,, op pd for a first time and p hed to its second reading on this the �7T" ` day of , 19, , 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 foregoing ordinance ,�vs�/read for the 1 econd time and p d to its third reading on this the /lo'nay of ib, , 19 , by the Leo terofollowing vote: Leo ,*errero Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Dr. Charles W. Joe McComb Frank Mendez Mary Pat Slavik Kennedy That the forgoi ordinan.` wa read for theArird time and passed finally on this the 4 Q ay of ice_- , 19 i , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown Leo Dr. Joe Guerrero Charles W. Kennedy McComb Frank Mendez Mary Pat Slavik PASSED AND APPROVED, this the .3/1 d day of ATTEST: -41 y Secretary ,f VED: ItTADAY OF J. BRUC By Assistant Ci y/' orney YCOCK , 19: CITY ATTORNEY MAYOR THE C OF CORPUS CHRISTI, TEXAS 183a .