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
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ANNEXATION CONTRACT
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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
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consideration in hand received by the parties respectively and upon
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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
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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 .