HomeMy WebLinkAbout18446 ORD - 09/04/1984AN ORDINANCE
ANNEXING BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4
AND APPROXIMATELY 9 ACRES OF LAND OWNED BY TIM CLOWER, R. C.
ALLEN, WES LEDFORD AND DIANA CHEEK, TOMMY THOMPSON, ALFRED
EDGE, GARY BURSHELL AND DIOCESE OF CORPUS CHRISTI.
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 tract or parcel of land as set forth in Exhibit
"A" attached, being a copy of annexation 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 the Diocese of Corpus Christi, tract
being more fully described as follows:
A tract containing
Lot 9 and Lot 10,
and Garden Tracts,
Pages 41, 42, and
described by metes
Tract 1
9.0 acres of land, more or less, out of
Section 11, Flour Bluff and Encinal Farm
a map of which is recorded in Volume "A",
43, Map Records of Nueces County, Texas,
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
18446
SEP 2 8 %84
laGRQULMED
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 corner
of this tract;
THENCE North 28°57'30" East 600.00 feet for the North corner
of this tract;
THENCE South 61°02'30" East 653.00 feet for the east corner
of this tract;
THENCE South 28°57'30" 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; and
Brighton Village subdivisions Units 3 and 4.
The above described area shall hereafter be a part of the City of
Corpus Christi, Texas, and shall be subject to the general laws of the State of
Texas, the City Charter, and the ordinances, resolutions, motions, laws, rules
and regulations of the City of Corpus Christi, to all intents and purposes as
the present City of Corpus Christi is so subject, and subject to all the rights,
privileges and burdens thereof.
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
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, situat
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, Years 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 61°02'30" 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 day of
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
Lots 1 thru 39, 41 and 43 thru 71,
Block 5;
Blocks 6 thru 10;
, 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
Lots 25 thru 34, Block 4;
Lots 50 thru 56, Block 11.
Brighton Village Unit 4, Lots 1, 4
4; thru 16 and Lots 18 thru 24, Block
Lots 1 thru 39, 41 and 43 thru 71,
Block 5;
Blocks 6 thru 10;
1 thru 48. Block 11.
9
Wes Ledford, Ledford -Cheek, Inc.
Brighton Village Unit 3, Lot 49,
Block 11.
Diana Cheek, Ledford -Cheek, Inc.
Brighton Village Unit 3, Lot 49,
Block 11.
Tommy Thompson, Thompson Homes, Inc. Alfred Edge, Alfred Edge Homes, Inc
Brighton Village Unit 3, Lots 35 and Brighton Village Unit 3,
36, Block 4. Block 1.
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:
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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1 the foregoing ordinance w;read for he first time and �ssed to
'�
second reading on this the 1day of , ly' , by the
following vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr.
Welder Brown
Leo Guerrero
Dr. Charles 41. Kennedy
Joe McComb
Frank Mendez
Mary Pat Slavik
That the foregoing ordinance w S' read for f e second time and p s ed to its
third reading on this the //-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 foreg ng ordinan w read for the6tkirdtime and passed finally
on this the da of , 19 , b the followi n 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 4day of
ATTEST:
APPROVED:
fa/DAY OF /r , 198y :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Asslsta At� _
MAYOR
> 19 I .
THE CI OF CORPUS CHRISTI, TEXAS
18446
ria933 I ACE1611
394810
AN ORDINANCE
ANNEXING BRIGHTON VILLAGE UNIT 3 AND BRIGHTON VILLAGE UNIT 4
AND APPROXIMATELY 9 ACRES OF LAND OWNED BY TIM CLOWER, R. C.
ALLEN, WES LEDFORD AND DIANA CHEEK, TOMMY THOMPSON, ALFRED
EDGE, GARY BURSHELL AND DIOCESE OF CORPUS CHRISTI.
WHEREAS, the said owner is desirous of contracting viith 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 tract or parcel of land as set forth in Exhibit
"A" attached, being a copy of annexation 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 the Diocese of Corpus Christi, tract
being more fully 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
DEED RECORDS
'VOC1933 MAGE 911