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HomeMy WebLinkAbout18551 ORD - 11/13/1984AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TRISTAR DEVELOPMENT, INC., FOR THE ANNEXATION OF APPROXIMATELY 27.052 ACRES OF LAND BEING A PORTION OUT OF LOTS 15 AND 16, SECTION 6, 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, Tristar Development, Inc., 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, public hearings were duly held on October 22, 1984, and on October 23, 1984, 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 October 23, 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 Tristar Development, Inc., 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: 18551 A 27.052 acre tract of land, more or less, out of Lots 15 and 16, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas: BEGINNING at a drill hole found in a 2.0 foot diameter concrete base for a post at the common corner of Lots 14, 15, 18, and 19, said Section 6, for the South corner of this survey; THENCE North 60°55'15" West, along the Southwest boundaries of said Lot 15 and said Lot 16 and also the centerline of 40 foot wide Yorktown Boulevard, (unimproved) 1,339.30 feet to the West corner of said Lot 16 on the centerline of 40 foot wide Everhart Road for the West corner of this survey; THENCE North 29°02'30" East, along said centerline of Everhart Road which is also the Northwest boundary of said Lot 16, Section 6, 880.00 feet to a 1" iron pipe found for the North corner of this survey; THENCE South 60°57'25" East, 1,337.54 feet to the common boundary between Lots 15 and 14, said Section 6, for the East corner of this survey; THENCE South 28°55'40" West, along the common boundary of said Lots 15 and 14, 880.85 feet to 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 4 COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between Tristar Development, Inc., 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 convenants and conditions hereafter stated. W I T N E S SETH : 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 thereto and marked Exhibit "A", and being more particularly described as follows, to -wit: A 27.052 acre tract of land, more or less, out of Lots 15 and 16, Section 6, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas: BEGINNING at a drill hole found in a 2.0 foot diameter concrete base for a post at the common corner of Lots 14, 15, 18 and 19, said Section 6, for the South corner of this survey; THENCE North 60055'15" West, along the Southwest boundaries of said Lot 15 and said Lot 16 and also the centerline of 40 foot wide Yorktown Boulevard, (unimproved) 1,339.30 feet to the West corner of said Lot 16 on the centerline of 40 foot wide Everhart Road for the West corner of this survey; THENCE North 29002'30" East, along said centerline of Everhart Road which is also the Northwest boundary of said Lot 16, Section 6, 880.00 feet to a 1" iron pipe found for the North corner of this survey; THENCE South 60057'25" East, 1,337.54 feet to the common boundary between Lots 15 and 14, said Section 6, for the East corner of this survey; THENCE South 28°55'40" West, along the common boundary of said Lots 15 and 14, 880.85 feet to 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. The owner agrees to pay to the City their share of the estimated cost of bridge construction over the adjacent drianage ditch in accordance with the Platting Ordinance; 2. The owner agrees to construct offsite drainage improvements as required to provide adequate drainage capacity to serve this tract; 3. The owner agrees to comply with all provisions of the Platting Ordinance; 4. The City agrees to commence provision. of fire, police, health, sanitation and other usual city services after the effective date of annexation; 5. The 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 convenants running with the land. WITNESS OUR HANDS, this the ATTEST: William B. Pruet, Vice President ATTEST: day of , 1984 City Secretary Edward A. Martin, City Manager APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY , 1984: By By Assistant City Attorney Assistant City Manager fik IIS 4 9 Oaf .4. writ 4,4* <, oo�o o♦ �, o • .���. 60'/`30doo�0o0p0 oopa�'♦♦ ♦oe101 4,00494,4444'41'44 opo 0 moo ♦ -•p� quo* .4,,,m o 4'4# 44' 4* op 114/40 tt �i ��4, �� �.1►e®�o•opp40* o, odo eeeg=po� ee .:: �I�i `,,o ®p 0/0/4'4,147 A 444, 4: o0 04` ` 4 14142:0044' 4r7oo ♦po�.�%sO�oa o` e ems° •� : i1 -i.>:�_� +° a♦,'�oA�04ppdA0��00p� cfoob oOo�ooppopo@ o° ` ;, •-.40*,0 �osoo>oae. @p0 000;o Q' �� �i�11� *44 ler �0 �A�� �� p%1i �� ♦o•000p4. 4* -crime I,p�Oi� �g110► �00000oo00 Aral�.IIj i e 441.. o 00� 0 �I 1,A-0�, 0 000 #�♦�♦♦ �� �o O:oe O♦♦o♦�♦�� oa0 0 4 �ooe' 4.♦oQ00�000�♦�O� I�444r o . / '` / • ./ •�, / / / / ! / / / / / / _ tI / '''''\...,,s 1 / /! ; / / ! / / / -.......// 6�E '/ ! 1 / / /! / !\� /%i t\ / ! / \\/ / /% • �/ o •/ i�- / 1. // h• / _ / % i / •SCALE: 1".= 8Wr / ./ %/ / / ' / / /% - / , / That the foregoing ordinancQ was read for e first time and p s ed to its second reading on this the .1bl4 _day of , 19 2s y- , 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 ww read for third reading on this the 490L day of following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown second time and pis ed to its , 19X9 , by the Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the forggoAng ordine was ead for the t ird time and passed finally on this the /15-41%—day of 0-44.2.-rn � , 19 , by the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Welder Brown PASSED AND APPROVED, ATTEST: Citi Secretary MAYOR THE ITY OF CORPUS CHRISTI, TEXAS this Leo Guerrero Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik the J 3AL'day of APPROVED: =56 ©� DAY OF (ppr 194K• J. BRUC AYC By Assistant Li CITY ATTORNEY orney 18551