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HomeMy WebLinkAbout19389 ORD - 07/22/1986AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI LAND VENTURE ASSOCIATES FOR THE ANNEXATION OF APPROXIMATELY 25.19 ACRES OF LAND IN 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, Corpus Christi Land Venture Associates 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 are 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 June 30, 1986, and on July 1, 1986, 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 July 1, 1986; 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 Corpus Christi Land Venture Associates, 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: 06P.174.01 19389 MICROFILMED FIELDNOTES for 25.19 acre tract of land out of Lots 25-27, Section 6, and out of Lots 2-4, Section 7, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas: BEGINNING at a point on the west right-of-way line of South Staples Street for the upper Southeast corner of this tract from which corner the centerline intersection of said South Staples Street and Yorktown Boulevard bears South 61°04'00" East 50.00 feet then North 28°56'00" East 2418.95 feet; THENCE South 28°56'00" West 263.15 feet, South 32°22'01" West 100.18 feet, South 28°56'00" West 100.00 feet, along said west right-of-way line of 100.00 foot wide South Staples Street for a corner of this tract and for the point of curvature of a circular curve to the right whose radius point bears North 61°04'00" West 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent of 10.00 feet, and an arc length of 15.71 feet; THENCE with said circular curve to the right, 15.71 feet for a corner of this tract; THENCE South 30°57'27" West 8.00 feet for a corner of this tract and for the point of curvature of a circular curve to the left whose radius point bears South 28°56'00" West 339.38 feet and which has a central angle of 20°00'00", a radius of 339.38 feet, a tangent of 59.84 feet, and an arc length of 118.47 feet.; THENCE with said circular curve to the left, 118.47 feet for the point of tangency; THENCE North 81°04'00" West 18.71 feet for the point of curvature of a circular curve to the right which has a central angle of 20°00'00", a radius of 433.35 feet, a tangent of 76.41 feet, and an arc length of 151.27 feet; THENCE North 61°04'00" West 164.10 feet for the point of curvature of a circular curve to the right which has a central angle of 10°30'00", a radius of 3232.90 feet, a tangent of 297.06 feet, and an arc length of 592.46 feet; THENCE with said circular curve to the right, 592.46 feet for the point of tangency and for the point of curvature of another circular curve to the right which has a central angle of 43°15'00", a radius of 321.15 feet, a tangent of 127.31 feet, and an arc length of 242.42 feet; 06P.174.01 THENCE with said circular curve to right, 242.42 feet for the point of tangency; THENCE North 07°19'00" West 160.00 feet for the point of curvature of a circular curve to the left which has a central angle of 11°41'00", a radius of 533.30 feet, a tangent of 54.56 feet, and an arc length of 108.75 feet; THENCE with said circular curve to the left, 108.75 feet for the Southwest corner of this tract and for the point of curvature of another circular curve to the left whose radius point bears North 00°20'00" East, 324.10 feet and which has a central angle of 61°24'00", a radius of 324.10 feet, a tangent of 192.43 feet, and an arc length of 347.31 feet; THENCE with said circular curve to the left, 347.31 feet for the point of tangency; THENCE North 28°56'00" East 110.00 feet for the point of curvature of a circular curve to the right which has a central angle of 70°14'31", a radius of 300.00 feet, a tangent of 211.01 feet, and an arc length of 367.79 feet; THENCE with said circular curve to the right, 367.79 feet for the Northwest corner of this tract and for point of curvature of a circular curve to the left whose radius point bears North 63°28'24", East 70.00 feet and which has a central angle of 34°32'24", a radius of 70.00 feet, a tangent of 21.76 feet, and an arc length of 42.20 feet; THENCE with said circular curve to the left, 42.20 feet for the point of tangency; THENCE South 61°04'00" East 626.25 feet for the Northeast corner of this tract; THENCE South 28°56'00" West 520.00 feet for a corner of this tract; THENCE South 61°04'00" East 385.76 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. 06P.174.01 . ANNEXATION CONTRACT THE STATE OF TEXAS ) COUNTY OF NUECES ) This Contract and Agreement made and entered into in duplicate originals by and between Corpus Christi Land Venture Associates, hereinafter called "owner", 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 hereafter stated. W ITNESSET H: The owner is owner in fee simple and of all existing rights, titles and interest 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 25.19 acre tract of land out of Lots 25-27, Section 6 and out of Lots 2-4, Section 7, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, Map Records of Nueces County, Texas: BEGINNING at a point on the west right-of-way line of South Staples Street for the upper Southeast corner of this tract from which corner the centerline intersection of said outh Staples Street and Yorktown Bou�evard bears South 61, 04'00" East 50.00 feet then North 28 56'00" East 2418.95 feet; THENCE South 28°56'00" West263.15 feet, South 32°22'01" West 100.18 feet, South 28o 56'00 West 100.00 feet, along said west right-of-way line of 100.00 foot wide South Staples Street for a corner of this tract and for the point of curvature of a circuolar curve to the right whose radius point bears North 61'04'00" West 10.00 feet and which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent of 10.00 feet, and an arc length of 15.71 feet; THENCE with said circular curve to the right, 15.71 feet for a corner of this tract; THENCE South 30°57'27" West 8.00 feet for a corner of this tract and for the point of curvature of a circular curve to the left whose radius point bears South 28"58'00" West 339.38 feet and which has a central angle of 20 00'00", a radius of 339.38 feet, a tangent of 59.84 feet, and an arc length of 118.47 feet; THENCE with said circular curve to the left, 118.47 feet for the point of tangency; THENCE North 81°04'00" West 18.71 feet for the point of curvature of a circular curve to the right which has a central angle of 20'1)0'00", a radius of 433.35 feet, a tangent. of 76.41 feet, and an arc length of 151.27 feet; THENCE North 61°04'00" West 164.10 feet for the point of curvature of a circular curve to the right which has a central angle of 10'30'00., a radius of 3232.90 feet, a tangent of 297.06 feet, and an arc length of 592.46 feet; THENCE with said circular curve to the right, 592.46 feet for the point of tangency and for the point of curvature of another circular curve to the right which has a central angle of 43°15'00", a radius of 321.15 feet, a tangent of 127.31 feet, and an arc length of 242.42 feet; THENCE with said circular curve to right, 242.42 feet for the point of tangency; THENCE North 07'19'00" West 160.00 feet for the point of curvature of a circular curve to the left which has a central angle of 11°41'00", a radius of 533.30 feet, a tangent of 54.56 feet, and an arc length of 108.75 feet; THENCE with said circular curve to the left, 108.75 feet for the Southwest corner of this tract and for the point of curvature of another circular curve to the left whose radius point bears North 00°20'00" East, 324.10 feet and which has a central angle of°61°24'00", a radius of 324.10 feet, a tangent of 192.43 feet, and an arc length of 347.31 feet; THENCE with said circular curve to the left, 347.31 feet for the point of tangency; THENCE North 28°56'00" East 110.00 feet for the point of curvature of a circular curve to the right which has a central angle of 70°14'31", a radius of 300.00 feet, a tangent of 211.01 feet, and an arc length of 367.79 feet; THENCE with said circular curve to the right, 367.79 feet for the Northwest corner of this tract and for point of curvature of a circular curve to the left whoseradius point bears North 63 28'24", East 70.00 feet and which has a central angle of 34°32'24", a radius of 70.00 feet, a tangent of 21.76 feet, and an arc length of 42.20 feet; THENCE with said circular curve to the left, 42.20 feet for the point of tangency; THENCE South 61°04'00" East 626.25 feet for the Northeast corner of this tract; THENCE South 28°56'00" West 520.00 feet for a corner this tract; THENCE South 61°04'00" East 385.76 feet Beginning. It is agreed by and between the parties hereto that the above described land and territory shall be included within the corporate of to the Point of • 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. Owners agree to comply with all provisions of the Platting Ordinance; 2. City agrees to commence provision of fire, police, health, sanitation and other usual city services after the effective date of annexation; 3. 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. 4. The developer agrees to construct portions of the off-site water transmission system as required to provide an adequate water supply to this tract in accordance with the City Water Distribution System Standards. 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 ,1986. ATTEST: Henry Tucker General Partner ATTEST: City Secretary Craig A. McDowell APPROVED: City Manager DAY OF , 1986; HAL GEORGE, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager (200.14M) . /. '' // -,ES.4 ,-~ UN if 00 ~ '==SE That the foregoing ordinance w s read for th fi st time and sed to its day of 1j, , 19 , by the second reading on this following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance- v�{{a.s read for the econd time and sed to its third reading on this the /`s'tt. day of dA� , 190 , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinanc on this the 27) J day/f /, 1 Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read for th third time and passed finally , 194 by the following vote: Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Stron PASSED AND APPROVED, this the 224 day of ATTEST: City Secretary APPROVED: 7-f�+_ DAY OF 41a( CCor 0 MAYOR THE CIT OF CORPUS CHRISTI, TEXAS 19389