HomeMy WebLinkAbout19390 ORD - 07/22/1986AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND HANK OLSON
DEVELOPMENT FOR THE ANNEXATION OF APPROXIMATELY 47.63 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; AND PROVIDING FOR SEVERABILITY.
WHEREAS, Hank Olson Development 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 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 Hank Olson Development, 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:
FIELDNOTES for a 47.63 acre tract of land out of Lots 8 and
9, Section 9, and Lots 30 and 31, Section 21, Lots 1, 2, 3,
06P.176.01
19390 MICROFILMED
14, 15, and 16, Section 22, Flour Bluff and Encinal Farm and
Garden Tracts, a map of which is recorded in Volume A,
Pages 42 thru 43, Map Records of Nueces County, Texas:
BEGINNING at a point on the west right-of-way line of County
Road 13 (Cimarron Boulevard) for the upper West corner of
this tract, from which corner the centerline intersection
of County Road 13 and Yorktown Boulevard for the North
corner of Lot 19, said Section 21 bears South 60°57'10" East
20.00 feet, then North 29°02'50" East 3,838.19 feet;
THENCE South 60°57'10" East, at 20.00 feet pass said
centerline, in all a distance of 610.00 feet for an inside
corner of this tract;
THENCE North 29°02'50" East 27.30 feet for a corner of this
tract;
THENCE South 60°57'10" East 140.00 feet for a corner of this
tract;
THENCE South 29°02'50" West 257.00 feet for an inside corner
of this tract;
THENCE South 60°57'10" East 230.00 feet for an inside corner
of this tract;
THENCE North 29°02'50" East 1300.78 feet for a
this tract;
THENCE South 60°57'10" East 90.00
tract;
THENCE South 64°17'42" East 50.09
tract;
THENCE South 60°57'10" East 90.00
of this tract;
corner of
feet for a corner of this
feet for a corner of this
feet for an inside corner
THENCE North 29°02'50" East 448.70 feet for the North
of this tract;
corner
THENCE South 60°57'10" East 90.00 feet for a corner of this
tract;
THENCE South 29°92'50" West 16.93 feet for an inside
of this tract;
corner
THENCE South 60°57'10" East 600.29 feet for the East corner
of this tract;
06P.176.01
THENCE South 29°02'45" West 1945.77 feet for the South
corner of this tract;
THENCE North 60°57'10" West 2000.34 feet to a point on the
west right-of-way line of County Road 13 for the lower West
corner of this tract;
THENCE North 29°02'50" East, along said west right-of-way
line, 440.00 feet for 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.176.01
ANNEXATION CONTRACT
THE STATE OF TEXAS )
COUNTY OF NUECES )
This Contract and Agreement made and entered into in duplicate
originals by and between Hank Olson Development, 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 and conditions hereafter stated.
WITNESSETH:
The owner is owner 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 hereto
and marked Exhibit "A", and being more particularly described as
follows, to wit:
FIELDNOTES for a 47.63 acre tract of land out of Lots 8
and 9, Section 9, and Lots 30 and 31, Section 21, Lots 1,
2, 3, 14, 15 and 16, Section 22, Flour Bluff and Encinal
Farm and Garden Tracts, a map of which is recorded in
Volume A, Pages 42 thru 43, Map Records of Nueces County,
Texas:
BEGINNING at a point on the west right-of-way line of
County Road 13 (Cimarron Boulevard) for the upper West
corner of this tract, from which corner the centerline
intersection of County Road 13 and Yorktown Boulevard for
the North corner of Lot 19, said Section 21b bears South
60 57'10" East 20.00 feet, then North 29 02'50" East
3,838.19 feet;
THENCE South 60°57'10" East, at 20.00 feet pass said
centerline, in all a distance of 610.00 feet for an inside
corner of this tract;
THENCE North 29°02'50" East 27.30 feet for a corner of
this tract;
THENCE South 60°57'10" East 140.00
this tract;
THENCE south 29°02'50" West 257.00 feet for an
corner of this tract;
THENCE South 60°57'10" East 230.00 feet for an inside
corner of this tract;
THENCE North 29°02'50" East 1300.78 feet for a corner of
this tract;
THENCE South 60°57'10" East 90.00 feet for a corner of
this tract;
THENCE South 64°17'42" East 50.09 feet for a corner of
this tract;
THENCE South 60°57'10" East 90.00 feet for an inside
corner of this tract;
THENCE North 29°02'50" East 448.70 feet for the North
corner of this tract;
THENCE South 60°57'10" East 90.00 feet for a corner of
this tract;
THENCE South 29°92'50" West 16.93 feet for an inside
corner of this tract;
THENCE South 60°57'10" East 600.29 feet for the East
corner of this tract;
THENCE South 29°02'45" West 1945.77 feet for the South
corner of this tract;
THENCE North 60°57'10" West 2000.34 feet to a point on the
west right-of-way line of County Road 13 for the lower
West corner of this tract;
THENCE North 29°02'50" East, along said west right-of-way
line, 440.00 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
essential part of the consideration of the 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;
feet for a corner
of
inside
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;
5. The developer agrees to construct the off-site 21
inch diameter sanitary sewer gravity trunk line along
Cimarron Boulevard south of Saratoga Boulevard in
accordance with the Sanitary Sewer Master Plan;
6. The developer agrees to construct one half of
Cimarron Boulevard along the western boundary of this
tract in conjunction with the first final plat
submitted.
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:
Hank Olson
President
ATTEST:
City Secretary Craig A. McDowell
APPROVED: DAY OF
HAL GEORGE, CITY ATTORNEY
City Manager
,1986;
By By
Assistant City Attorney Assistant City Manager
(200.13M)
3-i7.Z3
That the foregoing ordinance #z read for t e first time and posed to its
second reading on this the 0 day of , 19J , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinance �w��� read for he econd time and sed to its
third reading on this the /J7l�iiay of , 196Q , by the
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinan as read for the third time and passed finally
on this the22nd day of ,� , 19J6 , by the followi ,! vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
PASSED AND APPROVED, this the 2 .72J day of
ATTEST:
City Secretary
APPROVED:
R DAY OF
, 19E:
nOtf
ssistant
torney
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
19.390