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HomeMy WebLinkAbout19391 ORD - 07/22/1986AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE ANNEXATION OF APPROXIMATELY 23.56 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, the Corpus Christi Independent School District 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 the Corpus Christi Independent School District, 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 23.56 acre tract of land out of Lots 25 thru 27, Section 11, and out of Lots 7 and 8, Section 10, 06P.175.01 19391- MICROFILMED 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 1/2 inch iron rod found for the West corner of Lot 20, Block 10, Brighton Village Unit 4, a map of which is recorded in Volume 49, Pages 117-119, Map Records of Nueces County, Texas, for the North corner of this tract; THENCE South 61°07'45" East along the Southwest line of said Lot 20, Block 10, a distance of 665.00 feet for a corner of this tract; THENCE South 28°52'15" West 1208.48 feet for the point of curvature of a circular curve to the left which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet, and an arc length of 15.71 feet; THENCE with said circular curve to the left, 15.71 feet for the point of tangency and for the point of curvature of a circular curve to the right which has a central angle of 08°00'00", a radius of 2895.13 feet, a tangent distance of 202.45 feet, and an arc length of 404.24 feet for the point of tangency; THENCE South 53°07'45" East 100.00 feet for the point of curvature of a circular curve to the left which has a central angle of 08°00'00", a radius of 2710.44 feet, a tangent distance of 189.53 feet and an arc length of 378.45 feet; THENCE with said circular curve to the left, 378.45 feet for the point of tangency; THENCE South 61°07'45" East 377.02 feet for the point of curvature of a circular curve to the left which has a central angle of 89°54'45", a radius of 10.00 feet, a tangent distance of 9.99 feet and an arc length of 15.69 feet; THENCE with said circular curve to the left, 15.69 feet for the point of tangency; THENCE North 28°57'30" East parallel to the centerline of Cimarron Boulevard thereof and 40.00 feet distant therefrom measured at right angles thereto, 1276.97 feet to the South corner of Lot 31, Block 6, Brighton Village Unit 4, a map of which is recorded in Volume 49, Pages 117-119, said Map Records for a corner of this tract; 06P.175.01 THENCE South 61°07'45" East 40.00 feet to a point on the centerline of Cimarron Boulevard for the East corner of this tract; THENCE South 28°57'30" West along the abovementioned centerline 1986.54 feet for the South corner of this tract; THENCE North 61°05'10" West 39.96 feet for a corner of this tract; THENCE North 28°57'30" East parallel to the centerline of said Cimarron Boulevard, 619.54 feet for the point of curvature of a circular curve to the left which has a central angle of 90°05'00", a radius of 10.00 feet, a tangent distance of 10.02 feet, and an arc length of 15.72 feet; THENCE with said circular curve to the left 15.72 feet for the point of tangency; THENCE North 61°07'45" West 376.88 feet for the point of curvature of a circular curve to the right which has a central angle of 08°00'00", a radius of 2780.44 feet, a tangent of 194.43 feet and an arc length of 388.22 feet; THENCE with said circular curve to the right, 388.22 feet for the point of tangency; THENCE North 53°07'45" West 100.00 feet for the point of curvature of a circular curve to the left which has a central angle of 08°00'00", a radius of 2825.13 feet, a tangent distance of 197.55 feet and an arc length of 394.46 feet; THENCE with said circular curve to the left, 394.46 feet for the point of tangency; THENCE North 61°07'45" West 675.37 feet for the West corner of this tract; THENCE North 28°53'14" East 1288.48 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.175.01 THE STATE OF TEXAS COUNTY OF NUECES This Contract and Agreement made and entered into in duplicate originals by and between the Corpus Christi Independent School District, hereinafter called "owner., and the City of Corpus Christi,. Texas, a home -rule city of more than 200,000 papulation, 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 hereinafter 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 23.56 acre tract of land out of Lots 25 thru 27, Section 11, and out of Lots 7 and 8, Sectioh 10, 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 1/2 inch iron rod found for the West corner of Lot 20, Block 10 Brighton Village Unit 4, a map of which is recorded in Volume 49, Pages 117-119 Map Records of Nueces County, Texas for the North corner of this tract; THENCE South 61'07'45" East along the Southwest line of said Lot 20, Block 10, a distance of 665.00 feet for a corner of this tract; THENCE South 28°52'15" West 1208.48 feet for the point of curvature of a circular curve to the left which has a central angle of 90°00'00", a radius of 10.00 feet, a tangent distance of 10.00 feet, and an arc length of 15.71 feet; THENCE with said circular curve to the left, 15.71 feet for the point of tangency and for the point of curvature of a circular curve to the right which has a central angle of 08°00'00", a radius of 2895.13 feet, a tangent distance of 202.45 feet, and an arc length of 404.24 feet for the point of tangency; THENCE South 53°07'45" East 100.00 feet for the point of curvature of a circular curve to the left which has a central angle of Page 1 of 3 08°00'00", a radius of 2710.44 feet, a tangent .distance of 189.53 feet and an arc length of 378.45 feet; THENCE with said circular curve to the left, 378.45 feet for the point of tangency; THENCE South 61°07'45" East 377.02 feet for the point of curvature of a circular curve to the left which hasa central angle of 89°54'4510, a radius of 10.00 feet, a tangent distance of 9.99 feet and an arc length of 15.69 feet; THENCE with said circular curve to the left, 15.69 feet for the point of tangency; - - THENCE North 28°57'30" East parallel to the centerline of Cimarron Boulevard thereof and 40.00 feet distant therefrom measured at right angles thereto, 1276.97 feet to the South corner of Lot 31, Block 6 Brighton Village Unit 4 a map of which is recorded in Volume 49, Pages 117-119 said Map Records for a corner of this tract; • THENCE South 61°07'45" East 40.00 feet to a point on the centerline of Cimarron Boulevard for the East corner of this tract; THENCE South 28°57'30" West along the abovementioned centerline 1986.54 feet for the South corner of this tract; THENCE North 61°05'10" West 39.96 feet for a corner of this tract; THENCE North 28°57'30" East parallel to the centerline of said Cimarron Boulevard, 619.54 feet for the point of curvature of a circular curve to the left which has a central angle. of 90°05'00", a radius of 10.00 feet, a tangent distance of 10.02 feet, and an arc length of 15.72 feet; THENCE with said circular curve to the left 15.72 feet for the point of tangency;• - THENCE North 61°07'45" West 376.88 feet for the point of curvature of a circular curve to the right which has a central angle of 08°00'00", a radius of 2780.44 feet, a tangent of 194.43 feet and an arc length of 388.22 feet; THENCE with said circular curve to the right, 388.22 feet for the point of tangency; THENCE North 53°07'45" West 100.00 feet for the point of curvature of a circular curve to the left which has a central angle of 08°00'00", a radius of 2825.13 feet, a tangent distance of 197.55 feet and an arc length of 394.46 feet; THENCE with said circular curve to the left, 394.46 feet for the point of tangency; - - THENCE North 61°07'45" West 675.37 feet for the West corner of this tract; THENCE North 28°53'14" East 1288.48 feet to the POINT OF BEGINNING. It is agreed by and between the parties hereto that the abovedescribed 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 Page 2 of 3 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, the Owner and City will perform the following conditions: 1. Owner agrees to comply with all provisions of the Platting Ordinance. 2. Construct one-half of Cimarron Boulevard abutting tract to include curb and gutter, sidewalk, pavement and base, and storm sewer as required. Width of street to be as established on Corpus Christi Urban Transportation Plan. 3 Construct 24 -inch diameter sanitary sewer across Cimarron Boulevard frontage of tract per current Sanitary Sewer Master Plan and reimbursement policy of City Platting Ordinance. 4. City agrees to commence provision of fire, police, health, sanitation and other usual city services after the effective date of annexation. 5. City agrees to accept sewer, street and drainage facilities after construction' by owner according to City Platting Ordi- nance standards and agrees to maintain such facilities there- after. 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: President, Corpus Christi Independent School District School Board ATTEST: day of , 1986. Assistant Secretary, Corpus Christi Independent School District School Board City Secretary Craig A. McDowell City Manager APPROVED: day of , 1986: HAL GEORGE, CITY ATTORNEY By By Assistant City Attorney Assistant City Manager (105.43) Page 3 of 3 e .j , • That the foregoing ordinance second reading on this the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero read for t �j day of That the foregoing ordinance was` read third reading on this the piki day following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Thatthe foregoin ordina a as oq.th`i s the 2day of Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero first time and p sed to its , 19 , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong for the econd of �� Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong time and p ssed to its , 19 , by the read for the third time and passed finally , 19 , by the following vote: Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the day of ATTEST: , 19/ . City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 7T1 DAY OF effi ssi stant 1ty ti rney , 19 19391