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HomeMy WebLinkAbout19500 ORD - 09/23/1986AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND T & H DEVELOPMENT FOR THE ANNEXATION OF APPROXIMATELY 22.95 ACRES OF LAND BEING A PORTION OUT OF LOT 8, SECTION 19, BOHEMIAN COLONY LANDS, 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, T & H 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 August 28, 1986, and on September 2, 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 September 2, 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 OFl 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 T & H 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: 08P.155.01 issoo MICROFILMED 08P.155.01 FIELDNOTES for 22.95 acres of land out of Lot 8, Section 19, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas: BEGINNING at a 5/8 inch iron rod set on the common boundary line of Lots 7 and 8, said Section 19, for the West corner of Cedar Ridge Unit 1, a map of which is recorded in Volume 48, Pages 164 and 165 of said Map Records and for the South corner of this tract; THENCE, North 61°32'00" West, along said common boundary line of said Lots 7 and 8, a distance of 1555.97 feet to a point on the centerline of Weber Road for the North corner of said Lot 7, the West corner of said Lot 8 and for the West corner of this tract; THENCE, North 29°00'00" East, along said centerline of Weber Road, same being the Northwest boundary line of said Lot 8, a distance of 17.44 feet for a corner of this tract; THENCE, leaving said Northwest boundary line, North 88°08'00" East, along the Southeast boundary line of a 160.00 foot wide City of Corpus Christi drainage right-of-way, 475.59 feet for the point of curvature of a circular curve to the left whose radius point bears North 01°52'00" West 367.94 feet and which has a central angle of 15°06'00", a radius of 367.94 feet, a tangent distance of 48.77 feet and an arc length of 96.97 feet; THENCE, with said circular curve to the left, 96.97 feet for the point of tangency; THENCE, North 73°02'00" East, continuing along the Southeast boundary of said drainage right-of-way, 1254.89 feet to a 5/8 inch iron rod set for a corner of said Cedar Ridge Unit 1 and for the North corner of this tract; THENCE, leaving the Southeast boundary of said drainage right-of-way, South 16°58'00" East, along the Northwest subdivision line of Cedar Ridge Unit 1, a distance of 381.52 feet to a 5/8 inch iron rod set for the point of curvature of a circular curve to the left whose radius point bears North 73°02'00" East 175.00 feet and which has a central angle of 30°21'22, a radius of 175.00 feet, a tangent distance of 47.47 feet and an arc length of 92.72 feet; THENCE, with said circular curve to the left, 92.72 feet to a 5/8 inch iron rod set for an inside corner of said Cedar Ridge Unit 1 and for the East corner of said tract; THENCE, South 42°40'38" West, continuing along said Northwest subdivision line, 100.00 feet to a 5/8 inch iron rod set for an inside corner of Cedar Ridge Unit 1, for a corner of this tract and the point of curvature of a circular curve to the right whose radius point bears North 42°40'38" East 275.00 feet and which has a central angle of 07°42'07", a radius of 275.00 feet, a tangent distance of 18.51 feet and an arc length of 36.97 feet; THENCE, with said circular curve to the right, 36.97 feet to a 5/8 inch iron rod set for the point of tangency, for a corner of said Cedar Ridge Unit 1 and for an inside corner of this tract; THENCE, South 50°22'45" West, continuing along said Northwest subdivision line 150.00 feet to a 5/8 inch iron rod set for a corner of said Cedar Ridge Unit 1, for an inside corner of this tract and for the point of curvature of a circular curve to the left whose radius point bears North 50°22'45" East 425.00 feet and which has a central angle of 01°57'13", a radius of 425.00 feet, a tangent distance of 7.25 feet and an arc length of 14.49 feet; THENCE, with said circular curve to the left, 14.49 feet to a 5/8 inch iron rod set for the point of tangency, for an inside corner of Cedar Ridge Unit 1 and for a corner of this tract; THENCE, South 48°25'32" West, continuing along said Northwest subdivision line, 150.00 feet to a 5/8 inch iron rod set for a corner of Cedar Ridge Unit 1, for an inside corner of this tract and for the point of curvature of a circular curve to the left whose radius point bears North 48°25'32" East 575.00 feet and which has a central angle of 00°50'51", a radius of 575.00 feet, a tangent distance of 4.25 feet and an arc length of 8.51 feet; THENCE, with said circular curve to the left, 8.51 feet to a 5/8 inch iron rod set for the point of tangency, for an inside corner of Cedar Ridge Unit 1 and for a corner of this tract; THENCE, South 47°34'38" West, along said Northwest subdivision line, 54.62 feet to a 5/8 inch iron rod set for an angle point of Cedar Ridge Unit 1 and of this tract; THENCE, South 28°28'00" West, continuing along said Northwest subdivision line, 472.98 feet for the POINT OF BEGINNING. 08P.155.01 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. 08P.155.01 O ANNEXATION CONTRACT THE STATE OF TEXAS ) COUNTY OF NUECES ) This Contract and Agreement made and entered into in duplicate originals by and between T & H .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. WITNESSET H: 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 22.95 acres of land out of Lot 8, Section 19, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas: BEGINNING at a 5/8 inch iron rod set on the common boundary line of Lots 7 and 8, said Section 19 for the West corner of Cedar Ridge Unit 1, a map of which is recorded in Volume 48, Pages 164 and 165 of said Map Records and for the South corner of this tract; THENCE, North 61032'00" West, along said common boundary line of said Lots 7 and 8, a distance of 1555.97 feet to a point on the centerline of Weber Road for the North corner of said Lot 7, the West corner of said Lot 8 and for the West corner of this tract; THENCE, North 29000'00" East, along said centerline of Weber Road, same being the Northwest boundary line of said Lot 8, a distance of 17.44 feet for a corner of this tract; THFdNCE, leaving said Northwest boundary line, North 88-08'00 East, along the Southeast boundary line of a 160.00 foot wide City of Corpus Christi drainage right-of-way, 475.59 feet for the point of curvature of a cirdcular curve to the left whose radius point bears North 01 52'00" West 367.94 feet and which has a central angle 0 of 15°06'00", a radius of 367.94 feet, a tangent distance of 48.77 feet and an arc length of 96.97 feet; THENCE, with said circular curve to the left, 96.97 feet for the point of tangency; THENCE, North 73°02'00" East, continuing along the Southeast boundary of said drainage right-of-way, 1254.89 feet to a 5/8 inch iron rod set for a corner of said Cedar Ridge Unit 1 and for the North corner of this tract; THENCE, leaving the Soaitheast boundary of said drainage right-of-way, South 16 58'00" East, along the Northwest subdivision line of Cedar Ridge Unit 1, a distance of 381.52 feet to a 5/8 inch iron rod set for the point of curvature of a circllar curve to the left whose radius point bears North 73 0A'00" East 175.00 feet and which has a central angle of 30 21'22, a radius of 175.00 feet, a tangent distance of 47.47 feet and an arc length of 92.72 feet; THENCE, with said circular curve to the left, 92.72 feet to a 5/8 inch iron rod set for an inside corner of said Cedar Ridge Unit 1 and for the East corner of said tract; THENCE, South 42°40'38" West, continuing along said Northwest subdivision line, 100.00 feet to a 5/8 inch iron rod set for an inside corner of Cedar Ridge Unit 1, for a corner of this tract and the point of curvature of a circular curve to the right whose radius point bears North 42°40'38" East 275.00 feet and which has a central angle of 07°42'07", a radius of 275.00 feet, a tangent distance of 18.51 feet and an arc length of 36.97 feet; THENCE, with said circular curve to the right, 36.97 feet to a 5/8 inch iron rod set for the point of tangency, for a corner of said Cedar Ridge Unit 1 and for an inside corner of this tract; THENCE, South 50°22'45" West, continuing along said Northwest subdivision line 150.00 feet to a 5/8 inch iron rod set for a corner of said Cedar Ridge Unit 1, for an inside corner of this tract and for the point of curvature of a circular curve to the left whose radius point bears North 50-22'45" East 425.00 feet and which has a central angle of 01°57'13", a radius of ;425.00 feet, a tangent distance of 7.25 feet and an arc length of 14.49 feet; THENCE, with said circular curve to the left, 14.49 feet to a 5/8 inch iron rod set for the point of tangency, for an inside corner of Cedar Ridge Unit 1 and for a corner of this tract; THENCE, South 48°25'32" West, continuing along said Northwest subdivision line, 150.00 feet to a 5/8 inch iron rod set for a corner of Cedar Ridge Unit 1, for an inside corner of this tact and for the point of curvature of a circular curve to the left whose radius point bears North 48 25'32" East 575.00 feet and which has a central angle of 00°50'51", a radius of 575.00 feet, a tangent distance of 4.25 feet and an arc length of 8.51 feet; THENCE, with said circular curve to the left, 8.51 feet to a 5/8 inch iron rod set for the point of tangency, for an inside corner of Cedar Ridge Unit 1 and for a corner of this tract; THENCE, South 47°34'38" West, along said Northwest subdivision line, 54.62 feet to a 5/8 inch iron rod set for an angle point of Cedar Ridge Unit 1 and of this tract; v THENCE, South 28028'00" West, continuing along said Northwest subdivision line, 472.98 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 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. 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: Bryan Tucker, President ATTEST: City Secretary Craig A. McDowell APPROVED: HAL GEORGE, CITY ATTORNEY City Manager DAY OF 1986; Sy By Assistant City Attorney Assistant City Manager (200.33M) 0 That the foregoing ordinance was read for the first time and passed to its second reading on this the q day of e„00.2/1 , 19_Eg_, by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the foregoing ordinance yis third reading on this the /rp following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong read fort e econd time and passed to its � day of `fib4, 19,45 , by the Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the fomgojng ordinan was read for the third time and passed finally on this the day of 1 Ctt.c� , 19, by the followi g vote: `1 Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero PASSED AND APPROVED, ATTEST: ity Secretary APPROVED: ,XLC DAY OF 6190Y7' jDei /�r Assistant Circ torney Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong this the 23yd/day of MAYOR THE CIT OF CORPUS CHRISTI, TEXAS ,19fI 195®