HomeMy WebLinkAbout19591 ORD - 12/30/1986AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND LAKE PADRE,
LTD. FOR THE ANNEXATION OF APPROXIMATELY 73.4 ACRES OF LAND
OWNED BY LAKE PADRE, LTD., 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, Lake Padre, Ltd. 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 December 8, 1986, and on
December 9, 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 December 9, 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 Lake Padre, Ltd., 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:
09P.172.01
19c91 MICROFILMED
Being a 73.4 acre tract of land more or less, owned by Lake
Padre, Limited. A tract described in Deed Volume 1945,
Page 916, recorded in the Nueces County Deed Records, Nueces
County, Texas, and being more particularly described by
metes and bounds as follows:
COMMENCING at the intersection of the southeast right of way
line of the 50 feet wide Tortugas Avenue (the present city
limit line as established by Ordinance No. 16752, dated
November 9, 1981) and the north right of way line of the
50 feet wide Corrientes Drive; as recorded in Vol. 1,
Pages 1-8 of the Nueces County Map Records;
THENCE north 1°16'30" east, 1100 feet, along the east right
of way line of Tortugas Avenue to a corner on the present
city limit line and the northwest corner of this tract;
THENCE south 88°43'30" east, 2468.45 feet, along the north
boundary line of this tract and said present city limit
line, to the beginning of a curve to the right;
THENCE along the present city limit line and said curve to
the right having a central angle of 36°14'36", a radius of
300 feet, a distance of 189.77 feet;
THENCE south 24°48'58" west, 128.25 feet with said present
city limit line, to the southwest corner of the right of way
line of the 100 feet wide Leeward Drive; as recorded in
Vol. 33, Pages 97-99 of Nueces County Map Records;
THENCE south 65°11'02" east, 741.82 feet more or less, along
said present city limit line and the south boundary line of
Tract B, Section A (as recorded in Volume 33, Pages 97-99 of
the Nueces County Map Records) and its easterly extension,
to a point, the 1.37 foot line above mean sea level of the
Gulf of Mexico side of Mustang Island with elevation based
on U.S.C. and G. S. datum of 1929, the same being a point on
the present city limit line, established by Ordinance
No. 15415, dated March 19, 1980, for a corner;
THENCE in a southwesterly direction with the meanders of
said present city limit, a distance of 50.19 feet more or
less, to a point for a corner;
THENCE north 65°15'30" west, 629.49 feet more or less,
leaving said present city limit line, to a point for a
corner;
THENCE south 24°53'30" west, 1369.16 feet, along the east
boundary line to the southeast corner of this tract;
09P.172.01
THENCE north 88°43'30" west, 884.95 feet, along the south
boundary line of this tract to the intersection of the south
right of way line of the 50 feet wide Viento Del Mar and the
east right of way line of the 50 feet wide Aldama Avenue as
recorded in Volume 13, Pages 1-8, of the Nueces County Map
Records, the same line being the north boundary line of
Nueces County Park Number 1;
THENCE north 1°16'30" east, 550 feet, along the east right
of way line of the 50 feet wide Aldama Avenue, to the
northeast corner of the intersection of the north right of
way line of the 50 feet wide Corrientes Drive and the east
right of way line of the 50 feet wide Aldama Avenue; as
recorded in Volume 13, Pages 1-8 of the Nueces County Map
Records;
THENCE north 88°43'30" west, 1050 feet, along the north
right of way line to Corrientes Drive, to the point of
beginning, and containing 73.4 acres of land, more or less.
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.
09P.172.01
5
ANNEXATION CONTRACT
THE STATE OF TEXAS
COUNTY OF NUECES
This Contract and Agreement made and entered into in duplicate originals
by and between Lake Padre. LTD., 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 Nuecea 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.
WITNESSETE:
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 o£'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:
Being a 73.4 acre tract of land more or less, owned by Lake Padre,
Limited. A tract described in Deed Volume 1945, Page 916, recorded
in the Nueces County Deed Records, Nueces County, Texas and being
more particularly described by metes and bounds as follows:
COMMENCING at the intersection of the southeast right of way line
of the 50 feet wide Tortugas Avenue (the present city limit line as
established by Ordinance No. 16752, dated November 9, 1981) and the
north right of way line of the 50 feet wide Corrientes Drive; as
recorded in Vol. 1, Pages 1-8 of the Nueces County Map Records;
THENCE north 1° 16' 30" east, 1100 feet, along the east right of
way line of Tortugas Avenue to a corner on the present city limit
line and the northwest corner of this tract;
THENCE south 88' 43' 30" east, 2468.45 feat, along the north
boundary line of this tract and said present city limit line, to
the beginning of a curve to the right;
THENCE along the present city limit line and said curve to the
right having a central angle of 36° 14' 36", a radius of 300 feet,
a distance of 189.77 feet;
THENCE south 24' 48' 58" west, 128.25 feet with said present city
limit line, to the southwest corner of the right of way line of the
100 feet wide Leeward Drive; as recorded in Vol. 33, Pages 97-99 of
Nueces County Map Records;
t ,R.
THENCE south 65° 11' 02" east, 741.82 feet more or less, along said
present city limit line and the south boundary line of Tract 3,
Section A (as recorded in Volume 33, Pages 97-99 of the Nueces
County Map Records) and its easterly extension, to a point, the
1.37 foot line above mean sea level of the Gulf of Mexico side of
Mustang Island with elevation based on U.S.C. and G. S. datum of
1929, the same being a point on the present city limit line,
established by Ordinance No. 15415, dated March 19, 1980 for a
corner;
THENCE in a southwesterly direction with the meanders of said
present city limit, a distance of 50.19 feet more or less, to a
point for a corner;
THENCE north 65° 15' 30" west, 629.49 feet more or less, leaving
said present city limit line, to a point for a corner;
THENCE south 24' 53' 30" west. 1369.16 feet, along the east
boundary line to the southeast corner of this tract;
THENCE north 88° 43' 30" west, 884.95 feet, along the south
boundary line of this tract to the intersection of the south right
of way line of the 50 feet wide Viento Del Mar and the east right
of way line of the 50 feet wide Aldama Avenue as recorded in Volume
13, Pages 1-8 of the Nueces County Map Records, the same line being
the north boundary line of Nueces County Park Number 1;
THENCE north 1' 16' 30" east, 550 feet, along the east right of way
line of the 50 feet wide Aldama Avenue, to the northeast corner of
the intersection of the north right of way line of the 50 feet wide
Corrientes Drive and the east right of way line of the 50 feet wide
Aldama Avenue; as recorded in Volume 13, Pages 1-8 of the Nueces
County Map Records;
THENCE north 88' 43' 30" west, 1050 feet, along the north right of
way line to Corrientes Drive, to the point of beginning, and
containing 73.4 acres of land, more or less.
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: OWNER:
Lake Padre, Ltd.
Secretary Ralph Durden
ATTEST: CITY OF CORPUS CHRISTI:
City Secretary Craig McDowell, City Manager
APPROVED: DAY OF , 1986:
RAL GEORGE, CITY ATTORNEY
By
By
Assistant City Attorney Assistant City Manager
9
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GULF OF MEXICO
That the foregoing ordinance was
second reading on this the AWL
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
read for a firs time and p sed to its
day of , 190 , by the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
That the foregoing ordinanc4,was read for t
third reading on this the day of 4
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
That the foregoing ordina
on this thec0 day of
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
time andsed to its
, 1940 , by the
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
Is rea for the third time an
?C , 19 , by the fo
PASSED AND APPROVED, this the (10\
ATTEST:
y SecretaryAC1.------
APPRQVED:
A l AY OF n�.e,., .h 194
� .
HAL GEORGE, CITY ATTORNEY
By
A eR-. City Attorney
99.044.01 , ,,
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
day of
/?
MAYOR
d passed finally
llowing vote:
THE CITY OF CORPUS CHRISTI, TEXAS
19991