HomeMy WebLinkAbout19664 ORD - 02/06/1987AN 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 20,500 SQUARE FEET OF LAND BEING A PORTION OF
LOTS 26 AND 27, SECTION 6, FLOUR BLUFF ENCINAL FARM AND
GARDEN TRACTS, 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 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 February 16, 1987, and on
February 17, 1987, 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 February 17, 1987; 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:
FIELDNOTES for the dedication of a 30.00 foot wide street
right-of-way out of Lots 26 and 27, Section 6, Flour Bluff
03P.040.01
19664 MICROFILMED
and Encinal Farm and Garden Tracts, a map of which is
recorded in Volume A, Pages 41 thru 43, Map Records of
Nueces County, Texas:
BEGINNING at a point on the Northeast boundary line of said
Lot 26 for the East corner of this right-of-way, from which
corner the West corner of Lot 3, Block 1, Stony Brook
Subdivision, a map of which is recorded in Volume 52,
Page 30, of said Map Records bears North 28°56'50" East
30.00 feet;
THENCE South 28°57'20" West, 30.00 feet for the South corner
of this right-of-way;
THENCE North 61°01'40" West, parallel to the Northeast
boundary line of Lots 26 and 27, and 30.00 feet distant
therefrom, measured at right angles thereto, 685.00 feet for
the West corner of this right-of-way;
THENCE North 28°57'20" East 30.00 feet to a point on the
Northeast boundary line of Lot 27 for the North corner of
this right-of-way;
THENCE South 61°02'40" East, along the Northeast boundary
line of said Lots 27 and 26, a distance of 685.00 feet to
the POINT OF BEGINNING and containing 20,500 square feet of
land.
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.
03P.040.01
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
"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 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.
. W I T N E S SETH :
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 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 the dedication of a 30.00 foot wide street
right-of-way out of Lots 26 and 27, Section 6, Flour
Bluff and Encinal Farm and Garden Tracts, a map of which
is recorded in Volume A, Pages 41 thru 43, Map Records of
Nueces County, Texas:
BEGINNING at a point on the Northeast boundary line of
said Lot 26 for the East corner of this right-of-way,
from which corner the West corner of Lot 3, Block 1,
Stony Brook Subdivision, a map of which is recorded in
Volume 52, Page 30 of said Map Records bears North 28°
56' 50" East 30.00 feet;
THENCE South 28° 57' 20" West, 30.00 feet for the South
corner of this right-of-way;
THENCE North 61° 01° 40" West, parallel to the Northeast
boundary line of Lots 26 and 27, and 30.00 feet distant
therefrom, measured at right angles thereto, 685.00 feet
for the West corner of this right-of-way;
THENCE North 28° 57' 20" East 30.00 feet to a point o
the Northeast boundary line of Lot 27 for the North
corner of this right-of-way;
THENCE South 61° 02' 40" East, along the Northeast
boundary line of said Lots 27 and 26, a distance of
685.00 feet to the POINT OF BEGINNING and containing
20.500 square feet of land.
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 Ordi-
nance.
2. Owner agrees to pay water and sanitary sewer acreage fees in
accordance with the Platting Ordinance prior to City acceptance of
the street construction improvements.
3. City agrees to a nce provision of fire, police, health, sanita—
tion and other usual city services after the effective date of
annexation.
4. City agrees to accept sewer, street and drainage facilities after
construction byw er according to i Plthereafter.
ty atigOdinane stan—
dards and agrees maiaccorsnch
fIt 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 5th day of . 19S'.
ATTEST: OWNER:
CORPUS CHRISTI LAND VENTURE ASSOC.
ATTEST:
)er
rtner
City Secretary
CITY OF CORPUS CHRISTI:
Craig McDowell
City Manager
APPROVED: DAY OF , 1986:
HAL GEORGE, CITY ATTORNEY
Ey
Assistant City Attorney
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That the foregoing ordinance as read for tie first time and passed to its
second reading on this the day day of
following vote:
Luther Jones
Dr. Jack Best
David Berlanga, Sr.
Leo Guerrero
Joe McComb
Frank Mendez
Bill Pruet
Mary Pat Slavik
Linda Strong
igg7 , by the
That the foregoing ordinance 1,s1 read for d time and p sed to its
third reading on this the 55 day of , 19sec, 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 ordina w�a� read for the,,,third time and passed finally
on this the/6thday o '�(�ihU1 , 19"/ , by the followiy2
vote:
OF i
1..
/a
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 fle7r'1 day of t" -Late" ' , 19 '7 .
ATTE
City Secretary
P OVED:
DAY OF
HAL GEORGE, CITY ATTO
By
197:
Assistant Cityrney
99.044.01
MAY►•''
THE CITY CORPUS CHRISTI, TEXAS
19664