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HomeMy WebLinkAbout020627 ORD - 03/14/1989AN ORDINANCE ANNEXING 96 ACRES OF LAND CONSISTING OF TWO TRACTS COMPRISING PORTIONS OF FRACTIONAL SECTION 8, LOTS 16, 17, 18, 19, AND 20, SECTION 9, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND PEOPLE'S HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 96 ACRES; 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, People's Heritage Federal Savings and Loan Association 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 January 20, 1989, and on January 24, 1989, following publication of due notice of said hearing in the official newspaper, pursuant to the Texas Local Government Code, as amended, for the consideration of institution of proceedings for the annexation of a defined area consisting of two tracts, one equal to 60.61 acres (Tract 1) and the second equal to 35.39 acres (Tract 2) wholly within the extraterritorial jurisdiction of the City of Corpus Christi, more particularly described by metes and bounds attached hereto as Exhibit B attached to and made a part of that Annexation Contract between the City of Corpus Christi and People's Heritage Federal Savings and Loan Association, at which all interested persons were afforded an opportunity to be heard; 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 2(b); 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 tract or parcel of land as set forth in Exhibit A attached, being a copy of annexation contract between the City of Corpus Christi 208RP014. o rd 20627MICROFILMED and People's Heritage Federal Savings and Loan Association, is hereby annexed, said parcel or tract comprising portions of Fractional Section 8, Lots 16, 17, 18, 19, and 20, Section 9, Flour Bluff and Encinal Farm and Garden Tracts, as described by metes and bounds attached hereto as Exhibit B to the Annexation Contract. The above described area shall hereafter be a part of the City of Corpus Christi, Texas, and shall be subject to the general laws of the State of Texas, the City Charter, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi, to all intents and purposes as the present City of Corpus Christi is so subject, and subject to all the rights, privileges and burdens thereof. SECTION 2. That the City Manager of the City of Corpus Christi is hereby authorized and directed to execute an Annexation Contract between the City of Corpus Christi and People's Heritage Federal Savings and Loan Association, a true copy of which contract is attached hereto as Exhibit A 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 by metes and bounds description in the Annexation Contract. SECTION 3. 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. 208RP014.ord ....,. ••••••■•... N. ,,.. ... .... " FILE : PROPOSED ANNEXATIOL, PORTIN OF KING' S CROSSING (96 ACRES) February 1, 1989 N / •• ay' / csrp • al • , • • 111. • ihns Z • • 4.4., • 4160** f 1 e•••••,.. • SCALE: 1" = 800' cr gce, 6/+'c C 111 at 4011001111h, ,,QCT g9/1C, 000 ANNEXATION CONTRACT STATE OF TEXAS § COUNTY OF NUECES § This Contract and Agreement made and entered into in duplicate originals by and between 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," and People's Heritage Federal Savings and Loan Association, hereinafter called "Owners," for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated. W 1TN ESSETH: The owners are owners in fee simple and of all existing rights, titles and interest 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, generally delineated on the map attached hereto and marked Exhibit A, and being more particularly described by metes and bounds description attached hereto as Exhibit B. 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. It is further agreed by and between the parties that as an essential part of the consideration of this Contract, Owners agree to: (a) pay water lot/acreage fees prior to filing each final plat for said tract in accordance with the Platting Ordinance; (b) comply with all provisions of the Platting Ordinance; (c) identify existing encroachments to rights-of-way, easements and utilities; The City agrees to and the City Council hereby approves the following service plan for the area hereby annexed: (a) Improvements to be constructed include streets, curbs and gutters, water, drainage and sanitary sewer. Gas service will be available; there are no improvements in place. (b) The City will assume maintenance of any new streets, curbs and gutters, water and sewer facilities after construction and 208RP014.ord acceptance by the City of those improvements in place within 60 days of the effective date of annexation. (c) Items to be provided in the Service Plan for Tracts 1 and 2 are as follows: 1. Public safety protection, including fire and police protection, will be provided at a comparable level of service as other parts of the City on the effective Gate cf annexation; 2. City garbage and brush collection will begin two weeks after the effective date of annexation; 3. The City Code Enforcement activity, which includes high weeds and grass, care of premises, and abandoned or junked automobiles, will be initiated within 60 days of the effective date of annexation; 4. The City's Park and Recreation Department will assume normal park maintenance of dedicated park areas within the subdivisions that are developed in accordance with the Platting Ordinance of the City of Corpus Christi; 5. The process of zoning areas other than "R -1E" Single-family will commence within 60 days of the effective date of annexation; and 6. City maintenance of street lighting and street signs will commence within 60 days of the effective date of annexation, or as installed and accepted by the City in accordance with the Platting Ordinance. It is further agreed that all of the above conditions shall be binding upon the successors and assigns of the said Cwners and each of them and shall constitute covenants running with the land. 19 gi . ATTEST: WITNESS OUR HANDS, this the ATTEST: City Secretary 208RP014.ord day of `�-ea R u OWNERS PEOPLES HERITAGE FEDERAL SAVINGS & LOAN ASSOCIATIE Se •r Vice .'resident (Type. and title) CITY OF CORPUS CHRISTI, TEXAS Juan Garza, City Manager APPROVED: DAY OF , 19 HAL GEORGE, CITY ATTORNEY By Ruben Perez, Assistant City Attorney 208RP014. ord Exhibit B Attached to and made a part of that Annexation Contract by and between the City of Corpus Christi and People's Heritage Federal Savings and Loan Association. Tract 1 STATE OF TEXAS COUNTY OF NUECES FZ'ELDN0TES for annexation of 60.161 acres of land compti s.i ng portions of Fractional Section 8, lots 16, 17, 18, 19 and 20, Section 9,Flour EnGiz18.� Farm and Garden Tracts, Bluff and r a map of which . s recorded in Vol irme A, Pages 41, 42 and 43, Map Records of Nueces County, Texas: 3EG.'NNZ'NG at a point on the centerline of County Road No. 13 ?or the North- east corner of this tract from which corner a 5/8 .tach iron rod set flus4 with the pavement at the centerline intersection of Yorktown Boulevard and County Read No. 13 bears North 29°02'5W! East 5880.00 feet; THENCE South 29°02'50" West, along the centerline of said County Road No. 13 and East boundary of said Section 9, a distance of 2620.00 feet for the Southeast corner of this tract; THENCE North 60657'20" West, at 20.00 feet pass the West boundary of said County Road No. 13, in all a distance of 50.00 feet for the point of curvature of a circular curve to the 2 eft which has a central angle of 29°00'00", a radiusf 0 309.34 Feet, a tangent distance of 80.00 feet and an arc length of 156.57 feet; THENCE, with said circular curve to the left, 256.57 feet for theint of tangency; � THENCE North 89°57'20" West 692.23 feet for an ,inside corner of this tract; THENCE South 00°02'50" West 475.00 feet for a corner of this tract; THENCE South 45°02'52" West 922.72 feet fora corner of this tract; THENCE North 89°57'20" West 333.12 feet to the Northeast gradient boundary line of Oso Creek as accepted by the General Land Offico per letter dated October 22 2 983 for the Southwest corner of this tract; .. THENCE, along said gradient boundary, as follows: North 14°33'40" West, 254.86 feet; North 06°44'20" West, 244.34 feet; North 00°02'00" West, 190.89 feet; North 04°30'30" East, 203.70 feet; North 32°00'45" East, 120.96 feet; North 01°06'15" West, 162.67 feet; Page 2 North 00°53'20" East, 86.57 feet; North 19°20'25" East, 292.37 feet; North 42°23'25" East, 44.73 feet; North 03°27'30" East, 107.04 feet; South 60°32'20" West, 77.00 feet; South 19°25'40" West, 66.13 feet; South 37°34'20" Pest, 147.83 feet; North 27°26'00" West, 98.75 feet; North 09°03'55" East, 52.10 feet; North 23°25'45" East, 72.53 feet; North 13°52'15" East, 94.53 feet for the Northwest corner of this fact THENCE, leaving said Oso Creek, South 89°46'32" ,bast 623.59 feet for an 5.si de corner of this tract and for the point of curvature of a circular curve to the right whose radius point bears South 89°46'32" as 467.58 and which has a centralangle of 29°58'26", a radius of 467.58 feet, a tangent distance g of z 2S . � 6 feet and arc length of 244.59 feet; THENCE, with said circular curve to the right, 244.59 feet for a corner of this tract; TKENCE South 59°48'16" East 110.00 feet for an ,inside corner and the p cont of curvature of a circular curve to the right whose radius point bears South 59°48'16" East 357.59 feet and which has a central angle of 01°51'07", a radius of 357,059 feet, a tangent distance of 5.78 feet and an arc length of 11.56 feet; THENCE, with said circular -curve to the right, 11.56 feet for the point of tangency; THENCE North 32°02'51" East 126.04 feet for an ,inside cornea' of this tract; THENCE North 57°57'09" West 110.00 feet fora corner of this tract; THENCE North 32°02'51" East 270.00 feet for the point of curvature of a circular curve to the :sight whose radius point bears South 57°57'09" East 660.50 feet and which has a central angle of 43°00'00", a radius of 660.50 feet, a tangent distance of 260.18 feet and an arc length of 495.70 feet; THENCE, with said circular curve to the right, 495.70 feet for the point of tangency, THENCE North 7,5°021$1" East 450.00, feet for the point of curvature of a circular curve to the right whose radius point bears South 14°57'09" East 587.94 Feet and which has a central angle of 22°24'01", a radius of 587.94 feet, a tangent r. distance of 126.42 feet and an arc length of 229.86 feet; THENCE, with said circular curve to the right, 229.86 feet for the ending Point of this curve and a corner of this tract; Page 3 THENCE South 07°26'52" West 210.Q0 feet for an inside corner of thisra and the point of curvature of a circular tocurvet Ct the right whose radius point bears South 07°26'52" West 477.94 feet and which has a central a o ' r d radius of 477.94 feet,a tan angle of 7Y 35 �s� gent di s Lance of 91.17 feet and an arc length of 180.18 feet; THENCE, with sad circular curve to the right, 180.18 feet for then tangency and for d corner of this tract; poi of THENCE South 29°02'52" West 160.00 feet for a corner of this tract and the point of curvature of a circular curve to the left whose radiuso 29°02'51" West 317.94 feet and which� .int bears South has a central angle of 44°00'00", a radius of 3/7.94 feet, a tangent distance of 128.46 feet and an arc length of244.1 feet; THENCE, with said circular curve to the left, 244.16 feet for the tangency; po.�n t of THENCE South 75°02'$1" WEst 450.00 feet for the point of curjrature of a circular curve to the left which has a central angle e of 4 ° 9' 3 00� 00 a radius of 390.50 feet, a tangent distance of 253.82 feet and an arc length of 293.07 feet' THENCE, with said circular curve to the left, 293.07 feet for the' int ,-of tangency/ THENCE South 32°02'51" West 252.77 feet for _an inside corner of th.. s tract THENCE North 57°57'09" West 210.00 feet fora corner of this tract; THENCE South 32°62'51" West 243.27 feet for the point of curvature of a circular curve to the left which has a central angle of 02°52'07", radiuof a s 207.59 feet, a tangent distance of 4.97 feet and an arc length of 9.94 feet THENCE, with said circular curve to the left, 9.94 feet for a corner of this tract; THENCE South 59°48'16" East 110.00 feet for an inside corner of this tract and the point of curvature of a circular curve to the left whose radius point bears South 39°48'26" East 197.59 feet and which has a central angle of 120°08'53", a - ' radius of 197.59 feet, a tangent distance of 343.25 feet and an arc length of g 414.33 feet; THZNCE, with said circular curve to the left, 414.33 feet ,dor the point of tangency; THENCE South 89°57'09" East 60.67 feet for a corner of this tract;. THENCE North 00°02'51" East 240.00 feet for a corner of this tract; THENCE North 48°02'51" East 90.00 feet for a corner of this tract, THENCE South 89°57,09" East 210.00. feet for corner of this tract/ Page 4 tract; WHENCE North 56°41'21" East 78.04 feet fora corner of this tract; THENCE North 29°02'51" East 210.00 feet fora corner of this tract; THENCE North 42°32'44" East 86.41 feet for a corner of this tract; THENCE South 88°27'09" East 90.00 feet fora corner of this tract; THENCE South 60°57'09" East 170.00 feet for an inside cornerf � this THENCE North 29°02'51" East 850.00 feet for the point of curvature circular curve to the left whose radius point of a p bears North 6Q°57' 10" West 199.D4 feet and which has a central angle of 14°23'37", a radius of 199.04 f t distance of 25.23 feet and an arc length of 50.00 feet; feet, a tangs. THENCE, with said circular curve to the left, 50.00 feet for a corner this tract; THENCE South 75°20'47" East 190.00 feet for the beginningof a circular. to the left whose radius point bears North 75°20'47" ` curve West 389.04 feet and w,h. has a Central angle of 04°35'21", a radius of 389.04 feet, a tangent distance feet and an arc length of 31.16 feet • g t Ce of_ '- �� THENCE, W th said circular curve to the left, 32.16 feet for thepoint e " tangency and the of�� 9 point of curvature a circular -curve to the right which haT a central angle of 83°44'02", a radius of 10.00 feet, a tangent distantof 8 . ��t �..eet and an arc length of 14.63 feet; �' e THENCE, with said ci.rcu1 ar curve to the right, 14.63 feet for theoi. t of tangency and the point of curvature of a circular curve top the right t U�hi ch has al central angle of 25°09'56", a radius of 279.36 feet, a tangent distance feet and an Arc length of 122.70 feQt • g of 6,,.�i'6 THENCE, with said circular curve to the right, , 122.70 feet for the tangency; of THENCE South 60°57'10" East, at 102.13 feet pass the West right-of-way1 County Road No. 13, 3n all a distance of 122.13 feet .� �n o Df to the POINT OF BEGINNING. SAVE AND EXCEPT a 6,839.55 square foot (0.16 acre) tract of land out of Block 28 and Lot 2, Block 39, King's Crossing Un t 1, Phase 1, a map of which ..mot � , �z recorded in Volume 51, Pages 53 thru 65, Map Record of NuecoCounty . r � Lnty �'e.�cas. BEGINNING at a point on the North bcunderg line of said Lot for a corner of said Lot 1,Block 39I , Block ��?, �� and the Northeast corner of this tract, fpm which corner the Northwest corner of said Lot 1, Block 39 and 8' .1, Block 28 bears North 57°57'10" West 25.00 feet; e'orner of said t Page 5 THENCE South 32°02'30" West 126.04 feet for the point of curvature of a circular curve to the left which has a central angle of 01°51'07", a radius of 307.59 feet, a tangent distance of 4.97 feet and an arc length of 9.94 feet; THENCE, with said curve to the left, 9.94 feet to the South boundary lir.e of said Lot 1, Block 39 for the Southeast corner of . this tract; THENCE North 59°48'16" Best, along said South boundary line, at 25.00 feet pass a common corner of sa i d Lot 2, Block 28 and Lot 1, Block 39 and continuing North 59°48'16" West, along the South boundary line of said Lot 1, Block 28, in all a distance of 50.00 feet for the Southwest corner of this tract and the beginning of a circular curve to the right whose radius point bears South 59°48'16" East 357..59 feet and which has a central angle of 01°51'06", a radius of 357.59 feet, a tint distance of 5.78 feet and an arc length of 11.56 feet; THENCE, with said curve to the right, 11.56 feet for the point of tangy ; THENCE North 32°02'50" East 126.04 feet to the Southerly line of said Lot. 1, Block 28 for the Northwest corner of this tract; THENCE South 57°57'10" East, along said Southerly line, at 25.00 feet Visa corner of said Lot 1, Block 28 and the Northwest corner of said Lot 1, Block 339 and con t.tnuing South 57°57'10" East, along the North line of said Lot 1, Block J9, in all a distance of 50.00 feet to the POINT OF BEGINNING. Tract 2 STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for proposed annexation of 35.39 acres of land comprising portions of Fractional Section 8, Lots 16, 17, 18, 19 and 20, Section 9, Flour Bluff and Encinal Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41, 42 and 43, Map Records of Nueces County, Texas: BEGINNING at a point on the centerline of County Road No. 13 for the Southeast corner of this tract from which corner a 5/8 inch iron rod set flush with the pavement at the centerline intersection of Yorktown Boulevard and County Road No. 13 bears North 29°02'50" East 7,500.00 feet; THENCE South 29°02'50" West, along.the centerline of said County Road No_ 13 and East boundary of said Sections 8 and 9, a * distance of 2,124.65 feet to the Northeast gradient boundary line of Oso Creek as accepted by the General Land Office per letter dated October 21, 1983 for the Southwest corner of this tract; THENCE along said gradient boundary as follows: North 87°54'05" West, 51.68 feet; North 69°23'35" West, 378.60 feet; North 50°13'55" West, 99.91; North 42°36'15" West, 139.47 -feet; North 36°23'55" West, 154.02 feet; North 30°57'50" West, 151.84 feet; North 19°29'35" West, 260.65 feet for the tract; Northwest corner of this THENCE, leaving said Oso Creek, South 89°57'10" West 333.11 feet for a corner of this tract; THENCE North 45°02'51" East 912.72 feet for a corner of this tract; THENCE North 00°02'50" West 475.00 feet for the Northeast corner of this tract; THENCE South 89°57'10" East 692.23 feet for the point of curvature of a circular curve to the right which has a cnetral angle of 29°00'00", a radius of 309.34 feet, a tangent distance of 80.00 feet and an arc length of 156.57 feet; THENCE, with said cirvular curve t� the right, 156.57 feet for the point of tangency; THENCE South 60°57'10" East, at 30.00 feet pass the West boundary of said • County Road No. 13, in all a distance of 50.00 feet for the POINT OF BEGINNING. That the foregoing ordinance was read for the first time and passed to its second reading. on this the day of , 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong aLy, Ltte That the foregoing ordinance was read for t e second time and p� ed to its third reading on this the r7 day of &AEA() 19 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong Utae/L2t That the fo egoing ordinance /as read for th third time and passed finally on this the j� day of �l(Dt,f�C� 19" by the following vote: Betty N. Turner al, David Berlanga, Sr. Leo Guerrero Clif Moss ati PASSED AND APPROVED, this the AT S T : ity Secretary ex, APPROVED: /,DAY OF HAL GEORGE, CITY ATTORNEY By 19,87: Ass.' tant City Attorney 99.044.01 Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of "Into C -� ) MA 01-p fi , 19 0. OR THE CITY OF CORPUS CHRISTI, TEXAS 20627 e01i.273 !C[211O 659740 AN ORDINANCE ANNEXING 96 ACRES OF LAND CONSISTING OF TWO TRACTS COMPRISING PORTIONS OF FRACTIONAL SECTION 8, LOTS 16, 17, 18, 19, AND 20, SECTION 9, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, NUECES COUNTY, TEXAS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF' CORPUS CHRISTI AND PEOPLE'S HERITAGE FEDERAL SAVINGS AND LOAN ASSOCIATION AS OWNERS OF SUCH 96 ACRES; 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, People's Heritage Federal Savings and Loan Association 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 January 20, 1989, and on January 24, 1989, following publication of due notice of said hearing in the official newspaper, pursuant to the Texas Local Government Code, as amended, for the consideration of institution of proceedings for the annexation of a defined area consisting of two tracts, one equal to 60.61 acres (Tract 1) and the second equal to 35.39 acres (Tract 2) wholly within the extraterritorial jurisdiction of the City of Corpus Christi, more particularly described by metes and bounds attached hereto as Exhibit B attached to and made a part of that Annexation Contract between the City of Corpus Christi and People's Heritage Federal Savings and Loan Association, at which all interested persons were afforded an opportunity to be heard; 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 2(b); 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 tract or parcel of land as set forth in Exhibit A attached, being a copy of annexation contract between the City of Corpus Christi 208RP014.ord 2i3627 DEED RECORDS VUL 21.53 PAGE 245