HomeMy WebLinkAbout022172 ORD - 02/28/1995AN ORDINANCE
AUTHORIZING 1HE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
AN OUTSIDE CITY LIMITS WATER SERVICE CONTRACT WITH
GIBRALTAR MAUSOLEUM CORPORATION DBA MEMORY GARDENS
OF CORPUS CHRISTI FOR THE PURPOSE OF PROVIDING WATER TO
AN APPROXIMATELY 82 ACRE TRACT DESCRIBED IN SIX TRACTS AS
DESCRIBED IN VOLUME 577, PAGES 402-407; VOLUME 820, PAGES 288-
290; VOLUME 2021, PAGES 880-882; VOLUME 2021, PAGES 877-879;
VOLUME 2021, PAGES 873-875; AND VOLUME 2042, PAGES 654, ET SEQ,
ALL IN THE DEED RECORDS OF NUECES COUNTY, TEXAS, SAVE AND
EXCEPT A 3.0 ACRE TRACT OUT OF THE S.E. PORTION OF SAID 35
ACRE TRACT AS DESCRIBED IN VOLUME 56, PAGE 43, MAP RECORDS
OF NUECES COUNTY, TEXAS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. That the City Manager or his designee is hereby authorized to execute an
Outside City Limits Water Service Contract with Gibraltar Mausoleum Corporation DBA Memory
Gardens of Corpus Christi for the purpose of providing water to an approximately 82 acre tract in
six tracts as described in Volume 577, Pages 402-407; Volume 820, Pages 288-290; Volume 2021,
Pages 880-882; Volume 2021, Pages 877-879; Volume 2021, Pages 873-875; and Volume 2042,
Pages 654, et seq, all in the Deed Records of Nueces County, Texas, save and except a 3.0 acre tract
out of the S.E. Portion of said 35 acre tract as described in Volume 56, Page 43, in Map Records of
Nueces County, Texas, save and except a 3.0 acre tract out of the S.E. portion of said 35 acre tract
as described in Volume 56, Page 43, Map Records of Nueces County, Texas, and as shown by the
property descriptions attached and incorporated as Exhibits 1-5 to the Outside City Limits Water
Services Contract, as more fully set forth in the contract a substantial copy of which is on file with
the City Secretary.
AG5000.670
T
022172
'';fixaS9
February 22, 1995
STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE
PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS
THE STATE OF TEXAS
COUNTY OF NIECES
THIS CONTRACT AND AGREEMENT made and entered into in duplicate originals by and
berwe raltar M leum otstio�^n d/h/a _�temorv_Gardens of Corpuc Chri ti
Address: 9102 N. Meridian Street, Suite 300, Indianapolis. IN 46260
Owner(s), hereinafter called "OWNER(S)", 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,
WITNESSETH:
I
That Owner(s) istare owner(s) in fee simple and of all existing rights, titles and interests therein
of all the following described property located in Nueces County, Texas, generally delineated on the map
attached hereto and marked "Exhibit A" and being more particularly described as follows, to -wit: an
pproxt ately 82 acre tract described in six tracts as described in volume 577, pages 402-407: volume 820
mages 288-290: volume 2021. pages 880-882: volume 2021, pages 877-879: volume 2021. pages 873-875•
and volume 2042. oanes.654, ET SEO._a11 in the decd records of nueces County Texas save and except a 3 0
tract a .E o sai "bed in v e 56 ma Nuece
County. Texas.
Such property is situated partly or wholly beyond the corporate limits of the City of Corpus
Christi, and further, such property is not principally used for prot-related industry, as defined by Section 55-
t
111, as amended, of the Code of Ordinances, City of Corpus Christi.
II
City agrees to deliver City water to such property or to waterlines thereon, in accordance with
Rules and Regulations promulgated and authorized by Sections 55-111 as arnended, of the Code of Ordinances,
City of Corpus Christi.
III
Owner(s) agree(s) to construct all improvements on such property in accordance and compliance
with all City Codes and Regulations and to obtain all City permits as though such property were inside the City.
Owner(s) consent(s) to allow inspections of all of such construction of duly authorized inspectors or
representatives of City departments charged with enforcement of said Codes and Regulations. Owner(s)
agree(s) that as to any improvements the applicable Codes and Regulations shall be those in effect at the time
of commencement of such improvements.
IV
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, and shall become a part thereof, subject
to the terms of Article L Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed
by Section 55-111, as amended, of the Code of Ordinances, City of Corpus Christi; and Owner agrees to annex
said property within the effective date of such annexation being the date when the property becomes adjacent
to the city limits, or will become adjacent to the city limits by any type of simultaneous annexation of other
properties, or at a later date to be solely determined by the City Council.
V
Owner(s) agrees and understands that a breach of the aforesaid covenants and conditions shall
render Owner(s) liable to termination of the delivery of water, and upon a finding of fact by the City Manager
that any of the aforesaid covenants or conditions have been materially breached, the delivery of water to owner
shall be terminated.
VI
All connections to the City water system shall be subject to the same rules and regulations
regarding standards of delivery of water service, including installation and disconnections for failure to pay
charges, as consumers within the City limits.
VII
IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding
upon the successors and assigned of the said Owner(s) and each of them, and shall constitute covenants running
with the land.
WITNESS OUR HAND, this day of , 19 .
CITY OF CORPUS CHRISTI, TEXAS OWNERS
By
City Manager
Gibraltar Mausoleum Corporation d/b/a
Memory Gardens of Corpus Christi
ATTEST: bv: N
J y k. Brammer
Executive Vice President
By
City Secretary
APPROVED:
BYy. anaW9
-Arjr City Attorney u
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on the day of
February, 1995 by Juan Garza, City Manager for the City of Corpus
Christi, a Texas municipal corporation, on behalf of said
corporation.
Notary Public in and for the State of Texas
THE STATE OF INDIANA
COUNTY OF MARION
This instrument was acknowledged before me on this the 17th
day of February 1995, by Jay A. Brammer as Executive Vice President
of Gibraltar Mausoleum Corporation d/b/a Memory Gardens of Corpus
Christi, an Indiana corpo((r''ation, on behalf of said corporation.
Dorothy Na D'Orso, Notary Public in and
for the County of Marion
My Commission Expires: June 28, 1997
My County of Residence: Marion
1f T'
02 le 95 !6:.'q t 8e.0J239
• ,
X.14181T 4-
trant of lead containing 80 acres, out of the former
Joe R.. Gallagher lards, nbrneinc porticos of Senora
156 and 320 la Swaces County, lens nada by virtue
Of Iand Scrip NO. L tasted to the City of Can lntanio Tallon
Ditett Co, and land Scrip 9o. 3711 issued to Gulf, Colo-
rado and -Banta Fe Railroad Co.,respectively, balm the
south portion of a treat anstalninc approsinstaly 223
serest mmveged to 7. T. Pulliam by Jae R. Gallagher et
is by dead dated October 31,1945 and recorded friths
Dead Decerds at Dunces Couny, Tans, lit Vohs* 314 at
page 632 Haid 80 -aero treat is situated in gullets
.County, Teres, about 9 miles 9. 00° V. fro* the County
Sent end is sore particularly described, by metes and
un
bods, as Sollaaar
0201:0/66 at.a point en the north martin of the 120 -
foot richt or stay of the Brownsville Goad, at the point
or'interleetion of said north sartiu with the vest boun-
dary lino of said Pulliam 223 -acre boot, for the taunt -
west corner -of. this tract,
kith N.;0100'2r W. with seld.vast boundary line oC
Pulham 27.3 -acre tract- and east boundary Urea of a =-
sere tract of land is the mauve Rand forgen, 2554.73
. feat to a point for the northwest come or t41a tout,
=BCE est 1460.34 fast to a point in the east bounder
liar of told Pullin 223 -sere tractand vest banedary line•
of Lot 13 of the John R. Gailagher•Farm Lott, a ambit's
sten shown by map at retard ih the attire of the Cawtt
Clerk of County Clerk at hostas caentli, lege in Hap
Book i at page $1, for the northeast atom ad this tract,
G` south vlth sold ash boundary Stan ad Patllam
era tract, end west boundary nisi& aC Zahn R,
Gallagher Farm Lots,_at•3t69.31. feet,a. point in the
former north boundary lino of Droinsviila Road, the
• eoathweet. ccrner'ot Iot 16 of said anti. eollacher
,.pars Lotsend southeast corner of a 212.72 -acre tract
oat. of said Pulpa■.223-acre tract,_being in•tho north
boundary•lino•also of a: fans 15.62 acre tract, in all,
22556.46 feet to a oint- in the north margin of said.
Drounaville-dast an aro. of a air -
Ban curve,. for- the southeast eat arner of this tract,
whencce4a. paint t se 2924.93 nterointtot said circular curve,
-TRUSS In a vastarl7 direction7 vlth said north margin
of'brownssi]le Road carve iert almdrool= a rcnl= cane
of 2924,93 feet_ rndlna 536,•19 feet to the end paint of
said eitenlar..curve ens beginning point of a atraitpt
flee- er v,,.ewe. Fenton. r
Mt SQ wsiSf9
£x.$181.T 2 --
Man "Y
vatzu 6 •
880110cINc at • 5/8 loch iron rod met on the North bouadia= of
maid 5.0 acre tract and tea oatarliae of a 40 toot road
sasanant for the Northaast abrnsr of this sang rromt nii.eh
corner a 3/4 insh item rad found on tha mast wry Ot and
w.r. Pulliam 212.7.1 aceta tract as Who soutbwsst occur of Sot 12
end the Northwest corner of Lot 19, bath at Jahn W. Caliatter
Pea iota, ■ sap or wnidp is recorded in Volum A, raga 51,
bears Nast 667.47 teat:
TxniCE Sousa, at 20.00 tact aero■. the tooth bony of 40 toot
road seesaant In ass a distance of 496.79 fest to a 5/8 Shea
iron rod sat en the South boundary of said 3.b'.ora 4rect for
the Southwest corner of this arm
•
MINCE Nast. .along the scum ho
lna unearf of said 5.0 arae tract,
219.15 fest to a 5/8 saes iron sad taaad at rya Sp N
of maid 5.0 sore tract for the Southuaet cowmen of tate ssayryi
TWEXCY North, et 496.79 fast pass a 5/8 laza Jan WCd 2OUM On
tha South boaadary of said 40 toot read sasceant tz all •
distance of 496.79 fast to a 5/6 inch iron Tod sit at the
Nortnwe t =CSC of said 5.0 masa tract for the Aostbr.et .wrrar
of this surveys
T10:1•C£ Nast along the North bo.mdsry of Mid 5.0 •=s1 tact and
the Caatar1soa ot said :pad ayes— 219.15 feet to tha 2018? OF
allotmnn, eaatsinsaq a 2.5 arras at land, sore dr less.
I iL fit Fay ticoa0
.Fs I5 3 sees♦spH''8a6
Co-ra nei.....Lifta.l. ,r
r
szaeisres�amm} 0 8 ul
in
err err ilio •tetra sAai.as . z g 4a:
...stO..rrrnsasya..4aaw sGee
t
• . F soil
ao
en
��� a 3a
71
k
Exkibi4' A-
c
Fel* L. 1995 32'- 'i Fi7Y1
Att. 80 nact±9Qs
it 9isn
Ext+iarr 3
A^2.
P.15
set 14
inches �elat }` point surface,
tor a 5/8 Inch 1504 rob
212.72 loin trent. and iA in the Zeit Ube o! said H. T. �Pnilisa
Inc the hate, pat of h L Hrec Liar fear ell John H. CollagbVacs er,
Records, moon which L. recorded
County, ?Kai, the �%tbwat Aa0sneroot�Lot
12
Tota: comer at lot 19, .aid Jona 8. Gallagher nips
THEN
strip =t'aaet. a dalag a est gat lice at said Y. 2. yelLiae 212.72
strip tragi . a did the Southeast896.79 tae* to a pout sashed by a 8/9
the ascorda4 in sass-loan
orner of P80.00corner et take e tract desaribedd i Dclam eed
- - fie -les County,
Yuan 12RNCS beet, aloft the North line
describe
distance .heora,diwedreard.d Wawa* 577,P�y1�•dusTame.
t�marked by a 5/8 inc, ion sod the et=ras a
80d nail
THENCE North t distance of 496.79 test to a pail* resited by a
the N0i t of aim ref � tract; o a +R fogs road'ya�st to
mat
`'� . sl q the
habit Uns or a 40 tact road assegai
5.00 eset�a 01 438.31 Let to the poiet nt C.
bbsQ3r7s�y8a. n7y nd conlrasaat. oe
tart
sped Sine bOf nand, nor*�T* or lees, {hare far however, e_ ��
described q 201Zo ns; along Sipa Worth aims at tHia tract,
aaflt uaq at the stat ociner ot this treats p anted by a4
101-noi1
at in the dentist lint Of • 4 toot sated SSsaceat;
WS acne
—MOlarkeith e° r-ita�..t s 40 teat read .+wells
sera 8.31 tea, et the C. Allis a 76 mons tract, a
dietacre tract tor the 3 theeet carnsst• the gse Ott, O.00
rim= Dclath,SO.aa rode tfe sant line at this 6.04 ante tract* a
distance ea
o for the Southeast emote et t to thiied s Syeintaaeeeen tea SR snips Lion roe
5 wheat, a df.ataaau as a5H.3a salt to . post .asked
by a
for the Southwest carter o1 this the ad lee a! this 6.00 801> f�aat
eawaent;
THENCX North. *long the out 1Saa at thin S.00 treat.
0.201distanaaorece aot 20.00 fact tib the Dafat of bsoacre
in•tino and containing
• care or lems.
"-re mEcsar.
Ja 24 3 58 Prgs
,-•tLZ .
rail.. A MiLeSauaR (1
r
faawtfDS t
s aatehretaaB hreinc—r.
ale a as war mai no dna now —
el IWaa..*. tea swedes r♦ ass
At .M An
OneYant
liedDi nxmoa
oto
AE=ROS
p�fp�
V t 879 214120
i_'! a -
Pt
u jT
INL 80 SO2
LxriiBrr 4
.ar.rT 1
e�i Bin stat of the point of beginyaq at a point =triad by
East I7. ins of said set 14 inches below the sate, it �
Mast liar M. T. Pullin 212.72 area tactsad in the
of the Jots It Gallagher Pare Lots, slat of which is
recorded in Volume A. Peso 51, of the Map swords, maces Constf
tan, the eceayeat costar of Lot 12 end the ne'theeet corner.
of Lot 13. said John 8. Gallagher las Lots/
THENCE ••wet along the center line of a 40 foot toad
ataalong the line of the 0. Allan 8.79 sore
distance et 438.32. fest to •tact, a
the paveeant for the st9 arnetd of thf11is
s'80aril set hin
!
point Of begicnlag; aaFtaeaet corner DYfrythis tient Igld iai.
7 SK= South a distance of 496.79 fest to a pod= aez4 b7
5/8 Saab iron rod set in the North cine of as ao.00 ante treat
danertyb in amid recorded to Volta* 577, Page 398, Deed 8ecorta,
Wastes County, Telae tor the Sgautheast carat of this tas.ts
MS= East, : • nag Ira ..Netto"'line of said 80.00 acre tact
described in vosues 577, Page 399, need eeoaroe, stenos Capnh,.
Texan. •tor distance or 438.31 feet to a point sasfcsd by a 5/8 inch
hreet corner at this tract
.'ince North .e diatance of 496.79 feet to a point anted by an
80d nail for the northwest corner of this tract:
T7i8NC2 Bat, .Son the Getter line of a 40 foot read •teaweot
and
s SOW* }iia of said C. Ailsa 8.74 acts tract, a
5.00 aeras of lead, Zoos to the of beginning and containing
SAVE AILD U.nT, however 4 2.5 oars tract of lest, ace dr Sans.
•
bbey a t aas hallf—half• 7_0 acre treat out e! the 71.'S"—
311, Pege 622 ata sed Se0eat described in need regarded to Voles
Oreie, Naaoee Wountr. WOW;
BEGEMNENO
said 5.0 sea X3//06 Igen ixoa rod at an the north
eeeseumt for lad Soar y�ei� a ad W_ !
00rnar Of 3/4 inch iron rod found ea the Bast of s
T. Aisne 212.72 acre tract st the Soutawest said M.
To12
and northaeort =ler of Let 13, both of roam E. Qsylasher Taaa
Lots, s aapp of whion Is recorded to 9bs®a A, rage Sl, baste
Etat 657.47 feet/
TI at20�00 teat across the South bowdny of 4d
foot
treo red
road • dS.taaae of 496.79 feet to a 3/8 inch
the Southeast on the 06 t outh tnendary of said 5.0 ems tract ter
THENCE
•
21 festa tOaa S/8 tong ti-nriron rod atSaid 8t corner
oe24 5.0 acre tract for the Southwest Corner et this earsan
the South THENCE Math. et 476.79 feet pew a 5/8 inch rias rap end an
et of�a 3 feet to Of Said 40 /std irOM taZOO set at ell the
of this °fir er said 5,Q caro StnaL ter the tsa;thwKy
corner
s'ist'er
the Kat along the North.boucderr of said. 6.0 arra tract and
contortion of said road las— .t 119.15 test w the MU? Ol
ems, acmes 2.5 aerie 9g land. ser. OW leo.
.,•
•
CY
.1,vaL 2Q 3J 875
(-cis ;d.l
r.1
= tmit& BAIT 763 EXJ-F 15ter
ILLI "A"
CS ASO BOONOS DESCRIPTION OP A 35.00 ACRE TRACT OOT OP tis w.
S- MILIAN 223 ACat TRACT, 1112cCE3 Coust7C. Taxes.
Being • tract of land containing 35.00 acres, more or leaf. out
0f the tosser Joe S. Gallagher lands out of survey No. 320 in
Musses County,Teras and being out 0f the routDrest portion of
s tract containing ■pproxi=tory 223 acres, conveyed -to N. T.
Pulliam by Joe M. Gallagher et um by deed dated October 31, 1945
and recorded in tea Deed R.corda et•auece. County, Tessa, in Volume
314, Page 632: said 35.00 acre tract is situated in Ounces County,
Texas, about 9 miles S 60' W tree the County Seat and is a pertain
of a 40:00 Acre tract described in deed or record in Volume 620,
Page 222 of the Deed Records of Reeves county, Texas, and being
DOC. pa=taGulaxly described by antis and hounds as tbllow., to -
Wits
Beginning At a point in the present tient-at-way of Old Brownsville
Mud M. X. Road No. 665) and in the Original northerly boundary
line of Old 8rowasvilla Road, whence the original mew corner of
said W. i. Pulliam 121 acre tract beam S 764-32'40' W a distance
of 268.25 feet, for the sty corner of this tract and the point
ee beginning, also being the Se earner of a 4.96 acre tract;
SIA)= N 00'-O1'-00• W, 260.90 Let tram (measured at right angles)
and parallel to the watariy boundary lint of said W. T. Pulliam
223 acre tract• and along the easterly boundary line of said 4.96
=rattans, et 25.70 feet pass ar`t inch iron pips marking the
present northerly boundary lice of the right-of-way of said Old
lawnavills Road Ip 2 Road NO. 665), reference right-otway
easement recorded in Volume. 24a, Page 220 of the 094d_4eenraa of
duocas County, Tomas, in all a distance of 796.23 feet to a 1R
inch iron pipe far an inside carter of this tract, aloelfainq the
mB cantor Or said 4.96 acre Qact:
MSC! West, along the h*ttherly boundary line of said 4.96 acre
tract. a distance of 260.90 feet tw a 14 inch Iran pipe in the
easterly boundary lice Of said W. T. Pulliam 221 acre tract. for
a ~tell' Corner of Chia tract, 4130 being the NW corner of said
4.96 acro Greet:
T70661Q I-oO'-Ol'-OO' n, aleeg the westerly boundary line of said
W. 2. Pulliam 223 acre tract and along the easterly boundary line
or the Rand Bergen Linda, a distance o1 1695.32 feet to a 1V inch
iron pipe for the BN corner of tela tract, also being the NW corner
of said 40.00 acro tract described to deed of retard in Volume
920, Page 225 of the Deed targrde of Sixes* County, Texan)
TIM= Past, along the northerly boundary line of said 40.00 ogre
tract, a distance of 704.75 Feet to a 1; inch iron pipe for the
NE Cornet of thio tract, also being the MN corner of a 40.00 acre
tract in the name of mummy Cardene and the NG Corner of said
40.00 acre tract described in deed of record in Volume 620, Page
•
286 of the Deed 2*COfds 01 penes CoontY, Tenet
TRil61C8 S 00•-41'-40d E. along tea veaterly boundary Sim of said
penury Gardens 40.00 acre trace and along the easterly boundary
line ad said 40.00 acre tract described in deed of record id Volga,
820, Page 286 of the Deed lacords of Nunes County,
2144.647 feet pass a 15 lccersrne s l ha :etas, at
bogndagy line Of the right -eat -way Y f• 'aid Old the nsvill. 2cad 9�_
(P. e. Med mo. 665), inelldistance of 2345.37 feet to a point
mea the present ugst.etway of maid Old Brownsville Road, for the
SE corner of this tract, also ,beiaq the SB corner Of said 40.00
acre braes described in deed of record in Volume 520, Page 222
of the Deed lacuna of Maces County, Texas and the SW corner Of
said Memory Cardenda 40.00 acre fleet:
sad pans 1
&wb b;# A-5
z1342l2i s57
•
u_ lc .. l... d. S
l eb 1.5. 1955 82: 45Pii Rat
AQ�tiisinGE 761.
ro 91si2Elarra9 P'.22
WL 3 l42rq 658
PAGE 2, METES AND BOUNDS DESCRIPTION pp A 35.00 ACRE TRACT OUT
of THE w. T. PULLIAM 223 ACRE TRACT, NCECES COUNTY, TEXAS.
THEWS S 76•-32'-40' W. along the original northerly bound
line of said old Brownsville Road, and along the southerly bounds
Line of said W. T. Pulliam 223 dere tract and. along the southerly
bounty line of said 40,00 acre -tract described in deed of record
in Valvae ago, Page 288 of thee einecnrd* ofwN4eces_Cognty. Texas,
a distance of 456.34 feet to
fa nn _ --
That the foregoing ordinance was read for the first time and passed to its second reading on this the
)(_ day of ye , 19 '5 , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
2�C
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
That the fo egping ordinance was regcf for the second time and passed finally on this the 26 day
of [ -cry -v(01/4. Vl� , 19 `) , by the following vote:
Mary Rhodes Edward A. Martin
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Dr. David McNichols
David Noyola
Clif Moss
PASSED AND APPROVED, this the day of
a✓ in0. Vlj
NC
MAYOR
THE CITY OF CORPUS CHRISTI
, 19 -17
APPROVED:c21 DAY OF juLIO.A.(L , 1995
JAMES R. BRAY, JR., CITY ATTORNEY
L-A,(. C:*
Alison Gallaway
Assistant City Attorney
By:
CLQVPi Ii
AG5000.670
022172
February 22, 1995