Loading...
HomeMy WebLinkAbout022617 ORD - 06/25/1996Christi; AN ORDINANCE ANNEXING WOOD RIVER SUBDIVISION UNIT 11A (9.687 ACRES) AND LOT 1, BLOCK 47, THE PARK AT WOODRIVER UNIT 8 (0.46 ACRE), MORE OR LESS, OUT OF A 400.00 ACRE TRACT OUT OF THE MARIANO L. DE HERRERA GRANT ABSTRACT 606, NUECES COUNTY, TEXAS; AND PROVIDING FOR SEVERENCE. WHEREAS,the City of Corpus Christi desires to annex said territory to the City of Corpus WHEREAS,a public hearing was held on Wednesday, May 15, 1996, during a meeting of the Planning Commission, and on Tuesday, May 21, 1996 during a meeting of the City Council, in the Council Chambers at City Hall in the City of Corpus Christi, following publication of notice of said hearings in a newspaper of general circulation in the City of Corpus Christi, for the consideration of annexation proceedings and the service plan for the defined lands and territory at which all persons interested in the annexation were given the opportunity to be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at public hearings on; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; 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 lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an area consisting of Wood River Unit 11A, being 9.687 acres of land more or less, out of a 400.00 acre tract of the Mariano L. De Herrera Grant, Abstract 606, Nueces County, Texas, said 400.00 acre tract conveyed by Bess L. Hurd, et. vir., to Nina G. Stewart, widow, described by deed dated June 22, 1944 and recorded in Volume 300, Page 153, Deed Records, Nueces County, Texas, is hereby annexed to and brought within the corporate limits and made an integral part of the City of Corpus Christi, said lands and territory being more particularily described by metes and bounds in "Exhibit A" which is attached hereto and by this reference made a part hereof for all purposes as though fully set forth herein. 96NH2870.201 06-04-96 r1 { SECTION 2. That an area consisting of a Lot 1, Block 47, The Park At Woodriver Unit 8, being 0.4608 acres of land more or less, out of the Mariano L. De Herrera Grant Abstract 606, Nueces County, Texas, said 400.00 acre tract conveyed by Bess L. Hurd, et. vir., to Nina G. Stewart, widow, described by deed dated June 22, 1944 and recorded in Volume 300, Page 153, Deed Records, Nueces County, Texas, is hereby annexed to and brought within the corporate limits and made an integral part of the City of Corpus Christi, said lands and territory being more particularily described by metes and bounds in "Exhibit B" which is attached hereto and by this reference made a part hereof for all purposes as though fully set forth herein. SECTION 3. That there is hereby approved as part of this annexation ordinance a service plan, such service plan being described in "Exhibit C" which is attached hereto and by this reference made a part hereof for all purposes as though fully set forth herein. The service plan provides for the same number of services and levels of service for the annexed area to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land herein annexed shall hereafter be entitled to all the rights, privileges and burdens of other citizens and property owners of the City of Corpus Christi and shall be subject to and bound by the City Charter of the City of Corpus Christi, 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. SECTION 5. That the official map and boundaries of the City, heretofore adopted and amended, be and is hereby amended so as to include the territory described above as part of the City of Corpus Christi, Texas. SECTION 6. That the City Manager or his designee is hereby directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the 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. 96NH2870.201 06-04-96 2 METES AND BOUNDS DESCRIPTION FOR WOOD RIVER UNIT 11A (9.687 ACRES) An area consisting of Wood River Unit 11A, being 9.687 acres of land more or less, out of a 400.00 acre tract of the Mariano L. De Herrera Grant, Abstract 606, Nueces County, Texas, said 400.00 acre tract conveyed by Bess L. Hurd, et. vir., to Nina G. Stewart, widow, described by deed dated June 22, 1944 and recorded in Volume 300, Page 153, Deed Records, Nueces County, Texas and more particularly described by metes and bounds as follows: COMMENCING at the centerline intersection of River Park Drive and Beal Drive as shown on plat of The Park At Wood River Unit 8, recorded in Volume 51, Pages 166-167, Map Records Nueces County, Texas; THENCE North 47°4825" West, with the centerline of said Beal Drive, a distance of 160.00 feet to a point on said centerline; THENCE North 42°11'35" West, a distance of 25.00 feet to the POINT OF BEGINNING of this tract, being on the Northerly right-of-way line of Beal Drive, and the point of curvature for a tangent curve to the left which the radius bears South 42°11'35" West, 543.73 feet; THENCE in a Westerly direction, with said Northerly right-of-way line of Beal Drive, along said curve to the left having a central angle of 19°04'12", a radius of 543.73 feet and an arc length of 180.97 feet to the Northerly corner of said The Park at Wood River Unit 8 and being a point on a curve to the right from which the radius bears North 78°18'37" West, 496.00 feet; THENCE in a Southwesterly direction, with the Westerly end of Beal Drive as shown on said plat of The Park at Wood River Unit 8, along said curve to the right having a central angle of 05°50'57", a radius of 496.00 feet, and an arc length of 50.64 feet to a pont for the Southwesterly corner of Beal Drive and point of a curvature of a circular curve to the left from which the radius bears South 23°59'32" West, 493.73 feet; THENCE in a Westerly direction along said curve to the left having a central angle of 14°01'28", a radius of 493.73 feet, and an arc length of 120.85 feet to the point of reverse curvature of a circular curve to the right from which the radius bears North 09°58'04" East, 900.00 feet; THENCE in a Westerly direction along said curve to the right having a central angle of 02°41'47", a radius of 900.00 feet, and an arc length of 42.36 feet to a point for corner; THENCE North 12°39'51" East, a distance of 190.00 feet to a point for corner; THENCE North 72°15'40" East, a distance of 97.75 feet for corner; THENCE North 20°34'05" East, a distance of 149.77 feet to a point on a circular curve to the right from which the radius bears North 20°34'05" East, 558.31 feet; 96NH2870.201 06-04-96 EXHIBIT A 4 THENCE in a Northwesterly direction along said curve to the right having a central angle of 04°04'15", a radius of 558.31 feet and an arc length of 39.67 feet for comer; THENCE North 3030'00" East, a distance of 336.18 feet to a point for corner; THENCE South 55°32'15" East, a distance of 505.62 feet to an angle point for comer; THENCE South 49°32' 15" East, a distance of 191.76 feet for comer; THENCE North 72°08'13" East, a distance of 97.66 feet for comer; THENCE South 17°06'15" West, a distance of 464.15 feet for comer; THENCE North 72°53'45" West, a distance of 80.03 feet for corner; THENCE South 17°06'15" West, a distance of 150.55 feet to a point on the Northerly right- of-way line of said Beal Drive for corner; THENCE North 47°48'25" West, along said right-of-way line, a distance of 216.67 feet to the point of curvature of a tangent curve to the right; THENCE in a Northwesterly direction along said curve to the right having a central angle of 90°00'00", a radius of 10.00 feet and an arc length of 15.71 feet to the point of tangency; THENCE North 47°48'25" West, a distance of 50.00 feet to the point of curvature of a tangent curve to the right; THENCE in a Southwesterly direction along said curve to the right having a central angle of 90°00'00", a radius of 10.00 feet and an arc length of 15.71 feet to the point of tangency and POINT OF BEGINNING. Bearings based on The Park at Wood River Unit 8, a map or plat of which is recorded in Volume 51, Pages 166 through 167, Map Records of Nueces County, Texas. 96NH2870.201 06-04-96 EXHIBIT A 5 96NH2870.201 06-04-96 EXHIBIT A 6 METES AND BOUNDS DESCRIPTION FOR LOT 1, BLOCK 47, THE PARK AT WOODRIVER UNIT 8 (0.4608 ACRE) An area consisting of a Lot 1, Block 47, The Park At Woodriver Unit 8, being 0.4608 acres of land more or less, out of the Mariano L. De Herrera Grant Abstract 606, Nueces County, Texas, said 400.00 acre tract conveyed by Bess L. Hurd, et. vir., to Nina G. Stewart, widow, described by deed dated June 22, 1944 and recorded in Volume 300, Page 153, Deed Records, Nueces County, Texas and more particularly described by metes and bounds as follows: Beginning at the Northeast corner of Lot 2, Block 47, The Park at Woodriver, Unit 8, recorded in Volume 51, Pages 166 and 167 of the Map Records of Nueces County, Texas for the Southeastern corner of this tract; Thence North 47°48'25" West along the Northeasterly line of Lot 2, 110 feet to the easterly line of River Park Drive; Thence North 42°11'35" East along the easterly line of River Park Drive 127.90 feet; Thence along a curve to the right having a central angle of 90°00'00", an arc distance of 15.71 feet, a radius of 10.0 feet and whose radius point bears South 47°48'25" East; Thence North 42°11'35" East 50.00 feet to the Northeasterly corner of the plat of The Park at Woodriver Unit 8; Thence South 47°48'25" East 91.67 feet to a point on the westerly line of Wood River Unit 5, recorded in Volume 48, Pages 118 and 119, of the Map Records of Nueces County, Texas for the Northwest corner of this survey; Thence South 17°06'15 West along the west subdivision line of Wood River Unit 5, 19.65 feet to a corner of said Unit 5, and a corner of this survey; Thence South 42°11'35" West along said West subdivision line 170.10 feet to the Northeast corner of Lot 2, Block 47, The Park at Wood River Unit 8, and the POINT OF BEGINNING. 96NH2870.201 06-04-96 EXHIBIT B 7 96NH2870.201 06-04-96 EXHIBIT B 8 SERVICE PLAN FOR WOOD RIVER SUBDIVISION UNIT 11A & LOT 1 BLOCK 47, THE PARK AT WOODRIVER UNIT 8, OUT OF A 400.00 ACRE TRACT OUT OF THE MARIANO L. DE HERRERA GRANT ABSTRACT 606, NUECES COUNTY, TEXAS. Improvements to be constructed include streets, curbs and gutters, water, drainage and gas service facilities. The City will assume maintenance of service facilities that are constructed in dedicated public right-of-way, in accordance with City standards after inspection and acceptance by the City. Upon annexation of Wood River Unit 11A and Lot 1, Block 47, The Park At Woodriver Unit 8, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. The following is the service plan for the tracts in accordance with state statutes to provide the newly annexed area a uniform level of services. Items to be provided in the Service Plan for the annexed property, are as follows: SERVICES WITHIN SIXTY (60) DAYS OF THE EFFECTIVE DATE OF ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed tract at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population within the City. 2. Fire Protection And Ambulance Service The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tract at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population within the City. Further, the City of Corpus Christi Fire Department and Ambulance Service will respond to all dispatched calls and requests for service or assistance within the newly annexed area. 3. Solid Waste Collection The City of Corpus Christi provides solid waste services to residential customers. Commercial customers may contract with the City or commercial collectors. Upon annexation the City will provide solid waste services to the area annexed within 60 days. 4. Maintenance Of Water And Waste Water Facilities Any and all water or waste water facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or waste water facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, 96NH2870.201 06-04-96 EXHIBIT C 9 Texas, to the extent of its ownership. The now existing water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems may be acceptable if City and County standards are met. 5. Maintenance Of Roads And Streets Any and all roads, streets or alleyways which are dedicated to the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar topography, land use and population density. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of such utility. Roads and streets under the responsibility of the County, will be maintained by the City upon dedication by the County to the City and City's acceptance of the rights-of-way. 6. Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of said park. In the event any such parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City owned public facilities by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Maintenance Of Any Publicly Owned Facility, Building Or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the area proposed for annexation. In the event any such publicly owned facility, building or municipal service does exist, is a public facility dedicated to the City of Corpus Christi, such facilities, buildings or municipal services are accepted by the City of Corpus Christi and will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. CONSTRUCTION OF ANY CAPITAL IMPROVEMENTS TO BEGIN WITHIN 2'h YEARS 1. Police Protection And Fire Protection The City Council of the City of Corpus Christi, Texas, finds and determines it to be unnecessary to acquire or construct any capital improvement within 21/4 years of the effective date of the annexation of a particular annexed area for the purposes of providing police or fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other 96NH2870.201 06-04-96 EXHIBIT C 10 areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Water And Waste Water Facilities For the next 21 years the City Council of the City of Corpus Christi, Texas, finds and determines that water service or City water mains and wastewater collection lines exist for points of connection for serviceable extensions to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. 3. Roads And Streets Lighting Within 21/2 years from the date of the annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for properly dedicated roads and streets will be consistent with the maintenance provided by the City to other roads and streets in areas of similar topography, land use and sub -development of the annexed property. New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. 4. Provision Of Parks, Playgrounds, And Swimming Pools, And Any Other Publicly Owned Facility, Building Or Service To the extent that it becomes necessary because of development demands and population growth, the City Council of the City of Corpus Christi, Texas, will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of comparable service levels provided properties within the City with similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Corpus Christi, Texas, finds and determines that this proposed Service Plan will not provide any fewer services, and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Corpus Christi, Texas, finds and determines the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Corpus Christi, Texas. Consequently, because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided other 96NH2870.201 06-04-96 EXHIBIT C 11 areas of the City of Corpus Christi, Texas. These differences are specifically dictated because of differing characteristics of the property and the City of Corpus Christi, Texas, will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population. 96NH2870-201 06-04-96 EXHIBIT C 12 That the foregoing ordinance was read for the first time and passed to its second reading on this the IS day of ilk -Lk , 19 lip , by the following vote: Mary Rhodes Dr.Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols atquid R1/24cAkt That the foregoing ordinance was read for the second time and passed finally on this the 25 day of ll,)fk , 19 qth , by the following vote: Mary Rhodes Dr.Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols PASSED AND APPROVED, this the 23 day of ik, ATTEST: (LW/auk ,19 CI . MAYOR THEt ITY OF CORPUS CHRISTI APPROVED J AY OF ORNEate, , 19 ft: JAMES R. BRAY, JR., CITY Y \forms\046 DOC# 1996025561 CERTIFICATE THE STATE OF TEXAS § COUNTY OF NUECES § I, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 022617 passed and approved by City Council on June 25, 1996 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this 28th day of June, 1996. mando Chapa City Secretary Corpus Christi, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the IS day of .jt,l- k 19 011P , by the following vote: Mary Rhodes Betty Jean Longoria 00Y12,136- _ / .,. Dr.Jack Best lts, John Longoria L Betty Black Edward A. Martin Melody Cooper Dr. David McNichols 1 .,Vi t l -t Tony Heldenfels , That the foregoing ordinance wasddread for the second time and passed finally on this the 25 day of �U.11J , 19 Stn , by the following vote: Mary Rhodes 0C1t1 Dr.Jack Best t '" ''' ' f s 1 -SO Betty Black ;y_~' >hin__.,* bi ti Melody Cooper ,iF; Tony Heldenfels PASSED AND APPROVED, this the 23 day of Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols , 19 I G . MAYOR THE TY OF CORPUS CHRISTI APPROVED -U AY OF/M4 , 19/V: JAMES R. BRAY, JR., CITY ORNEY \forms\o46 17 SAIL OF IOW COUNTY OF NUECES I hereby certify thatthisiasuumndasMID isFiFyilt✓ '7 Sequence on the date and et Ute steeled belie bgand was duly RECORDED, in the Official Wbtc Records 0 Nueces Couray, Texas COUNTY CLERK NUECES COUNTY, TEXAS srr+� �. „•aa 1 eebtke• 4t o_. I4bc) -clam Any provision herein which restricts the Sete, Rental et tore of the described REAL PROPERTY because of Rsctit CComkr, avalidaunenforceable oand FEDERAL LAW 3/12/89 Doc# 1996025561 # Pages: 14 Date : 07-02-1996 Time : 02:20:18 P.M. Filed 8 Recorded in Official Records of NUECES County,TX. ERNEST M. BRIONES COUNTY CLERK Rec. $ 35.00 ,.n Fite Number and