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HomeMy WebLinkAbout07480 ORD - 02/03/19650 1-0 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS. CHRISTI, A SETTLEMENT AGREEMENT WITH UNIVERSITY OF CORPUS CHRISTI, CONCERNING THE MATTERS IN CONTROVERSY IN THE LAWSUIT NOW PENDING IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS, CONCERN- ING THE BOUNDARIES OF THE OSO TRACT, COMMONLY KNOWN AS TRACT "C ", HERETOFORE ACQUIRED BY THE CITY UNDER A PATENT FROM THE STATE OF TEXAS, SUB- JECT TO CERTAIN CONDITIONS, A COPY OF WHICH AGREE- MENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED TO SECURE, FOR AND ON .BEHALF OF THE CITY OF CORPUS CHRISTI, A SETTLEMENT AGREEMENT WITH THE UNIVERSITY OF CORPUS CHRISTI, CONCERNING THE MATTERS IN CONTROVERSY IN THE LAWSUIT NOW PENDING IN THE DISTRICT COURT OF NUECES COUNTY, TEXAS, NUMBERED 77903 -6 AND STYLED CITY OF CORPUS CHRISTI VS. JACK MADDUX, ET AL, CONCERNING THE BOUNDARIES OF THE OSO TRACT, COMMONLY KNOWN AS TRACT "C ", HERETOFORE ACQUIRED BY THE CITY UNDER A PATENT FROM THE STATE OF TEXAS, SUBJECT TO CERTAIN CONDITIONS, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF. SECTION 2. THE NECESSITY FOR IMMEDIATE EXECUTION OF THE AGREE- MENT ABOVE REFERRED TO CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING DECLARED THAT SUCH PUBLIC EMER- GENCY AND IMPERATIVE PUBLIC NECESSITY EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFE T FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF FEBRUARY, 1965- ATTES MAYOR ` M� THE CITY OF CORPUS CHRISTI, TEXAS CITY SECRETARY / - APPROVED AS TO LE AL FORM THIS �3 DAY OF- FEBRUARY, 1965: `i ITY TTORNEY `J FJ /480 STATE OF 'TEXAS COUNTY OF NUECES ) THIS AGREEMENT is made and entered into this day of 1965, by and between the City of Corpus Christi, Texas (hereinafter called "the CITY "), a municipal corporation, and the University of Corpus Christi (hereinafter called "the UNIVERSITY "), a Texas non - profit corporation, W I T N E S S E T H: WHEREAS, the City presently holds title to certain land underlying Oso Bay in Nueces County, Texas, under and by virtue of that certain Patent issued to the City, being Patent No. 158, Volume 29 -B, dated June 11, 1959, and Article 5421k -3, Revised Civil Statutes of Texas, to which reference is hereby made for all purposes, and title to such land was acquired by the City for the purpose of developing and improving the same by filling and raising the surface of same above sea level within the time, and in accordance with the requirements prescribed in Article 5421k -3, Revised Civil Statutes of Texas. WHEREAS, the University presently holds title to Ward Island (sometimes referred to as "University Heights "), in Nueces County, Texas, under and by virtue of that certain Deed to the University from the United States of America, dated August 6, 1951, and recorded in Volume 542, Pages 354 -365, of the Deed Records of Nueces County, Texas, to which reference is hereby made for all purposes, and the land comprising Ward Island abutts and has a common boundary with Oso Bay; and, WHEREAS, the City and the University are parties to that certain lawsuit now pending, styled City of Corpus Christi vs. Maddux, et al, and being Cause No. 77903 -B, in the 117th District Court of Nueces County, Texas, and the only issue in controversy between the City and the University in said suit is the location of the common boundary between Ward Island and Oso Bay; and, WHEREAS, the determination of the common boundary between Ward Island and Oso Bay is essential and a prerequisite to the successful development of the City's land within the time, and in accordance with the requirements prescribed in the said statute; and, WHEREAS, the University desires to cooperate with the City in the achievement of the development of the latter's said land; NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, each of the parties hereto agree as follows: I. THAT the common boundary between Ward Island and Oso Bay is hereby fixed in accordance with the metes and bounds description thereof set forth in Exhibit "A ", attached hereto and made a part hereof. II. THAT a final judgment agreed to on behalf of each of the parties hereto shall be entered in the said lawsuit, establishing the common boundary between Ward Island and Oso Bay in accordance with the metes and bounds description thereof set forth in said Exhibit "A ", and the form of such judgment (which has been approved by each of the parties hereto) is set forth in Exhibit "B ", attached hereto and made a part hereof. -2- r III. THAT after the said judgment has been entered, the City shall file in the General Land Office corrected field notes for the description of the land covered by said Patent in conformity with the description of the common boundary between Ward Island and Oso Bay as fixed by this agreement and the said judgment, in order that a corrected Patent may be issued to the City correctly describing the land underlying Oso Bay granted to the City, as provided in Section 3 of the said statute. IV. THAT after the corrected Patent is issued to the City, as provided in the preceding paragraph hereof, the University shall forthwith grant unto the City an option to purchase certain land, together with an easement over and across certain other land, and the form of such instrument by which the option and easement shall be granted, which contains the descriptions of the lands covered thereby and the terms, covenants, conditions and reservations to which such grant shall be subject (which form has been approved by each of the parties hereto), is set forth in Exhibit "C ", attached hereto and made a part hereof. IN WITNESS WHEREOF, this agreement is executed on the date first above written. CITY OF CORPUS CHRISTI, TEXAS ATTEST: By: City Secretary City Manager UNIVERSITY OF CORPUS CHRISTI ATTEST: By: Secretary President _3_ • EXHIBIT "A" • For the point of beginning of the common boundary between Ward Island (sometimes called "University Heights ") and Oso Bay, in Nu.eces County, Texas, proceed from a cedar post set at the inter- section of the Easterly or Southereasterly boundary line of Edgewater Terrace, a subdivision of the City of Corpus Christi, Nueces County, Texas, shown by map recorded in Volume 7, Pages 38 -39, of the Map Records of said County, and the estimated line of ordinary high water on the South shore of Corpus Christi bay; Thence with said defined shoreline, South 38 deg. 44 min. 25 sec. East 150.43 feet to a point being 56 feet Northerly from, and measured at right angles to, the centerline of the pavement known as Ocean Drive; Thence South 70 deg. 45 min. 05 sec. East 290.06 feet to a point being 50 feet Northerly from, and measured at right angles to, the centerline of said pavement known as Ocean Drive; Thence, parallel with and 50 feet normal to the centerline of said pavement, South 71 deg. 56 min. 15 sec. East 336.40 feet to a corner; Thence, crossing Ocean Drive, South 18 deg. 03 min. 45 sec. West 82.70 feet; Thence North 71 deg. 56 min. 15 sec. West 37.42 feet; Thence South 67 deg. 50 min. 05 sec. West 4.33 feet to the inter- section of the Southerly right -of -way line of Ocean Drive, which point of intersection is the point of beginning of the said common boundary; Thence, from the said point of beginning, South 67 deg. 50 min. 05 sec. West 151.40 feet; South 21 deg. 14 min. 45 sec. West 845.16 feet; South 8 deg. 08 min. 45 sec. East 1095.95 feet.; North 23 deg. 43 min. East 345.79 feet; South 89 deg. 50 min. East 215.3 feet; South 32 deg. 10 min. East 213 feet; South 22 deg. 50 min.' East 359.6 feet; South 30 deg. 40 min. East 340 feet; South 55 deg. 23 min. East 89.8 feet; South 16 deg. 18 min. West 602.8 feet; South 30 deg. 42 min. East 156.1 feet; North 87 deg. 31 min. East 152.8 feet; North 47 deg. 59 min. East 563.1 feet; North 77 deg. 01 min. East 264.9 feet; South 36 deg. 49 min. East 137.2 feet; South 9 deg. 59 min. West 168.2 feet; South 13 deg. 30 min. East 133.0 feet; South 33 deg. 43 min. East 117.7 feet; South 44 deg. 52 min. East 396 feet; South 62 deg. 32 min. East 179.9 feet; South 89 deg. 21 min. East 285.5 feet; South 40 deg. 29 min. East 153.4 feet; South 22 deg. 56 min. East 113.2 feet; South 72 deg. 21 min. West 100 feet; North 84 deg. 25 min. West 400 feet; North 63 deg. 00 min. West 42.7 feet; South 2 deg. 38 min. East 71 feet; South 36 deg. 31 min. East 134.2 feet; South 73 deg. 59 min. East 634.6 feet; North 65 deg. 50 min. East 349.2 feet; North 69 deg. 28 min. East 117.8 feet; North 52 deg. 08 min. East 1031.3 feet; North 37 deg. 44 min. East 704.2 feet; North 58 deg. 59 min. East 873.6 feet; South 56 deg. 27 min. East 160.6 feet; South 21 deg. 21 min. West 77.4 feet; South 4 deg. 32 min. East 19.1 feet; South 74 deg. 05 min. East 24.4 feet; North 55 deg. 05 min. East 32.7 feet; North 42 deg. 32 min. East 40.6 feet; South 87 deg. 15 min. East 117.3 feet; South 41 deg. 44 min. West 22.3 feet; South 35 deg. 27 min. West 189.9 feet; South 14 deg. 59 min. West 125.3 feet; South 43 deg. 09 min. West 158.2 feet; South 38 deg. 03 min. West 100.7 feet; South 11 deg. 54 min. East 43.4 feet; EXHIBIT "A" Page 1 South 51 deg. 04 min. East 44.5 feet; North 43 deg. 30 min. East 100 feet; North 67 deg. 04 min. East 112.0 feet; North 87 deg. 22 min. East 347.9 feet; North 68 deg. 28 min. East 299.2 feet; South 57 deg. 25 min. East 128.0 Feet; North 63 deg. 40 min. East 447.3 feet; North 78 deg. 06 min. East 106.7 feet; Thence North 28 deg. 28 min. 05 sec. East 64.6 feet to the intersection of the Southerly right of way line of Ocean Drive, which point of intersection is. the point of termination of the said common boundary, and is approximately 6,880 feet from the said point of beginning, measured along the Southerly right of way line of Ocean Drive. A ±3 k EXHIBIT "A" Page 2 NO. 77,903-B-1 CITY OF CORPUS CHRISTI ET AL. X IN THE 117th DISTRICT Versus X COURT OF JACK S. MADDUX ET AL. 1 NUECES COUNTY, TEXAS FINAL JUDGMENT On the day of , 1965, plaintiffs City of Corpus Christi and the State of Texas, and defendant University of Corpus Christi appeared by their respective attorneys of record, and announced to the Court that the issues in this cause as between such parties had been compromised and set- tled as authorized by Article 5421k -3, X 3, Revised Civil Statutes of Texas, and that the following agreed adjudication should be made: It is, therefore, ORDERED, ADJUDGED and DECREED that the boundary line between the land owned by the plaintiffs City of Corpus Christi (under and by virtue of its grant from the State-of Texas, being Patent No. 158, Volume 29 -B, in the General Land Office, dated June 11, 1959, and recorded in Volume 857, pages 633, et seq. Deed Records of Nueces County, Texas) and the State of Texas, on the one hand, and defendant University of Corpus Christi (under and by virtue of its conveyance from the United States of America; dated August 6, 1951, recorded in Volume 542, pages 354 to 365, Deed Records of Nueces County, Texas) is, and is hereby adjudged to be, as follows: For the point of beginning of the common boundary between Ward Island (sometimes called "University Heights ") and Oso Bay, in Nueces County, Texas, proceed from a cedar post set at the intersection of the Easterly or Southeasterly boundary line of Edgewater Terrace, a subdivision of the City of Corpus Christi, Nueces County, Texas, shown by map recorded in Volume 7, Pages 38 -39, of the Map Records of said County, and the estimated line -of ordinary high water on the South shore of Corpus Christi Bay•, Thence with said defined shoreline, South 38 degrees, 44 minutes, 25 seconds East 150.43 feet to a point being 56 feet Northerly from, and measured at right angles to, the centerline of the pavement known as Ocean Drive; Thence South 70 degrees, 45 minutes, 05 seconds East 290.06 feet to a point being 50 feet Northerly from, and measured at right angles to, the centerline of said pavement known as Ocean Drive; Thence, parallel with and EXfI1BIT "B" Page 1 i 50 feet normal to the centerline of said pavement, South 71 degrees, 56 minutes, 15 seconds East 336, 40 feet to a cor- ner; Thence, crossing Ocean Drive, South 18 degrees, 03 minutes, 45 seconds West 82. 70 feet; Thence North 71 de- grees, 56 minutes, 15 seconds West 37.42 feet; Thence South 67 degrees, 50 minutes, 05 seconds West 4, 33 feet to the intersection of the Southerly right of way line of Ocean Drive, which point of intersection is the point of beginning of the said common boundary. Thence, from the said point of beginning of said common boundary, South 67 degrees, 50 minutes, 05 seconds West 151.40 feet; South 21 degrees, 14minutes, 45 seconds West 845. 16 feet; South 8 degrees, 08 minutes, 45 seconds East 1, 095. 95; North 23 degrees, 43 minutes East 345.79 feet; South 89 degrees, 50 minutes East 215.3 feet; South 32 de- grees, 10 minutes East 213 feet; South 22 degrees 50 minutes East 359. 6 feet; South 30 degrees, 40 minutes East 340 feet; South 55 degrees, 23 minutes East 89.8 feet; South 16 degrees, 18 minutes West 602.8 feet; South 30 degrees, 42 minutes East 156. 1 feet; North 87 degrees, 31 minutes East 152.8 feet; North 47 degrees, 59 minutes East 563.1 feet; North 77 de- grees, 01 minutes East 264.9 feet; South 36 degrees, 49 minutes East 137. 2 feet; South 9 degrees, 59 minutes West 168. 2 feet; South 13 degrees, 30 minutes East 133. 0 feet; South 33 degrees, 43 minutes East 117.7 feet; South 44 degrees, 52 minutes East 396 feet; South 62 degrees, 32 minutes East 179.9 feet; South 89 degrees, 21 minutes East 285. 5 feet; South 40 degrees, 29 minutes East 153.4 feet; South 22 degrees, 56 minutes E. 113. 2 feet; South 72 degrees, 21 minutes West 100 feet; North 84 de- grees, 25 minutes West 400 feet; North 63 degrees, 00 minutes West 42.7 feet; South 2 degrees, 38 minutes East 71 feet; South 36 degrees, 31 minutes East 134. 2 feet; South 73 degrees, 59 minutes East 634. 6 feet; North 65 degrees, 50 minutes East 349. 2 feet; North 69 degrees, 28 minutes East 117. 8 feet; North 52 degrees, 08 minutes East 1, 031.3 feet; North 37 degrees, 44 minutes East 704.2 feet; North 58 degrees, 59 minutes East 873.6 feet; South 56 degrees, 27 minutes East 160. 6 feet; South 21 degrees, 21 minutes West 77. 4 feet; South 4 degrees, 32 minutes East 19. 1 feet; South 74 degrees, 05 minutes East 24. 4 feet; North 55 degrees, 05 minutes East 32.7 feet; North 42 degrees, 32 minutes East 40.6 feet; South 87 degrees, 15 minutes East 117.3 feet; South 41 degrees, 44 minutes West 22. 3 feet; South 35 degrees, 27 minutes West 189.9 feet; South 14 degrees, 59 minutes West 125. 3 feet; South 43 degrees, 09 minutes West 158. 2 feet; South 38 degrees, 03 minutes West 100.7 feet; South 11 degrees, 54 minutes East 43.4 feet; South 51 degrees, 04 minutes East 44.5 feet; North 43 degrees, 30 minutes East 100 feet; North 67 degrees, 04 minutes East 112. 0 feet; North 87 degrees, 22 minutes East 347.9 feet; North 68 degrees, 28 minutes East 299. 2 feet; South 57 degrees, 25 minutes East 128.0 feet; North 63 degrees, 40 minutes East 447.3 feet; North 78 degrees, 06 minutes East 106.7 feet; North 28 degrees, 28 minutes 05 seconds East 64. 6 feet to the intersection of the southerly right of way line of Ocean Drive, which point of intersection is the point of ter- mination of the said common boundary, and is approximately EXI-IIBIT "B" Page 2 • 6, 880 feet from the said point of beginning, measured along the Southerly right of way line of Ocean Drive. It is further ORDERED that plaintiffs pay one half of the costs and that defendant University of Corpus Christi pay one half. SIGNED and ORDERED ENTERED this day of February, 1965. SUDGE PRESIDING APPROVED AND AGREED TO: Attorneys for Plaintiffs City of Corpus Christi and State of Texas Attorneys for Defendant University of Corpus Christi EXHIBIT "B" Page 3 STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ) THAT WHEREAS, the City of Corpus Christi, Texas (hereinafter called "GRANTEE "), a municipal corporation, presently holds title to certain land underlying Oso Bay, in Nueces County, Texas, under and by virtue of that certain corrected Patent from the State of Texas, issued , 1965, and being Patent No. , Volume , in the General Land Office, and Article 5$21k -3, Revised Civil. Statutes of Texas, subject, however, to the conditions and requirements set forth in said statute, to which reference is hereby made for all purposes; and, WHEREAS, Grantee intends to develop and improve the land covered by said corrected Patent in accordance with the requirements of said statute so that its title thereto shall become absolute; and, WHEREAS, the University of Corpus Christi (hereinafter called "GRANTOR "), a Texas non - profit corporation, presently holds title to that certain tract of land, in Nueces County, Texas, containing ( } acres, which is described by metes and bounds in Exhibit "A ", attached hereto and made a part hereof, which tract of la.;d abu.tts the land underlying Oso Bay now owned by Grantee; and, WHEREAS, Grantee desires to likewise develop and improve the land described in said Exhibit "A" in connection with the development and improvement of the land covered by said corrected Patent, and, accordingly, Grantee desires to acquire title to the land described in said Exhibit "A" after the same has been so developed and improved. NOW, THEREFORE, for and in consideration of One Dollar ($1.00), and other good and valuable consideration, Grantor has SOLD and GRANTED, and does hereby SELL and GRANT unto Grantee an option to EXHIBIT "C" Page 1 purchase the land described jn said Exhibit "A ", subject to the terms, covenants, conditions and reservations hereinafter set forth. TO HAVE AND TO HOLD said option unto Grantee, its successors and assigns, subject to the said terms, covenants, conditions and reservations. IT IS UNDERSTOOD AND AGREED that Grantee, or its assigns, shall develop and improve, in accordance with all of the requirements of the said statute, a minimum of one hundred (100) acres of land covered by the said corrected Patent so that title to at least one hundred (100) acres of the said land (including the areas devoted to channels, canals and waterways) shall become absolute in Grantee, or its assigns, and that in connection with, but in addition to, the development and improvement of the land covered by said corrected Patent, Grantee, or its assigns; may develop and improve all, or any part, of the land described in said Exhibit I'A", as Grantee shall elect, by filling and raising the surface thereof to at least three (3') feet above the level of mean high tide (excepting such part of same a.s may be devoted to channels, canals, or waterways which may be excavated on such land in connection with such development and improvement). However, in the event title to at least one hundred (100) acres of land covered by said corrected Patent does not become absolute in Grantee, as aforesaid, within the time limit which may be granted under any amending statute enacted on or before July 1, 1965, then the option herein granted shall become null and ' void, and be of no further force and effect. The option herein granted, subject to the terms, covenants, conditions and reservations herein set forth, shall expire at midnight on July 1, 1965, unless prior to such time there is enacted a statute amending Article 5421k -3 by extending the time limit within which title to the land covered by the said corrected Patent may be E=IT "C" Page 2 perfected by Grantee, in which event the option herein granted shall be extended for a period equal to the extension of the said statutory time limit. At any time prior to the expiration of the option herein granted., provided that title to at least one hundred (100) acres of land covered by said corrected Patent has theretofore become absolute in Grantee, or its assigns, Grantee shall be entitled to purchase, at a price of One Dollar ($1.00) per acre, such portion of the land described in said Exhibit "A" which has been improved and developed (including the areas devoted to channels, canals, or waterways), as above provided, subject, however, to the waterway easement reservation as hereinafter provided, and upon the payment of such purchase price, and designation by Grantee of the location of the said waterway easement, Grantor shall execute and deliver to Grantee, or its assigns, a good and sufficient Special Warranty Deed covering so much of the land described in said Exhibit "A" which has been developed and improved as aforesaid. The option herein granted is expressly made subject to, and the said Special Warranty Deed shall provide for, the reservation unto Grantor, its successors and assigns, of an easement over and across the land described in said Exhibit "A" for the purpose of excavating, constructing, maintaining, and utilizing a channel, canal, or waterway extending from the common boundary between the land described in said Exhibit "A" and the remainder of the land comprising Ward Island, to any channel, canal, or waterway here- after excavated, constructed, or maintained on or connecting with the land described in said Exhibit "A ". Such easement reserved by Grantor shall be sixty (60') feet in width, however, the location of same over and across the land described in said Exhibit "A" shall be selected by Grantee, or its EXIiZBIT "C" Page 3 assigns, at the time the option herein granted is exercised, and the description of same shall be set forth in the said Special Warranty Deed. In addition to the option hereinabove granted, Grantor further grants unto Grantee, its successors and assigns, an easement over and across the land described in said Exhibit "A ", together with an easement over and across all other land comprising Ward Island having a surface elevation of less than three (3') feet above the level of mean high tide. Such easements are granted, and shall be utilized, only for the purposes of ingress and egress to and from, and the drainage of water from and off of, the land described in said Exhibit "A ", and other lands adjoining the same, in connection with the development and improvement of such lands, as aforesaid. Such easements shall exist during the term of the option hereinabove granted, and upon the termination of such option, the said easements shall also terminate. It is understood and agreed that the option herein granted shall be exercised at the sole election of Grantee, or its assigns, and Grantee and its assigns shall not be liable to Grantor by reason of their failure to exercise said option and develop said land as herein provided. It is further understood that the said development and improvement of said land may be undertaken by a private individual or firm, as the assignee of Grantee, and, in such event, Grantor hereby agrees to cooperate in assisting such developer to meet any reasonable requirements made by any lending institution providing the financing for such development and improvement, by placing in escrow, if necessary, prior to the completion of such development and improvement, the Special Warranty Deed to be given by Grantor hereunder, with the understanding, of course, that such deed shall EXHIBIT "C" Page 4 be completed in conformity herewith and delivered to the person entitled to same upon the fulfillment of Grantee's obligations hereunder. IN WITNESS WHEREOF this day of , 1965. ATTEST: UNIVERSITY OF CORPUS CHRISTI By: Secretary President z STATE OF TEXAS COUNTY OF NUECES BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared W. A. MILLER, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said UNIVERSITY OF CORPUS CHRISTI, a non - profit corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1965. Notary Public in and for Nueces County, Texas. EXHIBIT "C" Page 5 • EXHIBIT "An (Attached to Option from the University of Corpus Christi to the City of Corpus Christi, Texas) E For the point of beginning of the description of this tract of land, proceed from a cedar post set at the intersection of the Easterly or Southeasterly boundary line of Edgewater Terrace, a subdivision of the City of Corpus Christi, Nu.eces County, Texas, shown by map recorded in Volume 7, Pages 38 -39, of the Map Records of said County, and the estimated line of ordinary high water on the South shore of Corpus Christi bay; Thence with said defined shoreline, South 38 deg. 44 min. 25 sec. East 150.43 feet to a point being 56 feet Northerly from, and measured at right angles to, the center- line of the pavement known as Ocean Drive; Thence South 70 deg. 45 min. 05 sec. East 290.06 feet to a point being 50 feet Northerly from, and measured at right angles to, the centerline of said pave- ment known as Ocean Drive; Thence, parallel with and 50 feet normal to the centerline of said pavement, South 71 deg. 56 min. 15 sec. East 336.40 feet to a corner; Thence, crossing Ocean Drive, South 18 deg. 03 min. 45 sec. West 82.70 feet; Thence North 71 deg. 56 min. 15 sec. West 37.42 feet; Thence South 67 deg. 50 min. 05 sec. West 4.33 feet to the intersection of the Southerly right -of -way line of Ocean Drive, which point of intersection is the most Northerly corner of this tract and the point of beginning for the description thereof; Thence with the Westerly boundary line of this tract South 67 deg. 50 min. 05 sec. West 151.40 feet; South 21 deg. 14 min. 45 sec. West 845.16 feet; South 8 deg. 08 min. 45 sec. East 1095.95 feet to the meander line of Cayo del Oso for the Southwest corner of this tract; Thence with the Southerly boundary line of this tract, the meander line of Cayo del Oso North 23 deg. 43 min. East 345.79 feet; South 89 deg. 50 min. East 215.30 feet; South 32 deg. 10 min. East 213 feet; South 22 deg. 50 min. East 29.83 feet to the Southeast corner of this tract; Thence leaving said meander line with the Easterly boundary line of this tract North 20 deg. 16 min. 18 sec. East 761.11 feet; North 15 deg. 13 min. 42 sec. West 542.24 feet; North 4 deg. 45 min. 18 sec. East 472.34 feet to the intersection of the Southerly right -of- way line of Ocean Drive for the Northeast corner of this tract; Thence with said right -of -way line North 71 deg. 56 min. 15 sec. West 366.66 feet to the point of beginning. EXHIBIT °Cu Page 6