HomeMy WebLinkAboutC2009-593 - 11/17/2009 - Approved~ ~.
r ~ + ~
~' i ~
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRII~ ANY OF THE FOLLOWING INFORMATION FROl`di THIS INSTRUMENT
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER
GRANT OF CONSERVATION EASEMENT
This Grant of Conservation Easement {"Conservation Easement") is made on this
O~ ~~ day of ~.~; 20(x, by the CITY Op' CORPUS CHRISTI, a Texas
municipal corporation, with the address of 1201 Leopard St., Corpus Christi, Texas 78401
("Grantor"), and, Coastal Bend Bays & Estuaries Program, Inc., a Texas non-profit corporation,
with the address of 1305 N. Shoreline, Suite 205, Corpus Christi, Texas 7$701, ("Grantee").
I~rr~_~g ~ ~_~ fit. a~u ~i.;~.~~~,.•'~~
RECITALS: '{r i~`''~~s j.7
~~~~~~:~s:si7li~t ~7R:~s;~1'~
A. The Grantor is the sole owner in fee simple of the property (c~~~~5~ described in
Exhibit A, attached hereto and incorporated by this reference, which consi~~~~~~r~nately 48.91 acres
located in Nueces County, State of Texas and is generally known as the Gaines Tract (" Proper[').
B. Notice is hereby given that The City of Corpus Christi acquired the Property, Document
#2009047255, with Coastal Management Program funds pursuant to a Grant Agreement between the Texas
General Land Office and the City of Carpus Christi, dated 11-17-09, GLO Contract Number: 10-OSS-000-
3751, acopy of which is kept at the Texas General Land Office, Stephen F. Austin Building, 1700
North Congress Avenue, Austin, Texas 78701-1495.
C. This property must be used in perpetuity for the purposes for which it was acquired under the
Coastal Management Program. If the property is ever sold or used for purposes contrary to those far which it
was acquired, the National Oceanic and Atmospheric Administration must be compensated in accordance
with the Uniform Administrative Requirements for Grants aild Cooperative Agreements t o S t at e
and Local Governments (15 C.F,R. Part 24).
The purposes for which this property was acquired are:
1. To provide the public with a scenic corridor featuring a hike and bike trail. Primary objectives of
this parkway are to preserve public access to shorelines through acquisition of parks and open
space;
2. Conservation, restoration, enhancerr~ent or protection of coastal or marine habitats including
wetlands and estuaries;
2009-593
Res. 02$411
11/17/09
CBB&EP
1
INOEX~D
~t
,' , * ~ r
3. Projects and activities for the conservation, protection, or restoration of wetlands.
D. The Grantor and Grantee have the common purpose of conserving the above-described
conservation values of the Property in perpetuity, and the State of Texas has authorized the creation of
Conservation Easements pursuant to Chapter 1$3 of the Texas Natural Resources Code, TEX NAT.
RES. CODE ANN. §§ 1$3.01, et. seg., and Grantor and Grantee wish to avail themselves of the provisions
of that law.
NOW, TIfEREFORE, the Grantor, for and in consideration of the facts recited above and of the
mutual covenants, terms, conditions and restrictions contained herein and as an absolute and
unconditional gift, hereby gives, grants, bargains, sells and conveys unto the Grantee a Conservation
Easement in perpetuity over the Property of the nature and character as follows:
1. PURPOSE. The purpose of this Conservation Easement is to ensure that the
Property will be retained forever predominantly in its natural and scenic condition; to protect native
plants, animals, or plant carnmunities on the Property; to prevent any use of the Property that will
significantly impair or interfere with the conservation values of the Property described above, while
allowing for traditional uses on the Property that are compatible with and not destructive of the
conservation values of the Property.
Grantor will not perform, nor knowingly allow others to perform, any act on or affecting the
Property that is inconsistent with the purposes of this conservation easement. However, unless
otherwise specified below, nothing in this Conservation Easement shall require the Grantor to take
any action to restore the condition of the Property after any act of God or other event over which Grantor
had no control. Grantor understands that nothing in this Conservation Easement relieves them of any
obligation or restriction on the use of the Property imposed by law.
2. PROPERTY USES. Any activity on or use of the Property inconsistent with the
purposes of this conservation easement is prohibited. Without limiting the generality of the foregoing,
the following is a listing of activities and uses which are expressly prohibited or which are expressly
allowed. Grantor and Grantee have determined that the allowed activities do not impair the conservation
values of the Property. Additional retained rights of Grantor are set forth in Paragraph 3 below.
2.1 Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed
or pledged for a debt except in its current configuration as an entity.
2.2 Construction. Grantor shall have the right to construct hike and hike trails, nature trails,
2
parking area, shade structures, and interpretative kiosks. Size and location of any such
improvements will be mutually agreed upon by the Grantor and the Grantee. The new
construction shall be sited as to cause the least disturbance to the conservation values
of the Property. The location and design of the new construction shall be subject to the
approval of Grantee. Grantee agrees that if the location and design of the new building
meets the above standards its approval shall not be unreasonably withheld. No other
structures may be placed or constructed on the Property. Furthermore, there shall be
no constructing ar placing of any recreational court, airplane landing strip, utility pole
{other than those necessary to service the Property's improvements}, utility tower,
conduit or line on or above the Property except under the threat of or actual eminent domain.
Outdoor lighting shall be placed and shielded so as to minimise the impact on
surrounding areas.
2.3 Agricultural Use. Grantor shall not allow the placement or grazing of domestic livestock
or other domesticated animal species.
2.4 Recreational Uses. Grantor shall have the right to engage in and permit others to engage
in recreational uses of the Property, including, hiking, biking, bird-watching and fishing,
that require no surface alteration or other development of the land. Pursuit of wildlife by
any form of motorized transporta#ion is not allowed.
2.5 Excavation. Except as necessary to accommodate the activities expressly permitted
under this easement, there shall be no ditching, draining, diking, filling, excavating, dredging,
removal of topsoil, sand, gravel, rock, minerals or other materials, mining, drilling or removal
of minerals, nor any building of roads or change in the topography of the Property or
disturbance in the soil in any manner.
2.6 Destruction of Plants Disturbance of Natural Habitat, Grantor shall have the right to cut and
remove diseased or exotic tries, shrubs, or plants, and to cut firebreaks, subject to the prior
approval of Grantee, except that such approval shall not be required in case of emergency
firebreaks. Grantor shall also have the right to cut and remove trees, shrubs or plants to
accommodate the activities expressly permitted under this easement such modifications will
be limited to not more than fifteen feet from an established trail. There shall be no
additional removal, harvesting, destruction or cutting of native trees, shrubs or plants.
There shall be na planting of non-native trees, shrubs or plants on the Property.
Furthermore, except to accanunodate the activities expressly permitted under this
3
easement there shall be no use of fertilizers, plowing, introduction of non-native animals, or
disturbance or change in the natural habitat in any manner.
2.7 Hydrolo~y. Other than the construction of wells or retention ponds to serve allowed
improvements, there shall be no alteration, depletion or extraction of surface water, natural
water courses, lakes, ponds, marshes, subsurface water or any other water bodies an the
Property.
2.8 Si~age_. No signs or billboards or other advertising displays are allowed on the
Property, except that signs whose placement, number and design do not significantly
diminish the scenic character of the Properly may be displayed to state the name and
address of the Property to advertise ar regulate pemutted on-site activities, educational
materials, and to post the Property to control unauthorized entry or use.
2.9 Na Biocides. There shall be no use of pesticides or biocides, including but not limited to
insecticides, fungicides, rodenticides, and herbicides, except a5 approved by Grantee.
2.10 No Dumping. There shall be no storage or dumping of trash, garbage, or other unsightly
or offensive material, hazardous substance, or toxic waste, nor any placement of
underground storage tanks in, on, or under the Property; there shall be no changing of the
topography through the placing of soil or other substance or material such as land fill or
dredging spoils, nor shall activities be canductecl on the Property that could cause erosion or
siltation an the Property.
2.11 No Pollution. There shall be no pollution, of surface water, natural water courses, lakes,
ponds, marshes, subsurface water or any other water bodies, nor shall activities be
conducted on the Property that would be detrimental to water purity or that could alter the
natural water level or flow in or over the Property,
2.12 Animal Pot~ulation Control. Grantor shall have the right to control, destroy, or trap
problem animals which pose a thmat to humans and/or habitat by means and methods
approved by Grantee. The method employed shall be selective and specific to
individuals, rather than broadcast, nonselective techniques.
2.13 Commercial Development Any commercial or industrial use of ar activity on the
Property except as permitted herein is prohibited.
2.14 Densi .Neither the Property nor any portion of it shall be included as part of the gross
area of other property not subject to this Conservation Easement for the purposes of
4
detez~nining density, lot coverage, or open space requirements under otherwise applicable
laws, regulations or ordinances controlling land use and building density. No
development rights that have been encumbered or extinguished by this Conservation
Easement shall be transferred to any other lands pursuant to a transferable development
rights, scheme cluster development arrangement or otherwise; provided, however, that
with prior written permission of the. Grantee, this paragraph shall not preclude such
transfer of development rights resulting from the desin.~ction or demolition of any
existing residential building on the Property.
3. ADDITIONAL RIGHTS RETAINED BY GRANTOR. Grantor retains the
following additional rights:
3.1 Existin Uses. The right to undertake or continue any activity or use of the
Property not prohibited by this Conservation Easement. Prior to making any change in use
of the Property, Grantor shall notify Grantee in writing to allow Grantee a reasonable
opportluiity to determine whether such change would violate the terms of this
Conservation Easement.
3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Property
is subject to the terms of this Conservation Easement
4. GRANTEE'S RIGHTS. To accomplish the purpose of this Conservation Easement, the
following rights are granted to Grantee by this Conservation Easement:
4.1 Right to Enforce. The right to preserve and protect the conservation values of the
Property and enforce the terms of this Conservation Easement.
4.2 Ri t of Entzy The right of Grantee's staff, contractors and associated natural
resource management professionals to enter the Property, for the purposes of: (a} inspecting
the Property to detemvne if Grantor is complying with the covenants and purposes of this
Conservation Easement; and (b} monitoring and research as described below and (c)
management of exotic and invasive species as described below.
4.3 Monitorng and Research. The right, but not the obligation, to monitor the plant
and wildlife populations, plant communities and natural habitats on the Property.
Grantor shall cooperate with Grantee in establishing, at no expense to Grantor, a written
Monitoring and Research Plan to direct the monitoring of and research on plant and
5
wildlife populations, plant communities and natural habitats on the Property. Grantor
agrees that all monitoring activity, natural resource inventory and assessment work or other
natural resource research, conducted by Grantor or others, shall be reported to Grantee.
4.4 Management of Exotics and ]'evasive Species. The right, but not the obligation, to control,
manage or destroy exotic non-native species or invasive species of plants and animals
that threaten the conservation values of the Property. Grantee will consult with Grantor
prior to implementing management activities.
4.5 Discretionary Consent. The Grantee's consent for activities otherwise prohibited or
requiring Grantee's consent under paragraph 2 above, may be given under the following
conditions and circumstances. It owing to unforeseen or changed circumstances, any
of the prohibited activities listed in paragraph 2 are deemed desirable by both the Grantor
and Grantee, the Grantee may, in its sole discretion, give permission for such activities,
subject to the limitations herein. Such requests for permission, and permission for
activities requiring the Grantee's consent shall be in writing and shall describe the proposed
activity in sufficient detail to allow the Grantee to judge the consistency of the proposed
activity with the purpose of this Conservation Easement. The Grantee may give its
permission only if it determines, in its sole discretion, that such activities (1) do not
violate the purpose of this Conservation Easement and (2) either enhance or do not
impair any significant conservation interests associated with the Property. Notwithstanding
the foregoing, the Grantee and Grantor have no right or power to agree to any activities that
would result in the termination of this Conservation Easement.
S. RESPONSIBILITIES OF GRANTOR AND GRANTEE NOT
AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any
legal ar other responsibility on the Grantor, or in any way to affect any existing obligation of the Grantor
as owners of the Property. Among other things, this shall apply to;
(a) Faxes -The Grantor shall be solely responsible for payment of all taxes and
assessments levied against the Property.
(b} Upkeep and Maintenance -The Grantor shaIl be solely responsible for the upkeep and
maintenance of the Property, to the extent it may be required by law. The Grantee shall have no
6
obligation for the upkeep or maintenance of the Property.
6. ACCESS. The Grantee cannot grant the right of access by the general public to
any portion of the Property that is conveyed by this Conservation Easement. However, the public has the
right to view the Property from adjacent publicly accessible areas such as public roads and waterways
7. ENFORCEMENT, The Grantee shall have the right to prevent and correct violations
of the temps of this Conservation Easement. With advance written notice the Grantee may enter the Property
for the purpose of inspecting for violations. If the Grantee finds what is a violation, it may at its
discretion take appropriate legal action. Except when an ongoing or imminent violation could
substantially diminish or impair the conservation values of the Property, the Grantee shall give the
Grantor written notice of the violation and sixty (60} days to correct it (or to begin good faith efforts to
correct in the event the violation is something which cannot be reasonably corrected in sixty days},
before filing any legal action. If a court with jurisdiction determines that a violation may exist or has
occut~ed, the Grantee may obtain an injunction to stop it, temporarily or permanently. A court may also
issue an injunction requiring the Grantor to restore the Property to its condition prior to the violation. The
failure of the Grantee to discover a violation or to take immediate legal action shall not bar it from doing
so at a later time.
8. TRANSFER OF EASEMENT. The parties recognize and agree that the benefits of this
easement are in gross and assignable. The Grantee shall have the right to transfer or assign this Conservation
Easement to any private nonprofit organization that at the time of transfer, is a "qualified organization"
under Section 170(h) of the U.S. Internal Revenue Code, and the organization expressly agrees to
assume the responsibility imposed on the Grantee by this Conservation Easement. If the Grantee ever
ceases to exist or no longer qualifies under Sec. 170(h} or applicable state law, a court with jurisdiction
shall transfer this easement to another qualified organization having similar proposes that agrees to assume
the responsibility.
9. TRANSFER OF PROPERTY. Any time the. Property, or any interest therein, is
transferred by the Grantor to any third party, the Grantor shall notify the Grantee in writing at least thirty
(30) days prior to the transfer of the Property, and the document of conveyance shall expressly refer to this
Conservation Easement.
10. AMENDMENT OF EASEMENT. This Conservation Easement maybe amended only
with the written consent of Grantor and Grantee. Any such amendment shall be consistent with the
purposes of this Conservation Easement and shall comply with Sec. 170(h) of the internal Revenue
Code, or any regulations promulgated in accordance with that section. Any such azxrendment shall
7
also be consistent with Chapter 183 of the Texas Natural Resources Code, or any regulations
promulgated pursuant to that law. The Grantor and Grantee have no right or power to agree to any
amendment that would affect the enforceability of this Conservation Easement.
11. TERMINATION OF EASEMENT. If it is determined that conditions on or
surrounding the Property have changed so much that it is impossible to fulfill the conservation purposes
set forth above, a court with jurisdiction may, at the joint request of both the Grantor and Grantee,
terminate this Conservation Easement.
If condemnation of a part of the Property or of the entire Property by public authority renders it
impossible to fulfill any of these conservation purposes, the Conservation Easement may be terminated
through condemnation proceedings.
At the time of the conveyance of this Conservation Easement to the Grantee, this
Conservation Easement gives rise to a real property right, immediately vested in the Grantee. If the
property is ever sold or used for purposes contrary to those for which it was acquired, the National
Oceanic and Atmospheric Administration must be compensated in accordance with the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments (15 C.F.R. Fart 24).
12. INTERPRETATION. This Conservation Easement shall be interpreted under the laws
of Texas, resolving any ambiguities and questions of the validity of specifc provisions so as to give
maximum erect to its conservation purposes.
13. INDEMNIFICATION. To the extent permitted by law, each party agrees to
release, hold harmless, defend and indemnify the other from any and all liabilities including, but not
limited to, injury, losses, damages, judgments, costs, expenses and fees that the indemnified parry may
suffer or incur as a result of or arising out of the activities of the other party on the Property that causes
injury to a person{s) or damage to property.
14. TITLE. The Grantor covenants and represents that the Grantor is the sale owner and is
seized of the Property in fee simple and has good right to grant and convey this Conservation Easement;
that the Property is free and clear of any and all encumbrances except as listed on Exhibit B, including
but not limited to, arty mortgages not subordinated to this Conservation Easement, and that the Grantee
shall have the use of and enjoy all of the benefits derived from and arising out of this
Conservation Easement. NOTE: If any mortgages exist, they must be subordinated.
15. NOTICES. Any notices required by this Conservation Easement shall be in writing and
shall be personally delivered or sent by first class mail, to Grantox and Grantee, respectively, at the
8
following addresses, unless a party has been notified by the other of a change of address.
To Grantor:
To the Grantee:
The City of Corpus Chzlsti C9a5 t~ $~,v~ d Q s % Ls'1'uarT,eS P!'p~rawr~ I n t .
1201 I.eopand St ZZ2 t~au.er' S~. --
Corpus Christi, Texas 78401 ~~+s C Iti /'i S ti ; Tk 7$4D t
16. ENVIRONMENTAL CONDITION. The Grantor warrants that they have no actual
knowledge of a release or threatened release of hazardous substances or wastes on the Property.
17. SEVERABILITY. if any provision of this Conservation Easement is found to be
invalid, the remaining provisions shall not be altered thereby.
18. PARTIES. Every provision of this Conservation Easement that applies to the Grantor or
Grantee shall also apply to their respective hears, executors, administrators, assigns, and all other ~acoe~ors as
their interest may appear'.
19. RE-RECORDING. In order to ensure the perpetual enforceability of the Conservation
Easement, the Grantee is authorized to re-record this instrument or any other appropriate notice or
u~stnunent.
20. MERGER. The parties agree that the terms of this Conservation Easement shall survive
any merger of the fee and easement interest in the Property.
21. SUBSEQUENT LIENS ON PROPERTY. No provisions of this
Conservation Easement should be construed as impairing the ability of Crrantor to use this Property as
collateral far subsequent borrowing, provided that any mortgage or lien arising from such a borrowing
would be subordinate to this Conservation Easement.
22. ACCEPTANCE & EFFECT IVE DATE. As attested by the signature of its authorized
representative affixed hereto, the Grantee hereby accepts without reservation the rights and responsibilities
conveyed by this Conservation Easement This Conservation Easement is to be effective the date recorded in the
Nueces County Registry of Deeds.
TO HAVE AND TO HOLD, this Grant of Conservation Easerna~t unto the Grarvtee, its successors and
assigns, forever.
IN WITNESS WHEREOF, the Grantor and Grantee, intending to legally bind themselves, have
set their hands and seals on the date first written above.
9
GRANTOR
CITY OF CORPUS CHRISTI, TEXAS
~~~~
` el .Escobar, City Manager
THE STATE OF TEXAS §
COUNTY OF NUECFS §
This u~strumentwas aclrnowledged before me on~ ~-p~ ~ ~ , 20~ by `Angel R. Escobar,
as City Manager of the City of Corpus Chr^~i t a Texas municipal corporation, on behalf of said
corporation.
HQLLY ii0i1{iHTON ~~
MY COMMISSION EXPIRES
seer 2a, 2(112 Notary Public in d for the
ATTEST:
ARMANDO CAAPA, CITY SF,CRETARY
APPROVED AS TO LEGAL FORM THIS
DAY OF ~• ~ 201.
4Z'~
FOR THE CITY ATTORNEY
,~°~
'sue ~„' l a,
Assistant City Attorney
City Legal Department
~~~`Y f! I ~~~HOHia.e~
w~n~...u~•rr.rr~
$~CR~TARY~j~..
10
GRAN'T`EE
1 a~,
STATE OF TEXAS
COUNTY OF NUECES
the, ~ ~/ d,~y of r~ ~ 20~ by
behalf of said corporation.
Vii.-`cr-P~.~'-"-~~
2o~a~Y puB~~ MARSHA ANN ~ASTHAM tary Public, State of Texas
Notary Pubilc
~•5~}~, STATE OF TEXAS
r
s ••... ~
"'•~'~oFY~*P•`• My Gomm. Exp. 11.14.2x12
if
EX~iC~i)<T A
BS1IV{i s48,91 afire tract of tend situstaci ~tirtitvly iu Lot'fhree (3), Lot I?ottr (4}, Lot Eievei~
(] 1), Lat'J'welve {12), I:,cst SeYemteen {1.7), unt3 Let Eighteen {1 R), Section ;[hirty-two (~~),
FL;t:IU~t BLiJFIx AND ENtr•~ AL• FA~1+I~ ANA GARDEN'I'RAe'Y'S~pf record in V'olurnc A,
~agcs 41M43~t'tltc !hap Rc-c~•rds ofNuaco~ County, Texas, snd ba€rtg a portion afthut certain
tract aF land aanvpyed by George B, (3~aittas,l'T., ai ux to 1'!ta (3eocge B. Guinea, Jr. r'a~rniiy .
Lintited ~ertnarahip, LTD. aocarding to 13aepntent Number 84224}9 of the ofticial•]tecords ai'
Nueces Cnttnty, Texts, find a portion of that t:artaan tract,aF land cont~ayed by Claaxge .B. Gstinas,
lr., et ux ta'I"he GeQrga $. Gainaa, Jr. Family Limited 1'artnorship, L~'Q. sccarcling to Dorumernt
No. $47210 ofthe Qfl~cial Itcaards o>t'Nucces Qotm#.y, Texas, said 48.91'acre tract of land being
mare fix[ly described ~by metes and bounsla as ~IEow~: , •
CQMMFTICING at a SIR inch dietnater tabor ~wlth yeRnw elastic r,~ s~+crlrsped "+JRF7r1N.
b'U~Yfs }~~'NG,1Nf'.') 1~rund marking tftc tsommozt csarnox Of 3r~clion 27, Section x8, Section 31
and said Section 32, 'dour Blu#1'end Fnninal Ftum sod +C3arden'I`~pcts, THLyE:E, South GI ° 22'
3S" East, eleing the common lino t~Pau3d Sdt;t€un 31 titstt said Saat3ort 37, g d!s#anca csf 139'7,62
foot to a id8 inch diameter steel mbar aet td mark the north comer of tlta itorcin described treat
and Ilia Po1NT of F~I?GrNNTI+JQ herelr-; ~ .
THEhICE, $outh~G!° 22' 33'° Bast, coatinuar[g with the common lists oi' Section 31 and Section
32, a distance of 958.1)1 face to a S1R inch diameter steal relsar sec to mark tho beginrdng al' n nun-
tangcnt ettrve to the right;
'I'HEl\twli, -uitlt Bald ourvs to tits right, having a radius of 1597.21 !`sot, intetigrangte of 10° Q9'
S7", sherd b$ers South 46° 22' 2C" East, 34!,52 feet, far ati arc length aC341,~7 feet to a 518 inch
diame~ter~•sltstil rt:bar ltsund~msriCirig the tcortht:sist corner of the hemir desoritlEd tract;
,-
THl3NCB, South 78° 38'49" West, a distgrtvd afr2597.A~ #bet to a 5r8 inch diantetcr stca€ robot
.(bond marking the south corner of We herein dasarlbi~d tract;
'1`N1~1C:B, North G~1 ° 2Q' 04" West, a distance oF'740,US test tv a 518• iaoh diataeter stcol rcbar set
to mark tl;e southwest earner oftho herein described Iraey
THEri CB, North 28° 39' SG" ,fast, a distance of 165,40 feet to a S!8 inch diameter st~l tabor sal
to marls the beginning of a ttsngeni curve to the right;
TI~riCG, witlY aafid curve to the zigbtr having a rtdina of SbO,flt} fetst, interior xngla ai' 17° l fi'
50", chord boats North 37° I8' 41" East, 168.37' fast, ft~r an arc Eength of l 69,t}I t'cet t~ a 518 inch
cliumeter atetl tabor aet. lbr its point of ta~tgoacy;
THBI~CE, North 45° S7' 4tS'0 Bast, a distarica of SU7,24 feat t.o a 51$ inch dinmoter etas! rcbar set
to mn rk ilia bcgityn€tzg of a tangent ourve to [hra Eoft; ,
T[T.1:NCL, with said curvy; #c the Ea#t, having a radiuri nt' fi~4p,00 feet, inbe~rior angle ol'37° I3'
Exhibit r\ Page I ~ '~':~
54", chord E~sars North 27° 20' S0" fiast, ~08,b0 feat, far an aro length c~i'A15.88 feet to a 518 inch
diameter gt~o1 reUar het fnr its paint ~1'tangsaoy~
'I'HNl~ty'i~, Nortl3 OS° A3' S3" East, a distancs of 487.73 feat to a 518 inch diar~toier stoat mbar sat
icy mark fire bGginnit~g a#' a teagnr~t ourvC to the lei;
THhNCLr, with said curve tar the llttft, hevlstg~a raditt~ of G40.Op feet, iuceriar at~gls of ~3° 45'
i 7", chord boars NVrtit 04° Q$`'4 fi" '~V'est•, 285,27 feet, i'ur an aTa length of 2~'1.f~8 fast to a SlX
' inch diameter steal rehs~r set for ity point afiattgancy;
THEA;Gfi, North 1.7° Ol' 2~" West, a disianae nf2fil.l9 €irat to a 518 inch.dia~ceter~;s4eet rebansr~t,
to mask the bngiuni~tg afa tangr~t cmva to the xigltt;
THF.NCfi, with said carve w ~tho right, with a radius of 550,00 i'eet, iaieriar angle of 43" 35' 34",
ohard baat~ Vortp OS° 46' 23" treat, 433,95 feet, for ut~ era ltng3h of AAS.52 i'eet to a X18 lnah
ciiAmeter s#eGl mbar ant ['ur its point ai'~taut$ency; .
Tl•1:£?NCE, North 28" 3A' 1 i3" East, a tlisfiance at' 168.:12 #'eet in the PO1N? [7r 13~ii`-l~(iNG,
t;'.QNTAININ'Cy within these metes and hounds & 48.91 aoros traot of land, xnoru or lass.
Exhibit A Page 2
EXHIBIT "B"
Easements or Other Encumbrances
i) Right of Way dated September 27, 1937, from Robert Poenisch to Humble Oil & Refining
Company, a Texas corporation, recorded under Clerk's File No. 120761, Volume 235, Fage 125, Deed
Records of Nueces County, Texas. A lf3rd interest in said right of way conveyed to Barnsdall Oii
Company by instrument dated November 4, 1948, recorded under Clerk's bile No. 270234, Volume
414, Page 112, Deed Records of Nueces County, Texas (Blanket easement affecting Lots 3 & 4. among
other property, Section 32);
ii} Right of Way dated July 20, 1940, from Robert Poenisch to Humble Pipe Line Company, a
corporation, recorded under Clerk's File No. 152709, Volume 260, Page 17$, Deed Records of Nueces
County, Texas (Blanket easement affecting I.ot 4, Section 32);
iii} Right of Way dated July 20, 1940, from Robert Poenisch to Humble Plpe Line Company, a
corporation, recorded under Clerk's File No. 156656, Volume 263, Page 260, Deed Records of Nueces
County, Texas (Blanket easement affecting Lot 4, Section 32);
iv) Right of Way dated May 20, 1943, from Oscar Koemel, Marianne Koemel, Daisy Bowen and
Harry Bowen to the United States of America, recorded under Clerk's File Na 187793, Volume 292,
Page 221, Deed Records of Nueces County, Texas (For railroad purposes across the northerly side of
Lots 3 & 4, among other property, Section 32);
v) Easement and Right of Way dated April 2, 1952, from Marianne Poenisch Koemel and husband,
Oscar Koemel to Central Power and Light Company, recorded under Clerk's File No. 352786, Volume
559, Page 300, Deed Records of Nueces County, Texas;
vi) Right of Way dated November 3, 1353, from Oscar Koemel and Marianne Poenisch Koemel to
Humble Pipe Line Company, a Texas corporation recorded under Clerk's File No. 389369, Volume
619, Page 359, Deed Records of Nueces County, Texas (Slartket);
vii) Right of Way dated June 20, 1955, from Oscar Koemel, et al to Humble Pipe Line Company,
recorded udder Clerk's File No. 442958, Volume 708, Page 212, Deed Records of Nueces County,
Texas;
viii) Right of Way Agreement dated November 25, ]957, from Oscar Koemel and wife, Marianne
Poenisch Koemel to Coastal Transmission Corporation, a Delaware Corporation, recorded under
Clerk's File No. 5!5329, Volume 826, Page 602, Deed Records of Nueces County, Texas. Said Right
of Way being assigned to Panenergy Texas Intrastate Pipeline Company, a Delaware corporation, by
instrument dated effective November 1, 1996, recorded under Clerk's File No. 1996044232, Official
Public Records of Nueces County, Texas;
ix) Mineral Interest Agreement dated September 1, 1958, executed by and between, Colorado Oil
and Gas Corporation, and Oscar Koemel and wife, Marianne Poenisch Koemel, recorded under Clerk's
File No. 517866, Volume 168, Page 208, Oil and Gas Records of Nueces County, Texas; together with
all rights incident to the owners and lessees of the minerals (Affects Lot 3, Section 32);
y ~
x) Right of Way dated April 30, 1959, from Oscar Koemel and Marianne Poenisch Koemel to
Coastal Transmission Corporation, a Delaware corporation, recorded under Clerk's File No. 529389,
Volume 849, Page 257, Deed Records of Nueces County, Texas (Blanket);
xi) Right of Way dated February 29, 1960, from Oscar Kveme! and Marianne Poenisch Koemel to
Arkansas FLeI Oii Corporation, a Delaware corporation, recorded under Clerk's File No. 549529,
Volume 882, Page 158, Deed Records of Nueces County, Texas (Blanket easement affecting hots 3, 4 &
ll, Section 32);
xii) ~ Reservation by Grantors of an undivided interest in and to all the oil, gas and other minerals as
set out in Deed dated August 10, 1931, from Thomas W. Warner and wife, Olive Warner to Robert
Poenisch, recorded under .Clerk's File Na. 72500, Volume 200, Page 233, Deed Records of Nueces
County, Texas; together with all rights incident to the owners and lessees of the minerals (Affects Lot 3,
Section 32);
xiii) Reservation by Grantors of all oil, gas and other minerals as set out in Deed dated March 17,
1961, from Marianne Poenisch Koemel and Oscar Koemel to Marianne Poenisch Koemel and Oscar
Koemel, Trustees, recorded under Clerk's File No. 572255, Volume 419, Page 141, Deed Records of
Nueces County, Texas; together with all rights incident to the owners and lessees of the minerals (Affects
Lots 3, 4, l 1, 12, 17 & 18, among other property, Section 32};
xiv) Reservation by Grantors of an undivided non-participating royalty interest in and tv all the oil,
gas and other minerals as set out !n Deed dated March 26, 1971, from Oscar Koemel and Marianne
Poenisch Koemel, Individually and as Trustees, w George B. Gaines, recorded under Clerk's bile No.
840113, Volume 1393, Page 105, Deed Records of Nueces County, Texas, together with all rights
incident to the owners and lessees of the minerals (Affects Lots 3, 4, 11 & l2, Section 32);
xv) Reservation by Marianne Poenisch Koemel of an undivided royalty interest of oil, gas and other
minerals as set out in Deed dated Tune 30, 1983, recorded under Clerk's File No. 326687, Volume
1875, Page 345, Deed Records of Nueces County, Texas; together with all rights incident to the owners
and lessees of the minerals (Affects Lots 17 & 18, Section 32 and other property);
xvi) Basement and Right of Way dated April $, 1971, from George G. Gaines to Central Power and
Light Company, a Texas corporation, recorded under Clerk's File No. 84737$, Volume 1399, Page
656, Deed Records of Nueces County, Texas (Blanket easement affecting Lot I2, Section 32);
xvii) Right of Way dated ~'uly 22, 1971, from George B. Gaines to Humble Pipe Line Company,
recorded under Clerk's pile Na. 855136, Volume 1405, Page 711, Deed Records of Nueces County,
Texas; amended by instrument dated August 31, 1971, recorded under Clerk's Fiie No. 858855,
Volume 1410, Page 222, Deed Records of Nueces County, Texas (Located across the northeasterly side
of Lvts 3 & 4, Section 32);
xviii) Drainage Easement dated May 31, 1984, from George B. Gaines to the City of Corpus Christi,
recorded under Clerk's File No. 381507, Volume 1922, Page 604, Deed Records of Nueces County,
Texas (Affects Lots 3, 4, 11 & 12, among other property, Section 32);
xix} Drainage Easement dated October 24, 1984, from George Gaines tv the City of Corpus Christi,
recorded under Clerk's File No. 403268, Volume 1940, Page 357, Deed Records of Nueces County,
Texas (Affects l..ot 4, Section 32);
2
xx) Affidavit Of Non-Production dated February 27, 2004, executed by George B. Gaines, Jr, to
The Public, recorded under Clerk's Flle No, 2004fl10373, Official Public Records of Nueces, County,
Texas;
xxi} Building, zoning, platting and regulatory laws andlor ordinances of any municipal andlar other
governmental authority;
xxii) Contract, Easement and Use Restriction dated September 28, 2007, executed by and between
AEl' Texas Central Company, a Texas corporation, and Hogan Development Company, L.P., recorded
under Clark's File No, 20070505$1, Official Public Records of Nueces County, Texas (Affects Tract
2);
xxiii) Exception and Reservation by Grantor of all the oil, gas and other minerals, by virtue of the
transfer of fire "surface estate only" in Deed dated April 1, 2008, frorr- The George l3. Gaines, Jr.
Family Limited Partnership, Ltd., a Texas Limited Partnership, to The Trust Far Public Land, a
nonproftt California public benefit corporation, recorded under Clerk's File No. 2008015528, Official
Public Records, Nueces County, Texas, together with all rights incident to the owners and lessees of the
trtineials; and
xxiv) All terms, conditions and stipttlations including, but not limited to construcdan of a public or
private roadway, contained in Deed dated April 1, 200$, from The George B. (lames, Jr. Family
Limited Partnership, Ltd., a Texas Limited Partnership, to The Trust For Public Land, a nonprofit
California public benefit corporation, recorded under Clerk's File No. 2008015528, Off}vial Public
Records, Nueces County, Texas, tngether with all rights incident to the owners and lessees of the
minerals.
The above and foregoing Easements or 4tlter Encumbrances nave been approved and accepted
by the present record title owner of the property pursuant to the vesting Deed, saute being Special
Warranty Deed dated April 1, 2008, executed by The George B. Gaines, Jr. Family Limited Partnership,
Ltd., a Texas Limited Partnership, to The Trust For Public Land, a nonprofit California public benefit
corporation, recorded under Clerk's File No. 2048015528, Official Public Records of Nueces County,
Texas, reference to which is here made for all pertinent purposes,
3