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HomeMy WebLinkAbout033585 ORD - 02/18/2025Ordinance annexing and rezoning land owned by Anil C. and Vandana A. Patel for the Padma Estates subdivision, a 19.2-acre tract located along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd) per owner petition; approving the related service plan; adding the annexed area to City Council District 5; and rezoning the 19.2 acres from the "FR" Farm Rural District to the "RS-22" Single - Family 22 District; providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, June 4, 2024, the landowners, Anil C. Patel and Vandana A. Patel, signed a petition requesting annexation of 19.2027 acres of land described as the west '/2 of the northeast 1/4 of Section 30, Laureles Farm Tracts (Tax ID 4250-0030-0152) for the proposed Padma Estates subdivision ("Subject Property"); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, the City Council finds 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; WHEREAS, the City Council finds 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. WHEREAS, the area being annexed has no residence and is contiguous to City Council District 5; Page 1 of 3 033585 CANNED WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the Subject Property; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. A 19.2027-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, generally along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd), is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service for the annexed area and 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. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 19.2027 acres, as described in Exhibit "A" and shown in Exhibit "B," from the "FR" Farm Rural District to the "RS-22" Single -Family 22 District. SECTION 5. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 6. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. Page 2 of 3 SECTION 7. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION 8. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. The City Manager or his designee is 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 annexed as required by law. SECTION 11. 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. SECTION 12. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 13. The boundary of the existing Single -Member Council District #5 for the City of Corpus Christi is hereby amended to add the areas annexed described by Exhibit A and illustrated in Exhibit B. SECTION 14. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Introduced and voted on the day of P •' and APPROVED on the' D ay of ` - Paulette Guajardo, Ma EFFECTIVE DATE , 2025. 025. Rebecca Huerta, City Secretary Page 3 of 3 033585 Exhibit A STATE OF TEXAS NUECES COUNTY EXHIBIT "A" 19.2027 ACRES Field Note Description for 19.2027 acres (836,467.8 square feet), out of called 20.808 acres out of the west one half (1/2) of the northeast one quarter (1/4) of Section 30, Laureles Farm Tracts, as recorded in Volume 3, Page 15, Map Records Nueces County, Texas, Official Public Records Nueces County, Texas (O.P.R.N.C.T.), the said 19.2027 acres (836,467.8 square feet), being more particularly described by metes and bounds as follows: BEGINNING at a Texas Department of Transportation (TXDOT) Monument found on the existing north Right -of -Way (R.O.W.) of Farm to Market (F.M.) 2444, (110 foot R.O.W.), as conveyed to the State of Texas in Volume 578, Page 287, Deed Records Nueces County, Texas (D.R.N.C.T.), same point being on the common boundary of the west one half (1/2) of the northeast one quarter (1/4) of the said Section 30 and the east one half (1/2) of the northeast one quarter (1/4) of the said Section 30, for the southwest corner of a called 77.577 acre tract, as conveyed to Nueces Real Estate Partnership in Document No. 2004037243, O.P.R.N.C.T., for the southeast corner and the "POINT OF BEGINNING" of the herein described 19.2027 acre tract; THENCE South 89°11'38" West, along and with the common boundary of the existing north R.O.W. of the said F.M. 2444, also known as Staples Street, and the herein described 19.2027 acres, at 90.42 feet passing a TXDOT Monument found, in all a distance of 879.73 feet to a TXDOT Monument found for the northeast corner of a called 0.809 acre tract, as conveyed to the State of Texas in Document No. 2014024608, O.P.R.N.C.T., same point being the southeast corner of a called 66.49 acres, as conveyed to Mostaghasi Investment Trust in Document No. 2023015900, O.P.R.N.C.T., for the southwest corner of the herein described 19.2027 acre tract; THENCE North 00°51'21" West, along and with the common boundary of called 66.49 acres (Mostaghasi Investment Trust tract), and the herein described 19.2027 acres, a distance of 950.48 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGINEERING", found for an internal corner of the called 66.49 acres (Mostaghasi Investments Trust tract), for the northwest corner of the herein described 19.2027 acre tract; THENCE North 89°10'04" East, along and with the common boundary of called 66.49 acres (Mostaghasi Investment Trust tract), and the herein described 19.2027 acres, a distance of 880.00 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN ENGINEERING", found on the west boundary of the called 77.577 acres (Nueces Real Estate tract), for the northeast corner of the herein described 19.2027 acre tract; THENCE South 00°50'22" East, along and with the common boundary of the called 77.577 acres (Nueces Real Estate tract) and the herein described 19.2027 acres, a distance of 950.88 feet, to the "POINT OF BEGINNING" and containing within these metes & bounds 19.2027 acres (836,467.8 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Zone 4205, NAD 83). I hereby certify that the foregoing legal description was prepared from survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey. Away Xgvier Sandoval Registered Professional Land Surveyor License No. 5886 State of Texas Exhibit B MOSTAGHASI INVESTMENT TRUST nu' FD 66.49 ACRES, DOC.NO. 2023015900, 0.P.R.N.C.T. JL • 150 300 5/8' IRF URBAN CAP MOSTAGHASI INVESTMENT TRUST CALLED 66.49 ACRES, DOC.NO. 2023015900, 0.P.R.N.C.T. N 89'i0'04liE 880.00' X� ANII,C'. d VA NRAAgA FjATEL, j CALLED 1 . ACRES 'DOC.NO,-20 (21 OO9,f}OG 5/8' IRF 'URBAN CAP 19.2027 ACRES 836,467.5 SQ. FEET NIL C 4 VANDANDA A PATEL, CALLED 18 ACRES, N' OUT OF W/2 OF NE/4, SEC. 30, DOC. NO. 3 201 2100940G, 0.P.R.N.C.T. NOTES: • GRID BEARINGS AND DISTANCES ARE REFERENCED TO DIE TINS COORDINATE SYSTEM, NAD83, SOUTH WOE 4205. • 0.P.R.N.C.T. = OFFICIAL PUBUC RECORDS NUf0E5 COUNTY, TEAS. • M.R.N.C.T. = MAP RECORDS NUKES COUNTY, TEXAS. • D.RN.C.T. = DEEO RECORDS NUECES CCUTDY TEYJS. • R = DER)TE5 FROFfTTY LIM. • IRE = IRON ROD FOUND 4TYPE. • PRO cRTYCO�AERS NOTED. • THE 9013ffCT PROPERTY HAS ACCESS TO 4 MOM A IIJSUC ROADNAY. • THERE ARE N0 V158LE ENCROACtIVENTS0ROEER1APPD;G OF IMPROVEMENTS DYCETT AS S1.OM1. • THERE MAY BE C45TIV'G 022525 4 FlPESV'E5 NOT 5HCN4N ON FLAT. USE THE TEXAS ONECALL 5151FM TO LOCATE FVELNES DEFCRE PER8DRMIIIS EXCAVATIONS 111511R0'ER1Y (HTTP/7EXA5811.ORCA. • LIME550111ERN55E NOTED, 41 EOM !AEON OF DIE ABSTRACT OF TIfIE WAS NOT PERFORMED BYTHE 51GHNIG SURVEYOR TO DETERM 1,E 11%T01 IIBTRUVE1IS, IF ANY, ARE AffEC 114 THIS P0OPERIY. • TH55URVEY B BEOIG PROVIDED 50111Y FORTHEU5E OF CURP.EITT FADES, AND CONTAINS THE CRG/IIPLSIGNATURE IN PAVE INR .110 PPRF55ED OR IMPLIED DCEVSE HAS BEEN CREATED TO COPITH15 SURVEY DUST, EXCEPT AS NECESSARY IN CONJUNCTION WTH THE OPJGNAL TRANSACTION, AND 5 UNITED TOSIX (6) M'711Df5 PROM THE DATE OF 1ll55URVEY. • ALL Pan R `SERVED0 UCCI-305, 2024. NUECES REAL ESTATE PARTNERSHIP LP, CALLED 77.577 ACRES DOC.NO. 2004037243, 0.P.R.N.C.T. 'POINT OF BEGINNING' your MON.OE OF TXDOTJAPA ._ .. 9'7 i'38 W 879.73' I,AQN, 90.42' e TXDOT l STA vl••:ga:':'. 'S{${��'' ::.:: �::.v :V'vr `: f.. R•i' :T?i.::._ .. ...:: GALLED 0.009ACRS. - (I 10' TxDOT RIGHT -OF -WA Gi —.-- -- .Ey3•- i'{--:rr�-V70 1, { Y7 113- CYi�--oJ 7 05 —_- UU ._._..® I,4 --\t Mat PROFES$C11AL VW SURVEYOR LICENSE h10, 5556, STATE CV TEXAS I, XAYIER SANDOVAL, REGISTERED PROFE55'ONAL LAND SUP,VEYOR OF TEXAS, CO HEREBY CERTIFY THAT THI5 PLAT REPRESENTS All ON THE GROUND SURVEY, PERFOR/ED UNDER MY SUPERVISION THIS THE 24TH DAY OF SEFETEMB1R, 2024. SURVEY OF 9.2027 ACRES (836,467.5 5Q. FEET), AS ' ONVEYED TO AN L C d VANDANDA A PATEL, W/2 OF NE/4, SEC. 30, DOC. NO. 2012I 00940G, 0.P.R.N.C.T. oL DE SURVEYING & MAPPING 0013 025'/2024 I APPROVED: DATE: XDs-- = '' 3 CAWW202T SER CES S^.A1F., MOAT ND: Xavier 0 5aeeov,. SURVEYOR. 2 1 0. 7 1 8. 7 1 8 9 I'= ISO 24-IG04 .20 5.e WAI?IUT VE.l. EW AV E, 30 008 0 EL5, 1 01tAU Nf ELS, TX 78130 Exhibit C MUNICIPAL SERVICE PLAN AGREEMENT FOR A 19.2027 ACRE TRACT OF LAND, OUT OF CALLED 20.808 ACRES OUT OF THE WEST ONE HALF OF THE NORTHEAST ONE QUARTER OF SECTION 30, LAURELES FARM TRACTS. This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and Anil C. Patel and Vandana A. Patel ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 19.2027 acres of land situated in Nueces County, Texas, as specifically described and attached as Exhibit A and survey in Exhibit B ("Subject Property'"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable considerations for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirernents have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: 1 Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided: After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third -party contract. Commercial garbage collection service for businesses and multi -family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi -family apartments, and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the 2 Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Unified Development Code, Utility Department Policies, and engineering standards and provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater 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 wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current 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. On -site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by 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 the City. Lighting of public roads, streets and alleyways shall be 3 maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently, there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon the dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly -Owned Facility, Building, or Service: Currently, there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court, and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. Al) other services contemplated herein will be available upon the effective date of annexation. b. Capital Improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the 4 ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, 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 density. Section 5. Vested Riqhts Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 5 Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. Section 7. Force Majeure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement, Section 11. Venue and Applicable Law. Venue for this Agreernent shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 6 Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binding Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. 7 CITY OF CORPUS CHRISTI LANDOWNER By. P er Zang City Manager By: air 1 t~ - 41 111 Anil C. Patel Date: 1 — tDate: ( I APPROVED AS TO FORM: By: :>L�i,�Lt� Buck Brice Deputy City Attorney For the City Attorney By: Vandana A. Patel Date: 8 Exhibit A STATE OF 1 EXAS NUECES COUNTY EXHIBIT "A' 19.2027 ACRES Field Note Description for 19.2027 acres (836,467.8 square feet), out of called 20.808 acres out of the west one half (1/2) of the northeast one quarter (1/4) of Section 30, Laureles Farm Tracts as recorded in Volume 3, Page 15, Map Records Nueces Courey, Texas, Offkial Public Records Nueces County, Texas (O.P.R.N.C.T.), the saki 19.2027 acres (836,467.8 square feet), being more particularly described by Truces and bounds as tubers: BEGINNING at a Texas Department of Transportation (TXDOT) Monument found on the existing north Right -of Way (R.0.W.) of Farm to Market (F.M.) 2444, (110 lout R.O.W.), as conveyed to the State of Texas in Volume 578, Page 287, deed Records Nueces county, Texas (D.R.N.C.T.), sarne point being on the common boundary of the west one WA* (1/2) of the northeast one quarter (1/4) of the said Section 30 and the east one half (1/2) of the northeast one quarter (1/4) of the said Section 30, for the southwest corner of a called 77.577 acre tract, as conveyed to Nueces Real Estate Partnership in Document No. 2004037243, O.P.R.N.C.T., for the southeast corner and the "POINT OF BEGINNING" of the herein described 19.2027 acre tract; THENCE South 89'11'38" West, along and with the common boundary of the exlstini{ north R.O.W. of the said F.M. 2444, also known as Staples Street, and the herein described 19.2027 acres, at 90.42 feet passing a IXDOT Monument found, in all a distance of 879.73 feet to a TXOOT Monument found for the northeast corner of a called 0.809 acre tract, as conveyed to the State of Texas in Document No. 2014024608, O.P.R.N.C.i., same point being the southeast corner of a called 66.49 acres, as conveyed to Mostaghasl Investment Trust in Document No. 2023015900, O.P.R.N.C.T., for the southwest corner of the herein described 19.2027 acre tract; THENCE North 00'51'21" West, along and with the common boundary of called 66.49 acres (Mostaghasl investment Trust tract), and the herein described 19.2027 acres, a distance of 950.48 feet to a 5/8 inch Iron ►ad with red plastic cap stamped "URBAN ENGINEERING", found for an internal corner of the called 66.49 acres (Mostaghasl Investments Trust tract), fur the northwest corner of the herein described 19.2027 acre tract; THENCE North 8'3 10'04" East, along and with the common boundary of called 66.49 acres (Mostaghasl Investment Trust tract), and the herein described 19.2027 acres, a distance of 880.00 feet to a 5/8 Inch iron rod with red plastic cap stamped "URBAN ENGINEERING", found on the west boundary of the called 77.577 acres (Nueces Reai Estate tract), for the northeast corner of the herein described 19.2027 acre tract; THENCE South 00'50'22" Fast, along and with the common boundary of the called 77.577 acres (Nueces Real Estate tract) gird the herein described 19.2027 acres, a distance of 950.88 feet, to the "POINT OF BEGINNING" and containing within these metes & bounds 19.2027 acres 836,467.8 square feet) of land, more or less. (All bearings are based on The Texas State Plane Coordinate System, South Zone 4205, NAD 83). I hereby certify that the fureguing legal description was prepared froin survey performed on the ground under my supervision and it correctly represents the facts found at the time of the survey. ea .d ' t)I i• `Ay4 MO. _h. ti'0r 1 s„' cr SU F.!"1 ( Xavier Sandoval '1 Registered Professional Land Surveyor ' License No. 5886 State of Texas 9 Exhibit B f- PI --; LO > [35I Lt....,i pd 15 / `� A `eN s ro -\ Aransas Pass ' ° C I a. • Sao, �. vPOrtlar qr ` Ingleside // ;,,,A , 77 �'� 1 J I ♦ t / g ��� _ l .� i ` y ` Port�ransas / \ raw '� ♦;� r `. ' _ �f / // • N. / "-----\quete—,., �' o _•` `j @Opaasr > __ ,- oCorpus Christi .Note syie // 'C / 7 •a / •�k °� 36 / d o J ;Pr \ ��s S� 358 ti at L..v Weber fed __ _ --, 358 / — — 7I Viz,, 5 361 1286, I- _ '— _ — e/ ' c L/— _ r ~ 1 J 1 / ®Annexation Site r_l City Limits ET] �/ / / / Annexation Area: 19.20 acres -, ,,/ Ordinance Number: 033585 /' Ordinance Date: 02/18/2025 0 1.5 3 6 / N.—=—� Miles 10ebere N 000pus cNR.r i W E City Of Corpus Christi ._T Nueces County Kara Sands Nueces County Clerk *VG-85-2025-2025006752* Instrument Number: 2025006752 Official Public Records NOTICE Recorded On: February 26, 2025 11:37 AM Number of Pages: 18 " Examined and Charged as Follows: " Total Recording: $84.00 _ q` STATE OF TEXAS jp% Y coUp>h Nueces County * , *ifs I hereby certify that this Instrument was filed in the File Number sequence on the date/time Q printed hereon, and was duly recorded in the Official Records of Nueces County,Texas s . r S\ % fIt `o �S Kara Sands 1 NUE6 — Nueces County Clerk G i Nueces County, TX ***********THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2025006752 CITY OF CORPUS CHRISTI Receipt Number: 20250226000057 Recorded Date/Time: February 26, 2025 11:37 AM User: Lorena G Station: CLERK04.nuecescc.local * LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT Notice of Public Hearing on AFFIDAVIT OF PUBLICATION Proposed Annexation The City of Corpus Christi Mariah Resendez City Council will hold a of Corpus Christi-Secretarypublic hearing on the annex- City rP ation of an approximate 1201 Leopard St 19.2027-acre tract of land Corpus Christi TX 78401 located along the north side of FM 2444, east of CR 43, and west of CR 41 (Gilead Rd). STATE OF WISCONSIN, COUNTY OF BROWN The public hearing will take place on Tuesday, February The Corpus Christi Caller-Times,a newspaper in the cityCity 2Cou025, during a regularrch Ppublished City Council meeting which of Corpus Christi, Nueces County, State of Texas, generally begins at 11:30 a.m. in the circulated in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, Council Chambers at Corpus Leap- Kleberg, Chr Live Oak, Nueces, Refugio,and San Patricia Counties, and Si City Hall,Corpus andpersonal knowledge of the facts herein state and that the and Street, u Christi,e 9 TX. Comment procedures notice hereto annexed was Published in said newspapers in the can be found at: issue: llttps://www.corpuschristitx, gov/department- directory/city- 01/26/2025 sec retary/public-com ment- procedures/. and that the fees charged are legal. The proposed annexation Sworn to and subscribed before on 01/26/2025 area encompasses land that is currently in the City's Extraterritorial Jurisdiction (ETJ). The ETJ promotes and protects the general health, safety, and welfare of persons residing in and adiacent to the municipali- ties. A Municipal Services Plan for the owner-petitioned ill Legal Cle onlinel prior to theyailable public hearing at: blips://www.corpuschristitx. Notary,State of WI.County of Br gov/department- S /� directory/planning_ I / ' community_/`./' development/planning/annex Mycommission expires ations/pjposed-annexations/ P For more information, contact Laura Harris at Publication Cost: $271.59 LauraH4©cctexas.com or by Tax Amount: $0.00 phone at (361) 826-1605. 1s/Rebecca Huerta Payment Cost: $271.59 City Secretary, Order No: 10969343 City of Corpus Christi, Texas #of Copies: Customer No: 1356906 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. KAITLYN FELTY Notary Public State of Wisconsin Page 1 of 1 LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION NOTICE OF PASSAGE OF ORDINANCE (S) ifCorudez City o of Corpus NO. 033585, Ordinance us Christi-Secretary 1201 Leopard St annexing and rezoning land Corpus Christi TX 78401 owned by Anil C. and Vandana A. Patel for the STATE OF WISCONSIN, COUNTY OF BROWN Padma Estates subdivision, The Corpus Christi Caller-Times, a newspaper published in the city a 1 9.2-acre tract located of Corpus Christi, Nueces County, State of Texas, generally along the north side of FM circulated in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio,and San Patricio Counties, 2444, east of CR 43, and west and personal knowledge of the facts herein state and that the of C R 41 (Gilead Rd) per notice hereto annexed was Published in said newspapers in the issue: owner petition; approving 02/24/2025 the related service plan; and that the fees charged are legal. adding the annexed area to Sworn to and subscribed before on 02/24/2025 City Council District 5; and rezoning the 19.2 acres from the "FR" Farm Rural District to the "RS-22" '—� SingleFamily 22 District; providing for a penalty not to Legal clerk exceed $2,000 and publica- Notary.State of 1,cou y of Bro t i o n. This ordinance was 1/11- �� passed and approved on Second reading by the My commission expires Corpus Christi City Council Publication Cost: $145.84 on February 18, 2025. Tax Amount: $0.00 /s/ Rebecca Huerta Payment Cost: $145.84 City Secretary Order No: 11056121 #of Copies: Customer No: 1356906 1 PO#: TI_IIS IS NOT AN INVOICE! Please do not use this form for payment remittance. VICKY FELTY Notary Public State of Wisconsin Page 1 of 1