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HomeMy WebLinkAbout033607 ORD - 03/25/2025Annexation and Zoning Case ZN8481 Texas Lone Star Abstract & Title Investments Group, LLC. (District 3). Ordinance annexing a 2.00-acre tract of land per owner petition located at the southeast 43 and CR 47; annexing the abutting 299.98 linear -foot section of CR 47; and annexing a 2,489.98 linear -foot section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.00 acres from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; and 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, on April 24, 2024, the landowner, Texas Lone Star Abstract & Title Investments Group, LLC, signed a petition requesting annexation of 2.00 acres of land out of a called 59.276 acres of land, same being a portion of the north half of the north half of Section 4, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, ("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, the City Council finds that a 2,489.98 linear -foot section (6.08 acres) of FM 43 located between the Subject Property's eastern boundary and the western boundary of London Pirate Road is contiguous and runs parallel to the municipality's boundaries, and is contiguous to the Subject Property being annexed by landowner petition; WHEREAS, written notice has been sent to the Texas Department of Transportation for annexation of a section of FM 43 pursuant to Texas Local Government Code §43.1056; WHEREAS, pursuant to Texas Local Government Code §43.106, the City Council finds that a 299.98 linear -foot section (0.27 acres) of CR 47 abuts the Subject Property and the City must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road; 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 Page 1 of 4 033607 SCANNED 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 Subject Property 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 upon annexation of FM 43; 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 3; 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. An 8.35-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, 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 Page 2 of 4 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 2.00 acres, as described in Exhibit "D" and shown in Exhibit "E," from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial 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. 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 #3 for the City of Corpus Christi is hereby amended to add the areas annexed as shown in Exhibit A. Page 3 of 4 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. In • - . ed and voted on the I (tday of U'^i\(CAn , 2025. ASSET and APPRO -, on the )51Nay of V'1\0.10/\ , 2025. Paulette Guajardo, Mayor EFFECTIVE DATE Reiecca Huerta, City Secretary Page 4 of 4 033 607 Texas Geo Tech LAND SURVEYING, INC. EXHIBIT "A" 8.35 ACRE TRACT Being a total of 8.35-acre tract of land, made up of a 2.00-acre tract deeded to TEXAS LONE STAR ABSTRACT & TITLE INSVESTMENTS GROUP, LLC., recorded in Document number 2024002109 of the Official Public Records of Nueces County, Texas and 6.08- acre tract of the Portion of Farm to Market Road 43, and a 0.27-acre tract of the Portion of County Rood 47, all in Nueces County, Texas. and being more particularly described as follows; BEGINNING at a 5/8inch iron rod found for the northwest corner of Block 1, Lot 1 of the KENSINGTON GARDENS ADDITION, a plat recorded in Volume 68, Pages 774-775 of the Map Records Nueces County, Texas, said 5/8inch iron rod being an interior corner of this tract; THENCE N 89° 03' 09" E a distance of 816.93 feet to a 5/8inch iron rod found for the northeast corner of Block 2, Lot 1 of said KENSINGTON GARDENS ADDITION, and being an interior corner of this tract; THENCE N 00° 47' 22" W a distance of 15.61 feet to a point for a point on the south right of way of Farm to Market Road 43, said point being a corner of this tract; THENCE N 89° 14' 14" E with the south right of way line of said Farm to Market Road 43, a distance of 804.94 feet to the west right-of-way line of County Road 47, and being an interior corner of this tract; THENCE 5 00° 47' 43" E a distance of 299.96 feet with the west right-of-way line of said County Road 47, and being a corner of this tract; THENCE N 89° 12' 14" E with the south line of said 2.00-acre tract, a distance of 330.00 feet to a 5/8inch iron rod found for the southeast corner of said 2.00-acre tract, same being the southeast corner of this tract; THENCE N 00° 47' 43" W a distance of 400.65 feet to a point on the north right of way line of said Farm to Market Road 43, and being the northeast corner of this tract; THENCE 5 89° 11' 53" W with the north right of way line of said Farm to Market Road 43 a distance of 2489.98 feet to a 5/8inch iron rod found for the southeast corner of a called 3.00-acre tract deeded to London IND School District, recorded in volume 2170-Page 841 of the Deed Records of Nueces County, Texas, said 5/8inch iron rod being the northwest corner of this tract; THENCE 5 20° 28' 20" W a distance of 106.44 feet to a point on the south right of way line of said Farm to Market Road 43, same being the southwest corner of this tract; THENCE N 89° 14' 08" E with the south right of way line of said Farm to Market Road 43, a distance of 576.73 feet to point for a corner of this tract; THENCE 5 00° 47' 22" E a distance of 18.226 feet POINT OF BEGINNING and containing 8.35- acre tract of land, more or less. This,field notes description constitutes a legal document unless it appears in its entirely, in its original fr•orn, seal and signature: surveyor assumes no responsibility or liability a distance of its correctness. It is strongly y recommended, a distance of the continuity of future surveys, that this document be incorporate in all future conveyances, without any revisions or deletions. April 24, 2024. April 24. 2024 240204.doc rrel L. Moore Register Professional Land Surveyor License Number 4854 EXHIBTT "B" CALLED 3.00 A0. GALLED 200 AG LDWC411N0 SC11001 PST 2494 MINTY RO 33 MOUE 2170-PACE 641 SER15 A PARTICULAR O.RNC.T. SEReS OF WOO LLC C. 6 2G10013729 576.73' 0P.RILGT. 7140 5 - LIT. IND s69'11'S3'W --0 s , uL_ -- n+a n un vi�sll`,74 W BER ROD 520'28'20'W i_-� _ — ��'i' —. ♦ .""- r`�`=.�8.3 105.44' / �� —_.._ =T 16 _ `ET RD. 43`nm 6/e' IRa — - 0 0"—Np 6' LR "'L—ETm 5/6 re SA' 1n`N8974�04 E N5B0309 E 815. S 06, 5/6 ul. 576.73 KENSWOTON GARDENS. 6EMg0T0N DLROENS. Mr L9▪ - BLOCK 1, LOT 1 Bt0IX 2. 101 7 VCILLIE 69. PAGES V0314E 64 PAGES 774-773 774-775 LLRALGT. I134.11.0.T. EN0 S/8" Lk is CALLED 1.13 AC. ROM DAD OUOOIOST Doe 201330025654 0.PF.N.0.T. COED 197.50 AC. PITY HAWK DEVELOPMENT LTD Oae / 2011024100 0.PA.LGT. NUM L2 LOT 2 NOXRT ESTATES 6OLUDE 64 PACE 624 ARHGT. BEARING 5 5'47'22'E N 0'47'22'17, DISTANCE 18.22' 15.61' L JARREL L MOORE, A REGSTERED PROFESSIONAL LAID SURVEYOR, DO HEREBY CERI*Y THAT TO THE BEST OF ITV KNOWLEDGE, THIS PLAT RE- PRESENTS AN ACTUAL SURVEY LODE ON THE GROUND UNDER BY SUPERVL510N AND SUBSTANTIALLY CONPUES WITH THE IEBIMUM STANDARDS FOR LSD SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS. .or- CORE PROFE590NAL LAND SURVEYOR SE No. 4654 JA4tEl L POOfE 110 5/9' IA GRAPHIC SCALE 200' 0 200' 400' CALLED 2560 AC. 111.06M PM BOOB. HOST REV 000 12n23009555 40.RA 0.T. 600' Scale: 1' = 200' feet CALL00 69.90 AG ITE 00N PROPER LLC D. 1 2021016989 DP.R.NGT. 2489.98' Acres SURVEY OF: Being a total of 6.35 acre tract o/ land, made up of a 2.00 acre tract deeded la TEXAS LONE STAR ABSTRACT t 1171E INS'ESIYU0TS GROUP, LLC., recorded In number 2024002109 of the Official Public Document udk Records of Names County, Texas and 6.08 acre Uact of the Portion of Farm to Market Rand 43, al In Races County, Texas. CO TX LeaPr Y-- Eta sLia BD 5/9' la DO T TEAM LORE STAR 38. S,PRACI 4 R£ HS TEFGUP ILC` 1 'W... 330. LOT 1, BDGK1 10NB0N 0LLAGE 0.P.RRGT. REUAR..ER Cr WEBER/CROSSTOTAI HGNWAY PRCPERTSS. LLC. 00CR 2010044683 DATLC.T. P081101/ OF N/2 DE 71/2. 5EC110N 4 *AURAL. PARR TRACTS . 5/8' 16. LOT 2, BOCK UCIDW VILLAGE LOT 3. BLOCK 1 UM. MACE OPA.N0.T. ALL BEARINGS AND DISTANCE REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1953, TEXAS SOUIH ZONE. TEXAS GEO TECH LAND SURVEYING, INC ease sours ammm=D, Bmz 6-s corp. ITVYU, TX 7e411 (set) s05-OBW Tex (6B) cps -spell Insclasugeotecb.com TITLE NOTE: This survey was done without the benefit of a title commitment, thus not all easements or setbacks are shown, If any. DATE: 01/09/2025 DRAWN: EF SCA EL 1' 200' JOB NUMBER: 240204 APPROVED: J111 SURVEY: JlRBP EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City") and Texas Lone Star Abstract & Title Investments Group, LLC. ("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 2.00 acres of land situated in Nueces County, Texas, as specifically described in Metes and Bounds attached as Exhibit A and map 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 consideration 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 requirements have boon 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: 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 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 2 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 treatmentplant 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 Code, Corpus Christi Unified Development Code, and Utility Department Policies and Engineering Standards; 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 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. 3 (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 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. All 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 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. 4 (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 Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. 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. 5 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 Agreement 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. 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 6 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. CITY OF CORPUS CHRISTI er-zanon r, City Manager Date: F bIr vol 24), APPROVED AS TO FORM: By: Buck Brice Deputy City Attorney for the City Attorney LANDOWNER By: / Michael Neuman, Owner & Sole Member Texas Lone .Star Abstract & Title Investments Group, LLC Date: a- 4' ? ..196025'" 7 EXHIBIT A METES AND BOUNDS LA?'I[) SLI VEYING, INC. ENH][131T "A„ Ileum a 3.00-acre (56,953 Olt Square Feel) tract of land out of a called 59.216 acres of land simile being a portion of the :NORTH HALF (N!') OF THE NORTH H:AL.F (N 2) (NORTH QUARTER) OF SECTION TOUR (-I). L.-At'KL•LES FAR.II TRACTS, ;l map of which is recorded w Volume 3. Page 1> Nlap Records yueces County, Texas. and being more parlrcul ilv described by Metes and Bounds is follows BLGINNI\G at a 5 8-inch non tod found on the east right-of-n•ay lwe of County Road 47, for the soulhwesl corner of this tract: THE'iC'[: A 01)' 47 •13 tiA° - nnth the east right-of-way line of said County Road d 7 a distance of 299 96 feet to a 5,1t-inch iron iod set on the south right-of-way line of (aunty Road -11, al>o known as Weber Road suiio beima the northwest cornet of this trait V 39' 1' t-1 F - with the south nrohl-of tray lino of•said County Road -l3 alio known a, Weber Road a dtstanee of I90 00 feet to a 5,1-arch non rod set for the northeast corner of tins tract, THL N(. L_ S 00, 41 7' .f3" Ei - _'99.96 feel to a 5 8-itch iron rod set for the southeast corner of this tart. THEN( E: S tt''` 12 14 11' - 29000 feel to the PO17. t 01 MA:INNING containing 200 actes of land, more or less o.,e, ! .h;r-1 1. �yb,. •, n 4e�in,r�, sslurnl Lena do %1e74rr .';rT, t r,t; ro l.:a b.'cr Of •ur,, ;o,t '.ti,',• !;n nee_. �,s ati uclnai st.r1 of ,o z,/o e>ri thus Qr< r _ d ut,h'; nn srrpe>n rsievr ru�J u.h: t<»thli/r e,,':; );es hi ... n''rue,c ram.iq.'<is Serlintc'J.! the l'o,•r S,:u:?olP',0css+onni LaR Land srr�rlui<< .avri,,js(Pte.rl!s'aPt.0; 0 )f) r }0S3 '''r$ 'nlr:rt li'i:t' erpr 17r'o 1,7::010,1 fir it! (00),iPiti(4`,f O-r, 3.,r October 12. 20,:3 2310') tloc fr t (s 5 �r • 'r1 t1 it n'el L. \boric F3`. ' y� P ,i-,re, Protesso:ma] Land +urv: or 7 License Ntiruber -lSS-I 8 EXHIBIT B SUBJECT PROPERTY MAP 9 4. 411BIT "H" SEPTIfic•N sl 1; • I 1:20Ay 2 C".) Atte: 864F411,(1+1 1;.1.4t 210 cd /1.10.1)11` L I H H , • 7 E 11 5 I LA ‘,I.E r• 7 4.1 L • — !-;l_IN VEY Or: Roth; A :oi MrE (rif Pol. ME FEED cr .;57 if A (AUL) ".4 2?4, "Att fElId: A :WII r THE •0T4 WU- t.5ii?1 4. TTIE or:ittH Ear :I1/4 (WAN r.l.44E0 er 5i011,.1 Roo A I.44‘. AH5E 44 40.1144 E°. ! Apo: ocEE,./71, 11 NO'I MIE c,,v41r.424T m41411,E. oi r„D Cf* HAAN.: EFfEAPE n.TE !NO LtiLE) fTEos , AoO (Iir EFTEct .1 pill @7.A."17Er 41 OMER lo•E LE 4114. THI", I EL I, •E •-E I TE E FE 11.1.1T, THE rE.,r t,F .o I tichtE _ E. /LAT gE- kt..#,L v‘CE .0‘o. o,,E, 4,sw q, A•4.I 1.I.114.; Anti 7HE t4,4.0,4., Fc.c, L4.0 1.11E545 A.5 5E4. 1TH CIrThE TE'41 5:r '5.cfC51.,.1. 5,4'•E'so' 3), - El 1 E I): AAL LAI.,1 ALL OD,' ANt ELIA, E rut, I. ILL' 7r 4sTE 1.4,E 47,07E . r ".. • ITH C;1-:,() I LAND SIJI•IVFYINCI, INC (AA', Cf1;711Z1cP17,1 $7;"71;11—....so 1..A.rt:17.4,4.44 OA7E IW17/2177 Fr ..".CALE ". 50' 111C,'hi A.I.e,..ED Y•Er 9 EXHIBIT D Texas Geo Te01 LAND SURVEYING, INC. Being a 2.00-acre (86,988.08 Square Feet) tract of land out of a called 59.276 acres of land, same being a portion of the NORTH HALF (N/2) OF THE NORTH HALF (N/2) (NORTH QUARTER) OF SECTION FOUR (4), LAURELES FARM TRACTS, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, and being more particularly described by Metes and Bounds as follows; BEGINNING at a 5/8-inch iron rod found on the east right-of-way line of County Road 47, for the southwest corner of this tract; THENCE: N 00° 47' 43" W — with the east right-of-way line of said County Road 47, a distance of 299.96 feet to a 5/8-inch iron rod set on the south right-of-way line of County Road 43, also known as Weber Road, same being the northwest corner of this tract; THENCE: N 89° 12' 14" E — with the south right-of-way line of said County Road 43, also known as Weber Road, a distance of 290.00 feet to a 5/8-inch iron rod set for the northeast corner of this tract; THENCE: S 00° 47' 43" E — 299.96 feet to a 5/8-inch iron rod set for the southeast corner of this tract; THENCE: S 89° 12' 14" W — 290.00 feet to the POINT OF BEGINNING containing 2.00 acres of land, more or less. I, Jarrel L. Moore, a Registered Professional Land Surveyor, do here by certfb, that to the best of my knowledge, this plat represents an actual survey made on the ground under my supervision and substantially complies with the minimum standards set forth by the Texas Board of Professional Land Surveying. Bearings and distances are NAD 1983. Texas South Zone and are based on grid coordinates. October 12, 2023. October 12, 2023 231008.doc el L. Moore Register Professional Land Surveyor License Number 4854 EXTIIBIT E (0 (0 (O (0 0) SET I n I n I CO I ct N8912'14"E S89'12'14"W of jl 71I 1 WEBER ROAD COUNTY ROAD 43 2.00 Acres. 86988.08 Sq.ft. LOT 1, BLOCKI LONDON VILLAGE 0.P.R.N.C.T. SURVEY OF: BEING A 2.00 ACRE (86,988.08 SQUARE FEET) TRACT OF LAND OUT OF A CALLED 59.276 ACRES OF LAND, SAME BEING A PORTION OF THE NORTH HALF (N/2) OF THE NORTH HALF (N/2) (NORTH QUARTER) OF SECTION FOUR (4), LAURELES FARM TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS, NUECES COUNTY, TEXAS. 290.00' SE! 5/8- I.R. SET 5/8" I.R. 290.00' REMAINDER OF WEBER/CROSSTOWN HIGHWAY PROPERTIES, LLC. DOCK: 2010044483 D.R.N.C.T. PORTION OF N/2 OF N/2, SECTION 4 LAURALES FARM TRACTS 1.3 (0 (0 0) N LOT 2, BLOCK 1 LONOON VILLA: 0.P.R.N.C.T. SCALE: 1" = 50 TITLE NOTE: ACCORDING TO THE TITLE COMMITMENT PROVIDED BY NUECES TITLE COMPANY, GF#: 23-145—CC, HAVING AN EFFECTIVE DATE OF: OCTOBER 04, 2023, AND HAVING AN ISSUED DATE OF: OCTOBER 09, 2023, ITEMS: ITEMS: 10. o., b„ c. AND f. (NO EFFECT) ITEMS 10. d. AND e. (BLANKET) ALL OTHER ARE OUTSIDE OF THE PURVIEW OF THIS SURVEY I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYORS. JiAF [I . VOC:P1 J MOORE R• RED PROFESSIONAL LAND SURVEYOR LIC SE No. 4854 ALL BEARINGS AND DISTANCE REFER TO THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, TEXAS SOUTH ZONE. TEXAS GEO TECH LAND SURVEYING, INC 6525 SOUTH STAPLES, SUITE H-2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 www.texasgeotech.com DATE: 10/12/2023 DRAWN: ET SCALE: 1" = 50' APPROVED: JLM JOB NUMBER: 231008 SURVEY: JT*BP cii N / 23ft g-, Fie • —>> —\ \Aransas P '' '— a ���� l I r Pordan�, ,Ingleside / FM 43 ' IN 77 \N.'" — — - �. _1 ,_ I - ' y \ ` l , t — — — it —T /ti r — I �� ti 1 4• \ j 5YIe iq — 4, '..•own Li �Aa`ast y \/`�'^��'' Corpus Christi Nor1 o / / 1--- G_ .Y ;, / / / / / / , N ° 36 / ,„cl\ d \` D O t J / �� Annexa E 0 n — /%/ s% 1358 c / / NI / C wee / 358; / / �y O` �J C / p�� 361 286 '-- e / / / / / / / / / L, I Annexation Site r—i City Limits ETJ . / / / Annexation Area: 8.35 acres / J Ordinance Number: 033607 Ordinance Date: 03/25/2025 0 1.5 3 6 =�M�IIIIIIIIIII Miles Klebera N ,,col w E cy As City Of Corpus Christi ° T . m. i_ y/ Nueces County Kara Sands Nueces County Clerk *VG-57-2025-2025011849* Instrument Number: 2025011849 Official Public Records CERTIFIED COPY Recorded On: April 03, 2025 01:57 PM Number of Pages: 20 " Examined and Charged as Follows: " Total Recording: $92.00 � STATE OF TEXAS TY co Nueces County f* *g, I hereby certify that this Instrument was filed in the File Number sequence on the date/time j printed hereon, and was duly recorded in the Official Records of Nueces County,Texas ,,r��4 °F N�ti��S�I' Kara Sands Nueces County Clerk *PAD-- ckit•GL--) 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: 2025011849 CITY OF CORPUS CHRISTI Receipt Number: 20250403000113 P O BOX 9277 Recorded Date/Time: April 03, 2025 01:57 PM User: Paula G CORPUS CHRISTI TX 78469-9277 Station: CLERK01 . ',y. Lo cal i Q Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION NOTICE ING O O PUBLICHEAR TO CONSIDER RE-ZONING _DEFAULT APPLICATION(S) IN THE Accounts Payable CITY OF CORPUS CHRISTI City of Corpus Christi-Secretary Notice is hereby given that the Corpus Christi City Coun- PO Box 9277 cil will conduct a public Corpus Christi TX 78401 hearing on March 18, 2025, during a regular Council meeting which commences STATE OF WISCONSIN, COUNTY OF BROWN Ct 11: 0 a.m. ty the Council Chambbers, City Hall, 1201 Leopard Street, to consider The Corpus Christi Caller-Times, a newspaper published in the city the following zoning applica- of Corpus Christi, Nueces County, State of Texas, generally tion(s) which are on file in circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Department of Development Kleberg,Live Oak, Nueces, Refugio, and San Patricia Counties, Services. At said time & and personal knowledge of the facts herein state and that the place of hearing, persons notice hereto annexed was Published in said newspapers in the partiesinterestedmay appear before the City Coun- issue: cil: Case No. ZN8474, Braselton 03/02/2025 Development Company, Ltd (District 3, Upon Annexa- and that the fees charged are legal. tion). Ordinance rezoning a Sworn to and subscribed before on 03/02/2025 property at or near CR-33, and FM-43 from the "FR" Farm Rural District (Upon Annexation) to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to • exceed $2,000 and publication /17M// e////)(1(176, Case No. Zstrac t TexasT Lone Star Abstract & Title Investments Group, LLC. Legal Clerk ` attt1,0 (OCL) (District 3, upon annexation). Ordinance rezoning a property at or Notary, State o ,Xntof rown U near CR 47 and FM 43 from the "FR" Farm Rural �� District (upon annexation) to the "CN-1" Neighborhood My commission expires Commercial District; provid- ing for a penalty not to exceed $2,000 and publica- Publication Cost: $251.47 tion. Tax Amount: $0.00 Is! Rebecca Huerta Payment Cost: $251.47 City Secretary Order No: 11077103 #of Copies: Customer No: 1356906 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. VICKY FELTY Notary Public State of Wisconsin I=' Page 1 of 1 • LocaliQ Texas/New Mexico PO Box 631667 Cincinnati, OH 45263-1667 GANNETT AFFIDAVIT OF PUBLICATION Notice of Public Hearing on Voluntary Annexation The City of Corpus Christi DEFAULT City Council will hold a Accounts Payable public hearing on the annex- City of Corpus Christi-Secretary ation of a two-acre tract of PO Box 9277 land owned by Texas Lone Christi TX 78401 Star Abstract & Title Invest- Corpus ments Group, LLC, located at the southeast corner of Farm-to-Market (FM) 43 and STATE OF WISCONSIN, COUNTY OF BROWN County Road (CR) 47 (the "Property"); annexation of The Corpus Christi Caller-Times, a newspaper published in the city an approximately 300 linear- of Corpus Christi, Nueces County, State of Texas, generally foot section of CR 47 right of circulated in Aransas,Bee, Brooks, Duval,Jim Hogg, Jim Wells, we abutting the Property's Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, wes tern boundary; and annexation of an approxi- and personal knowledge of the facts herein state and that the mately 2,490 linear-foot notice hereto annexed was Published in said newspapers in the section of FM 43 right-of-way issue: located between the Prop- erty's eastern boundary and 03/02/2025 London Pirate Road. The public hearing will take and that the fees charged are legal. place on Tuesday, March 18, Sworn to and subscribed before on 03/02/2025 2025, during a regular City Council meeting which begins at 11:30 a.m. in the Council Chambers at Corpus Christi City Hall, 1201 Leop- ard Street, Corpus Christi, TX. All interested persons are invited to attend and participate in said hearing. Legal Clerk The proposed annexation area encompasses land that is currently in the City's Notary. Sta e of WI.County of Brown Extraterritorial Jurisdiction (ETJ). The ETJ promotes and protects the general health, safety, and welfare of M commission expires persons residing in and adia- Y P cent to the municipalities. For more information, call Publication Cost: $241.41 (361) 826-1605. Tax Amount: $0.00 Is! Rebecca Huerta Payment Cost: $241.41 City Secretary Order No: 11077139 #of Copies: Customer No: 1356906 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. VICKY FELTY Notary Public State of Wisconsin Page 1 of 1 * LocaliQ Texas/New Mexico PO Box 631667 Cincinnati,OH 45263-1667 GANNETT OF AFFIDAVIT OF PUBLICATION NOTICE ORDINANCEA(S)E OF NO. 033606, Annexation and Mariah Resendez Zoning Case ZN8474 ATTN:Accounts Payable Braselton Development Company, Ltd. (District 3). City of Corpus Christi-Secretary Ordinance annexing a 63.239- Po Box 9277 acre tract of land located Corpus Christi TX 78469-9277 along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek per owner STATE OF WISCONSIN, COUNTY OF BROWN petition; approving the related service plan; adding The Corpus Christi Caller-Times, a newspaper published in the city the annexed area to City of Corpus Christi, Nueces County, State of Texas, generallyCouncn Dstrict 3; and P rezoning from the "FR" circulated in Aransas, Bee, Brooks, Duval,Jim Hogg, Jim Wells, Farm Rural District to the Kleberg, Live Oak, Nueces, Refugio,and San Patricio Counties, "RS4.5" Single-Family 4.5 and personal knowledge of the facts herein state and that the District; providing for a notice hereto annexed was Published in said newspapers in the penaltypublicnot to exceed $2,000 and publication issue: NO. 033607, Annexation and Zoning Case ZN8481 Texas 03/31/2025 Lone Star Abstract & Title Investments Group, LLC. and that the fees charged are legal. (District 3). Ordinance annexing a 2.00-acre of Sworn to and subscribed before on 03/31/2025 owtract land per owner petition located at the southeast corner of FM 43 and CR 47; annexing the abutting 299.98 linear-foot section of CR 47; and annexing a 2,489.98 linear-foot section of FM 43; approving the related service plan; adding the annexed Legal Clerk area to City Council District g 3; rezoning the 2.00 acres from the "FR" Farm Rural District to the "CN-1" Notary, e of WI, ounty of r n Neighborhood Commercial District; and providing for a lq.. penalty not to exceed $2,000 and publication. These My commission expires ordinances were passed and approved on Second reading by the Corpus Christi City Publication Cost: $261.53 Council on March 25, 2025. Tax Amount: $0.00 /s/ Rebecca Huerta Payment Cost: $261.53 City Secretary Order No: 11170103 #of Copies: Customer No: 1356906 1 PO#: "Ills IS NO1' \\ ItiVOILI.! Please do not use this form for payment remittance. 4 VICKY FELTY Notary Public State of Wisconsin Page 1 of 1