HomeMy WebLinkAbout033854 ORD - 02/10/2026Ordinance annexing a 109.109-acre tract of land located along the
south side of FM 2444 (Staples St), east of CR 43 (Chuck Cazales
Blvd.), and west of CR 41 (Gilead Rd.) upon petition by the landowner
ZBK, LLC, for the development of a single-family subdivision;
approving the related service plan; adding the annexed area to City
Council District 5; and rezoning 53.211 acres of the annexed area from
the "FR" Farm Rural District to the "RS-22" Single -Family 22 District
and establishing the "FR" Farm Rural District on the remaining
acreage; 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, April 28, 2025, the landowners, ZBK, LLC, signed a petition
requesting annexation of 109.109 acres out of the south half of Section 30 and the north
half of Section 33 of the Laureles Farm Tracts (Tax ID 4250-0030-1012) for the proposed
single-family 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 residents and is contiguous to City
Council District 5;
033854
SCANNED Pagel of 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. A 109.109-acre tract of land described by metes and bounds in Exhibit A and
illustrated in Exhibit B, generally along the south side of FM 2444, east of CR 43 (Chuck
Cazales Blvd.), 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 53.211 acres,
as described in Exhibit "D" and shown in Exhibit "E," from the "FR" Farm Rural District
to the "RS-22" Single -Family 22 District and the remaining acreage of the subject property
will be zoned "FR" Farm Rural 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 as shown in Exhibit A.
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 a1 day of 710•M,O _ , 2026.
PASSED and APPROVED on the 1-6day of
A
Paulette Guajardo, M
EFFECTIVE DATE
, 2026.
Rdbecca Huert , City Secretary
03385i
Page 3of3
EXHIBIT A
STATE OF TEXAS
COUNTY OF NUECES
Field notes of a 109.109 acre tract being out of a 157.00 acre tract described in a deed recorded
in Document No. 2012025925, Official Records Nueces County, Texas. Said 109.109 acre tract
being out of the north half of Section 33 and the south half of Section 30, "Laureles Farm Tracts"
as shown on the plat recorded in Volume 3, Page 15, Map Records Nueces County, Texas.
Said 109.109 acre tract being more particularly described as follows:
COMMENCING at the intersection of the south right of way of South Staples Street, (A.K.A.
Farm to Market 2444), and the center of County Road 41, for the northeast corner of the Mr. W
Fireworks Inc. 2.58 acre tract described in a deed recorded in Document No. 2019021302,
Official Records Nueces County, Texas, THENCE with the common line of the south right of
way of South Staples Street and said 2.58 acre tract, South 89° 11' 11" West, a distance of 881.79
feet to a 5/8" re -bar set in the south right of way of South Staples Street, in the north line of said
157.00 acre tract, for the upper northeast corner of this survey and for the POINT of
BEGINNING.
THENCE across said 157.00 acre tract, and with an inside line of this survey, South 44°11'09"
West, a distance of 21.21 feet to a 5/8" re -bar set for an inside corner of this survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, South 00°48'S1"
East, a distance of 735.00 feet to a 5/8" re -bar set for an inside corner of this survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 89°11'09"
East, a distance of 897.07 feet to a 5/8" re -bar set in the east line of said 157.00 acre tract, in the
center of County Road 41, in the west line of the Kitty Hawk Development, LTD 298.06 acre
tract described in a deed recorded in 2011026100, Official Records Nueces County, Texas, and
this survey and for the lower northeast corner of this survey.
THENCE with the common line of the center of County Road 41, said 298.06 acre tract, said
157.00 acre tract, and this survey, South 00°50'08" East, a distance of 4128.06 feet to a 5/8" re -
bar set as an offset in the west line of said 298.06 acre tract, and for the southeast corner of this
survey, from WHENCE a found concrete monument in the common line of Sections 32 and 33,
of said "Laureles Farm Tracts", in the intersection of the centers of County Road 18 and County
Road 41, for the northeast corner of the El Casaga LTD. 320 acre tract described in a deed
recorded in Document No. 2000027265, Official Records Nueces County, Texas, and for the
southeast corner of said 157.00 acre tract, bears South 00°50'08" East, a distance of 352.11 feet.
THENCE across said 157.00 acre tract and with the south line of this survey, North 49°30'O1"
West, a distance of 1765.66 feet to a 5/8" re -bar set in the east line of a 136.139 acre tract
surveyed October 8, 2019 by Brister Surveying, in the west line of said 157.00 acre tract, and for
the southwest corner of this survey, from WHENCE a 5/8" re -bar found in the north line of said
320 acre tract, for the southwest corner of said 157.00 acre tract, for the southeast corner of said
136.139 acre tract, bears South 00°50'07" East, a distance of 1517.58 feet.
Page 1 of 2
EXHIBIT A
THENCE with the common line of said 136.139 acre tract, said 157.00 acre tract, and this
survey, North 00°50'07" West, a distance of 2962.40 feet to a 5/8" re -bar set in the common line
of said 157.00 acre tract and said 136.139 acre tract, and for the lower northwest corner of this
survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 89°11'09"
East, a distance of 358.66 feet to a 5/8" re -bar set for an inside corner of this survey. .
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 00°48'51"
West, a distance of 735.00 feet to a 5/8" re -bar set for an inside corner of this survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 45°49'24"
West, a distance of 21.22 feet to a 5/8" re -bar set in the north line of said 157.00 acre tract, in the
south right of way of South Staples Street, and for the upper northwest corner of this survey,
from WHENCE a bent iron rod found in the south right of way of South Staples Street, and for
the common north corner of said 157.00 acre tract and said 136.139 acre tract, bears South
89°12'32" West, a distance of 344.54 feet.
THENCE with the common line of the south right of way of South Staples Street, said 157.00
acre tract, and this survey, North 89°11' 11" East, a distance of 100.01 feet to the POINT of
BEGINNING of this survey, and containing 109.109 acres of land, more or less.
Notes:
1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum.
2.) A Map of equal date accompanies this Metes and Bounds description.
3.) Set 5/8" re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying.
I, Ronald E. Brister do hereby certify that this survey of the property legally described herein
was made on the ground this day April 11, 2022 and is correct to the best of my knowledge and
belief.
7WonaO7f.'.2yi.dtt,.
Ronald E. Brister, RPLS No. 5407
Date: April 11, 2022.
Job No. 220606
Page 2 of 2
EXHIBIT B
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EXHIBIT C
MUNICIPAL SERVICE PLAN AGREEMENT
FOR A 109.109 ACRE TRACT OF LAND, OUT OF THE NORTH HALF OF SECTION
33 AND THE SOUTH HALF 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 ZBK, 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 109.109 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 requirements 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:
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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
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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. 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
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 Rights Claims.
This Agreement is not a permit for the purposes of Texas Local Government Code
Chapter 245.
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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 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.
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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.
CITY OF CORPUS CHRISTI LANDOWNER
By: By:
Peter Zanoni, Amir Zarghooni, Vice President
City Manager ZBK, LLC
Date: Date:
APPROVED AS TO FORM:
By:
Buck Brice
Deputy City Attorney
For the City Attorney
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L-./XI IIL1I 1 rA.
STATE OF TEXAS
COUNTY OF NUECES
Field notes of a 109.109 acre tract being out of a 157.00 acre tract described in a deed recorded
in Document No. 2012025925, Official Records Nueces County, Texas. Said 109.109 acre tract
being out of the north half of Section 33 and the south half of Section 30, "Laureles Farm Tracts"
as shown on the plat recorded in Volume 3, Page 15, Map Records Nueces County, Texas.
Said 109.109 acre tract being more particularly described as follows:
COMMENCING at the intersection of the south right of way of South Staples Street, (A.K.A.
Farm to Market 2444), and the center of County Road 41, for the northeast corner of the Mr. W
Fireworks Inc. 2.58 acre tract described in a deed recorded in Document No. 2019021302,
Official Records Nueces County, Texas, THENCE with the common line of the south right of
way of South Staples Street and said 2.58 acre tract, South 89°11' 11" West, a distance of 881.79
feet to a 5/8" re -bar set in the south right of way of South Staples Street, in the north line of said
157.00 acre tract, for the upper northeast corner of this survey and for the POINT of
BEGINNING.
THENCE across said 157.00 acre tract, and with an inside line of this survey, South 44°11'09"
West, a distance of 21.21 feet to a 5/8" re -bar set for an inside corner of this survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, South 00°48'51"
East, a distance of 735.00 feet to a 5/8" re -bar set for an inside corner of this survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 89°11'09"
East, a distance of 897.07 feet to a 5/8" re -bar set in the east line of said 157.00 acre tract, in the
center of County Road 41, in the west line of the Kitty Hawk Development, LTD 298.06 acre
tract described in a deed recorded in 2011026100, Official Records Nueces County, Texas, and
this survey and for the lower northeast corner of this survey.
THENCE with the common line of the center of County Road 41, said 298.06 acre tract, said
157.00 acre tract, and this survey, South 00°50'08" East, a distance of 4128.06 feet to a 5/8" re -
bar set as an offset in the west line of said 298.06 acre tract, and for the southeast corner of this
survey, from WHENCE a found concrete monument in the common line of Sections 32 and 33,
of said "Laureles Farm Tracts", in the intersection of the centers of County Road 18 and County
Road 41, for the northeast corner of the El Casaga LTD. 320 acre tract described in a deed
recorded in Document No. 2000027265, Official Records Nueces County, Texas, and for the
southeast corner of said 157.00 acre tract, bears South 00°50'08" East, a distance of 352.11 feet.
THENCE across said 157.00 acre tract and with the south line of this survey, North 49°30'O1"
West, a distance of 1765.66 feet to a 5/8" re -bar set in the east line of a 136.139 acre tract
surveyed October 8, 2019 by Brister Surveying, in the west line of said 157.00 acre tract, and for
the southwest corner of this survey, from WHENCE a 5/8" re -bar found in the north line of said
320 acre tract, for the southwest corner of said 157.00 acre tract, for the southeast corner of said
136.139 acre tract, bears South 00°50'07" East, a distance of 1517.58 feet.
L/V I1LJ1 I
THENCE with the common line of said 136.139 acre tract, said 157.00 acre tract, and this
survey, North 00°50'07" West, a distance of 2962.40 feet to a 5/8" re -bar set in the common line
of said 157.00 acre tract and said 136.139 acre tract, and for the lower northwest corner of this
survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 89° 11'09"
East, a distance of 358.66 feet to a 5/8" re -bar set for an inside corner of this survey. .
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 00°48'51"
West, a distance of 735.00 feet to a 5/8" re -bar set for an inside corner of this survey.
THENCE across said 157.00 acre tract, and with an inside line of this survey, North 45°49'24"
West, a distance of 21.22 feet to a 5/8" re -bar set in the north line of said 157.00 acre tract, in the
south right of way of South Staples Street, and for the upper northwest corner of this survey,
from WHENCE a bent iron rod found in the south right of way of South Staples Street, and for
the common north corner of said 157.00 acre tract and said 136.139 acre tract, bears South
89°12'32" West, a distance of 344.54 feet.
THENCE with the common line of the south right of way of South Staples Street, said 157.00
acre tract, and this survey, North 89°11' 11" East, a distance of 100.01 feet to the POINT of
BEGINNING of this survey, and containing 109.109 acres of land, more or less.
Notes:
1.) Bearings are based on Global Positioning System NAD 83 (93) 4205 Datum.
2.) A Map of equal date accompanies this Metes and Bounds description.
3.) Set 5/8" re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying.
I, Ronald E. Brister do hereby certify that this survey of the property legally described herein
was made on the ground this day April 11, 2022 and is correct to the best of my knowledge and
belief.
,,vnaar;
Ronald E. Brister, RPLS No. 5407
Date: April 11, 2022.
Job No. 220606
EXHIBIT B:
-1;11
40,
°•?..
Ittrt: .i3Y1V1,2 01 1.91V.4 V 'A V',
1 'V11I1 Ll.f11)1,;
r
=
A
EXHIBIT D
EXHIBIT
STATF 01' TEXAS
COUNTY OF NUECES
Field 'oral of an 53.2 t aou IMO Or kiwi Mim 0414. 4-If a 10,169 sere tract orind. Fold 009.009 citract
also out orthe Smith (Ake half of Section 30 and the North one hal rofSt rj; attic latmeleri
traCh as, reevoiled iot Volume1 Page 1 of di Map itomils or Nuetes Comity. Texas, and as dos,- -diva
in a warranty deed with etallot's livot From Mmic 1 ratte4A%. Warm)" rt,Va Marie 1', Mraney,.
and as inileN 11CACV4110f of the st54ate or Michael Theodore Mearrq., IlevvamNi and ao5 loistcv of the
teStainentary trusts created under the img will Wild leAttiiiatt rMiehael theodowMea, OCCilaied: Mary
Cabaud MeAlity. RYA11,11 .101114 Jos4pli J, Money,. and hilizabelli Anne Malley, as
trit.dee of the Therew Marie Meancy Tnna. to 7_11.K., 1.1„4. LS recorded lirkief Doonnent No. 21.12203 tSiSS
of the Official Public Reeords of NUOLVS: Gouty, -Naas. Said 51,211 acte react of Lind being inioe
itotticulatly di.scrilvd hy IWOiid biNitkdr,* fol s:
CONiNWNCINAli .111 5,11.8 inch iron rod set at the interst.-Alion of the L-Dlieflille NileCOS County kotol 40
and the writhelly right of way lime of raton to, Mattel llighway 2444, said tudo4 twitting South Oh 54r MY'
Eam along dart evriocfline of Noto4.-rs1 minty Rotta 41 and the 1:411111111111 boundary line biltiketfl 1.1WiiIhinte
half of Sgetion 30 and South otte hatiof Sc.etiou 31 or the I...Ando rum `rums, as itt corded 41 Nit:quote 3,
Page 15 of the Map Furthi orNireces County. leNas„. a dioance iif65„14f1 feet from the intersoetioto of fire
centolint o'Ar Nitta to Minket Flighwie,,' 24,44 and the eentetliue of Ntreces (aimy Road 41, and being ihe
PCH NT OF COM M F. NC E M ENT;
fierictith r 0.011" Fast al:Amp the centerline of' NeN COMMY ROA 4 I Bad comnion kiubr
,;.L. 4). ,CLOit .-1U1.1 4,111C haft of Section 31 or OW laird0 Fit011 'Trav4N
line hett5m4 like South Oit Pir -41
distanecif734,9$ fed. lon 5.41 inch diameter nun d 1-0411141 rbiNow hartheikm -corm Lif itith trhei thid the
erjj FlEti INNINU;
Thence Southo 5W(t4" 1,..tost alkaag the centerline or Nueces County Road 41 and the common boundary
'kW 1VOA,Veti 41:w SOpfli na halrof Section 341 und South one half of Se -dim 51 orgbi, Lfittfeti,Firni Tit
distpoce of 1 r) feet to a 5,113 iawh &moo Iri,n kyi hr the sottiltvaq corner Of tract;
Skinth Str(Kr 5 West„ at 50.00 fed pi g a 513 inch trotrd wt in the frame Ntwes County
Road 41 westerly right of way licit% in all ih Lif 100.00 Fed to a 518 inLh iron rod iet for mu interior
1/41Ntict of this IMIL
-1111;,NCI'f, Notih. ofr West a dimance of 79. 7 feet a 5.1 ineh icon rod s4.1 rot ton hueriot c(stricr of
this tract
Inr.Ncii South $9t 1 hlWest distance or17675 feet to a 54 inch iron brtg w't for OH iiiNti44 C`OftWr
Of thi4 tiger;
Page 1 or 3
THENCE South U 50' 07- East a dis 5)13 inch irill rod set ror an interior L7orner of
this Ind;
TI I ENCE, Smith 139 12' 25" West a diSi311Ce Or 249.00 Feet to a 51'S inch inm rod set in the eorn mon weAerl,ty
boutaltaty of 1101, imt wad eagerly lioandary- Of 7&468 acre tract described in a warranty deed with
vertdor's.Iu frets Cypress Point Capital. Elk to Fogirtlabba Fmartaisc 1,1,C tio:oratid under liocument
No. 201003 L077 ofthe '( Alicia] Public Records or Nueces County, TeNas-, for the ,Seili111WC$1 nrofdii
.0f
Ink;
fee
IENC1', North SO' 07- West along the common westerly boundary of this trail arid easterly Im)undar),
of a 74,41:5 41crc trim described in w1InIILy deed with vendor's rpm Cypress Paint Capital, TLC to
Four Babba EI1topriw, 1,1,C LIS UN:00M raakivr Docurncra No, 2016031077 of dic Official! Public Records
of N taxes County, Texas, i distancc of 1 762_06 feet to a 5.18 inch irrifil r1 10111141. 10114 1110f111W011 torntg
of this inlet;
T1 ILNCE North Zicr I l1110- East aging di' northerly boatalary of this tract a distance ot35&& Fee
inth iron not loand for an inictior corricr of thiK
THENCE No01110'48' 33" WeSi 41 distance of 735.00 feet to a 51 inch iron iod roraudibr an interior corner
of ihis trat7t;
THENCE North 45" 51" 39" '631,est- a disianoe (112E24 fed to, a 5.elt inch iron, rod follinl in the, sciiiher
right or lipic of Carol to, Niarkat I tighvoy 2444 for LI030(ior Not of this. twi;
THENCE North itir Ili' 55" East along the southerly- right of way line of Farm tlarho *way 2444 a
distance of 100.00 fixt IL 518. inch iron tod found for iextcrior corricr or this -h-riev.
11 I li.NCE: Smolt 44' 1 2' 1 2- Wcz..t disionc4,-, L22
FC2 1 u inch IfOrl rud 101111.d fOr ntrkr eOmer
of this tract
&Arth 51". Kast distanev, or 735 .CI() fcet to a 518 inch iron rod fou . • for rn interior eOrrter•
Of Ihi s truce
1-1 IENcF North go, Hy .IW' F4rs1 1rn1p, tho northerly boundary' of this 1ni.I al 47.07 feet passing a 518
inch iron rod set in the future westerly right of way line (if Nitiaxs (,:tainly Road all, in41 distalwaif
891.07 feet to the 11.1 flit POINT OF BEGINNING, aibd containing $3.21 I acres of land, mom or Icss.
Page 2 or 3
Not4 k;
lleiiri,i, , :arc bawd n Global Positioning Stem N.AI) 83 Zone 4205 Muni
2mart of4 ual datppiik s this Metes and Bounds description_
1, Fred C. Haydctr,.Jr,. dc, Itcrehy xttlify tlt t this survey ate p perty legally sk iriib d htn ire 44a5 MIMIC
0n the .grind this __ Q+r day of ' ' se.1 �' , 7, 25, mil I,, correo to the best of my
rkok ledge and belief,
Fred 'L_', I i;ty'dcn. h ., 101,S %` 'a i, 4486
6
Page -3of3
Tame
no FR
EXHIBIT E
S O 09 Uz BECnw •
N33 U1E 1/2 SEC➢CN
3
3N 3/2E 1SECTION
3SE
S 1 SECRON
03R
JOB NO. 220402
SHEET 1 OF 2
SCALD 1'=500'
DATE, 09-30-2025
DRN. BY RG
CHK. BY FH
F.M. 2444 S. STAPLES 41,) 01
q
• 0DM MO,
laa
1a11'0,1 36140'• •
Liar
T SE
E
N I/O minx:
33 UUNE
1124
MIT
2 66.46 AC4F3
OUT EX'
109190 AVM
1/2 Qy11W 30
111111 1 rAW RA411
933
QT ,•
110NEY, E1/L
PART OF 43311 IL•
CUT09161 AC
TRACT CUT OF 3 1/2
�/S/2ODtli 30
V410 6M110421S
N3 N1/2 ESEC110N
3
S 1/2 SECTION
33 UNE
M
Q•
EOM' EXIST. ROM.
6011
„z.
zr
P.O9,
To AR II
1E4E0' PATIENT
0004950540
OP/11MT.I
302'
on
7•X3
€ " L4 31/p
{WEi SECTOR
N(R4E
I/2 SECTION
32
E0M' PROP. MY.
EOM' EXIST. RAM.
30A]' STREET DEDICATION
Ps
N 1ECTION
32/2 ES
S i SECTION
32 NE
EX-IBIT B-1
SKETCH TO ACCOMPANY METES
AND BOUNDS DESCRIPTION
SCALE:1 "=500'
LINE
BEAM%
DISTANCE
N0B'10'3TE
3C400
12
NLS593f11/
2124
04612'32 4
2122
l4
509'00'521/
gio0
L5
N%7003E
0050
L6
50005004E
352.24
L7
589.1045E
5000'
L8
30709'S21/
2501Xr
TRACT 11 2.068 ACRES CENTRAL POKER
AND LIGHT CO. GARDENS SUBSTATION SITE
DOC / 950542 0.P.R.N.C.T.
1JZACT 2. 0.230 CROWN COMMUNICATION,
INC. TOWER SITE
DOC 1 2006051944 0.P.R.N.C.T.
IBACT 3: 0.050 ACRE CROWN
COMMUNICATION, INC. 20.00 FOOT ACCESS
EASEMENT DOC / 2008051944 0.P,R.N.C.T,
5/8 NCH R
SET AT ALL
CORD UNLESS
NOTED OTFERWME
ayden
urveying, Inc.
5866 S. STAPLES, SUITE 315
CORPUS CHRISTI, TEXAS 78413
PH. 361-7281-7188, FAX, 361-991-9034