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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 S-1 (11'(21 lO.) N1.111', .10o It 77, MI: I {1\P 11 Isliv.1 v'N .11 PI LS SA MV.IS11.1.imS 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: 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. 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. 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 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. 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. 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 8 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