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HomeMy WebLinkAbout033884 ORD - 03/17/2026Ordinance annexing a 1.00-acre tract of land located along the southside of FM 43, east of CR 47 and west of SH 286 per petition by the landowner, BRBG Investments, LLC; approving the related service plan; adding the annexed area to City Council District 3; seeking removal of annexed territory from Emergency Services District; rezoning the 1.00 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 November 13, 2025, the landowner, BRBG Investments, LLC, signed a petition requesting annexation of 1.00 acres of land out of a 143.20-acre tract being out of the north half of the north quarter (1/4) 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, 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 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; 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; WHERAS, per Texas Health and Safety Code §775.022, the City of Corpus Christi is capable at the time of the removal of being the sole provider of emergency services to the 38Ks4 SCANNED of 3 territory by the use of municipal personnel or by some method other than by use of the district, and therefore shall send written notice of those facts, and the completed service plan, if applicable, to the board not later than the 30th day after annexation to allow the Emergency Services District Board to resolve to disannex the territory from the district; WHEREAS, the area being annexed has no residences 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; and 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 1.00-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 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 1.00 acres, as described in Exhibit "A" and shown in Exhibit "B," 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 Page 2 of 3 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 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 annexed territory as required by law and seek removal of the annexed territory from the Emergency Services District. 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 Exhibits A and B. SECTION 14. Publication shall be made in the official publication of th Christi as required by the City Charter of the City of Corpus Christi. Introduced and voted on the ? day of F. , 2026. P :.. nd APPROVED on the '1 day of , 2026. ATT Paulette Guajardo, M Gity of Lorpus EFFECTIVE DATE a = uerta, C Secretary 033 884 j Page 3 of 3 EXHIBIT A STATE OF TEXAS COUNTY OF NUECES Field notes of a 1,000 acre tract being out of a 143.20 acre tract described in a deed recorded in Document No. 2010044483, Official Public Records Nueces County, Texas. Said 1.000 acre tract also being out of the north quarter (1/4) of Section 4, "Laureles Farm Tracts", as shown on a map recorded in Volume 3, Page 15, Map Records Nueces County, Texas. Said 1.000 acre tract being more particularly described as follows: BEGINNING at a 5/8" re -bar found in the north line of Lot 6, Block 1, "London Village", as shown on a map recorded in Volume 68, Pages 545 - 546, Map Records Nueces County, Texas, for the southwest corner of a 2.00 acre tract described in a deed recorded in Document No. 2023015166, Official Records Nueces County, Texas, and for the southeast corner of this survey, from WHENCE a 5/8" re -bar found in the west right of way of Salevan Drive and for the common east comer of Lots 7 & 8 of said "London Village" bears North 89° 11' 36" East, a distance of 310.20 feet. THENCE with the common line of said Lots 5 and 6, Block 1, of said "London Village" and this survey, South 89° 1 1' 36" West, a distance of 145.07 feet to a 5/8" re -bar set in the north line of said Lot 5 and for the southwest corner of this survey. THENCE North 00 48' 24" West, at a distance of 250.32 feet pass a 5/8" re -bar set for the southwest corner of a 30' x 50' shared access easement surveyed this day by Brister Surveying, and in all a total distance of 300.32 feet to a 5/8" re -bar set in the common line of said 143,20 acre tract and the south right of way of Fann to Market 43, for the northwest comer of said shared access easement, and for the northwest comer of this survey, from WHENCE the intersection of the south right of way of Farm to Market 43 and the east right of way of County Road 47 and the northwest corer of said 143.20 acre tract bears South 89° 12' 55" West, a distance of 1,028.96 feet. THENCE with the common line of the south right of way of Fenn to Market 43, said 143,20 acre tract and this survey, North 89° 12' 55" East, a distance of 145.07 feet to a 5/8" re -bar found for the northwest corner of said 2.00 acre tract and for the northeast corner of this survey. THENCE with the common line of said 2.00 acre tract and this survey, South 00° 48' 24" East, a distance of 300.26 feet to the POINT of BEGINNING of this tract, and containing 1.000 acre 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 = re -bar set with yellow plastic cap labeled Brister Surveying. 1, Ronald E. Brister do hereby certify that this survey of the property legally described herein was made on the ground this day September 23, 2025 and is correct to the best of my knowledge and belief. anaa2 f . rut - Ronald E. Brister, RPLS No. 5407 Date: September 25, 2025 tki RONALD E 8Rt®TER ..� 5407 8URV Job No. 251434-1 EXHIBIT B SURVEY OF A 1.000 ACRE TRACT BEING OUT OF A 143.20 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 2010044483, OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS. SAID 1.000 ACRE TRACT ALSO BEING OUT OF THE NORTH QUARTER (1/4) OF SECTION 4, "LAURELES FARM TRACTS", AS SHOWN ON THE MAP RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS NUECES COUNTY, TEXAS. ASPIIALT DRIVEWAY APPROACH N89° 12' 44"E (DEED) 1 r N89° 12' 55"E 145,07' (MEAS) INTERSECHON OF SOUTH R O.W. OF FM 43 & BAST R.O.W,OFCR47AND THE NORTHWEST CORNER OF SAID 143.20 ACRE TRACT BEARS S5:1' 12' SS W I n18 40 30' X 50' SHARED ACCESS EASEMENT SURVEYED THIS DAY BY BRISTER SURVEYING REMAINDER OF 143.20 ACRES (OWNER: WEBER CROSSTOWN HIGHWAY PROP. LLC) DOC. NO. 2010044483 O.P,R,N.C.T. m A i7 FARM TO MARKET 43 RIGHT OF WAY VARIES 1.000 ACRE 43,563 S.F. _pA14I:L `4R1550ICASG' PANEL'4A155CN5150' EDGE OF PAVEMENT SCALE 1" = 50' APPROXIMATE FLOOD PANEL LOCATION FENCE 1.7' OUTSIDE PROPERTY LINE— \\ = WOOD FENCE LOTS, BLOCK 1, 0 = SET 5/8" RE -BAR LONDON VILLAGE ,O = FOUND 5/8" RE -BAR VOL, 68, PGS, 545 -546, S89° 11' 36'W 145.07' (MEAS) LOT 6, BLOCK 1, LONDON VILLAGE VOL, 68, POS. 545 - 546, M,R.N.C.T. 2.00 ACRES (OWNER: GULF COAST FEDERAL CREDIT UNION) DOC. NO. 2023015166 O.R.N.C.T. FOUND 5/S' RE -BAR 1N WEST RO.W. OFSALBVAN DR. & FOR COMMON BAST CORNER OF LOTS 7&8REARS NEA'II'3BE O so 70'(31020' DEBD/PLATA' P.O.B, FENCE 2.3' OUTSIDE PROPERTY LINE THIS SURVEY HAS BEEN PERFORMED WITHOUTTHE BENEFIT OFATITLE COMMITMENT. Brister Surveying S+IK In WRY Ont. rho l'l,T<..• 78111 Off36I-$'0.I, I Fat MIR:41Na B0"en°rveIi"gi,.t qnu.., en•n, Fhm Regf."mLm NA IIm!eo EYORAPHICPLOTIN00NLY,THIS PROPERTY IS LOCATEDWIT111N ZONE X AS DEFINED BY TIIE FEDERAI. P AP/KUM:CY MANAGEMENT MAPS. COMMUNITY PANELS 4815SC 0505 0 & 0515 G DATED OCTOBER 13, 2022 AND QIS RI IS NOT LOCATED IN A DESIGNATED 100 YEAR FLOOD ZONE !• • SURVEY DATE SEPTEMBBR 25,2025 JOB NO. 251434-1 NOTES 1.) TOPALSUAVEVEOARRA 15 I tool ACRE. 2.) MEASURED BEARINGS ARE BASED ON [MORAL POSITIONING S1 STEM NADSI pUJ41(6 DATUM. 2.) SETS/5' RR•EAR = STEEL MBAR SET WITH YELLOW PLASTIC CAP LAEDLBO REISIER SURVEYING. 4.) A MATES AND BOUNDS DESCRIPTION OFEQUAL DATEACC MPANIBSTHIS SURVEY, THIS SURVEY D0E5 NOT INCLUDE TIIBRESEARCH, 1NVES110A'DON, OR LOCATIONS OPALL SERVITUDES, HAMMEN IS, RIOHT OF WAYS, OR UIIU IES ON THIS PROPURTY, 1, RONALD B.ER0, ER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEQAILY DEM RIEED HERRIN WAS MADE ON THE GROUND THIS DAY SEPTPLIQPR2I, ASS AND IS CORRNCTTO THE EIL5TOP MY KNOWLEDGE AND DEUEP, !anacce_+ RONALDE.DEISPER R.P.LS. NO.5407. EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT FOR 1.0 ACRE OUT OF 143.20 ACRES AND OUT OF THE NORTH QUARTER OF SECTION 4, LAURELES FARM TRACTS. This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"'), and BRBG Investments, 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 1.0 acre 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: 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_Maieure, 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 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. 7 CITY OF CORPUS CHRISTI LANDOWNER By: ti By. Peter Zanoni, City Manager Ros nna Whidden, Manager BRB Investments, LLC Date: &kru lo'4134Date: Ot %S VA APPROVED AS TO FORM: By: Buck Brice Deputy City Attorney For the City Attorney 8 rieia notes of a i.uuu acre tract being out of a 143.20 acre tract described in a deed recorded in Document No. 2010044483, Official Public Records Nueces County, Texas. Said 1.000 acre tract also being out of the north quarter (1/4) of Section 4, "Laureles Farm Tracts", as shown on a map recorded in Volume 3, Page 15, Map Records Nueces County, Texas. Said 1.000 acre tract being more particularly described as follows: BEGINNING at a 5/8" re -bar found in the north line of Lot 6, Block 1, "London Village", as shown on a map recorded in Volume 68, Pages 545 - 546, Map Records Nueces County, Texas, for the southwest corner of a 2.00 acre tract described in a deed recorded in Document No. 2023015166, Official Records Nueces County, Texas, and for the southeast corner of this survey, from WHENCE a 5/8" re -bar found in the west right of way of Salevan Drive and for the common east corlrer of Lots 7 & 8 of said "London Village" bears North 89° 11' 36" East, a distance of 310.20 feet. THENCE with the connnon line of said Lots 5 and 6, Block 1, of said "London Village" and this survey, South 89° 11' 36" West, a distance of 145.07 feet to a 5/8" re -bar set in the north line of said Lot 5 and for the southwest comer of this survey. THENCE North 00° 48' 24" West, at a distance of 250.32 feet pass a 5/8" re -bar set for the southwest corner of a 30' x 50' shared access easement surveyed this day by Brister Surveying, and in all a total distance of 300.32 feet to a 5/8" re -bar set in the common line of said 143.20 acre tract and the south right of way of Farm to Market 43, for the northwest corner of said shared access easement, and for the northwest corner of this survey, from WHENCE the intersection of the south right of way of Farm to Market 43 and the east right of way of County Road 47 and the northwest corner of said 143.20 acre tract bears South 89° 12' 55" West, a distance of 1,028.96 feet. THENCE with the common line of the south right of way of Fann to Market 43, said 143.20 acre tract and this survey, North 89° 12' 55" East, a distance of 145.07 feet to a 5/8" re -bar found for the northwest corner of said 2.00 acre tract and for the northeast corner of this survey. THENCE with the common line of said 2.00 acre tract and this survey, South 00° 48' 24" East, a distance of 300.26 feet to the POINT of BEGINNING of this tract, and containing 1.000 acre 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 = 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 September 23, 2025 and is correct to the best of my knowledge and belief. cynaac e. eyua&,. Ronald E. Brister, RPLS No. 5407 Date: September 25, 2025 RONALD E ERISTER ..................... ...t..• 00 1pQ 5407 ,,,. 0:**44 SHOWN ON THE MAP RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS NUECES COUNTY,'1'EXAS. • INTERSECTION OF SOUTH R.O.W. OF FM 43 & EAST R.O.W. OF CR 47 AND THE NORTHWEST CORNER OF SAID 143.20 ACRE TRACT BEARS S89' 12' 55'W 1,02896' FARM TO MARKET 43 ASPHALT RIGHT OF WAY VARIES DRIVEWAY APPROACH T 30' X 50' SHARED ACCESS EASEMENT SURVEYED THIS DAY BY BRISTER SURVEYING REMAINDER OF 143.20 ACRES (OWNER: WEBER CROSSTOWN HIGHWAY PROP. LLC) DOC. NO. 2010044483 O.P.R.N.C.T. EDGE OF PAVEMENT N89° 12' 44"E (DEED) N89° 12' 55'E 145.07' '(MEAS) 0 2 NOO° 48' 24"W 300.32' 0 1.000 ACRE 43,563 S.F. PANEL "48355C0505G" APPROXIMATE FLOOD PANEL "48355CU515G" PANEL LOCATION FENCE 1.7' OUTSIDE I PROPERTY LINE .. .. \. \\ \. S89° 11' 36"W 145.07' (MEAS) \\ = WOOD FENCE LOT 5, BLOCK 1, O = SET 5/8" RE -BAR LONDON VILLAGE Q = FOUND 5/8" RE -BAR VOL. 68, PGS. 545 - 546, M.R.N.C.T. LOT 6, BLOCK 1, LONDON VILLAGE VOL. 68, PGS. 545 - 546, M.R.N.C.T. SCALE 1" = 50' 2.00 ACRES (OWNER: GULF COAST FEDERAL CREDIT UNION) DOC. NO. 2023015166 O.R.N.C.T. FOUND 5/8" RE -BAR IN WEST R.O.W. OFSALEVAN DR. & FOR COMMON EAST CORNER OF LOTS 7 & 8 BEARS N89' 11' 36"E 31020' (31020' DEED/PLAT P.O.B. FENCE 2.3' OUTSIDE PROPERTY LINE THIS SURVEY HAS BEEN PERFORMED WITHOUT THE BENEFIT OF A ITI'LE COMMITMENT. Brister Surveying 55M Cain Drive Corpus Clulsri, Texas 78411 Off 361.850.1800 Fax 361-850-1802 Brisrcrsurveying torprmisK r0.,n1 Firm Regist,adun No. 10072StKJ BY GRAPHIC PLOTTING ONLY, THIS PROPERTY IS LOCATED WITHIN ZONE X AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT MAPS. COMMUNITY PANELS 48355C 0505 G & 0515 G DATED OCTOBER 13, 2022 AND 0 IS CO IS NOT LOCATED IN A DESIGNATED NOTES: 1.) TOTAL SURVEYED AREA 1S L000 ACRE. 2.) MEASURED BEARINGS ARE BASED ON GLOBAL POSITIONING SYSTEM NAD 83 (93) 4205 DATUM. 3.) SET 5/8° RE•EAR = STEEL RE BAR SET WITH YELLOW PLASTIC CAP LABELED BRISTER SURVEY I INC. 4.) A METES AND BOUNDS DESCRIPTION OF EQUAL DATE ACCOMPANIES THIS SURVEY. THIS SURVEY DOES NOT INCLUDE THE RESEARCH, INVESIIGATION, OR LOCATIONS OF ALL SERVITUDES, EASFM EN"IS, RIGHT OF WAYS, OR UTILITIES ON THIS PROPERTY. I, RONALD E. BR ISTER DO HEREBY CERTIFY THAT THIS SURVEY OF THE PROPERTY LEGALLY DESCRIBED HEREIN WAS MADE ON THE GROUND THIS DAY SEPTEMBER23,2025 AND ISCORRECTTO THE BEST OF MY KNOWLEDGE AND BELIEF. L Rancho Banquete Odem 0 • �r.r ^, t▪ .r- \ �- ..f l 1- "�v 1.h. .cc '4, i21 ems_• " 7 \ - . A �• 1 r •a Aransas Pass ' i ff I 1 ^ •.1 Portlard - �t r 3Ingleside / / ` -- �" . / 1 / / / Port'Aransas i_ — ter' / / ��_. r — t / / Robscown L,N. • i.;�' oCorpus Christi • Annexation Site - L L / n 9:. _ J / / 4 - _ J'_ • .. City Limits ® Annexation Site Annexation Area: 1.00 acre Ordinance Number: 033884 Ordinance Date: 03/17/2026 1 4. / / / / i 361] / / / / / A 36/ y / 0 / / / / 2.5 5 15" 10 Miles City of Corpus Christi Nueces County Kara Sands Nueces County Clerk *VG-85-2026 2026010312* Instrument Number: 2026010312 Official Public Records NOTICE Recorded On: March 25, 2026 03:20 PM Number of Pages: 18 " Examined and Charged as Follows: " Total Recording: $84.00 STATE OF TEXAS Nueces County I hereby certify that this Instrument was filed in the File Number sequence on the date/time printed hereon, and was duly recorded in the Official Records of Nueces County, Texas Kara Sands Nueces County Clerk Nueces County, TX AilAa- 5.41,,,,,L) *********** 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: Document Number: Receipt Number: Recorded Date/Time: User: Station: 2026010312 20260325000103 March 25, 2026 03:20 PM Lorena G CLERK04. n uecescc.local Record and Return To: CITY OF CORPUS CHRISTI SECRETARY • USA TODAY CO® LocaliQ AFFIDAVIT OF PUBLICATION Mariah Resendez City of Corpus Christi - Secretary 1201 Leopard St Corpus Christi TX 78401 STATE OF WISCONSIN, COUNTY OF BROWN The Corpus Christi Caller -Times, a newspaper published in the city of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 02/08/2026 and that the fees charged are legal. Sworn to and subscribed before on 02/08/2026 My commission expires Publication Cost: Tax Amount: Payment Cost: Order No: Customer No: PO #: $276.62 $0.00 5276.62 12064086 1356906 MTG Feb 24 '.Cl{IS IS NO'l' AN INVOICE! Please do not use this form for payment remittance. # of Copies: 1 VICKY FELTY Notary Public State of Wisconsin PO Box 631667 Cincinnati, OH 45263-1667 Notice of Public Hearing on Proposed Annexation The City of Corpus Christi City Council will hold a public hearing on the annexation of a 1.0-acre tract of land located along the south side of FM 43, cast of CR 47, and west of SH 286. The public hearing will take place on Tuesday, February 24, 2026, 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. Comment procedures can be found at: https://www.corpuschristitx .gov department- directory/city_ ecretarylpublic-comment- procedures/. The proposed annexation area encompasses land that is currently in the City's Extraterritorial Jurisdiction (ETJ). The ETJ promotes and protects the general health, safety, and welfare of persons residing in and adjacent to the municipali- ties. A Municipal Services Plan for the owner -peti- tioned parcel will be avail- able online prior to the public hearing at: https://www.corpuschristitx ,gov/de partment- directorylplanning- community_ development/planning anne xations/pjposed- annexations/ For more information, contact Laura Harris at LauraH4@corpuschristitx.or g, or by phone at (361) 826- 1605. /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas Ee SCANNED Page 1 of 1 USA TODAY CO. PO Box 631667 Cincinnati, OH 45263-1667 41/4 LocaliQ AFFIDAVIT OF PUBLICATION Mariah Resendez City of Corpus Christi - Secretary 1201 Leopard St Corpus Christi TX 78401 STATE OF WISCONSIN, COUNTY OF BROWN The Corpus Christi Caller -Times, a newspaper published in the city of Corpus Christi, Nueces County, State of Texas, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio Counties, and personal knowledge of the facts herein state and that the notice hereto annexed was Published in said newspapers in the issue: 02/08/2026 and that the fees charged are legal. Sworn to and subscribed before on 02/08/2026 Notary, State of WI, County o My commission expires Publication Cost: Tax Amount: Payment Cost: Order No: Customer No: PO #: $236.38 $0.00 $236.38 12064110 1356906 # of Copies: 1 Zoning ZN8771,ZN9067 THIS IS NOT AN 1NVOICE! Please do not use this form for payment remittance. i VICKY FELTY Notary Public State of Wisconsin i {I NOTICE OF PUBLIC HEAR- ING TO CONSIDER RE -ZONING APPLICATION(S) IN THE CITY OF CORPUS CHRISTI Notice is hereby given that the Corpus Christi City Council will conduct a public hearing on February 24, 2026, during a regular Council meeting which commences at 11:30 a.m. in the Council Chambers, City Hall, 1201 Leopard Street, to consider the following zoning application(s) which are on file in Department of Development Services. At said time & place of hearing, persons & parties interested may appear before the City Council: Case No. . ZN8771, Jason Luby (District 2). Ordinance rezoning a property at or near 2409 Viola Avenue from the "RS-6" Single Family 6 District; to the "CG-1" General Commercial District, providing for a penalty not to exceed $2,000 and publi- cation. Case No. ZN9067, BRBG Investments, LLC. (OCL) (District 5, Upon Annexa- tion). Ordinance rezoning a property at or near 1001 FM (Farm -to -Market) 43 from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; provid- ing for a penalty not to exceed $2,000 and publica- tion. /s/ Rebecca Huerta City Secretary SCANNED Page 1 of 1 USA TODAY CO. PO Box 631667 Cincinnati, OH 45263-1667 ti. LocaliQ AFFIDAVIT OF PUBLICATION NOTICE OF PASSAGE OF ORDINANCE(S) MariahResendez NO. 033884, Ordinance ., City of Corpus Christi-Secretary 1201 Leopard St annexing a 1 .00-acre tract Corpus Christi TX78401 of land located along the southside of FM 43, east of STATE OF WISCONSIN,COUNTY OF BROWN CR 47 and west of SH 286 The Corpus Christi Caller-Times,a newspaper published in the city per petition by t h e of Corpus Christi, Nueces County, State of Texas,generally landowner, B R B G Invest- circulated in Aransas,Bee, Brooks, Duval,Jim Hogg,Jim Wells, Kleberg,Live Oak, Nueces, Refugio,and San Patricio Counties, me n t s, L L C; approving t h e and personal knowledge of the facts herein state and that the related service plan; adding notice hereto annexed was Published in said newspapers in the the annexed area to City issue: Council District 3; seeking 03/23/2026 removal of annexed territory and that the fees charged are legal. from Emergency Services Sworn to and subscribed before on 03/23/2026 District; rezoning the 1 .00 acres from the "FR" Farm Rural District to the "CN-1 " Neighborhood Commercial District; and providing for a 1. gal r t% penalty not to exceed $2,000 and publication. This Notary,State o I.County f'B own ordinance was passed a n d Ict.uf approved on second reading My commission expires by the Corpus Christi City Council on March 17, 2026. Publication Cost: $145.84 Tax Amount: $0.00 /s/ Rebecca Huerta Payment Cost: $145.84 City Secretary Order No: 12180862 #of Copies: Customer No: 1356906 1 PO#: ORD NO.033884 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