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Home My WebLink About026083 RES - 12/21/2004 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A MANAGEMENT AGREEMENT WITH THE COASTAL BEND BAYS AND ESTUARIES PROGRAM, INC. FOR MANAGEMENT OF PROPERTY IN CONNECTION WITH THE RINCON BAYOU DIVERSION PIPELINE PROJECT (#8416). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an Management Agreement with the Coastal Bend Bays and Estuaries Program, Inc. for management of property in connection with the Rincon Bayou Diversion Pipeline Project (#8416). A copy of the Agreement is attached as Exhibit A. ATTEST: ~4- Armando Chapa City Secretary THE CITY OF CORP~ ~A.__~ / Samuel L. eal, Jr. ' Mayor APPROVED: j),'<'a'~"_ It, ,2004. By: M !J--~/ Josep~arney , Assistant City Attorney For City Attorney Resol-CBBEP2 n:?()O~:l 2 Corpus Christi, Texas -)/'i U ' ,<1--\ ) of -'. '; (Q..~~'-'0\... ,2004 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney (~X- 1Lf- ~ CV;J" I.u-,yc 1.l.A~ ' {.JJ<'-.WI~ ('1 'f ( ~.A 1'''~ Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Resol-CBBEP2 02(;0 :).l MANAGEMENT AGREEMENT This Management Agreement is entered into by and between the City of Corpus Christi, Texas ("City") and the Coastal Bend Bays & Estuaries Program, Inc. CCBBEP"). Recitals NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating entities (the "Parties"), agree as follows: (a) Purpose, This Agreement allows the CBBEP to manage property owned by the City in the Nueces River Delta, described on the attached Exhibits A, B, C, D, E, and F. (b) Scope of Services. The services to be performed by the CBBEP are outlined in the attached Exhibit G. (c) Implementation. The City Manager, or designee, is authorized and directed to take all steps necessary or convenient to implement this Agreement. (d) Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. (e) Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreernent and to legally bind their respective Party to this Agreement. (f) Expending Funds. Each Party that perforrns services under this Agreement will do so with funds available frorn current revenues of the Party. No Party has any liability for the failure to expend funds to provide aid under this Agreement. (g) Term of Agreement. (1) This Agreement becomes effective as to each Party when approved and executed by that Party. (2) Once approved by all Parties, this Agreernent is for a term of one year, and will be automatically renewed annually, unless any party declines its participation by giving written notice to the other parties at least sixty days before the end of each annual term. (3) T errnination of participation in this Agreernent by any Party does not affect the continued operation of this Agreernent between and arnong the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. EXH'!'''';'':' . ..,'\., " _ --..~ ..,,~;-. ',". ,_.~ ", -, (h) Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement (i) Entire Agreement This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement OJ Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect (k) Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect (I) Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. (m) Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement (n) Civil Liability to Third Parties. Each Responding Party is responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self-insurance it should maintain for such situations. (0) No Liability of Parties to One Another. One Party is not responsible and is not civilly liable to the other for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement (p) Notices. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 CBBEP: Coastal Bend Bays & Esluaries Program, Inc Attn: Executive Director 1305 N. Shoreline, Suite 205 Corpus Christi, TX 78401 (q) Amendments to Agreement. (1) This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. (2) No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (r) Captions. Captions to provisions of this Agreement are for convenience and may not be considered in the interpretation of the provisions. (s) Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in Nueces County, Texas and in accordance with the Texas Rules of Civil Procedure. EXECUTED IN DUPLICATE originals, this day of ,2004. ATTEST: THE CITY OF CORPUS CHRISTI By: Armando Chapa City Secretary Approved as to form: I~/Z! (N By: ~ / '==. Josep Harney 0 Assistant City Attorney George K. Noe City Manager ,2004 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2004, by George K. Noe, as City Manager, City of Corpus Christi, Texas, a Texas home-rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Coastal Bend Bays & Estuaries Program, Inc. Robert B. Walla President By: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Dc;;f-o~ 7-14.,2004, by Robert B. Wallace, Jr., as President of the Coastal Bend Bays & Estuaries Program, Inc, \\\\\\\\IUIIJUllflll1ll. ~\\\\\\ 1\.\ A fl/1oiZ #~\"'\\". . I?I. "0; ~ ,\~ ....... '( ~ I~....~\{'( p~.....~A ~ : "*"'..... ~ " .0 _." 5 :' ~ (') ': ~ ~ : ~ ~: E !\~ +~/l ~ ',,?'~ OF ,<c.: ,,' ~ <::::: . z:,. .... ;;:: ~ ".:-oXPI~E~.'~ ~ ~~ 06" .......... ~"J ~ ...~tilll'l ~ 14 - 20' \\\\\,~ flll1ll/IIIII'\\\I\\\\~ EXHIBIT A STATE OF TEXAS COL'NTY OF SAN PATR]CIO 16.99 Acre Tract Field notes of a 16,99 acre tract of land. being part a 63.60 acre tract of land conveved to Thomas E. Finch bv deed recorded in Volume .:13. Page 372 of the Deed ~ , Records of San Patricio County, Texas; Said 16.99 acre tract is comprised ofa portion of the Victoriano Tares and Pedro \'illareal Survey, Abstract 32, is situated in San Patricio County, Texas, approximately 4 miles south of the town ofOdem, and is described bv metes and bounds as follows: Beginning at a point on the north bank ollhe Nueces River, in the south line of an 1.:132.393 acre tract of land pre\'iously surveyed. at the west corner of said 63.60 acre tract and at an exterior corner of a 19.37 acre tract of land pre\iously surveyed, for the southwest corner of this tract; whence the Nueces 2 Triangulation Station (X = 2274474.89, Y = 827041.03) bears N 25013' 38" W. a distance of 17,515.55 feet; Thence N 290 39' 15" E along the northwest line of said 63.60 acre tract, the southeast line of said 19.37 acre tract, and the northwest line of this tract, a distance of 281.84 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of said 63.60 acre tract, an angle corner of said 19.37 acre tract, and an angle corner of this tract; Thence N 730 24' 15" E along the north line of said 63,60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 322.22 feet to a 5,8" iron rod with surveyor's cap stamped "RPLS 190T set for an angle corner of said 63.60 acre tract, an angle corner of said 19.37 acrc tract. and an angle corner of this tract; Thence N 870 54' 15" E continuing along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of 1.:164.81 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS I 90T set for an angle e('rner of said 63.60 acre tract, an angle corner elf said 19.3 7 acre tract, and an angle corner of this tract; Thence S 760 05' 55" E continuing along the nOlih line of said 63.60 acre tract, the south line of said 19.37 acre tract, and the north line of this tract, a distance of340.85 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 190T set in the west right-of~ way line of the Missouri Pacific Railroad and at the southeast corner of said 19.37 acre tract, for the northeast corner of this tract: Thence S 040 .:19' 59" W along the west right-ot~way line of said Missouri Pacific Railroad and the east line of this tract. a distance of 300,02 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS J 90T set at the northcast corner of a 36.64 acre tract of land previously surveyed, for the southeast corncr of this tract: Thence S 89045' 00" W along the north line of said 36.64 acre tract and the south line of this tract, a distance of 22 J 7.69 feet to the place of beginning, containing 16.99 acres of land, more or less, subject to all casements of rccord. Bearings and coordinates in this description were determined by a GPS Survey from the Nueces 2 Triangulation Station (X = 2274.:17.:1.89, Y = 827041.03) NAD 27 Texas South Zone, Prepared on July 20, 2004. 16989:JF A I ~ \ EXHIBIT B STATE OF TEXAS COUNTY OF SAN PATRICIO 19.37 Acre Tract Field notes of a 19.37 acre tract ofland, being part a 398024 acre tract ofland conveyed from Betty Ann Pamplin, et aI, to John S. :VlcGregor by Special Warranty Deed dated August 6, 1993, and recorded in Clerk's File ~o 4] 5239 of the Rea] Property Records of San Patricio County, Texas; and part ofa 1432,393 acre tract ofland previously surveyed; Said 19.37 acre tract is comprised of a ponion of the Victoriano Tares and Pedro Villareal Survey, Abstract 32, is situated in San Patricia County. Texas, approximately 4 miles south of the town ofOdem, and is described by metes and bounds as follows: Beginning at a point in the east right-of-way [me of Interstate Highway 37 and the west line of said 1432,393 acre tract, for the nonhwest corner of this tract; whence the Nueces 2 Triangulation Station (X ~ 227447489, Y ~ 827041.03) bears N 240 02' 23" W, a distance of 16,637.21 feet; Thence S 870 00' 02" E along the north line thIS tract, a distance of 2950.67 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1 907" set in the west right-of-way line of the Missouri Pacific Railroad, for the nonheast corner of this tract; Thence S 040 49' 59" \V along the west right-ot~\\ay line of said Missouri Pacific Railroad and the east line of this tract, a distance of] 8848 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set in the north line of said 63.60 acre tract ofland conveyed to Thomas E. finch by deed recorded in Volume 43, Page 372 of the Deed Records of San Patricio County, Texas; for the southeast corner of this tract; Thence N 760 05' 55" W along the north line uf said 63.60 acre tract and the south line of this tract, a distance of 340.85 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of thIS tract: Thence S 87054' IS" \V continumg along the nonh line of said 63.60 acre tract and the south line of this tract, a distance of ]464.8] feet to a 5/8" iron rod with surveyor's cap stamped "RPLS 1907" set for an angle corner of thlS tract; Thence S 73024' IS" \V continuing along the north line of said 63.60 acre tract and the south line of this tract, a distance of 322.22 feet to a 5/8" iron rod with surveyor's cap stamped "RPLS ] 907" set for an angle corner of this tract; Thence S 290 39' 15" W cOlltinuing along the north line of said 63.60 acre tract and the south line of this tract, a distance of281.84 feet to a point on the north bank of the Nueces River, at the west corner of said 63.60 acre tract, and the northwest corner of a 36.64 acre tract ofJand just surveyed, for an exterior corner of thIS tract; Thence in a westerly direction with the meanders !Jf the north bank of said Nueces River as follows: N 6T 11' 28" W 208.27 feet; S 740 17' 22" W 89.26 feet; S 64036' 38" W 133.67 feet; S 7604]' 29" W 74.38 feet to a point III the east right-of-way line of said Interstate Highway 37, for the southwest corner of said 1432.393 acre tract and the southwest comer of this tract; Thence N ] 70 57' 32" \V along the east right-oi~way line of said Interstate Highway 37, the west line of said 1432,393 acre tract. and the west line of this tract, a distance of702.96 feet to the place of beginning, containing 1937 acres of land, more or less, subject to all easements of record. ''is /t:/-2.. Bearings and coordinates in this description were detcnnined by a GPS Survey from the Nueces 2 Triangulation Station (X; 2274474.89, Y ; 827041.03) NAD 27 Texas South Zone. I, Julius L. Petrus, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description represents an actual survey made on the ground. this the 6th day of February, 2003. d ,,) r ch~lL(Jc\ ReglStered Professional Land Surveyor Texas Registration 1\'0 1907 15765I:JF ~'C. OF l" '\I'.....,.:-r "". .~G\S l" (,;,.:1<5' ....~ ~ "'6'.. .. 'j,'L.'PETRUS.'jR:" ............. <;'1>0 1907 . ',;,;.:" "1ft: .'7E'ss \O~.()<<:: 'v<) Si.iR~''C.'' 'B :l cP 2. EXHIBIT C STATE OF TEXAS COUNTY OF SAN PATRICIO Tract 3A 19.705 Acres Field notes of a 19.705 acre tract ofland, being out of a 398.024 acre tract of land conveyed from Betty Ann Pamplin, et aI, to John S. McGregor by Special Warranty Deed dated August 6, 1993, and recorded in Clerk's File No. 415239 of the Real Property Records of San Patricio County, Texas; and part of an 1432.393 acre tract of land previously surveyed; Said 19.705 acre tract is comprised ofa pomon of the Victoriano Tares and Pedro Villareal Survey, Abstract 32, is situated in San Patricio County, Texas, approximately 3 "miles south of the town of Odem, and is described by metes and bounds as follows: Commencing at a 5/8" iron rod with sun'cyors cap stamped "RPLS 1907" set at an interior corner in the easterly right-of-way line of Interstate Highway 3 7, the southeast line of James F. Welder Land, the northwest line of said 393.024 acre tract, at the west corner of a 13.602 acre tract of land previously surveyed, and the west corner of said 1432,393 acre tract; whence the Nueces 2 Triangulation Station (X = 2274474.89, Y = 8::704103) bears N 240 24' 30" W, a distance of 15,690 14 feet; Thence S 17057' 32" E along the northeast right-ot~wav line of said Interstate Highway 37, the southwest line of said 1432.393 acre tract, and a southwest line of said 13.602 acre tract, a distance of 509.70 feet to a point at the south comer of said 13.602 acre tract, for the POINT OF BEGINNING and the southerly west corner of this tract; Thence N 72018' 57" E along a southeast line of said G602 acre tract and a northwest line of this tract, a distance of 11103 feet to a point at an exterior comer of said 13.602 acre tract, for an interior corner of this tract; Thence N 390 45' 09" E continuing along a southeast line of said 13 602 acre tract and a northwest line of this tract, a distance of 3.27 feet to a point at an exterior corner of said 13.602 acre tract, for an interior corner of this tract; Thence N I r 39' 25" W along a northeast line of saId 13.602 acre tract and a southwest line of this tract, a distance of 504.99 feet to point at an interior corner of said 13.602 acre tract, for the northerly west corner of this tract; Thence N 400 23' 44" E along a southeast lIne of said 13.602 acre tract and a northwest line of this tract, a distance of 814.43 feet to a point, for iln angle corner of said 13.602 acre tract and an angle corner of this tract; Thence N 290 11' 43" E continuing along a southe",t line of said 13 .602 acre tract and a northwest line of this tract, a distance of 1733.26 feet to point, for an angle comer of said 13.602 acre tract and an angle corner of this tract; Thence N 42006' 17" E continuing along a soc:tl1east line of said 13.602 acre tract and a northwest line of this tract, a distance of 212 14 feet to a point, for an angle corner of said 13.602 acre tract and an angle corner of [1115 tract; Thence N 290 06' 07" E continuing along a southeast line of said 13.602 acre tract and a northwest line of this tract, a distance of 200035 feet to a point, for an angle corner of said 13.602 acre tract and an angle corner uf this tract; Thence N 44004' 17" E continuing along a southeast line of said 13.602 acre tract and a northwest line of this tract, a distance of 302.57 feet to il point at the east comer of said 13.602 acre tract, the south corner of" ! 0.248 acre tract of land just surveyed, and at the west corner of a 5.555 acre tract uf !,H1d just surveyed, for the north corner of this tract; Thence S 460 II' 45" E along the southweSllIne of said 5555 acre tract and the northeast line of this tract, a distance of 150.0 I feet to a point at the south corner of said c. I i)- 5.555 acre tract and the west corner of a 14.19' acre tract of land just surveyed, for the east corner of this tract; Thence S 440 04' 17" W along a southe:lst line otthis tract, a distance of28356 feet to a point for an angle corner of this tract; Thence S 290 06' 07" \V continuing along 3 southeast Ime of this tract, a distance of 1997.73 feet to a point for an angle corner ot this trelet; Thence S 420 06' 17" \\' continuing along a southe:lst line otthis tract, a distance of 212.26 feet to a point for an angle corner of this tract: Thence S 2901]' 43" W continuing along a southeast 1ll1e of this tract, a distance of] 731.00 feet to a point for an angle corner ot this tract; Thence S 400 23' 44" W continuing along a southeast line of this tract, a distance or 745.90 feet to a point for an angle corner of this tract; Thence S 17039' 25" E along a northeast line of this tract, a distance of 480.33 feet to point for an east corner of this tract; Thence S 260 45' 08" \\' along a southeast li;oe elt this tr:let, a distance of 134. I 8 feet to a point for an angle corner of this tract; Thence S 72018' 57" W continuing along a southe:lst line of this tract, a distance of 173.32 feet to a point in the northeast right-of-wav Ime ot said Interstate Highway 37 and the southwest line of said 1432.393 acre tract, for the south corner of this tract; Thence N 1 r 57' 32" \V along the northeast right-or-way line of said Interstate Highway 37, the southwest line of said 1432.393 acre tract, and a southwest line of this tract, a distance of 150,00 feet to the POINT OF B EG!,\1)J lNG, containing 19.705 acres of land, more or less, subject to all easements of record Bearings and coordinates in this description were determined by a GPS Survey from the Nueces 2 Triangulation Station (X = 2274474.89, Y = 827041.03) NAD 27 Texas South Zone. 15765W:JF C- ;). ~ J.. EXHIBIT D STATE OF TEXAS COUNTY OF SAN PATRlCIO Tract 3 B 11.001 Acres Field notes of a 11.001 acre tract of land, being part at a 1517 29 acre tract of land conveyed (rom Betty Ann Pamplin, et aI, to John S McGregor by Special Warranty Deed dated August 6,1993, and recorded in Clerk's File '\0.4 I 5239 of the Real Property Records of San Patricio County, Texas; part of a 398 024 acre tract of land conveyed from Betty Ann Pamplin, et aI, to Jolm S. McGregl,r c:- Special \\'arranty Deed dated August 6,1993, and recorded in Clerk's File No 415239 of the Real Property Records of San Patricio County, Texas; and part ofa 1432.393 acre tnet of land previously surveyed; Said 11.001 acre tract is comprised ofport1ons of the .I. W H Oltman Survey, Abstract 213, the Juan Hart & Sons Survey, Abstract 10. :tC1d :he Victoriano Tares and Pedro Villareal Survey, Abstract 32, is situated in San Pat:-lcIO County, Texas, approximately 3 miles southwest of the tovm of adem. and 15 described by metes and bounds as follows: Commencing at a 5/8" iron rod with surve> or's cap stamped 'RPLS 1907" set in the southeast right-of-way line of Missouri Pacific Railroad, the northwest line ofa 1432.393 acre tract of land just surveyed, at the west corner of a 5664 acre tract of land previously surveyed, the north comer of a 15.797 acre tract of lar;d.lust surveyed, and the west corner of an 1.879 acre tract of land just surveyed, whence the Nueces 2 Triangulation Station (X=227447489, Y = 82(04103) bears N 610 41' 21" W, a distance of ]4,774.80 feet; Thence S 360 37' 48" E along the southwest line of said 1.879 acre tract and the northeast line of said 15.797 acre tract, a distance of ! 45 73 feet to a point at the east corner of said 15.797 acre tract, the south corner of said 1. 879 acre tract, and the west comer of an 8.646 acre tract oflandjust surveyed, for the POINT OF BEGINNING and the' north corner of this tract; Thence S 360 37' 48" E along the southwest line of said 8646 acre tract and the norrtheast line of this tract, a distance of 150.01 feet to a point at the south corner of said 8.6~6 acre tract and the west corner of a 461 17 3crc tract of :and just surveyed, for the east corner of this tract; Thence S 530 51' 29" W along the southeast line of tillS tract, 3 distance of 389.81 feel to a point for an angle corner of this tract; Thence S 530 08' 47" W continuing along the southeast line of this tract, a distance of 1001.68 feet to a point for an angle corner of t::1S tract; I Thence S 520 59' 49" W continuing along the southeast I ine of this tract, a dis1ance of 1625.84 feet to a point for an exterior corner of this tract: Thence S 870 20' 49" W continuing along the sou':east iinc of this tract, a distance of 256,63 feet to a point in a curve to the right and in the southeast right-of-way lin~ of Missouri Pacific Railroad, for the west corner orchis tract; Thence in a northeasterly direction with said el1:"C to ,he right (Radius = 2814.70 feet, Delta Angle = 040 23' 15", Chord Bearing and O:.'t;\1'ce is )'0: 26' 05' 33" E, 21549 feet) along a northwest line of tract, a distance of 2 I 5.54 feet to a point at a west corner of said 15.797 acre tract, for a north corner of this trelet, Thence S 55023' 15" E along a southwest Ii;l~ (1[' ~<lid 15 797 acre tract and a northeast line of this tract, a distance of 97.27 feet to a r"i::t at the "Juth corner of said 15.797 acre tract, for an interior corner of this tract; I Thence N 520 59' 49" E along the southeast Imc of said 15. -97 acre tract and the northwest line of this tract, a distance of 1615.07 feet to a point, for an angle corner of saicl ] 5.797 acre tract and an angle corner of this tract; J) I of .;L I I Thence N 530 08' 47" E continuing along the southeast Ime of said 15.797 acre tr~ct and the northwest line of this tract, a distance of 1002.81 feet to a point for an angle corner of said] 5.797 acre tract and an angle corner of IhlS t,act; Thence N 530 51' 29" E continuing along the scuthcast line of said 15797 acre tr~ct and the northwest line of this tract, a distance of 389.-16 feet to the POINT OF Bt:G!1\'NING, containing I I .001 acres of land, me:'c c,r less, sub,ect to all easements of reoord. Bearings and coordinates in this description were ,!cterm:ned by J GPS Survey from the Ndeces 2 Triangulation Station (X = 2274474.89, Y = 8270-1103:, NAD 27 Texas South Zohe. Prtpared February 17, 2003 I 15765P:JF 1> ')J? EXHIBIT E STATE OF TEXAS COUNTY OF SAN PATRICIO Tract 3C 8.646 Acres Field notes of a 8.646 acre tract of land, being part of a 1517.29 acre tract of land conveyed from Betty Ann Pamplin, et ai, to John S. ~!cGregor by Special Warranty Deed dated August 6, 1993, and recorded in Clerk's File ';0 ..; 15239 elf the Real Property Records of San Patricio County, Texas; part of a 56 64 acre tract ,Jf land previously surveyed, and part of an 1432.393 acre tract of land previously surveyed; Said 8.646 acre tract is comprised of portions of the C. C Hornsby Survey, Abstract 159, and the J. W. H. Oltman Survey, Abstract 213. IS situmed in San Patricio County, Texas, approximately 3 mtles southwest \,f the town of Odern, and is described by metes and bounds as follows: Beginning at a 5/8" iron rod (X = 2289572 15, Y = 821527IJ4) rod with surveyor's cap stamped "RPLS 19IJ7" set in the southeast right-,lf-way line of the Missouri Pacific Railroad and an angle corner of an 1187.14 acre tr<1ct described in Quitclaim Deed dated June 13, 1995, and recorded :n Clerk's File No. 432598 of the Real Property Records of San Patricio County, Texas: for the north cc'rnn of said 1432.393 acre tract, the north corner of said 56.64 acre tract, a:1d the north corner of this tract; whence the Nueces 2 Triangulation Station (X = 22- 447-\.89, Y = 827041.03) bears N 69' 56' 10" W, a distance of 16,072.27 feet; Thence S 01009' 42" E along the east line of said 1-\32393 acre tract and the e:lst line of this tract, a distance of 212 A8 feet to a point at the ~orth corner 0 fa 46.117 acre tract of land just surveyed and an angle corner of said 1-\32.393 Clcrc tract, for a southeast corner of this tract; Thence along the northwest line of saiel 461 ! 7 Xte triCct 3'1d the southeast line of this tract as follows: S 440 36' 20" \V 6~'~ feet: S 450 40' 44" W 9065 feet: S 460 27' 20" W 9695 feet: S 470 25' IS" W 93.55 feet: S 480 46' 43" W 188.79 feet: S 50009' 33" W 92.85 teet: S51003'00"W 95.-\1 feet: S51057'51"W 9538 feet: S 520 57' 23" W 98 94 feet: S 530 53' 34" W 9510 feet: S 540 56' 26" W 93.90 feet: S 55046' 58" W 9155 feet; S 530 IS' 56" W 857.-\7 feet: S 490 47' 14" W 17489 feet: S 53051' 29" \V 21546 feet to a point in the southwest line of saiel56.64 acre tract, at the west corner of said -\6.1 i 7 acre tract, and at the east corner of an 11.001 acre tract of land just surveyed, for the south corner of this tract: Thence N 360 37' 48" W along the soutl1\':cst line ofsaiel56 64 acre tract, the northeast line of said 11.001 acre tract, and tbe southwest line of this tract, a distance of 150.01 feet to a point at the north corner of said II. 1 :Icrc tract: the east corner of a 15.797 acre tract ofland just surveyed, and at the south corner of an 1.879 acre tract of lanel just surveyed, for the west corner of this tract. Thence N 530 51' 29'1 E along the southe~Ls: line ilt' Send i .S""9 acre tract and the northwest line of this tract, a distance of 211.4 1 feet to a ['oint fe,r IlI1 angle corner of saiel 18~9 acre tract and an angle corner oftbls tract; Thence N 490 47' 14" E continuing along the southeast lil1e of said I 879 acre tract and tbe nortbwest line of this tract, a distance of 174.12 feet to a point for an angle corner of said 1.879 acre tract and an angle corner of this tract; E loP:2 Thence N 53015' 56'1 E continuing along the s\..Jutheasr llne of said 1.879 acre tract and the northwest line of this tract, a distance of 86532 feel to a point in the southeast right-of-way line of said Missouri Pacific Railroac' and the northwest line of said 1432.393 acre tract, for an angle corner of said 14~=,393 acre tract and an angle corner of this tract; Thence continuing along the southeast rigin-o;'-way Ii"c "I' said Missouri Pacific Railroad, the northwest line of said 1432.373 acrc tract. a"d the northwest line of this tract as follows: N 550 46' 59" E 93.74 fect: N 540 56' 26" E 9142 feet: N 530 53' 34" E 9251 feet: N 520 57' 23" E 9642 feet; N 510 57' 51" E 9288 feet: N51003'00"E 93 05 feet: N 500 09' 33" E 89.88 feet; N 480 46' 43" E 185.20 feet; N 4T 25' 15" E 90.51 feet: N 46027' 20" E 94.67 feet; N 450 40' 44" E 8823 feet: N 44036' 20" E 93 82 feet; N 43032' 23" E, a distance of 120.58 feet to the place of beginning, containing 8.646 acres ofland, more or less, subject to ail easements of record. Bearings and coordinates in this description were deten11Jned by a GPS Survey from the Nueces 2 Triangulation Station (X = 2274474.89, Y = 82704103) NAD 27 Texas South Zone. Prepared February 17,2003 15765:-J:JF .E ;;.rI;L EXHIBIT F STATE OF TEXAS COUNTY OF SAN P A TRlCIO Tract 3D 5555 Acres Field notes of a 5.555 acre tract of land. being out of a 398.024 acre tract of land conveyed from Betty Ann Pamplin, et aI, to John S McGregor by Special Warranty Deed c:lated August 6,1993, and recorded in Clerk's File No 415239 of the Real Propeliy Records of San Patricio County, Texas; and part of an 1432393 acre tract of land previously surveyed; Said 5.555 acre tract is comprised of a portion of the Victoriano Tares and Pedro Villareal Survey, Abstract 32, is situated in San Patricio Coumy, Texas, approximately 3 miles south of the town of Odem, and is described by metes and bounds as follows: Commencing at a 5/8" iron rod with surveyors cap stamped "RPLS 1907" set m the southeast right-of-way line ofU. S Highway 77, at an angle corner of said 1432.393 acre tract, an angle corner of said 398.024 acre tract, the west conccr of a 30.00 acre tract of land previously surveyed, the north corner of a 13.602 acre tract of land Just surveyed, and the west corner of a 10.248 acre tract of Ianc:l Just surveyed, whence the Nueces 2 Triangulation Station (X = 2274474.89, Y = 82704103) bears N 420 52' 23" W, a distance of 13,423.53 feet; Thence S 460 II' 45" E along the northeast [me of said 13 602 acre tract and the southwest line of said 10.248 acre tract, a distance of 228.04 feet to a point at the nOl1h corner ofa 19.705 acre tract oflandjust surveyed, the east corner of said 13.602 acre tract, and the south corner of said 10.248 acre tract. for the PO[]\;T OF BEGINNING and the west corner of this tract; Thence N 440 04' 17" E along the southe:lst line of said 10.248 acre tract and a northwest line of this tract, a distance of 1683.91 feet to a point at an interior corner of said 10.248 acre tract, for the north corner of this tract: Thence S 62031' 40" E along a southwest Itne of said 10.248 acre tract and a northeast line of this tract, a distance of 63.21 feet to a point in a curve to the left, on the northwest right-of-way line of the Missouri Pacific Railroad, and at a south corner of said 10.248 acre tract, for an east corner of this tract: Thence in a southwesterly direction with said curve to the left (Radius = 2914.70 feet, Delta Angle = 050 35' 01", Chord Bearing and Distance is S 25042' 45" W, 283.93 feet) along a southeast line of this tract and along the northwest right-of-way line of said Missouri Pacific Railroad, a distance of284.04 feet to a point at the north corner of a 14.197 acre tract of land just surveyed, for an angle corner this tract; Thence S 440 04' 17" W along the northwestllIle of said 14.197 acre tract and the southeast line of this tract, a distance of 1431. 79 feet to a point at the west corner of said 14.197 acre tract and the east corner of said 19.705 acre tract, for the south corner of this tract; Thence N 460 ] I ' 45" W along the northeast line of said 19.705 acre tract and the southwest line of this tract, a distance of 150.01 feet to the POINT OF BEGINNING, containing 5.555 acres ofland, more or less, subject to all easements of record. Bearings and coordinates in this description were determined by a G PS Survey from the Nueces 2 Triangulation Station (X = 227447489, Y = 82704103) NAD 27 Texas South Zone. 15765V:JF F I~I . . EXHIBIT G (1) The CBBEP will control access and maintain the property including: (a) Except as provided In (2). infrastructure maintenance, including fences, roads, trails, gates, signage, interpretative. and public facilities. (b) Prairie and wetlands restoration. Including brush management, grazing management, water management, and exotic species control. (c) Access management, including poaching control, hunting management, publiC access scheduling (2) The City will grade designated roads once a year (3) The CBBEP may perform the following activities as part of its overall mission: (a) Engage in conservation of the native habitats of the Nueces River Delta, including: (A) Estuarine systems, riparian systems, salt marshes, freshwater marshes, coastal uplands. (B) Conserve biodiversity. including habitat for migratory waterfowl, wading and shorebirds, Neo-tropical migratory birds, and other marine and terrestrial species. (C) Restoration of natural estuarine hydrology, including freshwater inflows and bay/freshwater interface. and restoration of natural delta landscape function. (b) Public education and outreach focused on interpretation of the ecology of the Nueces River Delta. (c) Youth education and outreach opportunities, especially urban youth. (d) Nature tourism destination to support area economic development. (e) Scientific Research and use of the site by area universities. (f) Monitoring in accordance with the existing CBBEP Rincon Bayou, Nueces Delta Monitoring Plan. G I cfl