HomeMy WebLinkAbout027954 ORD - 11/18/2008Page 1 of 3
AN ORDINANCE
DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS,
APPROXIMATELY 60.821 ACRE TRACT OF LAND OWNED BY SAM
KANE, LOCATED IN NUECES COUNTY, OFF SOUTH RIGHT-OF-WAY
BOUNDARY OF STATE HIGHWAY 9 (9001 LEOPARD STREET), AND
ADJUSTING THE CITY BOUNDARIES, CONDITIONED UPON THE
PROPERTY OWNER EXECUTING A CONTRACT FOR SERVICES IN
LIEU OF ANNEXATION; PROVIDING FOR A DELAYED EFFECTIVE
DATE FOR THE DISANNEXATION; PROVIDING FOR PUBLICATION;
PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council has determined that this ordinance would best serve public
health, necessity, convenience, and the general welfare of the City of Corpus Christi
and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. If Sam Kane, executes a contract for services in lieu of annexation,
attached as Exhibit "A", that an approximately 60.821 acre tract of land, as described in
the attached Exhibit "B", owned by Sam Kane, located off the south right-of-way
boundary of State Highway 9 (9001 Leopard Street) in Nueces County is disannexed
from the City of Corpus Christi.
SECTION 2. That the boundaries of the City of Corpus Christi, Texas are adjusted to
exclude only that property comprising said 60.821 acre tract of land as described in
Exhibit "B".
SECTION 3. The disannexation described in Section 1 of this ordinance is effective on
the later of the execution of the contract in lieu of annexation or November 30, 2008.
SECTION 4. If for any reason any section, paragraph subdivision, clause, phrase, word
or provision of this ordinance is held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, that 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 unless said holding
has the effect of diminishing the revenue payable to the City under any agreement
entered into under this ordinance.
SECTION 5. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 6. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
Sam Kane Disannex Ordinance 11142008.doc
027954.
Page 2 of 3
ordinances at two regular meetings so that this ordinance is jassed and takes effect
upon first reading as an emergency measure on this the 1YLI day of November, 2008.
ATTEST:
Armando -Chaps
City Secretary
THE CITY OF CORPUS CHRISTI
my Garr: tt
Mayor
APPROVED: This 15th day of December, 2008:
R. J ei ng
t As istant i y Attorney
For City Attorney
Sam Kane Disannex Ordinance 11142008.doc
Page 3 of 3
Corpus Christi, Texas
toDay of 0 Ve/tadOl.k , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
He Garre , Mayos/ 4
City of Corpus Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Sam Kane Disannex Ordinance 11142008.doc
027954
THE STATE OF TEXAS §
COUNTY OF NUECES §
CONTRACT FOR SERVICES IN LIEU OF ANNEXATION
This Contract made and entered into by and between the City of Corpus Christi, Texas,
a municipal corporation of Nueces County, Texas ("City"), and Sam Kane, Landowner,
("Company").
WITNESSETH:
WHEREAS, it is the general policy of the City Council of the City of Corpus Christi,
Texas, to adopt reasonable measures permitted by law that will tend to enhance the
economic stability and growth of the City and its environs and will attract the location of
new and the retention and expansion of existing industries in the City and its environs,
and this policy is hereby reaffirmed and adopted by this City Council as being in the
best interest of the City and its citizens; and
WHEREAS, Company is the owner of land and improvements on land within the
extraterritorial jurisdiction of the City of Corpus Christi, and
WHEREAS, upon execution of this contract by the City this land shall be known as
"Corpus Christi Strategic Partnership Zone No. 2," and this land is more particularly
described in Exhibit "A" by metes and bounds, as provided in Section VII and in Exhibit
"B" by a listing of the property by account number designated by the Nueces County
Appraisal District ("NCAD") or its successor attached to this Contract, and incorporated
in this Contract for all purposes, in. this Contract called "the land" and upon which
Company has either constructed improvements; and
WHEREAS, under the policy and the provisions of Section 43.0563, Texas Local
Government Code, City is willing to enter into strategic partnership agreements for the
provision of services to industries located within its extraterritorial jurisdiction in lieu of
annexation; and
WHEREAS, City desires to encourage the retention, updating, expansion, and growth of
industries within the City and its environs, and for this purpose desires to enter into this
Contract with Company.
NOW, THEREFORE, in consideration of the premises, the mutual contracts of the
parties in this Contract contained and under the authority granted under Section
43.0563, Texas Local Government Code, City and Company agree as follows:
I.
A.1. City covenants and agrees that during the term of this Contract, and subject to the
terms and provisions of this Contract, the land will retain its extraterritorial status as a
strategic partnership zone and shall continue to retain this status until and unless the
Page 1 of 7
Contract for Services In Lieu of Annexation -- Sam Kane -- 11142008
FXHIRIT A
status is changed under the terms of this Contract. Except as provided in this Contract,
the City further covenants and agrees that it will not annex the land.
2. During the term of this Contract, City has no obligation to extend to the land any City
services, except fire protection and City utility services being provided to and paid for by
Company on the date of this Contract, including water, wastewater, gas, and storm
water services. Utility services will be provided at inside city limits rates.
B. Further; City and Company agree that during the term of this Contract, Company
shall comply with the City's:
1. Ordinances, rules, or regulations governing zoning and platting of the land.
Company further agrees that it will in no way divide the land or additions to this Contract
without complying with State law and City ordinances governing subdivision of land.
2. Ordinances, rules, or regulations prescribing any building, electrical, energy
conservation, fuel gas, mechanical, plumbing, inspection, or other technical construction
code or codes.
3. Ordinances, rules, or regulations governing the method of operations of Company's
business, including those regulations relating to the delivery of utility services and waste
disposal, including payment of any applicable municipal solid waste system service
charge.
C. Company covenants and agrees that during the term of this Contract, Company will
not use or permit the use of the land and improvements covered by this Contract for
purposes not included within the term "industry" as defined in Section 2 of Ordinance
No. 15898, as amended. Holding the land and improvements for future "industry" use,
without using the land for non -industry purposes, does not violate this paragraph.
D. Company covenants and agrees that this Contract must be treated as a petition for
annexation of the land and a request for immediate annexation upon termination of this
Contract. Upon termination of this Contract for any reason, including, but not limited to,
expiration, with or without extension, termination for default, or termination at the
request of either party, the lands are automatically annexed into the City, and the
Company waives any and all rights to contest the annexation by the City. This covenant
is a covenant running with the land, and is binding upon the Company's successors and
assigns.
11.
The term of this Contract shall be five (5) years beginning December 1, 2008, and
continuing until November 30, 2013, unless extended for additional period or periods of
time upon mutual consent of Company. If this Contract is not extended for an additional
period or periods of time on or before May 31 of the final calendar year of the term of
this Contract, then the immunity from annexation granted in this Contract terminates on
that date, but all other terms of this Contract shall remain in effect for the remainder of
Page 2 of 7
Contract for Services In Lieu of Annexation -- Sam Kane — 11142008
the term; provided, however, the effective date and time of annexation may not be
earlier than midnight of November 30 of the final year of the term.
III.
Each year during the term of this Contract, Company shall pay to City an amount in lieu
of taxes on the land, including improvements and personal property located on the land,
equal to one hundred percent (100%) of the amount of ad valorem taxes based upon
the market value of the land, improvements, and personal property, which would
otherwise be payable to City by Company if the land were situated within the city limits
of City.
IV.
A. Company agrees to pay to City on or before January 31 of the year following each
year during the term of this Contract all payments in lieu of taxes provided for under this
Contract without discount for early payment. The present ratio of ad valorem tax
assessment used by City is one hundred percent (100%) of the fair market value of
property, including land, improvements, and personal property. Any change in the ratio
used by City shall be reflected in any subsequent computations under this Contract.
This Contract and the method of determining and fixing the amount of in lieu of taxes
payments under this Contract shall be subject to all provisions of law relating to
determination of market value and taxation, including, but not limited to, laws relating to
rendition, assessment, equalization, and appeal.
B. In determining the Company's in lieu of taxes annual payment required under this
Contract, the calculation shall be made utilizing the fair market value of all property
determined by NCAD or its successor under provisions of the Texas Property Tax
Code. The Company shall timely provide information and reports required under Texas
law, rules, and regulations to NCAD or its designee, so that the appraisal process can
be completed in accordance with all applicable state laws. Upon written request each
year by the City's Collection Section, the Company will provide the City with the certified
fair market value assessment for use in calculation and preparation of the annual in -lieu
tax payment.
V.
If Company elects to protest the valuation set on any of its properties by Nueces County
Appraisal District (NCAD) for any year or years during the term of this Contract, it is
agreed that nothing in this Contract shall preclude the protest and Company shall have
the right to take all legal steps desired by it to reduce the same as if the property were
located within the City, except with regard to the exemptions in Part IV B.
Notwithstanding any protest by Company, Company agrees to pay to City an initial in
lieu of tax payment, on or before the date provided for in this Contract, of at least the
amount of the payment in lieu of taxes on the land, improvements, and personal
property that would be due by Company to City under this Contract on the basis of
renditions filed by Company with City's Collection Section for that year on the basis of
Page 3 of 7
Contract for Services In Lieu of Annexation -- Sam Kane -- 11142008
the assessment of this Contract for the last preceding year, whichever is higher. When
the valuation on the property has been finally determined, either as the result of final
judgment of a court of competent jurisdiction or as the result of other final settlement of
the controversy, then within thirty (30) days thereafter Company shall make to City any
additional payment due based on the final valuation. If as a result of final judgment of a
court of competent jurisdiction, or as the result of other final settlement of the
controversy, the valuation of Company's property is established as an amount less than
the amount used to compute the initial in lieu of tax payment for that year by Company,
then -within -thirty (30) days thereafter City shall make to Company any payment due
based on the difference between the initial payment and that which is computed based
on the final settlement.
VI.
A. If Company fails or refuses to comply with all or any of the terms, conditions, and
obligations in this Contract imposed upon the Company, then this Contract may be
terminated at the option of City and the City may elect to sue to recover any sum or
sums remaining due under this Contract or take any other action which in the sole
discretion of the City it deems best. If the City elects to sue to recover any sum due
under this Contract, the penalties, interest, attorney's fees, and cost of collection are
recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If
the Company is an industry covered by the third paragraph of Section 2 of Ordinance
15898, as amended, failure to comply with the terms of that paragraph constitutes
grounds for termination of this Contract, provided however, that the Company must be
given written notice of the grounds for termination and if within sixty (60) days the
Company complies or demonstrates a satisfactory plan of compliance (where
compliance requires more than sixty (60) days) the Contract may not be terminated.
The lands are automatically annexed into the City upon termination of the Contract.
B. If Company defaults in paying in lieu of tax payments under this Contract, City is
entitled to a tax lien on the land and improvements; and the lien may be enforced by
City in the same manner as provided by law for the collection of delinquent ad valorem
taxes.
C. If City breaches this Contract by annexing or attempting to pass an ordinance
annexing any of the land, Company may enjoin City from the date of its breach for the
balance of the term of this Contract, from enforcing any annexation ordinance adopted
in violation of this Contract and from taking any further action in violation of this
Contract. If Company elects to pursue this remedy, then so long as City specifically
performs its obligations under this Contract, under injunctive order or otherwise,
Company shall continue to make the annual payments required by this Contract.
VII.
Company agrees to provide to City at Company's expense, a survey plat and field note
description of the land.
Page 4 of 7
Contract for Services In Lieu of Annexation -- Sam Kane — 11142008
A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or
possessed by Company, is made by another municipality, or if the incorporation of any
new municipality should attempt to include within its limits the land or property, the City
shall seek a temporary and permanent injunction against the annexation or
incorporation, with the cooperation of Company, and shall take any other legal action
necessary or advisable under the circumstances. The cost of the legal action shall be
borne_ equally_ by the Company; provided, however, the fees of any special legal counsel
shall be paid by the party retaining same.
B.1. If City and Company are unsuccessful in obtaining a temporary injunction enjoining
the attempted annexation or incorporation, Company shall have the option of:
(a) Terminating this Contract, effective as of the date of the annexation or incorporation.
(b) Continuing to make the in lieu of taxes payments required under this Contract.
2. This option must be exercised within thirty (30) days after the application for the
temporary injunction is denied.
3. If Company elects to continue the in lieu of taxes payments, the City shall place
future payments under this Contract together with part of the payment for the calendar
year in which the annexation or incorporation is attempted, prorated to the date the
temporary injunction or relief is denied, in a separate interest-bearing escrow account
that must be held by City subject to the following:
(a) If final judgment (after all appellate review, if any, has been exhausted) is entered
denying a permanent injunction and/or upholding the annexation or incorporation, then
all these payments and accrued interest must be refunded to Company.
(b) If final judgment (after all appellate review, if any, has been exhausted) is entered
granting a permanent injunction and/or invalidating the annexation or incorporation, then
all the payments and accrued interest may be retained for use by City.
IX.
This Contract inures to the benefit of and be binding upon City and Company, and upon
Company's successors and assigns, affiliates and subsidiaries, and remains in force
whether Company sells, assigns, or in any other manner disposes of, either voluntarily
or by operations of law, all or any part of the land, and this Contract contained must be
held to be covenants running with the land for so long as this Contract or any extension
of this Contract remains in force.
X.
In all of its procurements, including, but not limited to, procurements of supplies,
materials, equipment, service contracts, construction contracts, and professional
Page 5 of 7
Contract for Services In Lieu of Annexation -- Sam Kane — 11142006
services contracts, the Company shall use reasonable efforts to procure same from
businesses located within Nueces County, unless same are not reasonably and
competitively available within the area. Company acknowledges that the City provides
a regional water system that is critical to the well-being and economic growth of the
entire area and that it is important for each customer to continue to use the system as
its principal source of water. Company agrees to provide six months written notice of
any intent or action to obtain water from any source other than the City. The Company
shall make reasonable efforts to determine local availability and competitiveness of
other -supplies, materials, equipment, service, construction, and professional service
contracts, but shall not be required to maintain records regarding this requirement other
than those normally kept in its usual course of business.
XI.
If any word, phrase, clause, sentence, paragraph, section, article or other part of this
Contract or the application of this Contract to any person, firm, corporation or
circumstances shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, then the application, invalidity or unconstitutionality of
the word, phrase, clause, sentence, paragraph, section, article or other part of this
Contract shall be deemed to be independent of and separable from the remainder of
this Contract and the validity of the remaining parts of this Contract shall not be affected
thereby, unless the holding has the effect of diminishing the revenues payable to City
under this Contract.
XII.
This Contract may be executed in multiple counterparts, each of which is deemed an
original.
ENTERED into this day of November, 2008.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
LEGAL FORM APPROVED: November , 2008
R. Jay Reining
First Assistant City Attorney
For City Attorney
Page 6of7
Contract for Services In Lieu of Annexation -- Sam Kane -- 11142008
CITY OF CORPUS CHRISTI ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on November _, 2008, by 'Angel R.
Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf
of the corporation.
Notary Public, State of Texas
SAM KANE
LANDOWNER
By:
Jerry Kane
LANDOWNER ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF NUECES
Before me, the notary public whose name is signed and printed (or typed) below, on this
day personally appeared Jerry Kane, , Sam Kane, as landowner, for the purposes and
consideration in this Contract expressed.
Given under my hand and seal of office this day of November, 2008.
Notary Public, State of Texas
Page 7 of 7
Contract for Services In Lieu of Annexation -- Sam Kane -- 11142008
'F'AC'T 1:
Field Notes for a 37.781 Acre tract of land being all of Sam Kane Tract "A", a map of which is
recorded in Volume 28, Page 38, Map Records of Nueces County, Texas, and a portion of Clarkwoud
Road; a 60.00 -foot -wide public roadway, said 37.781 acre tract being more fully described by metes and
bounds as follows:
Beginning at a point on the south boundary of Leopard Street, a 160.00 public roadway, same
being the northwest corner of said Tract "A" and of this tract;
Thence, South 6S"10'00" East, along the south boundary of said Leopard Street, a distance of
1676.27 feet for a corner of said Tract "A" and of this tract;
Thence, South 32"33'20" East, a distance of 98.52 feet to a point on the west boundary of said
Clarkwood Road, for a corner of said Tract "A" and of this tract;
Thence, South 89"56'00" East, a distance of 30.00 feet to a point on the centerline of said
Clarkwood Road, for a corner of this tract;
Thence, South 00"03'20" West, along the centerline of said Clarkwood Road, a distance of
613.22 feet for the southeast corner of this tract;
Thence, North 89°56'00" West, at 30.00 feet pass the west boundary of said Clarkwood Road, in
all a total distance of 1603.04 feet to the southwest corner of said Tract "A", and of this tract;
Thence, North 00°01'40" West, along the west boundary of said Tract "A", a distance of 1398.50
feet to the Point of Beginning and containing 37.781 Acres (1,645,732 square feet) of land.
Bearing are based on the recorded plat of Sam Kane Tract "A", a map of which recorded in
Volume 28, Page 38, Map Records of Nueces County, Texas.
Exhibit A
TRACT H:
Being a 16. 3639 acres, more or less out of Survey No. 416, State Abstract No. 838, and
being a portion of Share No. 3, George Frank Partition, as described in that certain
partition deed of tate George Frank Lands dated September 3, 1923 recorded in Volume
142, Page 579, Deed Record, of Nueces County, Texas, the tract herein described being
more particularly' described by metes and bounds as follows, to -wit:
Commencing -at -a -point- marked by a 1 -inch iron pipe lying in the North line of a 25. 48 -
acre tract of land described in Volume 144, at Page 86, Nueces County, Texas, lleed
Records, and also being North 89 degrees 56 minutes 0 seconds West, 379.04 feet from the
common line of Shares 3 and 4, Partition of the George Frank Lands, and also being the
Southwest corner of Sam Kane Tract A, a Subdivision of the City of Corpus Christi,
Nueces County, Texas;
'Thence North 89 degrees 56 minutes 0 seconds West, 412.63 feet on the South line of this
tract, and tate North line of the said 25. 48 -acre tract, to a point marked by a 1 -inch iron
pipe;
Thence North, 1617.13 feet to a point marked by a 1 -inch iron pipe lying in the South line
of State Highway No. 9 (Leopard Street), a 160 -foot roadway,
Thence on the South line of said State Highway No. 9, South 65 degrees 09 minutes East,
520.85 feet to a 1 1/2 -inch iron rod, and the Northwest corner of Sam Kane Tract A, a
Subdivision of the City of Corpus Christi, Nueces County, Texas.
Thence South, along the West boundary line of said Sam Kane Tract A, a Subdivision of
the City of Corpus Christi, Nueces, County, Texas, 1398.80 feet to the place of beginning.
TRACT 111:
Being a tract of land out of Share No. 3 of the Partition of the George Frank Land shown
by Deed of Partition of record in Volume 142, Page 579, Deed Records, Nueccs County,
Texas, and embracing a portion of Survey 416, patented to George Frank, Abstract 838,
noire fully described by metes and bounds as follows:
BEGINNING at an iron pipe in the South right of way line of State Highway No. 9, a 160
foot road, at the point of intersection with the dividing line between said Share 3 and Share
2, George Frank Partition, from whence the Northwest corner of the Sam Kane 10.50 acre
tract as described in Volume 907, Page 422, Deed Records, Nueces County, Texas, hears
South 6S° 09' 00" East a distance of 983.71 feet;
THENCE South 65° 09' 00" East along said State Highway No. 9 South right of way line, a
distance of 462.86 feet to an iron pipe for the Northeast corner;
THENCE South a distance of 1617.02 feet to an iron pipe for the Southeast corner;
THENCE North 89° 55' 10" West a distance of 420.00 feet to an iron pipe in the dividing
line between said Share 3 and Share 2, for the Southwest corner;
THENCE North along said dividing line, a distance of 1810.94 feet to the Northwest corner
and PLACE OF BEGINNING and containing in all a total of 16.526 acres of land;
Being the sank land conveyed by Frank Harmon and wife, Ida Hannon to Central Freight
Lines, Inc., by Deed dated January 11, 1962, recorded in Volume 948, Page 498, Deed
Records of Nueces County, Texas.
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SAM KANE 10 ACS OUT OF TR A
9001 LEOPARD ST
(SAM KANE MEATS)„ TX
Date Volume Page Seller Name..
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Bedrooms
e Description Area Year Built ER Year. Value
Commercial 57,158,362
G Building 109018 $3,924,648
Machine Room 2064 $33,024
W1 Stairway 112 $717
Open Porch 24 $192
Open Porch 252 $2,016
IP Ramo 300 81 990
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SPTB Description Area Market Ag Value
F2 Industrial Land 10.00000 435,600 0
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Assessed $707,351 $639,341 $639,341 $639,341
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WHSE Warehouse 6386 2001 2001 $91,001
LD -1 Average Loading Dock 1550 2001 2001 $17,670
CONC Concrete Parking Area 135300 2001 2001 $257,070
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F1 Commercial Land 24.36000 243,600 0
F1 Commercial Land 130680.00F 98.010 0
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SPTB Description
D1 Hay
D2 Waste/Wet Lands
'I'RAC'l' h
Field Notes for a 37.781 Acre tract of land being ail of Sam Kane Tract "A", a map 01 which is
recorded in Volume 28, Page 38, Map Records of Nueces County, Texas, and a portion of Clarkwood
Road, a 60.00-Iootwide public roadway, said 37.781 acre tract being more fully described by metes and
bounds as follows:
Beginning at a point on the south boundary of Leopard Street, a 160.00 public roadway, same
being the northwest corner of said Tract "A" and of this tract;
Thence, South 65"10'00" East, along the south boundary of said Leopard Street, a distance of
1675.27 feet for a corner of said Tract "A" and of this tract;
Thence, South 32"33'20" East, a distance of 98.52 feet to a point on the west boundary of said
Clarkwood Road, for a corner of said Tract "A" and of this tract;
Thence, South 89"56'00" East, a distance of 30.00 feet to a point on the centerline of said
Clarkwood Road, for a corner of this tract;
Thence, South 00"03'20" West, along the centerline of said Clarkwood Road, a distance of
613.22 feet for the southeast corner of this tract;
Thence, North 89"S6'00" West, at 30.00 feet pass the west boundary of said Clarkwood Road, in
all a total distance of 1603.04 feet to the southwest corner of said Tract "A", and of this tract;
Thence, North 00"01'40" West, along the west boundary of said Tract "A", a distance of 1398.50
feet to the Point of Beginning and containing 37.781 Acres (1,645,732 square feet) of land.
Bearing are based on the recorded plat of Sam Kane Tract "A", a map of which recorded in
Volume 28, Page 38, Map Records of Nueces County, Texas.
EXHIBIT B
TRACT 11:
Being a 16. 3639 acres, more or less out of Survey No. 416, State Abstract No. 838, and
being a portion of Share No. 3, George Frank Partition, as described in that certain
partition deed of the George Frank Lands dated September 3, 1923 recorded in Volume
142, Page 579, Deed Record, of Nueces County, Texas, the tract herein described being
more particularly described by metes and bounds as follows, to -wit:
Commencing at a point marked by a 1 -inch iron pipe Tying in the North line of a 25. 48 -
acre tract of land described in Volume 144, at Page 86, Nueces County, Texas, Deed
Records, and also being North 89 degrees 56 minutia; 0 seconds West, 379.04 feet from the
common line of Shares 3 and 4, Partition of the George Frank Lands, and also being the
Sonttnvesi corner of Sam Kane Tract A, a Subdivision of the City of Corpus Christi,
Nueces County, 'Texas;
'Thence North 89 degrees 56 minutes 0 seconds West, 412.63 feet on the South line of this
tract, and the North line of the said 25. 48 -acre tract, to a point marked by a 1 -inch iron
Pipe;
Thence North, 1617.13 feet to a point marked by a 1 -inch iron pipe Tying in the South line
of State Highway Nu. 9 (Leopard Street), a 160 -foot roadway,
Thence on the South line of said State Highway No. 9, South 65 degrees 09 minutes Last,
520.85 feet to a 1 1/2 -inch iron rod, and the Northwest corner of Sam Kane Tract A, a
Subdivision of the City of Corpus Christi, Nueces County, Texas.
Thence South, along the West boundary line of said Sam Kane Tract A, a Subdivision of
the City of Corpus Christi, Nueces, County, Texas, 1398.80 feet to the place of beginning.
T'RAC'T' 111:
Being a tract of land out of Share No. 3 of the Partition of the George Frank Land shown
by Deed of Partition of record in Volume 142, Page 579, Deed Records, Nueces County,
Texas, and embracing a portion of Survey 416, patented to George Frank, Abstract 838,
more fully- described by metes and bounds as follows:
BEGINNING al an iron pipe in the South right of way line of State Highway No. 9, a 160
foot road, at the point of intersection with the dividing line between said Share 3 and Share
2, George Frank Partition, from whence the Northwest corner of the Sum Kane 10.50 acre
tract as described in Volume 907, Page 422, Deed Records, Nueces County, Texas, hears
South 65° 09' 00" East a distance of 983.71 feet;
THENCE. South 65° 09' 00" East along said State Highway No. 9 South right of way line, a
distance of 462.86 feet to an iron pipe for the Northeast corner;
THENCE South a distance of 1617.02 feet to an iron pipe for the Southeast corner;
THENCE North 89° 55' 10" West a distance of 420.00 feet to an iron pipe in the dividing
line between said Shaine 3 and Share 2, for the Southwest corner;
THENCE North along said dividing line, a distance of 1810.94 feet to the Northwest corner
and PLACE OF BEGINNING and containing in all a total of 16.526 acres of land;
Being the sank land conveyed by Frank Harmon and wife, Ida Harmon to Central Freight
Lines, Inc., by Deed dated January 11, 1962, recorded in Volume 948, Page 498, Deed
Records of Nueces County, Texas.