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HomeMy WebLinkAbout027958 ORD - 11/18/2008Page 1 of 3 AN ORDINANCE DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS, APPROXIMATELY 61.32 ACRE TRACT OF LAND OWNED BY ANN MCMASTER, GENERAL PARTNER, HARING HEIRS, LOCATED IN NUECES COUNTY, ON CLARKWOOD ROAD, 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 Ann McMaster, General Partner, Haring Heirs, executes a contract for services in lieu of annexation, attached as Exhibit "A", that an approximately 61.32 acre tract of land, as described in the attached Exhibit "B", owned by Ann McMaster, General Partner, Haring Heirs, located on Clarkwood Road, 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 61.32 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 Disannex Ordinance 11142008mcmaster.doc 027958 Page 2 of 3 ordinances at two regular meetings so that this ordinance i assed and takes effect upon first reading as an emergency measure on this the day of November, 2008. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI kI'/Lta. 1.a_4� H my Garr Mayor APPROVED: This 15th day of December, 2008: R. J ining F. st sistant ity Attorney For City Attorney Disannex Ordinance 11142008mcmaster.doc Page 3 of 3 Corpus Christi, Texas Day of 1401/04. , 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: I/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, Il/Lea, 1(,LA I He Garrett ayor City of Corpu Christi Council Members The above ordinance was passed by the following vote: Henry Garrett tAL, Melody Cooper( Larry Elizondo, Sr. LAt I vdt U 0 .--„,/ ' 0 Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Disannex Ordinance 11142008mcmaster.doc 027958 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"), Ann McMaster, General Partner, Haring Heirs, ("Landowner"), and Sam Kane Beef Processors, Inc. ("Sam Kane"). 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, Landowner 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. 6," 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 Landowner 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 within its extraterritorial jurisdiction in lieu of annexation; and 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 Landowner 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 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. Page 1 of 7 Kane Contract for Services In Lieu of Annexation -- Landowner#6 -- 11142008.doc FXHIRIT A 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, including water, wastewater, gas, and storm water services. Utility services will be provided at inside city limits rates. B. Further, City and Landowner agree that during the term of this Contract, Landowner shall comply with the City's: 1. Ordinances, rules, or regulations governing zoning and platting of the land. Landowner 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 Landowner'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. Landowner covenants and agrees that during the term of this Contract, Landowner will not use or permit the use of the land and improvements covered by this Contract for purposes not authorized by the City's Comprehensive Plan. D. Landowner 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 Landowner 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 Landowner'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 Landowner. 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 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. Page 2 of 7 Kane Contract for Services In Lieu of Annexation -- Landowner#B -- 11142008.doc ul. Each year during the term of this Contract, Sam Kane Beef Processors, Inc., shall pay to the City, for the Landowner, 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 Landowner if the land were situated within the city limits of City. IV. A. Sam Kane 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 Landowner'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 Landowner 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 Landowner 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 Landowner 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 Landowner 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 Landowner, Landowner 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 Landowner to City under this Contract on the basis of renditions filed by Landowner with City's Collection Section for that year on the basis of 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 Page 3 of 7 Kane Contract for Services In Lieu of Annexation -- Landowner#6 -- 11142006.doc the controversy, then within thirty (30) days thereafter Landowner 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 Landowner'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 Landowner, then within thirty (30) days thereafter City shall make to Landowner any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI. A. If Landowner or Sam Kane fails or refuses to comply with all or any of the terms, conditions, and obligations in this Contract imposed upon the Landowner or Sam Kane, 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. The lands are automatically annexed into the City upon termination of the Contract. B. If Landowner or Sam Kane 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, Landowner 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 Landowner elects to pursue this remedy, then so long as City specifically performs its obligations under this Contract, under injunctive order or otherwise, Landowner shall continue to make the annual payments required by this Contract. VII. Landowner agrees to provide to City at Landowner's expense, a survey plat and field note description of the land. VIII. A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or possessed by Landowner, 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 Landowner, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be Page 4 of 7 Kane Contract for Services In Lieu of Annexation -- Landowner#6 -- 11142008.doc borne equally by the Landowner; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.1. If City and Landowner are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Landowner 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 Landowner or Sam Kane 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 Landowner. (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, Landowner, and Sam Kane, and upon Landowner's and Sam Kane's successors and assigns, affiliates and subsidiaries, and remains in force whether Landowner or Sam Kane 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. 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. Page 5 of 7 Kane Contract for Services In Lieu of Annexation -- Landowner#6 -- 11142008.doc XI. 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 City Secretary LEGAL FORM APPROVED: November R. Jay Reining First Assistant City Attorney For City Attorney 'Angel R. Escobar City Manager , 2008 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 LANDOWNER Haring Heirs By: Ann McMaster, General Partner, Page 6of7 Kane Contract for Services In Lieu of Annexation -- Landowner#6 -- 11142008.doc 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 Ann McMaster, General Partner, Haring Heirs, 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 SAM KANE BEEF PROCESSORS, INC. LANDOWNER By: Jerry Kane President and CEO SAM KANE BEEF PROCESSORS' 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, President and CEO, Sam Kane Beef Processors, Inc., a Texas for-profit corporation, 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 Kane Contract for Services In Lieu of Annexation -- Landowner#6 -- 11142006.doc "The Surface Estate Only: A portion of Farm Lots Bos. Twenty-five (25) and Twenty-six (26) of the H. 8. Sheppard Farm Lots, as shown by the plat of said subdivision of record In the Nap Records, of Nueces County, Texas; said property being particu- larly described, by metes and bounds, as follows: BEGINNING on the Eastern boundary line of said Farm Lot No. 26 at a point 66.66 feet South of its North- east corner, THENCE along the East boundary line of said Farm Lot No. 26, passing its Southeast corner and North- east corner of Farm Lot No. 25 and continuing along the East boundary line of said Farm Lot No. 25, South, a total distance of 1946.67 feet more or less, to a point 626.67 feet North of the Southeast corner of said Fara Lot No. 25; THENCE Neat across said Farm Lot No. 25, 2744.44 feet to a point on the Nest line thereof, 626.67 feet North of its Southwest corner; THENCE North along the East boundary line of said Farm Lots Nos. 25 and 26, a total distance of 1946.67 feet to a point 66.66 feet South of the Northwest corner of said Farm Lot No. 26; THENCE East, across said Farm Lot No. 26, 2744.44 feet to the PLACE OF BEGINNING, containing 122.5 acres, lying, being and situated in the County of Nueces, State of Texas." be made as follows, to-wit: FIRST TRACT: The said Sally Ann Loring Fortenberry Reynolds, shall from henceforth have, hold, possess and enjoy, in severalty by herself and to her and her heirs and assigns for her part, ■hare, interest and the proportion of the said lands and premises the following part of the above described land; and the Haring Heirs do Grant, Release and Confirm unto the said Sally Ann Loring Fortenberry Reynolds, the hereinafter described property, to Have and to Hold, with all and singular the rights, hereditaments and appurtenances thereto in anywise belonging, unto the said Sally Ann Loring Forteobetry Reynolds, her heirs and assigns, forever, being more particularly described as follows, to-wit: NORTH PORTION: Being 61.32 acres out of a 122.5 acre (called) Tract located in the H. 8. Sheppard Farm Lots, Nueces County, Texas. Said 122.55 acre Tract being out of Portions of Lots 25 & 26 of the H. B. Sheppard Farm Lots and was passed in Probate Exhibit A from Lura Loring to Sally Ann Loring Reynolds and Valleri LaGasse Hazing (Deceased) in Vol. 2094, page 434-436 on January 13, 1988. Said 61.32 acre tract being more particularly described by metes and bounds, to -wit: BEGINNING at a cotton spindle set in the N.S. corner of this tract from whence the N.E. corner of Lot 26 bears N. 0 43'17"E., 66.66 feet, THENCE S. 0 43'17"W., 973.36 feet with the East line of this and Lot 26, set a cotton spindle from whence the S.E. corner of Lot 26 bears S.0 43'17"W., 280 feet and the S.W. corner of Lot 27 (Center of Still- well Rd.) THENCE 5.89 17'41"W., at 40.00 feet set a 3/4" pipe, then 2669.12 feet set a 3/4" pipe East of Clarkwood and then 35.00 feet for a total of 2744.12 feet set a cotton spindle in Clarkwood Road for the S.W. corner of this Tract from whence the S.W. corner of Lot 26 bears S.0 43'21"E., 280.00 feet, THENCE N.0 43'21"W., 973.31 feet with the Center of Clarkwood Road and the W. line of this Tract set a cotton spindle in the N.W. coiner of this tract from whence the N.W. corner of Lot 26 bears N.0 43'21"W., 66.66 feet, THENCE N.89 17'38"E., at 35.00 feet set a 3/4" pipe, then with the N. line of this tract 2669.14 feet set a 3/4" pipe W. of Stillwell Road, then 40.00 feet for a total of 2744.14 feet to the PLACE OF BEGINNING. SECOND TRACT: The said Haring Heirs shall from henceforth have, hold, possess and enjoy in severalty by themselves and to them and their heirs and assigns, for their part, share, interest and proportion of the said land and premises, the following part of the above described land in Nueces County, Texas and Sally Ann Loring Fortenberry Reynolds does Grant, Release and Confirm unto the said Haring Heirs the hereinafter described property, to Have and to Hold same with all and singular the rights, hereditaments and appurtenances thereto in anywise belonging unto the said Haring Heirs, their heirs and assigns, forever, being more particularly described as follows, to -wit: SOUTH PORTION: Being 61.32 acres out of a 122.50 acre (called) Tract located in the H.B. Sheppard Farm Lots, Nueces County, Texas. Said 122.50 acre tract being out of Portions of Lots 25 a 26 of the H.B. Sheppard Farm Lots and was passed in Probate from Lura Loring to Sally Ann Loring Reynolds and Valleri LaGasse Haring (Deceased) in Vol. 2094, page 434-436 on January 13, 1988. Said 61.32 acre tract being more particularly described by metes and bounds, to -wit: BEGINNING at a cotton spindle set in the S.E. corner of this tract from whence the S.E. corner of Lot 25 bears S.0 43'17"E., 626.68 feet with the E. line of Lot 25 and bears S.0 43' 17"E., 1946.71 feet to a pipe in the S.E. corner of Lot 22, THENCE S.89 17'45"W., 40.00 feet set a 3/4" pipe in the S. line of this tract, then 2669.10 feet set a 3/4" pipe on the E. side of Clarkwood Road, then 35.88 feet for a total of 2744.10 feet set a cotton spindle in the Center of Clarkwood Road, from whence the S.W. corner of Lot 22 bears 5.0 43'21"E., 1946.62 feet to a 1" pipe, THENCE N.9 43'21"W., 973.31 feet with the W. line of this, the Center of Clarkwood Road passing from Lot 25 to Lot 26 set a cotton spindle in the N.N. corner of this tract, THENCE N.89 17'41"E., 35.00 feet, set a 3/4" pipe, then 2669.12 feet, with the N. line of this tract set a 3/4" pipe, then 46.66 feet for a total of 2744.12 feet to the PLACE OF BEGINNING. SUBJECT to all easements, restrictions and reservations of record in the office of the County Clerk of said County and State, affecting the above described property, or its use. z ❑cc U a cn �^ N W O O O a 4- N O O N 69696919691011,69 J f9 • CI t^G DJcn N H 19 tel N 19 � OM N • 19 a M ^O O In. A 01 Oti N v- 49 9 �f9 49 69 61 19 W • NW A r - • t7 0 0 r 69 19 E i H N 0 1 2 2 2 SZ Si F 0.1 a a c c 0 E E 3 3¢¢~ E i ./ r I 0 d m R m 1" -- el o N CO O 0) O O O V 69 N O O N CO IA 19 M 19 Vi Vi e9 CO A m N eG -4,te3694,a49 A m c0 N cc; N Ol O O O V N O O N CO 69 49 19 f9 40 69 69 . 69 0 A n rn m f0 N co h N f9 NN • N CD X X Z x 2 6 6 c c E E 3 3 V 2 70.0 W W E E yin a a F F x 0 N H Sri W OS< m OUo 0 SNL NL- J J n J_ Z X Uct Ohm ('J ~ Z haw a00 SUR' 0 0 "The Surface Estate Only: A portion of Farm Lots Nos. Twenty-five (25) and Twenty-six (26) of the H. B. Sheppard Farm Lots, as shown by the plat of said subdivision of record in the Map Records, of Muecss County, Texas; said property being particu- larly described, by metes and bounds, as follows: BEGINNING on the Eastern boundary line of said Fara Lot No. 26 at a point 66.66 feet South of its North- east corner, ?HENCE along the East boundary line of said Farm Got No. 26, passing its Southeast corner and North- east corner of Farm Lot No. 25 and continuing along the East boundary line of said Farm Lot No. 25, South, a total distance of 1946.67 feet more or less, to a point 626.67 feet North of the Southeast corner of said Farm Lot No. 25; ?HENCE Nest across said Farm Lot No. 25, 2744.44 feet to a point on the West line thereof, 626.67 feet North of its Southwest corner; THENCE North along the East boundary line of said Tara Lots Nos. 25 and 26, a total distance of 1946.67 feet to a point 66.66 feet South of the Northwest corner of said Farm Lot No. 26; THENCE East, across said Farm Lot No. 26, 2744.44 feet to the PLACE OF BEGINNING, containing 122.5 acres, lying, being and situated in the County of Nueces, State of ." be made as follows, to -wit: FIRST TRACT: The said Sally Ann Loring Fortenberry Reynolds, shall from henceforth have, hold, possess and enjoy, in severalty by herself and to her and her heirs and assigns for her part, ■hare, interest and the proportion of the said lands and premises the following part of the above described land; and the Haring Heirs do Grant, Release and Confirm unto the said Sally Ann Loring Fortsnberzy Reynolds, the hereinafter described property, to Have and to Hold, with all and singular the rights, hereditaments and appurtenances thereto in anywise belonging, unto the said Sally Ann Loring Fortenberry Reynolds, her heirs and assigns, forever, being more particularly described as follows, to -wit: NORTH PORTION: Being 61.32 acres out of a 122.5 acre (called) Tract located in the H. B. Sheppard Farm Lots, Hueco* County, Texas. Said 122.51 acre Tract being out of Portions of Lots 25 5 26 of the H. B. Sheppard Farm Lots and was passed in Probate EXHIBIT B from Luca Loring to Sally Ann Loring Reynolds and Valleri LaGasse Haring (Deceased) in Vol. 2094, page 434-436 on January 13, 1988. Said 61.32 acre tract being more particularly described by metes and bounds, to -wit: BEGINNING at a cotton spindle set in the N.B. corner of this tract from whence the O.E. corner of Lot 26 bears N. E 43'17"E., 66.66 feet, THENCE S. 8 43'17"W., 973.36 feet with the East line of this and Lot 26, set a cotton spindle from whence the S.E. corner. of Lot 26 bears S.0 43'17"W., 280 feet and the S.W. corner of Lot 27 (Center of Still- well Rd.) THENCE 8.89 17'41"W., at 40.00 feet set a 3/4" pipe, then 2669.12 feet set a 3/4" pipe East of Clarkwood and then 35.00 feet for a total of 2744.12 feet set a cotton spindle in Clarkwood Road for the S.W. corner of this Tract from whence the S.W. corner of Lot 26 bears S.0 43'21"E., 280.00 feet, THENCE 0.0 43'21"W., 973.31 feet with the Center of Clarkwood Road and the W. line of this Tract set a cotton spindle in the N.W. corner of this tract from whence the N.W. corner of Lot 26 bears 6.0 43'21"W., 66.66 feet, THENCE N.89 17'38"E., at 35.00 feet set a 3/4" pipe, then with the N. line of this tract 2669.14 feet set a 3/4" pipe W. of Stillwell Road, then 40.00 feet for a total of 2744.14 feet to the PLACE OF BEGINNING. SECOND TRACT: The said Hering Heirs shall from henceforth have, hold, possess and enjoy in severalty by themselves and to them and their heirs and assigns, for their part, share, interest and proportion of the said land and premises, the following part of the above described land in Nueces County, Texas and Sally Ann Loring Fortenberry Reynolds does Grant, Release and Confirm unto the said Haring Heirs the hereinafter described property, to Have and to Hold same with all and singular the rights, hereditaments and appurtenances thereto in anywise belonging unto the said Haring Heirs, their heirs and assigns, forever, being more particularly described as follows, to -wit: SOUTH PORTION: Being 61.32 acres out of a 122.50 acre (called) Tract located in the H.B. Sheppard Farm Lots, Nueces County, Texas. Said 122.58 acre tract being out of Portions of Lots 25 6 26 of the H.B. Sheppard Farm Lots and was passed in Probate from Lura Loring to Sally Ann Loring Reynolds and Walled LaGasse Haring (Deceased) in Vol. 2094, page 434-436 on January 13, 1988. Said 61.32 acre tract being more particularly described by metes and bounds, to -wit: BEGINNING at a cotton spindle set in the S.S. corner of this tract from whence the S.E. corner of Lot 25 bears S.0 43'17"E., 626.68 feet with the E. line of Lot 25 and bears S.0 43' 17"E., 1946.71 feet to a pipe in the S.E. corner of Lot 22, THENCE 6.89 17'45"w., 40.00 feet set a 3/4" pipe in the S. line of this tract, then 2669.10 feet set a 3/4" pipe on the E. side of Clarkwood Road, then 35.81 feet for a total of 2744.10 feet set a cotton spindle in the Center of Clarkwood Road, from whence the S.W. corner of Lot 22 bears 8.0 43'21"1., 1946.62 feet to a 1" pipe, THENCE 11.6 43'21"N., 973.31 feet with the N. line of this, the Center of Clarkwood Road passing from Lot 25 to Lot 26 set a cotton spindle in the N.N. corner of this tract, THENCE 1.89 17'41"E., 35.16 feet, set a 3/4" pipe, then 2669.12 feet, with the N. line of this tract set a 3/4" pipe, then 41.11 feet for a total of 2744.12 feet to the PLACE OF BEGINNING. SUBJECT to all easements, restrictions and reservations of record in the office of the County Clerk of said County and State, affecting the above described property, or its use.