HomeMy WebLinkAbout030309 RES - 10/14/2014 RESOLUTION
GRANTING A DEVELOPMENT AGREEMENT FOR PROPERTIES IN THE PROPOSED
SOUTHSIDE FM 2444 ANNEXATION AREA WHERE THE PROPERTY CONTAINS AN
AGRICULTURAL, WILDLIFE MANAGEMENT, OR TIMBER LAND EXEMPTION
ESTABLISHED BY THE NUECES COUNTY APPRAISAL DISTRICT AND WHERE THE
PROPERTY OWNER HAS REQUESTED THE CITY GRANT A DEVELOPMENT AGREEMENT
IN LIEU OF ANNEXATION ON THEIR QUALIFYING PROPERTY; PROVIDING FOR A 15
YEAR TIME LIMIT; PROVIDING THAT THE CITY WILL NOT ANNEX LAND THAT IS THE
SUBJECT OF A DEVELOPMENT AGREEMENT; PROVIDING THAT THE DEVELOPMENT
AGREEMENT AUTHORIZES THE CITY TO ENFORCE ALL REGULATIONS AND PLANNING
AUTHORITY OF THE MUNICIPALITY PROVIDED THE AUTHORITY DOES NOT INTERFERE
WITH THE USE OF THE AREA FOR AGRICULTURE, WILDLIFE MANAGEMENT, OR
TIMBER LAND USES; PROVIDING THAT THE AREA UNDER THE DEVELOPMENT
AGREEMENT IS CONSIDERED ADJACENT OR CONTIGUOUS TO THE CITY; PROVIDING
THAT THE AGREEMENT IS AUTOMATICALLY TERMINATED IF THE LANDOWNER FILES
ANY TYPE OF SUBDIVISION PLAT OR RELATED DEVELOPMENT DOCUMENT
REGARDLESS OF HOW THE PROPERTY IS APPRAISED BY THE NUECES COUNTY
APPRAISAL DISTRICT; PROVIDING THAT THE AGREEMENT WILL BE FILED WITH THE
NUECES COUNTY CLERK; PROVIDING FOR SEVERANCE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Corpus Christi desires to annex land, located south and southwest of the
existing city limits and considered to be in the City's primary growth corridor;
WHEREAS, Local Government Code, Section 43.035 requires a municipality to offer each
property owner in the annexation area with an agricultural or wildlife management or timber land
exemption on their property a Development Agreement to be excluded from the municipal
annexation;
WHEREAS, a letter was sent to each property owner on July 17, 2014, offering a Development
Agreement to guarantee extraterritorial status of the area and authorizes the enforcement of all
regulations and planning authority of the municipality that does not interfere with the use of the
area for an agricultural or wildlife management or timber land exemption;
WHEREAS, the proposed Development Agreement prohibits the owner from constructing or
allowing to be constructed wind energy units on the land for the commercial sale of wind energy
as defined in the Unified Development Code, Section 5.6;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Council finds that approving the proposed Development Agreement
(Exhibit A) with property owners having land in the area that meets the requirements for
exemptions contained in Local Government Code 43.035 is in the public interest.
030309
INDEXED
SECTION 2. That Development Agreement contained in the Exhibit A shall pertain to the
properties described in Exhibits B thru G and shall be in effect for a period of up to 15 years
providing that the property owner does not violate the agreement by filing a subdivision plat,
by constructing or allowing to be constructed a wind turbine for commercial resale of
electricity or by not maintaining an exemption for agricultural use or wildlife management or
timber land with the Nueces County Appraisal District;
SECTION 3. That the owners and inhabitants of the tracts or parcels of land are subject to
all regulations and planning authority of the municipality that does not interfere with the
property exemption for agricultural use or wildlife management or timber land;
SECTION 4. That the official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this resolution considered adjacent or contiguous to the City of Corpus Christi,
Texas;
SECTION 5. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extra territorial jurisdiction to designate the properties herein as covered by a
development agreement;
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of the resolution shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this resolution for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 7. This resolution goes into effect at'TTJ r.m, C �,.113201 4.
1
PASSED AND APPROVED this I day of l , L be// , 2014 at a Regular
Meeting of the City Council of the City of Corpus Christi, Texas.
ATTEST. CITY OF CORPUS CHRISTI
Rebecca Huerta Nelda Martinez
City Secretary Mayor
Corpus Christi, Texas
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/ 14
The above resolution was passed by the following vote:
Nelda Martinez (2 I
Kelley Allen -♦
Rudy Garza
Priscilla Leal 641414
•
David Leob
Chad Magill
Colleen McIntyre �i►..
Lillian Riojas IP,
Mark Scott IF •
Exhibit A: Letter To Property Owners and Development Agreement Per Local
Government Code 43.035 for Agricultural or Wildlife Management or Timber Land
July 17, 2014
[Name]
[Address]
LEGAL DESCRIPTION:
TAX ID #:
SUBJECT: Proposed Annexation—Southside FM 2444 Area
Dear Property Owner:
On July 15, 2014, the City of Corpus Christi initiated the process to expand its
corporate boundaries by proposing to annex 10,463 acres of land generally located
south and southwest of the city. (See attached map) The purpose of this letter is to invite
you as a property owner of record to annexation public hearings and to provide a
sample development agreement, per state law, that could allow qualifying property
owners to opt out of the annexation.
To allow for public comment, questions, and general input on the annexation as
proposed, the City Council has scheduled two (2) public hearings on this issue. The
first public hearing will be held on August 19, 2014. The second will be held on August
26, 2014. Both public hearings will be held at the Corpus Christi City Council
Chamber, 1St Floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas,beginning
around 11:30 a.m. All interested parties are encouraged to attend and offer comment.
In lieu of annexation, State law requires the City to offer some properties a
development agreement instead of annexation. If your land is appraised for ad valorem
tax purposes as land for agricultural or wildlife management use under Subchapter C or
D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E, Chapter 23,
Texas Tax Code, you are eligible to negotiate and enter a development agreement with
the City (sample enclosed). Such an agreement provides for the continuation of the
extraterritorial jurisdiction status of your land so long as the use of your land that
entitles you to the agreement does not change. Should the use of your land change to a
use other than agricultural, wildlife management or timber land, the agreement would
automatically terminate and the land would be annexed into the City at such time,
regardless of how the land is appraised for ad valorem tax purposes. Entering an
agreement will authorize the enforcement of all regulations and planning authority of
the City that do not interfere with the use of your land for agriculture, wildlife
management, or timber land. Such regulations include the Unified Development Code,
building codes, nuisance regulations, animal control, and general health and sanitation
regulations. For your information, entering into this agreement will prohibit the
construction of a windfarm on your property. If your property qualifies and you
Proposed Annexation—Southside FM 2444 Area
July 17, 2014
Page 2
intend to enter into a Development Agreement, please notify us within (30) days of
the date this letter. (See contact info below)
For your information, entering into the Development Agreement will not cause
or allow the City to levy city property taxes on your property. If the City does not
receive notification of intent to enter into a Development Agreement within thirty (30)
days of the date of this letter we will assume that you are not interested in entering into
an agreement.
City services will be provided to your property in accordance with a Municipal
Services Plan that will be formally adopted by City Council as part of this process. In
general,upon annexation into the City,the City will immediately provide police patrol,
fire protection, emergency medical response and solid waste pickup for residential
properties. A proposed Municipal Services Plan for the Southside FM 2444 area will be
posted on the City's website by August 19, 2014. (www.cctexas.com)
The Corpus Christi City Council has identified the need to create consistency
and unity in regulation of future land use,platting and the provisions of municipal
services as it relates to our growing and changing community. The Council has
expressed a strong desire to protect and defend the interests of property owners—and to
effectively manage growth and development in the areas commonly recognized as part
of the Corpus Christi community. The application of City zoning,building, and land
development regulations to any neighboring properties that are annexed as part of this
process will, over the long term,help protect your property values. Additionally, the
inclusion of this area into the City limits will provide better uniformity in the provision
of public safety services such as police, fire and EMS.
We are committed to assisting you throughout the process by providing any
information relating to this pending annexation or answering questions that you may
have. Please contact Bob Payne, Special Projects Coordinator at 361-826-3572 or by
email at bobpayne@cctexas.com with any questions and if you wish to pursue a
Development Agreement.
Respectfully,
Barney Wit ,P.B.
Interim Dir. or of Development Services
Enclosures
Annexation Area Map
Development Agreement
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DEVELOPMENT AGREEMENT
UNDER SECTION 43.035, TEXAS LOCAL GOVERNMENT CODE
This Development Agreement under Section 43.035, Texas Local Government Code (the Agreement") is
entered between the City of Corpus Christi, Texas (the"City") and the undersigned property owner(s) (the
"Owner") The term Owner shall include all owners of the Property. The City and the Owner are
collectively referred to as the Parties.
WHEREAS, the Owner owns a parcel of real property in Nueces County, Texas, which is more
particularly described in the attached Exhibit "A" (the "Property") that is appraised for ad valorem tax
purposes as land for agricultural, wildlife management, or timber land under Chapter 23, Texas Tax
Code;
WHEREAS, under Section 43.035 the City is required to offer to make a development agreement with the
Owner that will provide for the continuation of the extraterritorial status of the area and authorize the
enforcement of all regulations and planning authority of the City that do not interfere with the use of the
area for agriculture, wildlife management, or timber;
WHEREAS, Section 43.035 provides that the restriction or limitation on the City's annexation of all or part
of the Property under this Agreement is void if the Owner files any type of subdivision plat or related
development document for the Property, regardless of how the area is appraised for ad valorem tax
purposes;
WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in
consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172, Texas Local
Government Code;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto
agree as follows:
Section 1. Extraterritorial Jurisdiction Status of Property. The City agrees that the Property shall
remain in the City's extraterritorial jurisdiction (the "ETJ") and the City shall not annex the Property during
the term of this Agreement, subject to the terms and conditions of this Agreement.
Section 2. Owner's Obligations. In consideration of the City's agreement not to annex the Property
and as a condition of the Property remaining in the City's ETJ, the Owner covenants and agrees to the
following:
(a) The Owner shall use the Property only for agriculture, wildlife management, and/or timber
land uses, as defined by Chapter 23 of the Texas Tax Code, that are existing on the
Effective Date of this Agreement, except for single-family residential use existing on the
Effective Date or as otherwise provided by this Agreement.
(b) The Owner shall not subdivide the Property, or file for approval of a subdivision plat, site
plan, or related development document for the Property with Nueces County or the City
until the Property is annexed into and zoned by the City.
(c) The Owner shall not construct or allow to be constructed any building or structure on the
Property that requires a building permit until the Property is annexed into and zoned by
the City. Accessory structures authorized under the City's Unified Development Code
and buildings or structures that are related to and necessary for the use of the Property
as authorized under Section 2(a) (excluding new single family residences)are exceptions
to this Section 2(c), provided that the Owner obtains required building permits prior to
construction.
(d) The City's zoning regulations shall apply to the Property, and in addition to the uses
authorized by the Unified Development Code, the Property may also be used for wildlife
management or timber land, as defined by Chapter 23 of the Texas Tax Code, if such
uses existed on the Effective Date of this Agreement. Fences shall not be subject to
setback requirements. The City's building codes and regulations shall apply to the
Property except as provided otherwise in this Section 2(d). Any buildings or structures
constructed on the Property after the Effective Date shall be constructed in compliance
with the regulations in the Unified Development Code and applicable building codes and
regulations, provided that building permits and related inspections shall only be required
for the construction of a new single family residence and additions to an existing single
family residence that are authorized to be located on the Property under this Agreement.
(e) The Owner shall not construct or allow to be constructed wind energy units on his land for
the commercial sale of wind energy as defined in the Unified Development Code, Section
5.6.
Section 3. Development and Annexation of Property.
(a) The following occurrences shall be deemed the Owner's petition for voluntary annexation of
the Property, and the Property may subsequently be annexed at the discretion of the City
Council:
(1) The filing of any application for plat approval, site plan approval, building permit or
related development document for the Property, or the commencement of development
of the Property, except as specifically authorized herein.
(2) The Owner's failure to comply with Section 2.
(3) The Property no longer being appraised for ad valorem tax purposes as land for
agricultural, wildlife management, or timber land under Chapter 23, Texas Tax Code,
or successor statute, unless the Property is no longer appraised for such purposes
because the Legislature has abolished agricultural, wildlife management, or timberland
exemptions, provided that the Owner is in compliance with Section 2.
(4) The filing for voluntary annexation of the Property into the City by the Owner.
(5) The expiration of this Agreement.
(b) The Owner agrees that annexation initiated due to an occurrence under Section 3(a) shall be
voluntary and the Owner hereby consents to such annexation as though a petition for such
annexation had been tendered by the Owner. Upon annexation, municipal services shall be
provided to the Property in accordance with the adopted municipal services plan.
Section 4. Application of City Regulations. Pursuant to Section 43.035(b)(1)(B), Texas Local
Government Code, the Property is subject to all of the City's regulations, as they are amended from time
to time, and planning authority that do not materially interfere with the use of the Property for agriculture,
wildlife management, or timber, in the same manner the regulations are enforced within the City's
boundaries and the Owner acknowledges and agrees that the City is hereby authorized to enforce said
regulations and planning authority except as specifically provided otherwise herein.
Section 5. Term. The term of this Agreement(the"Term") is fifteen (15) years from the Effective Date.
Section 6. Vested Rights Claims. This Agreement is not a permit for the purposes of Chapter 245,
Texas Local Government Code. The Owner hereby waives any and all vested rights and claims that the
Owner may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that
would otherwise exist by virtue of any actions Owner takes or has taken in violation of Section 2 herein.
The Owner further waives any and all vested rights and claims that the Owner may have under Section
43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue
of any application, plan, plat or construction the Owner may file or initiate with respect to the Property
following the expiration of this Agreement prior to annexation of the Property by the City, provided that the
City initiates annexation proceedings within one year following the expiration of this Agreement.
Section 7. Authorization.
(a) All parties and officers signing this Agreement warrant to be duly authorized to execute this
Agreement.
(b) The Owner acknowledges that each and every owner of the Property must sign this Agreement
in order for the Agreement to take full effect. The failure of each and every owner of the Property
to sign this Agreement at the time of approval and execution by the City shall result in the
Agreement being void, and the City may, within its discretion, annex the Property in accordance
with applicable law.
Section 8. Notice. Any person who sells or conveys any portion of the Property shall, prior to such sale
or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall
give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs,
successor, and assigns shall give the City written notice within 14 days of any change in the agricultural
exemption status of the Property. A copy of the notices required by this Section shall be sent by personal
delivery or certified mail, return receipt requested, to the City at the following address:
City of Corpus Christi
Attn: City Manager
PO Box 9277
Corpus Christi, Texas 78469-9277
Notices required to be sent to the Owner shall be sent by personal delivery or certified mail, return receipt
requested, to the Owner at the following address:
Section 9. Covenant Running with the Land. This Agreement shall run with the Property, and a
memorandum of this Agreement in a form substantially similar to that set forth in Exhibit "B" shall be
recorded in the Official Public Records of Nueces County, Texas. The Owner and the City acknowledge
and agree that this Agreement is binding upon the City and the Owner and their respective successors,
executors, heirs, and assigns, as applicable, for the term of this Agreement. Conveyance of the Property,
or portions thereof, to subsequent owners does not trigger a request for voluntary annexation unless
Section 2 is also violated.
Section 10. Severability. If any provision of this Agreement is held by a court of competent and final
jurisdiction to be invalid or unenforceable for any reason, then the remainder of the Agreement shall be
deemed to be valid and enforceable as if the invalid portion had not been included.
Section 11. Amendment and Modifications. This Agreement may be amended or modified only in a
written instrument that is executed by both the City and the Owner after it has been authorized by the City
Council.
Section 12. Gender, Number and Headings. Words of any gender used in this Agreement shall be
held and construed to include any other gender, and words in the singular number shall be held to include
the plural, unless the context otherwise requires. The headings and section numbers are for convenience
only and shall not be considered in interpreting or construing this Agreement.
Section 13. Governmental Immunity; Defenses. Nothing in this Agreement shall be deemed to waive,
modify, or amend any legal defense available at law or in equity to either the City or Owner, including
governmental immunity, nor to create any legal rights or claims on behalf of any third party.
Section 14. Enforcement; Waiver. This Agreement may be enforced by any Owner or the City by any
proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of
this Agreement thereafter.
Section 15. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect
the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to
the terms of this Agreement.
Section 16. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas.
This Agreement shall be construed under and in accordance with the laws of the State of Texas.
Section 17. Counterparts. This Agreement may be separately executed in individual counterparts and,
upon execution, shall constitute one and same instrument.
Section 18. Effective Date. This Agreement shall be in full force and effect as of the date of approval of
this Agreement by the City Council, from and after its execution by the Parties.
Section 19. Sections to Survive Termination. This Agreement shall survive its termination to the
extent necessary for the implementation of the provisions related to annexation of the Property into the
City.
Entered into this day of , 2014.
Owner(s)
Printed Name:
Printed Name:
City of Corpus Christi, Texas
STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME the undersigned authority on this day personally appeared
Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document
and that s/he executed such document for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ,
2014.
Notary Public -State of Texas
STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME the undersigned authority on this day personally appeared
Owner of the Property, and acknowledged that s/he is fully authorized to execute the foregoing document
and that s/he executed such document for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ,
2014.
Notary Public -State of Texas
STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME the undersigned authority on this day personally appeared , City of Corpus Christi,
Texas and acknowledged that he is fully authorized to execute the foregoing document and that he
executed such document for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of ,
2014.
Notary Public -State of Texas
DEVELOPMENT AGREEMENT
Nueces County Appraisal District Tax Id.#:
Nueces County Appraisal District Property Description:
MEMORANDUM OF RECORD
NOTICE OF DEVELOPMENT AGREEMENT
STATE OF TEXAS §
§
COUNTY OF NUECES §
Whereas, the undersigned ("Owner") and the City of Corpus Christi (the "City"), entered into that certain Development
Agreement under Section 43.035, Texas Local Government Code dated , 20 , (the"Agreement");
Whereas, Owner and the City entered the Agreement pursuant to Local Government Code §43.035 which, pursuant to
the terms and conditions of the Agreement, effectively guarantees the continuation of the extraterritorial status of Owner's
property that is currently appraised for ad valorem tax purposes as agricultural land under Subchapter C or D, Chapter 23
of the Tax Code until the Agreement expires or the property is developed for purposes other than agriculture;
Whereas, Owner is the owner of record for the property described in Exhibit "A" attached hereto and incorporated herein
for all purposes (the"Property");
Whereas, recording the entire Agreement in the real property records of Nueces County is impractical and needlessly
burdensome; and
Whereas, the Owner and City agree to file this Memorandum of Record ("Memorandum") to provide notice of the
Agreement encumbering the Property;
NOW THEREFORE, the undersigned hereby executes this Memorandum and files the same of record in the Deed
Records of Nueces County, Texas, for the purpose of giving notice to all persons that:
(1) The Agreement is on file with the City Secretary at the Corpus Christi City Hall, copies of which are available upon
request.
(2) The Owner is required to perform as agreed and provided in the Agreement, as well as in accordance with all other
applicable rules, regulations and codes of the City, except as provided otherwise in the Agreement.
(3) The Agreement provides that any person who sells or conveys any portion of the Property shall, prior to such sale or
conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of
the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the
City written notice within 14 days of any change in the agricultural exemption status of the Property.
Executed and filed this the day of , 2014.
By:
Name:
Title:
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally
appeared of the City of Corpus Christi, known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged that he executed the same for the purposes and consideration therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of 2014.
(SEAL)
Notary Public-State of Texas
After Recording Return to:
City of Corpus Christi
Attn: City Secretary
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Exhibit B: Thomas Edward Braman, Nueces County Appraisal District Tax Id. #: 4250-0030-
1001
A 39.98 acre tract, more or less, out of a 478.36 acre tract of land out of the South one-half
(S '/2) of Section 30 and the North one-half(N '/2) of Section 33, Laureles Farm Tracts, a
map of which is recorded in Volume 3, Page 15, Map Records of Nueces County, Texas,
bounded as follows, to-wit:
BEGINNING at the northwest corner of this tract of land, being on the west boundary line of
the South one-half(S1/2) of Section 30, Laureles Farm Tracts and the centerline of Farm-to-
Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of
County Road 43, having a right-of-way width of 40.0 feet;
THENCE East, along the centerline of Farm-to-Market 2444 to the western boundary line of
a 157 acre tract out of the South one-half(S '/2) of Section 30 and the North one-half(N '/2)
of Section 33, Laureles Farm Tracts;
THENCE South along the eastern boundary of the Northeast, South one-half(S '/2) of
Section 30 and the North one-half(N '/2) of Section 33, Laureles Farm Tracts, 500.0 feet to
the southeast corner of this tract;
THENCE West, being 500.0 feet south of and parallel to the centerline of Farm-to-Market
2444, to the west boundary line of the Northeast, South one-half(S1/2) of Section 30 and the
North one-half(N '/2) of Section 33, Laureles Farm Tracts;
THENCE North along west side of said tract of land, 500.0 feet, also being in the center of
County Road 43, to the POINT OF BEGINNING containing 44.88 acres of land less 4.90
acres of right-of-way for a total of 39.98 acres.
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Exhibit C: James F. Nemec Family Real Property, Nueces County Appraisal District
Tax Id. #: 4250-0028-020
A 27.064 acre portion, more or less, of a 160 acre tract of land situated in Nueces County
Texas, out of that tract of land originally granted to Ramon de Ynojosa, called the "Rincon de
Corpus Christi," Abstract No. 411, and being the Northwest One-fourth (NW '/4) of Section
Twenty-Eight (28), of the Laureles Farm Tracts, bounded as follows, to-wit:
BEGINNING at the southwest corner of this tract of land, being on the west boundary line of the
Northwest One-fourth (NW 1/4) of Section Twenty-Eight (28), of the Laureles Farm Tracts and
on the current right-of-way centerline of Farm-to-Market 2444, having a right-of-way width of
100.0 feet, as it intersects the centerline of County Road 47, having a right-of-way width of 40.0
feet;
THENCE North along west side of said tract of land, 500.0 feet to the northwest corner, also
being in the center of the current right-of-way line of County Road 47;
THENCE East, being 500.0 feet north of and parallel to the centerline of Farm-to-Market 2444,
to the west boundary line of the Northeast, One-fourth (NE '4) of Section Twenty-Eight (28) of
the Laureles Farm Tracts;
THENCE South along the western boundary of the Northeast, One-fourth (NE 1/4) of Section
Twenty-Eight (28) of the Laureles Farm Tracts, 500.0 feet to the southeast corner of this tract,
also being in the center of Farm-to-Market 2444;
THENCE West, along the current right-of-way centerline of Farm-to-Market 2444, to the POINT
OF BEGINNING containing 30.30 acres of land less 3.236 acres of righ-of-way for a total of
27.064 acres.
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Exhibit D: Turnbull Land and Cattle, Ltd., Cuervo Ranch Holdings, Ltd., Staples Investment
Partnership, and MPJ Assets, LLC., Nueces County Appraisal District Tax Id. #: 425000280401
and 425000280500 owned in undivided interest
A 24.79 acre tract, more or less, out of a 290.80 acre portion of the Southeast one-quarter (SE
1/4 ) of Section 28, Laureles Farm Tracts and 4.78 Acre, more or less Tract of land out of the
Southeast one-quarter(SE 1/4 ) of Section 28, Laureles Farm Tracts , a map of which is
recorded in Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows,
to-wit:
BEGINNING at the Northwest Corner of this tract of land, being the northwest corner of the
Southeast one-quarter(SE '/4 ) of Section 28, Laureles Farm Tracts and the centerline on Farm-
to-Market 2444, having a right-of-way width of 100.0 feet;
THENCE East, along the centerline of Farm-to-Market 2444 to the northeast corner of the
Southeast one-quarter(SE 1/4 ) of Section 28, Laureles Farm Tracts, also being the intersection
with State Highway 286, having a right-of-way width of 100.00 feet;
Thence South along the centerline of State Highway 286, 500.00 feet to the southeast corner of
this tract;
THENCE West, being 500.0 feet south and parallel to the centerline of Farm-to-Market 2444 to
the west boundary line of the Southeast one-quarter(SE 1/4 ) of Section 28, Laureles Farm
Tracts;
THENCE North, along the west boundary line of the Southeast one-quarter (SE '/4 ) of Section
28, Laureles Farm Tracts to the POINT OF BEGINNING, containing 28.12 acres of land less
3.33 acres of right-of-way for a total of 24.79 acres.
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Exhibit E: J.W. Owens, Nueces County Appraisal District Tax Id. #: 425000280305
A 22.21 acre tract, more or less, out of 120.0 acres, more or less, out of the South one-half(S
1/2) of Section 28 of the Laureles Farm Tracts and a portion of 10 acres, more or less, out of the
South one-half(S1/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in
Volume 3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to-wit:
BEGINNING at the northwest corner of this tract of land, being on the west boundary line of the
South one-half(S '/2) of Section 28 of the Laureles Farm Tracts and the centerline of Farm-to-
Market 2444, having a right-of-way width of 100.0 feet, as it intersects the centerline of County
Road 47, having a right-of-way width of 40.0 feet;
THENCE East, along the centerline of Farm-to-Market 2444, to the northeast corner of the
South one-half(S1/2) of Section 28 of the Laureles Farm Tracts;
THENCE South along the eastern boundary of the South one-half(S '/2) of Section 28 of the
Laureles Farm Tracts, 500.0 feet;
THENCE West, being 500.0 feet south of and parallel to the centerline of Farm-to-Market 2444,
to the west boundary line of the South one-half(S '/2) of Section 28 of the Laureles Farm Tracts,
also being in the center of County Road 47;
THENCE North along the centerline of County Road 47, 500.0 feet to the POINT OF
BEGINNING containing 25.25 acres of land less 3.04 acres of right-of-way for a total of 22.21
acres.
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Exhibit F: R.L. Owens, Nueces County Appraisal District Tax Id. #: 425000280000
A 6.20 acre tract, more or less, out of a 36.298 acre tract, out of the Middle Portion of the South
one-half(S 1/2) of Section 28 of the Laureles Farm Tracts, a map of which is recorded in Volume
3, Page 15, Map Records of Nueces County, Texas, bounded as follows, to-wit:
BEGINNING at the northeast corner of this tract of land, also being the northwest corner of the
southeast corner of Section 28 of the Laureles Farm Tracts and the centerline of Farm-to-
Market 2444, having a right-of-way width of 100.0 feet;
THENCE South along east side of said tract of land, 500.0 feet to the southeast corner of the
Middle Portion of the Middle Portion of the South one-half(S '/2) of Section 28 of the Laureles
Farm Tracts;
THENCE West, being 500.0 feet south of and parallel to the centerline of Farm-to-Market 2444,
to the west boundary line of the Middle Portion of the South one-half(S '/2) of Section 28 of the
Laureles Farm Tracts;
THENCE North along the western boundary of the Middle Portion of the South one-half(S '/2) of
Section 28 of the Laureles Farm Tracts, 500.0 feet to the northwest corner of this tract, also
being in the center of Farm-to-Market 2444;
THENCE East, along the centerline of Farm-to-Market 2444, to the POINT OF BEGINNING
containing 6.89 acres of land less 0.69 acres of right-of-way for a total of 6.20 acres.
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R-O W 69. Acres. t'-FccsF Ds,1HAQ3@zl2Ara 0 Nrn sec.ze LOCATION MAP , I ca,,,.,ao
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Exhibit G: Catherine Marie Sims Property
425000260001 LAURELES FARM TRACTS 159 ACS OUT OF SE/4 SEC 26
425000270000 LAURELES FARM TRACTS 309 ACS OUT OF S/2 SEC 27
425000270200 LAURELES FARM TRACTS 10 ACS OUT OF S/2 SEC 27
425000360100 LAURELES FARM TRACTS 80 ACS OUT OF W/2 OF NW/4 SEC 36
425000360300 LAURELES FARM TRACTS 240 ACS OUT OF NE/4 & E/2 OF NW/4 SEC 36
425000370000 LAURELES FARM TRACTS NE/4 SEC 37, 160 ACS
425000260000 LAURELES FARM TRACTS 1 AC OUT OF SE/4 SECTION 26
425000270005 LAURELES FARM TRACTS 1 AC OUT OF S/2 SECTION 27
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LAURELS'FARM TRACTS 31 3 TAUREIE$FARM TRACTS $IMS CATHERINE MACS rr t/ / 9
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