The URL can be used to link to this page

Home My WebLink AboutC2008-167 - 5/6/2008 - NAr. .~ ORIGINAL CITY OF CORPUS CHRISTI VS. WILLIAM C. OLIVER, ET AL § IN THE COUNTY COURT § AT LAW NUMBER THREE OF NUECESCOUNTY,TEXAS JUDGMENT IN ABSENCE OF OBJECTION w On the date below written, there came on to be heard the above entitled and numbered condemnation proceeding, wherein the CITY OF CORPUS CHRISTI is PLAINTIFF and WILLIAM C. OLIVER, (heretofore in this cause erroneously referred to as, "William O. Oliver")VIRGINIA OLIVER BETTIGA and PATRICIA L. OLIVER DeLONG are DEFENDANTS. It appearing to the Court, and it is so found, that the Award of Special Commissioners was filed with the Judge of said Court on the 11xh day of March, 2008; that no objections to said Award were f led within the time allowed by law nor as of the date hereof, and that said Award has been filed with the Clerk of this Court: IT IS THEREFORE, ORDERED, ADJUDGED and DECREED by the Court as follows: 1. That the Award of Special Commissioners on file herein be, and the same is hereby confirmed and adopted by this reference as a part of the judgment of this Court. A true copy of the Award, {with a true copy of the Plaintiffs Original Petition attached and adopted as "Exhibit I" thereof,) is attached hereto as "Exhibit II" and incorporated as a part of this Judgment by this reference, as if copied at length herein; 227455v] 200$-167 05/06/08 Doc# ~lbQx8~~~4~~ I ` N0.08-60084-3 IN CONDEMNATION 1 Oliver, William C., Et al 2. That the Clerk of this Court record this Judgment and the Award of Special Commissioners in the minutes of this Court; 3. That by virtue of the Award of Special Commissioners, the CITY OF CORPUS CHRISTI is entitled to be vested with, and does hereby have JUDGMENT AGAINST THE FOREGOING NAMED DEFENDANTS, WILLAIM C. OLIVER, VIRGINIA OLNER BETTIGA AND PATRICIA L. OLIVER DeLONG, FOR ALL RELIEF SOUGHT IN ITS PETITION VESTING IN IT THE FOLLOWING: (a.) all of Defendants' undivided fee simple title, in the surface estate of that certain 1.695 acre tract, out of a larger tract of land described as Lot 21 Section 2b, Flour Bluff & Encinal Farm and Garden Tracts, and particularly referred to as "Parcel 1b" in Plaintiff's Original Petition for Condemnation and described in "Exhibits, A & B" attached thereto; and further, (b.) the easement and easement rights described in Plaintiffs Original Petition on that certain 2.395 acre tract in Lot 21 Section 26, Flour Bluff &Encinal Farm and Garden Tracts, particularly referred to as "Parcel 16-A" in said Petition and particularly described in "Exhibits C & D" attached thereto. 4. That by virtue of the Award of Special Commissioners, the Defendants are jointly entitled to recover from the Plaintiff, City of Corpus Christi, the sum of Nineteen Thousand Eight Hundred Ninety-seven and 50/100 Dollars ($19,897.50}, and it appearing and it is so found that the amount of said Judgment has been deposited into the registry of the Court by City of Corpus Christi subject to the order of the Defendants, this Judgment is entered fully satisfied as to such amount. 227455vi 2 5, It further appearing that by Motion filed herein that the Defendants have sought payment of this judgment amongst them by agreed apportionment, it is FURTHER ORDERED THAT SUCH MOTION IS GRANTED, AND THAT THE CLERK PAY TO THE DEFENDANTS FROM THE REGISTRY OF THE COURT THE FOLLOWING AMOUNTS, RESPECTIVELY: (a.) TO WILLL4M C. OLIVER, NINE THOUSALD NINE HUNDRED FORTY-EIGHT and 75/100 dollars ($9,948.75} (b.) TO VIRGINIA OLIVER BETTIGA, FOUR THOUSAND NINE HUNDRED SEVENTY-FOUR and 381100 DOLLARS ($4,974.38) (c.} TO PATRICIA L. OLNER DeLONG, FOUR THOUSAND NINE HUNDRED SEVENTY-FOUR and 371100 DOLLARS, ($4,974.37} G. That the costs of these proceedings are assessed against the Plaintiff, as provided in the Award of Special Commissioners, for which the Clerk shall have execution if the same be not timely paid. M SIGNED this the day of ~}, 2008. APPROVED AS* TO~°FORM: ~ v( L~~.~/`7 John r Law N Jos h A. Cohn, Jr. Attorney for Plaintiff C Sta B o. 4514000 H George Attorney for Defendants State Bar No. 07809000 Nueces County, Texas Court at zz~ass~t 3 NO.OS-60084-3 . CONDEMNATION PROCEEDING CITY OF CORPUS CHRISTI § IN THE COUNTY COURT V. § AT LAW N0.3 WILLL4M O.OLIVER, ET AL § NUECES COUNTY, TEXAS AWARD OF SPECIAL COMMISSIONERS On the 3r~ day of March, 2008, in Corpus Christi, Nueces County, Texas, the above condemnation proceeding came on to be heard before the undersigned, three disinterested freeholders of Nueces County, Texas, heretofore appointed as Special Commissioners by the Judge of the County Court at Law No. 3 of Nueces County, Texas, to assess the damages caused by the condemnation proceedings, and the Commissioners proceeded to hear evidence and made the following findings: I. That on the 14th day of January, 2008, the City of Corpus Christi, as Plaintiff, filed an original petition for condemnation with the County Clerk of Nueces County, Texas, wherein upon the facts and for the purposes therein stated, it sought judgment vesting in the City of Corpus Christi, the Defendants' fee title to the surface of 1.695 acres of land and a drainage and inundation easement on an adjoining 2.391 acres of land in Nueces County, State of Texas, all as described in Plaintiff's Original Petition for Condemnation attached hereto as Exhibit "P' and incorporated herein for ail purposes. 226500 1 II. That the Judge of the said Court did duly appoint Brent Chesney, Sandra Garcia and Lee 3ssman, three disinterested freeholders of Nueces County, Texas, as Special Commissioners to secs the damages caused by the taking of said property. III. That thereafter said Special Cornmissioners duly qualified as such, each taking the oath prescribed bylaw, which oaths are on file with the papers in this cause. IV. That after having so qualified, said Special Commissioners on the 11 `h day of February, 2008, by written order designated and appointed the 3~d day of March, 2008, at 1:30 o'clock p.m. at the jury room of the above named court at the Nueces County Courthouse, 901 Leopard Street, Corpus Christi, Texas, is the most practicable time and such place being in the county in which the land or a part thereof is situated. V. That Defendants, William O.Oliver, Virginia Oliver Bettiga and Patricia L. Oliver De Long were duly notified of the time and place for the hearing and waived further notice by personal service. VI. That on the 3ra day of March, 2008, said Special Commissioners did convene and Plaintiff City of Corpus Christi appeared by and through its attorney; and appearance by Defendant was as follows: waiiiam u. uiiver ~s ?~rJ f T ...J~- Vir~inia Oliver Bettina ,~ ~ r ~ c~~~~ ~~ ~~~ 226500 / 2 Patricia L. Oliver }J~s~a~ l'`~ ~~~ ~7 ~~~ VII. Said Special Commissioners proceeded to hear evidence as to the damages that will be sustained by the owner and those claiming an interest in such land by reason of the taking of said property and, after hearing and considering such evidence, said Special Commissioners did find and determine and, accordingly, assess damages to be paid by Plainti/ff, City of Corp~u-sue-Christi, to the Aefendant, in the total amount of /~(i~/f ~~~ ,/~~sA~J~ -~a~ ~~ ~ sa •,~cl~" -~N ana ~V X100 dollars {$~9 e~9~ ). The costs of this proceeding are adjudged against the Lam! SIGNED this .~ day of , 2008. l Brent Chesney, Special Co issioner andra Garcia, pedal Commissioner ee Hassman, Special Commissioner 226500 ORDER AND INFORMATION TO CLERK The foregoing Award of Special Commissioners was bled with me this day. It is ORDERED that each Special Commissioner receive the sum of $ ~ ~~ - as a reasonable fee for services in this proceeding. The Clerk is hereby informed of the decision by the Special Commissioners pursuant to §21.049 of the Texas Property Code. Signed this ~ day of March, 2008. z, Judge Presiding Judge the County Court at Law No. of N eces , D ~;!n,i~.,ll1~!1~.~ ~,~~ ,~_ ~~ ~~ PATSY PEREZ, 17~ST~~f.T G1.ER3( NU~C~~ Ct-LIf~~Y 22b500 ~o ~n ~co(~4_3 CONDEMNATION PROCEEDING ~ITY OF CORPUS CHRISTI J. WILLIAM O.OLIVER, ET AL § IN THE COUNTY COURT § AT LAW NO. ~ OF § NUECES COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION FOR CONDEMNATION TO THE HONORABLE JUDGE OF SAID COURT: The CITY OF CORPUS CHRISTI, PLAINTIFF, exercising the power of eminent domain conferred upon it by Texas Local Government Code Chapter 251, and by virtue of Texas Property Cade, Chapter 21 and its City Charter and Ordinances, files its Plaintiffs Original Petition for Condemnation against WILLIAM O. OLNER; VIRGINIA OLIVER BETTIGA and PATRICIA L. OLIVER DE LONG, DEFENDANTS, and for same respectfully shows: i PARTIES 1.1 Plaintiff, City of Corpus Christi, is a home-rule municipal corporation operating under a horrre rule-charter in the City of Corpus Christi, Nueces County, Texas, and having by law the night of eminent dorrrain and power of condemnation, acting herein by and through its duly elected and authorized City Council for and on behalf of the City of Corpus Christi. 1.2 Defendants, WILLIAM O. OLNER and VIRGINIA OLNER BETTIGA are residents of Corpus Christi, Nueces County, Texas. 1.3 Defendant, PATRICIA L. OLNER DeLONG is a resident of Webster, Has ~ ~ County, Texas. ~ J' ~1~~ ~ ~ ~~~~ 2237S4v3 Exhibit I ~ ~ ~ b. R°r ~ --r ~ --< II JURISDICTION This County Court at Law has jurisdiction of this proceeding pursuant to Texas Property de § 21.001. III PROPERTY TO BE CONDEMNED 3.1 The property to be condemned consists of two parcels of land, sometimes hereinafter referred to as Parcel lb and Parcel 1bA, respectively, out of a larger tract of land owned by Defendants in Lot 21, Section 26, Flour Bluff &. Encinal Farm. and Garden Tracts, a subdivision of Nueces County, Texas. The interest sought in Parcel 16 is Defendants' undivided fee interests in the surface only of 1.695 acres more particularly described in the attached Exhibits "A" and "B;" and the interest sought in Parcel 16A is a related inundation and drainage easement out of Defendants undivided interests in 2.395 acres more particularly described in the attached Exhibits "C" and "D." The attached exhibits "A" through "D" are adopted by this references as a part of this Petition for all purposes. IV PURPOSE FOR CONDEMNATION 4.1 The Plaintiffs governing body has found it in the public interest and necessary to acquire and to use the interests in Defendants' land sought herein in for a storm water drainage project known as the Master Channel 27 Drainage Improvements Project in the City of Corpus Christi to help reduce flooding of the Mary Carroll Channel and Master Channel 31 drainage systems and to help reduce flooding in the adjoining areas. Particular uses will consist of ingress and egress to and from said parcels from time to time and the construction, and maintenance of a drainage channel and appurtenances on Parcel 15 The easement on Parcel 223754v3 16A will be used for foreseeable inundation, submersion and drainage from time to time with the right of ingress and egress from time to time for such purposes. The Plaintiffs right to use Parcel 16A shall include the right to exclude, prevent, damage, destroy and remove any structures, buildings, material, debris or equipment placed or constructed on such parcel by Defendants or any other person. 4:2 Plaintiff shall have no right to use any of Defendants' property outside the fee taking and easement area herein described. V OWNERS OF THE PRQPERTY 5.1 The Plaintiff has determined that BESSIE J. OLIVER, individually and in her capacity as Community Survivor for the Estate of Charles D. Oliver, Jr., deceased, is the owner and claims an undivided fifteen per cent. (15%) undivided interest in Tracts 16 and 16A. The undivided interest of Bessie J. Oliver, individually and in the capacity above stated, in Tract 16 and 16A is excluded from this proceeding because she has contractually agreed to sell and convey her undivided interest to Plaintiff by delivery of a deed to the surface of Parcel 16 and a written easement covering Parcel 16-A. 5.2 The DEFENDANTS, hereinabove nanr~ed are those persons who own or claim undivided interests in the balance of Parcels 16 and 16-A not owned by Bessie J. Oliver. VI UNABLE TQ AGREE 6.1 Plaintiff has been unable to agree with Defendants on the damages to which they are entitled for such acquisition: Further negotiation would be futile. All conditions precedent to filing this condemnation action have been satisfied. 223754v3 f- , 1 '; PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Special Cornmisstoners be appointed to assess the amount of damages to which the Defendants are entitled according to law, and that a judgment be entered, vesting in the Plaintiff, City of Corpus Christi, the fee title to the surface estate in Parcel 16 and title to the easement sought herein on Parcel 16-A and awarding compensation to the Defendants jointly or as otherwise allowed by law, assessing the arriaunt of costs, and granting such other and further relief to which the Plaintiff may show itself to be entitled. Respectfully submitted, WELDER LESHIN, L.L.P. By: `2 seph A. Cohn, Sr. State Bar No. 44514000 800 N. Shoreline, Suite 300 North Corpus Christi, Texas 78401-3709 Telephone: (361} 561-8000 Telecopier: (361) 561-8041 ATTORNEYS FOR PLAINTIFF CITY OF CORPUS CHRISTI 223754v3 Page 1 of 2 Rev 2: 6118107 STATE OF TEXAS COUNTY OF NUECES PARCEL 16 BEING A 1:695 ACRE (73,827 S.F.) TRACT OF LAND OUT OF THE REMAINDER OF THAT CERTAIN 10.713_ ACRE TRACT OF LAN~3 DESCRIBED IN DOCUMENT NO. 9853$3 OF THE OFFICIAL RECORDS OF ~ NUECES COUNTY, TEXAS, SAID 1.0.713 ACRE TRACT BEING A PORTION OF LOT' 21, SECTION 26 OF THE FLOUR BLUFF.AND. ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41-43, OF THE MAP RECORDS OF NUECES COUNTY; TEXAS, SAID 1.695 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY ME'T'ES AND BOUNDS A.S FOLLOWS: BEGINNING at a 5/$ inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the northeast corner this tract, same point being the northeast corner of the remainder of said 10.713 acre tract of land and the northwest corner of that certain 76.093 acre tract of land described in Document No. 2005027968 of the Official Public Records of Nueces County, Texas, same point also being on the south boundary line of that certain 55.955 acre tract of land described in Document No. 1998053979 of said Official Public Records, and saane point being the common corner of Lots 9, 10, 21, & 22 of said Section 26, and from said common comer, a 5l8 inch iron rods found, on the common boundary line of Lots 21 and 22, bears South 28°43'30" West, a distance of 13:47 feet; THENCE, South 28°43'30" West (R:ecord =South 29°00'00" West), with the east boundary line of the remainder of said 10.713 acre tract of land, same line being the west boundary line of said 76.093 acre tract of land, at a distance of 13.47 feet pass said found 5/8 inch iron rod, at a distance of 20.00 feet, pass the south boundary line of a 40 -feet wide. roadway. easement (unimproved), recorded in Volume A, Pages 41 ~-43, of said Map Records, in all a distance of 170.00 feet, to a 518 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, Tx, BOUNDARY MARKER", for the southeast corner of this tract; THENCE, North 61 °20' 15" West and parallel with the common boundary line of Lots I O and 21, a distance of 434.32 feet, to a 518 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southwest comer of this tract, same point being on the east boundary line of that certain 3:5 acre tract of land, as recorded in Document No. 985385 of said Official Public Records; THENCE, North 28°45'08" East, with the east boundary line of said 3.5 acre tract of land, at a distance of 150.00 feet, pass the south boundary-line of aforementioned 40 feet wide roadway easement, at 157.77 feet pass a 5/8 inch iron rod, found, in ail a distance of EX~IiB~T initials Page 2 of 2 Rev 2: G/18/07 170.00 feet, to a point, for the northwest corner of this tract, same point being the northwest corner of the remainder of said 10.713 acre tract of land, the northeast corner of said 3.5 acre tract of land, and on fhe said common boundary line o.f Lots 10 and 2l; TI3ENCE, South 61°20'1S" East (Record =South 61°00'00" Eastj, with the north boundary line of the remainder of said 10.713 acre tract of [and and the south boundary line of aforementioned 55.955 acre tract of Iand, same line being the said common boundary line of Lots. 10 and 21, a distance of 434.24 feet, to the POINT OF BEGINNING of the herein described tract of Iand, said tract contains 1.695 acres of land, more or less, within these metes and bounds. - - Bearings are based on the Texas Coordinate System~of 1983 (South Zonej and referenced to the monumented west right-of--way line of County Road 7B. A survey plat of even date was prepared and is made a Hart of th;~ x„PtPC ~,,.~ Ho,•',~~ description. A.11 references to record data (Record = ***) indicate information as cited in Document No. 985383 of the Official Public Records of Nueces County, Texas. 1s .: o ~ r -- ~-~ Maverick .Enginee f 4 .- '.~~ ~'r kF :~,~~ lA1ALl_i1!`-~ A~_~.'V~~t"= .jeM4Jit$'•~Or, Vaay~vaa a~sa)a~.a, sw.ir:,~@5 Revised: Tune 18, 2~~tsii Initials r 13' rd ~. ~ ~~ ~: / L do t Fam~7y Partnership, ttd- 55.955 Acres out of tots tiA & 7A and all of Lots 9--1 1, Sec. 28 \ F.B. & E.F. & G. T. Aoc~. 19980.53979, O.P.R.N.twL Not To ~Soa1 L r '/8" ken I /lod.Fourtd w~Capp Stamped 'Ylr~ban Eng. ~, ~ I ~ .~ - ~~ ~ N 28'45'08" ~ 170.00' x .'d ~ . - ~ ~ ~ r tp ~ U h ~ O y2 I1 ~. `~ ~ V ~c ~ 4 ~ o Lal I 20 ~ p U ~ W ~ 11 ova N h 1 ~ 4''i ~., ~v off, . ~ IiE o o -i ~ u a o U ~ Q ~ 4 5/8" iron I Rod Found I _. Lot f0 (Renard = S 61'00'00' EJ S 61'20`15` E-X34.24' i i i i i N (Racard ~ s 2900'00' w~ ~ 28"43'30' W-170.00' N 61'20'15" i~i~434.32' I I Lot 2 t Remainder of 74.713 Acres our or Lot 21, Sec_ 26 F.B. & E.F. & G.T. The Fstote of Jerria Haynes Oliver Doc/' 305529 O.R.IV.C.T. NOTFS: bearings are based an the Texas Coordinate System of 1983 (5auth Zane) and referenced to the naanumenfed west right of way line of County Road 7B. !. Area = 1.695 acres (7.3,827 S FJ, f. 5~8 inch iron rod set with a plastic cap stamped '71G41~RlCK ENGR. VICTORIA, l'X, , HOUNQARY MARKER : at aN prvperfy corners, unless otherwise noted. ~.. A11~• references to record data {Record = +**) indicate information as cited in Document No. 985383, aaRN.c_r. 7His tract is subject to a btonket Elecfnca! Easement as recorded in .Volume 1538, Page &97, t7.R.N_C.T. o_~]] wIQ O O .`' h' .aQ -- ~ --. 4 - 28'~334' N r3.sr o ~ ~ go- - 5/8' !rv ~ o ~ Rod Found ~ Not To Scale Lof 9 '~-- -- Lot 22 Qak Properties 76.093 Acres out oI Lots 22-25, Sec. 26 F.B. & E.F & G. T. Ooef 2045027968, O.P.R.N.C.T. AG ~5 .~. Totes! Tract 7213 314.198 A aired 1.695 73 827 emarnder 5.518 2 f 1, Gory Don Rayner, hereby certify that the foregoing map was prepared from a survey, made on the ground. under my direction and that it ~~rt~L-wr~d correct. Maverick Engineering, inc. %~r ~' ry'"- ~, .,. Gamey ~ Raynbr,~ R.P.L. S. t~&4~-...:,.,..i-...--..._-: ~~- Revised February 20, 2007_ ~4evr'sed:; Bo~Crri~a Revised March 2, 2007: Rev~e:d ~`a+Yn'~fshlp~: Revised June 18, 2007: Revise~~ounda7y - P~~~ is MAP TD ACCOMPANY METES de BOUNDS DESCRIPTIQN.• Being a 1.695 acne (73,827 S.F.) tract of land out of the remainder of that certain 10.713 acre tract of tared described in Document No. 305529. Offr'aral Records of Nueces County Texas, said 10.713 acre tract being a portion of tot 21, Section 26 0l the flour BIuN and Encino! Farm and Gorden Tracts, a map of which is recorded in Volume R Pages 41-43, of the Map Records of Nueces County, Texas. 1a Dote. June 18, 2007 7EL• 361 269 1385 MAVERICK F^x' 361 289 0712 P.Q. 80x 9t,>g4 SNGIING, INC. CARPUS CHRISii, 71:3tA$ 784b9 ~~iIB~T B ,ao a toes mo ob{l8ROQ7. Rev: 1 !119/07 Page 1 of 2 :ST~'TE~k` DES CQUN'~'~C OF NUECES ~ PARCEL 16-A INUNDATION DRAINAGE EASEMENT r ` BEING A 2.395 ACRE MORE OR LESS (104,332 S.F.j EASEMENT OU`P' ~OF TIDE REMAINDER OF THAT CERTAIN 10.71.3 ACRE TRACT ~~OF LAND DESCRIBED IN DOCUMENT NO. 985383 OF THE.OFFICIAL RECORDS OF NUECES COUNTY, TEXAS, SAID 1.:7.13 ~L.CRE TRACT BEING A PORTION OF LOT 21; SECTION 2!&..QF Tl<3E FLOUR BLUFF AND ENCINAL FARM AND GARDEN ~#~`i'S, A MAP OF WHICH IS RECORDED IN VOLUME A, _ P~i~'G~S 4I-43, OF THE MAP RECORDS OF NUECES COUNTY, T~~A~S, . SAID ~ 2.395 ACRE TRACT MORE OR LESS BEING 1VIa[3RE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS.FOLLOWS: COMMENCING at a 518 inch iron rod, previously set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", at the northeast corner of the remainder of said 10.713 acre tract of land and the northwest corner of that certain 76.093 acre tract of land described in Document No. 2005027968 of the Ofbcia! Public Records of Nueces County, Texas, same point also being on the south boundary line of that certain 55.955 acre tract of land described in Document No. 1998053979 of said Official Public Records, and same point being the common corner of Lots 9, !0, 21, & 22 of said Section 26, and from said common corder, a 518 inch iron rod, found, an the common boundary line of Lots 21 and 22, bears South 28°43'30" West, a distance of 13.47 feet; THENCE, South 28°43'30" West (Record =South 29°00'00" West), with the east boundary line of the remainder of said 10.7 i 3 acre tract of land, same line being the west boundary Iine of said 76.093 acre tract of land, at a distance of 13.47 feet pass said found 518 inch iron rod, at a distance of 20.00 feet, pass the south boundary line of a 40 feet wide roadway easement.(unimproved), recorded in Volume A, Pages 41-43, of said Map Records, in all a distance of 170.00 feet, to a S/8 inch iron rod, set, with a plastic cap stamped- "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southeast corner of Parcel 16 and the northeast corner of this easement, same being the POINT OF BEGINNING; THENCE, South 28°43'30" West continuing along said east boundary line of the remainder of said 10.713 acre tract of land, same line being the west boundary line of said 76.093 acre tract of land a distance of 77.90 feet, to a 518 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER", for the southeast corner of this easement; EXHIBl7 C °""~°~ Q61181~009. Rev: l i~9l4T Rags 2 of 2 'I'~ENCE, South 74°19'll" Wcst; a:dista~ce of 19.$.92 •feet, to a.~!$ inch.iron xoc~, sc~, w;th a :plastic cap stamped " IV~AV~RICK ENGR. VICTORIA., TX; BOUNDARY DICER",for a corFier of this easerent; THENCE., North $6°23'14" West, ~. distance of 32.90 feet, to a SI$ inch iron rQd, set, `I•,. a lactic ca stamped "MAVERICK ENGR VICTORIA, `~~ gOfTNDARY P" p on the east ~` Mp.R~E~", for the southwest comer of this easement, sa..me ~p~int..bc~-g boundary line of that certain 3.5 acre tract of land, as recorded in Document Na. 985385 of said Official Records; TI~NCE, North 28°45'08" East, with the east boundary lime of said 3.5 acre tract of land, a distance of 353.b5 feet, to a point, for the northwest corner of this easement, same point being the southwest corner of said Parcel 16; TI~ENC~E, South b 1 °2a' 15" East,. with the south boundary line of said Parcel 16, a distance ;of 43432 feet, to the POINT OF BEG~NNIl~IG of the hereim described easement, said easement contains 2.395 acres of land, mare or less, within these metes and bounds. Beari.mgs are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monwnented west right-of--way line of County Road 7B. A survey plat of even date was prepared and is made a part of this rmetes and bounds description. All references to record data (Record = * * *) indicate information as cited in Document No. 9853$3 of the Official Public Records ofNueces County, Texas. Maverick Engineering, ~' '~~'~.,,. ti3try~On tcayllGl, ~ .a:..N. -t? v~ ~ r f Revised November 227 ;~d~~ cel Letter ~``~~~ Su~~a`{~s` Initi ~n~ i L dt L F9mily Partnership, Ltd. 55.955 Acres out of 26 1 ~ O.l;. Lof 9 0 N {Record 5 29'00 00" WJ 28'43'30" W-17OA0' -P.O.B. (Record = 5 29'00'00" WJ S 28'43 30" W-77.90' ~ ~ 4 ~°~'~z ~'' ~~ `'0}~9~I o ~ ~ m o o ` lli~ + :'la 1g~. U >Ncn~. S Lol 20 O ^~' +ri -W ~ u Q `~ + _ 9 Lol 2 f r +l. ~ E 4 ~ ~ °~ ~ ~ l R " ' ' o t ° ~ ~ mainder of ti k~ • ~ 7 t - ~ ~ 2 10_ T3 Acres out al ~86 ` ~ a { ~ Lof 21, Sec_ 26 ~ F.B. & E.F. & G. T. I 77re Estate of Jerrie Haynes Oliver t floc, J05529 !i ~ a.R.N.C.T. cot z2 Ook Properties 76.093 Acres out of Lots 22-25, Sec. 26 F.B. & E.F. & G.T. Ooc/' 2005077968, O.P.R.N.C.T. NGTES: 1. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referonced to the AC. St7. FT. monumented west right of way tine of County Road 78. Total Tract 7.213 314,198 2. Areo = 2.395 acres (104,332 SF.J. Acquired 2.335 104,332 Remainder 4.81& 209,866 3. 5/e inch iron rod set with a plast;c cap stamped iNAVERICK ENGR_ VICTORIA, TX, BOUNDARY MARKER" at all property corners, unless otherwise noted. 4_ A!! references to record data {Record = ***) indicate informotion as cited in Document Na. 98538) O.P R. N.C. T. 5. This Tract is subject to o blanket Electrical Easement as recorded in Volume 1538, Page 697, D.R.N.C.T. Y 1, Gary -Don Rayner, hereby certify thQt the foregoing . map was prepared from a sure ~ on the ground, under my direction and tho 1_" (f~~ , ~ correct. s .,~'~p~~, s r e ~ :4S averic 'Engineering, Inc, f, '.`~" ^,- a _ _ .~ !~t_r. ~ f + At ~f Gi~F~Y j:1Q~i~~j(~~F~; GaFy ~ Rayner~R.P.L.S x'49 '"'~'~ ~ - , --aFE~y~o. Revised %Novem6er 29, 2Q0 . " ~~~~~Q~~ tier too o ~aa ~... " xo, ~uE i'-zar Parcel i 6 A Inundation Drainage Easement ~IAP TO AGCO~PANY METES & BOUNDS DESCRIPTION: Being a ,2.395 acre (104,332 SFJ troct of land out of the remainder of thot cerfain 10.713 acre tract of land described in Document Mo. 305529, Official Records of Nueces County Texas, said 117.713 acre tract being a portion of Lot 21, Section 26 of the flour Bluff and Encino! Farm and. Garden Tracts, a map of which is recorded in Volume A, Pvges 41--43, of the Mop Records of Nueces County, Texas. Pro'ecf . 0527-51 D ~ Date: June J8, 2007 "- TQL: 361 289 1385 FAX; 361 289 0712 MAVERICK P.G. eox 9094 EN 1I3EEYiII1'G, 1~TC. CORPUS CHRISTI, TEXAS 78469 . ;.,. ~~~~ ~ p~STR/~~ ~~~ r, ~oaooo~ o o e ~~ ~ °~ e$ O o° $ ~t ~ o $ ~ 4 $Q ° y 00 ~~ r~~~ F~ COUt~~' STATE OF TEXAS COUNTY OF NtyEGES The above and foregoing is a true and correct co¢y as the same appears on life andlar recorded !n the a¢pro¢rfate records of Nueces Go T Thereby certified on e3*ss of T ' v ~ PATSY PEREZ .k. NUEGES COUNTY DISTRICT CLERK CIFFKOFTNE_pISTRICTANOCOUN't'IG9URT8A=f.AYJf STATE CF TEXA5 CDl1NTY ~ Nil£C£S l hereby certify that this instruaent was F1L£D in file nueber sequence on the date and at the tiwe staE ed herein by ~e, and was duly RECORDED in the O~ficiai Auhlir Records of Nueces County, Texas _f `~ City of Corpus Christi P. O. Box 9277 Department of Engineering Service PROPERTY & LAND ACQUISITION DiV. Corpus Christi, Texas 78469-9277 STATE Ot= TEXAS Q '~ L'OUNTY OF NktECES The above and faregoing Is aftue alld crorrect copy as Ipe sarr~s appeErs art ?ik3 xndlor recorded In the appropriate • .--.:nrds of Nuecea County, Texee. ( ~] ruby cartiiFedon ~.3^~~ -`~ •,,~~rx or :'. ~~^r { . PATSY PEFiE,Z ,M"" ~ ~ NUECE9 CpUN7YDtSTR1CTCLEAK ~~L~~ Ck6fiK Op THE Dl$TtiiC;AND COUNTYCOl1RT3ATLAW r f a ~{ D1ANA T. BARERRA N!J£CE5 COi~tTY, TEXA5 An ravisian herein which restricts the Sale, F en~al ar use ofi the described REAL ARf~ERTY because of Race, Calort Religions Sex, Handicap, Fattilial Status, or Nat Tonal Origin is invalid and unenfiotr cable under FEDERAL LAW, 3/1Cf99, Dac# 2~~PJ~~Lt2~46~ # Pa~ ges 15 ~S/~8/2~9 3:~7pM Official Records of NIfECES COl1NTY DIANA T, BARRERA Cl#JNTY CLER}i Fees #87.0 ORIGINAL ~~~ &°~ S T~/c 4~ ~g ~~ ~~o c Cq CDURS~