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HomeMy WebLinkAboutC2010-246 - 5/13/2010 - NA NO. (~9-62552-4 THE CITY OF CORPUS CHRISTI, § CONDEMNATION PROCEEDING TEXAS ~ v § IN COUNTY COURT AT LAW N0.4 SOUTHWESTERN REFINING § NUECE5 COUNTY, TEXAS COMPANY, I1VC. JUDGMENT QF COURT IN ABSENCE 4F UBJECTIUNS BE IT REMEMBERED: That on this date, came on to be considered, the Special Commissioners' Award, filed on the 12`h day of February, 2010, with this Court, under the above styled and numbered proceeding in eminent domain, in which the City of Corpus Christi, Texas is Plaintiff ("Plaintiff'), and Southwestern Refining Company, Inc. ("Defendant") is Defendant. It appearing to the Court, and it being so found, that no objections to said Award were f led within the time prescribed by law, and that said Award has been filed with the Clerk of this Court; It is therefore ORDERED, by the Court as follows: 1. That said Special Commissioners' Award be, and the same is hereby made, the judgment of this Court; 2. That the Clerk of this Court record said Award in the Minutes of this Court; 3. That, by virtue of said Special Commissioners' Award, the City of Corpus Christi, Texas is entitled to condemn, and do hereby have judgment against the above named Defendant, for title and easement described in attached Exhibit "A;" 4. That, by virtue of said Special Commissioners' Award, the Defendant is entitled to recover from the City of Corpus Christi, Te~cas the sum of $ 19,800.00, which sum has been paid by the City of Corpus Christi, Texas into the registry of the Court; 5. That the costs of said proceedings, are to be paid by, and have been paid by the City of Corpus Christi, Texas as provided in said Special Commissioners' Award; and 6. Issuance of a Writ ofPossession in favor of the City of Corpus Christ ~~ ~ ugr~ss~ i ; .~, ; t { at this time. The Court reserves, however, its right to issue suc~i~p~em~ntii~l~ o~del~`s `~~ ''•• ~~ ~ ~i 2010-246 ~? ~~ ~ ~w4?~~ + ~~ 05/13/10 t Southwestern Refining Co. ¢vl~~~~5 ~~~~~~~~ ,~ r~ e requiring the Clerk of the Court to issue such writs as may effect delivery of the immediate possession of said easement and right-of way described herein against the Defendant herein, for the purposes set out heretofore and as described in Plaintiff the City of Corpus Christi, Texas' Original Petition. Signed this day of ~. Pr sidin udge ti ~~ots~>3;~~~ ''a.r ~~~M~a~ b : ~. ~ ~ ; ~=-~ o ~ i] \ o,~ : ~/~ .~~ Q 577Q41S~.a [29473/000114 STATE QF TEXf13 COUNTY pF NUE4E5 The ahnva and toregalrtg !s d tr~te'end corset copy as the same nppears on tEle arldJar recorded in the appropriate records of Nuoosa Colony. TeHas. ~pY ~. 3 2at0 Thereby c©rtliied on ~~R,r nsr - d m ~ PATSY PEHEZ MUECEG COUNTY UlSTitiCtCL~HiC ~~ ~, t;L~RK OF THE DISTfitCT AND CdU1~CfY COURTS AT LAYIt z ,, , C ,• . o CC~C,~~I~ FE" f ~ X4;3 NQ 09-62552-4 PATSY PEHEZ. DISTl~ICT C1.~PK THE CITY OF CORPUS CHRISTI, NUECES COUNTY § CONDEMNATION PROCEEDING TEXAS § v § IN COUNTY COURT AT LAW N0.4 SOUTHWESTERN REFINING § NUECES COUNTY, TEXAS COMPANY, INC. SPECIAL COMMISSIONERS' AWARD WHEREAS, the City of Corpus Christi, Texas ("the City of Corpus's is a Texas horne- rule city as established by Chapter 33, pages 304351, Special Laws of Texas, 1909, 31st Legislature, Regular Session. Corpus Christi has the power to acquire and own property ar any interest therein, within and without the corporate limits, by purchase, eminent domain, gift, devise, exaction, or auy other means whatsoever; to establish, improve and maintain a comprehensive system of streets and public ways and a1i appurtenances related thereto; to construct public works and improvements; and to adapt regulations far drainage and (load control under the City Charter, Article X, sec. 1. Corpus Christi is located in Nueces County, Texas. The Plaintiff did file a certain. PisintifPs Original Petition with the Presiding ]edge of the County Court at Law No. 4, Nueces County, Texas, wherein, upon facts therein alleged, it sought condemnation of all the right, title and interests of Defendant, for the public purpose, use, and construction of storan water drainage improvements easoment and a temporary construction easement for other related drainage purposes, to help alleviate flooding in the area along a tract of land located in Nueces County, Texas, and mare particularly described in the Plaintiff s Original Petition and supporting exhibits attached herein, which land was sought to be 1 exH~eir Special Cotrrmissi0rrers' Awat~ 5724868v.t 1299731o6Q04 ,~. condemned because sarr~e was necessary far the storm water drainage improvements and a temporary constructian easement and for other related ,drainage purposes and to the extent aad for the purposes specified and described in the Plaintiff s Original Petition on file herein; and WHEREAS, upon consideration of such statement, the Presiding Judge of the County Court at Law No. 4 of Nueces County, Texas, appointed the undersigned three freeholders of Nueces County, Texas, as Special Commissioners to fairly assess the damages occasioned by the condemnation of all tie right, title, claim and interests of the above-named parties and each of them in and to said storm water drainage improvement easement and a temporary construction easement and reference is here now made to said order of the Court, and same is incorporated herein by reference the same as if fully copied herein; and WHEREAS, thereafter the undersigned Com~rnissioners so appointed, duly qualified as such by each taking the oath prescribed by iaw, which oath is on ft1e with the papers in this cause, and reference is here now made to said oath, and same is incorporated herein fully by reference; and WHEREAS, by order duly issued and made and signed by each of us, and by agreement of all the parties hereto, said agreements being on file wi#h the Court, we designated and appointed the on the 12~h day of February, 2010, at L•04 o'clock p.m. at the Nueces County Courthouse, 902 Leopard St., Cauuty Court at Law No. 4, Jury Rooro, Corpus Chresti, TX '78403 as the day and place for hearing an property interests held by SOUTHWESTERN REFINING COMI'ANY, 1NC., such day being the earliest practicable time and such place being in the County in which said property in controversy is situated; and Upon the date and at the place so appointed for such hearings, service of notice having been perfected or waived as provided by law, we proceeded to hear evidence as to the value of Special Con~missionrss' Award 57248fi8v. k E 29973/OOD04 the right, title, claim and interests of the Defendant in and to that certain storm water drainage improvement easement and a temporary construction easement and being more particularly described in the Plaintiffs Original Petition and supporting exhibits attached herein and in the order of the Court instruments reference is here now made for a more particular description of said property; and The Corrrmissioners having considered the damages, if any, which will be sustained by the Defendant, by reason of the condemnation of said storm water drainage improvement easement and temporary CDnstrllCCiOn easement across said ]and and by reason of the condemnation. of al] of the said property, property rights, title, claim and interests of the Defendant in and to the storm water drainage improvement easement and the temporary construction easement described above and having considered the benefits, if any, that will result to the remainder of the property belonging to the Defendant, such condemnation being for the purposes set out in the Plaintiff's Original Petition and in the order of the Court appointing the Commissioners, al] as required by law, excluding from consideration and from our estimate those injuries or benefits which said owners and claimants sustain or receive in common with the community generally and which are not peculiar to therm and each of them and connected with the ownership, use and enjoyment of the said stone water drainage improvement easement and teznparary construction easement above described, and having the injuries and da;nages sustained by the said Defendant by reason of such condemnation of said easement rights as described above. NOW THEREFORE, an this 12"` day of February, 2010, the Commissioners do hereby assess the actual total damages which will accrue to the Defendant by reason of the taking ofsaid storm water drainage improvement easement and temporary construction easement right-of--way 3 SpeciaE Commissioners' Award 57248b8v. f 129973/D0004 C by the Petitioner for the purposes set out in the Plaintiffs Original Petition attached herein at the sum of ~ ~I , gD~ ~ T ,and on this same day, we reduced this our decision to writing, and we further decide and adjudicate that Petitioner shall pay all costs of this proceeding for the reasons provided by law. IN T1:STIM4NY WHEREOF, we have signed this decision and dated it the ~_ day of , 2010, such being the date on which the decision was rendered. SPEC~IA%L COMMISSIONERS: Nathan B lark Flato t 7o Veith 4 Special Cnrrunissioner5' Award 57248fi8v.1 ~ 29973160004 ,. SPECIAL COMMISSIONERS' CERTIFICATE OF TIME The undersigned Special Commissioners certify that a hearing was conducted an the _!_.~.,T day of 2010, and that the tame served in said hearing and related activities, /including signing oaths and notices, and scheduling work was -~l~ivt~ r~o/f WITNESS 4UR HANDS this ~~ day of ~/' 2010. Nathan Burkett ar ata Jo ~' eith 5 Specia3 Commissioners' Award 5724858v. 11299731dbOQ4 C COSTS ~J Special Commissioners shall be paid ~~ for this hearing and any other costs shall be borne 6y Plaintiff herein. .fudge 6 5peciaE Commissioners' Award i7Z48G8v.1 !29473100004 1=Eled i]9 t?ecember28 A11:17 Patsyy Perez ©lstrict Clerk Nueces District NO.04" ~~55 ~-1f TT•tE Cl'fY' OF CORPilS CFIRISI'I, C CUNDIMNATiON PROCEEDING 'fE~AS § v. ~ 1N COUNTY COURT' AT Lr314j NO. SUI:'1'I-tWI:S'I'ERN REFINING § NUI~C1~S COUN'CY,'fE\AS COMPANY, l,tiC P[,AINTIFF'S ORIG!]VAL Pf;TITtUN 1'U'i'FIE HONORABLE JLJUGE OP SAID COU17T; "fE~c City of Corpus Christi {hereinafter referred to as "corpus Gltristf"}, Plaintiff herein, huvinl; by la~v the right of eminent domain and the power of condemn>asion, COI31pIai11S of 5outhwesteni Refining Company, inc. ["Defendant"), anti respectfully shows the Court as fuflo~vs: fyiscoverv l . Discovery is intended to be conducted pursuant to l.evcl 3, Tex, it, Civ, E'. 140.4. Parties 2. Corpus Clu•isti is a Texas home-rtrie city as established by Chapter 3J, pages 304- 3~1, 5pcci.rl Laws t~f Texas, 190{I, 31st Legislature, Regular Session. Corpus Christi has the 1~on~er to acquire and owll property ar arty interest therein, within and without the corporate limits, by ptrrrhase, ..ntinrnt domain, gift, devise, exaction, ar any other means whatsoever; to tstablisl), improve and ntaintain a ~omprehcnsivc system of streets and public ways and all :gyl)uc•tenmtces related thereto; to constntct public tvorl:s and intprovcments; arrd to adop! r~~ulatiurts for drainage a)Id [load control under the City Charter, Article X, sec. !. Carpus C'l~risti is Located i» Nueces County, 7'cxas. PLSnsul l's [)righuit I'cEidcn I 5t,ga(~?lv,~ ly~l')7l.lUN~(a < , ~. L3cfertdant Southwestern ltetinirrg Cantp:trty. inc, ciwns the property krcruss which C`ok~pus Christi seeks to acctuirr art easentcnt in this action. SoutlnvLstcrn Itclirtiny Company, for. may br served by d~ltvery csF citation +a-ilh n copy of this petition attanc~d Utrough i[s rc~;isiered agerrt, ~; T Corparatidn 5ystertt, 350 N. SL Paul Street, Dallas, Texas'S20t. Jurisdiction and Venue =t. Corpus Christi seeks the ac~uisitinn of certain rights by candt:rt,nutiau pursuant to Chapter ?f of the "l'e~cas Property Code. Venue is proper in Nucces County, Texas because the rc.li property that is ai issua in this case is located in l~rueecs County, 'I'cxas :utd a!t nr par[ of fife cause of action arisr:s in Nueces County, Texas. Necessity For CoEtdernttatiott 5. Pursuant to the powers and duties (;ranted to and imposed upon it by the City Chuther, Carpus C:ltrisii, through its City Council, has determined thaE there exists a necessity for, r~nct has determined to acquire by condemnation or otherwise, the property rights on and across file properly owned by Defendak,i, as described anti more patticularly set out below. The City C'otrncil passed a }resolution declarirt,g the public necessity :tnd convenience for the acqutsrtton ~trtd autharizirtg the fling pf this condemnation suit for and on behalf' of Corpus Christi. The pmpcl7y ri;.~hts to Ue uccltrired are sought t'or the public purpose, use, artd construction oC starnt water drainatc improvements and far other related drainage purposes, to help alleviate IloUding in fife area along AIarth Port Avenue, front frrterstate fiiglttivay 37 to l}.S. Highway i$1, in Corpus Christi, R'uect:s C:aunty, Texas. Properh~ Riehts Saueht G. C'orptrs Christi seeks easement rights across a portion cif a tract +,i' land o+vned by f)Lfendant located in Nueces County, Texas, mnrc particutariy described in the ~tttachi:d Exhibit F'Inintifr`s i)n~in3t Petition "~ ;l~~1G21v.? I'!'1N7J+r;tlnflJ "A" (r¢ferretl to herein :rs the "Easu77rni Tract"j, including lire free anct unintcrruptcd use, [ii7crt,y curd privilt;,gc of passa;r ic7. aiong, upon and across the Easement 7'rect for rlte purpose of ~Iedirati-7g, constructing, reconstructing, rebuiiciing, instuiling, upgradin5, operating, u7specting, rcp;ririny and parpctually n7aimaining any and ail nccCSSary structures anti uihtr apptrrtcl7anCCS fo pror77ote drainage in, alanb, upon and across the Easement Tracl, with the right attd privilege at ~tll ttn7es of Corpus Christi and its a};etus, employees, workmen and representatives having ingress. eg-ress and rebress in, aiong, upon and across the Easement Tract for the above dcscrihed }?exposes. 7. if in7meciiate access is riot reasonably available over the Easement Tract for the above puipascs, then Carpus Christi seeks the right of ingress acid egress aver existing roads itcrciss the adjacent or remainder property of Defendant. for Cite -tbovc-stated purposes. In the event that stlci7 access is nQt reasol7ably available over the Easelnet7t Tract and not available aver r!cisting roads, and only i17 that event, Corpus Christi seeks the right of reasonable ii7gress and egress over ti7e adjacent property of Defendant aiong any route that is reasonable and ai7propriatc under rite circumstances tl7Gn existing in order to ol7tai17 such access. $. Corpus Christi also seeks to acquire a temporary construction casement to be used for working roans and storage of materials and machinery durir7g the construction of the iI11pCOVCI71eI7I5 tltld dralnaaC Sin1CfUCCS 117 the Easement 'Tract. 'I'hC 'i'Gn7p0l'ary COiistn1c11O17 Haset77ent is ftirtl7cr described as a Z~-foot-]vide construction eascma7l containing ?Cf,413 square fact, north of and adjacent ro the E~7sen7ct7t Tract, as more particularly described in lrxhibit "h," T'he `I"elnporary Construction Easement automatically tem7inatcs upon cotnpic:tiott :u7d acre;ptance of the improvcrncnts and drainage structures it7 tl7e >iascn7eut Tract. t'laulutt s C71'li~+tlliit PC11t10Q 3 SIi3Jr,?lv.? ~3~)473RHxlild Riplit3 lZCtIIlRBd Bti' !)efesEdani 9. Defendant wilt retailt the fu 11 use and enjv}nnent of the E:rsemcnt ~i'r;{cE, subject only to the rights of Corpus Christi of ingress and egress nn, over, under and upon tltc Irasentcnt ~Crac:t and the ttsc of the F'ascntcltE Tract by Corpus Christi far the above-stated purposes. lletuttdant shall rtot he pertnitte~l to place or canstruet any stricture in or on the Irasentcnt Tract. E)et'cnd,7nl shall not he p+:rntitted to plant any trees or shrubs on the I~asetnent "tract. \=o changt of grade, or drillinct or excavating for minerals Wray 6e tnadc on the surf:tcc of the Easement ~'ract, attd i7o hahita[tie sttuctares, trees, ar dwellings shall be placed on the I;asemet~t Tract. Ucfendant shall hold title to the land subject to these aforementioned rights in Corpus Christi and may make any use of said land that is oat prohibited herein or that witl not interfere with the construction, maintenance or operation of said drainage structures. Neeotiutians lt). Corpus Christi would further show that, acting by trod through its authorized agent, Corpus Christi has made a bona Eide attempt to acquire the property rights n:ferenccd herein by purchase and has offered to pay reasonable damages, if any, as might accrue to the hFrlancc of the land as a result of the acquisition of tlttse iroperty rights, that Deienefant have refused dtc at~'cr, and, therefore, Corpus Christi attd Defendant have been unable to agree upttt~ the 4:t1ue of the pra}terty rights or privileges or upon the damages, irony, En Defcttdant and to said property and prapeny rights. Plaintiff has provided to Defendant, at or before the tithe the offer was trade, all existing appraisal reports produczd or acquired by Plait~til'f relating to C)etcndant's property and used in dcterntining the final valuation offer. Pi.iirttiff has also provided a laridowtter's hill at rights statement to Defendant, All conditions Itrccedent to I'tc~~:~tilr's Onytnat Prtitinn ~ :liRaE~?li•.~ l~~S'173/6Uitrta instirutiug this cvndenmativn proceeding have occurred, have been ptrfornied ar have been eticused. Texas Pro ern Cvde Uisclosurc I!. Pursuant to Texas Property Code § ?I,t323, disclosure is hereby made flint Defe~tdant yr Defendant's heirs, successors, or assigns are entitled to purchnsc: the property acquired in this case if the public use Cvr which the property was acquired through emi~tent ~lamaiet is canceled before the tenth anniversary o€ the date of acc}uisition; and the repurchase price is the fair market value of the property at the time the public use was canceled. I~/Ii'EREFORE, PREMISES CONSIDERED, CORPUS CHRISTI PRAYS: ! . That three disinterested freeholders of Nueces County, Texas, be appointed ns Special Cvmntissioners to assess the damages, if any, to Defendant's property interest as required by law; ?. That the Special Commissioners so appointed set a date for the lieat~ino; 3. That Defendant be notified of the hearing; 4. That at said hearing, the Special Commissioners assess the value oC the property interests belangitzg to Defendant which are sought to be condemned, and assess damngcs, iCthere be any, that would be occasioned to tltc remainder oCDcfendattt's land by the acquisition attd use uF thL property; 5. 'i'ha[ Carpus Ghris[i have a Decree ofCondemnatian vesting in Corpus Christi the: ut'oresaid property rights; G. That t[pan payment into [he Registry of the Court of the amount awardrd, Corpus Christi have writ of possession issued in i.ls behalf and any other process neces.4ary to enforce the jt,dgnte~tt vfcoifdemnation, all as provided by law; I'tain[3tl's [7riginat Pelitinn ~ ;r,t;.~r,Z i v.3 127'37i~{1UQ04 That it rccavcr its costs of Ihrsc proceedings; and Far such athcr .end further relief, both geteeral and special, at ]avr and in ec3uity, to ~L•hich Corpus Christi neat' be,~ustl}~ entitled. Respectfully subneitted, IACKSON L~ALKER L.L.P. i00 Congress Avenue, Suite 1100 Austin, Texas 7$70 532-23b-20 Fax N 7-23 02 i~eb a ett - 348A931 W. Brad An rs n - 24055 ! 06 ATTORNEYS FOR PLA]'NTIFi; THI; CITY OF CORPUS CHRISTI, TEXAS E'13io3t~l1's Urlgmal Yeiili0tl tt~g.lb~lv.~ I?997i!fr<~~ia I f k STATE OI* TEX.IwS COUNTY OF 1VUECES fJIiAINAG>r EASEM3~NT DRAINAGE CASEMENT Pngc t of J` Z I31;1NG A 20,365 S.F. (0.457 ACRE) PARC£sL pF LAiYD, MORE OR LESS, OUT OF THAT CELtTAIN-18.33 ACRE TRACT QF LAM7 DESCRIBED IN VOI,. 978, PAGE 47, OF TIME OFFICIAL PUBLIC RECORDS OF MJECES COIaNTY, TE}CAS, AND THAT CERTAIN 10.453 ACRE TRACT OF ]i.AI~1D DESCRIBED IN VOL. 978. PAGI± 103, OF THE OFFICIAL PUBLIC RECORDS OF NUEGI'S COUNTY, TEXAS, SAID 18.33 ACRE TRACT BEING OUT OF THE 10HN PRIOUR 7 ACRE SEIAItB, THE TH£QIJORS 1'RIOUR 7 ACRE SIIARE, THE AM1gROSE PRIOUg 7 ACRE SHARE, AND THE R05ALIE PRIOUIt 10.48 ACRE SHARE, ALL DUT DF THE 7 M. FRIOUA I l5 ACRE TRACT, SAID 10.453 ACRE TRACT >3EWC3 OUT OF THB d AND ONB HALF ACRE TRACT DESCRIBED IN VOLUME 313, I'ACrI; 479, Ol= THE OF1ICIAL PUBLIC RECORDS OF NUECES COUNTY, TE7CAS ANI7 OUT O>± A CERTAIN 19,87 ACRE TRACT DESCRIBED iN VOLUME. 355, PAGE 560, OF THE OFFICIAL PUBLIC RECORDS OF NUEGE& COUNTY, TE7{AS, SAID 0.467 ACRE DRAINAC3•E EASEM$NT €1EING MORE PAflTiCULARLY DESCItIZ3ED 8Y METES ATID BOIJt~D5 AS FOLLOWS: ItEG1NNING at a paint on tha existing northwesterly boundary Tina of said 16.33 acre tract, said point havigg State P1anc Coordinates of H - 17, 162283.72 and Ira 1,334,629,34, far the saethwcst earner of said drainage cssamcnt hereia described; THENCE North, $9° 24' QO" Cast with the existing northwesterly baondsry line ofsaid 18.33 acre irsct, s distance of 20.00 feet to a point on the said svathwestcrly boundary ling of 18.33 acrd tract for nn angle comar of said parcel herein described, THENCE South 60° 35' S0" East leaving said southwesterly boundary line of a 18.33 acre Tract, a distanca of47.10 feat to a point for an angla comar of said parcel herein deacrilrcd, THE:Ir1C,E North 84° OS' 14" East, s dist>irtce of 18.28 feet tv a point for an angle cornar ofsaid parcel heroin dcseribad, 'TIiENCE South S4° 04' 20" East, a distance of 519.00 feat to a point far an angle corner ofsaid parcel herein described, TH>PNCF. North 84° 45' 4p" East, a distanca of243.33 feet lv a point far art angle corner ofsaid parcel herein described, THENCE North 37° 15' d0" Esst, a distanca of 69.49 feet tv a point for an angle earner ofsaid parcel herein described, THENCE North 63° 45' 40" East, s distance of&1.92 feet tv a point for art angle comer cif said parcel hercirs described, 'THENCE South 22° 54' 2]" West, a distance of 30.57 fecE to a point far an angle comar of said parcel herein described, THENCE South 53° 45' 40" West, a distanca of 54.09 foes to s point far an angle corner ofsaid parcel hcrtin described, ~, _ . DRAINAGE EASEt41)=N7' ~ I'agn 2 of 2 - 'i'HEZtiCE South 37° t5' a0" Wtat, s distance of 75. k4 feet [a n point for an ungla corner of said parcel herein described, TNENCL South 89° 45' 40" Westr a distsnco of 257.84 fee[ to a paint far an nrgle carver ofsaid parccE herein deaerihed, ` 'CHLzNCE North 64° 04' 20" West, a distance of 5 i 7.94 fact to a point for an angle corner of said pareol herein described, Ti;ZENCE South 84° t}5' 10" Wesl, a disttutcc of 58.94 fact to a point for an angle comer F of said parcel Izerein described, THENCE North 60° 35' So" West, a distance of 53.87 feet rettuning to the i'(lIN'T Oi~ 13EGI]YNING and containinb 20,366 S.F. {4.467 Acre) of land, more or less. . rk sttrvty plat of even date was prepared and is ntadc a part of this metes and bounds desoriplion. *Caardirtates and Bearings shown herein are based an the Texas State Plana Coordinate System NAI)83 { 1993 Adjusirnent), South Zunc (4205). Ali coordinates shown are surface and [nay be - conv~{ted to grid by dividing by the conversion ft3ctor of I.ODOUD i. Randi l;vans, R,P.L.S. 5373 Maverick Hngineering, Inc. 400 Mann Street, Suite Z00 Corpus Christi, Tx. 78401 i'hone (36l) b9ts-3726 -J T@MPORARY CONSTRLICTIgN EAS>rHIEN1' 1'aga 1 oft`2 ST'ATIg OFTE7CAS CDCINTY OF NUECL~S TLII+IP[7RAItY CQNSTAUC7'IOIY EASF~MF'I~j~ BEING A 20,413 S.F (0.469 ACRE} PARCEi, OF LAND, ivtpRE pR LESS, UUT QP THAT CETtTAIN 18.33 ACitE TFtAC1' OF LAND DI?SCEZ7BEl7 1I`l VOL. 976, PAGE 97, OF TFiFs OI~FICL4L Pl3BLIC RECORDS OF NUECES COUNTY, TEJ{AS, AND THAT CER7:+#iN (0.453 ACRE TRACE OF LAND DESCRIBED IAi VQL. 978, PAGE 103, OF THE OFFICIAI. PUBLIC RECORDS OF I+I[IECF.3 COUNTY, TFXA$. SAID 111.33 ACRE TRACT BFINC}. OUT QF THE 3©HN PRIOUR ? ACRE SHARE, THIS THEODORE' PRiOUR 7 ACRIs SHARE, Tii13 AMBROSE PRIOUR ?ACRE SHARE. AND THE ROSALIE PRIClUR 10.4$ ACRE SHAItR, ALL OUT OF 7'iIE J.M. PRIOUR 115 ACRE TRACT, SAID It1.453 ACRE TRACT 1JEINC3 DUT OF THE 4 AND ONB KALF ACR$ TRACT DESCRIBED 1`N VOLUME 3 f 9, PACE 499, OF THE QFFICIAI. PUBLIC RIsCORDS OF NUECES COUN!'Y, TEXAS AND OUT DF A C$RTAIN 19.87 ACRE TRACTDESCRI$13D 1N VDLUb1B 355, PAGE 560, OF THB OFFICIAL PUBLIC RECORDS t1F NUECI?S COUNTY, 9'EJ4A5, 5A1D 0.469 ACRE CQNSTRUCTION EASLMIiN'f BEIN() MORI; PARTICULARLY DESC#i,IHED I3Y METES AND $04JNi3S AS FOLLOWS: 13CGINNING at a point nn the existing northwesterly boundary line ofsaid 18.33 acra tract, said paint hen#ng State Plane Coardinatss afN ~ 17,182299.14 and E ~ 1,336,639.I5, for the southwest comer of said drainage eaaemcnt heron described; TFi>7NC~ North 29° 24' 00" East with the existing northwesterly boundary line of said 18.33 acre tract, s distance of 70A0 fact to a point on the said southwesterly boundary line of 18.33 sera treat for an angle earner of said parcel here#n described, THENCE South 60° 3S' S0"-East Ecavittg said sauthwesttriy boundary line of a 18.33 acre tract, a distance Of 40.74 feet to a point for an eng#e comer of sold parcel hereirf describr~d, THENCE North 84° 05' f0" East, a distance of 57.62 feet to a point far an angle comer ofsaid parcel herein described, 1'HIvNCIr South fi4° Od' 20" East, a distance of 520.06 feet to a point for att angle comer ofsaid paraeE herein described, THENCE North 89° 45' 4D" Easi, a dista»ce of 22B.82 fret to a paint for an angle comer ofsaid parcel herein described, TI4ENCE North 37° I S' 40" East, a distance of 64.83 fast to a point for an angE~: cornrr ofsaid parcel herein drserilred, 'THENCE Nortlt 63° 45' 40" East, a distance of 109.76 Caet to a point for an angle corner of said parcel Istrein described, THRIYCI? South 22° 54' 2I" West, a distance of 30.57 Ceet to a point for an angle comer ofsaid parct:E herein described, THENCE South 63° 45' 4t3" Wts#, a distance o€81.92 feet !o n poin! tar an angle earner ofsaid parcel herein described, 4. ^ 4 ~ r x . a `J ' ~ 'r~r~i~ott~uzr coNSri~uc•rlc~r~t ~gsr:nf~•r~r E'age 2 of 2' I THENCE South 37° 15' 4t)" West, a distance of 69.99 feet to s point fa+• an angle earner ofsaid parcel herein describtd, THENCE South 69.45" 4d" West, a distanca of 243.33 feat to a point Car an angle camcr of raid parctli. herein deacribrd, THENCE North 64° 04' 2ti" West. s distance of 5 ! 9.60 feet to a point tar an angle cornrr ofasi¢ parcel,hcreizt dcacribccT, '1'IIE~ICE ~5outh 84° 05' l:t)" West, 8 distance of 58.28 feet to a point for an unglc corner ofseFid parnei heceindescribcd,': TH)~NCE North bQ°~35' SU" Wcs6 a distanca of 47.10 feet resuming to tlic POINT Cp It}?GINNING end t:pptaining'2D,413 S.F. (O.aG9 Acra~ of lend, mere or less. A survey plat of even date was prepared and is madz a part of this Fnetas bad 6onnds description. *Coori3inatis and $carici~s shown herein art 6astd on the Texas Staic Plano Coordinate System N4D$3' (1993 Adjusttriont),`Sou1h 'Lone (82Q5}. All canrdinates shown am surface and Fnay be CDnvyrt~d to grid 6y dividing by tha conversion factor of 1.OOOfl01. / ~~~