HomeMy WebLinkAbout032441 ORD - 05/25/2021Ordinance annexing approximately 18.59 acres of land at or near the
intersection of County Road 52 and US Highway 77/Interstate 69 into
the territorial limits of the City of Corpus Christi
WHEREAS, Texas Local Government Code §43.003 and City Charter of the City
of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject
to the laws of this state;
WHEREAS, the City of Corpus Christi has received a petition for annexation from
landowner of 16.17 Acres out of Lot 9, Block 1, Nueces River Irrigation Park and will
annex an additional 2.42 acres of land associated with County Road 52 right-of-way to
ensure that the annexation area is contiguous to existing City Limits.
WHEREAS, Texas Local Government Code §43.106 provides that a municipality
that proposes to annex any portion of a county road or territory that abuts a county road
must also annex the entire width of the county road and the adjacent right-of-way on both
sides of the county road;
WHEREAS, offers of a development agreement pursuant to Texas Local
Government Code §43.016 has been made;
WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Sec
2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the
owners of land in the area for the provision of services in the area to be annexed, and the
City negotiated and entered into the attached Municipal Service Plan Agreement with the
owners of land in the area for the provision of services in the area to be annexed;
WHEREAS, on May 18th, 2021, a public hearing was held by the City Council,
during City Council meetings held in the Council Chambers, at City Hall, in the City of
Corpus Christi, following proper notice including publication of notice of the hearings in
a newspaper of general circulation in the City of Corpus Christi and posted on the City's
Internet website, for the consideration of annexation proceedings for the defined lands
and territory, during which all persons interested in the annexations were allowed to
appear and be heard;
WHEREAS, City Council finds that the territory now proposed to be annexed lies
wholly within the extraterritorial jurisdiction of the City of Corpus Christi;
WHEREAS, City Council finds that the territory now proposed to be annexed
abuts and is contiguous and adjacent to the City of Corpus Christi;
WHEREAS, City Council finds that the territory now proposed to be annexed
constitutes lands and territories subject to annexation as provided by the City Charter of
the City of Corpus Christi and the laws of the State of Texas; and
WHEREAS, City Council finds that it would be advantageous to the City and to
its citizens and in the public interest to annex the lands and territory hereinafter
described.
032441 SCANNE
D 1 of 6
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The foregoing recitals are hereby found to be true and correct and are
hereby adopted by the City Council and made a part hereof for all purposes as findings
of fact.
SECTION 2. That an 18.59 acres, more or Tess, described by metes and bounds and a
survey map in Exhibit A and Exhibit B, generally located to the south of County Road 52
and west of US Highway 77/1-69, is annexed to, brought within the corporate limits, and
made an integral part of the City of Corpus Christi. Exhibit A and Exhibit B are
incorporated into and made a part of this ordinance.
SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by
this ordinance are entitled to all the rights, privileges, and burdens of other citizens and
property owners of the City of Corpus Christi, and are subject to and bound by the City
Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws,
rules and regulations of the City of Corpus Christi and to all intents and purposes as the
present owners and inhabitants of the City of Corpus Christi are subject.
SECTION 4. The Municipal Service Plan attached to this ordinance as Exhibit C is
approved. Exhibit C is incorporated into and made a part of this ordinance. The service
plan provides for the same number of services and levels of service for the annexed
area and to the same extent that such services are in existence in the area annexed
immediately preceding the date of annexation or that are otherwise available in other
parts of the city with land uses and population densities similar to those contemplated or
projected in the area annexed.
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 add the territory annexed as required by law.
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of the ordinance 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 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.
SECTION 7. The City Secretary is hereby directed to file with the County Clerk of
Nueces County, Texas, a certified copy of this ordinance.
SECTION 8. This ordinance is effective upon passage on second reading.
2 of 6
That the foregoing ordinance was read for the first time and passed to its second reading on this
the 1 day of t CA. , 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this therh
day of U 2021, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
ALi/Q
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the day of (\,0.'--1
ATTEST:
Rebecca Huerta
City Secretary
, 2021.
1324'41 -
Paulette M. Guajardo
Mayor
3
EXHIBIT A
METES AND BOUNDS
18.59 acres
NOTES fora 18.59 Acres, comprising a 16.17 acre tract, out of Lot 9, Block 1, Nueces
River Irrigation Park, as recorded in Vol. A, Pg. 54, of Map of Records of Nueces
County, Texas described in a Special Warranty Deed from TXCT Realty, LLC, to LD
Calallen CCTX Hwy 77, LLC, as recorded in Document No. 2020038038, Official Public
Records of Nueces County, Texas; and a tract of land containing 0.812 acres of land
out of Lot 9, Block 1, Nueces River Irrigation Park, recorded in Vol. A, Pg. 54, of the
Map of Records of Nueces County, Texas; and a tract of land containing 0.925 acres of
land out of Lot 8, Block 1, of Nueces River Irrigation Park as recorded in Vol. A, Pg. 54,
of the Map of Records of Nueces County, Texas; and a segment of County Road 52
Right -of -Way (ROW). These tracts and ROW being more particularly described by
metes and bounds as follows.
BEGINNING at a TXDOT Type II Monument Found, on the West ROW line of US
Highway 77, the North line of a 12.00 -acre tract described as Tract 1, in a Deed from
the Commercial National Bank of Beeville to Steven R. Hook, as recorded in Volume
2117, Page 231, Deed of Records of Nueces County, Texas, for the Southeast corner
of the said 16.17 acre tract and this tract, from Whence a TXDOT Type II Monument
Found, bears South 09°18'06" West, 271.29 Feet;
THENCE North 84° 53' 48" West, with the common boundary line of said 12.00 -acre
tract and the said 16.17 -acre tract, 975.74 Feet, to a Mag Nail with washer stamped
"URBAN ENGR CCTD" Found, being an inner corner of said 12.00 -acre tract, for the
Southwest corner of the said 16.17 -acre tract and this tract;
THENCE North 09° 15' 02" East, continuing with the said common boundary line of the
12.00 -acre tract, 726.52 feet, to a 5/8 inch iron rod with red plastic cap stamped
"URBAN ENGR C.C. TX" found, on the South ROW line of County Road 52, for the
Northwest corner of said 16.17 -acre tract, the Southwest corner of the 0.812 -acre tract,
and point along the western boundary of this tract;
THENCE North 09° 12' 14" East, along the Western edge of 0.812 -acre tract, a distance
of 33.94 feet, to the South ROW line of County Road 52, to the Northwest corner of the
0.812 -acre tract, and a point on the western boundary of this tract;
THENCE North 09° 16' 57" East, a distance of 30.08 feet, crossing the length of the 30'
County Road 52 ROW to a point along the Northern edge of the County Road 52 ROW,
same point being the Southeast corner of the 0.925 -acre tract, for a point along the
western boundary of this tract;
THENCE North 09° 16' 56" East, a distance of 35.429 feet, to the Northwest corner of
the 0.925 -acre tract, for the Northeast corner of this tract;
4
THENCE South 85° 38' 35" East, a distance of 770.59 feet, to a set 5/8" Iron Rod with
plastic cap stamped "City of Corpus Christi, TX", for a point on the Northern edge of the
0.925 -acre tract, and a point along this tract;
THENCE South 80° 45' 05" East, a distance of 156.00 feet, to a set 5/8" Iron Rod with
plastic cap stamped "City of Corpus Christi, TX", being a point along the Northern edge
of the 0.925 -acre tract, and a point along the Northern edge of this tract;
THENCE North 54° 14' 45" East, a distance of 70.71 feet, to a set 5/8" Iron Rod with
plastic cap stamped "City of Corpus Christi, TX" on the West ROW line of U.S. Highway
77, being the Northeast corner of the 0.925 -acre tract, also being the Northeast corner
of this tract;
THENCE South 09° 14' 37" West, continuing with the West ROW line of U.S. Highway
77, a distance of 80.82 feet, to a point on the North ROW of County Road 52, being the
Southeast corner of the 0.925 -acre tract, for a point along the Eastern edge of this tract;
THENCE South 09° 17' 40" West, continuing with the West ROW line of U.S. Highway
77, a distance of 30.08 feet, crossing the length of the 30' County Road 52 ROW to a
point along the Southern edge of the County Road 52 ROW, same point being the
Northeast corner of the aforementioned 0.812 -acre tract, for a point along the Eastern
boundary of this tract;
THENCE South 09° 14' 55" West, continuing with the West ROW line of U.S. Highway
77, a distance of 93.10 feet, being the Southeast corner of the 0.812 -acre tract, same
point being the Northeast corner of the 16.17 -acre tract, for a point along the Western
edge of this tract;
THENCE South 09° 18' 04" West, along the West U.S. Highway 77 ROW, continuing
with the Eastern edge of said 16.17 -acre tract, a distance of 667.151 feet, to the
Southeast corner of the 16.17 acre tract, to the Point of Beginning, containing 18.59
Acres (809,780.40 Sq. Ft.) of land, more or Tess.
Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate
System of 1983, Texas South Zone 4205, and are based on the North American Datum
of 1983(2011) Epoch 2010.00.
5
EXHIBIT B
ANNEXATION AREA MAP
UNE
DIRECTION
DISTANCE.ly
Ll
9 845348 W
973740
12
N 031501 E
726.521
L3
N 09-12-14 E
33.937
12
ND9-15-57E
30.04.7
L5
909-16-56E
35.429
L5
5 E-35-35 E
770590
L7
583-45-05E
156000
15
N 54-145 E
70.710
19
5 03-14-37 W
80.820
L10
5 C9-17-40 W
30.077
111
5 09-14-55W
93.100
L12
5 a4-18-04 W
567.151
lot 7, Block 1
Nueces River Irrigation Park
vol. A, Pg. 54, Map
Records of Nueces County, Texas
(Owner: E.R. & Nina E. Needham)
No. 762, Pg. 516 D.N.R.C.T.(
1 0.925 does
of land out of Lot B, Block 1
•Nueces River Irrigation Park
10 i, A, Pg. 54, Map
Records of Nueces County, Texas
`(Owner: City of Corpus Christi)
Lot a, Block 1
Nueces River Irrigation Park
Vol. A, Pg. 54, Map
Records of Nueces County, Texas
(Owner: Frederick). Nemec. Et UX)
(101. 1426, Pg. 691, D.N.R.C.T(
L6
17
L8
0.812 Acres
of land out of Lot 9, Block 1
Nueces River Irrigation Park
TOL A, Pg. 54, Map
Records of Nueces County, Texas
(Owner: City of Corpuschristi)
16.17 Acre5
Out of Lot 9, Block 1
Nueces River Ilrigatiorl Park
Wt. A, Pg. 54, Map
Records of Nueces County, Texas
(Owner: LD Ca fallen CCTX Hwy 77, LLC(
(Doc No. 2020038038,O.P.R.N.C.T.)
Legend
Oty Limits -
current
OAnnexation
Sde
22.004cres out of Lots9 and 10, 81033 2
Nu et es Silver lrr18atton Pa rkvol. A, Pg. Sl Map
Records of Nueces County Teras
(Owner Steven R. Hook) (vol 2117, Pg. 231,
L12
City of
Corpus Christi
Print Date: 03/02/2021
Ex hibit A: Annexation Area
= 18.59 acres
1 inch =200 feet
0 125
250
N
A
500
Feet
6
EXHIBIT C
MUNICIPAL SERVICE PLAN AGREEMENT
FOR 16.17 ACRES OUT OF LOT 9, BLOCK 1, NUECES RIVER IRRIGATION PARK
This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and
between the City of Corpus Christi ("City"'), and LD Calallen CCTX Hwy 77, LLC
("Landowner"), both of which may be referred to herein singularly as "Party" or
collectively as the "Parties."
WHEREAS, the Landowner has requested that the City consider annexation of a
tract of land totaling approximately 16.17 acres of land situated in Nueces County,
Texas, as specifically described in Special Warranty Deed attached as
Exhibit "A" ("Subject Property"), which is attached hereto and incorporated herein
for all purposes;
WHEREAS, the City intends to institute annexation proceedings for the
"Subject Property;
WHEREAS, Texas Local Government Code §43.0672 requires a
written agreement for the provision of services in the area first be entered into between
the City and Landowner of the Subject Property prior to annexation;
WHEREAS, the City and the Landowner agree each will benefit from the
City's development restrictions and zoning requirements, as well as other municipal
services provided by the City which are good and valuable consideration for the
Landowner to request annexation and for the Parties to enter into this Agreement for
the City to provide the listed services upon annexation and in accordance with this
Agreement;
WHEREAS, the City Council of the City of Corpus Christi, Texas, finds
and determines that this Agreement will not provide any fewer services or a lower
level of services in the annexation area than were in existence in the annexation area
at the time immediately preceding the annexation process. The service agreement will
provide the annexed area with a level of service, infrastructure, and infrastructure
maintenance that is comparable to the level of service, infrastructure, and
infrastructure maintenance available in other parts of the municipality with
topography, land use, and population density similar to those reasonably
contemplated or projected in the area.
WHEREAS, it is found that all statutory requirements have been satisfied and
the City is authorized by Texas Local Government Code Chapter 43, to annex the
Subject Property into the City;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the Parties hereto agree as follows:
Section 1. Recitals
The Parties hereto acknowledge and agree that the foregoing recitals are hereby
found to be true and correct and are hereby adopted by the Parties and made a part
hereof for all purposes.
Section 2. Services to be Provided
The following service list represents the provision of services agreed to between the
landowner of the Property and the City establishing a program under which the City will
provide municipal services to the Subject Property as required by Texas Local
Government Code §43.0672, which will be provided at a level consistent with services
levels provided to other similarly situated areas within the City.
a. General Municipal Services.
The following services shall be provided immediately from the effective date of the
annexation:
(1) Police Protection:
Services to be Provided: The Corpus Christi Police Department (CCPD) will
provide police protection.
(2) Fire Protection:
Services to be Provided: The Corpus Christi Fire Department will provide fire
protection and suppression through its existing fire stations.
(3) Emergency Medical Service:
Services to be Provided: The Corpus Christi Fire Department will provide
emergency medical services.
(4) Solid Waste Collection:
Services to be Provided: After the effective date of annexation, the City of Corpus
Christi will provide solid waste services to single family residential customers
directly or indirectly through a third -party contract.
Commercial garbage collection service for businesses and multi -family residences
is available on a subscription basis from private service providers. The City of
Corpus Christi will allow commercial refuse collectors to continue providing this
service to condominium complexes, multi -family apartments and commercial and
industrial establishments.
(5) Water Service:
Existing Services: Currently, the Nueces County WCID #3 holds a water
certificate of convenience and necessity ("CCN") for the annexation area.
Services to be Provided: In accordance with the applicable rules and
regulations for the provision of water service, water service will be provided to
the Subject Property, or applicable portions thereof, by the utility holding a water
CCN for the subject property or portions thereof (the "CCN holder") and, as
applicable, the utility providing wholesale or retail water service to said CCN
holder. Absent a water CCN, by the utility in whose jurisdiction the Subject
Property, or portions hereof as applicable, is located, the extension of water
service will be provided in accordance with all the ordinances, regulations,
and policies of the City.
2
(6) Wastewater Service:
Existing Services: Currently, the annexation area lies outside a wastewater
certificate of convenience and necessity ("CCN").
Services to be Provided: Absent a wastewater CCN by the utility in whose
jurisdiction the subject property, or portions thereof as applicable, is located, the
extension of wastewater service will be provided in accordance with all the
ordinances, regulations, and policies of the City. When areas are not reasonably
accessible to a public wastewater facility of sufficient capacity as determined by
adopted City wastewater standards, individual aerobic system or individual
wastewater treatment plant will be utilized in accordance with all the ordinances,
regulations, and policies of the City.
(7) Operation and Maintenance of Water and Wastewater Facilities that are
not Within the Service Area of Another Water or Wastewater Utility:
Water and wastewater service will be provided in accordance with the Corpus
Christi Unified Development Code, Utility Department Policies and engineering
standards and provided the service is not within the certificated service area of
another utility through existing facilities located within or adjacent to the area. Any
and all water or wastewater facilities owned or maintained by the City of Corpus
Christi, Texas, at the time of the proposed annexation shall continue to be
maintained by the City of Corpus Christi, Texas. Any and all water or wastewater
facilities that may be the property of another municipality or other entity shall not
be maintained by the City of Corpus Christi unless the facilities are dedicated to
and accepted by the City of Corpus Christi. The current water line mains at their
existing locations shall be available for point of use extension based upon the
current City's standard water extension policies now existing or as may be
amended.
On-site sewage facilities may be allowed contingent upon the property owner
meeting all city, county, state and federal requirements.
(8) Operation and Maintenance of Roads and Streets, including Street
Lighting:
The City will maintain public streets over which the City has jurisdiction. Roads,
streets or alleyways which are dedicated to and accepted by the City of Corpus
Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be
maintained to the same degree and extent that other roads, streets and alleyways
are maintained in the City. Lighting of public roads, streets and alleyways shall be
maintained by the applicable utility company servicing the City unless the lighting
facility has been dedicated to the public, in which case the City will be the operator.
3
(9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools:
Currently there are no public recreational facilities in the annexation area including
parks, playgrounds, or swimming pools. Any park that may be under the
responsibility of the County will be maintained by the City only upon dedication of
the park by the County to the City and acceptance of the park by the City Council.
If the City acquires any parks, playgrounds, or swimming pools within the
annexation area, an appropriate City department will provide maintenance
services.
(10) Operation and Maintenance of any other Publicly -Owned Facility,
Building, or Service:
Currently there are no such other publicly owned facilities, buildings, or services
identified. If the City acquires any publicly owned facilities, buildings, or services
within the annexation area, an appropriate City department will provide
maintenance services.
(11) Planning and Zoning Services:
Existing Services: Subdivision planning services currently provided when plats are
submitted for City review.
Services to be Provided: The City will impose and enforce zoning, subdivision
development, site development and building code regulations with the Annexed
Area upon the effective date of the annexation. Enforcement will be in accordance
with City ordinances. Development plans and plats for projects within the Annexed
Area will be reviewed for compliance with City standards. The use of land in a legal
manner may continue in accordance with Texas Local Government Code §43.002.
(12) Other Municipal Services:
City recreational facilities, including parks and library, will be available for use by
landowners or residents of the Annexed Area on the same basis as those facilities
are available to current City landowners and residents. City residents receive
program preference for some City programs. Excluding gas and electric services,
other City services including Animal Control, Code Enforcement, Municipal Court
and General Administration services will be also be available to landowners and
residents in the Annexed Area on the same basis those facilities are available to
current City landowners and residents. All other services contemplated herein will
be available upon the effective date of annexation.
b. Capital improvements.
No additional capital improvements are necessary at this time to service the Subject
Property in the same manner as similarly situated properties. Upon development of the
Subject Property or redevelopment, the Landowner will be responsible for the
development costs the same as a developer in a similarly situated area under the
ordinances in effect at the time of development or redevelopment. Capital improvement
acquisition or construction will occur in accordance with applicable ordinances and
regulations and the adopted capital improvement plans of the City, as may be amended.
4
(1) Water and Wastewater Facilities: Water and Wastewater infrastructure
and improvements will be constructed by the Landowner or Landowner's
developer according to the Corpus Christi Unified Development Code, City's Water
and Wastewater standards, and City's master plans, as may be amended.
(2) Roads and Streets: Road and street infrastructure and improvements will
be constructed by the Landowner or Landowner's developer according to the
Corpus Christi Unified Development Code, City's design standards, and City's
master plans, as may be amended.
In general, the City will acquire control of all public roads and public streets within
the annexation area upon annexation. Future extensions of roads or streets and
related facilities, such as traffic control devices, within the City limits will be
governed by the City's standard policies and procedures.
(3) Street Lighting: Street lighting in new and existing subdivisions will be
installed and maintained in accordance with the applicable standard policies and
procedures.
Section 3. Schedule of Services
In accordance with Texas Local Government Code § 43.0672(c), no other services are
contemplated by this Agreement and a schedule for future services as contemplated by
Texas Local Government Code § 43.0672(b) is not applicable as all services identified
herein will be provided upon the effective date of annexation.
Section 4. Level of Service
Nothing in this Agreement shall require the City to provide a uniform level of full municipal
services to each area of the City, including the annexed areas, if different characteristics
of topography, land use, and population density are considered a sufficient basis for
providing different levels of service.
The City of Corpus Christi will provide services to the newly annexed area in a manner
that is similar in type, kind, quantity, and quality of service presently enjoyed by the
citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography,
land utilization and population density.
Section 5. Vested Rights Claims.
This Agreement is not a permit for the purposes of Texas Local Government Code
Chapter 245.
Section 6. Effective Term
The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This
agreement is effective upon execution by the City.
5
Section 7. Force Majeure
In case of an emergency, such as force majeure as that term is defined in this Agreement,
in which the City is forced to temporarily divert its personnel and resources away from the
annexation area for humanitarian purposes or protection of the general public, the City
obligates itself to take all reasonable measures to restore services to the annexation area
of the level described in this Agreement as soon as possible. Force Majeure shall
include, but not be limited to, acts of God, acts of the public enemy, war, blockages,
insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods,
washouts, droughts, tornadoes, hurricanes, arrest and restraint of government,
explosions, collisions and other inability of the City, whether similar to those enumerated
or otherwise, which is not within the control of the City. Unavailability or shortage of funds
shall not constitute Force Majeure for purposes of this Agreement.
Section 8. Legal Construction.
If any provision in this Agreement is for any reason found to be unenforceable, to the
extent the unenforceability does not destroy the basis of the bargain among the parties,
the unenforceable provision will not affect any other provision hereof, and this Agreement
will be construed as if the unenforceable provision had never been a part of the
Agreement. Whenever context requires, the singular will include the plural and neuter
include the masculine or feminine gender, and vice versa. Headings on this Agreement
are for reference only and are not intended to restrict or define the text of any section.
This Agreement will not be construed more or less favorably between the Parties by
reason of authorship or origin of language.
Section 9. Amendment and Modifications.
This Agreement may be amended or modified only in a written instrument that is executed
by both the City and the landowner or landowners after it has been authorized by the City
Council.
Section 10. Effect of Future Laws.
No subsequent change in the law regarding annexation shall affect the enforceability of
this Agreement.
Section 11. 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 12. Counterparts.
This Agreement may be executed in any number of counterparts with the same effect as
if all signatory Parties had signed the same document. All counterparts will be construed
together and will constitute one and the same instrument.
Section 13. Entire Agreement
This Agreement contains the entire agreement between the Parties relating to the rights
herein granted and the obligations herein assumed and cannot be varied except by
written agreement of the Parties. Any oral representation or modification concerning this
6
instrument shall be of no force and effect except for any subsequent modification in
writing, signed by the Party to be charged.
Section 14. Binqinq Effect/Authority
This agreement binds and inures to the benefit of the Parties and their respective heirs,
successors, and permitted assigns. Each party further warrants that each signatory to this
agreement is legally authorized to bind the respective individual or entity for the purpose
established herein.
CITY OF CORPUS CHRISTI LANDOWNER
By: By:
Peter Zanoni, R. Neil Crouch II
City Manager Manager
LD CalaIlen CCTX Hwy 77, LLC
Date: Date:
APPROVED AS TO FORM:
By:
Buck Brice
Assistant City Attorney
for the City Attorney
7
2020 - 2020038038 08/28/2020 11:53AM Page 1 of 7
EXHIBIT A
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
Date: August 2'7, 2020
Grantor: TXCT Realty, LLC, a Texas limited liability company
Grantor's Mailing Address:
9706 Appin Falls
Spring, Texas 77379
Attention: Mr. Terry Oppliger
Grantee: LD Calallen CCTX Hwy 77, LLC, a Delaware limited liability company
Grantee's Mailing Address:
2313 Penrose Ave.
Mesquite, Texas 75150
Attention: R. Neil Crouch, II
Consideration:
The Property is conveyed to Grantee for Ten Dollars ($10.00) and other good and
valuable consideration cash in hand paid by Grantee to Grantor.
Property (including any improvements):
16.17 ACRES OUT OF LOT 9, BLOCK 1, NUECES RIVER IRRIGATION PARK,
AS RECORDED IN VOLUME A, PAGE 54, OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS, BEING A PORTION OF THE LAND DESCRIBED
IN A PARTITION DEED BETWEEN ALBERT F. STUCHLY AND WIFE,
MARGARET STUCHLY AND CHARLES A. STUCHLY AND WIFE, HATTIE
STUCHLY, AS RECORDED IN VOLUME 793, PAGE 336, DEED RECORDS OF
NUECES COUNTY, TEXAS, SAID 16.17 ACRE TRACT BEING MORE FULLY
DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED
HEREIN.
Special Warranty Deed
Page 1
2020 - 2020038038 08/28/2020 11:53AM Page 2 of 7
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty:
The Property shall be conveyed subject to the following matters (collectively the
"Permitted Exceptions"):
(a) Rights of tenants in possession under any and all outstanding lease agreement
recorded or unrecorded.
(b) The rights ofNueces County Water Control and Improvement District No. 3
to levy taxes, standby fees, and issue bonds, together with any and all easement rights
relating to the Utility service provided to the subject property.
(c) Pipeline Right of Way dated December 17, 1936, from Joe A. Stuchly to
Magnolia Pipe Line Company, recorded under Clerk's File No. 111424, Volume 229,
Page 12, Deed Records of Nueces County, Texas, assigned to Koch Gathering
Systems, Inc. by instrument dated January 3, 1986, recorded under Clerk's File No.
475739, Volume 1999, Page 935, Deed Records ofNueces County, Texas.
(d) Right of Way dated December 12, 1945, form Joe A. Stuchly and wife,
Winnie Stuchly to Central Power and Light Company, recorded under Clerk's File No.
214970, Volume 317, Page 347, Deed Records ofNueces County, Texas.
(e) Terms, conditions and provisions of Agreement and QuitClaim of Water
Rights dated June 18, 1962, from Albert F. Stuchly and Margaret Stuchly to Nueces
County Water Control and Improvement District No. 3, recorded under Clerk's File
No. 623301, Volume 998, Page 321, Deed Records of Nueces County, Texas.
(f) Utility Easement and Covenant of Access dated June 26, 2017, executed by
TXCT Realty, LLC to Nueces Electric Cooperative, Inc., recorded under Clerk's File
No. 2017039395, Oficial Public Records of Nueces County, Texas.
(g) Coal, lignite, oil, gas or other mineral interest(s), together with rights incident
thereto, contained in Mineral and/or Royalty Deed dated July 26, 1979, form Charles
Venice Canine, Jr., Independent Executor and Trust names in the Will of Walton S.
Jolley, Deceased to Jack Robert Jolley, recorded under Clerk's File No. 144955,
Volume 706, Page 64, Oil and Gas Records ofNueces County, Texas.
(h) Interest in and to all coal, lignite, oil, gas, and other minerals, and all rights
incident thereto, contained in Warranty Deed dated July 25, 1925, form W.J. Jolley
and wife, Mary F. Jolley to Joe A. Stuchly, recorded under Clerk's File No. 22147,
Volume 156, Page 8, Deed Records of Nueces County, Texas, which document
Special Warranty Deed
Page 2
"As
2020 - 2020038038 08/28/2020 11:53AM Page 3 of 7
contains the following language "Reservation by Grantor of an undivided interest in
and to all the oil, gas and other minerals".
(i) All, leases, grants, exceptions or reservations of coal, lignite, oil, gas and other
minerals, together with all rights, privileges, and immunities relating thereto,
appearing in the Public Records whether listed or not. There may be leases, grants,
exceptions or reservations of mineral interest that are not listed.
(j) All matters shown, including but not limited to fence not following the
property line, on the Vacant Lot Survey dated March 2, 2020, prepared by Urban
Engineering, James David Carr, RPLS, License No. 6458.
(k) Building restrictions and zoning regulations heretofore or hereafter adopted by
any governmental, municipal or other public authority relating to or encumbering the
Property.
(1) Real property taxes for 2020 and subsequent years, and subsequent taxes and
assessments by any taxing authority for 2020 and prior years due to change in land
usage or ownership.
Is, Where Is" Conveyance:
GRANTEE, BY ACCEPTANCE OF THIS SPECIAL WARRANTY DEED,
ACKNOWLEDGES THAT IT HAS INSPECTED AND ASSESSED THE
PROPERTY AND HAS SATISFIED ITSELF AS TO THE CONDITION OF
SAME, INCLUDING THE PRESENCE OR ALLEGED PRESENCE OF
HAZARDOUS SUBSTANCES (WHETHER UNDER LOCAL, STATE,
FEDERAL, COMMON LAW OR OTHERWISE) IN, ON, UNDER OR
ABOUT THE PROPERTY AND THAT IT ACCEPTS THE PROPERTY "AS
IS" AND "WHERE IS" AND WITH ALL FAULTS, WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED,
IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES, INCLUDING ANY
IMPLIED WARRANTY AS TO HABITABILITY, SUITABILITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
FITNESS FOR ANY PURPOSE, SAVE AND EXCEPT THE WARRANTIES
OF TITLE CONTAINED HEREIN.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty set forth herein, (a) grants, sells, and conveys to Grantee the
Property, together with all and singular the rights and appurtenances thereto in any way belonging, to
have and to hold it to Grantee and Grantee's heirs, successors, and assigns forever and (b) binds
Grantor and Grantor's heirs and successors to warrant and forever defend all and singular the
Special Warranty Deed
Page 3
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Property to Grantee and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
When the context requires, singular nouns and pronouns include the plural.
Signature page follows:
Special warranty Deed
Page 4
2020 - 2020038038 08/28/2020 11:53AM Page 5 of 7
IN WITNESS WHEREOF, this Special Warranty Deed has been executed by Grantor on
the date of the acknowledgment set forth below, to be effective for all purposes as of August Z1,
2020.
TXCT Realty, LLC
THE STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on Q , 2020, by Terry
Oppliger, Manager of TXCT Realty, LLC, a Texas limited liability company on behalf of said
limited liability company.
ANGELA SYZDEK
NODttA13RY 146155IC9
State of Texas
Comm. Exp. 02-22-2022
After recording return to:
Special Warranty Deed
Signature Page
Notary Pu.t7 c in and for tate of Texas
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Exhibit A
Property
16.17 ACRES OUT OF LOT NINE (9), BLOCK ONE (1), NUECES RIVER IRRIGATION PARK, an Addition
in Nueces County, Texas, as shown by the map or plat thereof, recorded in Volume A, Page 54, Map
Records of Nueces County, Texas, to which reference is here made for all pertinent purposes.
16.17 ACRE TRACT OF LAND, OUT OF LOT 9, BLOCK 1, NUECES RIVER IRRIGATION PARK, as
recorded in Volume A. Page 54, of the Map Records of Nueces County, Texas, being the same land
described in a Special Warranty Deed from Terry M. Oppliger to TXCT Realty, LLC, as recorded in
Document No. 2016059548, Official Public Records of Nueces County, Texas, said 16.17 acre tract
being more fully described as follows:
BEGINNING at a TXDOT Type II Monument found, on the West Right -of -Way line of US Highway 77,
the North line of a 12.00 Acre Tract described as Tract 1, in a Deed from The Commercial National
Bank of Beeville to Steven R. Hook, as recorded in Volume 2117, Page 231, Deed Records of Nueces
County, Texas, for the Southeast comer of this Tract, from WHENCE a TXDOT Type II Monument
found, bears, South 09 18' 06" West, 271.29 feet;
THENCE, North 84° 53' 48" West, with the North line of said 12.00 Acre Tract, 975.74 feet, to a Mag
Nail with washer stamped "URBAN ENGR CCTX" Set, for an inner ell comer of said 12.00 Acre Tract,
the Southwest comer of this tract;
THENCE, North 09° 15' 02" East, with the said 12.00 Acre Tract, 726.52 feet, to a 5/8 inch iron rod with
red plastic cap stamped "URBAN ENGR C.C. TX" Set, on the South Right -of -Way line of County Road
52, for the Northwest corner of this tract;
THENCE, with the said South Right -of -Way Zine as follows:
• South 84° 46' 07' East, 865.02 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN
ENGR C.C. TX"Set;
• South 80° 42' 51" East, 60.92 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN
ENGR C.C. TX"Set;
• South 35° 42' 51" East, 70.71 feet to a 5/8 inch iron rod with red plastic cap stamped "URBAN
ENGR C.C. TX" Set on the said West Right -of -Way line, for a comer of this tract;
THENCE, South 09° 18' 06" West, with the said West Right -of -Way line, 666.52 feet, to the POINT OF
BEGINNING, containing 16.17 Acres (704,528 Sq. Ft.) of Land, more or less.
Special Warranty Deed
Exhibit A
2020-2020038038 08/28/2020 11:53 AM Page 7 of 7
Nueces County
Kara Sands
Nueces County
Clerk
Instrument Number: 2020038038
eRecording - Real Property
DEED
Recorded On: August 28, 2020 11:53 AM Number of Pages: 7
" Examined and Charged as Follows: "
Total Recording: 531.00
STATE OF TEXAS
NUECES COUNTY
I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
printed hereon, and was duly RECORDED in the Official Records of Nueces County, Texas.
Kara Sands
Nueces County Clerk
Nueces County, TX
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2020038038 Simplifile
Receipt Number: 20200828000091 484 North 300 West, Suite 202
Recorded Date/Time: August 28, 2020 11:53 AM
User: Lourdes V Provo UT
Station: CLERK05
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' Ili g A CITY OF CORPUS CHRISTI
...,,t..; "�^r
r�y CERTIFICATION OF PUBLIC RECORD
'''AVs 1852
THE STATE OF TEXAS §
COUNTY OF NUECES §
I, the undersigned City Secretary of the City of Corpus Christi, Texas, so
certify that the following is a true and correct copy of Ordinance No. 032441,
passed and approved by the Corpus Christi City Council on May 25, 2021 as same
appears in the Official Records of the City of Corpus Christi, Texas, of which the
City Secretary's Office is the lawful custodian.
WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi,
Texas, this 2nd day of June, 2021.
-a!_ 5 ' A .
"10;, Rebecca Huerta
4 . e, City Secretary
. /
! 1 N; Corpus Christi, Texas
'x1
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City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi,Texas 78469-9277
(361) 826-3105
rebeccah@cctexas.corn
Nueces County
Kara Sands
Nueces County Clerk
*VG-85-2021-2021030561*
Instrument Number: 2021030561
Official Public Records
NOTICE
Recorded On: June 16, 2021 01:08 PM Number of Pages: 24
" Examined and Charged as Follows: "
Total Recording: $109.00
�� STATE OF TEXAS
�pVN1Y c�.4ii t. Nueces County
*S I hereby certify that this Instrument was filed in the File Number sequence on the date/time
j . ,„$ printed hereon, and was duly recorded in the Official Records of Nueces County,Texas
0o v.- /N2:. Qi
112
, o. Kara Sands
op NUE��Sn� ,
Nueces County Clerk } ja)‘0--
Nueces County, TX
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2021030561 CITY OF CORPUS CHRISTI
Receipt Number: 20210616000146
Recorded Date/Time: June 16, 2021 01:08 PM
User: Randall N
Station: CLERK02
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
Notice of Public Hearing on
Voluntary Annexation
CITY OF CORPUS CHRIS TI -SECRETARY The City of Corpus Christi
PO BOX 9277 City Council will hold a
public hearing on a pro-
posed annexation of 18.59
CORPUS CHRISTI,TX 78401 acres generally located at
the Southwest corner of
County Road 52 and U.S.
Highway 77. The public
hearing will take place on
STATE OF WISCONSIN) Tuesday, May 18, 2021, dur-
)) ing the regular City Council
meeting, which commences
COUNTY OF BROWN) at 11:30 a.m. in the Council
Chambers, City Hall, 1201
Leopard Street. The annex-
I, being first duly sworn,upon oath depose and say that I ation includes 16.17 Acres
am a legal clerk and employee of the publisher,namely,the out of Lot 9, Block 1,
Nueces River Irrigation
Corpus Christi Caller-Times,a daily newspaper published Park and a portion of Coun-
at Corpus Christi in said City and State,generally circulated ty Road 52.
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, To participate in the
Kleberg, Live Oak, Nueces, Refugio, and San Patricio, above-mentioned annexa-
tion public hearing, the
Counties,and that the publication of which the annexed is a COVI D-19 Public Attend-
true copy,was inserted in the Corpus Christi Caller-Times once & Comment Proce-
dures can be found at https
on the following dates: ://www.cctexas.com/depart
ments/city-secretary.
For more information, con-
04/30/2021 tact Avery Oltmans, AICP,
City Planner: by email at
AveryO@cctexas.com or by
On this April 30,2021, I certify that the attached document is phone at(361)826-3425.
/s/Rebecca Huerta
a true and exact copy made by the publisher: City Secretary
egal Notice C -rk IC ACU'
lit 73
CP O�
Notary Publi , :te of isci, County of Brown C
rn
Z
Notary Expires ;v --1
S
Publication Cost: $199.00
Ad No: 0004712377 NANCY HEYRMAN
Customer No: 1490432
PO#: Voluntary Annexation Notary Public
#of Affidavits) State of Wisconsin
This is not an invoice