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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 2020 - 2020038038 08/28/2020 11:53AM Page 4 of 7 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 2020 - 2020038038 08/28/2020 11:53AM Page 6 of 7 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 77 Aransas Bay N OL..�y r'- \w •r i it 44r— \-"*.\ . ..-44 1.-, �!', !, •`�'� s,-•+.�; -• tic. ti `1,.,i += i .'� , %, / L;r•ri.._ �••� Nueces Bay 181 �,"`` Annexation .� ... ..r.!..�,,. r'�-y1 `� --_r' /, '% Site ., ` '�-'_ / ;' iti N, '\, Corpus /• , • Christi Bay / / /' tij. •\ 86 /s / `. ® /�j 1 77 'f. Spa ;. I� `+ , - aye/S/d nd pr /• (^I) -•._ L_ / ,l / r—• /• / 1 i �% t'"rl /• i• Legend ! r.__.. /L.-iy�.ina ;. MI Annexation Site l_ _! City Limits j' t`1 _i ! ` i i \ / Cityof Cor us Christi /p /oPUs ;. ,� ..\ Annexation Site Area: 18.59 Acres f / ° *) Ordinance: 032441 / 0 2.5 5 10 likti �! Ordinance Date: 5/25/2021 `••.,••;' Mlles '852' Esri, HERE, Garmin, (c)OrenStreetMap contributors,and the GIS user community Legend , Annexation Site i--- City Limits - u-----! Current Northwests` t `:\ Blvd--' �, 1 �r3 T LL 1' !/' 7 'I.1.i Ir1 ,t k �. ilk .. / / ,I / ., ��il�I / � 1 ,t, �r nE 1 � � k - LL1 .i Q ' I / .411Para.4,411W/ti -'' .'At, fi • r► ! .tea}' dp • i -4.". 404.- , ikt / jp, / ., P // / ,/,• sl'O;/ i• . ..,Ake ,,-• ., , , ** , / ../ /A..., , • . •4,._v r" 4 /,,vcre I ,, : ' ' *ççjto �•_. ....tt,*,% r' gpir wale, el �� 7 • ' 69 7 4 NIP" '44.4t 4e/(4ily li taly, A A me ME / , & Fr# 4te 11014 County-Rd-52 •0 ' 1,4.I - ,I , ;47/k. f r� , / •• / Annexation I yy 1 3 V , �� Site ►�' ---_1 ti,.! y,;f -t - i I- Northwest Blvd r `/ I j �.CR'52 '`si/• Ni '/ i Annexation _ • i; � Site 7_.7./ i I I .C< / 1� , i I : 7: 51{ 1 j•�4 I i i i i i i i N ttiP cSr\ /c,° R%\ Annexation Area = 18.59 Acres City ofA i o �1II Ordinance: 032441 � ate/ Corpus Christi Ordinance Date: 5/25/2021 J `i \,.) . =_85-i 0 250 500 1,000 1 inch = 833 feet C= IIM Feet 1,4) opus cam` o ' 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 (:*; a tet' Tj t',' 1 ;4� 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