HomeMy WebLinkAbout033094 ORD - 07/18/2023Ordinance annexing approximately 10.817 acres of land into the
territorial limits of the City of Corpus Christi and rezoning the annexed
property at or near 2738 London Pirate Road (County Road 33) from
the interim "FR" Farm Rural District to the "RS -6 Single -Family 6
District; providing for a penalty not to exceed $2,000 and publication.
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, offers of development agreements pursuant to Texas Local
Government Code §43.016 have 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 Exhibit 3 Municipal Service Plan
Agreement with the owners of land in the area for the provision of services in the
area to be annexed;
WHEREAS, 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
the publication of notice of the hearings in a newspaper of general circulation in the City
of Corpus Christi, 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;
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;
WHEREAS, pursuant to the Corpus Christi Unified Development Code §4.1.5, all
new territory annexed to the City has the initial zoning of "FR" Farm Rural District unless
action is taken to amend the Zoning Map upon annexation;
WHEREAS, the landowners have requested rezoning that is concurrent with the
annexation process for the subject property located at or near the northeast end of
London Pirate Road (formerly CR 33) south of Oso Creek;
033094
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SCANNED
WHEREAS, with proper notice to the public, a public hearing was held regarding
the rezoning during a meeting of the Planning Commission during which all interested
persons were allowed to appear and be heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final
report and recommendation regarding the application for an amendment to the City of
Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning
Map;
WHEREAS, with proper notice to the public, a public hearing was held regarding
the rezoning during a meeting of the City Council, during which all interested persons
were allowed to appear and be heard;
WHEREAS, the City Council finds that this zoning is not detrimental to the
public health, safety, or general welfare of the City of Corpus Christi and its citizens; and
WHEREAS, the City Council finds that this zoning will promote the best and most
orderly development of the properties affected thereby, and to be affected thereby, in
the City of Corpus Christi.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
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. A 10.817 -acre tract of land, more or less, described by metes and bounds
in Exhibit 1 and a map in Exhibit 2, generally located at the northeast end of London
Pirate Road (County Road 33) south of Oso Creek, is annexed to, brought within the
corporate limits, and made an integral part of the City of Corpus Christi.
SECTION 3. 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 official map and boundaries of the City and its extraterritorial
jurisdiction, previously adopted and amended, are amended to include the territories
described in this ordinance as part of the City of Corpus Christi, Texas.
SECTION 5. That the City Manager or his designee is directed and authorized to
perform or cause to be performed all acts necessary to correct the official map of the
City and its extraterritorial jurisdiction to add the territory annexed as required by law.
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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 the 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. The Unified Development Code ("UDC") and corresponding UDC
Zoning Map of the City of Corpus Christi, Texas, are amended by rezoning a 10.817 -
acre tract of land (tract 1) as described in Exhibit "1" and shown in Exhibit "2", from
the:
"FR" Farm Rural District to the "RS -6" Single -Family 6 District
SECTION 9. The UDC and corresponding UDC Zoning Map of the City, made
effective July 1, 2011, and as amended from time to time, except as changed by this
ordinance, both remain in full force and effect including the penalties for violations
as made and provided for in Article 10 of the UDC.
SECTION 10. To the extent this amendment to the UDC represents a deviation
from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform
to the UDC, as it is amended by this ordinance.
SECTION 11. All ordinances or parts of ordinances specifically pertaining to the
zoning of the subject property that are in conflict with this ordinance are hereby
expressly repealed.
SECTION 12. A violation of this ordinance, or requirements implemented under
this ordinance, constitutes an offense punishable as provided in Article 1, Section
1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus
Christi Code of Ordinances.
SECTION 13. Publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 14. This ordinance is effective upon passage of the second reading.
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That the foregoing ordinance was read for the first time and passed to its second reading on this the
al lay of •30.4\Q , 2023, by the following vote:
Paulette Guajardo
Roland Barrera
Sylvia Campos
Gil Hernandez
Michael Hunter
Ab5v\\'
Jim Klein
Mike Pusley
Everett Roy
Dan Suckley
Mo
A,R
A -AA
That the foregoing ordinance was read for the second time and passed finally on this the 1 ?D-fli day
of �J V��y , 2023, by the following vote:
Paulette Guajardo
Roland Barrera
Sylvia Campos
Gil Hernandez
Michael Hunter
PASSED AND APPROVED on this the
ATTEST:
Rebecca Huerta
City Secretary
EFFECTIVE DATE
1 day of
033 094
Jim Klein
Mike Pusley
Everett Roy
Dan Suckley
TEALai
, 2023.
Paulette Guajardo
Mayor
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Exhibit 1
STATE OF TEXAS
COUNTY OF NUECES
EXHIBIT A
Field notes ofa 10.817 acre tract being all of an 8.00 acre tract described in a deed recorded in Document
No. 2016053230, Official Public Records Nueces County, Texas, and also being out ofa 3.472 acre tract
described in a deed recorded in Document No. 2021002859, Official Public Records Nueces County.
Texas. Said 10.817 acre tract being out of Section "D", Lourdes Farm Tracts Subdivision, as shown on a
map recorded in Volume 3, Page 15, Map Records Nueces County, Texas. Said 10.817 acre tract being
more particularly described as follows.
BEGINNING at a point in the east right of way of County Road 33, for the northwest comer of Lot 2,
Block 17, London Towne Subdivision Unit 1, as shown on the plat recorded in Volume 69, Pages 493 —
494, Map Records Nueces County, Texas, and for the southwest corner of this tract.
THENCE with the common line of the east right of way of County Road 33, and this tract, North
20°19'51" East, at a distance of 379.42 feet pass a 5/8" re -bar found previously set 14.20 feet to the left,
and in all a total distancc of 533.06 feet to a point in the east right of way of County Road 33, in the south
line of a 64.00 acre tract described in a decd recorded in Document No. 2020001025, Official Public
Records Nueces County, Texas. and for the northwest corner of this tract, from WHENCE a 5/8" re -bar
found in the west right of way of County Road 33, and for the northwest corner of said 3.472 acre, bears
South 89°12'48" West. at a distance of 15.41 pass a 518" re -bar found previously set, and in all a total
distance of 54.20 feet.
THENCE with the common line of said 64.00 acre tract and this tract, North 89°12'48" East, a distance
of 936.36 fcct to a 518" re -bar found in the west line ofa 308.99 acre tract described in a deed recorded in
Document No. 941343, Official Records Nueces County, Texas, for the northeast corner of said 3.472
acre tract, and for the northeast corner of this tract, from WHENCE a 5/8" re -bar found in the east line of
said 64.00 acre tract, bears North 18°03'22" East, a distance of 299.26 feet.
THENCE with the common line of said 308.99 acre tract and this tract, South 18°03'22" Wcst, at a
distance of 146.03 feet pass a 5/8" re -bar found previously set for an outside corner of said 3.472 acre
tract. and in all a total distance of 525.44 feet to 0 point for the southwest corner of said 308.99 acre tract,
and for the southeast corner of this tract.
THENCE with the south line of this tract, South 89°12'51" West, at a distance of 274.72 feet pass a 5/8"
re -bar found for the northwest corner of Lot 15, of said Block 17, at a distancc of 374.76 feet pass a 5/8"
rc-bar found for the northwest corner of Lot 13, of said Block 17, at a distance of 574.78 feet pass a 5/8"
re -bar found for the northwest corner of Lot 9, of said Bleck 17, at a distance of 774.84 feet pass a 518"
re -bar found for the northwest corner of Lot 5, of said Block 17, and in all a total distance of 958.71 feet
to the POINT of BEGINNING, and containing 10.817 acres of land, more or less.
Notes:
1.) A Map of equal date accompanies this Metes and Bounds description.
2.) Set 5/8" re -bar z steel re -bar set with yellow plastic cap labeled Bristcr Surveying.
3.) This exhibit does not represent an on the ground boundary survey.
4.) Measured bearings arc based on global positioning system NAD 83 (93) 4205 DATUM.
I, Ronald E. Brister do hereby certify that this exhibit of the property legally described herein is correct to
the best�of my knowledge and belief.
t.
Ronald E. Brister, RPLS No. 5
Date: September 16, 2022.
Job No. 222186
Page I of2
5 of 16
EXHIBIT B
J
Exhibit 2
EXHIBIT OF
A 10.817 ACRE TRACT BEING ALL OF AN 8.00 ACRE TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT
NO. 2016053230, OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS, AND ALSO BEING OUT OF A 3.472 ACRE
TRACT DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 2021002859, OFFICIAL PUBLIC RECORDS NUECES
COUNTY, TEXAS. SAID 10.817 ACRE TRACT BEING OUT OF SECTION "D'. LAURELES FARM TRACTS SUBDIVISION.
AS SHOWN ON A MAP RECORDED IN VOLUME 3, PAGE 15. MAP RECORDS NUECES COUNTY, TEXAS.
64.00 ACRES
DOC. NO.2020001025
OP.R.N.C.T.
OITAIL P0T
TO SCALE
NS9' 12' 48'E 936.36' (MEAS)
S/8,
22^k,
308.99 ACRES
DOC. NO.941343
525
CMG
10.817 ACRES
471,185 S.F.
4 LOT 1)
LOT 16
LOT 15
LOT 14
LOT 12
01 DETAIL
NOT TO SCAI.l:
LI = S89' 12' 48"W 54.20' (MEAS)
1.2 m N20' 19' 5l"E 533.06' (MEAS)
. FOUND PREVIOUSLY SET 5/8" RE•BAR
pO . FOUND 5)8" RE -BAR
O = PROPERTY CORNER
PAGE 2 0T+2
Brister Surveying
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14 MCIIO AK/ bOU MOS OFICRIPTIO.'1 OF EQUAL
DATL' ACCOMPANIL311115 CXIII6TT.
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) MPASI1RI U MIIARLNQI ARE RASED ON GLOBAI.
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ILIIYLY C.=
SEPTEMBER 16.2022
THIS PXHIDIT DOE3 :.011KU:06 THE RESEAItCH
lNVE11lGATION.OR LOCAIIONSOFALL SEX'ITUDES
PASL'MI NIS. NIGHT OF *ATT. OR 1.1I1L27IE1 ON THIS
PROPERTY
I. RONALD 1. /Manx DOIIEREbY CERTIFY THAT
Ma EXMIbff OF TIIE PROIIRTY LL'GALEY
DOOMED WREN 0 CORRECT TO TIIE DESI OF '40
M)AWtEDGE AND DCLIYJ.
JOB NO. 222186
11
RONALD 0. NOSIER R.PiS. NO. $407
6 of 16
Exhibit 3
MUNICIPAL SERVICE PLAN AGREEMENT
FOR 10.817 ACRE TRACT BEING ALL OF AN 8.00 ACRE TRACT DESCRIBED IN A
DEED RECORDED IN DOCUMENT NO. 2016053230, OFFICIAL PUBLIC RECORDS
NUECES COUNTY, TEXAS, AND ALSO BEING OUT OF A 3.472 ACRE TRACT
DESCRIBED IN A DEED RECORDED IN DOCUMENT NO. 2021002859, OFFICIAL
PUBLIC RECORDS NUECES COUNTY, TEXAS. SAID 10.817 ACRE TRACT BEING
OUT OF SECTION "D", LAURELES FARM TRACTS SUBDIVISION, AS SHOWN ON A
MAP RECORDED IN VOLUME 3, PAGE 15, MAP RECORDS NUECES COUNTY,
TEXAS
This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement') is entered into by and
between the City of Corpus Christi ("City'"), and Susan Klaus, Agape Ranch
("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 10.817 acres of land situated in Nueces County,
Texas, as specifically described in Metes and Bounds attached as Exhibit A and map in
Exhibit B ("Subject Properly"'), 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:
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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 City of Corpus Christi holds a water certificate of
convenience and necessity ("CCN') for the annexation area.
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Services to be Provided: The City of Corpus Christi will continue to provide water
service to the annexed area. 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
thereof as applicable, is located, the extension of water service will be provided in
accordance with all the ordinances, regulations, and policies of the City.
(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:
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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.
(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 Govemment 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.
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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.
(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
govemed 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.
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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.
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.
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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
instrument shall be of no force and effect except for any subsequent modification in
writing. signed by the Party to be charged.
Section 14. Binstinq Effect/Authority
This agreement binds and inures to the benefit of the Part1Ps and their resper•.tive 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:
Pe er Zanon , Sus. Klaus
City Manager Executive Director
Agape Ranch
Date: 5-5'-2-,3
APPROVED AS TO FORM
By:
Buck Brice
Senior Assistant City Attorney
for the City Attorney
Date: -5-I3/23
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EXHIBIT A
METES AND BOUNDS
10.817 acres
Field notes of a 10.817 acre tract being all of an 8.00 acre tract described in a deed
recorded in Document No. 2016053230, Official Public Records Nueces County,
Texas, and also being out of a 3.472 acre tract described in a deed recorded in
Document No. 2021002859, Official Public Records Nueces County, Texas. Said
10.817 acre tract being out of Section "D", Laureles Farm Tracts Subdivision, as shown
on a map recorded in Volume 3, Page 15, Map Records Nueces County, Texas. Said
10.817 acre tract being more particularly described as follows.
BEGINNING at a point in the east right of way of County Road 33, for the northwest
corner of Lot 2, Block 17, London Towne Subdivision Unit 1, as shown on the plat
recorded in Volume 69, Pages 493 - 494, Map Records Nueces County, Texas, and for
the southwest corner of this tract.
THENCE with the common line of the east right of way of County Road 33, and this
tract, North 20°19' 51" East, at a distance of 379.42 feet pass a 5/8" re -bar found
previously set 14.20 feet to the left, and in all a total distance of 533.06 feet to a point
in the east right of way of County Road 33, in the south line of a 64.00 acre tract
described in a deed recorded in Document No. 2020001025, Official Public Records
Nueces County, Texas, and for the northwest comer of this tract, from WHENCE a 5/8"
re -bar found in the west right of way of County Road 33, and for the northwest comer
of said 3.472 acre, bears South 89°12'48" West, at a distance of 15.41 pass a 5/8" re -
bar found previously set, and in all a total distance of 54.20 feet.
THENCE with the common line of said 64.00 acre tract and this tract, North 89°12'48"
East, a distance of 936.36 feet to a 5/8" re -bar found in the west line of a 308.99 acre
tract described in a deed recorded in Document No. 941343, Official Records Nueces
County, Texas, for the northeast corner of said 3.472 acre tract, and for the northeast
corner of this tract, from WHENCE a 5/8" re -bar found in the east line of said 64.00
acre tract, bears North 18°03'22" East, a distance of 299.26 feet.
THENCE with the common line of said 308.99 acre tract and this tract, South 18°03'22"
West, at a distance of 146.03 feet pass a 5/8" re -bar found previously set for an outside
corner of said 3.472 acre tract, and in all a total distance of 525.44 feet to a point for
the southwest comer of said 308.99 acre tract, and for the southeast corner of this
tract.
THENCE with the south line of this tract, South 89°12 '51" West, at a distance of
274.72 feet pass a 5/8" re -bar found for the northwest corner of Lot 15, of said Block
17, at a distance of 374.76 feet pass a 5/8" re -bar found for the northwest corner of Lot
13, of said Block 17, at a distance of 574.78 feet pass a 5/8" re -bar found for the
northwest corner of Lot 9, of said Block 17, at a distance of 774.84 feet pass a 5/8" re -
8
14 of 16
bar found for the northwest corner of Lot 5, of said Block 17, and in all a total distance
of 958.71 feet to the POINT of BEGINNING, and containing 10.817 acres of land,
more or less.
Notes:
1.) A Map of equal date accompanies this Metes and Bounds description.
2.) Set 5/8" re -bar = steel re -bar set with yellow plastic cap labeled Brister Surveying.
3.) This exhibit does not represent an on the ground boundary survey.
4.) Measured bearings are based on global positioning system NAO 83 (93) 4205
DATUM.
9
15 of 16
EXHIBIT B
ANNEXATION AREA MAP
io
16 of 16
Caller Times
► PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PUBLIC HEARING TO CONSIDER
RE-ZONING
CITY OF CORPUS CHRIS TI -SECRETARY APPLICATION(S) IN THE CITY OF CORPUS CHRISTI
Notice is hereby given that the Corpus Christi City Council
PO BOX 9277 will conduct a public hearing on June 27, 2023, during a
regular Council meeting which commences at 11:30 a.m. in
the Council Chambers, City Hall, 1201 Leopard, to consider
CORPUS CHRISTI, TX 78401 the following zoning application(s) which are on file in
Department of Development Services. At said time &place
of hearing, persons & parties interested may appear before
the City Council:
Case No. 1122-01 Mustang Island Estates, LP, (District 4):
STATE OF WISCONSIN) Ordinance rezoning a property at or near 149 Mustang
)) island Estates Drive from the "RM-AT" Multifamily
Apartment Tourist District to the "CN-1" Neighborhood
COUNTY OF BROWN) Commercial District. Providing for a penalty not to exceed
$2,000 and publication.
Case No. 0423-01, Corpus Christi Party Hotel, LLC (District
I, being first duly sworn, upon oath depose and say that I 1): Ordinance rezoning property at or near 910 Corn
am a legal clerk and employee of the publisher, namely,the Products Road from the "CG-2" General Commercial
District to the "CG-2/SP" General Commercial District
Corpus Christi Caller-Times, a daily newspaper published with a Special Permit; Providing for a penalty not to
at Corpus Christi in said City and State, generally circulated exceed$2,000 and publication.
Case No. 0423-03 Agape Ranch, (District 3): Ordinance
in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, rezoning a property at or near 2738 London Pirate Road
Kleberg, Live Oak, Nueces, Refugio, and San Patricio, (County Road 33) from the interim "FR" Farm Rural
District, established upon annexation, to the "RS-6"
Counties, and that the publication of which the annexed is a Single-Family 6 District. Providing for a penalty not to
true copy,was inserted in the Corpus Christi Caller-Times exceed$2,000 and publication.
in the following issue(s)dated: Is/ Rebecca Huerta
City Secretary
06/11/2023
On this June 11, 2023, I certify that the attached document
is a true and exact copy made by the publisher:
Legal Notice Clerk
,
_•.AIu LACJ.
Notary Pu. ic, State o Wisconsi ounty of Brown
i(tOrt
Notary Expires
'1VICKY FELTY
Publication Cost: $315.40 Notary Public
Ad No: 0005731606 State of Wisconsin
Customer No: 1490432
PO#: 1112-01
#of Affidavits1
This is not an invoice
•
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
Notice of Public Hearing on Proposed Annexation
The City of Corpus Christi City Council will hold a public
CITY OF CORPUS CHRIS TI -SECRETARY hearing on the proposed annexation of a 10.817-acre tract of
land, located on the northeast end of London Pirate Road
PO BOX 9277 (formerly CR 33) south of Oso Creek, into the territorial
limits of the City of Corpus Christi.
The public hearing will take place on Tuesday, June 27,
CORPUS CHRISTI, TX 78401 2023, during a regular City Council meeting which begins at
11:30 a.m. in the Council Chambers, at City Hall, 1201
Leopard Street. The completed annexation will not expand
the City's extraterritorial jurisdiction (ETJ). The ETJ
promotes and protects the general health, safety, and
STATE OF WISCONSIN) welfare of persons residing in and adiacent to the
)) municipalities. City ordinances governing plats and
subdivisions will be applicable within the newly created
COUNTY OF BROWN) ETJ.
For more information, contact Senior City Planner Leane
Heldenfels either by email at LeaneH@cctexas.com or by
I, being first duly sworn, upon oath depose and say that I phone at (361) 826-3494.
am a legal clerk and employee of the publisher,namely, the Is/City RebeccaSecreta
Huerta
City
ry,
Corpus Christi Caller-Times, a daily newspaper published City of Corpus Christi,Texas
at Corpus Christi in said City and State,generally circulated
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells,
Kleberg, Live Oak, Nueces, Refugio, and San Patricio,
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
06/12/2023
On this June 12,2023, I certify that the attached document
is a true and exact copy made by the publisher:
Legal Notice Clerk
4(2,2)1/11/4ifki
Notary Public, State of Wit
i consin,V.unty of Brown
1i1 �J
Notary Expires
Publication Cost:$218.40
Ad No: 0005733743
Customer No: 1490432
PO#: 0005733743
#of Affidavits 1
This is not an invoice
VICKY FELTY
Notary Public
State of Wisconsin
Caller Times
P PT 01 THE LICA TOOAY NFTVvOPY'
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(5)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 033094, Ordinance
annexing approximately
PO BOX 9277 10.817 acres of land into the
territorial limits of the City
of Corpus Christi and
CORPUS CHRISTI, TX 78401 rezoning the annexed
property at or near 2738
London Pirate Road
(County Road 33) from the
interim "FR" Farm Rural
STATE OF WISCONSIN) District to the "RS-6
)) Single-Family 6 District;
providing for a penalty not
COUNTY OF BROWN) to exceed $2,000 and
publication. This ordinance
was passed and approved
I,being first duly sworn, upon oath depose and say that I on second reading by the
am a legal clerk and employee of the publisher,namely,the Corpus Christi City Council
on July 18,2023.
Corpus Christi Caller-Times,a daily newspaper published /s/Rebecca Huerta
at Corpus Christi in said City and State,generally circulated City Secretary
in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells,
Kleberg, Live Oak, Nueces, Refugio,and San Patricio,
Counties,and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
07/24/2023
On this July 24,2023, I certify that the attached document is
a true and exact copy made by the publisher:
^ / Legal Notice Clerk
Notary Public,State of Wisconsin,County of Brown
3/17/122
Notary Expires
KAITLYN FELTY
Notary Public
Publication Cost:$116.55
Ad No: 0005775857 State of Wisconsin
Customer No: 1490432
PO#: 033094
#of Affidavits 1
This is not an invoice