HomeMy WebLinkAbout10332 ORD - 06/30/1971z
VMP:6/30/71
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO CECUTE A QUITCLAIM
DEED TO SOUTHWESTERN OIL & REFINING COMPANY QUITCLAIMING
TO SAID CORPORATION A 30" CONCRETE PIPE SEWER AND EASE-
MENT ACROSS AN 18.33 ACRE TRACT KNOWN AS GENERAL AMERICAN
NO. 1 TRACT AND A 10.453 ACRE TRACT IN THE NAME OF SOUTH-
WESTERN OIL & REFINING COMPANY, IN EXCHANGE FOR TWO
DRAINAGE EASEMENTS ACROSS THE PROPERTY OF.THE CORPORATION
AFORESAID AT TERMINAL NO. 1 AND THE SALT FLAT AREA IMMEDI4
ATELY ADJACENT THERETO, ALL AS MORE FULLY SET FORTH IN
THE DEEDS, ATTACHED HERETO AND MADE A PART HEREOF; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED
TO EXECUTE A QUITCLAIM DEED TO SOUTHWESTERN OIL & REFINING COMPANY QUITCLAIM-
ING TO SAID CORPORATION A 30" CONCRETE PIPE SEWER AND EASEMENT ACROSS AN '
18.33 ACRE TRACT KNOWN AS GENERAL AMERICAN NO. 1 TRACT AND A 10.453 ACRE
TRACT IN THE NAME OF SOUTHWESTERN OIL & REFINING COMPANY, IN EXCHANGE FOR
TWO DRAINAGE EASEMENTS ACROSS THE PROPERTY OF THE CORPORATION AFORESAID,
AT TERMINAL NO. 1 AND THE SALT FLAT AREA IMMEDIATELY ADJACENT THERETO, ALL
AS MORE FULLY SET FORTH IN THE DEEDS ATTACHED HERETO, MARKED EXHIBITS "A ",
IIB ", AND "C", AND MADE A PART HEREOF.
SECTION 2. THE NECESSITY TO EXECUTE THE AFORESAID QUITCLAIM
DEED TO SOUTHWESTERN OIL & REFINING COMPANY AND TO ACCEPT FROM SAID CORPORA-
TIO% TWO DRAINAGE EASEMENTS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION -SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH
EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF
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THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF
ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND
AFTER
� �ZITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE
G'vk) DAY OF Q/1'L-A-C% , 19 1.
i d
ATTEST•
J-
CITY SECRE ARY \
APPROVED:
AY OF ,
u1NJ rv)lv__tl
MAYOR /
THE CITY OFICORP CHRISTI, TEXAS
1971:
I T�TTORNEY // 10332 •
QUITCLAIM DEED
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES I
THAT the City of Corpus Christi, a municipal corporation,
by and through its duly appointed City Manager, R. Marvin
Townsend, of the County of Nueces, State of Texas, for and
in consideration of the sum of One & no /100 Dollars ($1.00)
in hand paid by the grantee herein named, the receipt of which
is hereby acknowledged, has quitclaimed, and by these presents
does quitclaim unto Southwestern Oil & Refining Company, a cor-
poration, all of its right, title, and interest in and to the
following described property situated in Nueces County, Texas,
to -wit:
Being a 30 inch diameter reinforced concrete pipe
storm sewer extending across an 18.33 acre tract
known as General American No. 1 Tract, recorded in
Volume 20, page 9, Map Records of Nueces County,
Texas, and a 10.453 acre tract in the name of South-
western Oil & Refining Company, recorded in Volume
978, page 97, Deed Records of Nueces County, Texas.
Said storm sewer enters said 18.33 acre tract at a
point in the west boundary line of said 18.33 acre
tract in line with the extension of John Street and
continues in an easterly direction across said 18.33
* acre tract and said 10.453 acre tract approximately
1050 feet to the existing drainage ditch along the
east boundary line of said 10.453 acre tract, a map
of which is marked "Exhibit A" and attached hereto
and made a part hereof for all purposes;
together with all rights in and to any easement, either by grant
or prescription, under which said 30 inch diameter concrete pipe
was laid upon and across said land.
TO HAVE AND TO HOLD all of its right, title and interest
in and to the above described property and premises unto the
said grantee, its successors and assigns, forever, sothat neither
it nor its successors, legal representatives, or assigns shall
t_JC 4 / 3 17 fi "
at any time hereafter have, claim, or demand any right or
title to the aforesaid property, premises or appurtenances
or any part thereof.
EXECUTED this day of 1971.
CITY OF CORPUS CHRISTI
By
ATTEST: R. Marvin Townsend,
City Manager
C�it�y Secretary
/!1)/ /U
R. W. Coffi ,
Assistant City Attorney
THE STATE OF TEXAS �
COUNTY Or NbECES
BEFORE ME, the undersigned authority, on this day per-
sonally appeared R. MARVIN TOWNSEND, City Manager of the City
of Corpus Christi, a municipal corporation, of Nueces County,
Texas, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein
expressed, in the capacity therein stated and as the act and
deed of said municipal corporation.
Given under my hand and seal of office, on this the
day of , 1971.
Notary Public in and for NUECES
County,Texas
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LEATHERS HOUSING PROJECT NO -,-2
xt �3
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF NUECES X
THAT Southwestern Oil & Refining Company, a Texas cor-
poration, hereinafter called "grantor ", in consideration of
the sum of One Dollar ($1) and other valuable consideration
paid by the City of Corpus Christi, a municipal corporation
incorporated under the laws of the State of Texas, herein-
after called "grantee ", the receipt of such consideration
being hereby acknowledged, hereby grants and conveys unto
grantee an easement to construct, maintain, inspect, service,
repair and remove a drainage ditch or storm sewer under, on
and over the following described land in Nueces County, Texas,
to -wit:
Being a tract of 0.145 acres of land in the City
of Corpus Christi. Said tract is situated in
Nueces County, Texas, and is in the Salt Lake area
and also out of the southwest part of a 10.435 acre
tract of land conveyed to the Southwestern Oil &
Refining Company by deed dated October 15, 1962,
and of record in Volume 978, Page 97, of the Deed
Records of Nueces County, Texas, and is more par-
ticularly described by the following metes and
bounds:
Beginning at a point on the division line between
the said 10.453 acre tract in the name of South-
western Oil & Refining Company and a 6.322 acre
tract in the name of Josephine Sparks which bears
N 220 54' 21" E 88.93 feet from the north line of
a 17.461 acre tract known as the Leathers Housing .
Project No. 2 for the southwest corner of the tract
herein described;
e
Thence S 63° 45' 40" W 33.91 feet to an angle
point;
Thence S 370 15' 40" W 78.86 feet to an angle
point;
Thence S 89° 45' 40" W 268.34 feet with a line
that is parallel to and 5.25 feet north of the
north line of the Leathers Housing Project No. 2,
to a point for corner;
Thence N 64° 04' 20" W at 55.34 feet to a point
in the boundary line between the General American
Transportation Company's 18.33 acre tract and
Southwestern Oil & Refining Company's 10.453 acre
tract and which point bears N 43° 37' 00" E 40.20
feet from the northwest corner of the Leathers
Housing Project No. 2 for the southwest corner of
the tract herein described.
Thence N 43° 37' E with the division line between
EXHIBIT `'
Qu
the General American Transportation Company's 18.33
acre tract and Southwestern Oil & Refining Company's
10.453 acre tract 15.22 feet to a point for the
northwest corner of the tract herein described;
Thence S 64° 04' 20" E 47.36 feet to an angle point;
Thence N 89° 45' 40" E 257.84 feet to an angle point;
Thence N 370 15' 40" E 75.14 feet to an angle point;
Thence N 63° 45' 40" E 54.09 feet to a point in the
division line between the Josephine Sparks 6.322 acre
tract and Southwestern Oil & Refining Company's 10.453
acre tract for the northeast corner of this Survey;
Thence S 22° 54' 21" W 22.16 feet with the said
division line between the Josephine Sparks 6.322
acre tract and Southwestern Oil & Refining Company's
10.453 acre tract to the place of beginning and con-
taining 0.145 acres of land, more or less.
TO HAVE AND TO HOLD unto grantee for the purposes afore-
said upon the following terms and conditions which are a part
of the consideration for the grant of this easement and which
by its acceptance hereof, grantee covenants and agrees to keep
and perform;
(1) During the construction of said drainage ditch or
storm sewer grantee shall have the right to use temporarily
an additional strip of land forty feet (40') in width ad-
joining and alongside of the above described easement strip.
After construction is completed grantee will grade, clean,
repair and restore to its prior condition the surface of the
area adjoining said permanent easement strip. Thereafter
grantee shall have no right to use any portion of the adjoining
land of grantor without its consent first obtained except in
any case requiring emergency repair of said drainage ditch or
storm sewer, in which event grantee shall have the right to
use only so much of grantor's land adjoining said easement
strip as is necessary to effect such emergency repair and in
no event shall the land so used be a greater area than that
used for the initial construction. After any such use the
surface shall be restored by grantee in the same manner and
to the same extent provided following completion of initial
construction. Grantee shall promptly pay grantor the amount
of damage sustained, if any, by grantor as a result of the
use of grantor's adjoining land.
(2) Grantee agrees that said drainage ditch or storm
sewer shall be constructed, maintained and operated in a manner
that will prevent the erosion of the adjoining land of grantor
therefrom and grantee will pay grantor the amount of any
damages resulting to grantor through erosion of its land from
the construction, maintenance and operation of said drainage
ditch or storm sewer.
(3) Grantor shall have the right to discharge its own
drainage into said drainage ditch or storm sewer.
(4) Said easement shall terminate if said drainage
-2-
ditch or storm sewer shall be unused by grantee for a period
of twelve (12) consecutive months or if grantee shall at
any time abandon the use of the same for the purposes granted
herein. Upon termination of this easement grantee agrees
that it will promptly remove from said land any pipe, conduit,
or other material placed thereon'or therein by it. In the
event grantee fails to remove any material placed by it in
said drainage ditch or storm sewer within ninety (90) days
after the written request of grantor for the removal thereof
following termination of this easement, then such material
may be removed by grantor for the account of and at the cost
of grantee, and any such expense so incurred by grantor in
the removal thereof shall be paid to grantor promptly by
grantee upon invoice and billing therefor.
EXECUTED this -"-/ day of June, 1971, grantor
acting herein by and through its duly authorized officers here-
unto.
SOUTHWESTERN OIL & REFINING COMPANY
By. =4 �✓
H. R.-Sager
Executive V,4/le President
ATTEST
Julia ell, A sistant Secretary
D •
THE STATE OF TEXAS X
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day per-
sonally appeared H.R. SAGER, Executive Vice President of
SOUTHWESTERN OIL & REFINING COMPANY, a corporation, known to
me to be the person and officer whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was
the act of said corporation, and that he executed the same as
the act and deed of such corporation for the purposes and con-
sideration therein expressed and in the capacity therein stated.
Given under my hand and seal of office, this o20 d day
of June, 1971.
Notary Public in and for NUECES
County, Texas.
-3-
Accepted for the City of Corpus Christi, a Municipal Corporation and
body politic under the laws of the State of Texas, this
day of ; 197_, by authority of Ordinance
No. of , 197
R. Marvin Townsend
City Manager
CITY OF CORPUS CHRISTI
ATTEST: `
BY:
City Secretary
APPRO`VEE1DJ AS TO LEGAL FOR THIS
�-day of Lam'' ,197
AgIL. City Att fy
THE STATE OF TEXAS
COUNTY OF NUECES
Before me, the undersigned authority on this day personally appeared
City Manager of the CITY OF CORPUS CHRISTI,
TEXAS, a municipal corporation, known to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the CITY OF CORPUS CHRISTI
for the purposes and consideration therein expressed and in the capacity
therein stated.
Given under my hand and seal of office this day of
19
Notary Public in and for Nucces County, 'Texas
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L E A T H LER S HOUSING -P.ROJECT NO. 2
,5C47le /" M /O rd '
MR
co
LLL
THE STATE OF TEXAS i
COUNTY OF NUECES .
KNOW ALL MEN BY THESE PRESENTS:
THAT Southwestern Oil & Refining Company, a Texas cor-
poration, hereinafter called "grantor ", in consideration of
the sum of One Dollar ($1) and other valuable consideration
paid by the City-of Corpus Christi, a municipal corporation
incorporated under the laws of the State of Texas, herein-
after called "grantee ", the receipt of such consideration
being hereby acknowledged, hereby grants and conveys unto
grantee an easement to construct, maintain, inspect, service,
repair and remove a drainage ditch or storm sewer under, on
and over the following described land in Nueces County, Texas,
to -wit:
Being an 0.204 acre tract of land out of an 18.33'
acre tract formerly in the name of General American
Transportation Company. Said tract is situated in
the Salt Flat area of the City of Corpus Christi,
in Nueces County, Texas, and is more particularly
described by the following metes and bounds:
Beginning at a point in the division line between
the 18.33 acre tract formerly in the name of
General American Transportation Company tract and
Southwestern Oil & Refining Company's 10.453 acre
tract which bears N 43° 37' E 40.20 feet from the
northwest corner of the Leathers Housing Project
No. 2 for the southeast corner of the tract herein
described;
Thence N 64° 04' 20" W 461.82 feet to an angle
point;
Thence S 84° 05' 10" W 59.42 feet to an angle
point;
Thence N 60° 35' 50" W 37.09 feet to an inner
corner;
Thence S 29° 24' 10" W 18.0 feet to a point for
corner;
Thence N 60° 35' 50" W 22.0 feet to a point for
a corner;
Thence N 29° 24' 10" E 12.5 feet to a point for
a corner,
Thence N 60° 35' 50" W 15.0 feet to a point in the
East right -of -way line of the Missouri Pacific
Railroad for the southwest corner of the tract
herein described;
Thence N 29° 24' 10" E 20.0 feet with the said
east line of the Missouri Pacific Railroad right -of-
way and being also the west boundary line of the
_ .._
EXKJBit "�''
former General American Transportation Company's
18.33 acre tract to a point for the northwest
corner of the tract herein described;
Thence S 60° 35' 50" E 69.47 feet to an angle
point;
Thence N 84° 05' 10" E 58.94 feet to an angle
point;
Thence S 64° 04' 20" E 470.58 feet to a point
in the northwest boundary line of Southwestern
Oil & Refining Company's 10.453 acre tract for
the northeast corner of the tract herein de-
scribed;
Thence S 43° 37' W 15.22 feet with the division
line between the General American Transportation
Company tract and the Southwestern Oil & Refining
Company tract to the place of beginning and con -
taining 0.204 acres of land, more or less.
TO HAVE AND TO HOLD unto grantee for the purposes afore-
said upon the following terms and conditions which are a part
of the consideration for the grant of this easement and which
by its acceptance hereof, grantee covenants and agrees to keep
and perform:
(1) During the construction of said drainage ditch or
storm sewer grantee shall have the right to use temporarily
an additional strip of land forty feet (40') in width ad-
joining and alongside of the above described easement strip.
After construction is completed grantee will grade, clean,
repair and restore to its prior condition the surface of the
area adjoining said permanent easement strip. Thereafter
grantee shall have no right to use any portion of the adjoining
land of grantor without its consent first obtained except in
any case requiring emergency repair of said drainage ditch or
storm sewer, in which event grantee shall have the right to
use only so much of grantor's land adjoining said easement
strip as is-necessary to effect such emergency repair and in
no event shall the land so used be a greater area than that
used for the initial construction. After any such use the
surface shall be restored by grantee in the same manner and
to the same extent provided following completion of initial
construction. `Grantee shall promptly pay grantor the amount
of damage sustained, if any, by grantor as a result of the
use-of grantor's adjoining land.
(2) Grantee agrees that said drainage ditch or storm
sewer shall be constructed, maintained and operated in a manner
that will prevent the erosion of the adjoining land of grantor
therefrom and grantee will pay grantor the amount of any
damages resulting to grantor through erosion of its land from
the construction, maintenance and operation of said drainage
ditch or storm sewer.
(3) Grantor shall have the right to discharge its own
drainage into said drainage ditch or storm sewer.
-2-
(4) Said easement shall terminate if said drainage
ditch or storm sewer shall be unused by grantee for a period
of twelve (12) consecutive months or if grantee shall at
any time abandon the use of the same for the purposes granted
herein. Upon termination of this easement grantee agrees
that it will promptly remove from said land any pipe, conduit,
or other material placed thereon or therein by it. In the
event grantee fails to remove any material placed by it in
said drainage ditch or storm sewer within ninety (90) days
after the written request of grantor for the removal thereof
following termination of this easement, then such material
may be removed by grantor for the account of and at the cost
of grantee, and any such expense so incurred by grantor in
the removal thereof shall be paid to grantor promptly by
grantee upon invoice and billing therefor.
EXECUTED this -gay of 1971, grantor
acting herein by and through its du authorized officers here-
unto.
SOUTHWESTERN OIL & REFINING COMPANY
By
H. Sag
E.ecutivgVVice President
ATTEST;
Jul 11, Assistant Secretary
THE STATE OF TEXAS I
COUNTY OF NUECES X
BEFORE ME, the undersigned authority, on this day per-
sonally appeared H. R. SAGER, Executive Vice President of
SOUTHWESTERN OIL & REFINING COMPANY, a corporation, known to
me to be the person and officer whose name is subscribed to
the foregoing instrument, and acknowledged to me that the same
was the act of said corporation, and that he executed the same'
as the act and deed of such corporation for the purposes and
consideration therein expressed and in the capacity therein
stated.
Given under my hand and seal of office, this jd) day
of June, 1971.
otary Public in and for NUECES
County, Texas..
-3-
AcccpLed for the City of Corpus CkirisL'i, a Municipal Corporation and
body Politic under the lairs of the State of Texas, this
day of , 197, by authority of Ordinance
No. �r of , 197_.
ATTEST:
BY:
City Secretary
APPROVE]) AS TO LrGAL FOR THIS
�dday of � 1197.
f
City Attornc
R. Marvin Townsend
City Manager
CITY OP CORPUS CHRISTI
TILE STATE OF TEXAS
COUNTY OF NUECES
Before me, the undersigned authority on this day personally appeared
City Manager of the CITY OF CORPUS CIMISTI,
TEXAS, a municipal corporation, known to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of the CITY OF CORPUS CIMISTI
for the purposes and consideration therein expressed and in the capacity
therein stated. ,
Given under my-hand and seal of office this day of
. 19
27otary Public in and for Nueces CowiLy, 'texas
7
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17- -961 q,.
LEATHERS HOUSING •POjECT No. 2
21
ILL
CORPUS CHR I ST I y 1 �
«//1\\��JT��__EXAS
g'gw'DAY�OF/%Ct*_) y 19`711
TO THE MEMBERS OF THE CITY COUNCIL r
CORPUS CHRISTI, TEXAS
i
i
FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING '
ORDINANCES A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN-
SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL
t BE PASSED FINALLY ON THE DATE IT IS INTRODUCEDy AND THAT SUCH ORDINANCE OR
RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE,
REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI-
NANCE FINALLY ON THE DATE IT IS INTRODUCED1 OR AT THE PRESENT MEETING OF THE #
CITY COUNCIL.
RESPECTFULLY,
a
• MAYOR t THE CITY OF US CHRISTIy TEXAS
THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL v / /WX
ROBERTO BOSQUEZ LS
REV. HAROLD T. BRANCH
THOMAS V. GONZALES tr'_17
GABE LOZANO, SR.
J. HOWARD STARK
THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE:
RONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSQUEZ
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
Up
1
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s '
July 2, 1971
Mr. H. R. Sager
Southwestern Oil and Refining Company
P. O. Box 9217
Corpus Christi, Texas 78408
Dear Mr. Sager:
is
Herewith is a Quitclaim Deed covering a 30" concrete
pipe sewer and easement thereunder referred to In your
letter of June 28, 1971, addressed to Mr. R. Marvin
Townsend, City Manager.
Sincerely,
T. Ray Kring
City Secretary
TRKAw
Enclosure
P.S. Also enclosed is a copy of an easement over a .204 -
acre tract of land formerly In the name of General American
TMf4portation Company, situated in the Salt Flat arsoo(the
Gity of Corpus Christi, and an easement c4er .145 acres of
fond also In the Salt Flat area owned by the Southwestern Oil
and Refining Company. t
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<S10 HWESTIERNr0.1!L" &'R'EFI "N °ING COMPANY'
c.q a'r� a. = s ,
tot i ey. :CORPUS CHRISTI,�TEXAS 7 ®406a� z
t ` i a • An -e 28, 197.1 '
'#�,E'' r•' ,,�4.py'. ' s f t ' 1
Ar
'•''Mr.. R. Marvin Townsend 4 - ,,.,:1:•'
7 d� �r : • °City',•I4lanagei• _ • ;� ,• .¢d �`'• •
1: •ti - City Halms,, {t° �' tf ii'✓ ".kk
�., • t• I ♦ 302 South Shoreline •_ ` ".f ?= •�: s ° ;�F•
gay a - ?Corpus Christi, Texas �t
Dear Mr. Townsend: 7
_ We enclose two drainage easements across our prbperty
at Terminal No. +1 and the Salt Flat Area immediately adjacent r
thereto These easements are granted you in exchange for ;a• '
Quitclaim Deed covering a 3011 concrete pipe sewer and ease -',:/a fa e/r A y
ment thereunder. This new form "of deed has been required
by our attorneys and we understand that you will execute it
pursuant to an ordinance to be adopted Wednesday.
As time is of essence on this, please call me if you haver , of
f` any questions. Kindest personal regards
lr Sincerely,
;+ SOUTHWESTERN OIL & REFINING.COMPANI' Y ¢+ +
H. R.
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