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HomeMy WebLinkAbout16042 ORD - 02/18/1981AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHWESTERN REFINING COMPANY, INC., FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 1"; EXEMPTING SUCH AREA FROM ' ANNEXATION AND PROVIDING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY DURING THE TERM THEREOF; ALL AS MORE FULLY SET FORTH IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT 1. 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 an Industrial District Agreement with Southwestern Refining Company, Inc. for a term of seven (7) years commencing January 1, 1981; designating an area to be known as "Corpus Christi Industrial District No. 1"; exempting such area from annexation and providing for an annual payment in lieu of taxes to the City during the term thereof; all as more fully set forth in the Industrial District Agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit 1. - 1 16042 MLCROFI MED ISgP 2 71984 INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS ¢ COUNTY OF NUECES CITY OF CORPUS CHRISTI This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter called "CITY", and SOUTHWESTERN REFINING COMPANY, INC. (Landowner) a Delaware corporation, fkwgee • zrimomiciurcpaNnzbc vamtsKtwxerl . xowpsuatimx, hereinafter tty called "COMPANY", WITNESSETH:. .WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law which will tend to enhance the economic stability and growth of the City and its en— virons and which will attract the location of new"and expansion_of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner or lessee of land or owner of improve— ments on land within the extraterritorial jurisdiction of the City of Corpus Christi, which land shall, upon execution of this agreement by the City, be known as "Corpus Christi Industrial District No. 1 and which land is'more particularly described in Exhibit "A" attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which Company has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and the provisions of Article 970a, Revised Civil Statutes of Texas, known as the Municipal Annexation Act, City has enacted Ordinance No. 15898 indicating its willingness„ within 90 days n, after final passage of said ordinance, to enter into industrial district agree— ments with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called "Districts"; and WHEREAS, City desires to encourage the updating, expansion and growth of industries within said Districts and for such purpose desires to enter into this Agreement with Company: NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein contained and pursuant to the.authority granted under the Municipal -Annexation Act and the Ordinance of City referred to above, City and Company hereby agree as follows: I' City covenants and agrees that during the term of this 'Agreement, and subject to the terms and provisions hereof, said land shall retain its extra— . territorial status as an industrial district and shall continue to•retain such status until and unless the same is changed pursuant to the terms of this Agree— ment. Except as.herein provided City further covenants and agrees that said land shall be immune from annexation. During the term hereof City shall have no obligation to extend to said land any City services except fire protection in the event Company makes addi— tional payments to City under Article III(d) hereof. Further, City and Company agree that during the term hereof, City shall not require -with respect to said land compliance with its rules or regulations (a) governing zoning and platting of said land or any additions thereto outside the City limits; provided, however, Company further agrees that it will in no way divide said land or additions thereto without complying with State law and City ordinances governing subdivision of land; (b) prescribing any building, electrical, plumbing or inspection code or codes; or (c) prescribing any rules - governing -the method of operations of Company's business, except as to those 'regulations relating to the delivery of utility services and industrial waste disposal through City owned facilities. II The term of this Agreement shall begin on the first day of January, 1981, and shall continue until December 31, 1987, unless extended for additional period or periods of time upon mutual consent of Company and'City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before March. 31 of the final calendar year of the term hereof, then the immunity from annexation -2- granted herein shall terminate on that date, but all other terms of this Agree- ment shall remain in effect for the remainder of the term; provided, however, the effective date and time of such annexation shall be no earlier than midnight of December 31 of such final year of the term. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns. In this connection, City recognizes that industrial district agreements of this kind are conducive to the development of existing and future industry and business and are to the best interest of all citizens of City. Accordingly, future City Councils are hereby encouraged, but are not obligated, to enter into industrial district agreements and to extend existing industrial district agreements. III Each year during the term hereof, Company shall pay to City: (a) An amount in lieu of taxes on said land (excluding improvements and personal property located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the market value of said land which would otherwise be payable to City by Company if said land were situated within the city limits of City. With respect to any new land acquired by Company after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract, and which Company desires to add -to said land, such new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January 1 of the first year following the date which such new land is acquired by Company. In addition, Company shall provide City a revised Exhibit "A" which includes a complete description of such new land. (b) An amount in lieu of taxes on improvements (exluding personal prop- erty) located on said land equal to fifty percent (50%) of the amount of ad valorem taxes which would otherwise be payable to City by Company if said improve- ments were situated on land within the city limits of City. On or before March 31 of each year during the term of this Agreement, Company shall provide to City's Tax Assessor -Collector a written statement of its opinion of the market value sworn to by an official of Company authorised to do the same. -3- (c) With respect to any new improvements or facilities, which are hereby defined as. those being completed after January 1, 1974 which increase production capacity, which may be required or proper for environmental or safety reasons, or which are made necessary because of a change in raw mater- ials being processed, Company shall pay to City five percent (5%) rather than the percentages of the amount of ad valorem taxes as calculated in paragraph (b) above for each year of use, i.e., 10% the second year in use, 15% the third year in use, etc. Payments under this provision shall never exceed fifty percent (50%). The first year of use for purposes of this new improvements payment shall be deemed to commence on the first day of January next following the date which the new improvements are placed in use. This provision shall apply to construc- tion of new improvements or facilities and to the expansion of existing improve- ments or facilities on said land. New improvements or facilities not included within this paragraph (c) shall be deemed to be included within the provisions of paragraph (b) above. • (d) An additional amount -for City fire protection equal to fifteen percent (15%) of the amount which would be payable on 100%.of assessed value of improvements located in said land notwithstanding the provisions of para- graph (b) above; provided, however, that if and as long as Company is a member in good standing of the Refinery Terminal Fire Company, or its successor, it shall not be obligated to pay the additional amount provided•by this paragraph (d). .(e) At the request of Company, an alternative to the method of calcula- tion set forth in paragraphs (a) through (d) above, the Company may make a payment which is determined by considering using the method of calculation set forth in paragraphs (a) through (d) above,.said land and all other lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits as if all the value of Company's lands above described and improvements,thereon were outside the city limits, and deducting from the amount which would otherwise be due from such calculation the property taxes actually due to City resulting from the assessed values of land and improvements, excluding personal property, located inside the City. If Company selects such alternative procedure, the amount due to City under this section shall be the resulting difference or the minimum payment required in paragraph (f), whichever is greater. In addition, Company - 4 - shall provide City, by attaching hereto as Exhibit "8", a complete description of the lands contiguous to said land, or forming an integral part of•Company's primary operation located on said land, owned by Company inside the city limits. With respect to any new land acquired by Company after January 1, 1981, located inside the city limits, which is contiguous to said land, or forms an integral part of Company's primary operation located on said land, such new land may be considered in the alternative method of calculating the in lieu of tax payment as stated above, as of January 1 of the first year following the •date which such new land is acquired by Company. •Company shall •provide City a - new or revised Exhibit "8" which includes a complete description of such new land. (f) Minimum Payments. For any Company which qualifies as an industry under Ordinance No. 15898 and which has less than two million dollars ($2,000,000.00) in market value of improvements on said land subject to this agreement, such Company, in lieu of the payments in items (a),(b),(c),(d) and (e) above, shall pay the lower of (i) an amount in lieu of taxes on said land equal to one hundred percent (100x) of the amount of ad valorem taxes based on the market value of said land which would be payble to City if said land were situated within the city limits, plus an amount equal to one hundred percent (100X) -of the ad valorem taxes.on one million dollars ($1,000,000.00) of improvements which would be payable to City if said improvements were situated within the city • limits, regardless of whether one million dollars ($1,000,000.00) of improve- ments exist on said land, or . (ii) the amount of.ad valorem taxes on land, improvements and per— sonal property on said land which would be payable to City if said land, improve= ments and personal property were situated within the city limits of City. IV Company agrees to pay to City on or before December 31 of each year during the term hereof all payments in lieu of taxes provided for hereunder without discount for early payment. The present ratio of ad valorem tax assess- ment used by City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement and the method of deter- mining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determination of market value and -5- taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. v In the event company elects to protest the valuation set on any of its properties by City for any year or years during the term hereof, it is agreed - that nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same as if such property were located within the City. Notwithstanding any such protest by Company, Company agrees to pay to City an initial in lieu of tax payment on or before the date therefor hereinabove provided, at least the amount of the payment in lieu of taxes on said land and improvements which would be due by Company to City hereunder on the basis of renditions filed by Company with City's Tax Assessor -Collector for that year or on the basis of the assessment thereof for the last preceding year, whichever is higher. When•the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty.(30) days thereafter Company shall make to City any additional payment due based on such final valuation. If as a result of final judgment of a court of comoetent jurisdiction, or as • the result of other final settlement of the controversy, the. valuation of Com- pany's property is established as an amount less than the amount used to corn- . pute the initial in.lieu of tax payment for such year by Company, then within thirty.(30) days thereafter City•shall make to Company any payment due based on the difference between the initial payment and that which is computed based • on the•final settleuent. VI (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligaticns herein ,imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or su:•;;s remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recover- able by the City as would be in a suit to recover delinquent ad valorem taxes. -6 (b) City shall be entitled to a tax lien on said land and improvements, in the event of default in payment of in lieu of taxes payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. (c) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the said land, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agree- ment, from enforcing any annexation ordinance adopted in violation of this Agree- ment and from taking any further action in violation of this Agreement. If Company elects to pursue this remedy, then so long as City specifically -performs its obligations hereunder, under injunctive order or otherwise, Company shall . continue to make the annual payments required by this Agreement. VII Company agrees to provide to City at Company's expense, a survey plat and field note description of said land. With respect to Company's acquisition of new lend, .as described in Article III(a) above, which becomes included in said land, Company agrees to provide to City at Company's expense, a survey plat and field note description of such new land. VIII If any attempt to annex any of said land owned, used, occupied, leased, rented or possessed by Company, is made by another municipality, or if the incor- poration of any new municipality should be attempted so as to include within its limits such land or property, the City shall seek a temporary and permanent in- - 'junction against such annexation or incorporation, with the cooperation of Com- pany, and shall take such other legal action as may be necessary or advisable - under the circumstances. The cost of any such legal action shall be borne equally by the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. In the event City and Company are unsuccessful in obtaining a temporary injunction enjoining such attempted annexation or incorporation, Company shall have the option of (1) terminating this Agreement, effective as of the date of such annexation or incorporation, or (2) continuing to make the in lieu of taxes payments required hereunder. Such option shall be exercised within thirty (30) days after the application for such temporary injunction is denied. In the -7- event Company elects to continue such in lieu of taxes payments,. the City shall place future payments hereunder together with part of the payment for the calen- dar year in which such annexation or incorporation is attempted, prorated to the date such temporary injunction or relief is denied, in a separate interest-bear- ing escrow account which shall be held by City subject to the following: (a) In the event final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding such annexation or incorporation, then all such payments and accrued interest thereon shall be refunded to Company; or '.(b) In the event final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invali • dating such annexation or incorporation, then all such payments and accrued interest thereon shall be retained for use by City. IX The_benefits accruing to Company under this Agreement shall also ex- tend to Company's "affiliates" and to any properties presently owned or acquired by said affiliates within the area described in Exhibit "A" to this Agreement, and where reference is made herein to land, property and improvements owned by Company, that shall also include land and improvements presently owned by its affiliates. The word "affiliates" as used herein shall mean (1) all companies with respect to which Company directly or indirectly, through one or more inter- mediaries at -the time in question, owns or has the power to exercise control • over fifty percent (50%) or more of the stock having the right to vote for the election of directors; or (2) all corporations which are members of a "controlled group of corporations" (as that term is defined in Section 1563(a) of the Internal Revenue Code of 1954, as amended) of which the Company is a member. x This Agreement sfiall inure to the benefit of and be binding upon City . and Company, and upon Company's successors and assigns, affiliates and subsidi- aries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be held to be covenants running with said land for so long as this Agreement or any extension thereof remains in force. XI (a) Whenever the Company sells a contiguous portion of said land con- sisting of 20 acres or more to an ancillary industry which,will be engaged on the property in the further processing of the product of the Company or the preparation of raw materials prior to their processing by the Company, then platting of such property may be deferred under the following conditions: (i) The seller shall submit for approval by the City Council a site pian indicating the proposed water, sewer, drainage, access, and street plans for said land. (ii) Both the buyer and the'sel.ler shall enter into an agreement with the City requiring the platting of said land in the event the buyer's use of the property materially changes from the permitted uses described above, or if the Company's industrial district agreement terminates without extension. The seller shall remain solely responsible for any payments in lieu of taxes attributable to the buyer's holdings on the property unless the buyer .has entered into a supplemental industrial district contract with the City con- cerning such holdings. _ (b) Whenever the Company properly plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A" . and/or Exhibit "B", Company shall furnish to the City's Tax Assessor -Collector a revised Exhibit "A." and/or Exhibit "B", which revised exhibit or exhibits shall constitute an amendment to this Agreement, effective for the calendar year next following the calendar year in which the conveyance occurred. Seller shall remain solely responsible for any payments in lieu of taxes for the calen- . dar yearin which the conveyance occurred. In the event the Company improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A" or. Exhibit '!B", Company shall remain solely responsible for any payments in lieu of taxes applicable to such property, including improvements thereon, as if no such conveyance had occurred. . XII If City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry, as classified by Major Group according to the Standard Industrial Classification • ;Manual (1) or enters into a renewal of any existing industrial district agreement (1) Standard Industrial Classification Manual . (Executive Office of the President -.Office of hranagerent an(1-Budget, Statistical Policy Division, 1972). 659 pp. -9- with an industry of the same classification, having the same or approximately the same expiration date, which contains in lieu of tax payment terms and pro— visions more favorable to such landowner than those in this Aoreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. XIII In the event any one or more words, phrases, clauses, sentences, para— graphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then theapplication, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agree— ment shall be deemed to be independent of .and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. C` ''' MIRED into this 30 day of January , 19 81. 01117[V, ATTEST ATTEST: City Secretary APPROVED: 30 DAY OF JANUARY, 1980 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney SOUTHWESTERN REFINING COMPANY, INC. (Landowner) (Company) CITY OF CORPUS CHRISTI By R. Marvin Townsend, City Manager SWRCO PROPERTY - ACREAGES BY AREAS #1 TERMINAL • ()Area North of Broadway OArea South of Broadway ®Salt Flats Tract. n2 TERMINAL (®Wastewater Area OTank Farm ID n3 TERMINAL JET FUEL AREA TRUCK LOADING TERMINAL ®R. R. Area 9 Tank Farm Area 42 PLANT Main Plant Area II South Plant Area and Tank Farm ® Front Tank Farm e,3 Back Tank Farm - North ® Back Tank Farm - South is Back Warehouse Area /b "Baymoor Addition" Lots 0 Employee Parking at Nueces 2.495 Inside City Limits 18.34 Inside City. Limits 10.453 Inside City Limits 14.48 Outside City Limits 36.34 Inside City Limits 40.353 Inside City Limits 4.837 Inside City Limits -Part Inside; 3.28 Part Outside 5.37 Inside City Limits 30.64 Outside City Limits 19.52 Outside City Limits 8.9920utside City Limits 3.84 Outside City Limits 15.15 Outside City Limits 1.1981nside City Limits . 3.069 (eg(t. )Insid Li emits Bay 2.969 Inside City Limits ACRES TOTAL 221.328 )1.1 • 0\!. • NEY 1r--1.41110.11101• 4111610471 /4 14 41 46 14,T41C.40707164177 Aa 1.11 40, 11110. 101114. 1101 A0.' 1.111 *4. 1.14 A0. 11.1144 1.111 b 1N1 *0.13101 1.111Aa SOUTHWCSTFRN REFINING COMPANY Pai0tEdlY �4?,tt. COUPCS Cutus't•t, 'rt:cns THE STATE OF TEXAS Q COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations cash in hand paid.to it by SOUTHWESTERN OIL & REFINING COMPANY, a Texas corporation, the receipt of which is hereby acknowledged and confessed, PONTIAC REFINING CORP. , a Texas corporation, hereinafter called "Grantor", has Granted, Sold and Conveyed and by these presents does Grant, Sell and Con- vey, unto the said Southwestern Oil & Refining Company, a Texas corporation, • hereinafter called "Grantee", all of Grantor's UNDIVIDED ONE-HALF INTEREST in and to the following described property, it being the intention of this instru- ment to convey all interest owned by Grantor in said property, lying and being situated in Nueces County, Texas, to -wit: FIRST TRACT: Being a tract containing 14.48 res of land and being a portion of a 5.78 acre tract, said 5. 78 acre tract including 1.86 acres of Upland area oat of the Northwest por- tion of the P. W. Humphrey 29 -acre _act and 3.9Z acres of an area classed as Nueces Bay subznsoed land, said 5. 78 acre tract being known as the Mary E. v. Blucher.tact`and being conveyed by F. K. v. Blucher et a1.to Pontiac Refining Corp. and Southwestern Oil and Refining Company, by deed dated March 1, 1949, of record in Volume 433, at page 89 of the Deed Records of _Nueces County, Texas, and the tract herein conveyed also being the Southeast portion of a tract containing 23.57 acres of land and submerged land out of the Northeast portion of the lands set aside to Lorine Jones Spoonts and others by deed of partition dated June 1, 1937, and recorded in the Deed Records of Nueces County, Texas, in Volume 232, at page_284, and being that area enclosed between the Northeast boundary line of the right of way of • the San Antonio, Uvalde & Gulf Railroad and the established bulkhead line along the Southwest side of the ship channel of the Nueces County Navigation District No. 1, and between the Northeasterly extensions of the Northwest and Southeast boundary lines of the C. S. Parish 40 acre tract, the South- easterly of two 40 -acre tracts known as the Garner tracts. Said 23.57 acre tract of land embraces a portion of a tract of land formerly owned by H. G. Sherman and others lying Northeast of said two Garner tracts, a portion of Sur- vey 708 made for W. H. Gill, containing 1000 acres of sub- merged land under the waters of Nueces pay, and a portion of Survey No. 723, made for Mrs. G. R. Scott, containing 1000 acres of submerged land under the Nueces Bay, the portion of said Surveys Nos. 708 and 723 included in this tract comprising a part of the tract patented to the Nueces County Navigation District No. 1 by the State of Texas, on May 7, 1930, as of record in the Deed Records of Nueces County, Texas, in Volume 192, at page 579.. • • VCL idol:.: lio:•l:i The tract herein conveyed containing 14.48 acres ' and being a portion of said 5.78 acre tract and a portion of said 23.57 acre tract, and being more particularly described by metes and bounds as follows, to -wit: Beginning at a 1/2 inch axle bar set at the intersec- tion of the Northeast boundary line of the right of way of the San .Antonio, Uvalde & Gulf Railroad and the Southeast boun- dary of said Mary E. v. Blucher 5. 78 acre tract, for the South corner of this tract; Thence North 61 degrees 23 minutes 30 seconds West, along the Northeast boundary line of the right of way of the San Antonio, Uvalde & Gulf Railroad, a distance of 174.89 feet to a one inch iron pipe set in the Northwest boundary of said Mary Fs v. Blucher 5.78 acre tract; Thence continuing North 61 degrees 23 minutes West, along the Northeast boundary line of the right of way of the San Antonio, Uvalde & Gulf Railroad, a distance of 290. 02 feet to a one inch iron pipe, for the West corner of this tract; Thence North 31 degrees 41 minutes 45 seconds East, a distance of 1355.35 feet to a point on the established bulkhead line along the Southwest side of the ship channel of said Nueces County Navigation District No. 1, for the North corner of this tract; Thence South 66 degrees 11 minutes 30 seconds_ East, along the dstablished bulkhead line along the South- west side of the ship channel of /queues County Navigation District No. 1, a distance of 457.73 feet to a point, said point being the East corner of said pla=y E. v. Blucher 5. 78 acre tract, for the East corner of this tract; Thence South 31 degrees 15 minutes West, along said : outheas1 boundary line of Idle Mary E. v. Blucher 5.78 acre tract a distance of 1393.23 feet to a 1/2 inch axle bar, the place of beginning. SECOND TRACT: Grantor's interest in all easements and rights of way now existing between the owner of the above described tract of land and adjoining land owners, and all rights and privileges now owned or to which the owner of the above described tract of land may have or be entitled to under any existing contract, deed or other instrument in writing executed by the Nueces County Navigation District No. 1, or to which it may be a party, either grantor or gran- tee, or to which it may be a successor of any such party. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto belonging, unto the said Grantee, its successors and assigns, forever. And Grantor hereby binds itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular said UNDIVIDED ONE- -2- • THE STATE OF TEXAS 4 COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS: That for and in consider- ation of the sum of TEN DOLLARS ($10.00) and other good and valuable con- siderations cash in hand paid to it by SOUTHWESTERN OIL & REFINING COM- A f . • VGL.LUi3 J t'HGC:.kl •PANY, a Texas corporation, the receipt of which is hereby acknowledged and confessed, PONTIAC REFINING CORP. , a Texas corporation, hereinafter called "Grantor", has Granted, Sold and Conveyed and by these presents does Grant, Sell and Convey, unto the said Southwestern Oil & Refining Com- pany, a Texas corporation, hereinafter called "Grantee", all of Grantor's UNDIVIDED ONE-HALF INTEREST in and to the following described pro- • perty, it being the intention of this instrument to convey all interest owned by Grantor in said property, lying and being situated is Nueces County, Texas, to -wit: OBeing a tract containing 3.28 acres of land and being a portion of the P. W. Mumphrey 29 acre tract and a por- tion of the P. W. Humphrey 100 acre tract, and also being a portion of a 4.91 acre tract her.etofore conveyed by -Barns - dell Oil Company to Southwestern Oil 8: Refining Company and Pontiac Refining Corp. , by deed dated April 25, 1947, and of record in Volume 365, at page 315 of the Deed 'Records of Nueces County, Texas; the tract herein conveyed being situated about 1 1/2 m,.les westerly of the County Court House and being more particularly described by metes and bounds as follows, to -wit: • Beginning at a one inch iron pipe in concrete, same being the East corner of said 4.91 acre tract and the North corner of a 5.37 acre tract known as the Barnsdall Oil Company Ballast Pit tract, for the East corner of this tract; Thence South 27 degrees 34 minutes 30 seconds West, with the Southeast boundary line of said 4. 91 acre tract and the Northwest boundary line of said 5. 37 acre Ballast Pit. tract, at 135.48 feet pass the Southwest boundary line of said Humphrey 29 acre tract and the Northeast boundary line of said Humphrey 100 acre tract, in all a distance of 226. 49 feet to a one inch iron pipe, for the South corner of this tract; Thence North 58 degrees 18 minutes 15 seconds West, a distance of 681.48 feet to a one inch iron pipe, for the West corner of this tract; Thence North 31 degrees 41 minutes 45 seconds East, a distance of 159.98 feet to a one inch iron pipe for an inside corner of this tract; Thence North 61 degrees 23 minutes 30 seconds ' West, a distance of 87.38 feet to a one inch iron pipe set in the Southeast boundary line of a 5.78 acre tract here- tofore conveyed by Carl F. K. -v. Blucher et al to Pontiac Refining Corp. and Southwestern Oil &Refining Company, by deed dated March 1, 1949, of record in Volume 433, at page 89 of the Decd Records of Nueces County, Texas, for a corner of this tract; Thence North 31 degrees 15 minutes East, along the Southeast boundary line of said 5.78 acre Blucher tract a distance of 30. 03 feet to a one inch iron pipe in concrete set in the Southwest boundary line of right of way of the San Antonio, Uvalde & Gulf Railroad, for the North corner of this tract; Thence South 61 degrees 23 minutes 30 seconds . East, along said Southwest boundary line of right of way of the San Antonio, Uvalde & Gulf Railroad a distance of . 753. 79 feet to a one inch iron pipe in concrete, the place of beginning. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto belonging, unto the said Grantee, its successors and assigns, forever. - And Grantor hereby binds itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and s gular said. UNDIVIDED ONE- HALF INTEREST in and to said premises uIto the said Grantee, its successors . and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through and under Grantor and not other- wise. ther-wise. This conveyance is subject to all instruments of record affecting this property and the provisions thereof, and specifically, but not limited to the following: (a) Instrument dated April 25, 1947 between Barnsdall Oil Com- pany and Southwestern Oil & Refining Company and -Pontiac Refining Corp. , recorded in Vol. 365, page 315, Deed Records of Nueces County, Texas; (b) Instrument dated April 3, 1947 between Barnsdall Oil Com- pany and Southwestern Oil & Refining Company and Pontiac Refining Corp. ,. recorded in Vol. 365, at page 275, Deed Records of Nueces County, Texas; ( (c) Instrument dated December 12, 1950 between Sunray Oil Cor-��-{-{ poration, et al and Pontiac Refining Corp. and Southwestern Oil & Refining. -2- VCL v''L3 IMEJL THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS, that BAR SDALL OIL CONPAvY, a corporation, of Tulsa, Oklahoma, hereinafter called "grantor", f and in consideration of One Hundred and Fifty-three Thousand and Two Hundred Dollars.(r153,200.00), cash in hand paid to it by . SOUTHWESTERN OIL & REFINING COMPANY, a corporation, has granted, sold and conveyed, and by these presents does grant, sell and convey, unto the said SOUTHWESTERN OIL & REFINING COMPANY; a .corporation, of Corpus Christi, Texas, hereinafter called "grantee subject to the pipe line easements hereinbelow excepted and reserved, and except as below stated, all of that certain parcel and tract of land located in Nueces County, State of Texas, and described as follows:;;�;.w'=.}.-" A tract of land designate herein as Tract 1, con- taining 30.64 acres out of an 87,22 -acre tract conveyed to Barnsdall Uiri Company by West Securities Company on February 10, 1937, out of the P. W. Humphrey 100 -acre tract, as of record in the Deed Records of Nueces County, Texas, in Volume 228 at page 153. Said Tract 1 is situated in Nueces County, Texas, about 1 1/2 miles west of the County Courthouse, being one of four tracts designated as Tract 1, Tract 2, Tract 3 and Tract 4, which comprise a 70.83 -acre tract embracing 3.18 acres conveyed to Barnsdall 911 Company by Moe Levan on February 9, 1937, out of the P, W. Humphrey 29 -acre tract, as of record in the' Deed Records of said Nueces County, in Volume 228 at page 152 (the area being shown therein as 3.17 acres) and. 67.65 acres out of said 87.22 -acre tract conveyed to Barnsdall 011 Company out of the P. W. Humphrey 100 -acre tract, said Tract 1 being described by metes and bounds, as surveyed, as follows: Beginning at 2 point in the northwest boundary line of !t' the P. W. Humphrey 100 -acre tract and southeast boundary line of a 40 -acre tract knorm as the C. S. Parish Tract., 0 now held by Pontiac Refining Corporation, for the west corner of this tract,' whence an iron pipe set in concrete, the south corner of said Parish Tract and east corner of a p-�- 15 -acre tract known as the Compton Tract, bears S.31041'45 13.00 feet and the west corner of said Humphrey 100 -acre tract, formerly marked by a cedar Post but now by a drillhol- a in the concrete base of a fence corner post, bears S.3l0ij 45" 1. 955.03 feet, - Thence N.31°4111+5"E,, with the northwest boundary line of said Humphrey 100 -acre tract and southeast boundary line of said Parish 10 -acre tract, 1035.00 feet to a point, the • west corner of a 29.91 -acre tract, designated as Tract 2, out of said Barnsdall 70.83 -acre tract, for the north corner of this tract, - Thence 5.55°18'15"E., with the southwest boundary line of said Tract 2, 1285.68 feet to a point in the • northwest boundary line of a public street or road, • 80.00 feet wide, known as Nueces Bay Boulevard, the south corner of said Tract 2, for the east corner of this tract, being 40.00 feet northwesterly, measured at right angles, from the southeast boundary line of said Humphrey 100 -acre tract, - Thence S.31015'0011W., with said northwest boundary lin of Nueces Bay Boulevard, parallel with end 440.00 feet northwesterly, measured at right angles, from the southeast boundary line of said. Humphrey 100 -acre tract, 1035.03 feet to a point for the south corner of this tract, whence a concrete monument, 4 inches square, the most easterly south corner of said Barnsdall C;? Company 87.22 -acre tract, bears 5.31013:00"W. 317.;3 feet, -Thence N. 78°18'15"W. 129-3.7!4, feet to the place of beginning, - Containing an area of 30.54 acres, and being the most southwesterly of four tracts out of said Barnsdall 70.83 -acre tract. Iva 978 PAGE -10-1 Terminal No 3. TRACT "Ar' • B All that certain tract of land, containing approximately 19.52 acres, being the southern most portion of an 87.22 acre tract of the former P. W. Humphrey 100 acre tract situated in ,Nueces County, Texas, about one and one-half miles west of the County Courthouse, known and described as follows: BEGINNING at a point formerly marked by a cedar post but now by a drill hole In the concrete base of a fence corner post on the west corner of said Humphrey•loo_acre tract and south corner of a tract known as the Compton Tract for the west corner of this tract; thence north 310 41' 45" east with the northwest boundary line of said Humphrey 100 -acre tract and southeast boundary line of said Compton tract, and • southeast boundary line of •a 40 -acre tract known as the C. S. 'Parish Tract, at 975.03 feet past ion pipe set in concrete, the south corner of said Parish tract and east-corner_of a 15 -acre tract known as the Compton _^* -act, in 'all 988.03 feet to the northwest corner of this tract, -said corner also being the southwest corner of a 30.64 -acre tract, designated as Tract 1, said tract conveyed to Southwestern Oil 2.nd'Rk-tning Company by Barnsdall Oil Company on April 25, 1947, out of Deed Records of said Nueces County, Texas; in Volume 365 at Page 324; THENCE S. 58° 18' 15" East with the southwest boundary line of the above.mentioned Tract 1, 1293.74 feet\tp a point in the northwest boundary line of a public street or road, 80.00 feet wide, known as Nueces Bay Boulevard, the south corner of said Tract 1, for the northeast corner of this tract, being 40.00 feet northwesterly measured at right angles, from the southeast boundary line of said former Huijr hrey_100- aer tract. Thence S 31 15' W., frith said northwest boundary ine of'Nueces Bay Boulevard, parallel with and 40 feet distant, measured at right angles, from the southeast boundary line of said former Humphrey 100 -acre tract, 317.93 feet to a cedar post, the east corner of a tract of land, known as the Minnie T. Meuly Tract, out of said former Humphrey 100 -acre traces, for a south corner of this tract;) -Thence N. 58° 45, W., with the north- east boundary line of said Minnie T. Meuly Tract, 66o feet to an iron pipe, the north corner of said Minnie T—,;auly t act,. for a corner of this tract; thence S. 310 151 W,, .rniaih the northwes oundary of said Minnie T. Meuly tract, 692.13 feet to an iron pipe in the southwest line n3e�a of said former Humphrey 100 -acre tract and Northeast. < 11-31 of boundary line of a tract now subdivided and known as . L1 Baymoor Addition, the wrest corner of said Minnie T. Meuly -`tract for a__south corner__of this tract,)-Thenre"-N---55° 53' W., with the southwest boundary line of said former Humphrey 100 -acre tract and northeast boundary line of said Baymoor Addition' 642.19 feet to the place of beginning. Sp es5 �; ` o o. County Courthouso, out f the 1'. W. TTum troy ff' ICtract re c:. 'd' : rico tJ:ac'°. {zherO'in, to(;G, or,4d.th t:10 north ,o. .on of Lot .229,' is y.::oor ., a subdivision shown by map of rcgord _o o_-_oo of tha County Clor_ in Map Boo:: 4 at pa ao 42. 'Said 5,9922 o tract embraces allo_' Tract i, Pontiac Tracts, as shown . by o said of:._.co of tho County C1or:c, in Yap B00% 31 • - 94, portio _ former Blocks 22 and 23 of tho now . ab.. :.d .. __y Subdivision of .:c ;:u:p- roy Tract, shown by map of _ ooar,i in said c_-° co of tho County Clor.. in Map p Booic Jt at pa,,e 9, • a tract _= o:._. az ..:_o Alamo Ezpross tract, and is mora par- . G.:_.:__.-...: =Otos and bonds, as Co pilod from actual • '.L__ at a _-inch Iron '7i-ne fl.._.,h with the around in the, zsut__ea of said =or -:or Humphroy 100-acroy_ac:: and --= t__: • •:; , in o.: SO -Toot width. o: _public road known as l.occs Bay • ,_-:.v:._ ,,.w cast cornor of said Rico 10.73 -acro tract, dcscribod in partition d-s.d of rocord in tho Bond Roco=ds of Nuocos County, ` o:,:a s, in ..._._;:J 3;Gat pago 3:.3 and south cornor of portion of So._._-..oeto n 011 el Rofining Co. .tract, for tho oas,, corner of this . ..:..,_.Cis S, 31°15: W,, with southeast boundary line of former 'tic: ,_.:....t, and along said -.argin of Nuocos Bay Boulevard, 454.83 foot t:. a l-inoh.._ . pipo _i 3h with do ground, the oast, corner of said. for a corner o ..race,- . 7.-..3=ce N. 530 53' U,, crossing a portion of said former Block 23 of Znbiivision, and a portion of said Rico tract out of Humphrey t_a, .:, foot to a 1 -__.oz iron pito:flush with the ground, nd, tho • north corny z _d Alamo _Co:crass tract, for a cornor of this tract,- .. c =co _ C = _ - - portions of said former Block 23 of .+:oli'.y Sub - and Rico tract; 4oiau tho northwest boundary l=-... L2 .raid i?a:mo v _os., i=''act, S. 31° 157 W. 171,81 feet to an -_-s_ with tho ground and S. 35° 00: W. 98,42 foot to an _po flush with tho (,,,round in the n ,,;roast boundary lino of __� ad scut iwost b .,..=, � roti-._`-�..or_, .v= .._ loot 23-� .:__---=� ot:.rcax-y lino _.. Humphrey ey tract, and of Rico uract and of Blocks 23 and 22 oz. tho p: zc_ -- City Limit lino of Corpus Christi, -G T: • Ci yr of said Titan., .. ro:.s tmmet, for a corner of ;;his __i.. ea 1, 55° 33' ::,,^ said northeast boundary line of and : of Lots 234, 233,232, 231 and 230 thoroi n, and sout - Tla. u bounc a,! lino of Said fozmoz, i.T:mp r oy tract and of Rico tract ;,'r_e_'.J _:d loot id oily i_ ' lino, 250.00 foo•,: `.o a 1 -inch -- - .ateTInsh with tho -_o-.:r_d, mho north common n cornor oT Lots 229 and 230, in May -o.,, for a cornor of his „_act,- - _.-i, =co, following the J:rosc ny foot to + bodndaries of said Loi. 229, 3 ymoor; S102.69 an ' 35° 03' 203 W, ..ton pipe, for corner,. on " : -.o margin of an intcrrogionai highway dosiu_.atod .into_ s tat. 35, K. 69° 04: :•J. 51,56 foot to an iron pipe, corner, and N. 35° 03' 200 B. 114„50 _ - V - : to iron pipo, dash with ho g_ .-,. ground, tho north co -on 00th.._ o. Lots 229 and 228, in Bayw oor, for a cornor of this tract,- . __wn co X, 53° 53' F,, with said northeast boundary line of Baymoor, and d oT Lots 228 and 227cnoro_ :, and soutrwos - boundary lino c_ said Tor.: ornumn Croy rat:; anc: o•' Fico ..ract tiioroin, and said City Limits lino, 54„00 _t - to a dril1ho10 in concroto J b...r .. yr _onto cornor post, f 0::, tiro woof cornor of this tract,- Mono.: N, 31° 15 - _.. , along the genorallino of a chain-link ink west boundary lino of form= Rico tract, and of said _o_..:"_ =roti•_ 22 :tiny Subdirisioz, and southoast boundary lino of a portion of Soa- ,oste . Oil & Rofia__-_ Co, ._act, 692,13 foo;, to • fc:_Co CGrnc.r _'oost, the north corner of said fo="^or Block 22, and of said. formor Rico tact, and a cornor o::Jid Southw,stoSn 011 w - :v_______ ., Co. tract, for tho north cornor of .,h__.. .._act,- __....: ce S. 58° 45• ..., along lino of a ch;;in lii'._c fc :c0 , on northLast .o-,: soar j lino G_ said fOrmor Bloss 22 and 23, .:ou1y S ib - di /__._v_., and of said fh=...u_ Rico .._act, .-boundaryo thio - bounda=lino of tortion Southwestern =c_, e_. 0__ & Ro=-_ Co, ' ac-` at 645,00 foot) a ,-- y _._ :_ Co = ....,...,.:_ ::o o nt, - all, 660.00 Pooto :ho CG. ^n s -^nom r.^ $.9073 STATE OF TEXAS ) COUNTY OF RUECES ) Kam ALL MEN BY THESE PRESENTS: That the POtTIAC REFINING CORPORATION, a body corporate, duly incorporated and doing business under end by virtue of the laws of the State of Texas, hath its principal place of business and domicile, at Corpus Christi, in Nueces County, Texas, for and in consideration of the sum of ELEVEN mum]) riVn HUNDRED TWENTY and no/100 ($11,520.00) Dollars cash to it in. hand paid by SOUTHTESTEBN OIL & REFINING CCP -1P ''Y, . the receipt of which is hereby acknowledged end oonfessed, have GRANTTI, • SOLD AND CONVEYED, and by these mresents do GRANT, SELL AND OMEY unto the said Southwestern Oil & Refining Company, cf the County of Nueces and State of Texas, all that certain tract or parcel of land situated in said Nueces County, Texas, and marticulanly described as follows, to -wit: Beginning at a 3/t inch iron rine sat in concrete, in the'northwest boundary line of the Humphrey or Meuly tract, the south corner of the C. S. Parish 40 acre tract, also known as the'Buena Vista tract, and can corner of the Compton tract, for the south corner of this survey; Thence N. 57 deg. 55 min. 15 sec, W., with the south- west boundary line of said Buena Vista tract and north- east boundary line of said Compton tract, 762.01 feet. to•a 3/4 inch iron pipe set•in concrete, the west corner of said Buena Vista tract, the north corner of said Compton tract, the east corner of the DeRyee tract, and the southcorner of the J. Lenton Johnson 40 acre tract, for the 'west corner of this survey; Thence N. 31 deg. 41 min. 45 sec. E., with the northwest boundary line of said Buena Vista tract and southeast boundary line of said J. Benton Johnson 40 acre tract, 219.74 feet to a 3/4 inch iron pipe set for the north corner of this survey; Thence S. 57 deg. 55 min. 15 sec. E., parallel with said southwest boundary line of the Buena Vista tract and northeast boun- dary line of the Compton tract, 762.01 feet to a 3/4 inch iron pipe set in the southeast boundary line of said Buena Vista tract and northwest boundary line of said liunphroy or aieuly tract for the east corner of this survey; Thence S. 31 deg. 41 min. 45 sec, w., with said southeast boundary line of the Buena Vista tract and northwest boundary line of the Humphrey or Meuly tract, 219,71E feet to the place of beginning; Containing an area of -3.8A acres; TA STATE OF TEXAS COUNTY Or i+UECE3 KNOW ALL L'A'Y BY iT. iE PRESENTS: TS: That the PONTIrC.REIN G CORP., a body corporate, duly incorporated and doing business under the laws of the State of Texas, with its principal, place of business and domicile at Corpus Christi, in nieces County, Texas, in consider- ation of Sixty-three Thousand. Four Hundred Eighty (x63,480,00) . Dollars to it paid by SG ET ESTEPt 02L AND REFINING CO,.' Y, as ',..stated below, has Granted, Sold and Conteyed, and by these presents doco'Grent, Sell and Convey:Into tie said SOUic:IESTER:I 0T'"i }BD REFTun G ;, IPANY, e body corporate, d•2?y incorporated and doing business v=iler tb: la:::s of the�State of Texas, with its domicile and prir_cinel place o_ at Corals Christi, in I.ueces County, Texas, t .;sc ce t_ir. cts; -ric.es or parcels of land lying and being in Nueces ,;ou .ty, Texas, and describes -as follows, to -wit: /47.- TRACT/70. d TRACT I :0. 1: • All that certain trot, piece or parcel of land, lying and beim., situited in the County of lueces, State of Texas; being located about two miles lest of the County court- house and beim the sane tract of land conveyed by George R. Clark and rife, Sara R. Clark and Jerome Nast and wife, Julia Nast, to Buena Vista Corporation by deed dated September 25, 1939, recorded in Vol, 251, on ,Pares 425-27 of the Deed Records' of Nueces County, Texas and being more particularly described by metes and bounds as follows: B33INING at an iron pipe set in concrete, the ebb 1000-%cra tract east corner of tc ,Rachel1 and of a 15.07 -acre tract o::t of the south portion of the De?yea Tract, set aside to S. Gu3crhein, ;:'ss. Ann Cohn end Jos. A. Cohn in a deed of partition dated Dece.ioer 8, 1923, and recorded in the Deed Records of ::,,eves County, Texas, in Vol. 163 et nage 109, the south corner of the J. Benton Johnson 40 -acre tract and west corner of the C. S. Parish 40 -acre tract and of lands now owned by the Pontiac Pipe Line 4::snort 'Company and the north corner of the Lucien Birdseye 164.67 -acre treat and ofa tract of land containing 5.05 ecres and designated as "Third Tract" in a deed .from G. R. Scott to : ^.nie Uehlinger dated Auzust 14, 1900, and recorded in the Deed Records -of 5ueces County, legs, in Vol. 6 at -nage 427, for the north corner of this survey, - Thence s. •57 deg. 55' 15" E., with the southwest boundary line of said C. S. :'=ish 40 -acre tract and of said Pontiac Pipe Line & . nor Co^rany lands and northeast boundary line ci said 5.05 acre tract and of another tract containing 5.05 acres of land also conveyed to Annie Jehlimger by G. R. Scott in said deed dated =.:-oast 14, 1930, end described there- - in as S � econd Tactand cf a tract ct of land contain- ing 5.05 acres, conveyed by 0. R. Scott to Victoria Sinclair on June 11, 1895, by deed of record in the Deed Records of _:ueces County, Texas, in Vol. 1, at pale 379 (wherein the area is -recited es 5.5 acres instead of 5.05 acres; the co_•rect area), 762.01 feet to an iron pir'e set in concrete in the northwest boundary line of P. W. Hu chrey 100-acra tract end o: lands now owned by Barnsdall Refining Co'a.any, Inc., the south corner of said C. S. Parish tract and of said Pontiac Pipe Line a 3xgort Company lands and east corner of said tract conveyed to Victoria Sinclair on June 11, 1895, for the east corner of this survey, -- Thence S. 31 deg. 41' 45"W., with said northwest boundary line of the P. W. Hwarhrey 100 -acre tract and of the Barnsdall Refining Company lands and south east boundary line of said Victoria Sinclair tract, - 975.03 feet to small round hole drilled in the concrete base of a metal fence corner Host, in the northeast boundary lire of a real estate subdivision known as Bay^roor Addition, the west corner of said P. W. Humphrey 100 -acre tract and of said Barnsdall ;refining Company lands and a corner of said Lucien Birdseye 164.67 -acre tract and the south corner of said Victoria Sinclair tract, for the south corner of this survey,- .J. 'Thence H. 55 deg. 53' 7i.; with said northeast boundary lire of aaya!oor Addition and south- west boundary lin of said Victoria Sinclair tract and of said Bracts i:o.'2 end No. 3, con- veyed to Annie Uehlir_.;er on August 14, 1900, 608.79 feet to an iron pine in the southeast. boundary line of said Rachel Webb 1000 -acre tract and of said 15.07 -acre tract and north- west boundary lino of said Lucien 3irdseye 164.67 -acre tract, the north corner of said Ba moor Addition and west corner of said = nnie Uehlin er Tract "o..3, for the west corner of this survey, whence en iron nine, the south corner of said 15.07 -acre tract and of said DeRyee tract and east corner of a tract of land known as the Evans tract, bears S. 22 deg. 33' 20" 97. 31.40 feet, - Thence iv. 22 dei. 33' 20" E., with the Southeast boundary line of said Rachel Webb 1000 -acre tract and of said 15.07 -acre tract e & northwest boundary line of said Lucien Birdseye 164.67 -acre tract and of said Annie Uehlinger Tract 3o.. 3, 967.60 feet to the place of beg±nn ;,- Containing an area of 15.1 ec-- , more or less. . vG 973 PIAGEIL1O EXHIBIT A TERMINAL NO. 1 0 • Parcel One. Situated in the County of Nueces, State of Texas, and N being 2.98 acres out of the extreme Northern part of a tract )z.' of 7 acres allotted to John Priour in the partition of Jean ":.q?._ 2d. Priour 115 -acre tract, beginning at original concrete yj monument set as N. corner of said share allotted to John •%,��%./' Priour for N. corner this survey; Thence S. 76° 26' E. with • N. E. boundary line of said 7 -acre tract, 389.67 feet to another concrete monument, the East corner of said 7 -acre tract, for - East corner this survey;.Thence S. 24° 04' W. with S. E. boundary line of said 7 -acre tract, 261:92 feet to stake in N. boundary line of West Broadway, for S. B. corner this survey; Thence with N. boundary line of West Broadway, S. 81° 05' 30" W. 3k.65 feet to stake for corner of this survey; S. 89° 13' 30" W. 299.78 feet to stake for corner tics survey; and S. 86° O.' W. 134.67 feet to stake intersecting the N. W. boundary line of said 7 -acre tract for the S. W. corner this survey; whence the monument at the E. corner of the Hatch Tract bears S. 290 20' 50" W. 71.88 feet; Thence N. 29° 20' 50" E. with the N. W. boundary line of said 7 -acre treat, 400.62 feet to the place of beginning; SAVE AND EXCEPT, owever, all -that portion of said described tract of land heretofore sold by H. H. Harrison to the S. A. U. & G. Railway by deed dated March 29, 1929, of record in Volume 186, page 119, Deed Records of Nueces County, Texas; - - Being the same property conveyed by The Texas State Bank fa Trust Company, of Corpus Christi, Texas, as independent Executor under the Last Will and Testament of H. H. Harrison; Deceased, to the General American Tank Storage & Terminal Co., Inc., by deed dated August 27, 1934, and filed for record in the office of the County Clerk of Nueces County, Texas, on September 21, 1934, at 11:48 o'clock A. M. a Parcel Two 02 A tract of land in the name of General American Trans- portation Corporation containing approximately 18.34 acres. Said tract of land is situated in Nueces County, Texas, about one mile west of the County Court House and embraces portions �) of the John Priour 7 -acre share, the Theodore Priour 7 -acre share, the Ambrose Priour 7 -acre share, and of• the Rosalie Priour 10.48 -acre share, all out of the J. M. Priour 115 -acre tract, together with a very small portion (much less than one-hundredth of an acre) of a tract of land out of the now dry bed of a former lake or pond known as Salt Lake, being the second parcel described in a deed from Lillie M. Rankin • and G. R. Scott to W. E. Pope, dated December 5, 1912, and recorded in the Deed Records of Nueces County, Texas, in Volume 91 at page 456. • • Beginning at a point in the east boundary line of the 3. M. Priour 115 -acre tract and south boundary line of West. Broadway, a public street of 60 feet width, the northeast corner of a tract of land subdivided under the name of Primrose Heights, for the northeast corner of this tract, whence the northeast corner of said 3. M. Priour 115 -acre tract bears N. 24010'30" E. 333.5 feet, - Thence -along the east boundary line of said J. M. Priour 115 -acre tract, S. 24°10'30"W. 194.41 feet; S. 14049130"W. 297.92 feet; S. 15°011L 363.30 feet; S. 14°431W. 48-Q66 feet; S. 6°48tE. 8 io feetl)S. 4T° 37'1:.,- at 61 feet to 195 feet, -pass a ong the 151 tneast mar_;in of a conn ete retaining wall, - in all, 274.29 feet to a point in the line of a metal "hurricane" fence running along the east side of the General American Transportation Corporation enoLasure, for a corner of this tract, - • • Thence, continuing with said line of metal "hurricane" 7-1 -fence running along the east side of the General American Transportation Corporation enclosure1, S. 41°17'50" W.42.10 •c-1 S. t; S. 4°46.20 E• 85.52 feet; S. 23°58'10"W. 131.04 feet; : L line of Lot 6 and7soouth25 feet to a boundarypline of Lot northnt in the ,iboundarylk1 of Heights, 3, in Block 19 CO ofCravennoHn , an addition to the City of Corpus Christi, CD Texas, Nueces by map of record in the office of the County Clerk County, Texas, in Map Book A on page 7, for a corner b of this tract,.. Thence N. 60°36'W., along the boundary line between the lots in the north half and the lots in the south half of Blocks 19 and 16 in said Craven Heights addition, crossing Lake Street or Coke Street, 352.43 feet to a point, the north west corner of Lot 11, northeast corner of Lot 12, southeast corner of Lot 3 and southwest corner of Lot 4, in said Block 16 of Craven Heights addition, for a corner of this tract, said lots 1, 2, 3, and 4 in Block 16, Craven Heights addition, being embraced also in a subdivision known as Stewart -Newman Addition No. 2. and comprising portions of Lots 4, 5, 6 and 7, respectively, of Block 16 of said Stewart -Newman Addition No. 2 as shown by map of record in the office of the County Clerk of Nueces County, Texas, in Map Book No. 3 on page 9, - Thence S. 29°24'41., with the east boundary line of said • Lot 12 and west boundary line of said Lot 11, 125.00 feet to a point in the north boundary line of Nueces Street, the south- east corner of said Lot 12 and southwest corner of said Lot 11, for a corner of this tract,.. Thence N. 60036/w.,' with said north boundary line of Nueces Street and south boundary line of said Block 16 in - Craven Heights addition, 50.00 feet to a point, the southwest corner of said Lot 12 and southeast eo_r er of Lot 13 in said Block 16, Craven Heights addition, for a corner of this -tract,.. Thence N. 29024'E., with the wesp boundary line of said Lot 12 and east boundary line of said Lot 13, 125.00 feet to a point, the northwest corner .of said Lot 12, northeast corner of said Lot 13, southeast corner of said Lot 2 and southwest -corner of said Lot 3, all in said Block 16 of Craven Heights _ addition, for a corner of this tract,_ Thence N. 60°36'w., with the north boundary line of Lots 13 and 14 and south boundary line of Lots 1 and 2 in said Block 16 of Craven Heights addition, 100.00 feet to a point in the east boundary line of Priour Avenue, the northwest corner of said Lot 14 and southwest corner of said Lot 1 in Block 16, Craven Heights addition, for a corner of this tract, being "also the southwest corner of said Lot 4 of Block 16 in Stewart - Newman Addition No. 2, - Thence N. 29024'E., with the west boundary line of said Lot 1 of Block 16 in Craven Heights addition, being also the west boundary line of said Lot 4 of Block 16 in Stewart -Newman Addition No. 2, 14.22 feet to a point, the northwest corner of said Lot 1 in Block 16 of Craven Heights addition and southeast corner of Lot 3 in Block 16 of Stewart -Newman Addition No. 2 for a corner of this tract, - Thence N. 89°57'w., with the south boundary line of Stewart -Newman Addition No. 2 and north boundary line of said Craven Heights addition, 130.78 feet to a point in the east boundary line of the right of way of the San Antonio, Uvalde and Gulf Railroad for a southwest corner of this tract whence the southwest corner of said Stewart -Newman Addition No. 2 westnd nboundary lineorthwest eofr °saidiJ.M. Priourd Craven i115s creitract in the 11 89°57114. 18.36 feet,- 5 -acre tract, bears - - Thence N. 29°24'E., with said east boundary line of the right of way of the San Antonio, Uvalde & Gulf Railroad, being parallel with and 16.00 feet easterly, measured at right angles, from said west boundary line of the J. M. Priour 115 -acre tract, 534.88 feet to a point, a corner of the right of way tract of said San Antonio, Uvalde & Gulf Railroad, for a corner of this tract, - Thence S.60°36'E., with the south boundary line of an offset portion of said right of way tract, 16.00 feet to a point, a corner of said right of way tract, for a corner of this tract, - Thence N. 29°24'E., with the east boundary line of said right of way tract, being parallel with and 32.00 feet easterly, measured at right angles, from said west boundary line of the J. M. Priour 115 -acre tract, 380.11 feet to a point in the south boundary line of Primrose Heights, an addition to the City of Corpus Christi, Texas, as shown by map of record in the office of the County Clerk of Nueces County, Texas, in Map Book No. 4 on page 41, for a corner of this tract, whence the south- west corner of said Primrose Heights addition in the west boundary line of said J. M. Priour 115 -acre tract bears N. 89°57'W. 36.71 feet,- . Thence S. 89°57'E., with said south boundary line of Primrose Heights addition and the north. boundary line of the J. H. Burns 5 -acre tract, 22.10 feet to a point, the southeast corner of Lot 1 and southwest corner of Lot 2, in Block 3 of said Primrose Heights addition, for a corner of this tract,- - -Thence N.0°40'W., with the east boundary line of said Lot 1 and west boundary line of said Lot 2 in_Block 3 of Primrose Heights addition, - 59.23 feet to -a point in the north boundary line of said Block 3 and south.houndary line of Williams Avenue, the northeast corner o_ said Lot 1 and north-. west corner of said Lot 2, for a corner of this tract, - Thence N.89°20'E., with said nor- -boundary line of Block 3 and south boundary line of Williams Avenue, 150 00 feet to a point, the northeast corner -of Lot 7 and northwest corner of Lot 8 in said Block 3 fora _corner of this tract, - Thence N.0°240'x•1., across said '•lilliams Avenue 35.00 feet to a point in the north boundary line of said Williams Avenue and south boundary line of Block 1 of said Primrose Heights - addition for a corner of this tract, - Thence S. 89°20'W., with said north boundary line of Williams Avenue and south boundary line of Block 1, 111.30 feet -•-to a point, the southwest corner of said Block'1 of Primrose - Heights addition, for a corner'of this tract, - Thence N.29°24'E., with the west boundary line of said Block 1 and east boundary line of Washington Street, same being parallel with and 35.00 feet easterly, measured at right angles, from the west boundary line of said J.M. Priour 115 acre tract . 410.94 feet to a point, the northwest corner of said Block 1 of Primrose Heights addition for the northwest corner of this tract, - Thence N.86°08'1+5"E., with the north boundary line of said Block 1 and south boundary line of West Broadway, 131.97 feet to a point for a corner of this tract,- - Thence N. 89°20'E., with the south boundary line of said West Broadway and the north boundary lines of said Blocks 1 and 2 of Primrose Heights addition, crossing Primrose Boulevard, 300.81 feet to the place of beginning. -3- All.that certain tract or parcel of land, lying and being situated in the City of Corpus Christi, Nueces County, Texas, and being located in what is known as the "SALT LAKE TRACT". The tract herein conveyed is a part of said Salt Lake Tract lands, being all of the 42 acres tract conveyed by deed from Wm. H. /0;'' Tompkins and Chas. H. Clark to Josephine Sparks dated January 14, 1946, and recorded in Vol. 319 on Page 479 of the Deed Records of Nueces County, Texas, and also a portion of the 19.87 acre tract conveyed by deed from Guaranty Title & Trust Co., Trustee and Jack Pope, Independent Executor of the Estate of W. E. Pope, Deceased, to Josephine Sparks dated December 18, 1946, and recorded in Vol. 355 on Page 560 of the Deed Records of Nueces County, Texas, being all of said tracts lying West of the center- line of the drainage ditch occupying the easement granted for same to the City of Corpus Christi, Texas. The tract hereby conveyed is more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod in the South boundary of West Broadway Street, same being the Northeast corner of Parcel Two above described and also being the Northwest corner of the Josephine Sparks tract, - Thence along and with the South boundary of West Broadway Street, North 81022'35" East 498.40 feet to a point in the center of the drainage ditch for the. Northeast corner of this tract, - Thence, crossing said Sparks 19.87 acre tract along and with the centerline of the drainage ditch occupying the easement granted to the City of Corpus Christi for said purnose, South 22054'21" West 1,246.52 feet to -a point where said line intersects the North boundary of the Cornus Christi .Sousing Authority "D, N. Leathers 17.450 acre tract" -for the Southeast cor=e_ of this tract, - Thence, along and with the North boundary of the said Corpus Christi Housing Authority D. N. Leathers 17.450 acre tract, South 89°45'40" West 388.60 feet to a point in the Southeast boundary of the Parcel Two above described for the Southwest corner of this tract, - Thence, along and with the boundary of said Parce]. Two above described and of this tract as follows: North 43°37'00" East 185.70 feet to a point, -- Thence. North 6048t00" West 78.50 feet to a point, - Thence North 14°43'OO" East 48.06 feet to a point, - Thence North 15°O1'00" East 363.30 feet to a point, -- Thence North 14°49'30" East 297.92 feet to a point, - Thence North 24°10'30" East 194.41 feet to the PLACE OF BEGINNING, and containing a total area of 455313.57 sq. ft. or 10.453 acres of land. . Being the 'same property conveyed by Ruth Sparks, a 'Widow, to General American Transportation Corporation by deed dated December'18, 1956, and filed for record in the office of the County Clerk of Nueces County, Texas, on December 27, 1956, at 3:59 o'clock, P. M., File No. 473145. -4- �r4� TRACT 3 (original) : Q) �t ,CLS L. portion of a tract of land known as the P. W. Humphrey is. 29 -acre tract, conveyed by H. L. Kinney to P. W. Humphrey Y,?.. on October 11, 1850, as of record in the Deed Records of i)t Nueces County, Texas, in Vol. d, at Page 503, and a portion • 4of Survey No. 708, made for W. H. Gill, embracing 1,000 acres of submerged land under the waters of.Nueces Bay, the portion included in this survey being a part of that portion of said survey No. 708 patented to the Nueces County Navigation District No. 1• by the State of Texas on Nay 7, 1930, .as of record in the Deed •Records of Nueces County, Texas, in Volume 192 at page 579. Said survey is.situated in Nueces County, Texas, about 1-1/2 miles N. 70b W. from the Court House and was made for the Guaranty Title & Trust Company. . BEGINNING at an iron bar set at the point of intersection of the northeast boundary line of the right of way of the San Antonio, Uvalde & Gulf Railroad, with the southeast boundary line of a tract or land conveyed by the Guaranty Title & Trust' Company, Trustee, to diary E. Blucher by deed dated March 5, 1934, as of record in the Deed Records' of Nueces County, Texas, in Vol 210 at'Page 149, for the west corner of this survey, whence a cedar post, the west corner'of the P. W. Humphrey 29 -acre tract and -north corner of the P. W. Humphrey 100 -acre tract, bears S. 31° 15' W. 200.56 feet and N. 58° 45' W. 176.20 feet, TACE, N. 31° 15' E_, with said southeast boundary line 'of the Mary E. Blucher tract, 2393_23 feet -o a2 -inch. by 4 -inch pine stake in the established bulkhea= line along the -south - West he-south- west side of the ship channel of the Nueces County Navigation District No. 1, the east cr ier of said Nary E. Blucher tract, for the north corer of this survey, THENCE S. 66° 11'30" E. with said bulkhead line, 1109.00 feet to a 2 -inch by 4 -inch pine stake set in the line of a northeast- erly prolongation of the•northwest boundary line of Nueces Bay Boulevard, a public road, for the east corner of this survey, .THENCE S. 31° 15' W., along said prolongation of the northwest boundary line of Nueces Bay Boulevard, 1481.79 feet to an iron bar set in the curved northeast boundary line of said right of way of the San Antonio, Uvalde & Gulf Railroad, for the south corner of this survey, whence the south corner of said'P. W. _ Humphrey 29 -acre tract and east corner of -said -P. W. Hum8hrey 100 -acre tract bears S. 31° 15' W. 255.61 feet and S. 58 45' E. 40.00 feet, THENCE in a northwesterly direction with said northeast boundary line of railroad right of way, curve right along a circular curve of 5679.65 feet radius 220.40 feet to an iron bar set for the ending point of said curve and the beginning point of a straight course, the radius of said curve at its point of beginning having a bearing of N. 26° 23' 06" E., and at its point of ending a bearing of N. 280 36' 30" E, THENCE continuing along said northeast boundary line of rail- road right of way, N. 61° 23' 30" W., 880.69 feet to the place of beginning, containing 36.34 acres*. n�rr•I rl►l FIRST TRACT: All that certain tract or parcel of land situated in the City of Corpus Christi, Nueces County, Texas, in what is known as the E. Villareal Grant and being portions of the following surveys in said Grant, The H. Cowing Survey No. 390; the Scott and Ward Survey, north of the Brewster Tract; and portion of Survey No. 2, of the submerged lands, designated on Map of record in Volume 6, page 16, of the Map Records of Nueces County, Texas, and described by metes and bounds, as follows: Beginning at an 1/2" x 1/2" iron bar, the intersection of the north right-of-way line of the S. A. U. & G. Railway and the east line of Nueces Bay Boulevard, for the point of beginning; . Thence along the east line of Nueces Bay. Boulevard N- 31° 15' E. 1053.00 feet to a 2" x 2" wood stake for a corner; Thence along the old shore line, or meander line, of Nueces Bay S. 89° 25' W. 94. 16 feet to a 2" x 2" wood stake, the intersection of said meander or shore line with the west line of Nueces Bay Boulevard, the east line of the Barnsdall Oil Company's 36.34 acre tract, for a corner; Thence along the west line of Nueces Bay Boulevard extended, the east line of the Barnsdall Gil Company's 36.34 acre tract N_- 31° 15' E. at 89.20 feet a 2" x 2" wood stake for line, at 470.99 feet, the point of intersection of said line with south bulkhead line of ship channel, for the northwest corner of this tract; Thence along the south bulkhead line of ship channel S.66° 11' 30" E. at 488.40 feet, a tack in concrete man -hole vent to sanitary sewer line, for a point on line, at 872.40 feet a 2" x 4" wood stake, the intersection of the south bulkhead line with the west line of Nueces Navigation District, for the northeast corner or this tract; Thence along the west line of the Nueces Navigation District S. 0° 51' 30" E. at 583.68 feet a 4" x,_" wood post, for a point on line, at 1443. 12 feet a 1/2" x 1/2" iron bar the intersection of said west line of the Nueces Navigation District extended, with the north right-of-way line of the S. A. U. & G Railway, for the southeast corner of this tract; Thence alcng the north right-of-way line of the S. A_ U. & G. Railway, N. 76° 27' 30" W. 407.95 feet, a 1/2" x 1/2" iron bar, the point of curvature of a 1° .0104 curve; Thence continuing in a westerly direction with said north right-of-way line of the S. A. U. & G. Railway, along a I° .0104 curve 1190.41 feet to a 1/2" x 1/2" iron bar, the place of beginning, containing 40. 353 acres. Being the same property conveyed. by Guaranty Title and Trust Company, Trustee, to General American Transportation Corporation, by deed dated September 29th, 1937, and filed for record in the office of the County Clerk of Nueces County, Texas, on October 4th, 1937 at 9:10 o'clock A. M. - .<yn�c;�tyitr" c/ COI.TII TRACT: All that certain tract or parcel of land ,'Vsituated in the City of Corpus Christi, Nueces County, Texas, 3.n what is kno�•tn as E. Villareal Grant and being a portion /of the Scott and Ward Survey and described by metes and bounds of as follows: BEGINNING at 1„ iron pip e the Southi�est corner of the 2 ,S/-• Houston 011 Co. 1'1-.147 acre tract, which corner bears N. 30° 471 -E. 60.08 feet from the Northwest corner of Block 10, Hillcrest Addition; Thence along the West line of the Houston Oil Co. 14.47 acre tract N. 300 47' E. at 187.20 feet a 1/2" iron pipe for line, 187.43 feet to a z" x " iron bar in the South right- of-way line of the S. A. U. & G. Ry, for the Northeast corner of this tract; Thence along the South right-of-way line of the S. A. iF & G: Ry. N. 76° 27' 3o" W. at 80.20 feet a 1/2" x 1/2" iron bar, the point of curvature of a 0.992880 curve, thence continuing along said curve of radius 5770.75 feet in a Northwesterly direction, said curve being the South right-of-way line of the S. A. V.&G.RY 1221. 42 feet to the intersection with the East line of Nueces Bay Boulevard, a 1/2" x 1/2" iron bar for the Northwest corner of this tract; Thence along the East line of Nueces Bay Boulevard S. • 31° W. 156.90 feet to a 1/2" x 1/2" iron bar for the Southwest corner of this tract, to a stake which is the North boundary line of the old road and now called West Broadway; as presently Thence along the North line of West Broadway, located, S. 67° 25? 45" E. 932.85 feet to a 1/2" x 1/2" Iron bar for a corner of this tract; Thence continuing along the North line of West Broadway, 'as presently located, S. 74° 411 E. 363.52 feet to a 1/2" iron pipe, the place of beginning, containing 4.837 acres of land. . Being the same. property conveyed by Guaranty Title and Trust Company, Trustee, to General American Transportation -Corporation by deed dated October 13th, 1937, and filed for record in the office of the County Clerk of Nueces._County, Texas on October 22nd, 1937 at 9:44 o'clock A.M. t of land designated herein .as T'.'act 4, containing S� 3I __ ac , of which'4.24 acres are out of an 87.22 acre tract con- veyed to Barnsdall Oil Company by West Securities Company'on ✓ �� February 10, 1937, out of the P. W. Humphrey 100 --acre tract, y f c� as of record in the Deed Records of Nueces County, Texas, in Volume 228 at Page 153, and 1.13 acres are out of a 3.18 acre tract conveyed to Barnsdall Oil Company by Moe Levan on Febru- ary 9, 1937, out of the P. W. Humphrey 29 -acre tract, as of record In the Deed Records of said Nueces County, in Volume 228 at Page 152 (the area being given therein as 3.17 acres). Said tract 4 is situated in Nueces County, Texas, about one and one-half miles west of the County Courthouse, being one of four tracts . designated as Tract 1, Tract 2; Tract 3 and Tract 4, which comprise a 70.83 acre tract embracing said 3.18 acres conveyed to Barnsdall Oil Company out of the i-iumphrey 29 -acre tract and „rJ:4 67.65 acres out of said 87.22 acre tract, conveyed to Barnsdall .i, Oil Company out of the Humphrey 100 -acre tract, said tract 4 ZE being described by metes and bounds, as surveyed, as follows: BEGINNING at an iron bar, set flush with the ground at the point CD of intersection of the northwest boundary line of a public road or street, 80.00 feet wide, known as Nueces Bay Boulevard, with the curved southwest boundary line of the 100 -foot right of way of the San Antonio, .Uvalde & Gulf Railroad and northeast bound- ary line of said 3.18 acre tract,for the east corner of this -tract, being 40.00 feet northwesterly measured at right angles - from the southeast boundary line of said Humphrey 29 -acre tract; THENCE S 31° 15' 00" W., with said northwest boundary line of Nueces Bay Boulevard, parallel with and 40.00 feet northwesterly, measured at right angles, from the southeast boundary lines of said Humphrey 29 -acre and 100 -acre tracts, at 155.23 feet, inter-. sect the southwest boundary line of said Humphrey 29 -acre tract and northeast boundary line of said Humphrey 100 -acre tract, in all, 733.83 feet to a point, the most southerly east corner of a 29.91 acre -tract, designated as Tract 2, out of said Barnsdall 70.83 acre tract, for the south corner of this tract; THENCE N. 58° 18' 15" W., with the northeast boundary line of a.portion of said Tract 2, 301.00 feet to a point, a corner of said Tract 2, for the Vest corner of this tract; THENCE N. 27° 34' 30"B., with the southeast boundary lines of a portion of said Tract 2 and of a 4.91 acre tract, designated as Tract 3, out o2 said Earnsdall 70.83 acre tract which line at 441.32 feet intersects the northeast corner of said Tract 2 and south corner of said Tract 3; and which line at 577.45 feet intersects the northeast boundary 1_ne of said Humphrey 100 -acre tract and southwest boundary line of said Humphrey 29 -acre tract and of said 3.18 acre tract, in all being 712.93 feet to a point in the southwest boundary line of said railroad right of way and northeast boundary line of said 3.18 acre tract for the north corner of this tract; THENCE S. 610 23' 30" E., with said southwest boundary line of railroad right of way and northeast boundary line of 3.18 acre tract, 131.51 feet to an iron bar, set flush with the ground at the point of beginning of a circular curve to the left, for a corner point of this tract; THENCE in a southeasterly direction with said southwest boundary line of railroad right of way and northeast boundary line of 3.18 acre tract, curve left along a circular curve of 5779.65 feet radius, 215.78 feet to the place of beginning; BACK WAREHOUSE AREA ALL OF: Tract 1 (4.90 Ac.) as shown on plat recorded in Nueces County, Texas, clap Book 28, Page 1. PLUS all of: 2.63 acres of land in the E. Villareal Grant in Nueces County, Texas, known as "Parrish Tract", said 2.63 acre tract being out of the South part of a certain 23.66 acre tract described as "Tract No. 3" in deed from Burton Dunn, et al, to Pontiac Refining Corp., dated July 25, 1951, recorded in Volume 524, Page 409, Deed Records of Nueces County, Texas, which said 2.63 acre tract is more particularly described as follows: COMMENCING at the South corner of the above described 23.66 acre tract at iron pipe which is also the South corner of the 2.63 acre tract covered by this deed; THENCE North 57 deg. 53' 15" West 387.14 feet along the South line of the above referred to 23.66 acre tract and also along the South line of said De Ryee Tract to the South corner of a certain 4 -acre tract conveyed to Mrs. Annie Costello by deed dated December 10, 1928, recorded in 'Volume 186, =ace 268 Deed Records of Nueces Count_, Texas; THENCE North 31 deg_ 36' 45" Ear= along the East or Southeast line of said Costello Tract 325.6 feet to an ion bar the East or Northeast corner of said Costello Tract; THENCE South 57 deg. 53' 15" East 335.16 feet to a point for corner on the East line of the above referred to 23.66 acre tract; THENCE South 21 deg. 33' 20" West along the East line of the above described 23.66 acre tract 330.17 feet to an•iron pipe, the place of beginning, containing 2.63 acres. PLUS all of: That tract of land lying and being situated in Nueces County, Texas (known 2.66 Ac. Webb Tract) and, Being a 2.66 acre tract of land out of the Anna Costello 4 -acre tract about two miles west of the County Courthouse and embracing all that portion of said Anna Costello 4 -acre tract lying east of the public road known as Lawrence Drive, being a portion of the De Ryee lands out of the Webb 1000 -acre tract, and being more particularly described by metes and bounds as follows, to -wit: BEGINNING at a 1 -inch iron bar in the northeast boundary line of a tract of land known as the Evans tract and also as the Edwards tract, the south corner of a 4 -acre tract of land out of the De Ryee lands, conveyed to Mrs. Annie Costello by H. G. Sherman et al as shown by deed of record in the Deed Records of Nueces County, Texas, in Volume 188 at Page 268, and now known as the Anna Costello 4 -acre tract, and the most southerly west corner of a 15.07 -acre tract out of said De Ryee lands, set aside to S. Gugenheim, Mrs. Anna Cohn and Jos. A. Cohn in a deed of partition dated December 8, 1928, and recorded in the Deed Records of Nueces County, Texas, in Volume 183 at Page 109, for the south' corner of this survey, whence an iron pipe, the east corner of said Evans or Edwards tract and south corner of said 15.07 -acre tract bears S. 150 53' 15" E., 387.14 feet, THENCE N. 570 53' 15" L7., with the southwest boundary line of said Anna Costello 4 -acre tract and Northeast boundary line of said Evans or Edwards tract and of a tract of land subdivided and known as Oak Lawn, 254.57 feet to a 1 -inch iron bar in the east boundary line of a public road known as Lawrence Drive for the Southwest corner of this survey, THENCE N. 00 16' 45", with said east boundary line of Lawrence Drive, 385.58 fee= to a 1 -inch iron bar in the northeast boundary ling of said Anna Costello 4 -acre tract and southwest bo'-ndary line of the northwest portion of said 15.07 -acre tract for the northwest corner of this survey, whence the north corner of said Anna Costello 4 -acre tract and most northerly west corner of said. 15.07 acre tract bears N. 570 53' 15" W. 76.71 feet, TH::NCE S. 570 53' 15" E., with said northeast boundary line of Anna Costello 4 -acre tract and southwest boundary line of the northwest portion of 15.07 acre tract, 458.29 feet to a 1 -inch iron bar, the east corner of said Anna Costello 4 -acre tract and a corner of said 15.07 -acre tract, for the east corner of this survey, 'THENCE S. 310 36' 45" W., with the southeast boundary line of said Anna Costello 4 -acre tract and northwest boundary line of the southwest portion of said 15.07 acre tract, 325.60 feet to the place of beginning, containing an area of 2.66 acres. FOR a combined total of 10.19 acres minus: 8.99 acres of land lying east of a public road known as Lawrence Drive, north of Huisache Street, westerly but separated from Baymoor Addition and the former Compton Tract, and south of a Champlin Petroleum Co., tract, known as Pontiac Tract B, as shown by map of record in the office of the County Clerk in Nap Book 31 at Page 94. Said 8.992 -acre tract is situated in Nueces County, Texas about 2.1 miles N. 85° W. from the County Courthouse, partly within and partly outside of the present City Limits, embracing that portion of former Anna Costello tract lying east of Lawrence Drive, a portion of the south part of a 15.07 -acre tract out of former De Ryee tract, the west part of east portion of a former Evans or Edwards tract together with portions of former Oak Lawn Addition as designated Tract 1 of certain Southwestern Oil & Refining Co., tracts shown by map of record in the office of County Clerk in Map Book 28 at Page 1, and is more particularly described, by metes and bounds, as surveyed, as follows: BEGINNING at a 1 -inch iron pipe, at the point of intersection of north margin of 50 -foot right of way for Huisache Street with east margin of 80 -foot right of way for Lawrence Drive, the southwest corner of said Southwestern Oil & Refining Co., Tract 1, and a portion of former Evans or Edwards tract, for the west or southwest corner of this tract, THENCE N. 0° 16' 45" W. along said east margin of Lawrence Drive right of way, crossing former Erwin Avenue and portions of former Lots 10, 9 and 8 in Block 3 of Oak Lawn Addition, and continuing along the west roadside boundary lime of a 2.66 -acre poriton of former Anna Costello tract, in 821.29 feet to a 1 -inch iron bar, north corner of said 2.66 -acre tract,and sout2raest corner of said Pontiac Tract B, for the north corner of this tract, THENCE S. 570 53' 15" E., along the common boundary line between Pontiac Tract 3 and former Costello tract, and continuing with boundary line of said Pontiac Tract B, across south part of said 15.07 -acre tract out of former De Ryee tract, in all,. 793.45 feet to a point, a corner of said Tract B, for the east corner of this tract, THENCE S. 340 12' 00" w., crossing said south part of De Ryee tract and Southwestern Oil & Refining Co., Tract 1, 710.81 feet to a point in the north margin of said 50 -foot right of way for Huisache Street, for the south corner of this tract, whence a point, a 1 -inch bar, the west or southwest corner of Lot 134, in Baymoor, a subdivision shown by plat of record in the office of the County Clerk of Nueces County, Texas, in Map Book 4 at page 42, and south corner for said portion of former Evans or Edwards tract lying north of JIuisache Street, is reached by running S. 540 56' 45" E. 146.92 -feet, THENCE N. 54° 56' 45" W., along said north margin of right of way for Huisache Street, 328.01 feet to the place of beginning: LEAVING 1.198 Acres as shown on attached plat. BAYMOOR ADDITION LOTS All of Lots 230, 232, 233, 234, 235 of Baymoor Addition to City of Corpus Christi, as shown on plat of record in Volume 4, Page 42 of Map Records of Nueces County, Texas; less those portions deeded to State of Texas for highway right-of-way purposes. All of Lots 204, 206, 207, 208, 209, 211, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 of Baymoor Addition to City of Corpus Christi, as shown on plat of record in Volume 4, Page 42 of Map Records of Nueces County, Texas. Tota l : 3.009 AG. (66+.) 17' SUNSET PLACE LOTS All of Lots 1, 2, 3, 4, 5, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 of Block 5 of Sunset Place an addition of the City of Corpus Christi, Texas as shown on the plat thereof recorded in Volume 4 of Page 25 of the Map Records of Nueces County, Texas. Total: 2.969 Ac. That the foregoing ordinance w s read for second reading on this the day o following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoing ordinance was read for the third reading on this the day of following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K..Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the forering ordinan on this the R day o Luther Jones Edward L. Sample Dr. Jack Best Jack K..Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the / day of 19 3)/ first time anp�ii passed to its , 196/ , by the second time and , 19 passed to its , by the was read for the�Ahird time and passed finally , 19 , by the following vote: i ATTEST: Cid Secretary APPROVED: .w../ DAY OF• Fv4r...c.-j. , 19gy : J. BRUCE AYCOCK, CITY ATTORNEY By/ Assisrn'ity Attorne MAY ,40 THE Ci' Y OF CORPUS CHRISTI, TEXAS 16042 MOTION moved and 'B1 : - seconded this motion to include in the ordinance authorizing the City Manager to execute an industrial district agreement with Southwestern Refining Company, Inc., for a term of seven (7) years commencing January 1, 1981, passed on first reading by the City Council of the City of Corpus Christi on February 4, 1981, and on second reading on February 11, 1981, the following: 1. Adding the required Exhibits "A" and "B" describing the lands to be included within the industrial district and the lands subject to the alternative method of calculating the in -lieu of tax payment set forth in Article III (e), respectively. E• SAMPLE 413SrAlit)61) ,Z --%R PASSED