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HomeMy WebLinkAbout16654 ORD - 11/04/1981sp;11/3/81;1;>t , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH LAMBERT AND FONDREN CONSTRUC- TION COMPANY FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNA- TING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 51 "; EXEMPTING SUCH AREA FROM ANNEX- ATION 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; 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 an Industrial District Agreement with Lambert and Fondren Construction Company for a term of seven (7) years commencing January 1, 1981; designating an area to be known as "Corpus Christi Industrial District No. 51 "; exempting such area from annexa- tion and providing for an annual payment in lieu of taxes to the City dur- ing 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. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need of coordinating the industrial district agreements with the annexation election, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolu- tions at three regular meetings so that this ordinance is passed an shall take effect upon first reading as an emergency measure this the t�/ day of November, 1981. ATTEST: C. Secretary APPROVED: 3_,- DAY OF NOVEMBER, 1981 J. BRUCE AYCOCK, CITY ATTORNEY //.lam u THE TV OF COPRUS CHRISTI, TEXAS 16654 e. INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS I COUNTY OF NUECES I 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 Chester E. Lambert & Jerry W. Fondren dba/Lambert & Fondren Construction Co. (Landowner) a Texas ( ista;#dccem, n/a partnership (Lessee) , a corporation, and same as landowners (Improvements Owner) a corporation, hereinafter collectively 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 -}and shall, upon execution of this agreement by the City, be known as "Corpus Christi Industrial District No. S� 11 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 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 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 Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; 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 additional payments to City under Article III(d) hereof, and such other City services as are being provided to and paid for by Company on the date hereof. Further, City and Company agree that during the term hereof, City shall not require with respect to said land compliance wiih__its rules or regu---_ lations (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 -2- 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 granted herein shall terminate on that date, but all other terms of this Agreement 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, 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 (excluding personal property) 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 improvements were situated on land within the city limits of City. On or before March 31 of each year during the term of this Agree- ment, Company shall provide to City's Tax Assessor -Collector a written statement - 3 - of its opinion of the market value sworn to by an official of Company authorized to do the same. (c) 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 paragraph (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 (c). 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 determining and fixing the amount of in lieu of taxes payments hereunder shall be subject to all provisions of law relating to determinations of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equaliza- tion 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 jurisdication or as the result of other final settlement of the controversy, then within thirty (30) days thereafter Company shall make to City an additional payment due based on such final valuation. If as a result of final judgment of a court of - 4 - competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Company's property is established as an amount less than the amount used to compute 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 settlement. VI (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligations 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 sums 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 recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. (b) City shall be entitled to a tax lien on said land and improve- ments, in the event of default in payment of in lieu of tax 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 land, 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 incorporation 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 injunction against such annexation or incorporation, with the cooperation of Company, 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 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 cal- endar year in which such annexation or incorporation is attempted, prorated to the date such temporary injunction or relief is denied, in a separate interest- bearing 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 extend 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 improve- ments 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 intermediaries 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 -6- 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 Company is a member. X This Agreement shall 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 remain in force. XI (a) Whenever the Company sells a contiguous portion of said land consisting 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 plan indicating the proposed water, sewer, drainage, access, and street plans for said land. (ii) Both the buyer and the seller 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 concerning 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". Company shall furnish to the City's Tax Assessor -Collector a revised Exhibit "A", which revised exhibit 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 calendar year in which the conveyance occurred. In the event the - 7 - Company improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A", 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 with an industry of the same classification, which contains in lieu of tax pay- ment terms and provisions more favorable to such landowner than those in this Agreement, 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, paragraphs, sections, articles or other part of this Agreement or the appli- cation 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 the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article, or other part of the Agreement 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. ENTERED into this 13th day of October , 1981 ATTEST: ad itness ATTEST: Secretary Lambert & Fondren Construction (Company) (Landowner) 9 v ,en C ester E. Lambert By v� Jerr'y W. Fondren (Company) By - 8 - ATTEST: Secretary (Improvements Owner) (Company) By ATTEST: CITY OF CORPUS CHRISTI By City Secretary Ernest M. Briones, Acting City Manager APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney (1) Standard Industrial Classification Manual. (Executive Office of the President - Office of Management and Budget, Statistical Policy Division, 1972). 659 pp. 9 THE STATE OF TEXAS ) t DUO 111 I'i11iUa 1420 [ 808 �u I Cf 955 870893 ( KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES ) That we, KATIE DUNN, a feme sole, and DANIEL D. MEANEY, individually and as Trustee of the Katie Dunn Trust No. 1 (said trust being dated May 31, 1962), all of the County of Nueces, State of Texas, for and in consideration of the sum of Ten ($10.00) Dollars cash, and other good and valuable consideration to them in hand paid by LAMBERT & FONDREN CONSTRUCTION CO., the receipt of which is hereby • acknowledged; And the further consideration of the execution and delivery by LAMBERT & FONDREN CONSTRUCTION CO., of one promissory note of even date herewith in the principal amount of Seven Thousand Two Hundred Sixty-three ($7,263.00) Dollars, bearing interest and payable as therein stipulated, to the order of KATIE DUNN, a feme sole, and DANIEL D. MEANEY, individually and as Trustee of the Katie Dunn Trust No. 1, in Corpus Christi, Texas, containing the usual default, accelerated maturity and attorney fee clauses, and being the same note described in and secured by the Deed of Trust of the same date on the hereinafter described property from the said LAMBERT & FONDREN CONSTRUCTION CO. to John C. North, Jr., Trustee, in addition to the Vendor's Lien hereinafterretained; HAVE GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto the said LAMBERT & FONDREN CONSTRUCTION CO., of the County of Nueces, State of Texas, all that certain tract, piece or parcel of land, lying and being situated in the County of Nueces, State of Texas, and more particularly described as follows, to -wit: FxWel r 1.24 acres of land out of the Katie Dunn 85.02 acre tract located in Nueces County, Texas, about 5 1/2 miles west from the county courthouse, at the intersection of Up River Road and Com Products Road, conveyed to Katie Dunn by partition deed of August 1, 1947, of record in Vol. 373 at page 452 of the Deed Records of Nueces County, Texas, being part of the Charles and William Ohler640 Acre Tract out of the Rincon del Oso Grant to Enrique Villareal; said 1.24 Acre Tract being described by metes and bounds as follows: R611 219 ICE 1956 BEGINNING at a 1 -inch iron pipe flush with the ground whence the Northwest corner of said 85.02 acre Katie Dunn Tract is reached by running N. 75°-20'-35" W. 544.92 feet and thence N. 10°-07'- 30" E. 1205.12 feet along the centerline of Corn Products Road to its intersection with the South boundary of Up River Road, said iron pipe being the northeast comer of a 3.00 acre tract out of said 85.02 acre Katie Dunn Tract as described in a Deed of Trust by Lambert & Fondren Construction Co. dated February 24, 1966, recorded in Vol. 995 at Page 269 of the Deed of Trust Records of Nueces County, Texas, for the Northwest comer of this tract; THENCE S. 75°-20'-35" E. 226.73 feet along the south boundary of a 1.94 acre tract in name 8 & R Construction Co., to a 1 -inch iron pipe flush with the ground, the southeast corner of said 1.94 acre B & R Construction Co. Tract, for the northeast comer of this tract; THENCE S. 10°-07'-30" W. 224.03 feet to a 1 -inch iron pipe set in a 6 foot high chain link fence marking the north boundary of an 18.753 Acre Tract out of said 85.02 Acre Katie Dunn Tract conveyed to Lone Star Erection Co. by Katie Dunn and Daniel D. Meaney on December 9, 1969, for the southeast comer of this tract; THENCE along the north boundary of said 18.753 acre Lone Star Erection Tract N. 83°-05'-40" W 226.38 feet to a 1 -inch iron marking the southeast corner of said 3.00 acre Lambert & Fondren Tract, the northwest comer of said 18.753 acre Lone Star Erection Tract, for the southwest comer of this tract; • THENCE N. 10°-07'-30" E. 254.63 feet along the east boundary of said 3.00 acre Lambert & Fondren Tract to the place of beginning; Containing an area of 1.24 acres. This conveyance shall be subject to any rights of way or easements of record in the Office of the County Clerk of Nueces County, Texas. EXCEPT, however, there are no minerals in and under the above tract of land conveyed herewith, it being the intention of the Grantors to convey to Grantees a surface estate only in and to the above described tract of land, and Grantors, for themselves, their heirs, successors and assigns, expressly waive all rights of ingress and egress in, on and to the surface of the above described land for the purpose of exploring for and producing oil, gas and other minerals in and under said land, and they expressly waive their rights to have any wells, mines, pipelines, structures or anything whatsoever having to do with the exploration or exploitation of the oil, gas or other minerals, located on the surface of said land. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said -2- DLit) roil420 PALE809 nut c3.y tJI CE 1957 .4BERT & FONDREN CONSTRUCTION CO., their successors and assigns, forever; cdzt. and the undersigned hereby bind themselves, their successors, assigns, heirs, executors and administrators, to WARRANT AND FOREVER DEFEND all and singular the said Co premises unto the said LAMBERT & FONDREN CONSTRUCTION CO., its successors . and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to taxes for the year 1972 and thereafter, assumed by Grantees herein. BUT it is expressly agreed and stipulated that the Vendor's Lien is retained against the above described property, premises and improvements, until the above described note and all interest thereon is fully paid, according to its face and tenor, effect and reading, when this deed shall become absolute. A good and valid release of the lien of the Deed of Trust of even date herewith on said property securing the payment of the above-described note shall also constitute and be a release of this Vendor's Lien. WITNESS OUR HANDS this30-Ct day of December, A. D., 1971. Katie Dunn Daniel D. Meaney Individually and as Trustee for the Katie Dun Trust No. 1 THE STATE OF TEXAS ) COUNTY OF NUECES ) BEFORE --ME, the undersigned authority, on this day personally appeared KATIE DUNN, a feme sole, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30"CR day of December, A. D., 1971. 7. CAROLYN H HILL Notary Public in and for Nueces County, Texas. -3- THE STATE OF TEXAS ) COUNTY OF NUECES ) eettt9 erief195 BEFORE ME, the undersigned authority,on Q DANIEL D. MEANEY, individually and as Trustee fort the Katie Dunn Trust known to me to be thedays Personally appeared and n omled person whose name is subscribed to the foregoing No, 1, acknowledged to me that. he executed the same for the g d Iostrument, therein expressed and in the capacities therein stated. purposes and consideration A. D., 1971. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3� day of December, OF:LU iilr.101iUa -4- V0/1420 NICE 811 tARO YEN HILL Notary public in and for Nueces County, Texas. stets W HULAS COUNTY OF MEWS 1 harery aunty That t� ammo Tag num dee end et the time gamine hereon Qt tte end tid RECORDED. in M4 Munn:end R s named REC RON M Nunes Coin,. Texas, es etem� t by me. R� JAN 25 1972 FARRANTY DEED 1 WITH VENDOR'S LIRR) TRXAD STANDARD PORI leas, Qiputitj of NUECES That KATIE DUNN, a feme sole, and DANIEL DUNN MEANEY, individually and as Trustee for the use and benefit of Patrick Joseph Meaney, Mary Bernadette Meaney, Catherine Ann Meaney and Mary Margaret Meaney 7,6.32 75 • Emu Alt Ant bu tZt 1psr presents: of the County of Nueces of the sum of TEN AND N0/100 State of Texas ($10.00) for and in consideration DOLLARS cash and other good and valuable considerations • to us paid, and secured to be paid, by LAMBERT AND FONDREN CONSTRUCTION COMPANY a partnership composed of Jerry W. Fondren and Chester E. Lambert the receipt and sufficiency of which is hereby acknowledged and confessed; W{big(lt AND the further consideration of the execution and delivery by Grantees herein of their one certain promissory note of even date herewith in the principal sum of $12,000.00, bearing interest and payable as therein stipulated to Grantors herein; said note is secured in addition to the vendor's lien hereinafter retained by a Deed of Trust of even date herewith to J. R. Sorrell, Trustee ri PI 7- 4 ; upd ASVZ' •o u MAR •3 &6no Ell :UNITED STATES :�NTEP hAI AEIENUE= . OOSUJENTAR GE TER IDS -3 rave have Granted, Sold and Conveyed, and by these presents do Grant, Sell and Convey, unto the said LAMBERT AND FONDREN CONSTRUCTION COMPANY of the County of Nueces State of Texas all that certain lot, tract, or parcel of land lying and being situated in the State of Texas,•Couaty of Nueces, as follows, to -wits 3.00 Acres of land, fronting 254.63 feet on Corn Products Road, out of an 85.02 acre tract conveyed to Katie Duna out of the John Dunn home tract by partition deed of August 1, 1947, of record in the Deed Records of Nueces County, Texas, in Volume 373' at Page.452, being part of the Chas. and Wm. Ohler 640 acre tract out of the Rincon dal Oso grant to Enrique Villareal. Said 3.00 acre tract is out of the Southwest portion of said 85.02 acre tract, is situated in Nueces County, Texas, about 5% miles West from the County Courthouse, and is described by metes and bounds, as surveyed, as followst---- Beginning at a one -inch iron pipe flush with the ground, the Northwest roadside corner of a 3.00 acre tract out of said 85.02 acre tract, for the Southeast corner of this tract, whence an iron bar set three inches deep in the South boundary line of said John Duan home tract and North boundary line of a tract in the name of W. B. McCampbell, in the West shoulder of a paved county road known as Corn Products Road, the Southwest corner of said 85.02 acre tract, and Southeast corner of a 59.47 acre tract, is reached by running N. 75° 20' 35" W. 30.09 feet and thence S. 10° 07' 30" W., 928.20 feet, Thence N. 10° 07' 30" E., with the East margin of 60 foot right-of-way for Corn Products Road, and parallel with and 30.00 feet Easterly, measured at right angles, • from the West boundary line of said 85.02 acre tract, 254.63 feet to a one -inch iron pipe set flush with the ground for the Northwest corner of this tract, Thence S. 750 20' 35" E., crossing a portion of said 85.02 acre tract, 514.83 feet to a one -inch iron pipe set flush with the ground for the Northeast corner of this tract, Thence S. 10° 07' 30" W., parallel with said West boundary line of 85.02 acre tract, 254.63 feet to a one -inch iron pipe flush with the ground, the Northeast corner of sadd 3.00 acre tract, for the Southeast corner of this tract, Thence N. 75° 20' 35" W., with the North Boundary line of said 2.95 acre tract, 514.83 feet to place of beginning, Containing an area of 3.00 acres. SAVE AND EXCEPT all nil, gas and other minerals in and under said tract herein described which are expressly fp,Jeeeetwittor herein. VOLjI35 NET 79 Daniel Dunn Meaney, Individually & as Katie Dunn, a feme sole 1 Trustee for the use and ben fit of Patrick Joseph Iteaney, Mary Bernadette Meaney, Catherine �1f LLf idECORDS 11 v>l_1:35 FAIT{ 80 , Corpus Chri Texas 1 day , 1981 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is, introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16'654