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HomeMy WebLinkAbout17046 ORD - 05/19/1982lw;5-5-82;lst AN ORDINANCE REPEALING ORDINANCE NO. 16337 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH SUNTIDE REFINING COMPANY; AUTHORIZING EXECUTION OF A NEW AGREEMENT WITH KOCH REFINING COMPANY, PURCHASER OF SUNTIDE REFINING COMPANY'S IND- USTRIAL PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 16337, passed on June 24, 1981, which authorized an Industrial District Agreement with Suntide Refining Company, be and the same is hereby repealed. The effective termination date of the Suntide agreement shall be December 31, 1981. SECTION 2. That the City Manager be and he is hereby authorized to execute an Industrial District Agreement with Koch Refining Company, purchaser of Suntide Refining Company's industrial district property, said agreement to be for a term of six (6) years commencing January 1, 1982; 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. iuttUFILMED. 17046 ty 2,8 1984 InbusTRIAL DisTRIcr AGREEmaa THE STATE OF TEXAS 1 COUNTY OF NUECES 1 CITY OF CORPUS CHRISTI 1 This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Hueces County, Teas, hereinafter called "City",and Foch. Refinina Company • (randowner) a Delaware corporation, N/A (Lessee) N/A ,a N/A corporation, and a Delaware Koch Refining Company (Improvements Owner) 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 land shall, upon execution of this agreement by'the City, be known as "Corpus Christi Industrial District No. 21 us 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. 15893 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, e;:pansion and growth of indostries 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: 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 shelf 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 with,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 taste disposal through City owned facilities. 11 The term of this Agreement shall begin on the first day of January, 19814 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- ini,ipal Annexation Act; provided, howeer, that in the event this,Agreement is nut 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 iirmunity 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. 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 limit,? 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- 5 opinion of the mai-ket value sworn to ,by an official cif Company authorized do (c) Will respect to any new improvements or facilities, which are hercbv .!efined as Lhose being completed after January 1, 1974, 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., ne 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 Janqary next following the date which the new improvements are placed in use. This provision shall apply to construction of new improve- ments or facilities and to the expansion of existing improvement 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 paragraph (b) above; provided, however, that if and as long as Company is a member in good standing of the Refinery Terminal Fire pmpany, 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 calcu- lation set forth in paragraphs (a) through (d) above, the Company may make a pay- ment 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 lesulting difference or the minimum payment required in paragraph (f), whichever is greater. In addition, Company shall provide City, by attaching hereto as Exhibit "B", 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. - 4 - With respect to any new land acquired hi Cwpany after :Januatly 1, incidc! the city limits, which is contiguous to said land, or forms an part of Company's primary operation located on said land, such new land :!:ly be consid^red in the alternative method of calculating the in lieu of tax p:vioni as stated above, as of January 1 of the first year following the date ch such new land is acquired by Company. Company shall provide City a ne“ tst revised Exhibit "B" 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 (100%) Of the amount of ad valorem taxes based on the market value of said land which would be payable to City if said land were situated within the city limits, plus an amount equal to one hundred percent (100%) 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 A said land, or _CM the amount of ad valorem .taxes on land., improvements and personal property on said land which would be payable to City if said land, improvements and personal property were situated within the city limits of City, Oils an amount in lieu of City sales tax equal to that which would be remitted to the State Comptroller annually by Company, and which would later be remitted to City by the State Comptroller, if said land were situated ' 'within the city limits. 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 -5- • . . . ,r1lit computations hereunder. This Agreement and the method of determining and fking the amount of in lieu of taxes payments hereunder shall be subject to all prwisions of law relating to determinations of 'market value and taxation, including. bit 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 fieu.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 an additional payment due based on such final_valuation. If as a result of final judgment of a court of 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 dmount 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 Lhe option of City and/or the City nay 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 bpst. In the event the City elects to sue to recover any sum due under this Agreement, the „:enalties, interest, attorney's fees, and cost of collection 5ha13 be , recove,-able by the City as would be in a suit to recover delinquent ad valorem taxe3. (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 way be enforced by City in the same manner as provided by law for the col1ectn 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 not description of such newIland. 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 Linjunction 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 ti..e option of (1) terminating this Agreement, effective as of the date of such ahnexation or incdrporation, or (2) continuing to make the in lieu of taxes -7- nts required hereunder. Such option hall be exercised within thirty (30) days after the application for such temporary injunction is denied. In the event Co7,pany 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- end.,r 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 b 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 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 Ccmpany, and upon Company's successors and assigns, affiliates and subsidi- aries, and shall remain in force whether Company sells, assigns, or in any other jianfler 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 8 rnnning with slid land for so long as this Agreement or any extension thereof in force. XI (a) whert-!ver the Company sells a contiguous portion of said land c'oiviistino of n acres or more to an ancillary industry which will be engaged on tiF: 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" 'and/or Exhiblf:66", Company shall furnish to the City's '1.i -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 year in 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 -9- • (II or entersinto a renewal of any existing industrial district agreement an industry of the same classification, which contains in lieu of tax pay - rent t -11.1s and provisions more favorable to such landowner than those in this Agreer,?nt, Company and its assigns shall have the right to either terminate Ayeement,.or amend this Agreement to contain such more favorable in lieu o!. !:.?.ment terms and provisions. XIII In the event any one or more words, phrases, clause, paraliraphs, sections, articles or other parts of this Agreement sentences, 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 12th day of November , 19 81 . ATTEST: Secretary City Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY Koch Refining company (Company) By (Landowner) N/A (Company) (Lesseei___ By By Koch Refining Company (Company) (Improvements -Owner) CITY OF CORPUS CHRISTI By ,rdward A. Mart3n; , City Manager ,19 : 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. - 10 - EXHIBIT "A" Tract I (See Page 1 Exhibit B) BEING a 366.001 acre tract of land out of Survey 582, Abstract No. 1000, Survey 311, Abs'tract No. 816; Survey 500, Abstract 582; Survey 416, Abstract 838 and Survey 421, Abstract 572, Nueces County, Texas, delineated as Tract I on the Urban Engineering Map, and being all of the tract containing 372.08 acres of land, more or less, described by metes and bounds as follows: BEGINNING at a 11/2" iron pipe found at the intersection of the North boundary of Up River Road with the West boundary of Renfro Road for the Southwest corner of this tract and also the Southwest corner of a 136.94 acre tract of land conveyed by Ester McGregor et al to Suntide Refining Co. by deed dated July 26, 1955 and recorded in Volume 700, Pages 346-353, of the Deed Records of Nueces County; THENCE along the West boundary of said 136.94 acre tract which is also the West boundary of Renfro Road as follows: • North 11°13' East, 348.52 feet found a 11/2" pipe; - North 12°19' East, 1,092.31 feet found a 11/2" iron pipe; • North 11°44' East, 434.88 feet found a 11/2" iron pipe; North.10°16' East, 370.73 feet found a 1" iron pipe and North 00°05'00" West, 177.44 feet found a 1" iron pipe at the Northwest corner of the above mentioned 136.94 acre tract which corner is also the Northwest .corner of a tract described in right-of-way deed dated June 12, 1956 from Suntide Refining Co. to the County of Nueces recorded in Volume 738, Pages 29 thru 31 of the Nueces County Deed Records; THENCE South 84°17'30" East along the North boundary of said 136.94 acre tract, 2.77 feet to the Southwest corner of Viola Townsite, a map of which is recorded in Volume 3, Page 16 of the map records of ' Nueces County, Texas; THENCE North 0°34' West, along the West boundary of Viola Townsite which is also the West boundry of Renfro Road, 1,051.78 feet to the intersection of said West boundary with the Westerly extension of the North bbundary of Cypress Street for the Lower Northwest corner of this tract; THENCE North 89°26' East along said Westerly extension, at 28.0 feet pass the Southwest corner of Block 80, Viola Townsite, at 328.0 feet pass the Southeast corner of said Block 80, in all a distance of 358.0 feet to the centerline of Lambert Street; THENCE South 00°34' East, 30.0 feet to the centerline of Cypress Street; THENCE North 89°26' East 180.0 feet to the Southerly extension of the centerline of a 20 foot wide alley through Block 79, Viola Townsite; THENCE North 00°34' West, 30.0 feet; THENCE North 89°26' East at 10.0 feet pass the Southwest corner of Lot 15, Block 79 and continuing along the North boundary of Cypress which is also the South bouhdary of Blocks 79, 78, 77 and 76 of said Viola Townsite running about 1.0 foot North of a wire mesh fence at 1,298.2 feet cross a wire mesh fence running North and South, in all a distance of 1,310.00 feet to the Southwest corner of former Block 75 in Viola Townsite on the East boundary of McGregor Street for an interior corner of this tract which corner is North 89°26' East 40.0 feet from the most Westerly West boundary of a 134.103 acre tract conveyed to Suntide Refining Company by Sunray Oil Corporation by deed dated July 16, 1952 recorded in Volume 561, Pages 202 thru 206 of Deed Records of Nueces County, Texas; - THENCE North 0°34' West along the East boundary of McGregor Street and 40 feet East of and parallel to the West boundary of said 134.103 acre tract 1,333.55 feet to the South right-of-way line of the Missouri Pacific Railroad for the upper Northwest corner of this tract which corner is 3.5' East of the last mentioned wire mesh fence; . THENCE along said South right-of-way line parallel to and 50 feet distant from the centerline of the main track and about 1.0 foot North of a wire mesh fence South 66°17'10" East, 937.77 feet to the point of curvature of a curve to the right which has a central angle of ' 10°59'23" and a radius of 5,679.65 feet; THENCE along said right-of-way on said curve to the right running about 1.0 foot North of a wire mesh fence at an arc distance of 1,077.20 feet cross the West boundary of Suntide Road.(formerly Whelan Ave. and Viola Road) which West boundary is the East boundary of a 20 foot strip of land abandoned by order of Nueces County Commissioner's Court on December 13, 1964; in all a distance of 1,089.40 feet to the Northeast corner of above mentioned 134.103 acre tract for the Northeast corner of this tract; THENCE South 0°19'40" East, along the East boundary of said 134.103 acre tract 1,797.08 feet to the point of curvature of a curve to the right which has a central angle of 1'08'00" and a radius of 11,439.16 feet; THENCE along said curve in a Southerly direction 226.27 feet to the point of tangency; THENCE South 0°48'20" West, along the East boundary of said 134.103 acre tract 278.89 feet to the point of curvature of a curve to the left which has a central angle of 1°0800" and a radius of 11,479.16 feet; THENCE along said curve to the left along the East boundary of said 134.103 acre tract for an arc distance of 227.06 feet to the upper Southeast corner of said 134.103 acre tract and also the Northeast corner of a 20 acre tract conveyed to Suntide Refining Company by South Texas Construction Company by deeedated August 16, 1965 recorded in Volume 1099, Pages 338 thru 339 of Deed Records of Nueces County; THENCE South 0°1!9'40" East along the East boundary of said 20 acre tract 900.00 feet to the Southeast corner of said 20 acre tract for the upper Southeast corner of this tract; THENCE South 89°34'30" West running about 0.3 feet South of a wire mesh fence along the South boundary of said 20 acre tract at 10.0 feet pass the Northeast corner of Tract 1, West End Heights Annex, a map of which is recorded in Volume 33, Page 7 of the Map Records of Nueces County, Texas in all a distance of 967.04 feet to a 1" iron pipe found at the Southwest corner of said 20 acre tract and an interior corner of said Tract 1, West End Heights Annex -for a corner of this tract; THENCE North 0°25'30" West along the West boundary of said 20 acre tract and the most Westerly East boundary of said Tract 1, West End Heights Annex running about 1.3 feet West of a wire mesh fence 258.94 feet to a 1" iron pipe found at the upper Northeast corner of said Tract 1, West End Heights Annex for the lower Southeast corner ofabove mentioned 134.103 acre tract and a corner of this tract; THENCE South 89°34'30" West along the common boundary between said West End Heights Annex and said 134.103 acre tract running about 1.0 foot South of a wire mesh fence, 40 feet to the Northwest corner of said West End Heights Annex and also the upper Northeast corner of an 8.412 acre tract of land conveyed to Suntide Refining Company by deed dated August 30, 1971 by Arnold Land Company recorded in Volume 1409, Pages 161 thru 166, Deed Records of Nueces County for an interior corner of this tract; THENCE South 0°25'30" East, along the most Westerly East ' boundary of said 8.412 acre tract and the most Westerly West boundary of said West End Heights Annex, running about 1.0 foot East of a wire mesh fence, 298.94 feet to an interior corner of said 8.412 acre tract and the upper Southwest corner of said West End Heights Annex for an interior corner of this tract; THENCE North 89°34'30" East, along the lower North boundary of said 8.412 acre tract and the upper South boundary of said West End Heights Annex, running about 1.0 foot North of a wire mesh fence 59.74 feet to the lower Northeast corner of said 8.412 acre tract and the Northwest corner of a tract now or formerly owned by J. H. Spurlock for a corner of this tract; THENCE South 0°20'20" East along the most Easterly East boundary of said 8.412 acre tract and the West boundary of said J. H. Spurlock Tract running about 1.0 foot East of a wire mesh fence at 1,666.45 feet.pass a 5/8" iron rod on line in all 1,667.81 feet to the common front corner of said 8.412 acre tract and said J. H. Spurlock Tract on the North boundary of Up River Road for the lower Southeast corner of this tract; THENCE North 66°18'15" West along the North boundary of Up River Road running about 1.0 foot South of a wire mesh fence at 216.63 feet pass a 1" iron pipe found at the Southwest corner of said 8.412 acre tract and the Southeast corner of a 23.5 acre tract conveyed by Billie Adair Ferrell and husband to Suntide Refining Company by deed dated October 8, 1965 recorded in Volume 1109, Pages 237 thru 241, Deed Records of Nueces. County, in all a distance of 845.96 feet to a 1" iron pipe found at the Southwest corner of said 23.5 acre tract and the . Southeast corner of the above mentioned 136.94 acre tract, for an angle point in the North boundary of Up River Road; THENCE continuing along the North boundary of Up River Road North 68°40'10" West, at 26.5 feet a post at an angle point in a wire mesh fence bears North 21°19'50" East 6.3 feet, at 1,383.00 feet the wire mesh fence bears North 21°19'50" East 4.4 feet, at 2,501.66 feet found a 11/2" iron pipe on the East boundary of Renfro Road which is about 0.7 feet South of and about 1.0 foot West of the wire mesh fence corner post, in all a distance of 2,562.60 feet to the POINT OF BEGINNING. Tract II (See Page 1 Exhibit B) BEING a 10 acre tract of land out of the W. S. McGregor Survey 582, Abstract 1000, Nueces County, Texas, delineated as Tract II on the • Urban Engineering Map: BEGINNING at a 1" iron pipe found on the East boundary of 60 foot wide Suntide Road (fgrmerly Whelan Avenue and Viola Road) for the North or Northwest corner of this tract, from which corner the intersection of the centerline'of Suntide Road with the centerline of the main track of the Missouri Pacific Railroad bears North 54°20'44" West, 37.07 feet and thence North 0°19'40" West, 690.81 feet; THENCE South 54°20'44" East, along a wire mesh fence 1,076.62 feet to a 1" iron pipe found for the East or Northeast corner of this tract; THENCE South 0°19'40" East, along a wire -mesh fence 500.00 feet to a 1" iron pipe found for the South or Southeast corner of this tract; THENCE North 54°20'44" West, along a wire mesh fence 1,076.62 feet t4 a 1" iron pipe found on the East boundary of Suntide Road (60 feet wide) for the West or Southwest corner of this tract; THENCE North 0°19'40" Wes, 30 feet from and parallel to the centerline of Suntide Road, 500.00 feet to the POINT OF BEGINNING . containing 10 acres of land. Tract III (See Page 1 Exhibit B) BEING a 2.73 acre tract of land out of 10.67 acres conveyed to Humble Pipeline Company by Clara Driscoll Sevier, et al, by Deed dated July 6, 1934, recolded in Volume 212, Page 421, Deed Records of Nueces County, Texas, delineated as Tract III on the Urban Engineering Map: BEGINNING at a 5/8" iron rod found at the intersection of the most Northerly North boundary of said 10.67 acre tract with the East boundary of Suntide Road, for the Northwest Corner of this tract, from which corner the Northwest croner of said 10.67 acre tract bears South 89°40'20" West, 10.00 feet; • THENCE North 89°40'20" East, along the most Northerly North boundary of said 10.67 acre tract, 340.00 feet to a 5/8" iron rod found at its Northeast corner for the Northeast corner of this tract; THENCE South 0°19'40" East, along the most Westerly East boundary of said 10.67 acre tract at 300.00 feet pass an interior corner of said 10.67 acre tract, in all a distance of 350.00 feet to a 5/8" iron rod found for the Southeast corner of this tract; THENCE South 89°4020" West, 340.00 feet to a 5/8" iron rod found on the East boundary of Suntide Road for the Southwest corner of this tract; THENCE North 0°19'40" West, along the East boundary of Suntide Road 350.00 feet to the POINT OF BEGINNING. Tract IV (See Page 2 Exhibit B) All that certain tract or parcel of land, situated in the County of Nueces, State of Texas, being more particularly described by 'metes and bounds according to a survey and map thereof made by Urban Engineering of Corpus Christi, Texas, which map is entitled "Survey of 14.90 acres being the west tract of 3 tracts comprising the Aaron Cohn 45 acre tract out of the Webb 1000 acre tract, Nueces County, Texas," signed by George M. Pyle, dated May 14, 1981 and last revised on October 16, 1981, as follows: BEING a 14.90 acre tract of land being the West tract of 3 tracts comprising .the Aaron Cohen 45 acre tract out of the Rachel Webb 1,000 acre tract, Nueces County, Texas: BEGINNING at a metal fence corner post for a wire mesh fence at the intersection of the South boundary of Tribble Lane with the East boundary of a tract now or formerly owned by N. J. Cantwell, for the Southwest corner of the J. C. and Frank Tribble 17.45 acre tract and the Northwest corner of this tract; , THENCE South 59°19'30" East along the South boundary of Tribble Lane running about on line with a chain link fence 980.31 feet to a 1" iron pipe found for the Northeast corner of this tract; THENCE South 24°5200" West, 739.60 feet to a 1" iron pipe set for the Southeast corner of this tract; THENCE North 59°34'40" West 685.58 feet to an axle found in concrete around a metal corner fence post at the Southeast corner of a one acre tract of land conveyed to Earl C. Dunn by Mitchel Schwartzman and wife by deed dated April 27, 1954 recorded in Volume 639, Pages 96 and 97 of the Deed Records of Nueces County, Texas, for the lower Southwest corner of this tract; . = THENCE North 18°10'05" East along the East boundary of Said One acre tract, running about 0.8 feet West of a chain link fence, 208.59 feet to the Northeast corner of said Dunn one acre tract and an interior corner of this tract, from which corner the Northeast corner of a one acre tract as quit claimed to Harriet Bridgeforth by Aaron Cohen by deed dated April 13, 1936 recorded in Volume 222, Page 85 of the Nueces County Deed Records bears North 18°10'05" East, 5.26 feet;, THENCE North 59°11'55" West, along the North boundary of said Dunn one acre tract about in line with a chain link fence, at 205.74 feet pass a metal fence corner post, in all a distance of 208.28 feet to the Northwest corner of said Dunn one acre tract for the upper Southwest corner of this tract; - THENCE North 18°25'25" East, along the East boundary of the 6.65 acre Neal Tract running about 2.5 feet West of a chain link fence, at 2.94 feet pass an axle found at the Northwest corner of said Harriet Bridgeforth one acre tract, at 33.3 feet a metal fence corner post bears South 71°34'35" East, 2.77 feet and another metal fence corner post bears North 71°34'35" West, 0.63 feet and continuing North 18°25'25" East, along the East boundary of said N. J. Cantwell Tract about on line with a chain link fence a total distance of 547.23 feet to the POINT OF BEGINNING. Tract V (See Page 4 Exhibit B) BEING 518.42 acres of land out of Survey 421, Abstract No. 572, Survey No. 416, Abstract No. 838 and Survey 500, Abstract No. 582, Nueces County, Texas: BEGINNING at a post adjacent to a fence corner post at the Northwest corner of Survey No. 421, for the Northwest corner of this tract from which corner the old fence corner post bears South 0.4 feet and West 1.4 feet; ' THENCE South 89°55'30" East, with an old fence line, at , 2,325.81 feet cross the centerline of the Missouri Pacific Railroad tracks which is'also the centerline of the 100 foot wide railroad -right-of-way in all a disance of 3,005.81 feet to a point on the margin of the Nueces River; THENCE with the meanders of said margin South 49°56'30" East, 451.92 feet; South 58°16'35" East, 393.68 feet; South 81°32'10" East, 339.09 feet and North 84°42'30" East, 1,050.70 feet to a point on the East boundary -of Survey 421 for the Northeast corner of this tract; THENCE South 0°0100" West, with said East boundary of Survey No. 421, which is also the West boundary of Renfro Road, at 23.15 feet pass an 8" x 10" post broken off at ground level, at 848.76 feet cross the centerline of said Missouri Pacific Railroad tracks and the centerline of a 100 foot railroad right-of-way in all a distance of 4;122.48 feet to the North boundary of the former Ester McGregor 136.94 acre tract now owned by Suntide Refining Company for a corner of this tract; THENCE North 83°42'30" West along said North boundary, 2.77 feet to a 1" iron pipe found at the Northwest corner of said 136.94 acre tract for a corner of this tract; THENCE along the West boundary of said 136.94 acre tract which is also the West right-of-way line of Renfro Road as conveyed to Nueces County by Suntide Refining Co. by deed dated June 12, 1956 recorded in Volume 738, Page 29 of the Deed Records of Nueces County, Texas as follows: 024' West, 177.44 feet, found a 1" iron pipe; SSoouutt: South 10°45' West, 370.73 feet, found a lls" iron pipe; South, 12°13' West, 434.88 feet, found a 112" iron pipe; pipe and South 11°42' West, 348.52 feet to a 1!2" iron pipe found on the North boundary of Up River Road for the Southeast corner of this tract! THENCE South 00°31'50" West, along the West boundary of said 3.18 acre tract 434.69 feet to a 1" iron pipe found on the North boundary of Up River Road; THENCE North 72°11'50" West, along the North boundary of Up River Road, 122.02 feet to a 1" iron pipe found on the East or Northeast boundary of Hearn's Ferry Road (60 feet wide) for the Southwest corner of a 23.804 acre tract now or formerly owned by Southern Minerals Corporation and the Southwest corner of this tract; . THENCE North 65°57'40" West along the North boundary of Up River Road 126.07 feet to a 1" iron pipe found at the Southeast corner of the Liicj11 Riley 5.571 acre tract as shown on survey plat prepared by Wm. W. Green, dated 6-6-79; THENCE along the East boundary of said 5.571 acre tract, North 15°39'07" East, 114.34 feet to a fence corner post and continuing along a fence on the East boundary of said 5.571 acre tract as follows: North 5°39'14" East, 120.40 feet; North 9°01'48" East, 110.87 feet; North 13°00'19" East, 209.80 feet; North 12°48'24" East, 406.34 feet and North 12°36'54" East, 347.51 feet to the Northeast corner of said 5.571 acre tract for an interior corner of this tract; THENCE North 85°01'41" West along the North boundary of said 5.571 acre tract as fenced 245.43 feet to a corner post at its Northwest corner for an interior corner of this tract; THENCE South 11°50'19" West, along the West boundary of said 5.571 acre tract as fenced, 1,019.08 feet to the Northeast corner of the L. Williams 0.94 acre tract for a corner of this tract; THENCE North 70°06'10" West, 210.23' to a 1" iron pipe found at the Northwest corner of said 0.94 acre tract; THENCE South 11°21'10" West, 187.30 feet to a 1" iron.pipe. found on the North boundary of Up River Road at the Southwest corner of said 0.94 acre tract; THENCE North 62°47'30" West, along the North boundary of Up River Road at 158.54 feet cross the East boundary of 60 foot wide Tecolote Road in all 224.60 feet to the East boundary of a 3.13 acre Nueces County tract for a corner of this tract; THENCE North 2°28' East, along the East boundary of said 3.18 acre tract which is also the West boundary of Tecolote Road, 503.33 feet to a 1" iron pipe found at its Northeast corner; THENCE North 80°4810" West along the North boundary of said 3.18 acre tract 294.83 feet to a 1" iron pipe found at its Northwest corner for an inside corner of this tract; - THENCE along the East or Northeast boundary of Hearn's Ferry Road which is also the West or Southwest boundary of said 23.804 acre tract -as follows: North 21°54' West, North 36°08' West, North 40°03' West, North 63°31West, North 25°10' West, 31°12'40" West, 498.23 feet of a 4.21 acre tract now or N th t corner of said 23. or wes • THENCE South 89°47'30" West, 34.98 feet to the Southwest corner of said 4.21 acre tract in the centerline of Hearn's Ferry Road for a of this tract; ' ' THENCE along the centerline of Hearn's Ferry Road as follows: 149.52 feet found a 1" iron pipe; 326.99 feet found a 1" iron pipe; 321.14 feet found a 1" iron pipe; 368.02 feet found a 1" iron pipe; 36.43 feet found a 1" iron pipe and North to a 1" iron pipe found on the Sou:.h boundary formerly owned by C. M. Blucher for the 804 acre tract and a corner of this tract; corner ' • feet North 31°10' West, 471.55feet;'-' North 34°10' West, 433.33 feet; North 27°00' West, 713.89 feet; North 21'30' East, 388.89 feet; North, 194.44 feet; ' North 22°15' West, 163.89 feet; North 67°00' West, 500.00 feet; North 50°30' West, 583.33 feet; North 27°30' West, 138.89 feet; North 58°30' West, 235.56 feet; North 56°30' West, 333.33 feet and North 44°30'00" West 276.64 to the West boundary of Survey 421, for a corner of this tract; THENCE North 0°0200" West, along an ad fence line 1,877.23 to the POINT OF BEGINNING containing 521.94 acres of land, save and except from the above description a one acre. tract owned by Willie Mae Prcin and two 1.26 acre tracts of land out of the mado Cardona 20.19 acre tract of land, which 3 tracts are described below, leaving 518.42 acres of land of which 3.09 acres lie within the 1/2 width (30 feet) of Hearn's Ferry Road, 4.83 acres lie within the full width (60 feet) of Tecolote-Road and 6.97 acres lie within the 100 foot wide Missouri Pacific Railroad right-of-way. ' SAVE AND EXCEPT THE THREE FOLLOWING DESCRIBED TRACTS: - 1. BEING a one acre tract of land owned by Willie Mae Prcia out of the 7.15 acre Mary Carson Tract out of Survey 416, Abstract 838, Nueces County, Texas: BEGINNING at a point on the East boundary of Tecolote Road and on the West boundary of this tract, from which point a 1" iron pipe on the West boundary of Tecolote Road and on the West boundary of said Mary Carson Tract at the Northeast corner of a 3.18 acre tract now owned by Nueces County, bears North 87'41'West, 60.0 feet; THENCE North 2°10' East, 157.74 feet to a-1" iron pipe found for the Northwest corner of this tract; . THENCE South 84°30'20" East 179.73 feet to a 1" iron pipe found for the Northeast corner of this tract; THENCE South 5'2940" West, 249.71 feet to a 1" iron pipe found for the Southeast corner of this tract; THENCE North 86°27'10" West, 165.50 feet to the East boundary of Tecolote Road for the Southwest corner of this tract; THENCE North 2°28' East, 98.03 feet to the PLACE OF BEGINNING; ' and ' 2. A tract of land containing 1.262 acres, situated in Nueces - ,County, Texas, about 9 miles North 750 West from the County Courthouse, being designated Tract 2, out of the Amado Cardona 20 acre tract (actually 20.190 acres, bTing the West half of the former Isaiah Clayton 40 acre tract). Said Tract 2 is a part of Survey No. 421, made for F. W. Shaeffer by virtue of Land Scrip No. 1/1047, issued to Beatty, Seale and Forwood,' and patented to F. W. Shaeffer, Patent No. 217, Volume 35, Abstract No. 572, and embhces a strip of land 49.06 feet wide, being the West 1.262 acres of the East half of said Cardona 20 acre tract and being more particularly described by metes and bounds, as surveyed, as follows: BEGINNING at a 1 inch iron pipe set flush with the ground in the North boundary line of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and South boundary line of the Northeast portion of a tract known as the McCampbell and Shaeffer 356 acre tract, the Northeast corner of a 10.095 acre tract designated Tract 1, being the West half of said Cardona 20 acre tract, for the Northwest corner of this tract, whence an old ebony post, the Northwest corner of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and a corner of said McCampbell and Shaeffer tract, bears South 89°56'20" West 405.99 feet; THENCE North 89°5620" East, with said North boundary line of Cardona 20 acre tract and of Isaiah Clayton 40 acre tract and South boundary line of Northeast portion of McCampbell and Shaeffer tract, 49.06 feet to a 1 inch iron pipe, set flush with the ground, the Northwest corner of a 1.262 acre strip of land, designated Tract 3, out of said Cardona 20 acre tract, for the. Northeast corner of this tract, whence a concrete monument, 4 inches square and 30 inches long, 'flush' with the ground, the Northeast corner of said Cardona 20 acre tract and Northwest corner of the former William Singer 20 acre tract (now in the name of Conrad M. Blucher), bears North 89°56'20" East 332.77 feet; THENCE South 002400" East, with the West boundary line of said Tract 3, being parallel with and 332.76 feet Westerly, measured at right angles, from the East boundary line of said Cardona 20 acre tract, and west boundary line of said former Singer 20 acre tract, 1,125.04 feet to a 1 inch iron pipe, set flush with the ground in the South boundary line of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and North boundary line of an '8 acre tract formerly owned by Maria Thompson (now in the name of Conrad.M. Blucher), the Southwest corner of said Tract 3, for the Southeast corner of this tract, whence a concrete monument, 4 inches square and 30 inches long, flush with the ground, the Southeast corner of said Cardona 20 acre tract and Southwest corner of said former Singer 20 acre tract, bears South 7902550" East 338.96 feet; THENCE North 79°25'50" West, with said South boundary line of Cardona 20 acre tract and of Isaiah Clayton 40 acre tract and North boundary line of former Maria Thompson 8 acre tract 49.97 feet to a 1 inch iron pipe set flush with the ground, the Southeast corner of said Tract 1, for the Southwest corner of this tract, whence a concrete monument, 4 inches square and 30 inches long, flush with the ground, in the East boundary line of the Southwest portion of said McCampbell and Shaeffer 356 acre tract, the Southwest corner of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and Northwest corner of said former Maria Thompson 8 acre tract, bears North 79°25'50" West 420.02 feet; • THENCE North 0°24'00" West, with the East boundary line of said Tract 1being parallel with and 381.82 feet Westerly, measured at right angles, from said East boundary line of Cardona 20 acre tract and West boundary line of former Singer 20 acre tract, 1,115.82 feet to the PLACE OF BEGINNING; and 3. A tract of land containing 1.262 acres, situated in Nueces County, Texas, about 9 miles North 750 West from the County Courthouse, being designated Tract 7 out of the Amado Cardona 29 acre tract (actually 20.190 acres, being the West half of the former Isaiah Clayton 40 acre tract); said Tract 7 is a part of Survey No. 421, made for F. W. Shaeffer by virtue of Land Scrip No. 1/1047, issued to Beatty, Seale and For3.7ood, and patented to F. W. Shaeffer, Patent No. 217, Volume 35, Abstract No. 572, and embraces a strip of land 47.16 feet wide, being the West 1.262 acres of theEast 3.786 acres of said Cardona 20 acre tract and being more particularly described by metes and bounds, as surveyed, as follows: BEGINNING at a 1 inch iron pipe set flush with the ground in the North boundary line of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and South boundary line of the Northeast portion of a tract known as the McCampbell and Shaeffer 356 acre tract, the Northeast corner of a 1.262 acre tract designated Tract 6, out of said Cardona 20 acre tract, for the Northwest corner of this tract, whence an old ebony pOst, the Northwest corner of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and a corner of said McCampbell and Shaeffer tract, bears South 89°56'20" West 647.40 feet; THENCE North 89°5620" East, with said North boundary line of Cardona 20 acre tract and of Isaiah Clayton 40 acre tract and South boundary line of Northeast portion of McCampbell and Shaeffer tract, 47.16 feet to a 1 inch iron pipe, set flush with the ground, the Northwest corner of a 1.262 acre strip of land, designated Tract 8, out of said Cardona 20 acre tract, for the Northeast corner of this tract. whence a concrete monument, 4,inches square'and 30 inches long, flush with the ground, the Northeast corner of said Cardona 20 acre tract and Northest corner of the former William Singer 20 acre tract (now in the name of Conrad.M. Blucher), bears North 89°56'20" East 93.26 feet; THENCE South '0°24'00" East, with the West boundary line of said Tract 8, being parallel with and 93.26 feet Westerly, measured at right angles, from the East.boundary line of said Cardona 20 acre tract and West boundary line of said foimer Singer 20 acre tract, 1,170.05 feet to a 1 inch iron pipe, set flush with the ground in the South boundary line of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and North boundary line of the former McCampbell 5.1 acre tract (now in the name Of Conrad M. Blucher), the Southwest corner of said Tract 8, for the Southeast corner of this tract, whence a concrete monument, 4 inches square and 30 inches long, flush with the ground, the Southeast corner of said Cardona 20 acre tract. and Southwest corner of said former Singer 20 acre tract, bears South 79°25'50" East 95.00 feet; . THENCE North 79°25'50" West, with the South boundary line of said Cardona 20 acre tractiand of said Isaiah Clayton 40 acre tract and ?forth boundary lines, successively, of said former McCampbell 5.1 acre tract and of an 8 acre tract formerly owned by Maria Thompson (now in the name of Conrad M. Blucher), at 4769 feet, a concrete monument, 4 inches square arid 30 inches long, flush with the ground, the Northwest corner of said former McCampbell 5.1 acre tract and Northeast corner of said former Maria Thompson 8 acre tract, in all ,48.04 feet to a 1 inch iron pipe set flush with the ground, the Southeast'corner of said Tract 6, for the Southwest corner of this tract, whence a concrete monument, 4 inches square and 30 inches long, flush with the ground, in the East boundary 'line of the Southwest portion of said McCampbell and Shaeffer 356 acre tract, the Southwest corner of said Cardona 20 acre tract and of said Isaiah Clayton 40 acre tract and Northwest corner of said former Maria Thompson 8 acre tract, bears North 79°25'50" West 665.91 feet; THENCE. North 0°24'00" West, with the East boundary line of said Tract 6, being parallel with and 140.42 feet Westerly, measured at right angles, from said East boundary line of Cardona 20 acre tract and West boundary line of former Singer 20 acre tract, 1,161.18 feet to the PLACE OF BEGINNING. • Tract VI (See Page 5 Exhibit B) BEING the Blocks or Lots in Old Viola Townsite, Nueces County, Texas, or the undivided interests therein, as sho::n by a map thereof recorded in Volume 3, Page 16, Map Records of Nueces County, Texas, described as follows: (1) All of Blocks 80, 76, 64, 56, 45, and 44. (2) All of Block 79, save and except Lots 3, 4, 14 and 16 other than the interests therein described in Item (8) of this Exhibit B. (3) All of Block 78, save and except Lot 13. (4) All of Block 77, save and except Lots 3, 4, 13 and 18 other than the interests therein described in item (8) of tas Exhibit B. (5) All of Block 65, save and except Lots 9 and 10. (6) All of Block 57, save and except Lot 6 other than the interests therein described in Item (8) of this Exhibit B. (7) Lots 7, 8, 6, 3, 4, and Lots 5 and 9 Fraction South of Railroad, all of Block 37. .(8) Lot 10 of Block 36; a 3/4 undivided interest as tenant in common in Lots 3 and 4 of Block 79; aLd a 8/9 undivided interest as tenant in common in Lot 14 of Block a 1/2= undivi:!ed interest as tenant in common in Lots 3 and 4 of Blo,k 77; and a 1/36 undivided intere4 as tenant in common in Lot 18 of Block 77; a 3/9 undivided interest as tenant in common in 1.6t 6 of Block 57. Together with all right, title, and interest in and to the streets, roads and alleys adjoining the above-described premises. 5.58 acres of land, being a 2.73 -acre tract of land out of a 4.97 -acre tract leased to Humble Pipeline Company by Clara Driscoll Sevier, et al, by Lease Agreement dated April 15, 1937 recorded in Volume 230, Page 470, Deed Records of Nueces County and a 2.85 acre tract out of a 7.23 -acre tract leased to Humble Pipeline Company by Clara Driscoll Sevier, et al, by Lease Agreement dated October 31, 1940, recorded in Volume 263, Page 264, Deed Records of Nueces County, Texas: BEGINNING at a 5/8" iron rod found on the East boundary of Suntide Road on the most Northerly North boundary of a 10.67 -acre tract conveyed by Clara Driscoll Sevier to Humble Pipeline Co. by deed dated July 6, 1934, recorded in Volume 212, Page 421, Deed Records of Nueces County for the upper Southwest corner of this tract, from which corner the Northwest corner of said 10.67 -acre tract and the Southwest corner of said 4.97 -acre tract bears South 89°40'20" West, 10.00 feet; THENCE North 0°19'40" West, along the East boundary of Suntide Road, 261.18 feet to the point of curvature of a curve to the right which has a central angle of 00°26'26" and a radius of 11,549.16 feet; THENCE continuing along the East boundary of Suntide Road on said curve to the right an arc distance of 88.82 feet to a 5/8" iron rod found for the Northwest corner of this tract; . THENCE North 89°40120" East, 339.66 feet to a 5/8" iron rod found at the Northeast corner of said 2.73 -acre tract for the upper Northeast corner of this tract; THENCE South 00°19'40" East, 175.00 feet to a 5/8" iron rod foung at the Northwest corner, of said 2.85 -acre tract for an interior corner of this tract; THENCE North 89°4020" East, 350.00 feet to a 5/8" iron rod found at the Northeast corner of said 2.85 -acre tract for the lo..:er Northeast corner of this tract; THENCE South 0°19'40" East, 355.00 feet to a 5/8" iron rod found at the Southeast corner of said 2.85 -acre tract for the Southeast corner of this tract; THENCE South 89°40'20" West, 350.00 feet to a 5/8" iron rod found at the Southwest corner of said 2.85 -acre tract for the lower Southwest corner of this tract; THENCE North 00°19'40" West, 180.00 feet to a 5/8" iron rod found at the Southeast corner of said 2.73 -acre tract for an interior' corner of this tract; THENCE South 89°40'20" West, 340.00 feet to the POINT OF BEGINNING. ,41) That the foregoing ordinance was read for the first second reading on this the 5.4- day of following vote: 11 Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was read for third reading on this the 0 -day of following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was on this the day of Luther Jones Betty N. Turner Jack K. Dumphy time and passed to its , 19 c2.2, by the second time aApLpassed to its igooLi , by the ad for the third time and passed finally 19212.,/, by the following vote: Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the / day of ATTEST: Cl ecretary MAYOR THE C TY OF CORPUS CHRISTI, TEXAS A.PME°[:my OF /11, J. BRUCE AYCOCK, CITY ATTORNEY , 1982: 17046