Loading...
HomeMy WebLinkAbout17300 ORD - 10/13/1982AN ORDINANCE AMENDING ORDINANCE NO. 16156 BY ADDING AN ADDITIONAL 41.17 ACRE TRACT TO THE INDUSTRIAL DISTRICT AGREEMENT OF BERRY CONTRACTING COMPANY AND LONE STAR ERECTION COMPANY, INC., ALL AS SET FORTH IN THE AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL COPY WHICH IS ATTACHED HERETO AS EXHIBIT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 16156 passed and approved by the City Council on April 1, 1981, be amended to include a revised Exhibit A to the Industrial District Agreement with Berry Contracting Company and Lone Star Erection Company, Inc., by adding an additional 41.17 acre tract. SECTION 2. That Ordinance No. 16156 be amended to include an Exhibit "B" to the Industrial District Agreement which is described as a 28.73 acre tract owned by the Company. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for efficient and effective administration of City affairs by including an additional tract of land to the aforementioned Industrial District Agreement, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the / day of October, 1982. ATTEST: 40. dkiv Secretary MAYO APPROVED: 134DAY OF OCTOBER, 1982 J. BRUCE AYCOCK, CITY ATTORNEY By Assist./t • y A7Z:ga- 17300 THE CITY OF CORPUS CHRISTI, TEXAS "SEP 2 8 ""4 MICROFILMED SEP zS 11984 AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § This Amendment to the Industrial District Agreeement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation at Nueces County, Texas, and Berry Contracting Company and Lone Star Erection Company, Inc., hereinafter called "Company." The City of Corpus Christi and Company agree that the attached revision to Exhibit "A" consisting of a description and map of an approximately 41.17 acre tract owned by Company shall be included within and subject to the Company's Industrial District Agreement authorized by Ordinance No. 16156. Company warrants to the City that the use of the subject 41.17 acre tract relates directly to the primary use of the parent tract described under the original Industrial District Agreement. 11. . - The City of Corpus Christi and Company agree that the attached Exhibit "B" consisting of a description and map of an approximately 28.73 acre tract owned by Company shall be included within and subject to the Company's Industrial District Agreement authorized by Ordinance No. 16156. This agreement shall be effective as of December 31, 1981. EXECUTED THIS THE DAY OF , 1982. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By City Secretary City Manager APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY BY Assistant City Attorney APPROVED: Assistant -City Manager ATTEST: BERRY CONTRACTING COMPANY AND LONE STAR ERECTION COMPANY, INC. By Secretary President 1 P.O. BOX 4856; CORPUS CHRISTI, TEXAS 78408 BERRY CONTRACTING, INC. Legal Department September 21, 1982 Mr,.. Thomas Basile A4istant to the City Manager City of Corpus Christi P10. Box 9277 Corpus Christi, Texas 78408 Dear Mr. Basile: / In confirmation of my telephone call to you, Berry Contracting, Inc. ha1s no objection to the including in our Industrial Agreement of its approximate 41.17 acres out of the north area of the Mary Dunn Meaney 125 ace tract and being that land generally located at IH 37 and Carbon Pint Road and being adjoined to the approximate 50 acres where Berry Coptracting, Inc., et al are conducting dirt-workkoperations and which 50 acre tract is already a part of our Industrial Agreement. IIt is understood that this 41.17 acres will be included together with the land located at 401 Corn Products Road owned by Lone Star Eiction Company, Inc. and used by Bay, Inc. as an integral part of the operations of Lone Star Erection. I.- - I have already furnished you a legal description for the 401 Corn Products Road and aft -ached hereto will be found the legal description for th4e land located on IH,37 and Carbon Plant Road. You will note that the 107 - Carbon Plant property is in two sections one of which is 1.17 acres and the other is 40 acres. The 1.17 acres is used primarily as an access and constitutes the road which you mentioned to me. Incidentally, (dr records show that the correction deed on the IH 37 - Carbon Plant Road property was dated December 31, 1981. The original deed which had to be corrected was dated August 3, 1981. 1414 CORN PRODUCTS ROAD AC 512 289.2100 TELEX 778446 ,R 0rA :lc t‘j?5:41: F ). RE.1i* Rs CEl AV TE ". • 9 Should you you need any further information, please advise. Very truly yours, Enclosure /db cc: MLB, WHK, KLB, DES, JLM Mr. Jack Miller Ben F. McDonald, Jr. Vice President & General ounsel rt E.XHISTriel 5.4PPLE016:07- TRACT ONE 1.17 acres of land out of the North remaining acreage of the Mary Dunn Meaney 125 acre tract described in that certain quitclaim deed from Helen Dunn, Katie Dunn and Alice Dunn to Mary Dunn Meaney, dated October 22, 1941, recorded in Volume 274, Page 369, Deed Records of Nueces County, Texas, out of Arthur E. Spohn Survey No. 420, State Abstract No. 857 and Survey No. 422, State Abstract No. 850, Nueces County, Texas: BEGINNING at a point on the North right-of-way of Inter- state Highway 37 for the Southeast corner of this tract from which corner a concrete right-of-way marker found bears South 58° 46 50" East, at 500.00 feet pass the point of intersection of said right-of-way with the East line of the. aforementioned Mary Dunn Meaney 125 acre tract, in all a distance of 501.00 feet; THENCE North 58' 46' 50" West, along said right-of-way, 60.87 feet for the Southwest corner of this tract; THENCE North 21° 32' 23" East, leaving said right-of-way, 846.73 feet for the Northwest corner of this tract; THENCE South 65° 50' 35" East 60.06 feet for the North- east corner of this tract; THENCE South 21° 32' 23" West 854.22 feet for the POINT OF BEGINNING. TRACT TWO 40.00 acres of land out of the North remaining acreage of the Mary Dunn Meaney 125 acre tract described in that certain quitclaim deed from Helen Dunn, Katie Dunn and Alice Dunn to Mary Dunn Meaney dated October 22, 1941, recorded in Volume 274, Page 369, Deed Records of Nueces County, Texas, out of Arthur E. Spohn Survey No. 420, State Abstract No. 857 and Survey No. 422, State Abstract No. 850, Nueces County, Texas: BEGINNING at a 12" diameter post found on the East right-of-way line of Carbon Plant Road for the Northwest corner of said Mary Dunn Meaney 125 acre tract and the Northwest corner of this survey; THENCE South 89° 48' 30" East, leaving said right-of-way line, along the North boundary line of said 125 acre tract 2,674.21 feet for the Northeast corner of said 125 tract and the Northeast corner of this survey; THENCE South 09° 44' 15" West, along the East boundary line of said 125 acre tract evidenced by remains of an old fence, 1,221.49 feet for the Southeast corner of this survey; THENCE North 65° 50' 35" West, leaving said East boundary line, 2,722.68 feet to a point on the aforementioned right-of-way line for the Southwest corner of this survey; THENCE North 09° 34' 50" East, along said East right-of- way line, 100.00 feet for the POINT OF BEGINNING. 4.7,N (ION LONE STAR ERECTION CO., INC. Industrial Constructors M 0. BOX 4561 TELEPHONE/394-0672 CORPUS CHRISTI, TEXAS 78408 September 3, 1982 Mr. Thomas Basile Assistant to the City Manager City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78408 Dear Mr. Basile: I-16AVY RI RENTAL E I have been handed your letter of July 29, 1982 which was directed to our Mr. D. E. Spangler. Your letter of July 29th apparently was in answer to the letter from Mr. Spangler dated April 29, 1982 requesting that the property at 401 Corn Products Road be included as a part of our Industrial District Agreement. Because there has been some confusion in the matter, I would like to try to clarify so that the matter may be implemented. 1. The property located at 401 Corn Products Road consists of some 28.73 acres owned by Lone Star Erection Company, Inc. and presently being used by Bay, Inc. as a plant site. There is a building and various construction equipment on same. The legal description of the property is.attached to this letter. 2. Lone Star Erection Company, Inc. being the owner of the 28.73 acres and being also a signatory to the Industrial Agreement with the City of Corpus Christi dated June 17, 1981, request that such 28.73 acres and improvements thereon be included as a part of the Industrial District even though the 28.73 acres (owned by Lone Star Erection Company, Inc.) is physically situated within the corporate city limits of the City of Corpus Christi such request being on the following basis: a. The new land (28.73 acres) was acquired by Lone Star Erection Company on January 2, 1981 by Special Warranty Deed and thus was acquired after January 1, 1981 and is located within the city limits and thus meets the date requirements of Paragraph III(e) of the Industrial Agreement as to such dates. b. The subject land, being the 28.73 acres located at 401 Corn Products Road is an integral part of the primary operation of Lone Star Erection Company, Inc. in that Lone Star Erection Company, Inc. owns all of the equipment, improvements, re- sources, and machinery stored and used at 401 Corn Products Road and same is used in close coordination and in support of the needs and uses of Lone Star Erection Company, Inc. and by personnel located at both 401 Corn Products Road and at Lone Star Erection Company, Inc.'s principal office of 1414 Corn Evaarr NT Page Two Mr. Thomas Basile City of Corpus Christi September 3, 1982 Products Road. Thus there exists a very close and integral primary operation between Lone Star Erection Company, Inc. at 1414 Corn Products Road and being a part of the primary Indus- trial Agreement and the operation at Lone Star Erection Company's facility at 401 Corn Products Road where Lone Star equipment is used jointly by itself and Bay, Inc. and same provides an outlet for its products. c. The facility at 401 Corn Products Road was completed and placed into operation on approximately November 1, 1981. Hence, we request that the property at 401 Corn Products Road be a part of our Industrial Agreement for the year 1981 and the year 1982 and subsequent years. d. Lone Star Erection Company, Inc. could not and cannot function without the facilities located at 401 Corn Products Road being the 28.73 acres and the subject of this request. 3. Berry Contracting, Inc. has no ownership in the property at 401 Corn Products Road and previous letters to you indicating that Berry Contracting, Inc. had such interest were in error since it all belongs to Lone Star Erection Company, Inc. a joint signatory to the said Industrial_District. It is respectfully requested that pursuant to Paragraph III of the Industrial District Agreement that property at 401 Corn Products Road be added as a revised Exhibit B to "Corpus Christi Industrial Agreement No. 7" being the designated district as set out in that certain Industrial District Agreement between Lone Star Erection Co., Inc. et al and the City of Corpus Christi dated June 17, 1981. For purposes of convenience, I am attaching a new and revised Exhibit B which will be attached to such agreement provided it be ap- proved by the City Attorney and the City Manager and if necessary by the City Council. It may be that you have a specific form for adding Exhibits to the Industrial Agreement and if so, we will be glad to use them. If there is any further information, please advise. Very truly yours, 72aer_,C Ben F. McDonald, Jr. Vice President & Gene&t Counsel enclosure /db EXHIBIT "B" NEW AND/OR EXHIBIT "8" TO INDUSTRIAL DISTRICT AGREEMENT DATED JUNE 17, 1981 WHEREAS on June 17, 1981, Berry Contracting, Inc., Lone Star Erection Company, Inc. and Marvin L. Berry executed with the City of Corpus Christi a certain agreement for the establishment of "Corpus Christi Industrial District No. 7" being land, facilities, improvements and properties owned by Lone Star Erection Company, Inc. and other signatories thereto and WHEREAS Lone Star Erection Company, Inc. desires to incorporate pursuant to Paragraph III and other pertinent paragraphs of said Agree- ment the following described property: METES AND BOUNDS DESCRIPTION OF 27.73 ACRE TRACT OUT OF PARCEL "D" OF THE WEIL LANDS, CORPUS CHRISTI, NUECES COUNTY, TEXAS. Being a tract of land situated in Corpus Christi, Nueces county, Texas, West of Corn Products Road and North of the Texas Mexican Railway, containing 28.73 acres, more or less, out of Parcel "D" of the Weil Lands, as de- scribed in partition deed of record in Volume 976, Page 420 of the Deed Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows, to -wit: Beginning at a 3/4 inch iron rod found in the center line of Corn Products Road at the NE corner of said Parcel "D", also being the SE corner of Parcel "C", whence a 1 inch iron pipe found in the northerly boundary line of the right-of-way of said Texas Mexican Railway bears S 00°-06' E a distance of 2717.5 feet, for the NE corner of this tract and the point of beginning; THENCE S 00°-06' E, along the center line of said Corn Products Road and along the easterly boundary line of said Parcel "D", a distance of 1205.97 feet to a point for the SE corner of this tract; THENCE S 89°-16' W, at 30.0 feet pass the westerly boundary line of the right-of-way of said Corn Products Road, in all a distance of 1033.06 feet to a point for the SW corner of this tract; THENCE N 00°-06' W, 1033.0 feet from and parallel to the easterly boundary line of said Parcel "D", a distance of 1217.39 feet to a point in the common boundary line between said Parcel "D" and Parcel "C", for the NW corner of this tract; THENCE N 89°-54' E, along the common boundary line between said Parcel "D" and Parcel "C", at 1003.0 feet pass the westerly boundary line of the right-of-way of said Corn Products Road, in all a distance of 1033.0 feet to the point of beginning, and containing 28.73 acres of land, more or less, of which 0.83 acre lies within the boundaries of said Corn Products Road, leaving a net acreage of 27.90. and WHEREAS Lone Star Erection Company, Inc. in its application to the City for amendment has shown that it is within the terms and conditions of the said Industrial Agreement for adding additional properties thereto even though such properties be physically located within the corporate limits of the City of Corpus Christi; NOW THEREFORE it is agreed by and between Lone Star Erection Company, Inc. and the City of Corpus Christi that the above described property shall be included as a part of the Industrial District Agreement in existence between the parties and shall be so taxed, handled and assessed for the taxable year 1981, 1982 and subsequent years thereto during the term of said Industrial District Agreement and so long as same remains in full force and effect. 1982 WITNESS the hands of the parties this,"/Ld"'day of - ATTEST: LONE STAR ERECTION COMPANY, INC. Secret'y By: Q-17) olf M. L. Berry, Presi ent CITY OF CORPUS CHRISTI By: Its Duly Authorized Officer , `I Corpus Christi, Texas day of ePer..2.-i4,44— , 1982 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; 1/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,. Council Members Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the following vote: Luther Jones BettyBetty N. Turner Jack - Jack K. Dumphy 6/1/c Bob Gulley ayL/ Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 17300