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
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Should you you need any further information, please advise.
Very truly yours,
Enclosure
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cc: MLB, WHK, KLB, DES, JLM
Mr. Jack Miller
Ben F. McDonald, Jr.
Vice President & General ounsel
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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