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HomeMy WebLinkAbout020447 ORD - 09/06/1988AN ORDINANCE AUTHORIZING THE EXECUTION OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CORPUS CHRISTI PETROCHEMICAL COMPANY; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute an Industrial District Agreement with Corpus Christi Petrochemical Company, 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 A. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 206RP165.ord 20447MICROFILMED INDUSTRIAL DISTRICT AGREEMENT (SHORT FORM NO. 1) THE STATE OF TEXAS X COUNTY OF NUECES X This Industrial District Agreement is entered into by and between the City of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas, hereinafter called "City", and Corpus Christi Petro- chemical Company, a Texas general partnership (Landowner and Improve- ment owner) hereinafter collectively called "Company". This agreement hereby incorporates by reference the provisions of the Industrial District Agreement for Corpus Christi Industrial District No. 18 (MASTER FORM No. 1), recorded, beginning at Volume 1908, Page 180, in the Nueces County Deed Records, as follows: 1. All of the provisions of the "Witnesseth" section of said agreement on the first and second pages of said agreement, except that "Corpus Christi Industrial District No. 5" shall be substituted for "Corpus Christ Industrial District No. 18 2. Article I through XIV - with the following exceptions: Article XII shall further state that "For purposes of this article, landowners deemed to be engaged in a similar industry shall be those classified in Major Group 28 (Chemi- cal and Allied Products) and 29 (Petroleum Refining and Related Industries)". Article II - the term of the Agreement shall be effective on the first day of January, 1988, and shall continue until December 31, 1990. 3. The attached Exhibit "A" is substituted in place of the Exhibits attached to the Industrial District Agreement for Corpus Christi Industrial District No. 18. A copy of the master form for Industrial District Agreement referred to above is received by the Company on or before the time of execution of this agreement. Executed this 1st day of August , 19 88 ATTEST: B y : ,704.t C 24 l 4ce NOTARY PUBLIC Name: Lori Ann Shaklee Corpus Christi Industrial District No. 5 Agreement - Page 1 of 3 Corpus Christi Petrochemical Company By: (Company) LANDOWNER Name: James E. Dahse Title: Assistant Secretary Address 2000 Post Oak Blvd. Suite 2010 Houston, Texas 77056 EX 1118/r "A'' ATTEST: By: Corpus Christi Petrochemical Company � y (Company) IMPROVEMENTS OWNER dvlic &�n ,4' r GLC B y : NOTARY PUBLIC Name a,,, Lori Ann Shaklee ATTEST: Name: James E. Dahse Title: Assistant Secretary Address: 2000 Post Oak Blvd. Suite 2010 Houston, Texas 77056 CITY OF CORPUS CHRISTI, TEXAS By: Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: Day of , 1988 al George, ity ttorney By: : Trr-Cit• Attorney LANDOWNER ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1988, by (title), on behalf of (Landowner). Name: Notary Public, State of Texas My Commission expires Corpus Christi Industrial District No. 5 Agreement - Page 2 of 3 IMPROVEMENTS OWNER ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 1988, by (title), on behalf of (Improvements Owner). Name: Notary Public, State of Texas My Commission expires CITY OF CORPUS CHRISTI'S ACKNOWLEDGMENT THE STATE OF TEXAS X COUNTY OF NUECES X This instrument was acknowledged before me on , 1988, by Juan Garza, as City Manager of the City of Corpus Christi, Texas. Notary Public, State of Texas My Commission Expires Corpus Christi Industrial District No. 5 Agreement - Page 3 of 3 EXHIBIT "A" TRACT 1 Being a tract of land situated in Nueces County, Texas out of Sur- veys 582 and 583, patented to W.S. McGregor. Abstracts 1000 and 1001 and also being out of a 1783.33 acre tract known as•the ori- ginal W.S. McGregor 1783.33 acre tract, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the Nueces County Navigation District's south bulkhead line in the Viola Turning Basin. as described in that mutual deed dated June 8, 1959 between the Nueces County Navigation District No. 1 and Kathleen Jones Alexander, et al, and being re- corded in counter -parts in Volume 868, Pages 571 and 604 and Volume 869, Page 34 of the Deed Records of Nue- ces County. Texas, for the northwest corner of this tract, said point being in the west line of the 1783.33 acre tract, from whence the northwest corner of the 1783.33 acre tract bears N 0° 41' 04.5" W at approxi- mately 1598.32 feet; THENCE along the Nueces County Navigation District's south bulkhead line of the Viola Turning Basin and channel as follows: S 76° 59' 04.5" E a distance of 1624.69 feet to a point; S 71° 00' 54" E a distance of 732.14 feet to a point for the northeast corner of this tract. said point being the northwest cor- ner of a 14.99991 acre tract; THENCE S 35° 17' 29" W along the common boundary with the 14.99991 acre tract a distance of 1049.70 feet to a point in the north line of a 120 foot wide tract reserved for a road right-of-way for the southeast corner of this tract and the southwest corner of the 14.99991 acre tract, said point being 120 feet measured at a right angle, from the north right-of-way line of the Missouri Pacific Railroad; THENCE N 54° 42' 31" W along the north line of said right-of-way tract. 120 feet from and parallel to the north right-of-way line of said Missouri Pacific Rail- road, a distance of 895.39 feet to a point for an in- terior corner of this tract; THENCE N 74° 56' 00" W along the north right-of-way line of the road reservation tract. a distance of 404.97 feet to a point for another interior corner of this tract; THENCE continuing along the right-of-way line of the road reservation tract. 120 feet from and parallel to the north right-of-way line of said Missouri Pacific Railroad, N 54° 42' 31" W a distance of 443.93 feet to a point of curve, of a curve to the left; THENCE along said curve to the left. whose radius is 5899.58 feet, 120 feet from and parallel to the north right-of-way line of the Missouri Pacific Railroad, a distance of 216.63 feet to a point in the west line of the W.S. McGregor 1783.33 acre tract for the southwest corner of this tract, said point lying in the east line ., of a roadway easement granted to Nueces County by the Nueces County Navigation District No. 1 according to the instrument recorded in .Volume 1638 at Page 313 of the Deed Records of Nueces County; THENCE N 0° 41' 04.5" W along the west line of said 1783.33 acre tract and said roadway easement, at 24.78 feet pass the northeast corner of said roadway easement and in all a distance of 459.97 feet to the Point of Beginning forming a tract of land embracing 36.26043 acres. TOGETHER with the nonexclusive right-of-way easement and other rights set forth in the deed from Dr. McIver Furman, et al, to Corpus Christi Petrochemical Company dated March 10, 1978 recorded in Volume 1655, Pages 754 through 923 of the Deed Records of Nueces Conty, Texas. PERMIT= ENCUMBRANCES 1. Terms, conditions and stipulations of mineral lease from Frances H. Whitaker, Trustee, et al, to Canus Petroleum, Inc., dated November 7, 1979, recorders in Volume 325, Page 985 thru 1025 et seq., and Volume 326, Paces 1 thru 91, Oil and Gas Records of Nueces County, Texas, and amended on November 7, 1978 in Volume 327, Page 302, Oil and (,as Records of Nueces County, Texas, together with all subsequent instnments there-. under. 2. A11 mineral and/or royalty interest, the royalties, bonuses, rentals and other rights in connection with said mineral and/or royalty riahts, bonuses and rentals described in Deeds from Dr. McIver Human, et al, to Corpus Christi Petrochemical Company, a Texas reneral Partnership, dated March 10, 1979, and containing. provisions waiving right of inaress and egress to surface, as recorded in counterparts under County C'lerk's File Nos. 95445 thru 95453, Ped Records of Nueces Canty, Texas, reference to which instruments is here made for all purposes. 3. Pipeline easement aranted by W. Preston Pittman, Independent Executor and Trustee, et al, to Products Pipe Line Company, by instrument dated September 30, 1957, ' reorder in Volume 793, Page 474 of the Deed Records of Nueces County, Texas, and refiled in Volume 795, Paae 543, Deed Records, Nueces County, Texas. • 4. Pipeline easement aranted by W. Preston Pittman, Independent Escecutor and Trustee,, et al, to Products Pipe Line Company, by instrument crated Anril 10, 1957, recorded in Volume 784, Page 358 of the Deed Records of Nueces County, Texas. 5. Terms, conditions, stipulations and easements of Mutual Deed dated June 9, 1959, between Nueces County Navigation District NO. 1 and Kathleen Jones Alexander, et al, as recorded in counterparts in Volume R69, Paaes 571 and 605, and Volume 969, Pages 1 and 34, Deed Records, Nueces County, Texas, and amended by instrument styled Releases and Grants of Easements for Mooring Structure and Side Slope Dredging, dated March 10, 1978, between Nueces County Navigation District Nb. 1 and Kathleen Jones Alexander, et al, as recorded in counterparts under County Clerk's File Nos. 94110 through 94118, Deed Records, Nueces County, 'nexas. 6. Easement and Ooeratina Aareenent dated July 1, 1979, recorded in Volume 1899, Pape 469, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical (km>oany to Air Products and Chemicals, Inc. 35HRr)SP Pape 2 of a 2 Page Exhibit "A" EXHIBIT "B" TRACT 2 Being a tract of land situated in Nueces County, Texas out of.Surveys 582 and 583, patented to W.S. McGregor, Abstracts 1000 and 1001 and also being out of a 1783.33 acre tract known as the Original W.S. McGregor 1783.33 acre tract, and being more particularly described by metes and bounds as follows: Commencing at a point in the Nueces County Navigbtion District's south bulkhead line in the Viola Turning Basin, es described in that Mutual Deed dated June 8. 1959 between the Nueces County Navigation District No. 1 and Kathleen Jones Alexander, et al, and being recorded in counter -parts in Volume 868, Pages 571 and 604 and Volume 869, Page 34 of the Deed Records of Nueces County, Texas, said point being the northwest corner of a 36.26043 acre tract conveyed to Champlin Petroleum Company by the Driscoll Foundation et al as recorded by deed in Nueces County Clerk File Nos. 95445 thru 95453, said point also being in the west line of the 1783.33 acre tract, from whence the northwest corner of the 1783.33 acre tract bears N 0' 41' 04.5" W "at approximately 1598.32 feet; THENCE along the Nueces County Navigation District's. south bulkhead line of the Viola Turning Basin and Channel and the North line of said 36.26043 acre tract as follows:• S 76° 59' 04.5" E a distance of 1624.69 feet to a point. S 71° 00' 54" E a distance of 732.14 feet to a point for the northwest corner of this tract and the point of beginning, said point being the most easterly corner of said 36.26043 acre tract and described by coordinates on the State Of Texas. Lambert Grid Projection (South Zone) of X.■ 2,319,030.92. T • 791,304.53 THENCE S 35° 17' 29" W along the southeast line of said 36.26043 acre tract, a distance of 1049.70 feet, to a point in the north line of a 120 foot wide tract reserved for a road right-of-way for the southwest corner of this tract, said point being 120 feet mea- sured at a right angle, from the north right-of-way line of the Missouri Pacific Railroad;. THENCE S 54' 42' 31" E along the north line of said right-of-way tract, 120 feet from And parallel to the north right-of-way line of said Missouri Pacific Rail- road, a distance of 608.97 feet to a point for the southeast corner of this tract; THENCE N 35° 17' 29" E a distance of 1096.21 feet to a point for the northeast corner of this tract, said point lying in the Nueces County Navigation District's south bulkhead line; . THENCE N 59° 04' 33" N along said Nueces County Nav- ',igation District south bulkhead line. a distance of 610.74 feet to the point of beginning forming a tract of land embracing 14.99991 acres. TTXFTl0R with a nonexclusive right-of-way easement and other rights in, the deed from Dr. McIver Firman, et al, to Fl Paso Products Company dated April 5, 1979 recorded in Vblume 1694, Pages 510 through 622 of the need Records of Nueces County, Texas, as assigned on August 29, 1986 by instrument recorded in Volume 2026, Page 996 of the Deed Records of Nueces County, Texas from Fl Paso Products Cfnpany to Corpus Christi Petrochemical Company. PFR" LTJi1) FN" t BRANM5 1. Terms, conditions and stipulations of mineral lease from Frances H. Whitaker, Trustee, et al, to Lanus Petroleum, Inc., dated Tbvenber 7, 1978, recorded in Volume 325, Page 995 thru 1025 et seq., and Volume 326, Pages 1 thru 91, Oil and Gas Records of Nueces C unty, Texas, and amended on Tbvenbe'r 7, 1979 .in Vblume 327, Page 302, Oil and Gas Records of Nueces cbunty, Texas, together with all subsequent instruments there- under. 2. A11 mineral and/or royalty interest, the royalties, bonuses, rentals and all other rights in connection with said mineral and/or royalty rights, bonuses and rentals described in instrument from Dr. McIver Furman, et al, to F1 Paso Products Company, muted April 5, 1979, and containing provisions waiving right of ingress and egress to surface as recorded in counterparts in Vblume 1694, Pages 510 thru 622 of the Deed Records of Nueces County, Texas, reference to which instrument is here male for all Purposes. 3. Right-of-way easement granted by F1 Paso Products Company to Central Tower and Light Company, by instrument dated June 26, 1979, recorded in Volume 1709, Page 799 of the Deed Records of Nueces County, Texas. 4. Terms, conditions and stipulations of "Industrial District Agreement", dated May 11, 1984 by and between the City of Corpus Christi and F1 Paso Products may, recorded in Volume 1981, Page 88 of the Deed Records of Nueces County, Texas, which inooroorates by reference Vblume 1908, Page 180 of the Deed Records of Nueces Cbunty, Texas. 35HRDS') Page 2 of a 2 Page Fxhibit "B" ,• EXHIBIT "C" TRACT 3 Being a tract situated In Nueces County, Texas, portions of Survey 408, Abstract 852, Survey 412, Abstract 854 and a portion of lot 1, Cushman E Petrus Subdivision, and being more particularly. described by metes and bounds as follows: BEGINNING at a five-eighths inch (5/8") iron rod, twelve Inches (12") deep, the northwest corner of the 1211.58 acre tract described in the Warranty Deed from Champlin Petroleum Company to Corpus Christi Petrochemical'Com- pony, recorded in Volume 439 at Page 1322 of the Deed Re- cords of Nueces County, Texas, whence a one inch iron pipe found by a fence corner post at the northeast cor- ner of a 131,57 acre tract .conveyed to Stephan Swetlick by Clara M. Berthelsen and husband by deed recorded In Volume 213. Page 66 of the. Deed Records of Nueces County, Texas. bears N 00' 37' 50".W 9.2 feet; THENCE S 89° 57' 20" E. with the south boundary of a tract conveyed to June Yates by Simon Grossman, et al, by deed recorded in Volume 521, Page 199 of the Deed Records of Nue- ces County, Texas; at 1602.10 feet, set a 16 penny nail in a 10 inch diameter creosoted post 8" up at the southeast cor- ner of said June Yates tract and the southwest corner of the Artemus R. Roberts Subdivision, at 5278.02 pass a 1/2 Inch iron rod found on line 1n all a distance of 5292.09 feet to a 5/8 inch iron rod set at the northeast corner of Survey 412, Abstract 854 for the northeast corner of this tract; THENCE S 00° 03' 55" W, with the common boundary between Survey 412 and Survey 411, 304.21 feet to a 5/8 inch iron rod previously set for the northwest corner of Survey 409, Abstract 556 and the southwest corner of said Survey 411, for a corner of this tract; THENCE S 00° 01' 30" E with the common boundary of said Sur- vey 412 and Survey 409, at 2640.20 feet pass a 4" x 4" con- crete monument found flush with the ground on line, in all a distance of 5277.68 feet to an 8" cedar post about 30" high found at the southwest corner of said Survey 409 and the north- west corner of Survey 410,. Abstract 853 for a corner of this tract; THENCE S 00° 16' 45" E. with the common boundary of said Survey 408 and said Survey 410, 5230.80 feet to a 5/8 inch iron rod In an old post in concrete on the north right-of-way line of the Texas -Mexican Railroad for the southeast corner of this tract; THENCE with said north right-of-way, 50 feet from and paral- lel to the centerline of the tracks, S 89' 23' 00" W. 782.73 feet to a jog to said right-of-way; THENCE S 00° 37' 00" E. 18.42 feet for a corner; THENCE.S 89° 23' 00" W with said north right-of-way. 31.58 feet from and parallel to the centerline of the tracks, 1147.50 feet to a jog in said right-of-way; Page 1 of a 7 PageEchibit "C" THENCE N 00. 37' 00" W 16.09 feet for a corner; THENCE S 89° 23' 00" W with said north right-of-way, 47.67 feet from and parallel to the centerline of the tracks, 305.0 feet to 'a 5/8 inch iron rod set on the common boundary of Lot 1 of the Cushman & Petrus Subdivision and the most easterly west boundary of said Survey 408: for the most southerly south- west corner of this tract; THENCE N 00. 03' 50" W. with last above mentioned common boundary 1410.58 feet to a 3/4 inch square iron bar found 12" deep at the northeast corner of said Lot 1, Cushman & Petrus Subdivision for an interior corner of.sald Survey 408 and an interior corner of this tract; THENCE N 89° 48' 40" W. with the'north boundary of said Lot 1, Cushman & Petrus Subdivision and the upper south boundary of said Survey 408 a distance of 951.94 feet to a point for an interior corner, said corner being the northeast corner of the 19.2414 acre tract conveyed to Corpus Christi Petro- chemical Company by James Burkhardt and wife, Janet Majnke Burkhardt and Fred Burkhardt, Jr., a single man, in the Ex- change Warranty Deed recorded in Volume 1825 at Page 32 of the Deed Records of Nueces County, Texas; THENCE S 0° 04' 43" E along the east line of said 19.2414 acre tract, at 1381.83 feet pass the north right-of-way line of a 40 foot wide roadway as shown on the map of the Cushman & Petrus Subdivision and in all a distance of 1421.83 feet to a point in the south right-of-way line of said roadway and the north right-of-way line of the Texas -Mexican Rail- road right-of-way for a corner of this tract; THENCE S 89° 22' 00" W along the said north right-of-way line of the Texas -Mexican Railroad a distance of 757.57 feet to a point for a corner of this tract; THENCE N 33. 59' 46" E across the heretofore described 40 foot wide road right-of-way, a distance of 48.61 feet to a point in the north right-of-way line of said road, said point being the southeast corner of a 1.809 acre drainage ditch maintenance easement described in Volume 1490 at Page 980 of the Deed Records of Nueces County, Texas; THENCE continuing the east boundary of said Maintenance Easement as follows: N 33° 59' 46" E a distance of 68.52 feet to a point; N 30° 32' 16" E a distance of 67.86 feet to a point; N 21' 57' 44" E a distance of 106.24 feet to a point; N 11. 33' 14" E a distance of 369.32 feet to a point the northeast corner of said Maintenance Easement foranin- terior corner of this tract; THENCE 5 89° 22' 00" W along the north line of said Mainten- ance Easement a distance of 89.55 feet to a point for the most northerly southwest corner of this tract, said point being on the centerline of Oso Creek; Page 2 of a 7 Page Exhibit "C" THENCE along the centerline of Oso Creek as follows: N 11. 48' 52" E a distance of 563.85 feet to a point; N 9' 31' 49" W a distance of 268.92 feet to a point in the north line of Lot 1. Cushman 3 Petrus Subdivision and the most northerly south line of the heretofore referenced 1211.58 acre tract for a corner of this tract, said point be- ing the northwest corner of the aforementioned 19.2414 acre tract, said point being the southeast corner of an 18.5583 acre tract, a part of the 1211.58 acre tract. conveyed to James Burkhardt and wife, Janet Mainke Burkhardt and. Fred Burkhardt, Jr., a single man, by Corpus Christi Petrochemical Company as described in the Exchange Warranty Deed recorded in Volume 1825 at Page 37 of the Deed Records of Nueces Coun- ty, Texas; THENCE N 9' 46' 38" W. continuing along the said centerline of Oso Creek a distance of 555.77 feet to a point the north- east corner of the 18.5583 acre tract and an interior corner of this tract; THENCE N 89° 48' 40" W along the north line of said 18.5583 acre tract a distance of 1430.32 feet to a point in the west line of Survey 408 and the 1211.58 acre. tract for the most westerly southwest corner of this tract, whence a one inch iron pipe found at the most northerly southwest corner of Sur- vey 408 which is also the southeast corner of Lot 19 of the W.B. Baker Subdivision of the Cody Partition and the most west- erly southwest corner of the 1211.58 acre tract bears S 0' 08' 20" E at 547.39 feet; THENCE N 00. 08' 20" W, with the common boundary of said Survey 408 and N.B. Baker Subdivision of the Cody Parti- tion, at 1103.42 feet an old post 6" deep bears W 0.70 feet, at 4404.41 pass a one inch iron pipe found at the northeast corner of Lot 17 and the southeast corner of Lot 16 of said W.B. Baker Subdivision of the Cody Parti- tion, in all a distance of 6054.05 feet to a one inch iron pipe found at the northeast corner of said Lot 16, W.B. Baker Subdivision of the Cody Partition for the lower south- east corner of the south part of Survey 414, Abstract 953 and a corner of this tract; THENCE N 00° 37' 50" W, at 628.80 pass a one inch iron pipe found, in all a distance of 2821.28 feet to the Point of Beginning forming a tract embracing a total of 1212.2889 acres, 0.6831 acres of which lie within a 40 foot wide road- way along the south line of the 19.2414 acre Burkhardt tract leaving a net acreage of 1211.6058. Page 3 ofa 7 Page Fkhibit "C" PERMITTED IITTED ENCUIBRANCFS 1. Reservation of all oil, gas and other minerals by grantors in Warranty Deed from Ennis Joslin and wife,. Virginia C. Joslin to Champlin Petroleum Company, dated December 15, 1976, recorded in Volume 1589, Page 359, Deed Records of Nueces County, Texas; As corrected by Warranty Deed from Ennis Joslin and wife, Virginia C. Joslin to Corpus Christi Petrochemical pa Comny, recorded in Volume 1642, Page 322, Deed Records of Nueces County, Texas; and as corrected and amended by Warranty Deed and Agree- ment executed by Ennis Joslin and wife, Virginia C. Joslin, to and with Corpus Christi Petrochemical Company, et al., dated 'June 12, 1978, recorded in counterparts in Volume 1674, Pages 391, 410, and 431, respec- tively, Deed Records of Nueces County, Texas, reference to which instru- ments is here made for all purposes. 2. An undivided one-half interest in all of the oil, gas and other minerals in and under and that may be produced from the North 200 acres as conveyed by Charles Land to R. W. Norton in Deed dated October 7, 1921, recorded in Volume 3, Page 332,. Oil and Gas Records of Nueces County, Texas, as amended by the Special Warranty Deed dated November 22, 1977, recorded in Volume 1633, Page 1003, Deed Records of Nueces County, Texas, as amended by Special Warranty Deed dated June 17, 1978, recorded in Volume 1674, Page 384, Deed Records, Nueces County, from the Commercial National Bank of Shreveport, Louisiana, Trustee of the R. W. Norton Art Foundation, et al., as Grantor, to Corpus Christi Petrochemical Company, as Grantee, reference to which instruments is here made for all purposes. 3. Oil, Gas and Mineral Lease from Ennis S. Joslin to Guy I. Warren, dated February 6, 1975, recorded in Volume 305, Page 61, Oil and Gas Records, Nueces County, Texas; as amended by instrument dated May 14, 1976, recorded in Volume 310, Page 173, Oil and Gas Records of Nyeoes County, Texas, as clarified by Affidavit dated August 29, 1977, recorded in Volume 317; Page 866, Oil and Gas Records of Nueces County, Texas, together with all subsequent instruments thereunder. 4. Terms, conditions, provisions relating to Waiver of Rights of Ingress or Egress to the surface contained in Warranty Deed executed by Ennis Joslin and wife, Virginia C. Joslin to Champlin Petroleum Company, dated Decem- ber 15, 1976, recorded in Volume 1589, Page 359, Deed Records, Nueces County, Texas, and in Correction Warranty Deed executed by Ennis Joslin and wife, Virginia C. Joslin to and with Corpus Christi Petrochemical Company, filed March 6, 1978 in Volume 1642, Page 322, Deed Records, Nueces County, Texas, and in Correction Warranty Deed and Agreement executed by Ennis Joslin and wife, Virginia C. Joslin to and with Corpus Christi Petrochemical Company, dated June 12, 1978, recorded in counter- parts ounterparts in Volume 1674, Pages 391, 410, and 431, respectively, Deed Records, Metes county, Teras, and Release of Drill Site Rights dated April 8, 1982, recorded in Volume 1825, Page 41, Deed Records, Nueces County, Texas, from Ennis Joslin and wife, Virginia C. Joslin Corpus Christi Petrochemical Company, together with all subsequent instruments thereunder. 5. Pipeline Right -of -Way and Easement Deed dated July 6, 1933, recorded in Volume 208, Page 165, Deed Records of Nueces County, Texas, from William Heuermann and wife, Lola Heuermann, and W. L. Dinn and wife, Alice R. Dinn, to Southern Pipe Line Corporation, as amended by instrument dated July 24, 1978 recorded in Volume 1663, Page 350, Deed Records, Nueces County, Texas, between P.P.G. Industries, Inc. and Corpus Christi Petro- chemical Company. 6. Pipeline Right -of -Way and Easement Date dated October 28, 1939, recorded in Volume 253, Page 83, Deed Records of Nueces County, Texas, from William Heuermann and wife, Lola M. Heuermann, to Southern Pipe Line Corporation, as amended by Deed dated May 20, 1977, recorded in Volume 1619, Page 217, Deed Records of Nueces County, Texas, frau Sun Pipe Line Company to Corpus Christi Petrochemical Company. Page 4 of a 7 Page Exhibit "C" 7. Pipeline Right -of -Way and Easement Deed dated November 6, 1939, recorded in Volume 287, Page 1, Deed Records of Nueces County, Texas, from William Heuermann to the M -A -R Pipe Line Company, as amended by instrument dated July 17, 1978 recorded in 'Volume 1668, Page 887, and Volume 1671, Page 871, Deed Records, Nueces County, Texas, between Corpus Christi Petrochemical Company and Coastal States Petrochemical Commpany. 8. Drainage Ditch Right -of -Way and Easement Deed dated September 19, 1940, recorded in Volute 261, Page 591, Deed Records of Nueces County, Texas, from William Heuermann to the State of Texas. 9. Easement dated November 9, 1940, recorded in Volume Records, Nueces County, Texas from William Heuermann Telephone Company. 10. Pipeline Right -of -Way Deed from William Heuermann Trustee, dated October 21, 1941, recorded in Volume Records, Nueces County, Texas. . 263; Page 518, Deed to Southwestern Bell to F. C. Henderson, 286, Page 298, Deed 11. Pipeline Right -of -Way Deed frau Lola Heuermann to the City of Corpus Christi dated March 30, 1954, recorded in Volume 634, Page 280, Deed Records of Nueces County, Texas.' 12. Easement dated April 23, 1956, recorded in Volume 742, Page 41, Deed Records of Nueces County, Texas, frau Lola Heuernenn to Central Power and Light Company. 13. Pipeline Right -of -Way and Easement Deed .dated September 19, 1956, recorded in Volume 750, Page 553, Deed Records of Nueces County, Texas, from Lola Heuermann to Texas Eastern Transmission Corporation, as amended by Agreement dated May 17, 1977,. recorded in Volute 1619, Page 213, Deed Records of Nueces County, Texas, between Texas Eastern Transmission Corporation to Corpus Christi Petrochemical Company. '14. Right -of -Way Easement granted by Lola M. Heuermann to Nueces Electric Cooperative, Inc., by instrument dated August 19, 1965, recorded in Volume 1219, Page 169, Deed Records of Nueces County, Texas. 15. Pipeline Right -of -Way and Easement Deed dated March 8, 1967, recorded in Volute 1207, Page 312, Deed Records of Nueces County, Texas, from Lola M. Heuermann to Coastal States Crude Gathering Company, as amended by Easement dated September 19, 1968, recorded in Volume 1319, Page 81, Deed Records of Nueces County, Texas, frau Lola M. Heuermann to Coastal States Crude Gathering Company and Lo -Vaca Gathering Company. 16. Condemnation Proceedings No. 731-1 filed October 16, 1975, in the County Court of Law No. 1 of Nueces County, Texas, styled Loo -Vaca Gathering Carpany vs. Ennis Joslin under'which Lo -Vaca Gathering Company acquired a pipeline easement and right-of-way 30 feet in width on, over and across Survey 408, A-852, Nueces County, Texas. 17. Surface Lease Agreement dated November 13, 1978, recorded in Volume 1683, Page 714, Deed Records, Nueces County, Texas from Corpus Christi Petro- chemical Company to South Texas Pipeline Company. 18. Easement and Operating Agreement dated July 1, 1979, recorded in Volume 1898, Page 468, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical Company to .Air Products and Chemicals, Inc. 19. Easement dated July 1, 1979, recorded in Volume 1898, Page 485, Deed Records, Nueces County, Texas frau Corpus Christi Petrochemical Company to Air Products and Chemmicals,'Inc. 20. Road Easement and Operating Agreement dated July 1, 1979, recorded in Volume 1898, Page 493, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical Company to Air Products and Chemicals, Inc. Page 5 of a 7 Page Exhibit "C" 21. Easement dated October 3, 1983, recorded in Volume 1898, Page 506, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical Company to Air Products and Chemicals, Inc. 22. Right -of -Way Easement granted by El Paso Products Company to Central Power and Light Company, by instrument dated July 10, 1979, recorded in Volume 1708, Page 795, Deed Records of Metes County, Texas. 23. Easement dated July 26, 1979, recorded in Volume 1718, Page 614, Deed Records of Nueces County, Texas, from Corpus Christi, Petrochemical Company to Central Power and Light Company. 24. Easement dated July 26, 1979, recorded in Volume 1718, Page 619, Deed Records, Nueces County, Texas, from Corpus Christi Petrochemical Company to Central Power and Light Company. 25. Easement dated October 13, 1980, recorded in Volume 1764, Page 21, Deed Records, Nueces County, Texas, frau Corpus Christi Petrochemical Company to Champlin Pipeline, Inc., Imperial Pipeline, Inc. and Soltex Pipeline, Inc. 26. Easement dated March 9, 1981, recorded in Volume 1776, Page 249, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical Company to Valero Marketing Company. 27. Easement dated July 6, 1981, recorded in Volume Records, Nueces County, Texas from Corpus Christi to Central Power and Light Company. 28. Easement dated July 6, 1981, recorded in Volume Records, Nueces County, Texas from Corpus Christi to Central Power and Light Company. .29. Declaration of Industrial Solid Waste Disposal Site dated January 24, 1983, recorded in Volume 1851, Page 890, Deed Records, Metes County, Texas from Corpus Christi Petrochemical Company to Texas Department of Water Resources, as amended by instrument dated February 11, 1985, recorded in Volume 1952, Page 208, Deed Records, Nueces County, Texas, by Corpus Christi Petrochemical Company. 30. Terns, conditions and stipulations of "Industrial District Agreement", dated May 11, 1984 by and between the City of Corpus Christi and El Paso Products Company, recorded in Volume 1981, Page 88 of the Deed Records of Nueces County, Texas, which incorporated by reference Volume 1908, Page 180 of the Deed Records of Nueces county, Texas. 31. Drainage Easement and Agreement dated February 1, 1986, recorded in Volume 2007, Page 607, Deed Records, Metes County, Texas frau Corpus Christi Petrochemical Company to Annie Blake Morgan Head. 32. Grant of Drill Site Rights t Release of Site dated April 23, 1986, recorded in Counterparts in Volume 2015, Pages 258 and 266, respectively, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical Company to Ennis Joslin and wife, Virginia C. Joslin. 33. Grant of Drill Site Rights 6 Release of Site dated April 23, 1986, recorded in Counterparts in Volume 2015, Pages 274 and 282, respectively, Deed Records, Nueces County, Texas from Corpus Christi Petrochemical Company to R. W. Norton Art Foundation. 34. Unrecorded Construction and Operation Agreement dated March 10, 1978, between the Texas Mexican Railway Company and Corpus Christi Petro- chemical Company relating to the construction, maintenance and operation of a railroad spur track. 1788, Page 166, Deed Petrochemical Company 1788, Page 174, Deed Petrochemical Company Page 6 of a 7 Page Exhibit "C" 35. Term, conditions and stipulations of unrecorded Farm Lease Agreement between El Paso Products Company and Roy Smith, dated January 15, 1986, together with all subsequent instruments thereunder. 36. 1/2 of 1/8 Royalty Interest conveyed by Royalty Deed dated November 16, 1921 from Joseph Hoegerl and wife, Frances Hoegerl, recorded in Volume 3, Page 531, Oil and Gas Records, Nueces County, Texas, reference to which instrument is here made for all purposes. 37. 1/16 Royalty Interest reserved in Warranty Deed dated September 30, 1967 from Frances Hoegerl Dittlinger and others, to Fred Burkhardt, Jr. and James Burkhardt, recorded in Volume 1240, Page 508, Deed Records, Nueces County, Texas, reference to which instrument is here made for all purposes. 38. All oil, gas and minerals reserved in Warranty Deed dated June 24, 1981 from James Burkhardt, and others, to Corpus Christi Petrochemical Carpany, recorded in Volume 1825, Page 32, Deed Records, Nueces County, Texas, reference to which instrument is here made for all purposes. 39. Term, conditions and stipulations of Oil and Gas Lease dated March 17, 1982 from James Burkhardt, and others, to Hoffman Land Management, recorded in Volume 354, Page 756, Oil and Gas Records, Nueces County, Texas, together with all subsequent instruments thereunder. • 40. South 40' for roadway purposes per plat recorded in Volume A, Page 55, Map Records, Nueces County, Texas. 41. Right -of -Way easement granted by Frances H. Dittlinger, and others, to Violet Water Supply Corporation, dated February 1, 1967, recorded in Volume 1222 at Page 93 of the Deed Records of Nueces County, Texas. 42. Inundation Easement granted by James Burkhardt and wife, Janet M. Burkhardt, and Fred Burkhardt, Jr. and wife, Janice J. Burkhardt, to Nueces County Drainage and Conservation District No. 2, dated March 7, 1974, recorded in Volume 1490 at Page 989 of the Deed Records of Nueces County, Texas. 43. Unrecorded Ground Lease by and between Corpus Christi Petrochemical Company ("Landlord") and Air Products and Chemicals Inc. ("Tenant") dated July 1, 1979. 44. Financing Statement filed January 23, 1984 in County Clerk's UCC Records 1193229, and in Volume 1887, Page 144, Deed of Trust Records, Nueces County, Texas, from Corpus Christi Petrochemical Company to General Electric Credit Corporation only to the extent that it relates to tele- phone equipment located on 303.7 acres out of this Tract 3. 36HRDSA Page 7 of a 7 Page Exhibit "C" EXHIBIT "^". TRACT 4 Being a tract of 9.214 acres of land out of a 28.08 acre tract of land in the north one-half (N 1/2) of the northwest one-quarter (NW 1/4) of Survey No. 409. A.B. & M., A-555, Nueces County. Texas. being the same land conveyed by deed dated March 15, 1977, record- ed in Volume 1599, Page 290, Deed Records of Nueces County, Texas. from George W. Hoelscher, et ux. as Grantors, to Corpus Christi Petrochemical Company, as Grantee. and being described by metes and bounds as follows: BEGINNING at a point on the west line of said Survey No. 409 for the northwest corner of this 9.214 acre tract from which point a 5/8 inch iron rod at the northwest corner of said 28.08 acre tract bears N 00' 01' 30" W 307.01 feet, and a 5/8 inch iron rod at the northwest corner of said Survey No. 409 bears N 00' 01' 30" W 1169.74 feet; THENCE N 89° 58' 40" E. at 2635.85 feet pass the west right-of-way line of McKenzie Road. in all a distance • of 2675.85 feet to apoint on the centerline of said McKenzie Road for the northeast corner of this 9.214 acre tract; THENCE S 00° 00' 50" E, with the centerline of McKenzie Road, 150.00 feet to a 5/8 inch iron rod at the south- east corner of said 28.08 acre tract for the southeast corner of this 9.214 acre tract; THENCE S 89° 58' 40" W, with the south boundary of said 28.08 acre tract at 40.00 feet pass said west right-of- way line of McKenzie Road,'in all a distance of 2675.82 feet to a 5/8 inch iron rod on the west boundary line of said Survey No. 409 for the southwest corner of said 28.08 acre tract and the southwest corner of this 9.214 acre tract, from which point a concrete monument at the southwest corner of the NW 1/4 of said Survey No. 409 bears S 00° 01' 30" E 1319.74 feet; THENCE N 00° 01' 30" W, with the west boundary line of said Survey No. 409, 150.00 feet to the Point of Beglna4ng, con- taining 9-214 acres of land. Page 1 of a 3 Page Exhibit "D" PRRKIITTED PNCUMBRANCES 1. An undivided one-half interest in all of the oil, gas and other minerals reserved in Deed dated July 16, 1976, recorded in Volume 1573, Paae 272, Deed Records of Nueces County, Texas, from Frank J. Rassner, et al, as Grantors, to George W. Hoelscher, et w, as Grantees, as amended by Aareemesnt dated June 1, 1979, recorded in Vblume 1659, Page 342, Deed Records, Nueces County, Texas, by Frank J. Kassner, et al, and as amended by Agreement dated September 19, 1978, recorded in Vblume 1669, Page 696, Deed Records of Nueces County, Texas, by Teresa Kassner, widow, et al, reference to which instruments is here made for all purposes. 2. An undivided one-half interest in all of the oil, gas and other minerals reserved in Deed dated March 15, 1977, recorded in Vbllme 1599, Page 290, Deed Records of Nueces County, Texas, from George W. Hoelscher, et ux, as Grantors, to Corpus Christi Petrochemical Company, as Grantee, reference to which instruments nts is here made for all purposes. 3. Terms, conditions and stipulations of Oil, Gas and Mineral Lease dated October 4, 1976, recorded in Volume 312, Page 587, 0i1 and Gas Lease Records of Nueces County, Texas, from George W. Hoelscher, et ux, as Lessors, to Claud B. Hamill, as Lessee, together with all subsequent instruments thereunder. 4. Terms, conditions and stipulations of Oil, Gas and Mineral Lease dated September 27, 1976, recorded in Volume 312, Page 495, Oil and Gas Lease Records of Nueces County, Texas, from frank J. Kassner, et al, as Lessors, to Claud B. Hamill, as Lessee, together with all subsequent instruments thereunder. 5. Easement dated November 9, 1940, recorded in Volume 263, Page 519, Deed Records of Nueces County, Texas, from William Kassner, et ux, to Southwestern Bell Telephone Company. 6. Easement dated June R, 1945, recorded in Volume 639, Paae 135, Deed Records of Nueces County, Texas from Isabella Kassner to Nueces Electric Cooperative, Inc., as amended by Amendment plated September 19, 1977, recorded in Volume 1636, Page 473, Deed Records, Nueces County, Texas, between Corpus Christi Petrochemical . Company and Nueces Electric Cooperative, Inc. 7. Pipeline Richt-of-Way Deed dated March 8, 1954, recorded in Volume 634, Page 272, Deed Records of Nueces County, Texas, frau Isabella Kassner, et al, to the City of Corpus Christi, Texas. 8. Easement and Right -of -Way Deeds in favor of Central Power & Light Otomrpany dated April 20, 1956, recorded in Volume 741, Page 598, Deed Records of Nueces County, Texas, from Isabella Kassner, et al, and dated December 12, 1956, recorded in Volume 762, Page 325, Deed Records of Nueces County, Texas, from Clarence Kassner, et al. 9. Pipeline Right -of -Way and Fasement Deed dated March 16, 1967, recorded in Volume 1207, Page 301, Deed Records of Nueces County, Texas, from Clarence Rassner, et al, to Coastal States Crude Gathering Cbmoany, as amended by Deeds dated September 30, 1968, recorded in Volume 1319, Paae 65, Deed Records of Nueces. Ctnnty, 'Texas, and September 25, 1968, recorded in Volume 1319, Page 76, Deed Records of Nueces County, Texas, from Clarence Kassner, et al, to Coastal States Crude Gathering Company, and Lo -Vaca Gathering Company. 10. License Appurtenant reserved in Deed dated March 15, 1977, recorded in Volume 1599, Page 290, Deed Records, Nueces County, Texas, from George W. Hoelscher, et ux, as Grantors, to Corpus Christi Petrochemical Comroany, as Grantee. Page 2 of a 3 Page Dchibit "D" 11. Easement and Operating Agreement dates] July 1, 1979, recorded in Volume 1898, Page 468, Deed records, Nueces O unty, Texas from Corpus Christi Petrochemical Company to Air Products and Chemicals, Inc. 12. Road Easement and Operating Agreement dated July 1, 1979 recorded in Volume 1898, Page 493, Deed records, Nueces County, Texas from corpus Christi Petrochemical Company to Air Products and Chemicals, Inc. 13. Easement dated March 9, 1981, recorded in Volume 1776, Page 249, Deed Records, Nueces County, Texas, from Carpus Christi Petrochemical COmmany to Valero Marketing Company. 35MS/S • Page 3 of a 3 Page Exhibit "D" EXHIBIT "E" TRACT 5 Being a tract of 6.567 acres of land out of Survey No. 14, S.H. Huston, A-953. in Nueces County. Texas, being the same land con- veyed by deed dated May 10, 1977. recorded in Volume 1606, Page 779, Deed Records of Nueces County, Texas, from the Corpus Christi National Bank, Trustee of the June Yates Trust, as Grantor, to Corpus Christi Petrochemical Company. as Grantee, and being de- scribed by metes and bounds as follows: BEGINNING at a one inch iron pipe found at a corner post at the northeast corner of the Stephan Swetlick 131.57 acre tract described in Volume 213, Page 66, Deed Records of Nueces County, Texas; THENCE S 89° 59' 30" W along the north boundary line of said Swetlick Tract 1761.58 feet to a one inch iron pipe in the centerline of Violet Road for the north- west corner of the Swetlick Tract and the southwest corner of this 6.567 acre tract; THENCE N 10° 26' 30" E along said centerline of Violet Road. 152.53 feet to a point for the northwest corner of this 6.567 acre tract; THENCE N 89° 59' 30" E 1884.16 feet to a point for the northeast corner of this 6.567 acre tract; THENCE S 00° 02' 40" W 159.33 feet to a point in the north boundary line of Survey No. 412. A-854 for the southeast corner of this 6.567 acre tract; THENCE N 89° 57' 20" W along the boundary line of said Survey No. 412,150 feet to a 5/8 inch iron rod, the northwest corner of said Survey No. 412; THENCE N 00° 37' 50" W with the east boundary line of said Swetlick Tract 9.20 feet to the Point of Beginning. and containing 6.567 acres of land. Page 1 of a 2 Page Exhibit E" PFIKETTED fl UMSRANCES 1. The non-oarticiratinq royalty interest equal to one-fourth of one-eighth of all oil, gas and other minerals reserved in a Deed dated July 2, 1951 recorded in Volume 521, Page 199, Deed Records of Nueces County, Texas, from Simon Grossmann, et al, as. Grantors, to June Yates, as Grantee. 2. The oil and gas estate reserved by Corpus Christi National Bank, Trustee of theJune Yates Trust, in Deed dated May 10, 1977, recorded in Volume 1606, Pave 779, feed Records of Nueces County, Texas, from Corpus Christi National Bank, Trustee of the June Yates Trust, as Grantor, to Corpus Christi Petrochemical Company, as Grantee. 3. Easement dates November 14, 1940, recorded in Vblume,263, Page 517, Deed Records, Nueces County, Texas from Simon Grossman, et al, to Southwestern Bell Telephone Company. 4. Deed for road Purposes from June Yates to the State of Texas dated October 23, 1951, recorded in Whine 547, Page 593, Deed .Records of Nueces County, Texas. 5. Pipeline Fight -of -Way and Easement Deed dated December 5, 1956, recorded in Volume 760, Pave 222, Deed Records of Nueces C unty, Texas, from June Yates, et ux, to Texas Eastern Transmission Corporation, as amended by Agreement dated October 17, 1977, recorded in Volume 1644, at Page 353, and in Volume 1647, Page 206, Deed Records of Nueces County, Texas, between Texas Eastern Transmission Corporation and Corpus Christi Petro- chemical Company. • 6. Easement reserved in Deed dated May 10, 1977, recorded in Wlume 1606, Pace 77q, Deed Records of Nueces County, Texas, from Corpus Christi National Bank, Trustee for the June Yates Trust, as Grantor, to Corpus Christi Petrochemical Company, as Grantee. 7. Easement dated July 6, 1981 recorded in Volume 1788, Page 170, Deed Records, Nueces County, Texas, from Corpus Christi Petrochemical Company to Central Power and Light Company. 8. Easement dated September 26, 1983 recorded in Volume 1996, Pace 983, Deed Records, *faeces County, Texas, from Corpus Christi Petrochemical Company to flown Pipeline Conxaany. 35HRDST Page 2 of a 2 Page Exhibit "E" That the foregoing ordinance was read for he first time and pas ed to its second reading on this the Q 3 day of , 19 g')s , by the following vote: n 6L&o€ (142alitit Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong That the foregoing ordinance was read for a second time and passed to its third reading on this the �6 day of J{ 0 , 19 ' ' , by the following vote: Betty N. Turner )a - David Berlanga, Sr. .. 'td`, Mary Rhodes Leo Guerrero ca d> Frank Schwing, Jr. Clif Moss -111/'-''Mary Pat Slavik Linda Strong Bill Pruet That the foregoing ordi nce was read for the third time and passed finally on this the 60 day of OQ , 19V? , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Clif Moss PASSED AND APPROVED, this the ATTEST: Ci y Secretary 14-1) AP''OVED: or DAY OF HAL GEORGE, CITY ATTORNEY By , 1§K: Amit City Attorney 99.044.01 Bill Pruet Mary Rhodes Frank Schwing, Jr. Mary Pat Slavik Linda Strong day of , 198 . MAY R THE CITY OF CORPUS CHRISTI, TEXAS 20447 PUBLISHER'S AFFIDAVIT State of Texas, ] City of C C County of Nueces ] ss: Ad # 57800 Before me, the undersigned, a Notary Public. this day perspnally came Deanne D. Palmer, who being first duly swornaccording tplaw, says that she is a Senior Accounting Clerk of the Corpus Chriti Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live • Oak, Refugio, San Patricio, Nueces, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE #20447 AUTHORIZING" of•which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 12th day of September 1988 , and each day thereafter for zero consecutive day(s). $ 2~.00 ^Serior Accoun/�n' Clerk one Times re me this 13th day of September, 198B. Edna Koster Notary Public, Nue es County, Texas My commission expires on 11.30.88 NOTICE OF PASSAGE OF , ORDIMANCE #20447 AUTHORIZING THE EXECU- TION OF AN INDUSTRIAL DERICT AGREEMENT WITH C PUS CHRISTI PETRO - PROVIDING FOR PUBLI A - Wes' passed and approved by the City Council of the -City of Corpus Christi, Texas on the 6th day -of September, 1988 and the full text of -said ordinance is available to the public in the Office of the City /s/ Armindo Chap* SeadrefelY Corpus Christi, mot