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HomeMy WebLinkAbout020530 RES - 11/22/1988A RESOLUTION AUTHORIZING THE EXECUTION OF A TAX ABATEMENT AGREEMENT WITH JAVELINA COMPANY. WHEREAS, the Texas Property Redevelopment and Tax Abatement Act (the "Act") , Texas Tax Code, Chapter 312, as amended, authorizes the City Council of the City of Corpus Christi, Texas, to enter into tax abatement agreements for projects meeting the Guidelines and Criteria for Granting Tax Abatement duly adopted by the City; and WHEREAS, an application for tax abatement was submitted by the Javelina Cortpany, a Texas general partnership, requesting the designation of a reinvestment zone (the "Javelina Company Zone") and the offering of tax abatement for a new Petrochemical Facility in accordance with said Guidelines and Criteria; and WHEREAS, on Tuesday, November 15, 1988, the City of Corpus Christi, Texas, gave notice of the proposed tax abatement agreement, including a copy of the proposed agreement, to the presiding officer of the governing body of each taxing unit in which the subject property is located in compliance with the Act; and WHEREAS, on Tuesday, November 22, 1988, the City Council of the City of Corpus Christi conducted a public hearing on the designation of the Javelina Company Zone in accordance with the Act and established the Javelina Company Zone as a reinvestment zone in accordance with the provisions of the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi finds and determines that the terms of the proposed agreement and the property subject to the proposed agreement meet the applicable Guidelines and Criteria adopted by the City of Corpus Christi, and the City of Corpus Christi further determines that the proposed project is feasible and the proposed temporary abatement of taxes will inure to the long-term benefit of the City of Corpus Christi. SECTION 2. That the City Manager is authorized to execute the tax abatement agreement attached hereto as Exhibit A upon the approval of a like or similar tax abatement agreement by the Corpus Christi Independent School District providing identical terms regarding the share of the value of the property that is to be abated and the duration of the abatement. City Secretary APPROVED: /a DAY OF HAL GEORGE, CITY ATTORNEY By ty Attorney 207HG083.res MACYOR CITY OF CORPUS CHRISTI TEXAS Y CORPUS CHRISTI 1� THE 20530 M%CROFIIMED • '�`+`'-'�:=::�= •tib-�'4 '% . TAX ABATEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES Exhib. Draft 11/15/88 This Tax Abatement Agreement (hereinafter referred to as the "Agreement") is made and entered into by and between City of Corpus Christi, Texas ("Governmental Unit") and Javelina Company, a general partnership ("Owner"), the owner of taxable real property in Nueces County, Texas, ("Property"). I. AUTHORIZATION This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act, Texas Tax Code, Chapter 312, as amended ("Act"), and is subject to the laws of the State of Texas and the charter, ordinances, and orders of the Governmental Unit. II. DEFINITIONS As used in this Agreement, the following terms shall have the meanings set forth below: A. "Base Year Value" means the assessed value of the Improvements on the Property as certified by the Nueces County Appraisal District as of the January 1 preceding the execution of this Agreement plus the agreed urn value of Improvements made after January 1 but before the execution of this Agreement. B. "Improvements" means the buildings or portions thereof and other improvements, including fixed machinery and equipment,. used for commercial or industrial purposes on the Property. C. "Construction Phase" means the period during which a material and substantial improvement of the Property occurs which represents a separate and distinct construction operation undertaken for the purpose of erecting theF Improvements. The Construction Phase ends upon the earliest to occur of the following events: (1) when commercial production of a product or provision of a service is achieved at the facility, or (2) when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument, or (3) two (2) years after the date of this Agreement. The determination of the end of the Construction Phase shall be made by the Governmental Unit, in its sole and absolute discretion, based upon the above criteria and such other factors as the Governmental Unit may deem relevant. The determination of the end of the Construction Phase by the Governmental Unit shall be conclusive, and any judicial review of such determination shall be governed by the substantial evidence rule. D. "Abatement" means the full or partial exemption from ad valorem taxes of the Improvements on certain property in a zone designated for economic development purposes pursuant to the Act. E. "Eligible Property" means the buildings, structures, fixed machinery, equipment and process units, site improvements, and that office space and related fixed improvements necessary to the operation and administration of the facility to be constructed pursuant to this Agreement. A list of the Eligible Property is set forth in the Project Description which is attached hereto as Exhibit "A" and made a part hereof. During the Construction Phase of the Eligible Property, the Owner may make such change orders to the Eligible Property as are reasonably necessary to accomplish its intended use, provided that no such change order may be made which will change the qualification of the project as a "Facility" under the Guidelines and Criteria for Granting Tax Abatement approved by the Governmental Unit. F. "Ineligible Property" means land; inventories; supplies; tools; furnishings and other forms of movable personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred maintenance investments; property to be rented or leased (except this provision shall not apply to the Facility as a whole if leased by the Owner, or its assigns); improvements for the generation or transmission of electrical energy not wholly consumed by a new facility or expansion; any improvements including those to produce, store or distribute natural gas, fluids or gases, which are not integral to the operation of the facility, property that has an economic life of less than fifteen (15) years; property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas; unless any of the above types of property are specifically authorized by the Governmental Unit. G. "Added Value" means the increase in the assessed value of the Eligible Property as a result of "expansion" or "modernization" of an existing facility or construction of a "new facility." It does not mean or include "deferred maintenance." H. "Facility" means a Basic Manufacturing Facility, Petrochemical , Facility, Regional Distribution Facility, or other Authorized Facility approved by the Governmental Unit as set forth in the Guidelines and Criteria for Granting Tax Abatement adopted by the Governmental Unit. I. "School District" means the independent school district which has jurisdiction of the Property. The Guidelines and Criteria for Granting Tax Abatement adopted by the Governmental Unit are incorporated as a part of this Agreement. Except as the same may be modified herein, all definitions set forth therein are applicable to this Agreement. III. PROPERTY The Property is an area within Nueces County, Texas, located in whole or in part within the jurisdiction of the Governmental Unit as is more fully described in Exhibit "B" attached hereto and made a part hereof. Said Property is located within a zone for tax abatement established pursuant to Chapter 312 of the Texas Tax Code, as amended, by the City of Corpus Christi/GUNKi LXX X [strike one] on November 22, 1988 The Nueces County Appraisal District has established the following values for the Property as of the January 1 valuation date prior to the date of execution of this Agreement. Account No. N/A Personal Property $ 0 4933-0000-1240 Account No. 4933-0000-1241 4933-0000-1250 Land Improvements $ 976,967 $ 0 The Governmental Unit and the Owner agree that the value of any additions to the Improvements made after January 1 or not otherwise reflected on the above valuation of Improvements is: Additional Improvements: $ 0 Addition of the above amount to the valuation of the Improvements as of the January 1 valuation date prior to the date of execution of this Agreement results in a Base Year Value as follows: Base Year Value: $ 0 IV. TERM OF ABATEMENT AND AGREEMENT The Governmental Unit agrees to abate the ad valorem taxes on the Eligible Property incorporated into the Improvements in accordance with this paragraph and paragraphs V and VI hereof. The Abatement shall be effective with the January 1 valuation date immediately following the date of execution of this Agreement. The Abatement shall continue for up to two (2) years during the period of the Construction Phase and for the next five (5) full tax years thereafter, expiring as of December 31 of such fifth tax year. If the period of the Construction Phase exceeds two (2) years, the Facility shall be considered completed for. purposes of Abatement, and in no case shall the period of Abatement inclusive -of construction and completion exceed seven (7) tax years. The years of Abatement provided herein shall in each instance coincide with the tax year commencing on January 1 and expiring on December 31, and in no event shall the Abatement extend beyond December 31 of the seventh tax year. This Abatement shall also cover as Eligible Property those supplemental improvements to the Eligible Property that are added or constructed during the post -construction five (5) year period of Abatement. In no event, however, shall the total Abatement period for such Eligible Property exceed the maximum seven (7) year Abatement period for the entire project as specified herein. The term of this Agreement shall continue for a period of five (5) years following the expiration of the period of Abatement provided above. All covenants and representations of the Owner herein shall continue throughout the term of this Agreement, and any defaults shall be subject to the recapture provisions provided in Part VIII herein. V. TAXABILITY During the period that the Abatement is effective, taxes, shall be payable as follows: (1) The value of the land comprising the Property shall be fully taxable; (2) The value of Ineligible Property shall be fully taxable; (3) The Base Year Value of existing Improvements comprising the Property shall be fully taxable; (4) The value of the personal property comprising the Property shall be fully taxable; and (5) The Added Value of Eligible Property made a part of the Improvements shall -3- be abated as set forth in Part VI herein. VI. AMOUNT OF ABATEMENT The Abatement provided by this Agreement shall be based upon the Added Value of Eligible Property made a part of the Improvements as a result of the project as follows: Abatement Added Percentage Value 0% $0 - 1,999,999 50% $2,000,000 - 4,999,999 75% $5,000,000 - 9,999,999 100% over $10.0 million At the time of execution of this Agreement, the Owner reasonably estimates and represents to the Governmental Unit that the Added Value upon completion of the Construction Phase shall be: $ 87,350,000 ("Estimated Added Value"). In the event the Added Value, as determined by the Nueces County Appraisal District, upon completion of the Construction Phase shall at any time during the term of this Agreement be less than Estimated Added Value to the extent that the percentage of Abatement shall be less than the percentage applied during the Construction Phase, the amount of Abatement shall be immediately adjusted and any taxes previously abated shall be subject to recapture as provided in Part VIII herein. VII. CONTEMPLATED IMPROVEMENTS Owner represents that it will build a facility at the cost, for the purpose, and in the manner as set forth in the Project Description attached as Exhibit "A". During the Construction Phase, the Owner may make such change orders to the project as are reasonably necessary, provided that no such change order may be made which will change the qualification of the project as a "Facility" under the Guidelines for Granting Tax Abatement approved by the Governmental Unit. All improvements shall be completed in accordance with all applicable laws, ordinances, rules or regulations. During the term of this Agreement, use of the Property shall be limited to operation of the Facility described in the Project Description consistent with the general purpose of encouraging development or redevelopment of the zone during the period of this Agreement. Owner represents and warrants that this project will add at least 20 additional permanent employees to the project site. The project is not expected to solely or primarily have the effect of transferring employment from one part of Nueces County to another. VIII. EVENTS OF DEFAULT AND RECAPTURE A. Discontinued or Reduced Operation During Term of Agreement. In the event that the facility is completed and begins operation but subsequently discontinues operation or in the event the minimum number of 20 new jobs is not created and maintained, for any reason except fire, explosion or other casualty or accident or natural disaster for a period of one year during the term of the Agreement, the Agreement may be terminated by the Governmental Unit and all taxes previously abated by virtue of the Agreement will be recaptured and paid within 60 days of the termination. Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such sixty (60) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. -4- B. Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for their protest and/or contest. this Agreement shall terminate and so shall the abatement of the taxes for the calendar year of the delinquency. The total taxes assessed without abatement for that calendar year shall he paid within 60 days from the date of termination. Penalty and interest shall not begin to accrue on the additional amount of taxes due as the result of recapture under this provision until the first day of the month following such sixty (60) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. Penalty and interest on the amount of taxes originally levied based upon the Abatement shall, of course, begin to accrue as of the date such taxes were due in accord with the laws of the State of Texas. C. Notice of Default. Should the Governmental Unit determine that the Owner is in default according to the terms and conditions of this Agreement, it shall notify the Owner that if such default is not cured within 60 days from the date of such notice ("Cure Period"), then this Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, this Agreement may be terminated and the taxes abated by virtue of the Agreement will be recaptured and paid as provided herein. D. Actual Added Value. Should the Nueces County Appraisal District determine that the total level of Added Value during any year of the term of this Agreement after completion of the Construction Phase is lower than the Estimated Added Value such that a lower percentage of Abatement is applicable, for each year during which an Abatement has been granted the difference between the tax abated and the tax which should have been abated based upon the actual Added Value shall be determined by the Governmental Unit and paid within 60 days of notification to the Owner of such determination. _Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such sixty (60) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. E. Reduction in State Funding for School District. In the event the total assessed value of the Property (rather than the value after Abatement) is taken into consideration in determining the level of funding by the State of Texas for the School District the result of which is reduced funding by the State to the School District, then the School District shall recapture from the Owner a tax in an amount equal to the lesser of the following: (1) The amount of the taxes abated for that year by the School District with respect to the Property. (2) The amount obtained by subtracting (a) the amount actually paid by the State to the School District from (b) the amount which would have been paid by the State to the School District if there had been no tax abatement. If the School District has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated in accord with subparagraph (2) above shall be prorated on the basis of the value of the abatement with respect to each taxpayer. This event shall not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above shall not apply. Such recaptured taxes must be paid within 30 days after notice thereof has been given to the Owner. Penalty and interest shall not begin to accrue upon such sum until the first day of the month -5- following such thirty (30) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. F. Reduction in Rollback Tax Rate for School District. If during any year of the period of Abatement any portion of the abated value is added to the current total value of the School District but is not treated as "new property value" (as defined in Section 26.012(17) of the Texas Tax Code) for the purpose of establishing the "effective maintenance rate" in calculating the "rollback tax rate" in accord with Section 26.04(c)(2) of the Texas Tax Code and if the School District's budget calculations indicate that a tax rate in excess of the "rollback tax rate" is required to fund the operations of the School District for the succeeding year, then the School District shall recapture from the Owner a tax in an amount equal to the lesser of the following: (1) The amount of the taxes abated for that year by the School District with respect to the Property. (2) The amount obtained by subtracting the rollback tax rate computed without the abated property value being treated as new property value from the rollback tax rate computed with the abated property value being treated as new property value and multiplying the difference by the total assessed value of the School District. If the School District has granted an abatement of taxes to more than one taxpayer, then the amount of the recapture calculated in accord with subparagraph (2) above shall be prorated on the basis of the value of the abatement with respect to each. taxpayer. This event shall not constitute a "default" under this Agreement, and the sixty (60) day Cure Period provided above shall not apply. Such recaptured taxes must be paid within thirty (30) days after notice thereof has been given to the Owner: Penalty and interest shall not begin to accrue upon such sum until the first day of the month following such thirty (30) day notice, at which time penalty and interest shall accrue in accord with the laws of the State of Texas. G. Continuation of Tax Lien. The amount of tax abated each year under the terms of this Agreement shall be secured by a first and prior tax Iien which shall continue in existence from year to year until such time as this Agreement between the Governmental Unit and Owner is fully performed by Owner, or until all taxes, whether assessed or recaptured, are paid in full. If the Governmental Unit terminates this Agreement pursuant to this paragraph VIII, it shall provide Owner written notice of such termination. If Owner believes that such termination was improper, Owner may file suit in the Nueces County district courts appealing such termination within sixty (60) days after the written notice of the termination by the Governmental Unit. If an appeal suit is filed, Owner shall remit to the Governmental Unit, within such sixty (60) days after the notice of termination, any additional and/or recaptured taxes as may be payable during the pendency of the litigation pursuant to the payment provisions of Section 42.08, Texas Tax Code. If the final determination of the appeal increases Owner's tax liability above the amount of tax paid, Owner shall remit the additional tax to the Governmental Unit pursuant to Section 42.42, Texas Tax Code. If the final determination of the appeal decreases Owner's tax liability, the Governmental Unit shall refund the Owner the difference between the amount of tax paid and the amount of tax for which Owner is liable pursuant to Section 42.43, Texas Tax Code. -6- IX. ADMINISTRATION The Owner shall allow employees and/or representatives of the Governmental Unit to have access to the Property during the term of this Agreement to inspect the Facility to determine compliance with the terms and conditions of this Agreement. All inspections will be made only after the giving of twenty-four (24) hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility. All inspections will be made with one or more representatives of the Owner and in accordance with Owner's .safety standards. The Chief Appraiser of the Nueces County Appraisal District shall annually determine (i) the taxable value of the real and personal property comprising the Property taking into consideration the Abatement provided by this Agreement, and (ii) the full taxable value without Abatement of the real and personal property comprising the Property. The Chief Appraiser shall record both the abated taxable value and the full taxable value in the appraisal records. The full taxable value figure listed in the appraisal records shall be used to compute the amount of abated taxes that are required to be recaptured and paid in the event this Agreement is terminated in a manner that results in recapture. Each year the Owner shall furnish the Chief Appraiser with such information outlined in Chapter 22, Texas Tax Code, as amended, as may be necessary for the administration of the Agreement specified herein. X. ASSIGNMENT The Owner may assign this Agreement to a new owner or lessee of the Facility with the prior written consent of the Governmental Unit, which consent shall not be unreasonably withheld. Any assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in this Agreement. Any assignment of this Agreement shall be to an entity that will provide substantially the same improvements to the Property, except to the extent such improvements have been completed. No assignment shall be approved if the Owner or any assignee are indebted to the Governmental Unit for ad valorem taxes or other obligations. XI. NOTICE Any notice required to be given under the provisions of this Agreement shall be in writing and shall be duly served when it shall have been deposited, with the proper postage prepaid thereon, and duly registered or certified, return receipt requested, with the United States Postal Service, addressed to the Governmental Unit or Owner at the following addresses. If mailed, any notice or communication shall be deemed to be received three days after the date of deposit in the United States Mail. Unless otherwise provided in this Agreement, all notices shall be delivered to the following addresses: To the Owner: Javelina Company c/o Coastal Javelina, Inc. P. 0. Box 4372 Houston, TX 77210 Attention: Jay F. Gibson To the Governmental Unit: City of Corpus Christi, Texas 1201 Leopard P. 0. Box 9277 Corpus Christi, TX 7$469 Attention: City Manager -7- Either party may designate a different address by giving the other party ten days' written notice. This Agreement has been executed by the parties in multiple originals or counterparts, each having full force and effect. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Juan Garza, City Manager APPROVED: DAY OF , 19 HAL GEORGE, CITY ATTORNEY By: City Attorney ATTEST: OWNER Name: Name: Title: Title: -8- 99.066.01 Corpus Christi, Texas a; day of 7�1L41(JtaIJ 198 � � ' The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. ax";7 Leo Guerrero Z6.1_2 Clif Moss Bill Pruet �j Mary Rhodes 12L1, Frank Schwing, Jr. Mary Pat S1 avi k Linda StrongCal„, 20530 PROJECT DESCRIPTION Javelina Processing Plant The Javelina Plant project is beingdeveloped gatheringrefinery to encompass . off -gas streams, presently consumed as fuel, processing those streams for recovery of liquifiable hydrocarbons and hydrogen, and returningthe Y remaining residue gas, plus makeup gas, to the refineries as fuel. Refineries in the Inner Harbor area of Corpus Christi from which b off -gas streams will be gathered include Champlin, Coastal, Kerr-McGeeSouthwestern Koch, and Valero. }' The Javelina Plant will employ cryogenic technologyto liquify and separate the commercial products' p ts' for sale into the petrochemical industry as feedstock or as finishedroducts. In addition to the_ liquid hydrocarbon P q y bon products, hydrogen will be recovered cryogenically and purified through adsorptive processes. The reduction in refineryfuel P due to the. liquification gas. (off gas) streams of liquid products and the removal of hydrogen results in a new market for naturalas equivalent 100,000 mcf/d. 9 q t to The Plant will produce 26,240 bbls per dayof finished products and 40,000 mcf/d of / high purity hydrogen. Liquid polymerethylene, products will consist of ethane,grade q y ene, refinery. grade propylene, propane, iso -butane, normal butane and gasoline. The plant will be thermallynatural self-sufficient - heating requirements and electric power will be generated through fromgas turbine exhausts. waste heat recovery The major components of thisas processing P g facility consist of: Gas fired turbine driven generator units with heat recovery systems. General Electricwaste Frame - 5 gas turbine/generator sets were utilized in the design economic analysis for the ro'ect, and project. The waste heat boilers will produce 900 psig stream for use in turbine driven compressor for propane a steam refrigeration service. Low pressure (50 psig) steam will be process heat and injection used for to control NOx emissions in the gas turbines. Electric power will not be external consumption. sold for 1 Exhibit A b) Compression services, otherthan refrigeration, will be performed byelectricg • motor -driven reciprocation compressor units. ` p Services requiring compression include inlet gas, residue gas, methane recycle, hydrogen and fuel gas. c) DEA Gas Treating module for the removal of hydrogen sulfide and other sulfur compounds. d) Gas Dehydration module for the removal of water to a low (parts per million) level prior to the cryogenic o enic module. e) Cryogenic liquification module using basic aluminum heat *exchangers, expansion valves, turboexpanders, pumps, etc. f) . Hydrogen separation performed in the cryogenic o enic module with purification. by a pressure swing adsorption (PSA) system. A Union Carbide -designed PSA system was utilized in the economic analysis. Product fractionation and purification utilizing conventional towers, pumps, heat exchangers, and catalyst for trace component removal. Project execution will be divided into four distinct functions: g ) 1. Site engineering including design, construction management assistance, major equipment bid solicitation and purchase, and bid preparation for the other phases of work at the site. 2. Process facility site detail mechanical design and field construction. g 3. Interconnecting pipeline detail design, equipment procurement, and field construction. 4. Refinery off -gas system instrumentation and 9 pip in tie- in construction from detail engineering provided bythe engineering company in item 3. 2 Coastal Javelina, Inca will be responsible for managingthe developement, the design, p facilityg and the construction of the processing . and will operate the facilityincludingpipelines. es The project will consist - of• P p - gathering and distribution pipelines, gas-fired turbine -driven generator units complete withheat recovery systems, cryogenic liquification unit, • productfractionation and purification, and product distributionpipelines. Exhibit B, the attached schematic drawing entitled "Plot Plan", describes all proposed on-site e im rovements and to detailedP together with the pipelines . in Exhibit C comprises all of the improvements and fixed equipment for which abatement is requested. • • 3 - - \ ..- 7 7 n : • • i . v .-, Z ; • 'L' : ;4 4 t;': 6ti---: k . , , l , , 1 1 G • , . 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';'71;13., 1 ''' {-'-'' il:' •• ' L ,, L____ k•• . ., . • .,1 --Hi!A • ., il • .......„ ‘•- -,... '--• ,\, • \---- ..._. .. ,c..j , ‘,.,. . • % f! '.....r._ • \ \ , N 4.‘...:.7 ,-s. -:,-----). .•c„...1.. ..._L 1 • - -;... _,`'.. . 'VV. !.-1-. ll'E)i.C1"/ -- -•• ' ,ii,:i.,..ii_i.-#41./. ______L v, .(:T.-111.'"Lc:iiiill.,'" -."- jil (L. . 80i r - , 1 ‘ II 1 1-- -.-- ,............,_ ......•• -.I, . pip7-111 41Ti- - ' • t_f *1,, .,..--7.-.7..„{„,„51-• ' " - ' ' .•:-..--..,: ("3 • • • , .1. • .... ' .,:--.... E • -- - ' -, \ . ›- , r. .i < . 1 _. ...... , ...--. 1 •••_;,-,,. .....1• 1 1 •.• :.! I (.1) I .:i Lo . •.•,1 VI • . , . . 0 7. , UJ r. if; • " ' .3 • • 0 4-) to 4-I 4-1 00 o 0 I -- U 04 m 20000 ft. 4.4 4-1 4-1 0 0 0 0 0 CO CO r -I 10480 ft. • 0 o•N .oc0000 r-1 CN C (fl SUBJECT TRACT W INTERSTATE HWy 37 LOCATION MAP NO SCALE STATE OF TEXAS COUNTY OF NUECES BEING A SURVEY OF 25.97 ACRES OUT OF THE Ei1RIQUE VILLAREAL GRANT, ABSTRACT NO. 1 ?IUECES COUNTY, TEXAS. SAID 25.97 ACRES BEING COMPRISED OF SEVERAL TRACTS OF LAND DESCRIBED III DEEDS FROM NUECES PETROCHEMICAL COMPANY TO COASTAL REFINING AND MARKETING, INC:, AND RECORDED IN VOLUME 1932, PAGES 312 TO 337 INCLUSIVE OF THE DEED RECORDS OF NUECES COUNTY TEXAS, LESS AND EXCEPT TRACTS 16, 17, AND 18, AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at •? 1' iron pipe found in the South margin of Up River Road at the Northers: corner of the Peter J. Whelan Tract which also is the northeast- corner of Ehlers Gardens Tracts. an unrecorded subdivision of 40 acres out of the John Ounn 100 acre tract, for the Northwest corner of this survey. Said corner also being the Northwest corner of Tract 11o. 19 of the above mentioned Deed Records; THENCE S73°24'C3"E, with the South margin of Uo River Road, at 52.19 feet pass the 11or:nwest corner of a 3.0 acre tract of land. conveyed to Howell Refining Company by J. R. Heldenfels, Trustee, a toL31 distance of 213.92 feet to a 5/8" iron rod set for the Northeast corner of this tract; THENCE S08°50'10"W, a distance of 97.14 feet to an "X" cut in a concrete slab; THENCE S02°04'55"E at 242.79 feet pass a 5/8" iron rcd, a total distance of 392.29 feet to a 1" iron pipe found for an angle point; THENCE S11°20'32"E a distance of'7.90 feet to a ocint for a corner, from which a found 5/3" iron. -rod bears 1106°55134"W a distance of 5.13 feet; THENCE S06°55'34"E along the west line of the Railroad R.O.W. a distance of 462.93 feet to a 5/3" iron rcd set at a spike founo for a corner; THENCE S63°40' 45"',I a distance of 15.19 feet to a 5/8" iron-rcd set at a found spike for a corner; • THENCE S06°57'33"E a distance of 1014.03 feet to point for a corner in the north R.O.W. line of I.H. 37, from which a found R.O.W. monument bears S84°37'33"E a distance of 0.60 feet; THENCE 1,84°37'33"W along the north R.O.W. line of I.H. 37 a distance of 263.64 feet to a point of curvature of a curve to the left which has a 'central angle of 03 32'40", and a radius of 4729.00 feet; THENCE along said curve in a westerly direction a ::is:ance of 705.18 feet to a R.O.W. narxer found for the point of tangency; THENCE 537°56'23"W (not on tangent) a distance of 23.07 feet to a 5/8" iron rod set at a found spike for the southwest corner of this tract; THENCE ;117°30'00"E (Ref. Bearing Vol. 1932/332 0.2.;1.0.) a distance of 2064.96 feet to the PLACE OF BEGINNING and containing 25.97 acres of land. more or less. txN►EtT B"