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
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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
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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.
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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
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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.
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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
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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.
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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.
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