HomeMy WebLinkAbout032716 RES - 03/29/2022Resolution authorizing the execution of an Industrial District Agreement
(IDA) 110 with Bootstrap Energy LLC for the Corpus Christi Energy Park.
WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044,
the Governing body of any city has the right, power and authority to designate any part of
the area located in its extraterritorial jurisdiction as an Industrial District, and to treat such
area from time to time as such governing body may deem to be in the best interest of the
City; and
WHEREAS, included in such rights and powers of the governing body of any city
is the permissive right and power to enter into written agreements with the owner or
owners of land in the extraterritorial jurisdiction of a city to guarantee the continuation of
the extraterritorial status of such land, and immunity from annexation by the city for a
period of time, and other such terms and considerations as the parties might deem
appropriate; and
WHEREAS, it is the established policy of the City Council of the City of Corpus
Christi, Texas (the " City"), to adopt reasonable measures permitted by law that will tend
to enhance the economic stability and growth of the City and its environs by attracting the
location of new and the expansion of existing industries therein as being in the best
interest of the City and its citizens; and
WHEREAS, under said policy and the provisions of Section 42.044, Texas Local
Government Code, the City of Corpus Christi has enacted Ordinance No. 15898,
approved November 26, 1980, as amended, indicating its willingness to enter into
industrial district agreements with industries located within its extraterritorial jurisdiction
and designating the specified land areas as Corpus Christi Industrial Development Area
No. 1 and Corpus Christi Industrial Development Area No. 2; and
WHEREAS, in order to correct certain boundary issues and to authorize new
industrial district agreements to replace those that were about to expire, the City of Corpus
Christi has enacted Ordinance No. 029958, approved September 17, 2013, as amended,
which reestablished the boundaries of the land areas known as Corpus Christi Industrial
Development Area No. 1 and Corpus Christi Industrial Development Area No. 2 and
renamed such areas "Industrial District No. 1 and Industrial District No. 2", herein
collectively called "Industrial Districts;" and
WHEREAS, Bootstrap Energy LLC ("Bootstrap") has purchased a 39.22 -acre
parcel in Industrial District No. 2 and wishes to enter into an Industrial District Agreement
("IDA") relating to said parcel; and
WHEREAS, Bootstrap intends to use the parcel for operation of a cryptocurrency
mining facility, of which the majority of the value will be included in business personal
property rather than improvements; and
WHEREAS, Bootstrap has agreed to include terms in the IDA that require payment
in lieu of taxes in the amount of 100 percent of ad valorem taxes that would be due for
the parcels were they inside city boundaries for the land and business personal property
value and 62.5 percent of ad valorem taxes that would be due for the parcels were they
Page 1 of 3
032716
SCANNED
inside city boundaries for the improvement value beginning in year 3 after the effective
date of the agreement; and
WHEREAS, the City Council finds that the cryptocurrency mining operation is an
industrial use for purposes of the IDA; and
WHEREAS, the City Council has determined that this arrangement would best
serve the public's health, necessity, and convenience and the general welfare of the City
and its citizens;
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council finds that the foregoing preamble language stated in this
resolution to be true and correct and adopts such findings for all intents and purposes
related to the subject matter of this resolution.
Section 2. The City Council approves and authorizes the City to enter into the attached
Industrial District Agreement No. 110 with Bootstrap, which requires Bootstrap to comply
with special payment in lieu of taxes terms. The City Manager, or designee, is hereby
authorized to execute such documents and all related documents on behalf of the City of
Corpus Christi and to file such documents in the official records of Nueces County. The
City Secretary is hereby authorized to attest to all such signatures and to affix the seal of
the City to all such documents. A true and correct copy of Industrial District No. 110 will be
available in the City Secretary's Office after filing.
Page 2 of 3
PASSED AND APPROVED on the l tl\ day of
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
A�R, 2022:
A,16
/Y -
rikkral
ATTEST: _ OF CORPUS CHRISTI
Rebecca Huerta aulette M. Guajardo
City Secretary
032716
Mayor
Page 3 of 3
INDUSTRIAL DISTRICT AGREEMENT NO. 110
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
This Industrial District Agreement ("Agreement") made and entered into under the authority of Section
42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a
Texas home -rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and
BOOTSTRAP ENERGY LLC, a Texas Limited Liability Company, Land and Improvements Owner,
collectively called the "COMPANY."
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City of Corpus Christi, Texas, to adopt
reasonable measures permitted by law that will tend to enhance the economic stability and growth of the
CITY and its environs by attracting the location of new and the expansion of existing industries therein,
and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the
CITY and its citizens; and
WHEREAS, the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within
the Extra Territorial Jurisdiction of the CITY; and
WHEREAS, under said policy and the provisions of Section 42.044, Texas Local Government Code, the
CITY has enacted Ordinance No. 15898, approved November 26, 1980, as amended, incorporated for all
purposes, indicating its willingness to enter into Industrial District Agreements with industries located
within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi
Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and
WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the
boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus
Christi Industrial Development Area No. 2 and renamed such areas "Industrial District No. 1 and Industrial
District No. 2", herein collectively called "Industrial Districts"; and
WHEREAS, the CITY desires to encourage the updating, expansion and growth of industries within said
Industrial Districts, and for this purpose, desires to enter into this Agreement with the COMPANY; and
WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the CITY of the
COMPANY'S structures and properties within such Industrial Districts.
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NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein
contained and under the authority granted under Section 42.044, Texas Local Government Code, and the
Ordinances of the City referred to above, the CITY and the COMPANY hereby agree as follows:
Article 1
Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this
Agreement, and subject to the terms and provisions herein , the Land shall retain its extraterritorial status
as an Industrial District, and shall continue to retain this status until and unless the same is changed under
the teiuis of this Agreement. Except as herein provided, the CITY further covenants and agrees that the
Land shall be immune from annexation during the term of this Agreement.
Section 1.02 Limited to Industrial Use. COMPANY covenants and agrees that during the term hereof,
COMPANY will not use or permit the use of the Land and Improvements covered by this Agreement for
purposes not included within the term "industry". "Industry" as used herein shall mean for the same
industrial uses to which the Land, or similarly situated land within the Industrial Districts, is now devoted
by the COMPANY or other such parties holding such similarly situated land. Holding the Land and
Improvements for future "industry" use, without using same for non -industry purposes, does not violate
this paragraph. If the COMPANY uses, or permits use of, the Land and/or Improvements covered by this
Agreement for purposes not included within the term "industry" as defined above, the payment in lieu of
tax to be paid by the COMPANY under this Agreement shall be increased to an amount equal to one
hundred percent (100%) of the amount of ad valorem taxes on Land, Improvements, and personal property
sited on the Land that would otherwise be payable to the CITY by the COMPANY if said Improvements
were situated on land within the CITY limits of the CITY. The increase shall be immediately effective for
all payments from the inception of this Agreement, and the COMPANY shall transmit to the CITY within
sixty (60) days of being notified by the CITY of the determination of a non -industry use, subject to the
notice provided for in Section 4.04, an amount equal to said one hundred percent (100%) of ad valorem
taxes from the inception of this Agreement, less any amounts previously paid, plus penalties and interest
as if the amounts were delinquent taxes. The CITY shall be entitled to its attorneys' fees and other costs
in collecting any of these amounts. In addition, the CITY shall have the right, in its sole and absolute
discretion: (1) to obtain an injunction from a court of competent jurisdiction, upon the court's
determination that the use is not an "industry" use, requiring that the use be permanently discontinued, or
(2) to annex the Land covered by this Agreement and until the Land is annexed, the COMPANY shall
continue to make payments equal to said one hundred percent (100%) of ad valorem taxes.
Section 1.03 Annexation Corridor. If any other company within the Extra Territorial Jurisdiction of the
CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax
payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY
shall, after the CITY provides the COMPANY with sixty (60) days prior written notice of intent to initiate
annexation proceeding, permit the CITY to annex a suitable strip of land out of the COMPANY'S Land
from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the
CITY must annex a part of the COMPANY'S property in order to armex property owned by third parties,
the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to
annex such property owned by third parties. The location of such annexed property shall be subject to the
approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such
annexed property shall have no right to any CITY services as a result of such annexation; nor shall the
CITY extend, by ordinance, any rules, or regulations, including, but not limited to, those (a) governing
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plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or
codes, or (C) attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S
business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be
subject to CITY taxes, but shall continue to be included within the in lieu of tax payment. In the event that
the need for an annexation corridor no longer exists, including but not limited to the defaulting company
entering into an Industrial District Agreement, or has met its obligations to the CITY, the CITY agrees to
immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S
Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to
remove from the city limits any unnecessary annexation corridor.
Section 1.04 City Services. During the term hereof, pursuant to this Agreement, the CITY shall have no
obligation to extend to the Land any utility or other CITY services, except for services that are being
provided to and paid for by the COMPANY on the date hereof, or as otherwise stated herein.
Section 1.05 Fire Protection Services. The CITY may provide fire protection services to the COMPANY
at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05
hereof.
Section 1.06 Compliance with City Rules and Regulations. The CITY and the COMPANY agree that
during the term hereof, with respect to the Land, the CITY shall not require compliance with its rules or
regulations: (1) governing zoning and platting of the Land, or any additions thereto, outside the CITY
limits and in an Industrial District; provided, however, COMPANY further agrees that it will in no way
divide the Land or additions thereto without complying with State law and CITY ordinances governing
subdivision of land; (2) prescribing any building, electrical, plumbing or inspection code or codes; or (3)
prescribing any rules governing the method of operation of COMPANY'S business, except as to those
regulations relating to the delivery of utility services and industrial waste disposal through CITY -owned
facilities.
Section 1.07 Definitions.
A. City. As defined in the preamble hereof and includes its successors and assigns.
B. Commencement of Construction. Physical construction (including, at a minimum, excavation
for foundations or the beginning of installation or erection of improvements) at the primary
site of the eligible project has begun.
C. Existing Improvements. Improvements in existence or under construction prior to the
Effective Date.
D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the
corporate boundaries of the City of Corpus Christi and that is located within five miles of
those boundaries.
E. Improvements. As defined in Section 1.04(3) of the Texas Tax Code, and shall also include
power generation facilities, petroleum and/or chemical refining, processing, extraction or
storage facilities, structures, or equipment erected on or affixed to the land, regardless of the
land ownership, and pipelines on, under, or across the land which are owned by COMPANY.
Includes Existing Improvements and New Improvements.
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F. Industrial District. The industrial districts created pursuant to Ordinance No. 029958, a copy
of which is attached hereto as Exhibit C and incorporated herein by reference.
G. Industrial District Agreement. An agreement made and entered into under the authority of
Section 42.044 of the Texas Local Government Code.
H. Land. All of the real property owned, leased or possessed by COMPANY and located within
the Industrial Districts and designated on Exhibit A attached hereto.
I. Market Value. As determined and defined by NCAD.
J. NCAD. The Nueces County Appraisal District and includes its successors and assigns.
K. New Improvement. Improvement for which no government peinnit has been secured and for
which construction has not commenced prior to the Effective Date.
L. Placed in Use. Improvements that are completed and Placed in Use and are not listed by
NCAD as Construction Work in Progress (CWIP)
Article 2
Section 2.01 Term. The ten of this Agreement shall begin on the date of last signature following City
Council approval ("Effective Date") and continue until December 31, 2024, unless teiniinated as herein
provided or extended for additional period or periods of time upon mutual consent of the COMPANY and
the CITY as provided by the Local Government Code; provided however, if this Agreement is not
extended, or replaced with a similar agreement that provides for an additional period or periods of time,
on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation
granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for
the remainder of the teiln; provided, however, the effective date and time of annexation shall be no earlier
than midnight of December 31 of the final year of the term.
Section 2.02 Extended Term. This Agreement may be extended for an additional period or periods only
by written agreement between the CITY and the COMPANY.
Article 3
Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the teiiii hereof, the COMPANY
shall pay to the CITY:
A. Land. An amount in lieu of tax on the Land (excluding Improvements and personal property
located thereon) equal to one hundred percent (100%) of the amount of ad valorem taxes based
upon the Market Value of the Land which would otherwise be payable to CITY by COMPANY if
the Land were situated within the CITY limits.
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B. Existing Improvements. An amount in lieu of tax on Existing Improvements (excluding personal
property) located on the Land equal to sixty-two and one half percent (62.5%) of the amount of ad
valorem taxes based upon the Market Value of the Existing Improvements which would otherwise
be payable to the CITY by the COMPANY if said Existing Improvements were situated on land
within the CITY limits.
C. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be
phased in as follows: for the first two years after the Effective Date of this Agreement, the
COMPANY shall pay no in lieu of tax payment to the City for said New Improvements.
Commencing with the third calendar year after the Effective Date of this Agreement, the in lieu of
tax payment shall be equal to sixty-two and one half percent (62.5%).
D. Business Personal Property. An amount in lieu of tax on the personal property equal to one hundred
percent (100%) of the amount of ad valorem taxes based upon the Market Value of the business
personal property which would otherwise be payable to CITY if the Land were situated within the
CITY limits. COMPANY must annually report the Geographic ID numbers for all personal
property accounts on the Property. Failure to report such accounts or to make payments for any of
the accounts will constitute a breach of this Agreement.
E. With respect to any new land acquired by the COMPANY located within an Industrial District,
the use of which relates directly to the primary use of the parent tract, the new land shall be
included in the COMPANY'S land known as the Land, and shall be considered in calculating the
in lieu of tax payment on the Land as of January 1 of the first year following the date which the
new land is acquired by the COMPANY. Within ninety (90) days after the acquisition of new land
by the COMPANY, the COMPANY shall provide the CITY with a revised Exhibit A that includes
a complete listing by NCAD Geographic ID number of the newly acquired land.
F. With respect to any new land acquired by the COMPANY after the Effective Date, located within
the Extra Territorial Jurisdiction of the CITY, the use of which does not relate to the primary use
of the Land, the COMPANY shall report such purchase to the CITY and the CITY shall determine
whether an Industrial District Agreement is desired for such newly acquired land.
Section 3.02 Company Schedule of Value. On or before August 31 of each year of this Agreement, or
upon final determination of Market Values by NCAD, whichever is later, the COMPANY shall provide
to the CITY an itemized Schedule of Value by sworn affidavit, on the form attached hereto as Exhibit B,
listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land and
Improvements, owned or controlled by the COMPANY including and identifying the property to be
valued as part of this Agreement (the "Schedule"). The Schedule shall also list the year any Improvements
were Placed in Use. The COMPANY has no objection to the CITY'S review of all forms, information,
and documents provided by the COMPANY to NCAD and, in the event of appeal, the Appraisal Review
Board. Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement.
COMPANY must include in its Schedule of Value the Geographic ID numbers for all personal property
accounts on the Property, whether owned by COMPANY or by a Lessee or tenant.
Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment
required under this Agreement, the calculation shall be made utilizing the Market Value of all Land and
Improvements as determined by NCAD, or its successor, under provisions of the Texas Property Tax
Code. The COMPANY shall timely provide information and reports required under this Agreement and
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under Texas law, rules and regulations to NCAD or its designee, so that the appraisal process can be
completed in accordance with all applicable state laws.
Section 3.04 Company Protest of Value or Billing. If the COMPANY or its Lessee or tenant elects to
protest the valuation set on any of its properties by NCAD for any year or years during the term hereof, it
is agreed that nothing in this Agreement shall preclude the protest, and the COMPANY shall have the
right to take all legal steps desired to reduce the same as if the property were located within the CITY,
except with regard to the exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its
appeal within 30 days after its protest of the valuation is submitted to NCAD.
Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute,
the COMPANY agrees to pay to the CITY an initial in lieu of tax payment, on or before the Due Date in
Section 3.07 below, based on the amount billed by the CITY. When the valuation on said property or any
billing dispute has been finally determined, either as the result of final judgment of a court of competent
jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days
thereafter, the COMPANY shall make to the CITY any additional payment due based on the final
detenuination. If, as a result of final judgment of a court of competent jurisdiction, or as the result of other
final settlement of the controversy, the amount of in lieu of tax payment due to the CITY is established to
be an amount less than the amount of the initial in lieu of tax payment for that year paid by the
COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to
COMPANY within thirty (30) days after said final determination. Any non NCAD related billing disputes
shall be resolved by the CITY within ninety (90) days from the date notice of the dispute is received by
the CITY.
Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent (15%)
of the amount which would be payable on 100% of Market Value of Improvements located on the Land
will be paid annually; provided, however, that if and as long as the COMPANY, as of January 1 of each
year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the
COMPANY agrees to provide fire protection and emergency services either from a qualified external
provider or by use of a qualified internal emergency response organization, it shall not be obligated to pay
the additional amount provided by this Section 3.05. Minimum qualifications would include meeting
certain standards as defined by applicable OSHA, state regulatory and NFPA Standards that apply to fire
control, emergency management, disaster planning and rescue services as recognized by the Texas
Industrial Fire Training Board, the State Fireman's and Fire Marshal's Association of Texas or equivalent.
The COMPANY will provide equipment, training, and facilities necessary to safely handle all expected
emergencies and properly protect the COMPANY and the community from the adverse effects of an
industrial disaster, which obligation may be satisfied by the COMPANY being a member in good standing
of the Refinery Terminal Fire Company, or its successor. (Calculation: Market Value of Improvements x
15% x City Tax Rate = Fire Protection Fee)
Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which
sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this
Agreement. Such invoice shall be postmarked at least thirty (30) days prior to the Due Date defined in
Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The
calculation shall be made without reference to the exemption for pollution control property in Section
11.31, Texas Property Tax Code, and Article VIII, Section 1-1, Texas Constitution, as same presently exist
or may be hereafter amended, using the Market Value of pollution control equipment certified by NCAD.
In addition, all the amounts shall be calculated without reference to any new tax exemption or any increase
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in an existing tax exemption enacted after January 1, 1995. COMPANY is liable for all payments for
Land, Improvements, and business personal property, whether the individual property is owned by
COMPANY or not, unless the payment obligation for said property has been assigned in a manner that is
compliant with this Agreement including Article 7.
Section 3.07 Payment. The COMPANY agrees to pay to the CITY on or before January 31 of the year
following each year during the term hereof (the "Due Date"), all payments in lieu of tax provided for
hereunder and invoiced by the CITY in accordance with Section 3.06 above, without discount for early
payment. The present ratio of ad valorem tax assessment used by the CITY is one hundred percent (100%)
of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any
subsequent computations hereunder. This Agreement, and the method of determining and fixing the
amount of in lieu of tax payments hereunder, shall be subject to all provisions of law relating to
determination of Market Value and taxation, including, but not limited to, laws relating to rendition,
assessment, equalization and appeal. Any invoiced amounts that are not paid by the Due Date shall be
considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve (12%) per
annum, compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections,
including reasonable attorneys' fees.
Section 3.08 Required Development. The COMPANY agrees that it will Improvements necessary to
operate a cryptocurrency mining operation and/or lease server or rack space for the operation of a
cryptocurrency mining operation must be Placed in Use on all Land on or before December 31, 2023.
Failure to substantially comply with the foregoing requirement will constitute a breach of this Agreement.
If following notice of such breach, COMPANY does not provide either (1) a completion schedule
reasonably acceptable to CITY, or (2) a proposed alternative industrial use for undeveloped tract that is
reasonably acceptable to the CITY within 90days, then the CITY may declare this agreement terminated
and begin annexation proceedings under. Additionally, if COMPANY does provide an acceptable
alternative development within the 90 day period, but does not thereafter diligently pursue such alternative
project and insure that necessary Improvements are Placed in Use within such reasonable time period as
the Parties may agree to, not to exceed two years, following approval of the alternative development, then
the CITY may declare this agreement terminated, and begin annexation proceedings.
Article 4
Section 4.01 Company Failure to Pay/Company Breach. If the COMPANY fails to make a payment
due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the
COMPANY to be performed hereunder, and if such default is not fully corrected within sixty (60) days
after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period,
the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY (where
compliance requires more than 60 days)), the City shall have the option to either (1) declare this
Agreement terminated and immediately commence annexation proceedings and sue to recover all
damages; (2) bill COMPANY and sue to recover 100% of all monies that the CITY would have received
from the COMPANY if it had been within the CITY limits, which includes 100% of all taxes, attorneys'
fees and court costs; or (3) continue this Agreement for its term and collect the payments required
hereunder.
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Section 4.02 Lien. The CITY shall be entitled to and have a tax lien on the Land and Improvements which
may, in the event of default in payment of any sum due hereunder that is not cured in accordance with
Section 4.04 below, be enforced by CITY in the same manner as provided by law and for the collection
of delinquent ad valorem taxes. Additionally, the CITY shall be entitled to and have a contractual lien on
the Land and Improvements which may be foreclosed in the event of such uncured default (1) judicially
or (2) extra judicially in the same manner as a deed of trust under Texas Property Code, and for that
purpose may appoint a trustee or trustees.
Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an
ordinance annexing any of the Land (except with reference to the agreed annexation corridor in Section
1.03), the COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of
the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this
Agreement and from taking any further action in violation of this Agreement. If the COMPANY elects to
pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under
injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by
this Agreement.
Section 4.04 Notice of Default. Notwithstanding anything to the contrary contained herein, in the event
of any breach by the COMPANY of any of the terms or conditions of this Agreement, the CITY shall give
the COMPANY written notice specifying the nature of the alleged default, and manner in which the
alleged default may be satisfactorily cured. Thereafter, the COMPANY will be afforded sixty (60) days
within which to cure the alleged default (or, if cure requires more than 60 days, the COMPANY shall have
the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days, which shall
be deemed to be a cure so long as the COMPANY is diligently pursuing such plan).
Section 4.05 Cumulative Remedies. The remedies provided herein are cumulative, none is in lieu of any
other, and any one or more or combination of the same is available. Each party, in addition to remedies
expressly provided herein is entitled to any and all other remedies available at law or in equity.
Section 4.06 No Waiver of Rights and Remedies. It is expressly understood that if at any time the
COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to
promptly avail itself of the rights and remedies that the CITY may have, will not be considered a waiver
on the part of the CITY; provided that if the CITY within ten (10) years from the date of any default by
the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on
account of such default, then such default is deemed waived.
Further, is expressly understood that if at any time the CITY is in default in any provision of this
Agreement, the failure on the part of the COMPANY to promptly avail itself of the rights and remedies
that the COMPANY may have, will not be considered a waiver on the part of the COMPANY; provided
that if the COMPANY within ten (10) years from the date of any default by the CITY, does not avail itself
of the rights or remedies or elect to terminate this Agreement on account of such default, then such default
is deemed waived.
Section 4.07 Limitation of Liability. To the fullest extent permitted by law, and not withstanding any
other provision of this Agreement, in no event will either party be liable to the other party hereunder for
punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided
however, this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the
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COMPANY any unpaid in lieu of tax payments, late penalties and interest associated therewith, and any
costs of collection including but not limited to attorney fees.
Article 5
Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of
Geographic ID numbers, as available from NCAD or its successor, to be attached hereto and incorporated
herein as Exhibit A. With respect to COMPANY'S acquisition of new land, as described in Section 3.01
F, which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic
ID numbers as available from NCAD or its successor.
Article 6
Section 6.01 Annexation By Another Entity. If any attempt to annex any of the Land owned, used,
occupied, leased, rented or possessed by COMPANY, is made by another municipality, or if the
incorporation of any new municipality should attempt to include within its limits the Land or property,
the CITY shall seek a temporary and permanent injunction against the annexation or incorporation, with
the cooperation of the COMPANY, and shall take any other legal action necessary or advisable under the
circumstances. The cost of the legal action shall be borne equally by the parties hereto; provided, however,
the fees of any special legal counsel shall be paid by the party retaining same.
Section 6.02 Termination. If the CITY and the COMPANY are unsuccessful in obtaining a temporary
injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the
COMPANY shall have the option of (1) terminating this Agreement, effective as of the date of the
annexation or incorporation, or (2) continuing to make the in lieu of tax payment required hereunder. This
option shall be exercised within thirty (30) days after the application for the temporary injunction is
denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future
payments hereunder together with part of the payment for the calendar year in which the annexation or
incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate
interest-bearing escrow account which shall be held by CITY subject to the following:
A. If final judgment (after all appellate review, if any, has been exhausted) is entered denying a
permanent injunction and/or upholding the annexation or incorporation, then all these payments
and accrued interest thereon shall be refunded to the COMPANY; or
B. If final judgment (after all appellate review, if any, has been exhausted) is entered granting a
permanent injunction and/or invalidating the annexation or incorporation, then all the payments
and accrued interest thereon shall be retained for use by the CITY.
Article 7
Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements
to any entity that is not an affiliate of the Company, unless such affiliate will be responsible for payment
hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said sale, and this
Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a
portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A
effective for the calendar year next following the calendar year in which the conveyance occurred. If the
COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for
9
payment hereunder, the COMPANY shall within ninety (90) days give notice to the CITY of said lease,
and this Agreement shall continue in effect as to all Land and Improvements leased.
Section 7.015 Covenant Running with the Land. THIS AGREEMENT SHALL RUN WITH THE
PROPERTY AND A MEMORANDUM OF AGREEMENT SHALL BE RECORDED IN THE REAL
PROPERTY RECORDS OF NUECES COUNTY, TEXAS. THE OWNER AND THE CITY
ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS BINDING UPON THE CITY AND
THE OWNER AND THEIR RESPECTIVE SUCCESSORS, EXECUTORS, HEIRS, AND ASSIGNS,
AS APPLICABLE, FOR THE TERM OF THIS AGREEMENT AND CONSTITUTES A COVENANT
RUNNING WITH THE LAND. ALL SUCCESSIVE FUTURE OWNERS WILL BE TO THE SAME
EXTENT BOUND BY AND WILL HAVE THE SAME RIGHT TO INVOKE AND ENFORCE, THE
PROVISIONS OF THIS AGREEMENT AS THE ORIGINAL SIGNERS OF THIS AGREEMENT.
Section 7.02 Company's Responsibility for Payment. The COMPANY as seller or lessor in a
transaction pursuant to Section 7.01 above, shall remain solely responsible for any payment in lieu of tax
altlibutable to the Land or Improvements sold or leased unless the COMPANY has entered into an
assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which
shall be consented to by the CITY, in which the buyer or Lessee assumes all responsibilities and obligations
under this Agreement as to the purchased or leased Land and/or Improvements. In the event that
COMPANY assigns and payment responsibility to a lessee and COMPANY's lessee fails to make any
required payments after assuming such responsibility, the COMPANY may, after notice in accordance
with Section 4.04, either make the required payments itself or agree to annexation of the Land.
Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is
assigned, the COMPANY shall notify the CITY of such assignment within thirty (30) days. COMPANY
is still responsible for payment under this Agreement until the CITY receives an assignment and
assumption agreement in accordance with Section 7.02 above.
Article 8
Section 8.01 Inurement. This Agreement shall inure to the benefit of and be binding upon the CITY and
the COMPANY, and shall inure to the benefit of and be binding upon the COMPANY'S successors and
assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the
COMPANY sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law,
all or any part of the Land, and the agreements herein contained shall be held to be covenants running
with the Land for so long as this Agreement or any extension thereof remains in force. The word
"affiliates" as used herein shall mean: (1) all companies with respect to which the COMPANY directly or
indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise
control over fifty percent (50%) or more of the stock having the right to vote for the election of directors;
or (2) all corporations (or other entities) controlled by or under common control with the Company as
contemplated by Section 1239(c) of the Internal Revenue Code of 1954, as amended.
Article 9
Section 9.01 Buy Local. COMPANY shall use reasonable efforts to acquire all of its procurements,
including, but not limited to, supplies, materials, equipment, service contracts, construction contracts, and
professional services contracts from businesses located within Nueces and San Patricio Counties, unless
such procurements are not reasonably and competitively available within said area. COMPANY shall not
10
be required to maintain records regarding this requirement other than those noinnally kept in its usual
course of business.
Section 9.02 Water Procurement. COMPANY acknowledges that the CITY provides a regional water
system that is critical to the well-being and economic growth of the entire area and that it is important for
each customer to continue to use the system as its principal source of water. COMPANY agrees to provide
six months written notice of any intent or action to obtain more than ten percent (10%) of its total water
needs from any source other than the CITY.
Article 10
Section 10.01 Severability. In the event any word, phrase, clause, sentence, paragraph, section, article or
other part of this Agreement or the application thereof to any person, firm, corporation or circumstances
shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason,
then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph,
section, article or other part of this Agreement shall be deemed to be independent of and separable from
the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be
affected thereby.
Section 10.02 Entire Agreement. This Agreement constitutes the entire agreement of the parties and
supersedes any and all prior understandings, or oral or written agreements, between the parties respecting
such subject matter, except as otherwise provided in the instruments referenced herein. This Agreement
may be amended only by written instrument signed by all of the parties hereto.
Section 10.03 Notices. Any notice to the COMPANY or the CITY concerning the matters to which this
Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or
the CITY at the appropriate respective addresses set forth below. The COMPANY must notify the CITY
of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City:
With copies to:
Mr. Peter Zanoni
City Manager
City of Corpus Christi
1201 Leopard
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Phone: 361-826-3220
Fax: 361-826-3845
City of Corpus Christi -City Secretary
1201 Leopard
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Phone: 361-826-3105
Fax: 361-826-3113
11
If to Company:
With copies to:
City of Corpus Christi -City Attorney
1201 Leopard
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Phone: 361-826-3360
Fax: 361-826-3239
Mr. Matthew J. Held
Bootstrap Energy, LLC
3838 Oak Lawn Ave., Ste. 100
Dallas, TX 75219
Phone: 310-210-4545
Email: matt.held@bootstrap-energy.com
Brent Stahl
Stahl, Davies, Sewell, Chavarria & Friend, LLP
7320 N. MoPac, Suite 211
Austin, TX 78731
Email bstahl@sbaustinlaw.com
Phone: (512) 652-2946
Section 10.04 Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas. This Agreement is to be performed in Nueces County, Texas.
Section 10.05 Counterparts. This Agreement may be executed in multiple counterparts, each of which
is deemed an original, and all of which taken together, shall constitute but one and the same instrument,
which may be sufficiently evidenced by one counterpart.
Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each
party represents and warrants to the other that its undersigned agents have complete and unrestricted
authority to enter into this Agreement and to obligate and bind such party to all of the terms, covenants
and conditions contained herein.
Section 10.07 Effect of Future Laws. To the extent allowed by the Constitution and laws of the State of
Texas, no subsequent change in the law regarding annexation shall affect the enforceability of this
Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this
Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
12
ENTERED into this day of , 20 .
AI 'EST:
CITY OF CORPUS CHRISTI
Rebecca Huerta, City Secretary Constance P. Sanchez, Chief Financial Officer
LEGAL FORM APPROVED 2 f Yv\Gh , 20 22,
Aimee Alcorn -Reed
Assistant City Attorney
FOR CITY ATTORNEY
CITY OF CORPUS CHRISTI ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on , 20, by
Constance P. Sanchez, Chief Financial Officer of the City of Corpus Christi, a Texas home -rule municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
Printed Name:
My Commission expires:
13
ATTEST: LAND AND IMPROVEMENTS OWNER
Name:
Title:
Bootstrnergy, LLC
By:
Name: Matthew J. Held
Title: Managing Member
'22
LAND AND IMPROVEMENTS OWNER ACKNOWLEDGMENT
THF STA'I'D: OF §
COUNTY OF ! t U P C.PS §
This instrument was acknowledged before me on,1( day of VV\ V (L , 202 -2 --
by Matthew J. Held, as the Managing Member of Bootstrap Energy, LLC, a Texas Limited
Liability Company, on behalf of said company.
Given under my hand and seal of office thil' day of arC A.D., 20 Z- .
Noti�f ublic, State of
Printed Name:
My Commission expires:
14
EXHIBIT A
Geographic ID Number Designated By
Nueces County Appraisal District
Nueces County Appraisal District
Geographic IDs
Confirmed by City
ID
EXHIBIT A
Type
Industrial District Agreement #110
Bootstrap Energy, LLC
Legal Description
EXHIBIT B
Schedule of Value
CITY OF CORPUS CHRISTI
INDUSTRIAL DISTRICT
SCHEDULE OF VALUE
Company Name:
Contact Name:
Telephone:
Address:
Address:
Contract Number
As of 1/1/ 2015
Due 8/31/ 2015
Geographic ID
####-####-#### or
Description
Land
Pre
2007
2007
2008
2009
2010
2011
2012
2013
2014
Total
Total
, a duly authorized official of the above company, do swear that the information provided is accurate
to the best of my knowledge.
Email
Signature of Authorized Official
Printed Name
Sworn to and subscribed before me by on this day of , 20_
(Personalized Seal)
EXHIBIT B - Schedule of Value
Notary Public's Signature
Date
Authorized Official's Title
1 of 1
EXHIBIT C
City Ordinance
Creating Industrial Districts
AN ORDINANCE AUTHORIZING THE REESTABLISHMENT OF LAND
AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF CORPUS CHRISTI, TEXAS AS INDUSTRIAL DISTRICTS; RESERVING
AND PRESERVING ALL RIGHTS, POWERS AND DUTIES OF THE CITY COUNCIL;
AUTHORIZING TRE CITY MANAGER, OR DESIGNEE, TO EXECUTE INDUSTRIAL
DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS
PROPERTY OWNERS LOCATED WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY
WHEREAS, under Texas 1 ocal Government Code Chapter 42, Subchapter 42.044, the
Governing body of any city has the right, power and authority to designate any part of the area
located in its extraterritorial jurisdiction as an Industrial District, and to treat such area from time
to time as such governing body may deem to be in the best interest of the City; and
WHEREAS, included in such rights and powers of the governing body of any city is the
permissive right and power to enter into written agreements with the owner or owners of land in
the extraterritorial jurisdiction of a city to guarantee the continuation of the extraterritorial status
of such land, and immunity from annexation by the city for a period of time, and other such
terms and considerations as the parties might deem appropriate; and
WHEREAS, it is the established policy of the City Council of the City of Corpus Christi,
Texas (the "City"), to adopt reasonable measures permitted by law that will tend to enhance the
economic stability and growth of the City and its environs by attracting the location of new and
the expansion of existing industries therein as being in the best interest of the City and its
citizens; and
WHEREAS, under said policy and the provisions of Section 42.044, Texas Local
Government Code, the City of Corpus Christi has enacted Ordinance No. 15898, approved
November 26, 1980, as amended, indicating its willingness to enter into industrial district
agreements with industries located within its extraterritorial jurisdiction and designating the
specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi
Industrial Development Area No. 2; and
WHEREAS, in order to correct certain boundary issues, the City Council desires to
reestablished the boundaries of the land areas known as Corpus Christi Industrial Development
Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas
"Industrial District No. 1" and "Industrial District No. 2"; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. The findings contained in the preamble of this Ordinance are determined to
be true and correct and arc hereby adopted as a part of this Ordinance.
EXHIBIT C - City Ordinance
INDEXED
SECTION 2. Industrial District 1 and Industrial District 2 are herby established as
described in Exhibit A attached hereto and incorporated herein.
SECTION 3. The City may create new Industrial Districts, and expand or diminish the
sin of any Industrial District and the City hereby reserves all rights and powers it may have or
acquire to revoke in whole or in part the creation of all or any part of an Industrial District,
except to the extent that it has agreed not to do so in any industrial district agreement.
SECTION 4. The City Council approves and authorizes the entering of contractual
obligations with property owners in within the extraterritorial jurisdiction of the City in
substantially the form as shown in the document which is attached hereto and incorporated
herein as Exhibit B. The City Manager, or his designee, is hereby authorized to execute such
documents and all related documents on behalf of the City of Corpus Christi. The City Secretary
is hereby authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
ATTEST:
OF CORPUS CHRISTI
Armando Chapa j/ Nelda Martinez
City Secretary Mayor
That 9te , oregoing ce as -. d for the fust time and passed to its second reading on this
the 10 day of i,: � , • y the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
EXHIBIT C - City Ordinance
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
That thin ordin e was read for the second time and passed finally on this the 1 f
day ofJe• +' . by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
u
PASSED AND APPROVED, this the [1 th day of
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
ATTEST:
i'f4)rn
Armando Chapa
City Secretary
EXHIBIT C - City Ordinance
029958
EXHIBIT A
Boundaries of Industrial District 1 and Industrial District 2
EXHIBIT C - City Ordinance
Corpus Christi Industrial District No. 1
Approximately 9,775 Aaes within Nueces County, Texas, outside the city limits of the City of Corpus
Christi and generally bounded on the sautfiwest by the northeast right-of-way of Interstate Highway No.
37, on the north by the south shoreline of the Nueces River and Nueces Bay, on the West by the East
right-of-way of Carbon Plant Road (Joe Fulton Corridor) from interstate Highway No. 37 to McKlnzie
Lane and the north right-of-way of Mckinzie Lane from the east right-of-way of Carbon Plant Road to the
east property fine of the City's Allison Wastewater Treatment Plant and along the east property line of
the City's Allison Wastewater plant from McKinz a Lane to the Nueces River.
1) BEGINNING at the northeast comer of Tract "B", Nueces View Tracts as recorded in Volume 28,
Page 64 of the Map Records of Nueces County, TX , same being the northeast corner of the
City's Allison Wastewater Treatment Plant;
2) THENCE In an easterly direction with the meanders of the south shoreline of the Nueces River
and Nueces Bay to the northwest toner of Block 1, Lot 150 of the Porto Bello subdivision as
recorded in Volume 47, Pages 144-145 of the Map Records of Nueces County, Texas
3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivisbn to the
southwesterly corner of Lot 1, Block 1;
4) THENCE southeasterly along the southerly boundary line of said let 1 to the current City Limits
of the City of Corpus Christi:
5) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue "F"
intersects the northerly right-of-way line of Burleson Street;
6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly
boundary line of Lot 1, Block 3.74 of the Brooklyn Addition as recorded In Volume A, Page 32 of
the Map Records of Nuaces County, Texas;
7) THENCE northeasterly through said Block 174 to the northwesterly corner of Lot 11:
8) THENCE southeasterly along the northeasterly boundary line of said tot 11 to the northeasterly
corner thereof;
9) THENCE northeasterly along the northwesterly right-of-way line of Avenue "H' to a point on the
northerly boundary line of a 6.19 Aae Tract of land known as Tract "A' of the Brooklyn Acreage:
10) THENCE northwesterly along the northeasterly boundary of said Tract "A' to the northwesterly
corner thereof•,
11) THENCE southwesterly along the westerly boundary of said Tract "A" and the continuation
thereof to the southerly right -of -my of Burleson Street;
EXHIBIT C - City Ordinance
12) THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of
Avenue "F";
13) THENCE southwesterly along the centerline of said Avenue "r and the extension thereof to a
point on the original City limit line as surveyed by C. F. H. Von Blucher In August,1883;
14) THENCE westerly along said original City Umit One to the northwest corner thereof,
15) THENCE southerly continuing along said original City limit line to the north corner of a 13.602
acre tract annexed by City Ordinance 11022441;
16) THENCEaround said 13.602 acre tract:
S31'41'45'W a distance of 125734' to a point on the northwesterly right-of-way line of the
Missouri Padfic railroad;
561'27'47'1E along said right-of-way a distance of 290.36'
561'23'34"E continuing along said right-of-way a distance of 175.07'
531'15'00'W crossing said right-of-way a distance of 130.06' to a point;
561'23'30'E a distance of 87.35' to a point;
531'41'45"W a distance of 159.95' to a point;
SS8'16'1S'E a distance of 416.24' to a point on said original City limits;
17) THENCE southerly continuing along saki original City limit Ilne to the north comer of a 0.0018
acre tract annexed by City Ordinance 4022441;
18) THENCE around said 0.0018 acre tract:
527"34'30"W a distance of 16.58' to a point;
S58'18'14"E a distance of 9.37' to a point on said original City limits;
19) THENCE southerly continuing along said original Oty Unlit line to a point an the northwesterly
right-of-way line of Nueces Bay Boulevard;
20) THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the
easterly corner of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records
of Nueces County, Texas;
21) THENCE around said Tract 1:
N55'SS'12"W a distance of 300.09' to a point at the northerly corner thereof;
S31'15'00"W a distance *1171.131' to an angle point therein;
534'59'12"W a distance of 98.43' to a point at the westerly comer thereof, being on the
northeasterly boundary line of the Baymoor Addition as recorded in Volume 4, Page 42 of the
Map Records of Nueces County, Texas;
22) THENCE northwest along the northeasterly boundary line of said Baymaor Additbn to the
northwest comer of tot 205, same point being a northerly comer of Tract "H" of the Pontiac
Tracts as recorded In Volume SS, Page 135 of the Map Records of Nueces County, Texas;
23) THENCE 522'42'30'W along said Tract "H" a distance of 31,49' to an angle point therein;
EXHIBIT C - City Ordinance
24) THENCE northwesterly grossing Buddy Lawrence Drive and Oak Park Avenue to a point on the
northeasterly boundary line of Lot 7, 8bck 2 of Oak Lawn Addition as recorded in Volume 5,
Page 27 tithe Map Records of Nueces County, Teras, same point being at the southeast
terminus of Hades Street as shown on Plat of HarborView Estates recorded In Volume 5, Page
48 of the Map Records of Nueces County, Texas;
2s) THEt4CE northeasterly along the easterly boundary line of said Harbor View Estates to the
northeasterly comer thereof,
26) THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the
extension thereof, partially along the centerline of Gibson Street, to a point on the west right-of-
way Ina of Poth Lane;
27) THENCE northeasterly along the west right-of-way line of Path Lane to the northeasterly corner
of bnd of Magellan Terminal Holdings, LP as described in Documents 12004020907 and
41999033783 of the Omdal Public Records of Nueces County, Texas;
28) THENCE northwesterly along the northeasterly boundary lino of said Magellan Terminal
Holdings LP to a point on the southerly right-of-way line of the Missouri Paclfc Railroad;
29) THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line
of said Magellan Terminal Holdings, LP to a polnt
30) THENCE southwesterly -along die westerly boundary line of said Magellan Terminal Holdings, LP
to a point where the northwesterly boundary line of Country Club Place as recorded in Volume
4, Page 3 of the Map Records of Nueces County, Texas, meets the northerly right-of-way fine of
Interstate Highway 37;
31) THENCE northwesterly along said northerly right-of-way to Its intersection with the
northeasterly right-of-way Nne of Up River Road (Shen Road);
32) THENCE northwesterly along said northeasterly fight -of -way of Up River Road to the
southeasterly comer of Lot 3, Navigation Heights Annex 43 as recorded in Vaiume 40, Page 119
of the Map Records of Nueces County, Texas;
33) THENCE around said Lot 3:
N36'17'20"E a distance of 177.95' to a point at the northeasterly comer thereof;
N53'3810''W a distance of 186.97' to the northwesterly comer thereof;
518'33'30*W a distance of 17657' to the northeasterly right-of-way of Up River Road;
34) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the
easterly right-of-way line of Cantwell Lane;
35) THENCE northeasterly along sald easterly right-of-way to its intersection with the extension of
the northerly boundary line of a 3.37 Acre tract of land out of share 3A of the Kaler Tract 1"
(unrecorded plat)
EXHIBIT C - City Ordinance
36) THENCEnorthwesteriy across said right-of-way and along the northerly boundary line of said
337 Acre Tract (tax 103875-0003-0140) to the northwesterly corner thereof;
37) THENCE southwesterly along the westerly boundary One of said 337 Acre Tract and of Share 2A,
F. H. Kaler Partition as shown on plat thereof recorded in Volume 9, Page 58 of the Map Records
of Nueces County, Texas, to a point on the northeasterly right-of-way line of Up River Road;
38) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the
easterly extension of a right-of-way to a 1 Acre tract of land out of tot 1, Block 1, Coastal
Javelin Addition as recorded in Volume 54, Page 56 of the Map Records of Nueces County,
Texas, said 1 Acre tract described by metes and bounds in City Ordinance 4028451;
39) THENCE southwesterly across said Up River Road and along said easterly right-of-way Ilne to the
north boundary line of said 1 Acre tract (not platted, see tax ID 1661-0001.0012 and Document
82013013372 of the Official Public Records of Nueces County, Texas);
40) THENCE easterly, southerly, westerly, and northerly around said 1 Acre tract to the southerly
right-of-way serving said tract;
41) THENCE westerly along said southerly right-of-way line to the west boundary line of said lot 1,
Block 1;
42) THENCE northeasterly along said west boundary fine of said Lot 1. Nock 1 and the extension
thereof to a point on the northeasterly right-of-way Ina of Up River Road;
43) THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the
westerly extension of the right-of-way line of County Road 52A;
44) THENCE southwesterly, across said Up River Road and along said westerly right -of --way line of
County Road S2A to its terminus;
45) THENCE southeasterly along said right -of --way and along the southerly boundary of a 13.23 Acre
tract out of the Ohier Tract of the Dunn Tract and described in Document 42004014391 of the
Official Public Records of Nueces County, Texas, to a point on the northwesterly boundary line
of Block 8, Academy Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of
Nueces County, Texas;
46) THPICE southwesterly along said northwesterly boundary One of Academy Heights Unit 1 and
along the northwesterly boundary line of Academy Heights Unit 2 as recorded In Volume 42,
Page 188 of the Map records of Nueces County, Texas to a point on the northerly right-of-way
line of Interstate Highway 37;
47) THENCE northwesterly along saki right-of-way line of interstate Highway 37 to the southeasterly
boundary line of Lot 1, Block 3 of the interstate Industrial Complex as recorded In Volume 32,
Page 36 of the Map Recoded of Nueces County, Texas;
48) THENCE around said Lot 1:
N00'39'47"E a distance of 3013.00' to a point at the northeasterly comer thereof;
EXHIBIT C - City Ordinance
NBO'S1'25"w a distance of 519.65' to the northwesterly corner thereof•.
500°44'41"W along the east right-of-way of Corn Products Road a distance of 200.00' to the
northerty right-of-way of Interstate Highway 37;
49) THENCE northwesterly crossing said Corn Products Road and continuing along said right-of-way
One of Interstate Highway 37 to the southwesterly boundary One of tot 15, Block 1 of the
Interstate Industrial Complex Unit 1 as recorded in Volume 34, Page 24 of the Map Receded of
Nueces County, Texas;
50) THENCE northwesterly/Acing the east richt-of way line of Convict Boulevard to the
southwesterly boundary One of Lot 16, Block 1 of said Interstate Industrial Complex;
51) THENCE northeasterly along the southeasterly boundary One of said Lot 16 to the southeast
corner thereof;
52) THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of lot 19;
53) THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a
point on the west right-of-way themo
54) THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly
right-of-way of Interstate Highway 37;
55) THENCE northwesterly along said right-of-way line of interstate Highway 37 to the easterly
right-of-way of Southern Minerals Road;
56) THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly
right-of-way fine of Up River Road;
57) THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly
comer of lot 1, Block 1 of the Missouri Pacific Industrial Area as Recorded In Volume 52, Page 83
of the Map Records of Nueces County, Texas;
58) THENCE around said lot 1:
501526'W a distance of 437.96' to a point at the southwesterly corner thereof;
554'44'47E a distance of 172.72' to the southeasterly corner thereof
N01'26'W a distance of 507.96' to a point on the south right-of-way line of Up River Road;
59) THENCE southeasterly along the south right-of-way One of Up River Road to the northwesterly
corner a f a 3.75 Acre tract of land described to Document 0200100777 of the Of Iciai Public
Records of Nueces County, Texas;
60) THENCE around said tract southerly, southeasterly, and northerly, crossing Up River Road to a
point on the north right-of-way thereof;
61) THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of
the west right-of-way One of Southern Minerals Road;
EXHIBIT C - City Ordinance
62) THRICE southerly along the west right-of-way of Southern Minerals Road to a point on the
northerly right-of-way of Interstate Highway 37;
63) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southerly
corner of Lot 7, Block 1, Goldston Addition as Recorded In Volume 55, Page 87 of the Map
Records of Nueces County, Texas;
64) THENCE around said tot 7 northerly, westerly, and southerly to a point on the north right-of-
way line of Interstate Highway 37;
65) THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly
right-of-way line of Hunter Road;
66) THENCE northerly along the east right-of-way One of Hunter Road to the southwesterly corner
of a tract of land described In Document 12012022560 of the Official Public Records of Nueces
County, Texas (Tax 30 0272-0100-0300);
67) THENCE easterly along the south boundary One of said tract to the southeast corner thereof•,
68) THENCE northerly along the east boundary line of said tract and along the east boundary One of
a tract of sand described in Document N2012022560 of the Official Publk Records of Nueces
County, Texas (Tacit) 0272-0100-0200
69) THENCE northwesterly and westerly along the north boundary line of said tract to the east right-
of-way line of Hunter Road;
70) THENCE northerly along the east right-of-way line of Hunter Road to Its intersection with the
south right-of-way line of Up River Road;
71) THENCE southeasterly along the south right-of-way One of Up River Road to the northwest
comer of tot 3, P. V. Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces
County, Texas;
72) THENCE southwesterly along the west boundary One of said Lot 3 to the southwest corner
thereof;
73) THENCE southeasterly along the southwest boundary line of said tract and along the southwest
boundary line of a tract of land described In Document 12012022560 of the Official Public
Records of Nueces County, Texas (Tax ID 0272-0100.0000);
74) THENCE easterly along the southerly boundary One of boundary One of a tract of land described
in Document 02012022560 of the Official Public Records of Nueces County, Texas (Tax ID 0272-
0100-0400}
75) THRICE northerly along the east boundary line of said tract and crossing Up River Road to a
point on the north right-of-way thereof;
EXHIBIT C - City Ordinance
76) THENCE northwesterly along the north right-of-way One of Up River Road to Its intersection of
the west right-of-way line of Hunter Road;
77) THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road
to its intersection with the north right-of-way One of Interstate Highway 37;
78) THENCE northwesterly along said right-of-way One of Interstate Highway 37 to the southeast
corner of tat 1, Biotk 1, Hunter industrial Park as recorded in Volume 43, Page 128 of the Map
Records of Nueces County, Texas;
79) THENCE northerly along the east boundary line of said Lot 1 to Its Intersection with the south
right-of-way line of Up River Road;
80) THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of
the west right-of-way One of Suntide Road;
81) THENCE northwesterly crossing Up River Road to the Intersection of the west right-of-way IncI
of 5untide Road meets the north right-of-way of Up River Road;
82) THENCE southeasterly crossingSuntide Road to the Intersection of the east right -of --way line of
Suntide Road meets the north right-of-way of Up River Road;
83) THENCE northerly along the east right-of-way Ane of 5untide Road to the southwest corner of an
unpiatted tract of land described in Document 0946716 of the Official Public Records of Nueces
County, Texas (Tax 100267.0002-0000);
84) THENCE around said tract easterly, northerly, and westerly crossing Suntide road to a point on
the west right-of-way line thereof;
85) THENCE southerly along the west right-of-way One of 5untide Road to the northeast corner of
West End Heights as recorded in Volume 15, Page 4 of the Map Records of Nueces County,
Texas,
86) THENCE around said West End Heights:
589"35'W a distance of 57433' to a point at the northwest corner thereat
500'251 a distance of 927.92' to the southwest corner thereof, being on the northeast right-of-
way of Up River Road;
87) THENCE southeasterly along the northeast right-of-way One of Up River Road to the extension of
the easterly boundary line of an unpinned tract of land described in Document 02010040428 of
the Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3715);
88) THENCE southerly, crossing said Up River Road, and along the east boundary One of said
unpiatted tact to the southeast corner thereof;
89) THENCE northwesterly along the southwest boundary line of said unplatted tract and of an
unpiatted tract of land described In Document 0978850 of the Official Public Records of Nunes
County, Texas (Tax 107946.0000-3710) to the southwest corner thereof;
EXHIBIT C - City Ordinance
90) THENCE northerly along the west toundary line of said tract and the east boundary line of
Tuloso Road Subdivision as recorded In Volume 13, Pap 23 of the Map Reoorrds of Nueces
County, Texas to the northeasterly comer thereof;
91) THENCE northeasterly crossing Up River road to the southeasterly comer of an unpiatted tract
of land described to Document 12010040428 of the Official Public Records of Nueces County,
Texas (Tax ID 0265-0040-0100) to the southeast corner thereof;
92) THENCE northwesterly along the northeasterly right-of-way of Up River Road to Its Intersection
with the northerly extension of the westerly right-of-way of Tulaso Road;
93) THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1. Block 1,
Covington Industrial Tracts recorded In Volume 46. Page 11 of the Map Records of Nueces
County, Texas;
94) THENCE around said Covington Industrial Tract:
500"03'14"W along the westerly right-of-way line of Tuloso Road a distance of 487.74' to a point
at the southeasterly comer thereof;
N66'08'W a distance of 363.81' to the southwesterly corner thereof;
N00603'141 a distance of 505.18' to a point on the southeasterly right-of-way of Up River Road;
95) THENCE northwesterly along the southeast right-of-way line of Up River Road to the
northeasterly corner of an unplatted tract of land described in Document 52010040428 of the
Official Public Records of Nueces County, Texas (Tax ID 7946-0000-3920);
96) THENCE southerly along the easterly boundary line of said unplatted tract to the southeast
corner thereof;
97) THENCE northwesterly along the southwest boundary Ilne of said unplatted tract and of an
unplatted tract of land described in Document 12010040428 of the Official Public Records of
Nueces County, Texas (Tax ID 7946-0000-0410) to the southwest corner thereof;
911) THENCE southerly along the easterly boundary One of an unplatted tract of land described in
Document 12004031460 of the Official Public Records of Nueces County, Texas (Tax ID 7946-
00003641) to the southeast corner thereof;
99) THENCE northwesterly along the northeasterly right-of-way of interstate Highway 37 and the
southwest boundary line of said unplatted tract to the southwesterly comer thereof;
100) THENCE northerly along the westerly boundary line of said unplatted tract and of an
unpietted tract of land described in Document 57004031460 of the Official Public Records of
Nueces County, Texas (Tax ID 7946-0000-4030) to the northwest comer thereof,
101) THENCE northwesterly along the southeast right-of-way line of Up River Road to the
northeasterly comer of an unplatted tract of land described in Document 12007056023 of the
Official Public Records of Nueces County. Texas (Tax ID 79460000.3505);
EXHIBIT C - City Ordinance
102) THENCE southerly along the easterly boundary line of said unplatted tract to the
southeast corner thereof;
103) THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37
and the southwest boundary One of said unplatted tract and of an unplatted tract of land
described In Document N20070S6023 of the Ofiidal Public Records of Nueces County, Texas (Tex
ID 79460000-3510) and of an unplatted tract of land described in Document N2010040428 of
the Official Public Records of Nueces County, Texas (Tax ID 8057-0000-0011) to the southwest
corner thereof,
104) THENCE northerly along the westerly boundary line of said unplatted tract and of an
unplatted tract of land daubed In Document N2010040428 of the Ofdai Public Records of
Nueces County, Texas (Tax ID 8057-0000.0100) and of an unplatted tract of land described In
Document N2010040428 of the Offload PubUc Records of Nueces County, Texas (Tax ID 8057-
0000-0010) to the northwest corner thereof;
10S) THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way
line of Renfrow lane;
106) THENCE northeasterly along the westerly right-of-way One of said Renfrow lane to its
Intersection with northeasterly corner of an unplatted tract of land described in Document
N2010040428 of the Offidai Pubik Records of Nuecas County, Texas (Tax ID 0271-0042-0000);
107) THENCE westerly, southwesterly, northwesterly, and southwesterly to a point on the
northeast right-of-way of Up River Road;
108) THENCE northwesterly along the northeast right-of-way One of Up River Road to the
southeasterly corner of lot 1, Slack 1, Tecolote Tract as recorded in Volume S5, Page 100 of the
Map Records of Nueces County, Texas;
109) THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner
of an unplatted tract of land described In Document e7.010040428 of the Official Public Records
of Nueces County, Texas (Tax 100266-0140-0100);
1.10) THENCE easterly, northeasterly, westerly and southerly to the northeast corner of said
Tecolote Tract
171) THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an
unplatted tract of lard described In Document N2010040428 of the Offload Public Records of
Nueces County, Texas (Tax ID 0266-0010-0305) to the northwest corner thereof,
112) THENCE southerly along the westerly boundary line of said unplatted lot to a point on
the northeast right-of-way of Up River Road;
113) THENCE northwesterly along the northeast right-of-way One of Up River Road to Its
Intersection with the westerly right-of-way line of Heams Ferry Road;
EXHIBIT C - City Ordinance
114) THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to
the northeast corner of tnt 7, Awkerman Garden Lots as recorded In Volume 4, Page 38 of the
Map Records of Nueces County, Texas;
115) THENCE southery along the easterly boundary line of said Lot 7 to a point on the
northeast right-of-way line of up River Road;
116) THENCE northwesterly along the northeast right-of-way line of Up River Road to the
southwesterly corner of Lot 6 of said Awkerman Garden Lots;
117) THENCE northerly along the westerly boundary tine of said Lot 6 In a paint on the
southwest right -of way line of Hearns Ferry Road;
118) THENCE northwesterly along the southwest right-of-way Zine of Hearns Ferry Road to
the northerly boundary tine of the said Awkerman Garden Lots;
119) THENCE westerly along the north boundary One of the said Awkerman Garden Lots and
the extension thereof to a point on the northeasterly right-of-way line of Up River Road where It
meets Interstate Highway 37;
120) THENCE northwesterly along the northeast right of -way line of interstate Highway 37 to
the southeasterly boundary line of an unplatted tract of land described in Document
02010040428 of the Official Public Records of Nueces County, Texas (Tax ID 0268.0090-0500);
121) THENCE around said unplatted tract northerly, northwesterly, southwesterly, and
southerly to a point on the northeasterly right-of-way of interstate Highway 37;
122) THENCE northwesterly along the northeast right-of-way line of interstate Highway 37 to
the southeasterly boundary One of an unplatted tract of land described In Document
N2008047494 of the Official Public Records of Nueces County, Texas (Tax ID 0268-0060-0003);
123) THENCE around said unplatted tract northeasterly, westerly, southwesterly, and
southeasterly to a point on the northeasterly right-of-way of Interstate Highway 37;
124) THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to
its Intersection with the easterly right-of-way One of Carbon Plant Road (Joe Fulton Corridor);
125) THENCE northeasterly abng the southeast right-of-way Ilne of Carbon Plant Road (Joe
Fulton Corridor) to Its intersection with the northerly right-of-way line of Mckinzie Lane;
126) THENCE northwesterly along the northeast right-of-way One of Mckinzie Lane to Its
intersection with the southeasterly comer of the Allison Wastewater Treatment Plant;
127) THENCE northerly along the easterly property line of the Allison Wastewater Treatment
Plant to the south shoreline of the Nueces River and Point of Beginning and containing 9,775
Acres more of less:
Together with 3 island parcels described as follows:
EXHIBIT C - City Ordinance
Area 1
2.73 sues out of Lot 2, Block 1, 5tateway Subdivision as recorded in Volume 38, Page 80 of the Map
Records of Nueces County, Texas. Said 2.73 Acres being further described In Ooarment #2011026606 of
the Official Public Records of Nueces County, Texas.
Areal:
Beginning at the southeast corner of Lot 1, Block 1, Stateway Subdivision as recorded in Volume 38,
Page 12 of the Map Records of Nuecas County, Texas;
THENCE North 49937' along the easterly boundary of said Lot 1 to the northeast corner thereof,
THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of-
way
ight-ofway line ofClarkwood Road;
THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way
line of interstate Highway 37;
THENCE northwesterly along the northeasterly right-of-way One of interstate Highway 37 to the Point of
Beginning;
Area 3:
Lot 1, Block 1, Meaney industrial Tracts as recorded in Volume 46, Page 180 of the Map Records of
Nueces County, Texas;
This document was prepared under 22 TAC3663.21, does not reflect the results of an on the ground
survey, and Is not to be used to convey or establish interests in real property except those rights and
Interests implied or established by the station or reconfiguration of the boundary of the politir3l
subdivision for which It was prepared.
Russell D. Ochs
R.P.LS. #5241
EXHIBIT C - City Ordinance
q -5-2.x13
- Jueui' 10 ?J - J 1IgIHX
INDUSTRIAL DISTRICT NO. 1
CITY of CORPUS CHRISTI, TEXAS
Department of Engineering Services
Survey Divls/on
•3U uh'1O ID - 0 IIIIIHX I
INDUSTRIAL DISTRICT NO. 1
fi CITY of CORPUS CHRISTI, TEXAS
Deportment of Engineering Services
Survey Divbion
WOWOZO
Ddr 9/1/201] I *abed 6'
Drawn gr Prv%Kk MN
S'1Err 2 O/ 2
KAIDepOnoorinotSurroUlly d CC-Atk STwts‘Dof lAdwy
Corpus Christi Industrial District No. 2
Approxknately 4,157 acres of land w3hin Nueces County, Texas, outside the city limits of the City of Corpus Christi
and generally bounded on the south by the existing north right-of-way line of State Highway No. 44; on the west
by the east right-of-way of Farm to Market Road 1694 (Calecoatte Road), from State Highway No. 44 to Swetllck
Road (County Road 44); on the north by the south right-of-way Swetlick Road, from Farm to Market Road 1694 to
Farm to Market Road 24 (Violet Road) and on the east right-of-way Inc of Fenn to Market Road 24, from Swetlick
Road to the north property line of Equistar Chemicals tP, extended westerly to Fartn to Market Road 24; an the
north by the north property line of Equistar Chetnirais LP extended from Farm to Market Road 24 to and along the
north property line of EquistarChemlcab LP and extended easterly to the present city limit line and on the east by
the present city Iknit Ine and the easterly right-of-way line of Rand Morgan Road and being more fully described
as foilawm
Beginning et the intersection of the existing north right -of way line of State Highway 44 with the existing east
right-of-way line of Farre to Market Road No.1694 (Collimate Road) for the southwest corner of a 15 ave tract
out Lot 4 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16, Map Records of Nueces County,
Texas), described in Document No. 2007036659 of the Official Public Records of Nueces County, Texas (Tax ID
0376-00000400) and for the southwest comer of this District;
THENCE, In a northerly direction, with the east right-of-way of Farm to Market Road No.1694 (CafBcoatte Road),
approximately 8,785 feet to the intersection of said east right-of-way line of Farm to Market Road No.1694
(Cafllcoatte Road) with the south right-of-way line of Swedick Road (County Road No. 44), for the northwest
comer of a 4.88 acre tract out of lot 25 of the W.B. Baker Subdivision of the Cody Partition (Volume 2, Page 16,
Map Records of Nueces County, Texas), described In Document No. 2012000442 of the Official Public Records of
Nueces County. Texas (Tax 10 0376.00004508) and for the northwest corner of this District;
THENCE, in an easterly direction, with the south right-of-way line of Swedick Road (County Road No. 44), at
approximately 5,144 feet pass the northeast corner of a 153.4117 acne tract out of lots 22 thru 25 of the W.B.
Biker Subdivision of the Cody Partition (Volare 2, Page 16, Map Records of Nueces County, Texas), described in
Document No. 20010158-/41/ of the Official Public Records of Nueces County. Texas (Tax ID 0376-0000-2210) and
the westerly right-of-way of said Farm to Market Road No. 24 (Violet Road) and continuing in an easterly direction
to the east right of --way of said Farm to Market Road No. 24 (Violet Road) for an interior corner of this District;
THENCE, in a northerly direction, with the east right-of-way of said Farm to Market Road No. 24 (Violet Road),
same being the west boundary of the Equistar Chemicals, LP 131.49 acre tract, being out of Assessors Map 239,
described in Document No. 2005033213, Offrdal Public Records of Nueces County, Texas (Tax 10 02700040-
0000), a distance of approximately 2265.0 feet for the northwest comer of said Equlstar Chemicals, LP 131.49 acre
tract and for comer of thls District~
EXHIBIT C - City Ordinance
THENCE, in an easterly direction, with the north boundary of said Equistar Chemicals, LP 131.49 acre tract and the
north boundary of the Equistar Chemicals, LP 333.74 acre tract, being out of Assessors Map 145 and out of Tract
12, Survey 412 of the Charles Land, Abstract 854, said 333.74 acre tract described to Document No. 19980376-
/30h Official Public Records of Nueces County, Texas (Tax ID 0276-01200000), a distance of approximately 6,050
feet to the intersection of the north boundary line of said 333.74 acre with the City of Corpus Christi dty limits
line, for the northeast comer of this District;
THENCE, in a southeasterly direction, with the above-mentioned City of Corpus Christi city limits line, at
approximately 4,840 feet pass the approximate center of McKinzie Road and continuing in a southeasterly
direction, with the above-mentioned City of Corpus Christi city limits line, a total distance of approximately 15,290
feet to the intersection of said dty limits line with the existing west right-of-way of Rand Morgan Road. same
being the east boundary of a 187.47 age tract out of Lots 1 thru 4, Block 403 of the Rowena Shaefer Land
(Volume 3, Page 17, Map Records of Nueces County, Texas), described In Document No. 2008044422, Official
Pubik Records of Nueces County, Texas (Tax ID 7911-0000-0210) and for a comer of this District;
THENCE, in a southerly direction, with the existing west boundary of said Rand Morgan Road, same being the east
boundary of said 187.47 acre tract, a distance of approximately 645 feet to the intersection of said west boundary
of Rand Morgan Road with the exlstfng north right-of-way line of State Highway 44 for the southeast comer of
sa1d187.47 age tract and for the southeast comer of this District;
THEINCE, in a westerly direction, with the existing north boundary of State Highway 44, at approximately 7,900
feet pass the approximate center of MdCMtie Road, at approximately 18,100 feet pass the approximate center of
Farm to Market Road 24 (Violet Road), in sit a total approximate distance of 23,208 feet to the Point of Beginning
and containing approximately 4,157 acres of land.
This document was prepared under 22 TAC8663.21, does not reflect the results of an on the ground survey, and is
not to be used to convey or establish Interests In real property except those rights and Interests Irnplled or
established by the c eatfon or reconfiguration of the boundary of the political subdivision for which It was
prepared.
awj D off,
Russell D. Ochs
R.P.L.S. a5241
EXHIBIT C - City Ordinance
RUSSELL D. OCHS
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INDUSTRIAL DISTRICT NO. 2
11012100
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Ir
CITY of CORPUS CHRISTI, TEXAS
Department of Engineering Services
Survey Division
Oete: 9/S/2Or. ChecLed
pyo 5j,; • Pr111icr: 33029
SHEET 1 OF 1
K:iEtelrl 7gtiS1JI1W' aly et/ C -iUe Shrebtiarl?Ad.y
EXHIBIT B
IndustrlaI District Agreement
Intentionally not included
EXHIBIT C - City Ordinance