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HomeMy WebLinkAbout93-IDA-16 e e \. I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the II extent that9~~U~e~~s69~ers the Land leased by Company and its~A1 ~~ assigns~nless and un€~l the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of city, shall be immune from annexation by city during the term hereof (except as hereinafter provided) and shall have no right to' have extended to it any services by city, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that city shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were no~ subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed. by --City, Company agrees to render and pay full ci ty ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" paYments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at city's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" paYment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris county Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 --. e e property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 1994, and on or before each April 15th thereafter, unless an extension is granted. in accordance with the Texas property Tax Code, through and including April 15, 2000, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value,' and being sworn to by an authorized officer of the Company authorized to do so, or company's duly authorized agent, (the company's "Rendition"). Company may file such Rendit~on on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this paragraph III (sometimes collectively called the "Property"). A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to city a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 1994, or 30 days from mailing of tax bill and in like.manner on or before each December 31st thereafter, through and including December 31, 2000, Company shall pay to City an amount "in lieu of taxes" on company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. (a) Fifty percent (50%) of the amount of ad valorem taxes.which would be payable to City if all of the company's Land and improvements which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City'S independent appraiser; and (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the company's Land and improvements which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of city and appraised each year by 3 -- e e city's independent appraiser; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate lintits of city and appraised by city' s independent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 1993; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property values have depreciated below the value established on January 1, 1993, an amount equal to the amount of the 4epreciation will be removea from this calculation to restore the value to the January 1, 1993, value; and 3. (a) Fifty-percent (50%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by the city's independent appraiser; (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the company' s tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items 4 e e \ of leased equipment, . railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City.and appraised each year by the city's independent appraiser. wi th the sum of 1, 2 and 3 reduced by the amount of ci ty 's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a p~riod beginning on the 1st day of January, 1994, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, city shall have the right to commence immediate annexation proceedings as to all of company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agree~ent between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris county Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to 5 e e \, C1ty on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes n on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the city or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to city of any additional paymen~ due hereunder based on such fi~al valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by city pursuant to Article II above (which shall be given in writing to company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controliing for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of company's property for "in, lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submi t the dispute to f inal arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company I s valuations rendered and/ or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by city, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution 6 e e . of the difference between the parties as to the fair market value of company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and,shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised civil statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. city shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payinents hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon Ci1;:y and Company, and upon company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to.it within the territory hereinabove described, and the K agreements herein contained shall be held to be covenants running CoAl' with the land leased by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give city written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other la~downer with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs city of La Porte, civil Action H-89-3969, United States District Court, Southern District of Texas. 7 . e \ X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other. part of the 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. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 1994. FrllY" <!..,{)U. (COMPANY) Name: Title: Address: By: AS: ~ City Secretary ~ APPlZ1tJ ~ Knox W. Askins city Attorney city of La Porte P.O. Box 1218 La Porte, TX 77572-1218 ~ LA PORTE BY:. ~~/~ rman L. Malo Mayor By: c:1<l~ T. ~ Robert T. Herrera city Manager CITY OF LA PORTE P.O. Box 1115 La porte, TX 77572-1115 Phone: (713) 471-1886 Fax: (713) 471-2047 8 e . -. ETHYL CORPORATION Houston Plant December 17, 1993 Mr. Robert T. Herrera City Manager City of La Porte p, O. Box 1115 La Porte, TX 77572-1115 Dear Mr, Herrera: Attached please find two signed originals of the Industrial District Agreement between the City of La Porte and Ethyl Corporation. for further action by the City. As discussed in our letter of intent. this agreement has been modified as necessary to reflect that we lease the land but own the installed assets. If you should have any questions, please feel free to call me at 713/740-1159. Yours very truly, ~THYL C7~~ ~. Stockdale Plant Controller Ethyl Corporation, P. O. Box 472, Pasadena. Texas 77501-0472 . -- e . ETHYL CORPORATION HOUSTON PLANT October 29, 1993 PLEASE ADDRESS REPLY .TO: -BOX 471 PASADENA, TEXAS 77501 Re: City of La Porte Proposed Industrial District Agreement, Dated October 22, 1993 Dear Mr. Herrera: RECEIVED NOV 2 1993 Ct ry MANAGERS OFFICE Mr. Robert T. Herrera [Fax No. (713) 471-7168] City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 Ethyl Corporation has received and reviewed the City of La Porte's proposed industrial district agreement dated October 22, 1993, for the term January 1, 1994 through December 31, 2000. By this Letter of Intent, Ethyl Corporation expresses its agreement to complete, execute, and deliver to the City, the City's proposed form of industrial district ~ agreement with appropriate revisions to reflect leasehold interests, rather than ownership, of the land, and with appropriate attachments as Exhibit "A" and Exhibit "B", at the earliest possible date. This letter of intent is given by Ethyl Corporation to the City of La Porte at th is time, wi th the request that the City of La Porte not i nc 1 ude Ethyl ~ Corporation's improvements, assets, or the land which Ethyl Corporation leases, . in any annexation proceedings. Our firm understands that the City of La Porte, in reliance upon this letter, will not include our firm's facility in the proposed annexation proceedings. Yours very truly, ETHYL CORPORATION c~.~,/.L-f C. B. Hunt Resident Manager TAS:er -- ALBEMARLE CORPORATION Houston Plant April 18. 1994 J/- :2(, - ~ 1- Pk+-~ WvfL. R12 U} C12/V120 J clrAP~ 2 ~ 1994 Y MAN OFFICiGERS / -. . Mr. Robert T. Herrera City Manager City of LaPorte P.O. Box 1115 La Porte. TX 77572-1115 Re: City of La Porte Industrial District. Asset Rendition Dear Mr. Herrera: As you have probably already heard. on February 28. 1994. Ethyl Corporation spun off its world-wide chemicals operations as the separate. publicly-traded Albemarle Corporation. All of the assets which Ethyl Corporation owned in the City of La Porte Industrial District are now owned by Albemarle Corporation. Albemarle is pleased to render the 1/1/94 assets in your Industrial District for calculation of the fees that we will owe in lieu of taxes. Enclosed is a copy of the property tax rendition which we filed with the Harris County Appraisal District covering our assets at this site. If you should have any questions. please do not hesitate to call me at 713-740- 1159, Yours very truly. ALBEMARLE CQRPORATION T.?/;tF Plant Controller Albemarle Corporation, P. O. Box 2500. Pasadena, Texas 77501-2500 ............,_.... .. ."' . ......... .::- ,. . ,... .....: ,-"' -- ,-----_.. ....- ... --~~....-... .: - '....'.., '--...,.-. ..-.-. ,'. .. , . . . ... .- ..... .~ .. - .. ----..-.-. &f Industrial District Agreements Each company's packet should contain the following: t/ ~ A letter offering the agreement and certified copy of ordinance A letter requesting action tJ[lr / ,/.../ ~ Agreement - signed by co~ny. Mayor. RTH. Sue. Knox Exhibit "A" V /' Exhibit "B" - some will not have this item since we kept the only one that was sent -..... ....... .... ..-.....:-. _......;o..~;........;..-:.";_.. ..-"!:: :....:..:::...:::..::...,;.....:.::.:...:-.-=:.:.... -._ =-_..._....r_.._." ._ .. . .".. .. ':.~. . -- -.." :".';" . .--.,..~........ -....... ". . . .'- ... ....-_....._':"~_'lI'..__,........._....:,...II"'...~.-.:-................_..":"...,.. ,..."'......-....~'":"I~.)_, -~...... ~ _.....-~~-.'I~:....""":'.-.........~"'-'P.~__.._.-~........ "'_.. ..'~ . I ....... -.....: _' . .. ....:.... ~. . e "EXHIBIT AI' TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND 'Ethvl Corporation (Metes and Bounds Description of Land) Ethyl Corporation's LaPorte Facility is located on land owned by Quantum Corporation located east of Miller Cut-Off Road. The Metes and Bounds of this facility are attached. 9 "', , " e Quantum Chemical Corporation 0.1600 Acres STATE OF TEXAS: COUNTY OF HARRISI FlELDNOTE DESCRIPTION of a tract of parcel of land containing 0.1600 acres in the W.~. Harris Surve1. Abstract Na. 29 tn Harris CountY. Texas. Si1d 0.1600 acra tnct 11' pal"t of a 284.4752 acre tract dlsc;r1bld 1". dl.d ta National Distil leI'S and Chemical'Corporation, recarded in Ft.l. No, C-632918. Film Code Ma. 086--40-1217 of the Harr1l Count10f'fc1al Pub11c Records of Real - Property. and is mar. particularly described bl matel and _oundlal fo11ows:' .. TRACT "1- e W. II. HIlT'. surve,. A-":f . ,.. .~ ~ COMMENCING at a Z..inch tron pipe found at thl potnt af intersection of the South 11ne of' W.~. Harris Survey. Abstract No. ZI (.... beina the Narth line of the Enoch Brinson SurvlY. Abstrlct No. 5 and the A.D. Blackw811 Subdivision IS recorded in Volume 83. PI;' 343 Of the Harris County' Deed Records) with the East l1ne of M11l.1' Cut-off Road (baslId 'On a width of 60 feet); THENC!. North QZo 58' 5911 West. .10ng tbe Eas~ l1nl Of M111.r cut-Of;' road, a distance of 501.26 feet to I pa1ntl ~. THENCE. North 810 011 01- easi. a d1 stance of 237. 51 fle~ to a set 5/8- inch iran rod tar the NarthWlst carner of thts tract and the paint of beginning of the herein described tract 1; THENCE, North 870071 24n East. a distance 0'76.29 felt to I set S/B..inch iron rod far the Northeast carner of this tract~ THENCE. South 030 15' 00- East. along a fenca .'1gnmtnt a distanct of 93.03 feet to a set 5/B-inch iron rod on the North edge of a paved road for the Southeast corner of this tract; THENCE. South 870 06' 24" West along thl North .dge of said plved road I distance of 53.70 fest to Iln SIB-inch iron I"Od far a carner of this tracti THENCE 1 North 630 06' 03" West. 'cant1nuing along thl North .dge of Slid paved road I distance of 25.83 flit ta I set 5/8-1nch Iran rod for the point of curvature of a curve to t~e left; THENCE. continuing .10ng the North edge of said paved road ilnd along Slid curve to the left having a centra' angle of 00045' 6611, I radius of 77 .08 feet. an arc distance of 1.05 feet and a chord which burs North 500 11' 2011 West. a '. dlstanct 01 1.05 feet to a set 5/8-fncl\ fran rod for the Southwest corner of this tract; . . THENCE, North 020 521 36- West. leaving the North edge of said paved road it distance of 79.48 feet to the POINT OF BEGINNING and CONTAINING within these metes and bounds 0.1600 (6.971 $quare feet) acres of land. July 11, 1990 Page 1 of 7 e e Quantum Chemtcal Cor~arat10n 2,0864 Acres STATE 0' TEXAS~ CQUNTl OF HARRIS: Fl!LDNOTE OESCRIPT10N of a tract or paree' 01 land cantltn1nt 2.0854 acres in tha W.J. Harris Survey, Abstract Ho. 29 in Harris Caunty. TexIs. Sa td 2.0864 acre tract is a part of 1284.4752 acre trac", described tn a cleaeS to Nationa' DiStillers and Chemica' Corporation. recorcSed in F11.. no. C-63Z918. - fnl'4 Code No. 086-40-1217 of the Harris Caun'CY Offici al PubliC RBcorcls of Rea' Pro1)erty, anQ 11 lIIon part1cularlYdn~ribed BYIIII'CI. and !lounds a. follows; TRACT GZ. w. ~. "arr,' ~urv.J. "-~~ .----; 'e, I ~ COMMENCING at I Z-ineh iron p1,se found at thl point of 1ntersect10n,of the South l1n. of the V.". Hurts SUrvIY. Abstract No. 29 (same being the North line of thl Enoch Brinson Survey, Abstract No.5 and the A.O. Blackwell Subdivision as recorded in Volume 83, PaGI 343 of the Harris County Detd Records) wi th the Eas~ 11 n. of 1'111 ler Cut,..Off Raad (based 011 a wi dth of 60 feet); . THENCE. North 02.0 SB' 59" West. alona the East 11ne of Mtl1el" Cut-o(f Road a distance of 193.95 feet to I point; THENCE, Harth 870 01' 01- East, I distance of 97.87 feet to I sat. 5/S..1nch ~ ron rad far the Southwes t carne I" _of tM s tract and tha poi nt of begi nni ng of the herein described Tract 2; THENCE, North 020 59' 18- Wlst. 610ng 'the west edge of a wall a' 19nment a dhtance of 232.60 fait to II. set SIB-inch 1 ran rad on the South Idge of a paved roa~ for the Northwes~ corner af this tract' THENCE, North 870 00' 42" l:4st, alang the South eelge Of sa; d ~aved road a distance of 83,52 fae~ to a set a5/8-1nch iran rod for the point of curvature' of I curve to the right; THENCE. along the South edge 01 Slid paved road and alonq said curve to the righ", hiving il cantrallng" of nO 47' lOll, I rad1us 01 50.57 feet, an arc: distance of 47.48 feet. and a chord which bears South 730 45' 11- East. a distance of 45.75 flet to ,a set 5/8-1nch iran rod far a corner of th1s tract; THENCE, South 530 41' 37- East, continuing along the South edge of said paved road Ii d1 stance of 34.23 feet to . set $/8-1 nCh iron rad for a carner of, this tract; THENCE. Harth 870 01' ~ 24" East. continuing a'ong the South edge of said paved road alignment a distance of 286.86 feet to & set 5/8-1ncn iron rod Sit for the HorthGist corner of thiS trac",~ 'THt.HCE, South 020 59' 18M. East. alanC) the center line of two 2.50 feet diameter concrete column base alignment a d15tance of 195.26 feet to I set S/S-1nct'l1ron roel on the North edge of a payec1 road far the southeast carner of this tract; . " Page 2 of 7 -, -- /JfS -z,/~ THENCE, South 870 OQ. 42- West, along the Horth .dQ8 0' said 1)aved road. distancs of 440.06 feet to the POINT OF BEGINNING and CONTAINING w1t~in then mates and boundS 2.08&4 (90,884 Iquiri t..t) acres of land. e e July 11. 1990 ..~. '. .. .- , Page 3 of 7 e e .. " . n. rr, a 01'''' 11:.1' " ... Quantum Chemical corpora"on 0.0345 Acres STATE OF TEXAS: COUNTY OF HARRISi FlEl.DNOTE DESCRIPTION of a tract or parc.l af land containing 0.0345 acres in the W.~. Harris Survey, Abs~ract Ho. ZI in Harris County, Texas. Said 0.0345 acre tract ts a part of. 284.47&2 acre tract described tn I died to - National Distl1 '.r. Ind Cheartcal Corporation, recorded in FOe No. C-63291S, Film Code No. 086-40-1217 of the Harrts CountY Official Records of Real Property. and 1s mar. particularly described by IIltll and bounds II follows: TRACT 113" COMMEHCIHG at I Z-1nch iron pip. found at the paint of 1ntersect1on of the South 1 tn. of the W..J. Harrts Survey, Abstract Na. 29 (aama bltng the Natth line of Enoch 8r1nson Survey, Abstract No. 5 and the A.Q, Blackwell Subdivis10n IS recorded in Volume 83, 'IV' 343 at thl Harris County. Deld RecordS) with the East. Un. at M111et Cut-off Raad (based 'On I width of 60. fCl8t); , , THENCE. Narth Q2a 581 59" West, along the East 11ne of M111er Cut.off Road a distanc. 01 228.79 feet to a paint; THENCE. Horth 870 011 0111 East, 1 dt s.tance of 634.98 feet to . set 5/8. i neh 1 ran rod for the SouthwlSt. corner of thi s trAct and the poi nt of beg1 nn1 n9 of the her.tn dlscribed Trlct 31 ' THENCE. Horth 030 13' 18- West. I'ong the W8St edge of a 13' xU' concrete slab 111 gnclnt I distance of 43.56 fait: to I set S/S-1nch tron rod for thl Northwest carner af this tract; THENCE', Horth 860 46' 42- East. 110Rg the North Idge of sa; d 13' x13' concrete slab a11gnment I d'stance of 34.53 feet to a set SIB-inch iran rod for the Northeast corner of this tract; . THENCE. South 030 13 'lS" East.' along the allt edgl of a 7' x7' concrlte slab alignment a distance of 43.56 felt to a set S/B.inch iron rod for the Southeast corner of this ~ract; THENCE. South 860 46' 42" West, along the canter line of a lS'xlS' concrete column bUI and the centrar 11nl of a 2.Q' diameter concrete column base al1gnment a d1stance of 34.53 teet to the POINT OF BEGINNING and CONTAINING wt th1 n these metes and boundS 0.0345 (1,504 square feet) acres 01 . land, July 11, 1990 Page 4 of 7 ~ .. I . e e M. ~. ""rr1l ,urYey. ....~~. -::;;:7 ~ 4uan~um ~nem'cal GOrporat10n 1.6083 Acres STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION af a tl"ac:t Dr parcel of 'Ind containing 1.&083 acres in thl N.J. Hlrris Survey, Abstract NO. 29 in Harris CDunty. Texas. Said 1.6083 acrt tract 1 s a paM: of . 284.47&2 acra tract described in I deed 'to National Dist11 'Irs and Chlmical CO'1lorlt1on. recarclld in Fnl No. C-632918.. ~ Ft1m Code Ho. 086-40-1217 af thl HarMS County Official Public Rlcords of Rill' Property. and h more particular', described bl1111tes and bounds II fonaws: TRACT -411 COMMENCING at a 2-inch iran pip. found It the point Of tntlrsectton of the SQuth 1 tn. of thl W.d. Harris Survel. Abstnct Ho. 2' (sam. bling the Nor.'tb line of the Enoch Brfnson Survey. Abstract NO. 5 and the A.O. Blackwell Subdivision IS recorded in Volume 83. 'Ige 343 of the Harris County DIAd Records) with the East Un. of Mn1erCut-off Raid (bllad on width Of 60 feet); , - THENCE, NOl'th 020 58' 5'. Wlst. 110ng tb8 Ean 11ne of Mil'.1' Cut-a;f .. Road a distance 01 194.01 feet to I point;' - . . THENCE. North 87001' 01. East.. distance 01 7&3.90 feet to a Sit 5/8- inch iron rod for the point of beginning of the herein described Tract 4; THENCE, North 470 59' lau Wast, along the centar l1nl of a 1.S'xl.S' concrete column bue I distance of 44.89 feet to I set 5/B-tnch iron rod for I corner of this tracti THENCE, Narth 020 511 10" West. a d1stlnce of 82.90 feet to i set 5/B-1nch iron rod for the Northwest corn,r of this tract; . THENCE. North 860 46' lDu East. along the bottom of Dyke alignment a distance of 484.63 flet to I Sit S/B-;nch iron rod for a COTnl1' of this tracti THENCE. North 000 38' 5611 West. 110ng the botton of Dyke. distance of 90.32 feet to a Sit S/8-1nch iron rod on l1na North:0400 of the Quantum' Plant. Cooreinata S1stam for I camel' 01 this tract; THENCE, Norttt'87o 01' 29M East. along the North-400 Hne of said Quantum P1ant Coordinate System a distanct of 58.46 feat to a set 5/S-fnch fron red for the Northeast cornel' of this tract~ . THENCE, South 020 581 l8d East. along the back of curb and edge of ccncnte alfgnment a distance of 205.00 feat to a set 5/S-tnch iren rod for the southeast corner of this tract; ..' . THENC~. South 860 36' $211 West. along the North edge of II paved road I distance of 277 .28 feet to a set S/8-fncn iron rod for a Corner of thi s tract; THENCE, South 87 000' 42" West, along the North Qdge of said paved road a d'htance of 247.aS feet to the POIHT OF BEGWNI:IG ane COliTA1iiING wi thi n these metes and bounds 1.6083 (70.~56 square feet) acres of land. July 11. 1990 Page 5 of 7 e e At. ~uaa ACrtS ... .- 'I... .. ~... WG31 ,,-C~ Enocb Brinson Survey. A-5 ~ '~/~ STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION of tract or parcel at llnd containing 4.2088 acres 1n the W.J.'Harris Survey. Abstract NA. 29 and the Enoch Brinson Surve1, Abstract No.5 '" Harril County. TexIS. Said 4.2088 ler. tract 111 part of ,- 284.4752 acre tract described 1n I cleed to Hationa' D1.tn1erllnd Chemica'. . Corporation, ".cOrdtd in Fill No. C-632918. Fl1m Cadi No.085-4O.1217 of the HarTh County Off1c1.1 PUbl1c ReCardl of Rea' Property. and 11 man particularly described by mitIS Ind bounds IS follows: TRACT -5- COMMENCING at I 2-fneh fron pipe found It th. point of tntersect1aft~of the South 1 1n. of the ".J. HalTis Survey, Abstract No. 29 (same b.in9 the Harth line of the Enoch Brinson Survey, Abstract No. 5 and the A.O. Blackwell Subdtvision IS recorded in Volume 83, 'agl 343 of the Harris County Deed Records) with the East ltnl at Hiller Cut-Oft Raad (baled on I width Of 60 feet)i ~ . THENCE. North 020 58' 59u West. along the East l1n8 af M111er Cut-off Road I distance of l1Z.92 feet tA I paintl THENCE. North 870 011011 East, a dfstancI of 743.20 feet to I set 5/8- - inch fran rad for the po;nt af beginning of the herein described Tract 51 THENCE. North 870 00' 421. East, along the South edge of . paved road & distance of 535.86 feet to a set S/8-lnch iron rod for the Northeast carner of thh tract; THENCE, South 020 58' l8U East, along the back of curb and edge of concrete alignment a distance of 329.99 feet to a set 5/8-lnch 1ron rod far the Southeast corner of this tra,t; , , THENCE. South 870 08' 50. West, parallel 22.00 feet North of the North edge of a paved rOld I distance of 557.71 feet to a SIt 5/S-1nch Iron rod for the Southwest corner of this tract; THENCE. Horth 020 51' "101 West, along the East 8dge of a 4u guard post I d1 stance of 307,46 feet to a set as/8-inch 1 ran rod for I corner of th1 s tract: THENCE, North 420001 4211 Eas~, along th8 canter line of a 2.0" dhmetllr concrete column base a distance of 30.00 feet to the POINT OF BEGINNING and CCNTAINING within these metes and bounds 4.2088 083,334 squire feet) acres of land. JulY 11, 1990 , Paqe 6 of 7 ~ --- --- , . e e Quantum Chlmtcal Corpora~ton 3.8907 Acres STATE OF TEXAS: COUNTY OF HARRISa FIElDNOTE DESCRIPTION 01a tract or parcel of land can~lfnfng 3.8907 .'~ acres in the V..:I. Hirrh Survey, Aburact No. 29 and the Enoch Brinson Surve, Abstract No.5 in Harri s County, TexiS. Said 3.8907 Icre tract f S I part 01. 284.4152 Icre tract described tn a d8ld to National Distnlers and Chemical Corpontion, recorced in Ft18 No. C-632918. Fl1m Codl No. 086-40-121701 the Harris Caunty Official PUbl1c Recards at Real Property, and 15 more particularly dascriblld by metal and bound' as fol1ows& w. J. Harris Survey, A-29 Enoch Brfnson Survey, A.5 /16 ~l (W~ ,/r TRACT "5. :. . . . COMMENCING at a I-inch iron p1~. found at thl point of 1ntersect10n af the South 11n. of thl W.J Harris Survey, Abstrlct Ho. 29 (slIDe betng the North,. line of tha Enoch Brtnson Survey, Abstract No. 5 and thi A.D. Blackwel1 Subdivision IS recorded in Volume 83. Page 343 at the Harris County Deed RecordS) with the Els~ line Of Miller Cut-aff Raid (based on I wtdth of 6Q teeth THENCE. Narth 02Q 5BI 5911 West. a\an; the Eitst l1n. ot Hiller Cut-off Read a distance of 142.36 feet to a point; THENCE. Horth 870011 0111 Eut. a distance ot 97.88 feet to a Sit S/S-inch iron roc! for ttte Northwest carner ot this tract and the point of beginning at the herein described Tract 5; THElICE. North 87000' 42" East a d1stance of 532.00 feet to a set S/8-inch iron rod far I carner of this tract, THENCE, South 47059' lB11 East, A distance of 56.80 fee'C to a set 5/B...inch iron rad far a corner of this tract; THENCE. South Q30 131 lB11 East. a distance of 257.90 feet to I setr 5/8- {neh iron rod for the Southeast corner of this tract; THENCE, South 810 OS' 50" West, a distance af 573.21 feet to a set 5/B- inch iron rod for'the Southwest corner of this tract; THENCE, Hort~ 020 59' 181' West, a dt stance of 296.70 feet to the POINT OF BEGINNUIGAND CONTAWINGwith1n theumetes and boundS 3.8907 (169.478 square feet) acres of land. July 11. 1990 Page 7 of 7 " . . "ZDZBZT B" \ TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND Ethyl Corporation Plat attached. (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 10 e e .. 0:.- ......~ .. ":"_ "'':' .:-~. .,..: C".' ..~:~.- .:..... .". "'~':-":",. .....,:: ".':"'l ... -:~._.. .._~ ~.-.... '!..;.:....;..:... .:".-..--........ .::..:.. .,.~ - :: ....~....-.: .,;.:.... ~- ~ - .~....:. ....:.:. ':.: .~'. ~. .~ : ':'<~.' ...::;. I'-....~... rl I o CO, It (!. o 87.1 E.-859~ DATE DRAWN BY DEPT. APPROVAL I '. lOCAnON This cl-amg It the property of Quanlum OIemlcol Corporotlon ai\-d I be used, reproduced, publlllhed or d1.dosed to others without I'" authortzatlon, This drawing II pro\4ded to others only for the pull' produmg Items on ord.. for Quantum OIemlcal Corporotlon or 1\a lie; It II not to be Uled " II\Y way dettfmental to Quantum OIemlcd <:ofr' and Is wbJect to return upon request. ISSUE SCAlI CHECKED BY ENG. APPROVAl DRAWINGNo. HOUSTON PLANT 27 JlliID. PAO P AO PROPERTY pLAN 11500 Northlake Drive P.O. Box 429550 ClnclnnaU. Ohio 4524' 613-530-8500 USI Division antun. ~ TITLE: - Br IAPPROVED DESCRIPnON '--lATE . o .I o o v . t') O. . _ w -0. -0. . e DESCRIPTION BmmI!i ~1/2OC-JO-E -050 611200-.30-&-052 5.300' -0. , I II I I I I I I . . . r . 0 0 0 0 I I I I~I I b b b b 0 0 0 al 0 0 n N .. t"l t"l t"l W W W I W I 5.400' -0. W 5,200'-0. ~-- I I I I I I I . I '1 I I I ::.I EEJ. I J-d65 1 I J~ al,., 11:111I OECENE "/fJ I(FUnJRE) I , ~ / .... .. .......""'- .".,." $,100'-0. . N,OOO'-O. I S. 17'-0" ,-i LOAif sp6f"13 I I I I I I I N. 63'-0" l-ti:OADsPof""i2 I I I I I SEE 611200 - 30 - E - 053 N,100'-'O. 'o~ ~ lJj 8 t ~ ~ - FUnJRE ..!!.Ol\l) -1 I Ii . I ~ . I t-~---- I, n '" e e N.100'-.0. 1 .1 I I 1 I N. 63'-0" I I-tLOADsPOf'i2 I I I. I I I ~ il~ PIPE'~IOGEj , ~.:2i -I ~~ROO. "/81 IS' . ~ I~ ~I "'6261 .,:263 - \6 CST~PROO. ~~ROD" Amll i-.teST PROD. ., "nnl n- -ttIIt- He! N,300' -0. V60~' D~ II' C!CENE d Alt ! i ~ Dl1l oLlii.:1 I J. ... J. ., o. ,~ 7 Rb~'.J'- gl ' - '''~Jm. ..~' - ~~m: :. 'v;;;= ' >=>m: ' 1 I fv:I,\1 - '~PROO-1 A/BI '1~PROO' .~ .... . d 91 ". e.. A- I 1 1 1 I I t __ --- + - --;;UlURE ROAD _ _ T 1---- 1 1 I II 1 I .! o. ~ + -, I N,200'-O. 0\ ,.; III o 131 N.400'~O. J! B\' II I . r -1-;-- - --1-- \ .jtl . .,4 . )P.) ----~ V5238 (EXISTING) ACETIC ACID TANK .~+ I \. , N.SOO' -0. N.600'-O' ------< --I- --1-' --+--~- -t--- N, 700' -0" . o I b !l .., w . o I b o .., .., w . o I b o. N; .., W : . 01 \ I b el I .., W I o I b o o .., tJ N.SOO' -0. . e . . . . 0 0 0 0 I I I I b b b b 0 0 0 0 ,... 1IO en 0 to.! to.! to.! I"l W W W W II! rH~ ~ l4W .~ ~I SlEEPF.R ""1 .+- I~ II V6252 ,.I ~ 15 I~ V6256 ~ I~ 60' V625: z t I I ,I SEE 611200 - 30 - E - I 1 IIII ~-t -, I I III ;' , / , I III I , I 4V6267 I I" \''''''~~ 1(F\J1\JRE) I III " 4- / , :~ '-;;:::~-j l , lJ.-ROAD ---+----------- '-- - - - 5.190'-0''- *...., (D<lSTIN i o I ~I N ... ~ ~ C - l ' ~I~ I~ 1\ - W = 1 N2t j, t t jlJ _ _ _ _ _ _ _ _ _ ---=__ I. ~bAD N.1~3'- o. lD~ NN l!l II ! ~6i ! t~1 I ~I -----~ \/7 ----+------+-------~----- I I III I + I . ~ (~ ~II i~ PROD. . '626~1 8\CST P~OD." ~I I V6270 ~~ ~0- I 1V625 . V6~252 15 4 T Vb V6256 ~ 6ij}T -; ~PROO. \l~~ 15 ~ ~ I (T 116264~ 8\CST POD," . I ?, /11": r-1 I I SlEEPER 01 ..; It) o 0'- I -1- - -1;- - ~-- I I t j! ~I I V5238 (EXISt ACETIC ACID rt- I - - ----1 . o 1 b o o I") LJ . o ,I .g Cll N LJ . o I b o 110 N ILi . N I1a' 0" 1J1 Q ..1 15 I~ I~ ~ C ICI z t= I!!! 11:5 ---,-rllTl- I III I _.r- ../~ I' ,.- I ~ Q III ! ---1-- "'I I I "' I J COOLING WAlER TOWER e ,I 11- . I 150 50 100 - r~~---"""-l GRAPHIC SCALE . . I . . . 0 0 0 0 0 I I I I I 'b 'b 'b 'b 'b 0 0 0 0 0 ~ II) to ..... 1IO N N N N N W W \J \J \J " t,i ~ o . e I ! EXISTlNG DITCH----. I I II I I I I I I I I I I I I I . . . ~61 . I I 0 0 0 I 0 I I I tbl I W b b b I b ~ 0 0 0 0 III 10 ,... CO C'II N C'II N N I I ~ ~ ~ W I W ..I /~ I I L_L-__ ------- --- ----- ------- .1______ - I I I "/./ Ho ,,' " I COOLING WAlER , '0 0 0 C D 0 TOYlER I H- I I I I I 10 I '. A ~ I L .1 .- I I I I H '"\ I , , I H- - ~ I "gJ ACEn1 ~cm PLANT I I I I - I - I- ------ --- --- -- - - R lR XISTING PIPE RACK t....J~ -[,2356.25 - I- ------- -- --TT --- - -- r---- I J! - 1 I I U!=:'~ I ~SiEM I I I t2~ I ~./ I ~I ~ ~r5. OUSTIN I SERVICE ROAD I +-- , r ~STING FM-J I I ~ V603Z-. -- 1 l_ ei I l-lr _ r-hry&036 . I ~ CD II;; I I EXISTING 13 I E1 rt:J6088 ~ ' , V60J1 '''-'J CONlROL . I - - ~lII1.. ~ HOUSE I d ~~ g . I I~ . ~ ....V60J[ . J60:S1 .EXlSJlWi 0 , - ~ r ==.;.. REACTOR II: I NJ20 f= :z: io) 1/ .1~'~Jl;' f WASH lie QUENCH t ~ I ~ N - ~ I i5 :i II .) 'l t EXISTiNG ;E l'l I ~l_ .~ EXISTING ~; ~~-~ :~":~t ' " ~ CI 072 ~ ' : t I Co _!' l~~F' ~~. -. " -1 ii: 'Ii~ . ;-. I; m ~I , . ' I I, ..-n '-, ( P PE RACKEL.114'-b. .. .. . III ~I' I~ 1 i- J6008"'\L ...L 06001 0.. I ii: ~ ~OOn 1 J ----\ ~tr It-'-] . . V-6324 I I I I N2J9 _.. Bf"3\AR.ER I ... ~~ I ~ :t:;t ~J -~~- ,STOIR.A(K. V6089 _ - ~ ---, ~ - I "- \ " ~ \. ) . ".. ..".... w. ./ ........ ./ ~-- ----~ _ _ ~S.!1NG ROAj!"!!:'! ~- ~---- ------- I--- ~~ ~ IIlIllIlllll C"'IIN~r:"C'\I j I ~ ..!,.!,J,.!.. ..!, I SEE 611200-10-E-054 I 1.$.$11 ~ r4l- . , . . i '1. ., I I 1. , I.. ...'_n" i ~ Y6258 I - I IJ ( ''\ ~' I Il~1b I ~ , ;, Y6252 ~ j,; 1.1 I} .. 15 ~g~~ I',t:. ;(f i" I~ Y6256 :iI ~ : 4 : I~ 6~1 6~~ ,I, . ~..I'-xJ I' e e ~ 50 ( i "1 \ I '!, NEW EXISTING ,. . .,:] ! "\ I I ~:IOO'-O. I I I I \ I t \ " .. I I . N.OOO'-O. I i : I .~ 1 .. . I .. \ " ~. l'.':' I I dr I \ I f~ \ If' . .j. , . I ~~'ll\ I I ~~~{ :S,100'-0. ..~I 1 It '" ....... .~e, . ~ ' I * i \ ~,.,. $.' l ,.;-:-t I 'j . I \ I :' S.200'-0. I I I I \ I \ I ';.300'-0. 1- ,---------.- -,- .. .-- -.-- ! I \ I \ . . . . 0 0 0 0 I I I I b b b b 0 0 0 0 I 0 N N .., N N N 5.400' -0. I w w w w .,' ..---- e . I I . . I 0 0 'I .- I I I I I I \ b b --n- 0 0 I COol .., COol COol . . I&.i \J I I 0 I 0 I I I I ) I I \ b \ b ~C 0 0 0 1 COol N , , I \J I \J I I N,700'-0. I I\.. T T i I L-- ------- ------- __~_L_. I I I I I ! \ \ (' Ho. ; CHEMICAL INJECTION I BUILDING K-5206 I '0 I I \ \ -H I I I 10 N..ls\/' -(,- I I ; " I I I I I I I : \ \ H I I I I , I \ -H - ( I I I I l- I. 1 I N,500'-0. III II) II) : I I I F\JruR tl tI I I -E. 235 .,\ I ~ 'ow. \ I ~ '. \ .. 116\ ;:. NEWT~ 0- ~ V I lON .. =- '-: SUBST fi I I :::::r: I - ~f r-;- - -~ ~ ~'"- ! A N:'Lo'-O. I I I ' i~ ~I , "'- ; It .' ~I NEW PAO UNIT V64 ~ ~l I .S. TRAIN Y\ I .-~1r . , .~ V60~ illY 0 1 .. .. ~\; tj N 51 .. ~I I 'f 0 ~ N .... I V60~ 2.... I ~I~~ - I .. .... . ..,. NEW PIPE RAO<, ' I'. ~.' N:!.OO' -0. 01. I I , . 1....::::f1 l i i I I I I I T I I I 1 II IUNIT \! -- ~. -'t~ 'I' ' i "./1" :-r I 1 I .1 I I I I ;I~... I II ! """If) IN :-lJ .. .to' : . r ~ i ,~,;', .~.~ ! I I , ,;.' I q T ~ .~ "1" .. ,. ~.:-, . t '" ; !. -~. .. O!, ~.,- :: ". '';.;" ...Jt. , I. I ~. , .' . . ... -. .. . - " I . ....- . , I \ I I - 1 I .' I , ~.. ;'F.: I - N ~OO' -0. I '. I .~- ....... .. .....1. ~ :::::... ' .: - .-.- ~ -,- ------- ------- ----- --- -::= ._----- -----= , 1- -- ~ .'-:1- /1' I I SEE 611200-20-E-051 / \1 I N,IOO'-O. I I I I I r: I " I .. i I \ l OF EXISTlNG DITCH- I N.800' -0.