HomeMy WebLinkAbout93-IDA-25
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ORDINANCE NO. 93-IDA-25
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH THE GEON COMPANY, POR THE
TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
THE GEON COMPANY has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1994, and ending December 31, 2000, a copy
of which is attached hereto, inco~porated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the'City Manager, the. City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 93-IDA-25
PAGE 2
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of January, 1994.
CITY OF LA PORTE
By: Ii~./~
Mayor
ATTEST:
L ~L
Sue Lenes, -----
City Secretary
AP~zJ.~
Knox W. ASkins,
city Attorney
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CURRENT NAME
PREVIOUS NAME & DATE
~a P05~e Gaemiea~
Gre.o~ ~r'LVUf
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CITY OF LA PORTE
PHONE 17131 471-5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572
January 11, 1994
Ge~m Company
Attn: Byron McWhirter, Plant Manager
2400 Miller Cutoff Road
La Porte, TX 77571
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. McWhirter:
I am pleased to enclose herewith fully executed duplicate original
copy of the industrial district agreement between your firm and the
City of La Porte,' effective January 1, 1994, for the term expiring
December 31, 2000.
I also enclose certified copy of the City of La Porte's approval
ordinance, for your records.
Thank you for your cooperation in this matter. If my office can
ever be of assistance to your firm, please do not hesitate to call.
Yours very truly,'
CITY OF LA PORTE
By: G<~ T. ~
Robert T. Herrera
City Manager
RTH:sw
Enclosures
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NO. 93-IDA- ~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEKENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and The Geon Company
, , a Delaware corpora:tion, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which 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, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified-
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on 'the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes 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; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the city Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
Revised: October 22, 1993
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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
extent that the same covers the Land belonging to Company and its
assigns, unless and until 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
not 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 City 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
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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 Rendition on a Harris County Appraisal District rendition
form, or simila~ ,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
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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 limits 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; o~
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 Qf the depreciation will be
removed 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' stang ible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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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 I 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 period 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 annexa~ion
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 agreement 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
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City 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" 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 payment due hereunder
based on such final 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
City 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
controll'ing 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 fai th 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 final arbi tration 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 · 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
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'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, subject 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" payments 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
ci ty 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
agreements herein contained shall be held to be covenants running
with the land owned 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 wi th 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.
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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.
The Geon Company
By:
(COMPANY)
~erA!k
Name: Byron E. McWhirter
Title: Plant Manager
Address: 2400 Miller Cut-Off Road
LaPorte. Texas 77571
ATr~ ~ L" <____
City secretary
AP~tU_ ~.
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
~ LA PORTE
. ~
. .n ~n
Mayor
By:
G?~ 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
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THE fflIAIc7"-8" COMPANY
RECEIVED
2400 Miller Cutoff Road
laPorte, Texas 77571
DEe 2 1993
CITY MANAGERS
OFFICE
December 2, 1993
Mr. Robert T. Herrera
City Manager
City of LaPorte
P.O. Box 1115
LaPorte, TX 77572-1115
Re: City of LaPorte Proposed Industrial District Agreement
Dear Mr. Herrera:
Per your request, we are submitting two signed copies of the City of LaPorte's proposed
industrial district agreement dated October 22, 1993, for the term January 1, 1994, through
December 31, 2000.
If you need additional information, please contact me at (713) 476-8008.
Yours very truly,
The Geon Company
7tJEM~
Byron E. McWhirter
Plant Manager
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~"pr~.6
THE 1StI~"8' COMPANY
December 2, 1993
RECEIVED
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DEe 2 1993
CITY MANAGERS
OFFIC~ . '.
2400 Miller Cutoff Road
LaPorte, Texas 77571
Mr. Robert T. Herrera
City Manager
City of LaPorte
P.O. Box 1115
LaPorte, TX 77572-1115
Re: City of LaPorte Proposed Industrial District Agreement
Dear Mr. Herrera:
Per your request, we are submitting two signed copies of the City of LaPorte's proposed
industrial district agreement dated October 22, 1993, for the term January 1, 1994, through
December 31, 2000.
If you need additional information, please contact me at (713) 476-8008.
Yours very truly,
The Geon Company
~~
Byron E. McWhirter
Plant Manager
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,&BP,.,""" 8.
TilE ~&o.,g" COMPANY
2400 Miller Cutoff Road
LaPorte, Texas 77571
RECEIVED
OCT 2 8 1993
October 28, 1993
CITY MANAGERS
OFFICE
Mr. Robert T. Herrera
City Manager
City of LaPorte
P.O. Box 1115
LaPorte, TX 77572-1115
Re:' . City of LaPorte Proposed Industrial District Agreement,
Dated October 22, 1993.
Dear Mr. Herrera:
The Geon Company has received and reviewed the City of LaPorte's proposed industrial district
agreement dated October 22, 1993, for the term January 1, 1994, through December 31,2000.
By this Letter of Intent, our firm expresses its agreement to complete, execute and deliver to the
City, the City's proposed form of industrial district agreement, with appropriate attachments as
Exhibit "A" and Exhibit "B", at the earliest possible date.
This letter of intent is given by our firm to the City of LaPorte at this time, with the request that
the City of LaPorte not include our firm's land in any annexation proceedings. Our firm
understands that the City of LaPorte, in reliance upon this letter, will not include our firm's land
in the proposed annexation proceedings.
Yours very truly,
The Geon Company
By:
Byron E. McWhirter
Plant Manager
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THE."'''''.'COMPANY
W'..... ..,..,.
One Geon Center
Avon Lake, Ohio 44012
phone: 440-930-3723
Fax: 440-930-3727
Charles Dylag
Director - Tax Administration
July 28, 1999
BY CERTIFIED MAIL
City of LaPorte, Texas
City Manager
P.O. Box 1115
LaPorte, Texas 77572-1115
~"'if'M [:\ Bl ,:'\ ~N. .t' ~ [",' '. ..~
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Re: Industrial District Agreement between The Geon Company (the "Company")
and the City of LaPorte, Texas (the "City"), dated effective January 1, 1994
(the "Industrial District Agreement")
Ladies and Gentlemen:
Pursuant to Article VIII of the referenced Industrial District Agreement, we hereby notify
the City that the Company has conveyed its LaPorte facility to OxyVinyls, LP, a
Delaware limited partnership ("OxyVinyls") and has assigned the Industrial District
Agreement to OxyVinyls. A copy of the Industrial District Agreement and an unrecorded
copy of the Deed to OxyVinyls (including the legal description of the property conveyed)
are enclosed. The Deed was recorde<:f'with the Harris County, Texas Clerk on May 5,
1999 under Clerk's File No. T704014.
Please feel free to contact me if you need further information regarding this matter.
Sincerely,
~:Jf;r
Enclosures
July 1999 Industrial District Agreement laPorte
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NO. 9J-IDA-~
STATE OF TEXAS
COUNTY OF HARRIS
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DmaSnrAL DISTRICf AGREEMmft'
This AGREEMENT made and entered into by and betveen the CI'rY
OF LA POR'rE, TEXAS, a municipal corpora'tlon of Rarris Count.y,
Texas, hereinafter called "CITY", and 'the Geou C01ll1)auy ,
, a IIp.l AW1irfll corpora~ion, here1nafter
called "COMP~", ,
WIT N E SSE T H:
WHEREAS, it is the establis~ed policy of the City council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
1:11e economic stability and growth of the City and its environs by
attracting the location of new and the expansion of exist1nq
indu~1'tries therein, and such policy is hereby reaffirmed and
adopted by this City Council as beinq in the best in~erest of the
city and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as ,the "Battleground Industrial
District of La porte, Texas", and ordinance No. 842A, designating
portions of the area located in its extraterritorial juriSdiction
as the "Bayport Industrial District of La Porte, ~exasll,
hereinafter collectively called "District", such Ordinances being
in compliance with the MUnicipal Annexation Act of Texas, codified'
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Port'e, said land being
leqally described on 'the attached Exhibit nA" (hereinafter "Landa);
and said Land being more particularly shown on a plat attached as
Exhibit "Bu', which plat describes the ownership boundary lines; A
site layout, showing all improvements, includinq pipelines and
railroads, and also Showing areas of the Land previously annexed
by the city of La Porte; and
WHEREAS, City desires ~o encourage the expansion and growth
of industrial plants within said Districts and tor such purpose
desires to enter into this Aqreement with Company pursuant to
Ordinance ~dopted by the city Council of said City and recorded in
the official minutes of said City:
NOW', THEREFORE, in consideration of the premises and the
mu~ual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with'each dther as fol~o~s:
Revised: OC~Q~er 22, 1993
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City covenants, agrees and guarantees that during the term of ~his
Agreement, provided below, and subject to the terms and provisions
of t:his Agreement:, said District sball continue to retain its
extraterritorial st:atus as an industrial district., at least to the
extent that the same covers 'the Land belonging t.o Company and its
assiqns, unless and until the status of said Land, or a partion or
portions thereQf, 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 wi~in 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 Ci~y, and that all Land, includinq that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regula~ions (a) governing plats and subdivisions of land,
(b) prescribing. any buildinq, elec~r1cal, plumbing or inspection
code or codes, or (c) attemptinq t.o exercise in any manner whatever
co~trol over the conduct of business thereon; provided, however,
it is agreed that city shall have the right to institute or
intervene in any a~inistrative and/or judicial proceeding
authorized by the Texas Water Cods, the Texas Clean Air Act, the
Texas Health & Safety Coda, or other federal or state environmental
laws, rules or regulations, to the SalUe extent and. to the same
intent and effect as if all Land covered by this Agreement were
not: subj ect to the Aqreemen't..
II.
In the event" that any portion of the Land has heretofore been
annexed by Ci~y, company agrees to render and pay full City ad
valorem taxes on such annexed Land and. improvements, and tanq1ble
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
unannaxed area for: the purpose of computing the "in lieu" pa.yments
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 se~eetion. The parties recogn~ze
that in maXing such appraisal for "in lieu" payment purposes, suCll
appraiser ZI1ust of necessity appraise t:.h.e entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority ot the Harris County Appraisal District to establish the
appraised value of Land, improveme~ts, and tangible personal
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property in the annexed.part~on, for ad valorem tax purposes.
III.
A. On or befare April 15, 1994, and. on or before each April 1St:h
thereafter, unless an extension is granted.in accordance with the
~exas Property Tax Code, through and including April 15, 200Q,
Company shall provide city with a written description of its Land
and all i=provements and tangible personal property located on the
Lancl 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 aut:horizecl to 40 so, or Company"s
duly author1zeci ag'en't:, (the Company's "Rendition"). company may
file such Rendition on a Harris County Appraisal Districtrendit10n
form, or similar .form. The properties which the company must
render and upon which the lIin lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection 0, of this
Paraqraph IIJ: (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 riqhts of protest and appeal under the terms of this
Agree1Uent.
B. As part of i 1:s rendition, Company shall furnish to city a
written report of the nam~~ and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, cons1qnment( or other arrangement with Company
("products in storaqe"), and are in the possession or under the
manag'ement of Company on January ls~ of each Value Year, further
givinq 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 pa.y to City an amount "in lieu of ,~axes" on Company,' s
Property as of January 1st of the ourrent: calendar year ("Value
Yearl1).
D. Company agrees to render to City and pay an amount "in lieu
of taxes" on Company I s Land, improvements and tangible personal
property in the un annexed 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 r s Land and improvements 'Which existed on
~anuary 1, 1994( January 1, 1995, and January 1,
1996, had ~een within the corporate limits of City
and appraised each year by City'S independent
appraiser: and
eb) 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 existecl
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
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cityls independent appt'aiser; and
2. (a) On any SUbstantial Increase in value of t:he Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resultinq frena new construction (exclusive
of construction in progress, which shall be exempt
from ta.xation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (Jot) of the amount of' ad
valorem taxes which would be payable to city if all
of' said new construction had been within 'the
corporate limits of City and appraised by City's
independent appraiser. .
A Subst.antial Increase in value of the Land and
improvements as used 1n subparagraph 2 (a) above, is
defined a~ an increase in value that is the lesser
of either:
Cb)
i. at least: Five percent (5t) 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.
ee) If existing property. values have depreciated below
the value established on January 1, 1993, an amount
equal to the amount qf the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%') of the amount of ad valoreJ1\
taxes which would be payable to City on all of the
company's tangible personal property of every
description, lncludinq, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storaqe loc4ted on the Land~ if all of
said tangible personal property which existed on
3anuary 1, 1994, '3anuary 1, 1995, and January 1,
1996, had been vithin 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
valor~ taxes which would be payaole to City on all
of the Company IS tanqible personal property of every
description, includinq, without limi~ation,
inventory, 011, gas, and mineral interests, items
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of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all at
said t.angible personal property which exis1:ed aD
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 ~e City's
independent appraiser.
with the sum of 1, 2 and 3 reduced by the amaunt of' ci'ty's ad
valorem taxes on the annexed portion thereof as determined by
appraisa1 by the Harris County Appraisal District.
. IV.
~his Agreement shall extend far a period beginninq,on the 1st day
of January, 1994, and continuinq thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon' mutual consent of Company and city as provided by the
Municipal Annexation Act.; provided, however, that in the event this
Agreement 1s 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
1:hat event, City shall have the right to commence immediate
annexa~ion proceedinqa as to all of Company's property covered by
this Agreement, notwithstandinq any of the terms and provisions of
this Agreement.
Co~pany aqrees that if the Texas MUnicipal Act, Section 42.044,
Texas Local Government Code, is amended after January ~, 1994, or
any new legislation is thereaf~er enacted by the Legislature of the
state of ~exas which imposes greater restrictions on the right of
City to annex land belonqing to Company or imposes fur~er
obligations on City in connection therewith after the annexa~ion
of such land, company will waive the right to require Cit:y to
comply with any such additional restrictions or obligations and the
riqhts of the parties shall be. then determined in accordance with
the provisions of said ~exas MUnicipal Annexation Act as the same
existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by aqree~ent between City and Company and/or its assiqns even
though it is not extended by agreement bet~een City and a11 of the
owners of all land within the District of which it is a part.
VI.
A. In the evene Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris Coun~y
Appraisal District for any year or years during ~he 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
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City on or before the date therefor hereinabove provided, at least
the ~Q~al of Ca) the total amount of ad valorem taxes on the
annexed portions, plus CD) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to Ci ty in accordance wi th the
foreqoing provisions of this Aqreement on the basis of renditions
which shall be filed by company.
When the city or Harris county Appraisal District. (as t.he case may
be) valuation on sa.id property of Company has been so finally
determined, either as the result of final judgment of a court of
competent. jurisdiction or as the r~sult of other final conclusion
of ~he controversy, then within 'thirty (30) days thereafter Company
shall make payment to City of any add! tional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
S. Should Company disaqree with any appraisal made by the
independent appraiser selected by Ci t.y 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
C1 ty of such disagreement. :In the event Company does not qi ve such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be'final and
cont.roliinq 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 desoribed property. Both parties agree to thereupon
ent.er into good fai th neqotia tions in an a1:tempt to reach an
agreement as to the market value of Company's property for nin
lieu" purposes hereunder. :If, after the expiration of thirty (3D}
days from ~he date ~he notice of disagreement was received by City.
the parties have not reached agreement. as to such market value, the
parties agree to submit the dispute to final 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 Ca) the ad valorem taxes on the annexed portions, plus
Cb) the total amount of the "in lieu" payments which would be due
hereunder on the basis of company's valuations rendered and/or
submitted ~o City by CClnpany hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is hiqher.
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 3udqa of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial ~.rb1trator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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of the difference between t.be parties as to the fair
market value of Company's p:opert:y for calculat.ion of the
If in lieu If paymen~ and tot;!l .paymen~ hereunder for the
year in ques1:ion. 'the Board shall hear and consider aJ.],
relevant and material evidence on that issue includinq
expert opinion, and shall render its written decision as
promptly as practicable. 'l'hat decision shall then be
.final and blncl1nCJ upon the parties, subject only to
judicial review as may be available under the ~exas
General Arbitration Act (Articles 224-238, vernon's
Annotated Revised Civil statutes of 'l'exas). Costs ot the
arbitration shall be shared 'equally by the Company and
the city, provided that each party shall bear it.s own
attorneys fees.
VJ:I.
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 Din lieu
of taxes" payments' hereuncler, 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 Aqreement shall inure to the benefit of and be bindinq upon
City and Company, and upon C01l1pany'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 herein~ove. de,scribed, and the
agreements herein contained shall be held to be covenants running
wi'th the land owned by company situated within said territory. for
so long as this Agreement or any extension thereof remains in
force. Company shall qive City written notics within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, o~ any disposition of the Land, and assignment of t~is
Agreement.
IX.
If City enters into an Agreement with any other landowner 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
Aqreement, Company ana its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such aqreement or renewal aqreement. '1'h1s
Paraqraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionice, Inc. vs City af
La Porte, civil Action H-89-3969, United S~ates District Court,
Southern District of Texas.
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The parties agree that this Agreement cOJllplies with existing laws
pertaininq ~o ~he subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly resi:rictive of Company's business activities.
Without such aqreement neither party hereto would enter into t:hi..s
Agreement.. In the event anyone or more words, phrases, clauses II
sentences, paragraphs, sections, articles. or ot:her parts of ~s
Aqreement or the applicatioD thereof to any person, firm,
corporation or circumstances shall ):)e held by any court of
competent jurisdic~ion to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality.of
such words, phrase, clause, sentence, paraqraph, section, article
. or other part of the Agreement shall be deemed ~o be independent
of and separable. from the remainder of this Agreement and the
validity of the rema1ninq parts of this Aqreement 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.
The Gaon Company
BY':
(COMPANY )
~~
Name: Byron E. McWh1rcer
Title: Plaut Manager
Ac1dress: 2400 Miller Cut-Off !.oad
LaPorte, Texas 77571
ATTEST: J:}
" ~Lk- ~~~
City secretary
AP~tV. ~
Knox W. Askins
city Attorney
City of La Porte
P.o. Box 121.8
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax:" (713) 471-2047
By:
~ LA PORTE
.~~
n L. Malon
Mayor
By:
Q~ T..~
Robert T. Herrera
ci1:y Manager
CXTY OF LA POR~E
P.O. Box 1.115
La Porte, TX 77572-1115
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~a Porte, Texas
DEED
(Geon - Oxy Vinyls)
KNOW ALL MEN BY THESE PRESENTS:
That The Geon Company, a Delaware corporation ("Grantor"), for and in consideration of
Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration to Grantor paid in hand
by Oxy Vinyls, LP, a Delaware limited partnership ("Grantee"), the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, CONVEYED,
ASSIGNED and TRANSFERRED and by these presents does GRANT, BARGAIN, SELL,
CONVEY, ASSIGN and TRANSFER unto Grantee all of the land described on Exhibit A attached
hereto and made a part hereof, together with all improvements thereon (excluding, however, the
improvements thereon owned by 1994 VCM Inc., a Texas corporation) and all rights, titles and
interests appurtenant thereto, including, without limitation, all those certain easements (the
II Assigned Easements") more fully described on Exhibit B attached hereto and made a part hereof,
but SAVE AND EXCEPT those certain easements (the "Reserved Easements") described on
Exhibit C attached hereto and made a part hereof (such land, improvements, rights, titles and
interests, and Assigned Easements, but save and except the Reserved Easements, are collectively
referred to as the "Property").
This Deed is executed by Grantor and accepted by Grantee subject to the terms and
provisions of, and all the exceptions and qualifications provided in, that 'certain Asset Contribution
Agreement _ PVC Partnership (Geon) dated as of April 30, 1999 among Grantor, 1999 PVC Partner
Inc., and Grantee (the "Contribution Agreement"), a copy of which is attached hereto as Exhibit D
and made a part hereof. Because certain defined terms in the Contribution Agreement refer to the
Master Transaction Agreement between The Geon Company and Occidental Chemical Corporation
dated December 22, 1998 (the "Master Transaction Agreement"), Exhibit D also includes a copy of
the Master Transaction Agreement. Notwithstanding anything to the contrary contained herein, or
any implied warranties, Grantee shall have no remedy or claim under or by reason of this Deed or
any terms or warranties hereof, except to the extent, if any, such remedy or claim arises under the
Contribution Agreement.
The provisions of the Contribution Agreement are not merged into nor superseded by the
provisions of this Deed. This Deed may be executed in any number 'of counterparts, each of which
shall be deemed to be an original and all of which together shall be deemed to be one and the same
instrument.
I
I0280091\LAPORTE\PEED
Page 1
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.
IN WITNESS WHEREOF, the undersigned have executed this Deed on the respective dates
of their acknowledgments below to be effective as of the date set forth above.
GRANTOR
THE GEON COMPANY, a Delaware corporation
BY:~~
Name:
Title:
GRANTEE
OXY VINYLS, LP, a Delaware limited partnership
By: OCCIDENTAL PVC, LLC, a Delaware limited
liability company, gen~ral partner
By:
Name:
Title:
l0280091\LAPORTEIDEED
Execution Page 1
.....
I
IN wITNEss WHEREOF, the undersigned have executed this Deed on the respective dates
of their acknowledgments below to be effective as of the date set forth above. .
GRANTOR
THE GEON COMPANY, a Delaware corporation
By:
Name:
Title:
By:
Name:
Title:
GRANTEE
OXY VINYLS, LP, a Delaware limited partnership
By: OCCIDENTAL PVC, LLC, a Delaware limited
liability company, geI)eral partner
By: c7Jz- dr. 7~.
Name: Duane M. Stamp
Title: Vice President
I028009I~RTEND~
Execution Page 1
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COUNTY OF DALLAS
)
) SS
)
STATE OF TEXAS
The foregoing instrument was acknowledged before me this 30 day of Apri 1 . .
1999, by Duane M. Stamp . the Vice President of
Occidental PVC, LLC, a Delaware limited liability company, General Partner ofOxy Vinyls, LP,
a Delaware limited partnership, on behalf of said limited liability company and limited partnership.
My~[ti~"bol idNA.1tP I/J&~
Notary Public, State of ---re ,<f)/J-
lk:~~'i' PAMELA D. HILLENBRAND
~*: i*~ MY COMMISSION EXPIRES
\~...\ ~l April 21, 2001
'.,.91~"'"
After recording return to:
Sophia M. Deseran, Esq.
Thompson Hine & Flory LLP
3900 Key Center
127 Public Square
Cleveland, Ohio 44114
(216) 566-5500
I 028009 I\LAPORTE\DEED
Execution Page 3
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LaPorte, Texas
Exhibit A to Deed
Property
TRACT I:
BEING 66.04726 acres of land, more or less, in the Arthur McCormick Survey, Abstract No. 46,
Harris County, Texas, being a portion of (1), that certain tract ofland conveyed from Phillips
Petroleum Company to Diamond Shamrock Corporation, as Tract 1, by instrwIlent recorded
under County Clerk's File No. E608664 (Film Code No. 131-07-0516) Official Public Records of
Real Property, Harris County, Texas (2) that certain tract of land conveyed from Southern
Broadcasting Company to Diamond Shamrock Corporation by instrument recorded under County
Clerk's File No. E766976 (Film Code No. 141-05-1979) Official Public Records of Real
Property, Harris County, Texas, said 66.04726 acres ofland being more particularly described by
metes and bounds as follows: .
COMMENCING at the west comer of the said tract of land conveyed from Southern
Broadcasting Company, same being the most westerly south comer of said tract of land conveyed
from Phillips Petroleum Company and same also being in the northeasterly right-of-way line of
Miller Cut-Off Road, from said place of commencing a 3/4 inch pinch top pipe found bears
South 69 deg. 04 min. 56 sec. West, 1.58 feet;
THENCE, South 65 deg. 42 min. 21 sec. East, along said northeasterly ,right-of-way of Miller
Cut-Off Road same being the southwesterly line of said tract of land conveyed from Southern
Broadcasting Company, a distance of 10.34 feet to a 5/8 inch iron rod found for the west comer
and PLACE OF BEGINNING of the herein described tract (0-00.08 and E.0+I0.29);
THENCE, North 24 deg. 17 min. 04 sec. East at 707.55 feet pass the northwesterly line of said
tract of land conveyed from Southern Broadcasting Company same b~ing oa southeasterly line of
said tract of land conveyed from Phillips Petroleum Company, continuing the same course a total
distance of 1924.73 feet to a 5/8 inch iron rod found for the north comer of the herein described
tract (N19+24.65 and EO+ 10.29);
THENCE, South 65 deg. 43 min. 41 sec. East, a 17.80 feet pass said southeasterly line of said
tract of land conveyed from Phillips Petroleum Company same being said northwesterly line of
said tract conveyed from Southern Broadcasting Company, at 92.81 feet pass a fence comer,
continuing along a chain link fence, at 1324.20 feet pass the east line of said tract conveyed from
Southern Broadcasting Company same being a west line of said tract of land conveyed from
Phillips Petroleum Company, continuing the same course and with said fence a total distance of
1425.71 feet to a 5/8 inch iron rod found for the most northerly east comer of the herein
described tract (N19+24.96 and EI4+36.00);
l0320634\LAPOR TE\DEED\LEGAL
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THENCE, South 24 deg. 1'1 min. 04 sec. West, at 242.61 feet pass said west line of said tract
conveyed from Phillips Petroleum Company same being said east line of said tract conveyed
from Southern Broadcasting Company, continuing the same course a total distance of 579.70 feet
to a 1/2 inch iron rod set for an interior comer of the herein described tract ofland (N13+45.26
and EI4+36.00);
THENCE, South 65 deg. 42 min. 56 sec. East, a distance of 216.85 feet to a 1/2 inch iron rod set
for the east comer of the herein described tract (N13+45.26 and EI6+52.85);
THENCE, South 24 deg. 17 min. 04 sec. West, a distance of 611.09 feet to a 1/2 inch iron rod set
for the most easterly south comer of the herein described tract (N7+ 34.17 and E 16+52.85);
THENCE, North 65 deg. 42 min. 56 sec. West, a distance of216.85 feet to a 1/2 inch iron rod set
for an interior comer of the herein described tract (N7+34.17 and EI4+36.00);
THENCE, South 24 deg. 17 min. 04 sec. West, a distance of 734.49 feet to a 5/8 inch iron rod
found for the south comer of the herein described tract of land in the common line between said
tract of land conveyed from Phillips Petroleum Company and Miller Cut-Off Road (NO+32 and
EI4+36.00) from which a fence comer post bears South 87 deg. 27 min. 34 sec. West, 7.9 feet;
THENCE, North 65 deg. 42 min. 21 sec. West, along said common line, at 808.59 feet pass the
most southerly west comer of said tract of land conveyed from Phillips Petroleum Company
same being the southwest comer of said tract of land conveyed from Southern Broadcasting
Company, continuing the same course along the common line between said tract of land
conveyed from Southern Broadcasting Company and Miller Cut-Off Road, a distance of
1425.71 feet to the PLACE OF BEGINNING and containing 66.04726 acres ofland.
TRACT II:
All that tract or parcel of land lying and being situated in Harris County, Texas, out of the Arthur
McCormick Survey, Abstract No. 46 and being a part of the 194.60 acres of land conveyed to
Diamond Shamrock Corp. as recorded in File No. 131-07-0516 of the Harris County Deed
Records, and now more particularly described as follows:
Starting at the south or southeast comer of the B.F.G. Intermediates Existing Plant, a 5/8" rod
found at said comer on the northeast R.O.W. line of Miller Cut Off Road;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of90.00 feet along the east line of the
said B.F.G. Intermediates Existing Plant to the POINT OF BEGINNING a 5/8" iron rod set for
comer;
l0320634\LAPORTE\DEED\LEGAL
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THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 644.49 feet, along the east line of
said B.F.G. Intermediates Existing Plant, to a point for comer;
THENCE, South 65 deg. 41 min. 56 sec. East, a distance of216.65 feet, along the said line of the
B.F.G. Intermediates Tract;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 611.09 feet along the said line of the
B.F.G. Intermediates Tract;
THENCE, North 65 deg. 41 min. 56 sec. West, a distance of216.85 feet along the said line of the
B.F.G. Intermediates Tract;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of579.23 feet along the said line of the
B.F.G. Intermediates Tract, to the northeast comer of the B.F.G. Intermediates Tract and now
being the northwest comer of this tract;
THENCE, South 65 deg. 41 min. 24 sec. East, a distance of 1152.86 feet to a 5/8" iron rod set for
the northeast comer of this tract, said point being 90.00 feet from the original east line of the
194.60 acres tract;
THENCE, South 24 deg. 16 min. 48 sec. West, a distance of 1720.71 feet along a line 90.00 feet
perpendicular and parallel to the east line of the original tract to a 5/8" iron rod for comer;
THENCE, South 69 deg. 17 min. 30 sec. West, a distance of 161.29 feet to a 5/8" iron rod for
comer;
THENCE, North 66 deg. 40 min. 08 sec. West, a distance of 620.58 feet along a line 90 feet
perpendicular and parallel to the northeast R.O.W. line of Miller Cut Off to a point for comer;
THENCE, North 65 deg. 43 min. 21 sec. West, a distance of 418.90 feet the POINT OF
BEGINNING and CONTAINING 45.3798 acres ofland, more or less.
I0320634\LAPORTE\DEED\LEGAL
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LaPorte, Texas
Exhibit B to Deed
Assigned Easements
I.. Independence Easement Agreement by and among Diamond Shamrock and DSPC, dated
as of December 31, 1981, recorded January 4, 1982 as File No. H281490 (Film Code
No. 004-01-0585) of Harris County, Texas Clerk's Records.
2. Spillway Easement in Easement and Agreement by and between Diamond Shamrock and
DSPC, dated December 31, 1981, recorded January 4, 1982 as File No. H281492 (Film
Code 004-81-0700) of Harris County, Texas Clerk's Records.
3. Easement and Agreement Amendment No.1 by and between Diamond Shamrock and
LaPorte Chemicals, dated May 7, 1982, recorded May 10, 1982 as File No. H452781
(Film Code No. 014-97-0391) of Harris County, Texas Clerk's Records.
4. Oil, Gas, Etc. Pipeline License, between Port of Houston Authority, as Licensor, and
LaPorte Chemicals, as Licensee, dated as of September 9, 1985.
5. Letter Agreement, between Houston Lighting & Power Company and LaPorte Chemicals,
dated October I, 1985 and accepted October 15, 1985 for an eight (8)-inch gas pipeline
within the Sam Bertron Power Plant Property.
6. Easement from Diamond Shamrock Chemicals Company, as Grantor, to LaPorte
Chemicals, as Grantee, dated October 29, 1985, recorded March 26, 1986 as File
No. K465352 (Film Code No. 042-65-0518) of Harris County, Texas Clerk's Records.
7. Right of Way Easement from Phillips Petroleum Company, as Grantor, to BFG
Intermediates Company, Inc., as Grantee, dated August 30, 1990, recorded August 21,
1990 as File No. M783218 (Film Code No. 185-76-0257) of Harris County, Texas
Clerk's Records.
8. Unrecorded Pipeline Right of Way and Easement, from FINA Oil & Chemical Company,
as Grantor, to BFG Intermediates Company, Inc., as Grantee, dated September 14, 1990.
9. Pipeline Easements from OxyChem to Goodrich dated December 18, 1991, recorded
December 23, 1991 as File No. N463262 (Film Code No. 010-51-2497) of Harris County,
Texas Clerk's Records, affecting the 45 Acre Parcel and Pipeline Easement Amendment
by and between OxyChem, as Grantor, and Geon, as Grantee, dated October 28, 1997,
recorded as File No. S773752 (Film Code No. 516-07-1567) of Harris County, Texas
Clerk's Records.
: :ODMA \PCDOCS\CLEVELAND\ I 0280828\4 04/26199
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10. Oil, Gas, Etc. Pipeline License (Railroad Right-of-Way), dated September 1, 1994,
between Port of Houston Authority, as Licensor, and Geon, as Licensee.
11. Oil, Gas, Etc. Pipeline License (Railroad Right-of-Way) between Port of Houston
Authority (the "Port"), as Licensor, and B. F. Goodrich Intermediates, Inc. ("BFGI") as
Licensee, dated August 1, 1990.
12. Pipeline Right-of-Way and Easement from Rollins Environmental Services (TX), Inc., as
Grantor to The B.F. Goodrich Company (Grantee) dated January 31, 1992.
::ODMA\PCDOCS\CLEVELAND\10280828\4 04/26/99 -2-
'.
~om'~1JI17
THE r::hIAIb ~G rw COMPANY
e.
2400 Miller Cutoff Road
LaPorte, Texas 77571
February 23, 1994
Robert T. Herrera
City Manager
City of LaPorte
P. O. Box 1115
LaPorte, TX 77572
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Herrera:
Per your request, please find enclosed, a plat depicting site improvements for Exhibit "B"
at our location.
Please notify us if further assistance is needed.
Sincerely,
~~.Tht~
Byron E. McWhirter
Plant Manager
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CITY OF L~ PORTE
PHONE 17131 471.5020 . p, 0, Box I I 15 . LA PORTE. TEXAS 77572
January 27t 1994
Geon Company
Attn: Byron McWhirter, Plant Manager
2400 Miller Cutoff Road
La Porte, TX 77571
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. McWhirter:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. As part of the document preparation, the City examined Exhibit "B" furnished by
your firm. While reviewing the documents, we found that Exhibit liB" does not indicate all
improvements. If you have available to you a plat that depicts site improvements, please
forward. If you do not, please notify us so we may make a notation for our files.
Exhibit liB" is new to the Industrial District Agreements. In the past, the City has not had a
complete and cohesive map of the extraterritorial jurisdiction (ETJ) with participants in the
Industrial District Agreements delineated. It is our intent to use this exhibit as a base for
developing such a map. We also feel tha~ these exhibits will assist in monitoring the faithful
performance of the Industrial District Agreements as well as aiding long-range planning activities
and in some instances responding to emergency situations within the ETJ.
If you do not have this information, cannot readily develop it, or need to discuss this request,
please contact my Assistant City Manager John Jeerns.
Thank you for your assistance in completing these documents.
Sincerely,
G?~-t T. ~~
Robert T. Herrera
City Manager
RTHlcjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-25
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Industrial District Agreements
Each company's packet should contain the following:
./ V
A letter offering the agreement and certified copy of ordinance
A letter requesting action J
Agreement - signed by company. Mayor. RTH. Sue. Knox
./
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Exhibit II A"
Exhibit II B II - some will not have this item since we kept the only one that was sent
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"EXHIBIT A".
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
The Geon Company
(Metes and Bounds Description of Land)
9
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;>,0 Box 1 3429
HOUSTON. TEXAS 77019
713/528-4118
e
December 1, 1981
DESCRIPTION
BEING 66.04726 acres of land located in the Arthur McCormick Survey.
Abstract:No~'46, Harris County. Texas and being. a portion of (1). that
certain tract of land conveyed from Phillips Petroleum Company to
Dbmond Shamrock Corporation, as Tract 1. by instl"U!llent recorded under
County Clerk's File Mo. E608564 (Film Code No. 131-07-05i6) Official
Public Records of Real Property. Harris County, Texas (2). that certain
tract of land conveyed from Southern Broadcasting Company to DialtOnd
Shamrock Corporation by, instrument recprded u~der County Cl erk' s Fil e
No. E766976 (Film Corle No. 141-05-1979) Officlal Public Records of Real
,Property. Harris County. Texas, said 66.04126 acres of land being more
particularly described by metes and bounds as follows:
NOTE: All Bearing recited herein are referenced to Grid North on the
Texas State Plane Coordinate System. South Central Zone. All Coordinates
rec1t2d herein are referenced to the Independence Plant grid.
COMMalCIrlG at the west corner of the said tract of land conveyed from
Southern Braadcasting Company, same being the Jl'X:lst westerly south corner
of said tract of .land conveyed from Phill ips Petroleum Company and same
also being in the northeas'b!rly right-of-~y line of Mill er Cut-Off
Road. from said place of commencing a 3/4 inch pinch top pipe found
bears South 69 deg. 04: min. 56 sec. Wes:. l~58 feet; ,
THEN=E South 65 d~g. 4~ min. 21 sec. East. along said nar~heaster1y
right-of-way of Miller Cut-off Road same being the southwesterly 1 ine o'f
said tract of land conveyed. from Southern Broadcasting Comoany. a
distance of 10.34 fe1!!t to a 5/8 inch iron rod found for the west corner
and PLACE OF "BEGINNING of the herein described tract (0-00.08 and E.0+I0.29);
rnENC;:: North 24 deg. ,17 min. 04 sec. East at 707.55 feet pass the nortliw~ste,.ly
line of said tract of land conveyed from' Southern Broadcasting Company
same being a southeasterly line of.".said tract of land canveyed from
Phillips Pe~roleum Company, continuing the same course a total distance
of 1924.73 feet to a 5/8 inch iron rod found for the north corner of the
herein described tract ("19+24.65 and EO+10.29); '.
\
;.
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THENCE South 65 d~g. 43 min. 41 spc. East. a 1:.80 fee~ p~s~ ~aid s~u~~easterly
line of said tract of land conveyed from 'Phill ips Petero1eum Company .
same being said northwesterly line of said tract conveyed from SoJuthern
Broadcasting Company. at 92.81 fe~t pass a fence corner. continuing
along a chain link fence. at 1324.20 feet pass the east line of said
tract conveyed from Southern Broadcasting Company same being a, west line
of said tract of land conveyed form Phillips Petroleum Company. continuing
the same course and with said fence a total distance of 1425.71 feet to
a 5/8 inch iron rod found for .the roost nol"therly east cerner of th~
herein described tract (Nl9+24.96 and E14+36.00);
THENCE South 24 deg. 17 min. 04 sec. West, at 24Z.61 feet pass said west
line of said tract conveyed from Phillips Peteroleum Company same being
said east line. of'said tract conveyed from Southern Broadcasting Company.
ccntinuing. the same course a total distance of 579.70 feet to a 1/2 inch
iran rod set fo!:':'an interior corner of the herein described tract of' ' .
land (N13+45.26 and E14+36.00):
THENCE South 65 deg. 42 min. 56 sec. East, a distance of 216.85 f~t to
a: l/Z" inch iroD rod' set' 'for' the east corner of the herein described
,tract (111'3+45.26 and. El6+SZ.8S);
EXHiBIT
"A"
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..:~~~ ~~~;;~;:~~'<~577019 e
THENCE South 24 des. 17 min. 04 sec. West. a distance of 611.09 feet to
a 1/2 inch iron rod set for the w~st easterly south corner of the herein
described tract (N7+34.17 and E16+52.BS);
THENCE North 65 deg. 42 min. 56 sec. West. a. distance of 216.85 feet to
a 1/2 inch iron rod set for an interior corner of the herein described
tract (N7+34.17 and E14+36.00)i
TIIENCE South 24 deg. 17 min. 04 sec. West. a distance of 734.49 feet to
a 5/8 inch fron rod found for the south corner of the herein described
tract of 1 and in the corm:an 1 ine bebeen said tract of 1 and conveyed
from P~illips Petroleum Company and Miller Cut-Dff Road (NO+32 and
E14+36.00) from which a fence corner post bears South 87 deg. 27 min. 34
sec. West, 7.9 feeti
THENCE North 65 deg. 42 min. 21 sec. West, along said common line, at
808.59 feet pass the most southerly west Cilrner of said tract of land
conveyed from Phill ips PetrolelJlD Company same being the southwest corner
of said tract of land conveyed from Southern Broadcasting Company,
continuing the same course along the cOll1llOn 1 ine between said tract of
1 and conveyed from Southern Broadcasting Conq:Iany and 1-1111 er Cut-Off
Road, a distance of 1425.71 feet to the PLACE OF BEGINNING- and containing
66.04726 acres of land.
d:$J;2~
E. L. Smiers. Jr.
Registered Public Surveyor Mo. 1949
skn
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FIELD NOTES DESCRIPTION OF A
45.3798 ACRES TRACT
OUT OF THE ARTHUR McCORMICK
SURVEY A-46
HARRIS COUNTY, TEXAS
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN HARRIS COUNTY. TEXAS, OUT OF THE ARTHUR
McCORMICK SURVEY, A-46, AND BEING A PART OF THE 194.60 ACRES OF
LAND CONVEYED TO DIAMOND SHAMROCK CORP. AS RECORDED IN
FILE No. 131-Q7-Q516", OF THE HARRIS COUNTY DEED RECORDS. AND
NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STARTING AT THE SOUTH OR SOUTHEAST CORNER OF THE B. F.
G. INTERMEDIATES EXISTING PLANT, A 5/8" ROD FOUND AT SAID
CORNER. ON THE NORTHEAST R. O. W. LINE OF MILLER CUT OFF ROAD;
THENCE: N 24 - 18 - 04 E. A DISTANCE OF 90.00 FEET ALONG THE
EAST LINE OF THE SAID B. F. G. INTERMEDIATES EXISTING PLANT. TO
THE POINT OF BEGINNING, A 5/8" IRON SET FOR CORNER;
THENCE: N 24 - 18 - 04 E, A DISTANCE OF 644.49 FEET, ALONG THE
EAST LINE OF THE SAID B. F. G. INTERMEDIATES PLANT. TO A POINT FOR
CORNER;
THENCE: S 65 - 41 - 56 E, A DISTANCE OF 216.85 FEET ALONG THE
SAID LINE OF THE B. F. G. INTERMEDIATES TRACT;
THENCE: N 24 - 18 - 04 E, A DISTANCE OF 611.09 FEET ALONG THE
SAID LINE OF THE B. F. G. INTERMEDIATES TRACT;
THENCE: N 65 - 41 - 56 W. A DISTANCE OF 216.85 FEET ALONG THE
SAID LINE OF THE B. F. G. INTERMEDIATES TRACT;
THENCE: N 24 - 18 - 04 E, A DISTANCE OF 579.23 FEET ALONG THE
SAID LINE OF THE B. F. G. INTERMEDIATES TRACT. TO THE NORTHEAST
CORNER OF THE B. F. G. INTERMEDIATES TRACT. AND NOW BEING THE
NORTHWEST CORNER OF THIS TRACT;
THENCE: S 65 - 41"- 24 E. A DISTANCE OF 1152.86 FEET TO A 5/8"
IRON ROD SET FOR THE NORTHEAST CORNER OF THIS TRACT. SAID
POINT BEING 90.00 FEET FROM THE ORIGINAL EAST LINE OF THE 194.60
ACRES TRACT;
THENCE: S 24 -16 - 48 W. A DISTANCE OF 1720.71 FEET, ALONG A
LINE 90.00 FEET PERPENDICULAR AND PARALLEL TO THE EAST LINE OF
THE ORIGINAL TRACT. TO A 5/8" IRON ROD FOR CORNER;
THENCE: S 69 - 17 - 30 W, A DISTANCE OF 161.29 FEET TO A 5/8"
IRON ROD FOR CORNER;
THENCE: N 65 - 40 - 08 W, A DISTANCE OF 620.56 FEET ALONG A
LINE 90 FEET PERPENDICULAR AND PARALLEL TO THE NORTHEAST
R.O.W. LINE OF MILLER CUT OFF ROAD, TO A POINT FOR CORNER;
/
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THENCE: N 65 - 43 - 21 W, A DISTANCE OF 418.90 FEET THE POINT
OF BEGINNING AND CONTAINING 45.3798 ACRES OF LAND AS SURVEYED
ON THE GROUND UNDER MY SUPERVISION.
~-5
DANTE CARLOMAGNO
REGISTERED PROFESSIONAL
SURVEYOR, NUMBER 1562
9043E
04-05-91
/
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EASEMENT #I 1
DESCRIPTION OF A 50 FOOT
MULTIPLE PIPELINE CROSSINGS
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN HARRIS COUNTY, TEXAS, OUT OF THE ARTHUR
McCQRMICK SURVEY, A-46, AND BEING A PART OF THE 194.60 ACRES OF
LAND CONVEYED TO DIAMOND SHAMROCK CORP. AS RECORDED IN
FILE No. 131-07-0516, OF THE HARRIS COUNTY DEED RECORDS, AND
NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STARTING AT THE NORTHEAST CORNER OF THE 45.3798 ACRE
TRACT FOR A POINT OF REFERENCE;
THENCE: S 24 - 16 - 48 W A DISTANCE OF 100.00 FEET, ALONG THE
EAST LINE OF THE SAID ABOVE DESCRIBED TRACT TO THE POINT OF
BEGINNING OF THIS EASEMENT;
THENCE: S 65 - 41 - 24 E, A DISTANCE OF 90.00 FEET TO A POINT
ON THE EAST LINE OF THE ORIGINAL 194.60 ACRES TRACT, FOR THE
NORTHEAST CORNER OF THIS EASEMENT;
THENCE: S 24 -16 - 48 W, A DISTANCE OF 50.00 FEET ALONG SAID
LINE TO A POINT FOR THE SOUTHEAST CORNER OF THIS EASEMENT;
THENCE: N 65 - 41 - 24 W, A DISTANCE OF 90.00 FEET TO A POINT
ON THE EAST LINE OF THE ABOVE DESCRIBED 45.3798 ACRES TRACT,
FOR THE SOUTHWEST CORNER OF THIS EASEMENT;
THENCE: N 24 - 16 - 48 E, A DISTANCE OF 50.00 FEET ALONG THE
SAID EAST LINE OF THE 45.3798 ACRES TRACT TO THE POINT OF
BEGINNING AND CONTAINING 0.1033 ACRES OF LAND, AS SURVEYED ON
THE GROUND UNDER MY SUPERVISION.
7~~
DANTE CARLOMAGNO
REGISTERED PROFESSIONAL
SURVEYOR,NUMBER1562
9043E
04-05-91
/
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EASEMENT # 2
DESCRIPTION OF A 50 FOOT
MULTIPLE PIPELINE CROSSINGS
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN HARRIS COUNTY, TEXAS, OUT OF THE ARTHUR
McCORMICK SURVEY, A-46, AND BEING A PART OF THE 194.60 ACRES OF
LAND CONVEYED TO DIAMOND SHAMROCK CORP. AS RECORDED IN
FILE No. 131-07-0516, OF THE HARRIS COUNTY DEED RECORDS, AND
NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STARTING AT THE NORTHEAST CORNER OF THE 45.3798 ACRE
TRACT FOR A POINT OF REFERENCE; ,
THENCE: S 24 -16 - 48 W A DISTANCE OF 829.79 FEET, ALONG THE
EAST LINE OF THE 45.3798 ACRES TRACT TO THE POINT OF BEGINNING
OF THIS EASEMENT;
THENCE: S 65 - 43 - 12 E, A DISTANCE OF 90.00 FEET TO A POINT
ON THE EAST LINE OF THE ORIGINAL 194.60 ACRES TRACT, FOR THE
NORTHEAST CORNER OF THIS EASEMENT;
THENCE: S 24 - 16 - 48 W, A DISTANCE OF 50.00 FEET ALONG SAID
LINE TO A POINT FOR THE SOUTHEAST CORNER OF THIS TRACT;
THENCE: N 65 - 43 - 12 W, A DISTANCE OF 90.00 FEET TO A POINT
ON THE EAST LINE OF THE ABOVE DESCRIBED 45.3798 ACRES TRACT,
FOR THE SOUTHWEST CORNER OF THIS EASEMENT;
THENCE: N 24 - 16 - 48 E, A DISTANCE OF 50.00 FEET ALONG THE
SAID EAST LINE OF THE 45.3798 ACRES TRACT TO THE POINT OF
BEGINNING AND CONTAINING 0.1033 ACRES OF LAND, AS SURVEYED ON
THE GROUND UNDER
MY SUPERVISION.
DANTE CARLOMAGNO
REGISTERED PROFESSIONAL
SURVEYOR, NUMBER 1562
/~
9043E
04-05-91
/
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e
EASEMENT # 3
DESCRIPTION OF A 50 FOOT
MULTIPLE PIPELINE CROSSINGS
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN HARRIS COUNTY, TEXAS, OUT OF THE ARTHUR
McCORMICK SURVEY, A-46, AND BEING A PART OF THE 194.60 ACRES OF
LAND CONVEYED TO DIAMOND SHAMROCK CORP. AS RECORDED IN
FILE No. 131-07-0516, OF THE HARRIS COUNTY DEED RECORDS, AND
NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHRERN MOST SOUTHEAST CORNER OF
THE 45.3798 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS
EASEMENT;
THENCE: S 24 - 18 - 37 W, A DISTANCE OF 90.00 FEET TO A POINT
ON THE NORTHEAST R.O.W. LINE OF MILLER CUT OFF ROAD, FOR THE
SOUTHEAST CORNER OF THIS EASEMENT;
THENCE: N 65 - 40 - 08 W, A DISTANCE OF 50.00 FEET ALONG SAID
R.O.W. LINE TO A POINT FOR THE SOUTHWEST CORNER OF THIS
EASEMENT; . .
THENCE: N 24 - 18 - 37 W, A DISTANCE OF 90.00 FEET TO A POINT
ON THE SOUTH LINE OF THE ABOVE DESCRIBED 45.3798 ACRES TRACT,
FOR THE NORTHWEST CORNER OF THIS EASEMENT;
THENCE: S 65 - 40 - 08 E, A DISTANCE OF 50.00 FEET ALONG THE
SAID SOUTH LINE OF THE 45.3798 ACRES TRACT TO THE POINT OF
BEGINNING AND CONTAINING 0.1033 ACRES OF LAND, AS SURVEYED ON
THE GROUND UNDER MY SUPERVISION.
DANTE CARLOMA
REGISTERED PROFES IONAL
SURVEYOR, NUMBER 1562
9043E
04-05-91
..
/
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8
EASEMENT # 4
DESCRIPTION OF A 50 FOOT
MULTIPLE PIPELINE CROSSINGS
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN HARRIS COUNTY. TEXAS. OUT OF THE ARTHUR
McCORMICK SURVEY. A-46. AND BEING A PART OF THE 194.60 ACRES OF
LAND CONVEYED TO DIAMOND SHAMROCK CORP. AS RECORDED IN
FILE No. 131-07-0516. OF THE HARRIS COUNTY DEED RECORDS. AND
NOW MORE PARTICULARLY DESCRIBED AS FOLLOWS:
STARTING AT THE SOUTHWEST CORNER OF THE 45.3798 ACRE
TRACT FOR A POINT OF REFERENCE;
THENCE: S 65 - 43 - 21 E A DISTANCE OF 200.00 FEET. ALONG THE
SOUTH LINE OF THE 45.3798 ACRES TRACT TO THE POINT OF BEGINNING
OF THIS EASEMENT;
THENCE: S 65 - 43 - 21 E. A DISTANCE OF 50.00 FEET ALONG THE
SAID SOUTH LINE FOR FOR THE NORTHEAST CORNER OF THIS
EASEMENT;
THENCE: S 24 - 18 - 37 W. A DISTANCE OF 90.00 FEET TO A POINT
ON THE NORTHEAST R.O.W. LINE OF MILLER CUTOFF ROAD FOR THE
SOUTHEAST CORNER OF THIS EASEMENT;
THENCE: N 65 - 43 - 21 W. A DISTANCE OF 50.00 FEET ALONG THE
SAID MILLER CUTOFF ROAD R.O.W. LINE TO A POINT FOR THE
SOUTHWEST CORNER OF THIS EASEMENT;
THENCE: N 24 - 18 - 37 E. A DISTANCE OF 90.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 0.1033 ACRES OF LAND. AS
SURVEYED ON THE GROUND UNDER
MY SUPERVISION.
DANTE CARLOMAGN
REGISTERED PROFES 1\L
SURVEYOR. NUMBER 1562
~
~
9043E
04-05-91
.
.
.
.
~
\
"EXHIBIT B",
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
The Geon Company
(Attach Plat reflecting the ownership boundary lines; a
si te layout, showing all improvements,' including
pipelines and railroads, and also ~howing areas of the
Land previously annexed by the City of La Porte.)
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