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ORDINANCE NO. 93-IDA-28
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH OCCIDENTAL CHEMICAL
CORPORATION, FOR 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. OCCIDENTAL CHEMICAL CORPORATION 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, incorporated 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
ci ty 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-28
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.
By:
CITY OF LA PORTE
~~
man L. Malo ,
Mayor
ATTEST:
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Sue Lenes,
City Secretary
AP2$Z'cJ
Knox W. Askins,
City Attorney
CURRENT NAME
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PREVIOUS NAME & DATE
Occidental Petro Electrochemical
Diamond Shamrock, up to 1987
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'in · Complete items 1 end/or 2 for additional services.
CD . Complete items 3, and 4a & b.
E! . Print your name and address on the reverse of this form so that wa can
CD raturn this card to you.
! . Attach this form to the front of the mail piece, or on the back if space
does not permit,
11 · Write "Return Receipt Requested" on the mailpiece below the article number.
... . The Return Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
OCC-/ dedY ~h€Mi ccJ
alllJ " Jon Si1/cLe V"' -W /Je;Jt
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DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE
Official Business
PENALTY FOR PRIVATE
USE TO AVOID PAYMENT
OF POSTAGE, $300
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CITY MANAGi::RS ,':,' 1INl.
OFFICE auu
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P. O. BOX 1111
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CITY OF LA PORTE
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PHONE (713) 471-5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572
January 11, 1994
occidental Petro Electrochemical
Attn: Jon Snider, Tax Department
P.O. Box 868
Houston, TX 77001-0868
Re: city of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Snider:
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
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Enclosures
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NO. 93-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
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 OCCIDENTAL CHEMICAL CORPORATION
, a corporation, 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 s~ability 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
si te 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
annex~tion 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 thereonj 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 C~de, 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 p~operty.
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 tangiple 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 un annexed
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 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 0, 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. (~) 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 limi ts of City and appraised by ci ty' 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 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's tangible 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 City'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 City 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 agreelt.lent between ci ty 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 Cpmpany, 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 I s hereinabove described
property which would be due to ci ty in accordance wi th 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 faith negotiations in an attempt to reach an
agreement as to the market value of company's property for "in
11eu" 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 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
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. of 'the difference between ~he pa~ties 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" 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
City 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 tp 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.
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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.
ATTEST:
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Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
OCCIDENTAL CHEMICAL CORPORATION
(COMPANY)
By:
JAMES E. DAHSE
ASSISTANT SECRETARY
PO BOX 868
HOllS TON. 'TEXAS 77 00 1
~ OF LA PORT~
By: ~~~
rman L. Mal -
Mayor
By: ~~~ T, \~
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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Occidental Chemical Corporation
December 6, 1993
RECEIVEQ
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CITY MANAGERS
OFFICE .
City of LaPorte
604 West Fairmont Parkway
PO Box 1115
LaPorte, Texas 77572-1115
Attn: Robert T. Herrera, City Manager
Re: Industrial Dist. Agreement
Gentlemen:
Please find enclosed two subject agreements which have b~en executed for our
part as requested. !' understand thae a fully executed original will be
returned to us along with the ordinance after Council action.
Also attached are two copies of the legals on the land (attachments "An).
Attachment "B" is not yet available and will need to be forwarded at a later
date as you anticipated.
Let me know if I may be of assistance.
Yours truly,
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Jon Snider
Sr. Property Tax Agent
JDS/hma
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Property and Excise Tax Department
P.O. Box 868, Houston, Tx. 77001-0868
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Occidental Chemical Corporation
RECEIVEQ'
October 29, 1993
OCT 2 '9 1993
CITY MANAGERS
OFFICE
Mr. Robert T. Herrera
City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572-1115
{Fax No. (713) 47l-7l68}
Re: City of La Porte Proposed Industrial District Agreement,
Dated October 22, 1993.
Dear Mr. Herrera:
Occidental Chemical 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, 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
liB", at the earliest possible date.
This letter of intent is given by our firm to the City of La Porte at this
time, with the request that the City of La Porte not include our firm's land
in any annexation proceedings. Our firm understands that the City of La
Porte, in reliance upon this letter, will not include our firm's land in the
proposed annexation proceedings,
Yours very truly,
Occidental Chemical Corporation
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Property and Excise Tax Department
P.O. Box 868. Houston, Tx. 77001-0868
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(Revised: 06/86).
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
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CITY OF LA PORTE ~
INDUSTRIAL DISTRICT AGREEMENT
1~is 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
Diamond Shamrock, Chemicals
Company
, a
Delaware
corporation, hereinafter called "COMPANY",
WIT N E SSE T H: That
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 rand
WHEREAS, Company is the owner of a certain tract(s) of land more
particularly described in the Deed "Records of Harris County, Texas,
in the following Volume and Page references, to-wit:
667 acres MIL in the Arthur McCormick Survey A46
in Harris County, Texas, more particularly described
by Exhibit "A" which is incorporated herein and made
a part hereof for all purposes;
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
\'lHEREAS, 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. 842, designating portions of the area 10-
cated in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas, II hereinafter collectively called "Dis-
trict," such Ordinances being in complia~ce with the Municipal Annex-
ation Act of Texas, Article 970a, Vernons Annotated Revised Civil
Statutes of Texas; 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 Resolution
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:
1.
Ci ty 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 and retain its
eJctraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging to
Company and its assigns, and 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
,
.
.
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Industrial District Agreement - 3
the foregoing and to the later provisions of this Agrement, City does
further covenant, agree and guarantee that sucll industrial district,
to the extent that it covers said land lying within said District and
not now within the corporate limits of City, or to be annexed under
the provisions of Article II hereof, 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 of said land, including that which has been heretofore or
'which may be annexed pursuant to the later provisions 'of this
Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescri-
:::>ing any building, electrical, plumbing or inspec,tion code or codes,
Qr (c)
attempting to exercise in any manner whatever control over
t.he conduct of business thereon: provided, however, it is agreed
1:.hat City shall have the right to institute or intervene in any
judicial proceeding authorized by the Texas Water Code or the Texas
Clean Air Act to the same extent and to the same intent and effect as
:Lf all land covered by this Agreement were located within the corporate
:~imits of City.
II.
A portion of the hereinabove described property has heretofore
'been annexed by City.
Company has filed with City, coincident with
t~he execution hereof, its petition to City to annex an additional
portion of the hereinabove described property, to the end that twenty-
five percent (25%) of the total value of the land and improvements
bereinabove described shall be annexed to City.
Company agrees to
render and pay full City ad valorem taxes on such annexed land and
i.mprovements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts
elf the 65th Texas Legislature, Regular Session, 1979, as amended),
\
.
.
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Industrial District Agreement - 4
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 District has no authority to apprai.se the land, improvements,
and tangible personal property in the unannexed area for the purpose
of computing the "in lieu" payments hereunder. 'I'herefore, the parties
a;Jree 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. Company agrees to render and pay full City ad valorem
t;:lxes on such annexed land, improvements, and tangible personal pro-
pl:!rty.
Company also agrees to render to City and pay an amount "in lieu
o E taxes II on company's land, improvements, and tangible personal
property in the unannexed area equal to the sum of:'
(1) Fifty percent (50%) of the amount of ad valorem taxes which
would be payable to City if all of the hereinabove described
property which existed on January 1, 1986, had been within the
corporate limits of City and appraised each year by City's
independent appraiser: and
(:2) Thirty percent (30%) of the amount of ad valorem taxes which
would be payable to City on any increase in value of the
hereinabove described property, in excess of the appraised value
of same on January 1, 1986, resulting from new construction and
new acquisitions of tangible personal property, (exclusive of
Construction in Progress, which shall be exempt from taxation),
if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent
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.'
Industrial District Agreement - 5
appraiser:
with the sum of (1) and (2) reduced by the amount of City's ad valorem
taxes on the annexed portion thereof as determined by appraisal by
the Harris County Appraisal District.
Nothing herein contained shall ever be construed as in derogation
of the authority of the Harris County Appraisal District. to establish
1:.he appraised value of land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
This Agreement shall e'xtend for a period beginning on the 1st
day of January, 1987, and continue thereafter until December 31, 1993,
unless extended for an additional period or periods of time upon
mutual consent of Company and City as provided by the Municipal
J\.nnexation 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, 1993, 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 agrement, and in such event
Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.),
as amended after January 1, 1980, 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
Ci ty 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, 1980.
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Industrial District Agreement - 6
IV.
This Agreement may be extended for an additional period or
periods by agreement between City and Con~any and/or its assigns even
t.hough 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. In
this connection, City hereby expresses its belief that industrial
district agreements of .the kind made herein are conducive to the
dl~velopment of existing and future industry and are to ,the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial' district agreements and to extend for
additional periods permitted by law this Industrial District Agreement
uporl request of Company or its assigns; provided, however, that
nothing herein contained shall be deemed to obligate either party
he~eto to agree to an extension of this Agrement.
V.
Company agrees to pay all
ad valorem taxes, and all "in lieu I W/\/'
January If.. IC3
or before 1)'e-C'emDerr 31 of
the term hereof and in 1994.
agreed that presently the
of taxes" payments hereunder, to City on
the second and each subsequent year during
~~~~~~91~~~ It is
,.CV-j I u/3/ J/tf.
ratio of ad valorem tax assessment used by City is one
hundred percent
(100%) of the fair market value of property.
Any change in such
ratio used by City shall be reflected in any subsequent computations
her(~under. This Agreement shall be subject to all provisions of law
relating to determination of value of land, improvements, and tangible
personal property, for tax purposes (e.g., rendition, assessment,
Harris County Appraisal District review and appeal prpcedures, court
appeals, etc.) for purposes of fixing and determining the amount of
ad valorem tax payments, and the amount of "in lieu of tax" payments
hereunder, except as otherwise provided in Articles II and VI hereof.
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
e
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Industrial District Agreement - 7
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.
Nothwithstanding such protest by Company, Company agrees to pay
to 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 by Company to City in accordance with the foregoing
provisions of this Agrement on the basis of renditions which shall be Rr
Ma 15 ep..- / /0/ J/ y,( . IL~
filed by Company on or before Ma:Xft-~~ of each year during the term I
of this Agreement, with both the City and the Harris County Appraisal
District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
det.ermined, either as the result of final judgm~nt 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
bas,:!d on such final valuation, together with applicable penalties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser 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
writt:en notice of disagreement within such time period, the appraisal
made by said independent appraiser shall be final and controlling 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
e
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Industrial District Agreement - 8
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 I s property for "in lieu" purposes
I
hereunder.
If, after the expiration of thirty (30) days from the
d.:lte the 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(S).
Notwithstanding any such disagreement by
*
Company, Company agrees to pay to Ci ty #!ti06it-;'~~v6~~t~1:)6,4.~~t..~" 'VvJfr"
,11.1.;'--/ ~::J/J-I . . ,....
-~~t~~~t..~~~t..~~~t~~~~v6~~ at least the total of (a) the ad
valorem taxes on the annexed portions, plus (b) the total amount of
thl~ "in lieu" payments which' would be due hereunder on the basis of
COr:lpany's valuations rendered and/or s'ubmitted 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
rfexas 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
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
J/~!. i i
)
,,:
decision shall then be final and binding upon the parties,
*, subject to readjustment pursuant to the final arbitration, on or LA(
before January 31 of the second and each subsequent year during ther
term hereof and in 1994,
e
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Industrial District Agreement - 9
subject only to judicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's Annot-
ated 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.
(C) Should the provisions of Article II of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceabili ty of the Texas Property Code (S. B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then and
in any of such events, all payments under this Agreement shall be
governed by the provisions of Article II hereof ~ anything to the
contrary in this Agreement notwithstanding.
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 II in lieu of taxes II
payments hereunder, which shall accrue penalty and interest in like
mann.:!r as delinquent taxes, and which shall be collectible by City in
the same manner as provided by law for delinquent taxes.
VIII.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the 'provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
e
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Industrial District Agreement - 10
IX.
This Agreement shall inure to the benefit of and be binding
upon City and Company, and upon Company's successors and assigns,
c.ffiliates 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
mmed by Company situated within said territory, for so long as this
A9reement or any extension thereof remains in force.
X.'
If City enters into an Agreement with any other landowner with
respect to an industrial district C~ enters into a renewal of any
existing industrial district agreements after the effective date
he;:-eof 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
thi s Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement: provided,
however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing
agreements, containing a percentage of ad valorem taxes more favorable
to 1:he landowner than that contained in Paragraph I I, Subparagraph 3
(2) hereof, and Company and its assigns shall not have the right to
amer..d this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal, thereof, than
that contained in Paragraph II, Subparagraph 3 (2) hereof. City may
extend more favorable terms to landowners covered by existing contracts
only to the extent such favorable terms apply to any increase in
va1UI~ of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Sub-
para9raph 3 (2) hereof.
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Industrial District Agreement - 11
m
ilA(~~#Wi#l#P#1ftI>I;#~t~t#~~~t~~
S~i~~i~i~ti~#<<~$t'~t#t~t4V~Jt,"min
~.~~~~~3A~m~~1-'~1-3A1ll9'1~~1"flJCl)(~1-~11"1-~HJ1
~.~1l~~1-~~~JlJl1-~~1-~'1-~~~1-~'1-~~1-;:11-~l!
~~~~~~~1-1-~~'~~-~~~~~~~~~1-~1-~~Y1-~11-~~1-~1r~;?~
~,~~~t~~1-~1-1-~~~~~~~~~~~~~~~~~~Y1-1-~"1-~1-~1-~1-1r"~1l!1
~~1~1t~~~~X1-~1-~~qc1-9f~"1-";C'~1-""'1-~)C'1-~
~~~1-~~m-~t~~1~~~~1~~~~
~=1m.,q.~1-,c~911-~~1-'~1-m1-~~1-"f.1-""r4'" ~
~:1t~~14-'Jf1..~~m~~~ J2,I-A./
XII.
Upon the commencement of the term of this Agreement, all other
pn!viously existing industrial district agreements with respect to
said land shall terminate. *
3rd
ENTERED INTO this ~ day
October
o f )8~, 1986.
_~(J ~
ATTEST:
Diamond Shamrock Chemicals Company
(COMPANY)
~., €,.
BY _.-/~/ d(.UAr....A->
Name: Michael J. Rudick
Name: C. E. Stewart
Executive Vice President and
Title: Chief Ooerating Officer
Address: 351 Phelps Court
Irvina. Texas
75038
APPROVED BY COUNSEL:
ATTORNEY FOR COMPANY
Addn!ss:
> l;';1 t'll":'j "'f ~L.
O.~~;1:~ ~~':I ~~ L,V>
..:.~,:~~~.... '''1L:J
:.., ':':;""1 ., ,." ~: > r u,
: ~~ _,...1:_ . .~:: '_, ? ,0...59.. 3 h -cJ-.
I-.{ I Ii, ; : i I I I I I I I
.....-.........._.._.._~..._...................... " _., .....-...--.
Name:
Telephone:
~
*Effective with the date of this Agreement, the City shall not exercise
its right to annex property of the Company pursuant to Article III of
the A~gust 15, 1979 Industrial District Agreement.
.
Industrial District Agreement - 12
A'rTEST:
I!ly~$t~
Cherie Black, City Secretary
APPROVED BY
KID)X W. ASKINS, City At orney
702 West Fairmont Parkway
Post Office Box 1218
La Porte, Texas 77571
Te~.ephone: (713) 471-1886
(RevIsed: 06/86)
.
CITY OF LA PORTE
BY
7?/l~~
BY
CITY OF LA PORTE
Post Office Box 1115
La Porte, Texas 77571
e
EXHIBIT A
e
DIAMOND SHAMROCK CHEMICALS COMPANY
LAND IN.TIIE CITY OF LJ\ POHTE, TEXJ\S
TRACT NO.1
Of that certain tract of land in the J\rthur' McCormick
Survey, J\bstract No. 116 in Harris County, Texas, being a
portion of that certain tract called Tract 2 in a Deed to
Phillips Petroleum Company dated May 13, 1959 and recorded
:In Volume 3700 on Page 11137 of the Deed Records of lIarris
COUll ty, Texas, said trac t being all of. the abov~rnen tionee!
Tract 2 which lies within the corporate limits of the City
of La Porte, Texas, and being more particu~arly described
by metes and bounds as follows:
BEGINNING at a four inch x four' inch concrete monument
at the southwest corner of the said tract 2 and tile southeast
corner of the San Jacinto State Park and Battleground, said
monument lIaving a coordinate value of X = 3,2lI6,019.37 and
Y = 713,572.66, Texas State Plane Coordinate System, South
Central ,Zone;
THENCE North 250 07' 2011 East a distance of 5611.55 feet
along the wes t line of the said Trac t 2 to a poin t;
TIIEHCE North 250 56' 2011 East, a distance of 1211.70 feet
along the wes t line of the said Trac t 2 to a point;
'l1IENCE North 2110 119' 2011 East, a distance of 230./I~j feet
along the wes t line of the said Trac t 2 to a poin t \'/hich is
2500 feet southerly and at right angles to the curving center-
lin~ of .the HG>u,s ton Ship Channe 1 from which poin t tile center of
said curve bears North 690 10' 39.511 East, a distance of 1.3229.65
feet.;
THENCE in a southeasterly direction with a curve to the
left whose Radius is 8229.65 feet, whose Central Angle is
060 I,l" 1~511, whose Length is 968.92 feet and \o/hose Long Chord
bears South 2110 11' 11311 East, a distance of 968.36 feet to a
po~nt in the agreed boundary line between Diamond Chamrock
Corporation and the Port of Houston J\uthority, said line being
described in Quit Claim Deed recorded under Film Code No. 147-
07-.0951 of the Official neal Property Records of Harris County,
Texas, and said above described curve being 2500 feet southerly
at right angles from. the centerline of the Houston. Ship Channel;
THEHCE with the said agreed line the following courses;
South ll60 18' 05" vlest 926.83 feet to a point;
South 010 ])1' 5"7" West, 1163.31 feet to a poillt;
South 3",0 Ill' ?6" East, 226.20 feet to n poi.nt;
South 330 06' 05" East, 232.10 feet to a point;
South 520 55' 00" East, 233.99 feet to a point in the
northerly line of a Houston Lightin~ and Power Company
18.406 acre tract described in Deed recorded in Volume
3620 on Page 536 of the Deed Hecords of Harris County,
Texas;
.
.
Exhibit A
raRe ~
THENCE South LI90 11" 30" West, a distance of 69.0'7 feet
along the northerly line of said 'Houston Lighting and Power
Company tract to an angle point;
THENCE North 530 08' }.IO" West, a distance of l22U.U5
feet along the northerly line of the said Houston Lighting
and Power Company trac t Lo the PLACE: OF' BEGINNINCJ and con-
taining 25.29473 acres of land.
'lTIACT NO. 2
For tha t cer tain trac t of land in. the Arl:hur tkCoI'lui<.:1t
Survey, Abstract No. L'6 in Harris County, Texas, being all
of that certain tract called Tract 1 in a deed to Phillips
Petroleum Company dated May 13, 1959 and recorded in Volume
3"700 on Page ll87 of the Deed Records of lIarris CounLy, Texas,
and all of a 69.992435 acre tract being second tract conveyed
to Hinston-Salem Broadcasting Co., Inc. by Texas Badio Corp.
by deed recorded in Volume l1306, Page 501, anel being described
as follows:
BEGINNING at a point at the north\'/est corner of the said
Trac t '1 and the sou thwes t corner of a trsc t of la,nd cOllveyed 1.0
Houston Lighting and Power Company by deed recorded in Volume
3620 on Page 536 of the Deed Records of lIarris County, Texas,
.::;aid point having a coordinate value of X = 3,2LtS,9}13.}19 and
y = f13,410.83, Texas state Plane Coordinate System, South Cen-
tral Zone;
THENCE South 530 8' llO" East a distance of 1,153.00 feet
a.long the north line of Tract 1 and the south line of the said
1I0uston Lighting and Power Company tract;
. .
..... THENCE, South 290 06' llO" East a distance of 1,9}19.47 feet
along the northeasterly line of Tract 1 and the southwesterly
line of the said Houston Lighting and Power Company to a point
at the most southerly corner of same;
THENCE, South 2l,o 17' 21" West a distance of 3,3}.16.10 feet
along the eas terly line of 'l'rac t 1 and the wes terly line .of a
4.849 acre tract conveyed to Kenneth H. Root, et. al., by deed:
rE!corded in Volume 27}.13 on Page 251 of the Deed Records of Harris
County, Texas, to a point for the southeasterly corner of Tract 1
in the north line of Miller Cut-Off Road;
TIIE:NCE, Nor th 650 I, 2' 21" We s t wi th the nor th Lllle of t41l1er
Cut-Off Hoad 2759.65 feet to a point for the southwest corner of
saicl Trac t 1;
THENCE, North 250 0'7' 20" East with the west line of sald
Tr,act 1 for a distance of l1759.73 feet to the PLACE OF' BEGINNING,
c~ntaining 264.607045 acres of land.
")
...
'l1lACT HO. 3
2}IS.06'10 acres of land in tile AI' tllur ~1c(;orrnick Survey,
Abstract No. Q6, Harris County, Texas, being a part of that
Exhibit ^
.
.
Page 3
ce l' tain 15.51 acre trac t conveyed to D:lumond Shalllroc'" Corpora t:i.on
by deed dated September 30, 1970 from Phillips Petroleum Company,
recorded in Volume' 0175, Page 159 of the Deed Reconls of Harris
Courl ty, Texas, and a par t of tho. t eertnin 220.20 acre trac t COII-
veyed to DIamond Shamrock Corpora tion by deed dn ted t-1:1'y 30, 19'12
from Phillips Petroleum Company recorded under County Clerk's
.file No. 91129113-D and Film Code lLI5-26-2538 in the Deed Records
of Harris County, Texas, and being described as follows:
BEGINNING at a point for the east corner of the said
220.28 acre tract on the southeasterly line of a 736.37 acre
tract conveyed to Phillips Petroleum Company by K. n. Adams, .Jr.
d/b/a Rio Hondo 011 Company amI designated "Tract A" in the deed
dated April LI, 1956 and recorded in Volume 3132, raf,p. 5111 of the
Deed Records of lIarris County, Texas, said point he:i.ng located
South 250 06' West 1978,1.. feet frolll a concrete monument at the
northeast corner of said "Tract A", same being the southeast
corner of the San Jacinto state Park;
THENCE, South 250 061 Hest with the southeasterly line of
said "Trae t A", 2961.2 fee t to a 1 l/I~ inch iron pipe in the
nor th righ t-of-~IaY line of lvliller Cu t-01'f Hoad;
THENCE, South 8'7028' West \o-dth the north line of said
Miller' Cut-Off Road, 8'7.99 feet to a point for corner in the
northeast line of 76.50 acre tract conveyed to AnCO Polymers,
Inc. by Diamond Shamrock Corporation;
'THENCE, Nor th 330 02' Wes t wi th the nor theas tel' ly line 01'
said 76.50 acre tract, 303.88 feet to a point for the south cor-
ner of tha~ certain 11.29 'acre tract conveyed to AReO Polymers,
:~nc. uy Diamond Shamrock Corporation;
THENCE, North 250 06' East with the southeasterly line of
sald 11.29 a9re trac t 809. 311 fe.e t to a poin t for its eas t
coi'ner ;-
'l'HENCE,North 530 07' 'Hest \o-l1th the northeasterly l:lne of
said 11.29 acre tract L15U.55 feet to a point for its Ilortheant
corner;
'l'IIENCE,Soutll 070 2U' West with tile north lines of said 11.29
acre trae t and the said 76.50 acre trac t 2'734.70 fee t to a poir~ t
in the eas t righ t-of-way line of sta te Highway No. 13/.1;
'l1IENCE, Nor th 20 29' Hes t, wi tit tile eas t righ t-of -way line
0:: said Highway No. 131~, for a d is tance of T12. 55 fee t to n
point f'or corner in the east rlght-of-\o-IIJ.Y line of said IIigtuoJl1Y
No. 1311, said point also being in the southeasterly right-Of-\.,ay
Ilne of Vis ta flo.ad;
'l1IENCE, wi th the sou theas ter ly I' igh t-of -way line of Vir; ta
Rc~ad as follows:
North 220 52' East 635.00 feet,
North 670 aU' \olest 50.00 feet and
North 220 52' East 2673.3 feet to a point for the
northwest corner of said 220.28 acre tract;
'l'HENCE,South 530o'7'East \'/ith the northeasterly line of said
220.28 acre tract 382ll.90 feet to the FLI\CE OF BEGINNING, contain-
ing 248.06110 acres of land.
Exhibit A
e
e
rage il
"
TRACT NO. II
77 .132L~ acres of land in the Ar thur McCormic It Su rvey,
Abs trac t No. L16, Harris Coun ty, 'l'exas, being a par t of n
L, 9 .1L, 27 acre trac t conveyed to Diamond Shamroc It Corpora tion
by In terna tional Land Hesources, IIlC., and a pf.lr t of a 2'7. U303
acre tract conveyed to Diamond Shamrock Corporation by H. E.
Smith, Estate, and being described as follows:
BEGINNING at a point in the West line of said LI9.1/,127
acre tract and the south line of Miller Cur-Off Hoad;
THENCE, South 6/,0 05' 5L~" East with the south line of
tUller Cut-Off Road 11121~ .53 feet to a point for corner;
TIIENCE South 550 23' 55" East with the northeast line or
said 27.8303 acre tract 877.01 feet to a point for its north-
east corner;
THENCE, Sou th 1 0 51' OLt" Eas,t \'11 th the ens t line of said
27.8303 acre tract 701.81 feet to a point for its southeast
corner ,and the northeast corner of Exxon Pipeline Company's
1.6566 acre tract;
THENCE South 890 ILl' 05" West \oIith the north line of said
1.6566 acre tract and Exxon Pipeline Company's 1.7566 acre
tract, 2537.76 feet to a point for corner;
, THEHCE, Nor th 750 L16' 01" Wes t with the nor th line of said
1.7566 acre tract 154.55 feet to a point for corner;
TIIENCE, South 890 11,1' 05" West \'l1tll the north line of nald
1. '7566 acre trac t 28. It 3 fee t to a poln t for corner in tile p.nr. t
line of Harris County Houston Ship Channel Navigation District's
0.4613 acre tract;
.....
THENCE North 00 117' 14" West with the east line of- said
0.4613 acre tract 154.99 feet to a point for corner;
'l1IENCE Nor th 220 35' 21" Eas t wi th 'the wes t line of said
LI9 .1L, 27 acre trac t 1801.23 fee ~ to the PLACE OF BEG INNING, con-
taining 77.1324 acres of land.
TRACT NO.5
3.5L103 acres ou t of 'the Ar thur [\1cCormick Survey, Aba trac t
No. 46, Harris County, Texas, being described as 'follows:
BEGINNING at a point in the north line of Houston Ligllt:i.t1B
and Power Company's 31.058 acre tract for tile southeast corner
of lIarris County Houston Ship Channel Navigation lJistrict's
0.4613 acre tract;
THENCE,North 0047'.14" West with the east line of sa:id
0.4613 acre tract 60.00 feet to a point for the south\'lest corner
of Exxon Pipeline Company's 1.7566 acre tract;
Exhibit A
e
.
l' <l/', e 5
TIIENC'~, North 890 111' 05" East with the south l:llle of Ba:Ld
1. '1566 acre tract and Exxon Pipeline Company's 1.6566 acre trae t
2547.99 feet to a'point for corn~r;
'l'HENCE, South 3'70 20' ~5" r:nst wi.l;h I;h~ nouUI\f/cnl: n.lIe of
said 1.6566 acre tract to a point for corner in the north line
of said 31.058 acre tract;
THENCE, Sou th 090 ILl', OS" Wes t \oli th the nor th U.lIe of nait!
31.058 acre trac t 2592.L19 fee t to the PLJ\CE OF BEGINNING, contain-
ing 3.5403 acres of land.
'lRACT NO. G
110.6J1'16 acres in the Arthur t-1cCormlck Survey, AlJstract flo.
46 in Harris County, Texas, being a part of a 94.8508 acre tract
conveyed to Diamonu Shamrock Corporation by International Land
Resources, Inc. and a par t of a '15.8835 acre trac t conveyed to
Diamond Shamrock Corporation by n. E. Smith, Estate, and being
described as follows:
BEGINNING at a point in the most westerly east line of
Jlouston Lighting and Power Company's 31.058 acre tract for the
BOU theas t corner of said 9LI. 8508 acre trac t and the nor th\o/es t
eorner of The Upjolm Company's 52.9251 acre trac t;
TIIENCE, North 220 3'7' 15" East with the most wenterly east
line 'of said 31.058 acre trac t l7J.I. 88 fee t to a poin t for the
southwest corner of a 60.00 acre tract conveyed to SoItex
Polymer Corporation by Diamond Shamroclt Corporation;
THENCE, North 8Uo L18' 51" East with the most southerly
south line of said 60.00 acre tract 1139.87 feet to the most
s.o.u therly soJ..l theas t corner of said 60.00 acre trac t;
.....
THENCE, North 220 37' 15" East ",lith the most southerly
east line of said 60.00 acre tract to a point for corner;
THENCE, North 890 14' 05" East with the most northerly
south line of said 60.00 acre tract 859.74 feet to a point for
the most northerly southeast corner of said 60.00 acre tract;
THENCE, Nor th 00 115' 55" Wes t wi th the mos t nor the l' ly ea.s t
line of said 60.00 acre tract 150.00 feet to a point for its
northeast corner in the south line of lIarris County Houston
Ship Channel Navigation Dis tric t' s 2. 62J.12 acre trac t;
THENCE, North 090 Ill' 05" East with the south line of' Bald
2.62112 acre trac t 300.86 fee t to a poin t for the beginning of
a eurve to the righ t tha t has a rad ius of L128. 3JI fee t;
THENCE, Southerly with said curve to the right 668.36 feet
to the end of said curve, the chord of said curve is South 1160
03' 52" East 602.59 feet;
-.
~
..
.
1'U(',e G
.
Exhibit A
'l'HENCE, Nor th Uyo I'll 0511 Eao t 10. OU fee t to 11 p01n t for
the southeast corner of said 2.6242 acre tract in the west line
of Ilous ton Ligh ting and Power COlTipany' s 14.156 acre trac t;
THENCE, South 1021' ll911 East with the \'/est line or sait!
lll.156 acre trac t 1903.29 fee t to a poin t for the sou theas t
corner of said 75.8835 acre tract and the northeast corner of
The Upjolm Company's 52.009 acre tract;
TIIENCE, South 000 L15' 30" West \<1itl1 the north line of said
52.009 ac re truc t ant! the sait! 52.9251 acre trae t 3'717. 9U fee t
to'the PI.J\CE OF BEGINNING, containing 110.64'76 'acres of land.
TRACT NO. '7
3.5301 acres of land ill the Arthur HcCormick Survey, ^br;tract
No. 1,16 in liar ris Coun ty, Texas, being a par t of a 3. 'l~jWj ac re
tract conveyed to Diamond Shamrock'Corporation by SoJ.tex Polymer
Corporation and being described as follows:
BEGINNING at a point in the south line of the Daid 3.'15U5
acre trac t and the eas t line of S ta te lIighway No. 13'1;
TIIENCE, North 0035' 1.1'711 West \'lith the east line 0(' naid
Highway 160.00 feet to a'point for corner in the north line of
said 3.7585 acre tract;
,
THENCE, North 800 59' 36" East with the north line of said
3.7585 acre tract 997.98 feet to a point for corner ill the \-/est
line of Houston Lighting and Power Company's 31.050 acre tract;
'I1IENCE, South 220 l18' 00" West with the west line of said
31.058 acre' trac t 17LI. U8 fee t to a poin t for the sou theas t cor-
nex.: ~f ,.the said 3.7585 acre trac t;
THENCE Sou th 880 59' 36" vies t wi th the SOIJ th line of sait!
3.7585 acre tract 928.54 feet to the PI.J\CE o Ii' BEGINNIHG, con-
t.3.ining 3.5381 acres of land.
DELETIONS from one or more of the seven (7) tracts above described.
SAVE AND EXCEPT 66.0~726 acres transferred from Diamond Shamrock
Corporation to Diamond Shamrock Plastics Corporation by Deed filed under
IIc:rris County, Texas, Clerk's Film Code 0011-81-0'165,
/'
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Oxy ServIces, Inc.
-
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May 18, 1999
Robert Herrera, City Manager
City of La Porte
POBox 1115
Laporte, TX 77572-1115
Gentlemen:
Attached is a copy of the first page of our Industrial District Agreement with your City. Please
be advised that effective May 1, 1999 a transfer of ownership from Occidental Chemical
Corporation to Oxy Vinyls L. P. occurred.
Please adjust your records to reflect this change of ownership. The mailing address and contact
will remain the same.
Thank you for your assistance. Please do not hesitate to contact me at (713) 840-3018 should
you have any questions.
Yours truly,
c:tt:
Manager - Property Tax
JMC/sdr
Attachments
cc:
Bob Luss
~
axy
~
Oxy Services, Inc.
Property & Excise Tax Department
2000 Post Oak Blvd., Suite 2010, Houston, Texas 77056
P.O. Box 868, Houston, Texas 77001-0868
(713) 840-3000
.~
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NO. 93-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
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 OCCIDENTAL CHEMICAL CORPORATION
, a corporation, 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 cal,led "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
si te 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
'r ~.
.
Oxy ServIces, Inc.
e
May 18, 1999
Robert Herrera, City Manager
City of La Porte
POBox 1115
Laporte, T){ 77572-1115
Gentlemen:
Attached is a copy of the first page of Geon's Industrial District Agreement with your
City. Please be advised that effective May 1, 1999 a transfer of ownership from the Geon
Company to OxyVinyls L. P. occurred.
Please adjust your records to reflect this change of ownership. All future correspondence
should be addressed to:
Oxy Vinyls L.P.
c/o Property Tax Dept.
POBox 868
Houston, Texas 77001-0868
Thank you for your assistance in this matter. Please do not hesitate to contact me at (713) 840-
3018 should you have any questions.
(2
John Cro ey
Manager - Property Tax
.JMC/sdr
Attachments
c:c:
Bob Luss
~
axy
~
Oxy Services, Inc.
Property & Excise Tax Department
2000 Post Oak Blvd., Suite 2010. Houston; Texas 77056
P.O. Box 868, Houston, Texas 77001-0868
(713) 840-3000
;,1"\.
'.
.
e
NO. 93-IDA-~ {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGRE~
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 Com'Dany
, a l)ela~vare 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
:E:xhibit liB", which plat describes the ownership boundary lines; a
:;ite layout, showing all improvements, including pipelines and
J:ailroads, 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
c)f industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Clrdinance 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 pa~ties 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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City of la PCJrte
',-,
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September 29, 1994
Occidental Chemical Corporation
Attention: Mr. Jon Snider, Tax Department
P. O. Box 868
Houston, TX 77001-0868
Re: Industrial District Agreement (IDA)
Exhibit "B"
Dear: Mr. Snider:
The City has received from your firm fully executed Industrial District Agreements.
However, Exhibit nB" is still outstanding.
As indicated in our previous request, Exhibit ns" is new to the Industrial District
Agreements. In the past, the City has not had a complete and cohesive map of the
extraterritorial jurisdiction (ET J) 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 that 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 ET J.
Please forward Exhibit nBn at your earliest convenience. If your firm cannot provide
Exhibit nB" as detailed in the IDA, we would entertain a site survey on some similar
plat or drawing that delineates the property covered by the IDA. If no such
documents are available please notify so other arrangements can be made.
Thank you for your assistance.
Sincerely,
/ John oerns
Assistant City Manager
,JJ/jm
. I . -
- .
--.:;:-.. .. .. 'I
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.
.
CITY OF LA PORTE
, I
I
I
.1
PHONE (713) 471.5020 . P. O. Box 1115- . LA PORTE. TEXAS 77571
_____ ~___ _ -'-~:.c:: ~-~;;.~ ~---~ ~--:<~ -;-~~~__~~:'Z./ C::/_l~-::,L~ _-~
January 27, 1994
Occidental Chemical
Attn: Jon Snider, Tax Department
P.O. Box 868
Houston, TX 77001-0868
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Snider:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. While reviewing the, documents, we found that Exhibit II B II had not been
furnished. To complete our documents please forward Exhibit II B. II
Exhibit II B II 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 that 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 Joerns.
Thank you for your assistance in completing these documents.
Sincerely,
(~~ ""T. ~~
Robert T. Herrera
City Manager
RTIIjcjb
Enclosures
c:c Jeff Litchfield, Finance Director
IDA File #93-IDA-28
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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 /
v
Agreement - signed by company. Mayor. RTII. Sue. Knox
Exhibit II A II
:Exbibit liB II - some will not have this item since we kept the only one that was sent
-.....-.......-... ........-......-. _.:.........:-':'O":~..-...:.~;:""...~~.b...:.:.:.::-~~;:::..:-.~"';;........ :......_........._. _.
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"EXJlIBIT\A"
.
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
OCCIDENTAL CHEMICAL CORPORATION
TRACT NO.1
Of that certain tract of land in the Arthur' McCormick
Survey, Abstract No. 46 in Harris County, Texas, being a
portion of that certain tract called Tract 2 in a Deed to
Phillips Petroleum Company dated May 13, 1959 and recorded
in Volume 3700 on Page 487 of the Deed Records of Harris
County, Texas, said tract being all of. the abovementioned
Tract 2 which lies within the corporate limits of the City
of La Porte, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at a four inch x four' inch concrete monument
at the southwest corner of the said tract 2 and the southeast
corner of the San Jacinto State Park and Battleground, said
monument having a coordinate value of X = 3,246,019.37 and
Y = 713,572.66, Texas State Plane Coordinate System, South
Central ,Zone;
THENCE North 250 07' 20" East a distance of 564.55 feet
al~ng the west line of the said Tract 2 to a point;
TIIENCE North 250 56' 20" East, a distance of 1211.70 feet
along the west line of the said Tract 2 to a point;
THENCE North 240 491 20" East, a distance of 230./I~j feet
along the west line of the said Tract 2 to a point \'Ihich is
2500 feet southerly and at right angles to the curving center-
lin~ of .the HG>u.ston Ship Channel from which point the center of
said curve bears North 690 10' 39.5'1 East, a distance of 8229.65
fee~t;
THENCE in a southeasterly direction with a curve to the
left whose Radius is 8229.65 feet, whose Central Angle is
06044' 45", whose Length is 968.92 feet and \'lhose Long Chord
bears South 240 11' 43" East, a distance of 968.36 feet to a
point in the agreed boundary line between Diamond Chamrock
Corporation and the Port of Houston Authority, said line being
described in Quit Claim Deed recorded under Film Code No. 147-
07-0951 of the Official Real Property Records of Harris County,
Texas, and said above described curve being 2500 feet southerly
at ,right angles from. the centerline of the Houston Ship Channel;
THENCE with the said agreed line the following courses;
South 460 18' 05" West 926.83 feet to a point;
South 010 lJ~' 5711 west, 1163.31 feet to a point;
South 370 In' ?611 East, 226.20 feet to a point;
South 330 061 0511 East, 232.18 feet to a point;
South 520 55' 0011 East, 233.99 feet to a point in the
northerly line of a Houston Lighting and Power Company
18.406 acre tract described in Veed recorded in Volume
3620 on Page 536 of the Deed Records of Harris County,
Texas;
Exhibit A
.
.
Fap.;e g
THENCE South 490 11' 30" \<lest, a distance of 69.07 feet
alo,ng the northerly line of said 'Houston Lighting and Power
Company tract to an angle point;
THENCE North 530 08' 40" \<lest, a distance of 1228.05
feet along the northerly line of the said Houston Lighting
and Power Company tract to the PLACE OF BEGINNING and con-
taining 25.29473 acres of land.
TRACT NO. 2
For tha t cer tain trac t of land in, the Ar thur t-1cCormick.
Survey, Abstract No. 46 in Harris County, Texas, bein~ all
of that certain tract called Tract 1 in a deed to Phillips
Petroleum Company dated May 13, 1959 and recorded in Volume
3700 on Page 487 of the Deed Records of Harris County, Texas,
and all of a 69.992435 acre tract being second tract conveyed
to Winston-Salem Broadcasting Co., Inc. by Texas Radio Corp.
by deed recorded in Volume 4306, Page 501, and being described
as follows:
BEGINNING at a point at the northwest corner of the said
Trac t 'I and the sou thwes t corner of a trac t of land conveyed to
Houston Lighting and Power Company by deed recorded in Volume
3620 on Page 536 of the Deed Records of Harris County, Texas,
,said ,point having a coordinate value of X = 3,245,943.Jt9 and
y = 713,410.83, Texas State Plane Coordinate System, South Cen-
t.ral Zone;
THENCE South 530 8' 40" East a distance of 1,153.00 feet
along the north line of Tract 1 and the south line of the said
Houston Lighting and Power Company tract;
- '
..... THENCE, South 290 06' 40" East a distance of 1,949.47 feet
along the northeasterly line of Tract 1 and the southwesterly
line of the said Houston Lighting and Pm'ler Company to a point
at the most southerly corner of same;
. THENCE, South 240 17' 21" West a distance of 3,3/,16.10 feet
along the easterly line of Tract 1 and the westerly line .of a
4.849 acre tract conveyed to Kenneth H. Root, et. al., by deed'
recorded in Volume 2743 on Page 251 of the Deed Records of Ha.rris
County, Texas, to a point for the southeasterly corner of Tract 1
in the north line of Miller Cut-Off Road;
THENCE, Nor th 65 0 J~ 2' 21" We s t wi th the north line of' fUller
Cut-Off Road 2759.65 feet to a point for the southwest corner of
said Trac t 1;
THENCE, North 250 07' 20" East with the west line of said
Tract 1 for a distance of 4759.73 feet to the PLACE OF BEGINNING,
c~ntaining 264.607045 acres of land.
"")
'l'RACT HO. 3
248.0640 acres of land in the Arthur f.tcCormick Survey,
Abstract No. 46, Harris County, Texas, being a part of that
'.
'Exhibi t A
.
certain 75.57 acre tract conveyed to Diamond Shamrock Corporation
by deed dated 'September 30, 1970 from Phillips Petroleum Company,
recorded in Vo1ume'8175, Page 159 of the Deed Records of IIarris
County, Texas, and a part of that certain 220.28 acre tract con-
veyed to Diamond Shamrock Corporation by deed dated May 30, 1972
from Phillips Petroleum Company recorded under County Clerk's
file No. 942943-0 and Film Code 145-26-2538 in the Deed Records'
of Harris County~ Texas, and being described as follows:
.
Page 3
, ' BEGINNING at a point for the east corner of the said
220.28 acre tract on the southeasterly line of a 736.37 acre
tract conveyed to Phillips Petroleum Company by K. S. Adams, Jr.
d/b/a Rio Hondo Oil Company and designated "Tract A" in the deed
dated April 4,1956 and recorded in Volume 3132, Page 5111 of the
Deed Records of Harris County, rexas, said point being located
South 250 06' West 1978.4 feet from a concrete monument at the
northeast corner of said "Tract A", same being the southeast
corner of the San Jacinto State Park;
THENCE, South 250 06' West with the southeasterly line of
said "Tract A", 2961.2 feet to a 1 1/4 inch iron pipe in the
north right-of-way line of Miller Cut-Off Road;
THENCE, South 870 28' West with the nort~ line of said
Miller'~ut-Off Road, 87.99 feet to a point for corner in the
~ortheast line of 76.50 acre tract conveyed to ARCO Polymers,
~nc. by Diamond Shamrock Corporation;
'WENCE, North 330 02' West with the northeasterly line 01'
s:aid 76.50 acre tract, 303.88 feet to a point for the south cor-
r..er of tha.t certain 11.29 'acre tract conveyed to ARCO Polymers,
Inc. by Diamond Shamrock Corporation;
. THENCE, North 250 06' East with the southeasterly line of
said 11.29 a~re tract 809.34 feet to a point for its east
cotner ;-
THENCE, North 530 07' .West with the northeasterly line of
said 11.29 acre tract 458.55 feet to a point for its northeast
corner;
'l'HENCE,South 870 28' West with the north lines of said 11.29
acre tract and the said 76.50 acre tract 2734.70 feet to a poi~t
in the east right-Of-way line of state Highway No. 134;
THENCE, North 20 29' West, with the east right-or-way line
of said Ilighway No. 134, for a distance of 772.55 feet to a
point for corner in the east right-Of-way line of said Hlgtl\'Jay
No. 134, said point also being in the southeasterly rigtlt-of-way
line of Vista Road;
THENCE, with the southeasterly right-Of-way line of Vista
Rq,ad as follows:
North 220 52' East 635.00 feet,
North 670 08' West 50.00 feet and
North 220 52' East 2673.3 feet to a point for the
northwest corner of said 220.28 acre tract;
111ENCE,South 53007'East with the northeasterly line of said
220.28 acre tract 3824.90 feet to the PLACE OF BEGINNING, contain-
ing 248.0640 acres of land.
"
, Exhibit A
.
PaRe 4
TRJ\C'f NO. 4
.
e
77.1324 acres of land in the Arthur McCormick Survey,
Abstract No. 46, Harris County, Texas, being a part of a
49.1427 acre tract conveyed to Diamond Shamrock Corporation
by International Land Resources, Inc., and a p~rt of a 27.8303
acre tract conveyed' to Diamond Shamrock Corporation by R. E.
Smith, Estate, and being described as follows:
BEGINNING at a point in the West line of said 49.1427
acre tract and the south line of Miller Cur-Off Road;
THENCE, South 640 05' 54" East with the south line of
Miller Cut-Off Road 1424.53 feet to a point for corner;
THENCE South 550 23' 55" East with the northeast line of
said 27.8303 acre tract 877.01 feet to a point for its north-
east corner;
THENCE, South 10 51' 04" East with the east line of said
27.8303 acre tract 701.81 feet to a point for its southeast
corner.and the northeast corner of Exxon Pipeline Company's
1.6566 acre tract;
THENCE South 890 14' 05" West with the north line of said
1.6566 acre tract and Exxon Pipeline Company's 1.7566 acre
tract, 2537.76 feet to a point for corner;
. THENCE, North 750 46' 01" West with the north line of said
1.7566 acre tract 154.55 feet to a point for corner;
THENCE, South 890 14' 05" West ",lith the north line of said
1.7566 acre tract 28.43 feet to a point for corner in t.he east
=~ine of Harris County Houston Ship Channel Navigation District's
0.4613 acre tract;
......
THENCE North 00 47' 14" West with the east line of said
0.4613 acre tract 154.99 feet to a point for corner;
THENCE North 220 35' 21" East with 'the west line of said
49.1427 acre tract 1801.23 fee~ to the PLACE OF BEGINNING, con-
taining 77.1324 acres of land.
l1~ACT NO.5
3.5403 acres out of the Arthur McCormick Survey, ^bstract
No. 46, Harris County, Texas" being described as' follows:
BEGINNING at a point in the north line of Houston Lighting
and Power Company's 31.058 acre tract for the southeast corner
of Harris County Houston Ship Channel Navigation District's
0.4613 acre tract;
'I'HENCE,North 00 47' 14" West with the east line of said
0.4613 acre tract 60.00 feet to a point for the southwest corner
of Exxon Pipeline Company's 1.7566 acre tract;
... -,,- -
. .
I. '.
, '_
THENCE, North 90 'Ill' 05" East with the south line of
1.7566 acre tract and Exxon Pipeline Company's 1.6566 acre
2547.99 feet to a'point for corn~r;
said
tract
THENCE, South 370 20' 55" East with the south\1ler-;f: 11.ne of
said 1.6566 acre tract to a point for corner in the north line
of said 31.058 acre tract;
THENCE, South 890 14' 05" West with the north line of said
31.058 acre tract 2592.49 feet to the PLACE OF BEGINNING, contain-
ing 3.5403 acres of land.
TRACT NO. 6
110.6476 acres in the Arthur McCormick Survey, Abstract No.
46 in Harris County, Texas, being a part of a 94.8508 acre tract
conveyed to Diamond Shamrock Corporation by International Land
Resources, Inc. and a part of a 75.8835 acre tract conveyed to
Diamond Shamrock Corporation by R. E. Smith, Estate, and being
descri~ed as follows:
BEGINNING at a point in the most westerly east line of
Houston Lighting and Power Company's 31.058 acre tract for the
southeast corner of 'said 94.8508 acre tract and the northwest
corner of The Upjolm Company's 52.9251 acre tract;
THENCE, North 220 37' 15" East with the most westerly east
line 'of said 31.058 acre tract 174.88 feet to a point for the
southwest corner of a 60.00 acre tract conveyed to Soltex
Polymer Corporation by Diamond Shamrock Corporation;
THENCE, North 880 48' 51" East with the most southerly
south line of said 60.00 acre tract 1139.87 feet to the most
s,o,utherly sOJ,ltheast corner of said 60.00 acre tract;
" .-
THENCE, North 220 37' 15" East \'/ith the most southerly
east line of said 60.00 acre tract to a point for corner;
THENCE, North 890 14' 05" East with the most northerly
south line of said 60.00 acre tract 859.74 feet to a point for
the most northerly southeast corner of said 60.00 acre tract;
TIIENCE, North 00 45' 55" West \-lith the most northerly east
line of said 60.00 acre tract 150.00 feet to a point for its
northeast corner in the south line of Harris County Houston
Ship Channel Navigation District's 2.6242 acre tract;
THENCE, Horth 890 14' 05" East with the south line of said
2.6242 acre tract 308.86 feet to a point for the beginning of
a curve to the right that has a radius of 428.3J~ feet;
THENCE, Southerly with said curve to the right 668.36 feet
to the end of said curve, the chord of said curve is South 460
03' 52" East 602.59 feet;
l~xhibi t ^
.
.
rar.;e G
THENCE, North 890 II.' 05" East 10.00 feet to a point for
~he southeast corner of said 2.6242 acre tract in the west line
of Houston Lighting and Power Company's 14.156 acre tract;
THENCE, South 10 21' 49" East with the west line of said
14.156 acre tract 1903.29 feet to a point for the southeast
':orner of said 75.8835 acre tract and the northeast corner of
The Upjolm Company's 52.809 acre tract;
THENCE, South 880 45' 30" West with the north line of said
52.809 acre tract and the said 52.9251 acre tract 3717.98 feet
to 'the PLACE OF BEGINNING, containing 110.6476 acres of land.
,TRACT NO.7
3.5381 acres of land ill the Arthur McCormick Survey, Abstract
No. 46 in Harris Coun ty, Texas, beinc; a par t of a 3. '15Wj ac re
tract conveyed to Diamond Shamrock'Corporation by Soltex Polymer
Corporation and being described as follows:
BEGINNING at a point in the south line of the said 3.7585
acre tract and the east line of State Highway No. 134;
THENCE, North 00 35' 47" West ".lith the east line of naid
Highway 160.00 feet to a'point for corner in the north line of
said 3.7585 acre tract;
THENCE, North 880 59' 36" East with the north line of said
3.7585 acre tract 997.98 feet to a point for corner in the west
line of Houston Lighting and Power Company's 31.058 acre tract;
THENCE, South 220 48' OO"'West with the west line of said
31.058 acre tract 174.88 feet to a point for the southeast cor-
ne~ of.~he said 3.7585 acre tra~t;
THENCE South 880 59' 36" West with the south line of said
3.7585 acre tract 928.54 feet to the PLACE OF BEGINUIIIG, con-
taining'3.5381 acres of land.
Exceptions
SAVE AND EXCEPT 66.04726 acres transferred from Diamond
Shamrock Corporation to Diamond Shamrock Plastics Corporation by
Deed filed under Harris County, Texas Clerk's Film Code 004-81-
0465, and
SAVE AND EXCEPT 45.3798 acres conveyed from Occidental
Chemical corporation to The B. F. Goodrich Company by Deed filed
under Harris County, Texas Clerk's Film Code 010-48-0576.
. .
.
.
Occidental Chemical Corporation
October 24, 1994
Mr. John Joemes
Assistant City Manager
City of LaPorte
PO Box 1115
LaPorte TX 77572-1115
Dear Mr. Joemes:
Enclosed is Occidental Chemical Corporation's Exhibit liB II attachment to the LaPorte Industrial
District agreement.
If you require additional information or have questions, please call. We look forward to working
with you the next seven years.
Sincerely,
\----..~
::: u. Crowley
Sr. Property Tax Agent
JMClhma
Encl.
nvlCAI024
I'~
aXy
~~
Property and Excise Tax Department
P.O. Box 868. Houston, Tx. 77001-0868
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NOTES
* FAULT LOCATION BASED UPON INFORMATION
CONTAINED IN GUIDEBOOK, HOUSTON
GEOLOGICAL SOCITEY, SOUTH-CENTRAL
SECTION, FEBRUARY 28,1976.
II SUBS1DENCE AND ACTIVE SURFACE FAULTfN 3 f-
IN THE H OUST-ON VICrNITV II BY I
MARTIN M. SHEETS.
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VOL. 4908 PF! 59
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~ : .,;, / /111111I """- Tie-ins /~,'l;jji:~J,:;.r~::/~ E-3+452.57 r~I\~:l~\~'~\' nH\\tl, I
(J\ ,,\ '.. "\ 11/11I11 ~ /.1;:x,~,i!7,:" ~,:,." I I S -2 +057. 92 \.~~;~\~\)\~,~,\\\\\"~ ~!~'~
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· "'. ,\~. I 11111I11 A~ - '~l~~~~ \\1~>~1!
~'~'\ \\\,., /" I Iliill!! :if;./~~'; \ ""'-,,- ,I I RESERVED FOR PIPELINES ':~r~,\\'~~~~'ij\,.
~'\;~\\~r"~~~~ / ________'2 U4-1-81-CW02 I ~=.l!!I~1I . ~1~ ';~ S-2+448.42 ----- I / \ 01 'i1~,~ 'n' ''\:::
t ;, \\\ \~I' '[~ I ..--ijJ J" .... -1/' . .' --...... -'@O 1\;'~ \ ~il ) ,\.' . ~
~'1 "'" / 1f' ,.';':"":"_: >~"" E-2t9TI.45 ~___ 3 H.L.8P. Esmt. c.D l~~'\\ Kl! :l;lE"\ ~~.~. ~.~\,
,50-.dl ~~ I Ut+-- .. t~r,-<.."~ [r, --... "'-.... E-66 '.:, (" \~~\ '.: ','." ,~,~,IV,
"--?-'" _\;1".. ~ I 24 U4-1-81-CW02 / ,,7':'/;,,; .fi --... -- 1\" \5u" · ': ,~.\
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~-~'rt"~,\,~:, -EO+e36:0~ / I I ~,(;~:t/t~v'~ }"""- '~'~~~11:~~: :,~~(';
~, ' I I I &' 1~.~,. /", f<f';';:; ............... ~ ~~t ~~ ' \'\'~
-z.. >. ~ I ~ ...' x~P';" ,'y/ ~ .~t~~i~',), \, ~Jl.~~
. i;\~~' '/ / I I .,;'W1' ;...;~ 6" Gulf --.... ,J-.ltY"'.' ,. "":'i!JiI, S 2+ 898.8
~ t~ I,ltl~~ 8"U2"2-05"P601~ I I />It<>,n!t~:<' Pipeline ". .~~~. 50'~::;~~ I / y.i E4+429.6
<J\.\1, \\ / I ' :',.... :t:/;~~ ~fS\ N.33002''fY. ~ 60 ~/-
~\~ .~~~ II I' :1~~1~C~, ~;~'...Yr 't.V'tUJ . 338.7 ................." / Jr...... ~ ~.~t~~~.~6
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oa~;1 '\\ ,JA ~~.~"I// Un"'\
l7' ,\1, !i~ / I I ';;"'J.l':~1(lf'r~V E4..361.8 ........ ...... R.0.w.
'0.. \\ .\..\~\~.~,~ I II ".,~~;l1;;;:~~t')!~(U N 33002'W .... .
~';, ' ,.. '~''Y// . " ...... : S-~!+966.63
\~ \,' / 53+151.5 I r- 6 P.V.C. Water Line'l ~~JfJ)t1ti~~ 34.6 o~~ \ E-4t394.33
.. \~~~'~~~;iZ~~EO+941.4 II (from Monument) (',,;;,;~~t}U' /,~ "'S.87028'W.
. ,~~:\,~<<!, ,. / .itf';~/f.'I./, ,.....~ .~.o~ 57.3'
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1/ ,~ . \ V-A1r pr~d cta ~t:, ": /;y C':>'
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· "'\. '" It: ~ M:, t ;-""': /I
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6 P.'v.C. Water Line ---- . / ~~ ~1~~#
(from Monume~ .~;'A
~ S3t832.7
H.L.8P. ~ Gas u~~o~ ... ,. El+293.5
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SO+OOO
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Houston lighting a
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@
RESERVED FOR PI PELI NES
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~ Pipeline
IS" CIWA WATER
- 4 "- 50 % CAUSTIC
- 211 HYDROGEN
4 II POTABLE H20
_. 6 II CL2
- 6 '.' VCM
- 8 II NATURAL GAS
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4" HCL FROM UPJOHN
4 II NITROGEN
3""'41l Lines ffi
(by Upjohn)~
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.... 32.7
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60.0'
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':'.)' Trans.
Pipelines
~ State Hwy.
o R.O.W.
RESERVED FOR PIPELINES
ARTHUR
McCORMICK SURVEY A-46
Amoco Natural Gas
Metering Station
N.W. Comer coords.~@
53+613.80 -58
EI+ 342.34
EXXON 6" HYDROGEN PL. @
ZONE
NO.
REVISION DESCRIPTION
DATE BY CH'K'D.
APP'D. DWG.' 8.M.
APPRO.
NO.
ZONE
NO.
~. REVI!?ION DESCRIPTION
UY CH'K.D. A'PP'D,
APPROVE~~ ~ ,. J. A/ OY-'E~'/y!~OVALS
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DRAWN 13Ef'J Cr<AWFORc' DATII' &-10-77 ",J DATII' /
CHECKED ~ DATII' D~.TIl'
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27
28
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I 3 145
PI.ANT DEPT.
SAN JACINTO COMPLEX CORPORATE
FEE PROPERTY AND EASEMENTS
BATTLEGROUND PLANT,
SAN JACINTO COMPLEX
25 I 26 I 27 I 28
.J~ I
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r.:t1..~ t;D()
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22
21
20
19
18
17
23
24
16
12
13
14
15
11
10
6
29
30
32
31
NOTES
A
8
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G
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ORIGINAL DRAWING ON FILE
WITH GULF COAST AREA
ENGINEERING / LAND
ADMINISTRATION
Q
R
PASADE NA,
TEXAS ·
s
REFERENCE DRAWINGS
T
ASSOCIATE ENGINEERS
ApPROVALI
--', CONTRACT No.
u
DATII'
.
ASSOCIATE ENGINEER DWG. ,'NO. AND REV.
I ,
,~i ~ I .
OCCIDENTAL CHEMICAL -CORPORATION
6.C.A.
ENGINEERING DEPARTMENT
4PS-583-
.'-
2 F
29
I 30
32
31
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now United Te.a. ~~G:~el~~ne CCoo:p:",..
Vol. 2441 Pg.130 D.R.H.C T P '" ~
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Jo Ron Trlchelle, TrUlt..
to
Te aa. Ea.tern Tran.ml..lon
JUdgment Vol. 3815 P Corp. ....
g. 531 O.R.H.C'"
10-30-58 .,. ~
50' E'm't \ CORRIDOR
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Vol. 2049 Pg.587D.R.H.C.T.
2-2-50 ~
No Oeflned Width 7
E53
Phil/ips Petroleum Company
Residue of 736.37 Ac.
Vol. 3132 Pg. 541 D.R.H.C:r:
4-4-56
'.
.10 Ron Trlchlle Tru.t..
to
'..llIIp. 'etroleu. Co..pony
Vol. 3135 'a. 249
3-'7-51
50 E..'t
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HAROLD B. FISHER
Registered Public Surveyor No. 558
DWG.
8....
APPRO_
NO.
ZONE
NO.
REVISION DESCRIPTION
CH'K'O. APP'O. OWG. 8.M.
APPRO.
NO.
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NO.
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BY
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1
2
3
4
5
6
7
8
9
10
11
12
13
14
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16
1/
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Ll
LU
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2::3
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Kenneth H. Root ef 0/
(4.849 Ac.)
( Vol. 2743 Pg.251 D.R.H.C.T.
)( -x x
S240/7'21"W ~ 3 46.34'
90' RESERVED CORRIDOR TO MONT BELVIEU
Fnd. 3/4" t. p, in Cone.
. ,
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Fnd. 1"1. R w/punch
~ I
/86.56
Ac.
Tr.
Phillips Petroleum Company
(Trac t I - 194.631 Ac.)
Vol. 3700 Pg. 487 D.R.H.C.r:
5 - ; 3 - 59
TO
OCCIDENTAL CHEMICAL
FILE NO. E 608664
FILM CODE 131-07-0516 D.R.H.C.T.
11-12-76
TO
(La PORTE CHEMICAL CO.)
(8.15354 AC,)
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(S.F: GOODRICH) :'
66.04726 AC./
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Roy Hofheinz
(69.924 Ac.)
Vol. 2239 Pg.368 O. R. H.,C. T.
9 - 3 - 47
SOUTHERN BROADCASTING CORPORATION
TO
OCCIDENTAL CHEMICAL 1
FILE NO. E 766976 '
1
FILM CODE 141-05-1979 DRHCT ,-
f 5-;~-76 .....
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82' RESERVED CORRIDOR l~ill",1
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The undersigned does hereby certify that this su vey was this day made on the ground,
under the undersigned's supervision, of the property shown hereon and is correct, and
that there are no discrepancies, conflicts or shortages in area or boundary lines, or
any encroachments orany overlapping of Improvements or any easements or rights
of way except as shown hereon and that said property has access to and from
a dedicated roadway, except as shown hereon.
)I I
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-(9. 56~ Ac:-)-- - - - - -- - - -- - -~ - -. -. -. -. -. - - - - - -- -. --11111- -- - - ---- - - - - - -
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to .
Enon Pipeline Company
File No. 242967,Fllm Code 109"03-1531 D.RH.cT
, 8-14-74' ..
, S Ingle Line Rlghh
Multiple pipelines from No Defined Width
BattleQround Plont.
Reference Drawmg
4PS-583-14
/
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Occidental Chemical
~20.28 Ac.)
File Nm. 0605635, Film Code 145-26-2538 D.R.H.C. T.
,~l~f
REVISION
DF.:SCRIPT'ON
CH'K'O. APP'O. APPROVE3-~/f /1 /'
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DATE...
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SAN JACINTO
PLANT COMPLEX
DEPT. COPPORAT~
DATE
DRAWN K. H.
CHECKEO H.B,F.
SCAL" ,": 200'
264.641 ACRE TR~.CT
ARTHUR M~CORMICK SURVEY A..46
La PORTt, HARRIS COUNTY, TEXAS
OAT"
DA T"
OAT"
B. M.
OAT"
12
13
14
15
16
17
20
22
24
21
19
18
23
25
26
27
28
~~ .-l
3(J
32
31
NOTES
A
8
c
D
E
F
G
H
J
K
L
M
N
p
ORIGINAL DRAWING ON FILE
WITH GULF COAST AREA
ENGINEERING / LAND
ADMINISTRATION
Q
R
PASADENA,
TEXAS
4PS-583-1
4PS-583-14
s
REFERENCE DRAWINGS
ASSOCIATE ENGINEERS
T
THE FI S HER co., INC.
HOUSTON - AUSTIN TEXAS
ApPROVALI
CONTRACT No.
u
OAT"
ASSOCIATE ENGINEER DWG. NO. AND REV.
-
29
ocel DENTAL CHEM I CAL
G.C.A. ENGINEERING DEPARTMENT
41E
.5
4PS-583-
30
x
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2
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7
8
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15
16
17
18
11
10
12
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VII
~
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161 Strip, R-O- W
J. B. Lloyd, Trustee to Harris County
Houston Ship Channel Navigation Oist. ....
0.4613 Ac. March 3,1958 V.3479,P.232
Q.'
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N.89024150" 1314.51'
S89024'50"
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150.00 I " ~ ' : _- co
('''9' 'C1'.
I ~ ~ ,0... I 0 rt)
for: ,0,. <,"" '\ 0 co
R~O:W. HOU STaN LIGHT. I <J', ' 9 00' ,~ i\ -: v
a POWER Co. @ I < ,,' 9~~c9 ~o~ I .en
VOL. 5011 ,Pg.180 E 3:1',. I . ,,~ c9So\t" Sn ~..>I
~ I u~ ~ <9 .." "1"
c9 "~, S' '-.:.
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b- - - S!..''?'' --
Me CORMICK N.890 241 50"E. 10.01 I
S. 89054' W,
8
AUTHUR
A-46
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REGISTERED PUBLIC SURVEYOR NO. 590
IIII
11\1 SOLTEX POLYMER CORP.
11I1
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23
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26
SURVEY OF
INTERNATIONAL LAND RESOURCES, INC.
AND
R.E. SMITH ESTATES LANDS IN THE
ARTHUR Me CORMICK SURVEY
HARRIS COUNTY, TEXAS
AUGUST 28, 1974
MICROFILMED
DATE REV.
&;
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OATE
BY
CH'K'O. APP'O.
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APPRO.
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DATE my CH'K'D. APP'O.
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DRAWN C-, 5' C r,
CHECKED tPJ1 {' r-
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SCALI'"
7
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10
11
16
17
18
12
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15
19
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~liP>>kR?VALS
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/ DATE-. '
R.E. SMITH ESTATES 8
INTERNATIONAL LAND
RESOURCES TRACTS
SAN JACINTO
COMPLEX
DEPT. CORPORATE
PLANT
DATI'"
DATI'"
8.M.
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21
22
23
24
25
26
27
28
29
30
31
32
NOTES
* FAULT LOCATION BASED UPON INFORMATION
CONTAINED IN GUIDEBOOK \ HOUSTON
GEOLOGICAL SOCITEY. SOUTH- CENTRAL
SECTION, FEBRUARY 28,1976.
"SUBSIDENCE AND ACTIVE SURFACE
FAULTING IN THE HOUSTON VICINITY" ,
BY MARTIN M. SHEETS.
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ASSOCIATE ENGINEER DWG. NO. AND REV.
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PROPERTY BOUNDRY LINES
NOTES
REFERENCE DRAWINGS
PRELIMINARY ISSUE
ISSUE DA TE
NO.
FOR
OCCIDENT AL CHEMICAL CORPORA TION
PLANT ENGINEERING DEPARTMENT
485583-39 *
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