HomeMy WebLinkAbout2000-IDA-17
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ORDINANCB NO. 2000-IDA-17
AN ORDINANCB AUTHORIZING THB EXECUTION BY THB CITY OF LA PORTB OF
AN INDUSTRIAL DISTRICT .AGRBEHBNT WITH OXY VINYL'S L.P. (LA PORTB
vex PLANT), FOR THB TBRN COMMENCING JANUARY 1, 2001, AND BNDING
DBCEMBBR 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RBLATING
TO THB SUBJBCT; FINDING COKPLIANCB WITH THE OPBN KBETINGS LAW; AND
PROVIDING AN EFFECTIVB DATB HBRBOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. OXY VINYL'S L.P. (LA PORTE VCM PLANT) has executed
an industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordin~nce '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.
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 28th day of August, 2000.
By:
ATTEST:
AP~{i/d
Knox W. Askl.ns, . ,
City Attorney
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NO. 2000-IDA- 17
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 Oxy Vinyl's L.P.
(LaPorte VCM Plan~)a Delaware 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 called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
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WHEREAS, City desires to encourage the expansion and growth of
industrial plants wi tpin 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: .
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall ,have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air 'Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of ci ty' s selection.' The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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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
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, 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, 2007,
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 yalue, 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 simil~r form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. 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, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, 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. 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, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) 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, 2000; 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 Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
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, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the city's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
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, 2001, and continuing thereafter until December 31,
2007, 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, .2007, 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 42.0.44,
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 agreement between city and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, :;.plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company' s hereinabove described
property which would be due to City in accordance with the
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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 wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(Which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
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 also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property~ Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submi t the dispute to 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 ann~xed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to city by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators. ~hall 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
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
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, sUbject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
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 to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is, in effect, which contains terms
and provisions more favorable to the landowner than those in this
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.
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 ~uch agreement neither party hereto would enter into this
Agreement. In th~ 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,
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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, 2001.
Oxy Vinyl's L.P.
(COMPANY)
BY:~~~
Name: eor e Har ett
Title: Director - Property & Excise Tax
Address: POBox 27570
Houston. Texas 77227-7")70
ATTEST':
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By:
Norman
Mayor
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Knox W. AS~
City Attorney
City of La Porte
P.o. Box 1218
La Porte, TX 77572-1218
By: Q~T, ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 4 71~:204 7
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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Exhibit A ;;-, ...... . ,';
TRACT I:
BEING 66.04726 acres of land. more or less. in the Arthur McConnick Survey. Abstract No. 46.
Harris County. Texas. being a portion of (I), that certain tract of land conveyed from Phillips
Petroleum Company to Diamond Shamrock Corporation. as Tract I. by instnunent recorded
under County Clerk's File No. E608664 (Film Code No. 131-07-0516) Official Public Records of
Real Property. Harris County. Texas (2) that certain tract ofland conveyed from Southern
Broadcasting Company to Diamond Shamrock Corporation by instrument recorded under County
Clerk's File No. E766976 (Film Code No. 141-05-1979) Official Public Records of Real
Property. Harris County. Texas, said 66.04726 acres ofland being more particularly described by
metes and bounds as follows:
COMMENCING at the west comer of the said tract of land conveyed from Southern
Broadcasting Company. same being the most westerly south coiner of said tract of land conveyed
from Phillips Petroleum Company and same also being in the northeasterly right-of-way line of
Miller Cut-Off Road. from said place of commencing a 3/4 inch pinch top pipe found bears
South 69 deg. 04 min. 56 sec. West. 1.58 feet;
THENCE. South 65 deg. 42 min. 21 sec. East. along said northeasterly right-of-way of Miller
Cut-Off Road same being the southwesterly line of said tract of land conveyed from Southern
Broadcasting Company. a distance of 10.34 feet to a 5/8 inch iron rod found for the west comer
and PLACE OF BEGINNING of the herein described tract (0-00.08 and E.O+IO.29);
THENCE. North 24 deg. 17 min. 04 sec. East at 707.55 feet pass the northwesterly line of said
tract of land conveyed from Southern Broadcasting Company same being a southeasterly line of
said tract of land conveyed from Phillips Petroleum Company. continuing the same course a total
distance of 1924.73 feet to a 5/8 inch iron rod found for the north comer of the herein described
tract (N19+24.6S and EO+IO.29);
THENCE. South 6S deg. 43 min. 41 sec. East. a 17.80 feet pass said southeasterly line of said
tract of land conveyed from Phillips Petroleum Company same being said northwesterly line of
said tract conveyed frOm Southern Broadcasting Company, at 92.81 feet Pass a fence comer,
continuing along a chain link fence. at 1324.20 feet pass the east line of said tract conveyed from
Southern Broadcasting Company same being a west line of said tract of land conveyed from .
Phillips Petroleum Company. continuing the same course and with said fence a total distance of
1425.71 feet to a S/8 inch iron rod found for the most northerly east comer of the herein
described tract (N I 9+24.96 and EI4+36.00);.
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THENCE, South 24 deg. 17 min. 04 sec. West, at 242.61 feet pass said west line of said tract
conveyed from Phillips Petroleum Company same being said east line of said tract conveyed
from Southern Broadcasting Company, continuing the same course a total distance of 579.70 feet
to a 1/2 inch iron rod set for an interior comer of the herein described tract ofland (N13+45.26
and EI4+36.00);
THENCE, South 65 deg. 42 min. 56 sec. East, a distance of216.85 feet to a 1/2 inch iron rod set
for the east comer of the herein described tract (N13+45.26 and EI6+52.85);
THENCE, South 24 deg. 17 min. 04 sec. West, a distance of 611.09 feet to a 1/2 inch iron rod set
for the most easterly south comer of the herein described tract (N7+34.l7 and EI6+52.8S);
THENCE, North 65 deg. 42 min. 56 sec. West, a distance of216.85 feet to a 1/2 inch iron rod set
for an interior comer of the herein described tract (N7+34.17 and EI4+36.00);
THENCE, South 24 deg. 17 min. 04 sec. West, a distance of 734.49 feet to a 518 inch iron rod
found for the south comer of the herein described tract ofland in the common line between said
tract of land conveyed from Phillips Petroleum Company and Miller Cut-Off Road (NO+ 32 and
EI4+36.00) from which a fence comer post bears South 87 deg. 27 min. 34 sec. West, 7.9 feet;
THENCE, North 65 deg. 42 min. 21 sec. West, along said common line, at 808.59 feet pass the
most southerly west comer of said tract of land conveyed from Phillips Petroleum Company
same being the southwest comer of said tract of land conveyed from Southern Broadcasting
Company, continuing the same course along the common line between ~d tract of land
conveyed from Southern Broadcasting Company and Miller Cut-Off Road, a distance of
1425.71 feet to the PLACE OF BEGINNING and containing 66.04726 acres ofland.
TRACT II:
All that tract or parcel orland lying and being situated in Harris County, Texas, out of the Arthur
McConnick Survey, Abstract No. 46 and being a part of the 194.60 acres of land conveyed to
Diamond S~k Corp. as recorded in File No. 131-07-0516 of the Harris County Deed
, Records, and now more particularly described as follows:
Starting at the south or southeast comer of the B.F.G. Intennediates Existing Plant, a Sl8" rod
found at said comer on the northeast R.O.W.line of Miller Cut OtTRoad;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 90.00 feet along the east line of the
said B.F.G.lntennediates Existing Plant to the POINT OF BEGINNING a 518" iron rod set for
comer;
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THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 644.49 feet, along the east line of
said B.F.G. Intennediates Existing Plant, to a point for comer;
THENCE, South 6S d~g. 41 min. S6 sec. East, a distance of216.6S feet, along the said line of the
B.F.G. Intennediates Tract;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 611.09 feet along the said line of the
B.F.G. Intennediates Tract;
THENCE, North 6S deg. 41 min. S6 sec. West, a distance of216.8S feet along the said line of the
B.F.G. Intennediates Tract;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of S79.23 feet along the said line of the
B.F.G. Intennediates Tract, to the northeast comer of the B.F.G. Intennediates Tract and now
being the northwest comer of this tract;
THENCE, South 6S deg. 41 min. 24 sec. East, a distance of 11 S2.86 feet to a S18" iron rod set for
the northeast comer of this tract, said point being 90.00 feet from the original east line of the
194.60 acres tract;
THENCE, South 24 deg. 16 min. 48 sec. West, a distance of 1720.71 feet along a line 90.00 feet
perpendicular and parallel to the east line of the original tract to a SIB" iron rod for comer; .
THENCE, South 69 deg. 17 min. 30 sec. West, a distance of 161.29 feet to a S/8" iron rod for
comer;
THENCE, North 66 deg. 40 min. 08 sec. West, a distance of 620.S8 feet along a line 90 feet
perpendicular and parallel to the northeast R.O.W. line of Miller CUt Off to a point for comer;
THENCE, North 65 deg. 43 min. 21 sec. West, a distance of 418.90 feet the POINT OF
BEGINNING and CONTAINING 4S.3798 acres of land, more or less.
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1.. Independence Easement Agreement by and among Diamond Shamrock and DSPC, dated
as of December 31, 1981, recorded January 4, 1982 as file No. H28 I 490 (film Code
No. 004-01-0585) of Harris County, Texas Clerk's Records.
2. Spillway Easement in Easement and Agreement by and between Diamond Shamrock and
DSPC, dated December 31,1981, recorded January 4,1982 as File No. H281492 (Film
Code 004-81-0700) of Harris County, Texas Clerk's Records.
. 3. Easement and Agreement Amendment No. I by and between Diamond Shamrock and
LaPorte Chemicals, dated May 7, 1982, recorded May 10, 1982 as File No. H45278I
(Film Code No. 014-97-0391) of Harris County, Texas Cleric's Records.
4. Oil, Gas, Etc. p'ipeline License, between Port of HoustoD Authority, as Licensor, and
LaPorte Chemicals, as Licensee, dated as of September 9, 1985.
5. Letter Agreement, between Houston Lighting" Power Company and LaPorte Chemicals,
dated October I, 1985 and accepted October 15, 1985 for an eight (8)-inch gas pipeline
within the Sam Bertran Power Plant Property.
6. Easement from Diamond Shamrock Chemicals Company, as Grantor, to LaPorte
Chemicals. as Grantee, dated October,29, 1985, recorded March 26, 1986 as file
No. K465352 (Film Code No. 042-65-0518) of Harris County, Texas Clerk's Records.
7. Right of Way Easement from Phillips Petroleum Company, as Grantor. to BFG
Intermediates Company, Inc., as Grantee, dated August 30. 1990, recorded AUSUSt 21,
1990 as File No. M783218 (Film Code No. 185-76-0257) of Harris County, Texas
Clerk's Records.
8. Unrecorded Pipeline Right of Way and Easement, from FlNA Oil & Chemical Company,
as Grantor, to BFG Intermediates Company, Inc., as Graatee, dated September 14, 1990.
9. Pipeline Easements from OxyChem to Goodrich dated December 18, 1991, recorded
December 23, 1991 as File No. N463262 (Film Code No. 010-51-2497) of Harris County,
Texas Clerk's Records, affecting the 45 Acre Partel and Pipeline Easement Amendment
by and between 0xyChem. as Grantor, and Geon, as Glanree, dated October 28, 1997,
recorded as File No. S773752 (Film Code No. 516-07-1567) of Harris County, Texas
Clerk's Records.
::ODMA\PCDOCS\CLEVELANO\I0210121\4 04126199 -1-
. .... r......-.'.."f'~.F......~....:>""._.- ~~~v,.. ..,. .......... ,., -
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10. Oil, Gas, Etc. Pipeline License (Railroad Right-of-Way), dated September I, 1994,
between Port of Houston Authority, as Licensor, and Geon. as Licensee.
II. Oil, Gas, Etc. Pipeline License (Railroad Right-of-Way) between Port of Houston
Authority (the "Port"), as Licensor, and B. F. Goodrich Intennediates, Inc. ("BFGln) as
Licensee, dated August I, 1990.
12. Pipeline Right-of-Way and Easement from Rollins Environmental Services (TX), Inc., as
Grantor to The B.F. Goodrich Company (Grantee) dated January 31, 1992.
::ODMA\PCDOCS\CLEVEl.I02IOI2I\4 CMl26/99
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.
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A perpetual, non-exclusive easement over and upon the Property for the purpose of (a)
installing, maintaining, removing, replacing, relocating, using, and operating facilities and
equipment which are (i) required by the Applicable Environmental Laws as defined in the
Contribution Agreement; or (ii) deemed necessary or desirable by Grantor to satisfy its
environmental responsibilities whether under the Contribution Agreement, this Deed or
otherwise; and (b)(i) testing, analyzing, sampling and i~vestigating; or (ii) remediating soil,
ground water and solid waste on or around the Property as required under the Applicable
Environmental Laws or deemed necessary or desirable by Grantor under the Contribution
Agreement, this Deed or otherwise.
I0321450\LAP0RTE\DEED\EXHIBlTC
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.
"BXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
:~
"r.'\ SAmU Eifjj;;:i ;;iLDING JA-ioII ~4 CDII1RACT lWEl'Y _IA~
. \!I12l0 sa.". E1I: 11EIIlHT...:-V' 0 110 sa.", 'EllE _"'-0"
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341 SQ.", EW: _""I'-IOll' 'iC1I
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~ 1225 sa.". EllE HElGllT"'-o" U IllIILIINlIA-I02O
~ OPERATOR SHELlER OIlY IA-lllt ~65 EIIP_ IlOCUMENT
~ 115 so.". EllE HEDtT"'-o" ~ SRIIWlE IA__
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PLANT BUR-DING 098102' OF
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~/ /////////////75' OCCIDENTAL EASEMENV #'////////////////~ '/"/////////////////////h 1m~
MILLER CUT OFF ROAD . . .' MILLER curl OFF ROAD
APPROX. AREA... 66,04726 ACRES AREA... 45,6979 ACRES ~
.~iiii
~O.
I,
-
GRID
ND.
REVISION
DESCRIPTION
DAlE
i
BY
CHK'O
CRES
27'
RAILROAD
29
30
31
-
NOTES
32
H
J
K
L
M
N
P
Q
R
S
e
.
"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constitutinq a strip of land 100' wide and
contiguous to either Fairmont Parkway, Stclte Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulatiom; shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146. .
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-1/,ay. - ,
. Freestanding identification signs for single tenant
buildings shall not exceed 150 slquare feet in area.
. One freestanding identification sign for identifying
mul tiple businesses is allowable! at the intersection of
improved public rights-Of-way.
. Freestanding identif ication signsl for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification Sigl'lS shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225,' or state Highway ~46 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
.;'"
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
.
.
"EXHIBIT e"
Paq8 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with 'lshrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or right,s-of-way, the vegetation
shall be installed and maintainE!d in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
requlations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rulE!s and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4 . Driveways opening from said strip o:f land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and city.
.:..
e
e
OXY VINYLS, LP.
~@~DW~
Jll. 5 3IlI \
ASST. CITY MANAGER
. OFFICE
Occidental Chemical Corporation
June 29, 2000
rfB) IE C IE D \Y IS I~
Inl JUl 3 2000 IJ})
Mr. Robert Herrera
Manager - City of La Porte
PO Box 1115
LaPorte, Texas 77572-1115
,
.
CITY MANAGeR'S
OFF'C~
c!s
RE: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Herrera:
Enclosed are two sets of maps intended to serve as Oxy Vinyls' Exhibit "B" for our Battleground contract
and our La Porte VCM contract. Attached to each set is a copy of the frrst page of the respective contract.
I believe Oxy Vinyls' has now completed all the required documentation and the contracts can now be
submitted to City Council for approval. .
Should you have questions or require additional information please call.me at 713/840-3018,
Your cooperation and understanding has been appreciated.
JMC/sdr
Enclosures
S:\P&BT AX\T AX\ProperlyTaxlByStalCITBXAS\OXY VIN":LSIGcncnlllnfo\062!lOO LoporlC IDA,doc
~
aXy
~
property and Excise Tax Department
P.O. Box 27570, Houston, TX n227-7570
e
.
Occidental Chemical Corporation
Oxy Vinyl's L.P.
Apri126, 2000
..-........"'".... - ...
~r[E lC j U :~L._~~ I 'Ii" \
.1 !
1 APR 2 7 2C~O :lL'i
1 --_..-,--~ . I
CITY MANAGER'S (j., I J
OFFICE UJ
Mr. Robert Herrera
City Of La Porte
POBox'I115
LaPorte, Texas 77572-1115
Dear Mr. Herrera:
Enclosed are duplicate signed industrial district agreements for each of Oxy Vinyl;s L.P.
facilities located in your District. Please note that Oxy Vinyl's is in the process of
completing Exhibit "B" for each location and will provide them to you as soon as
possible.
Thank you for your understanding and should you have questions please give me a call.
JMC/sdr
Enclosures
cc: Bob Luss
S:\P&BTAX\TAX\PropatyTaxIBySlaIe\TBXAS\OXY VlNYLS\GencmJ Info\042600loponc IDA-VCM Bat,doc
~
aXy
~~
Property and Excise Tax Department
P.O. Box 27570, Houston, TIC n22.7-7570
.
.e
City of La Porte
Established 1892 .
Mr. Jim Crowley
Manager - Property Tax
Occidential Chemical Corporation
P.O. Box 27570
Houston, Texas 77227-7570
[jjll & Il Q , g
N4r U 1 <Duo IJJ
OXy PRop,..,..,
TAX . ""Ty & J:"\o
Ho DEPARTMEL.I\CISf
USTON, TEXA~T
April 27, 2000
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Crowley:
Two executed originals of the Industrial District Agreement (IDA) were received from you for Oxy
Vinyl's L.P. (La Porte VCM Plant) on April 27, 2000. While reviewing the documents for" ..
completeness, we noticed the 2 sets of the metes and bounds legal description was' titled "ExhibitA to
Deed Property," "Exhibit B to Deed Assigned Easements," and "Exhibit C to'Deed Reserved -, -' .-
Easements". With your concurrence we will re-title this metes and bounds, .description as Exhibi~ "A" .
Also, we have noted that you requested Exhibit "B" and will forward the exhibit to us when it is
received.
Please indicate your acknowledgement and agreement by signing and returning this letter. Once these
matters are resolved we will present these documents to City Council for approval and we will return
an original set to you. If you have any questions or concerns regarding this matter call John Joerns at
(281) 471-5020.
Thank you for your cooperation in this ma~r.
Sincerely,
G<~ T \-\~
Robert T. Herrera
City Manager
Yes No
Re-title metes & bounds description as
. Exhibit" A~:' .
~, ~M~Y~ :: ~ .~ U~:@'l'U :ti:rn~i:
. II , I' I i 'I ; .
J 1 . M~Y - 4 2000 j L~i i
L.....__.... J ;
Assr CITY r;:~'A~ii~R~ :
'-, -" . _ o":rU.:F I
P,O. Box 1115. 0 La Porte, TeX"as775"12::-1ilS,.,.- ..(281) 471-5020
CITY MANAGER'S
OFFICE
.,
.
City of La Porte
Established 1892
April 27, 2000
Mr. Jim Crowley
Manager :- Property Tax
Occidential Chemical Corporation
P.O. Box 27570 .'
Houston, Texas 77227-7570
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Crowley:
Two executed originals of the Industrial Dis~ict Agreement (IDA) were received from you for Oxy
Vinyl's L.P. (Battleground Plant) on April.27, 2000. While revIewing the documents for completeness,
we noticed the 2 sets of the metes and bounCls legal description was titled "Exhibit A to Deed, " "Exhibit
B to Deed," and "Exhibit C to Deed". With your concuiTence we will re-title this metes and bounds
. description as Exhibit "A".
Also, we have noted that you requested ExhIbit "B" and will forward the exhibit to us when it is
received.
Please indicate your acknowledgement and agreement by signing and returning this letter. Once these
matters are resolved we will present these docUiDents to City Council for approval and we will return
an,original set to you. If you have any questions or concerns regarding ,this matter call John Joerns at
(281) 471-5020. '.
Thank: you for your cooperation in this matter.
Sincerely,
~~T'~
Robert T. Herrera
City Manager
Yes No
Re-title metes & bounds description as
Exhibit" A"
o
o
(Company)
By:
Name:
Title:
Address:
P,O, Box 1115 · La Porte, Texas 77572-1115 . (281) 471-5020
-'.
..... .
e-,
City of La Porte
Established 1892
April 27, 2000
Mr. Jim Crowley
Manager - Property Tax
Occidential Chemical Corporation
P.O. Box 27570 .
Houston, Texas 77227-7570
Re: . Industrial District ~greement (IDA) (Series 2001-2007)
Dear Mr. Crowley:
Two executed originals of the Industrial District Agreement (IDA) were received from you for Oxy
Vinyl's L~P. (La Porte VCld Plant) on April 27, 2000. While reviewing the dOCuments for
completeness, we noticed the 2 sets of the IIietes and. bounds legal description was titled "Exhibit A to
. Deed Property." "Exhibit B to Deed Assigned Easements," and "Exhibit C to Deed Reserved .
Easements". With your concurrence we will re-title this metes and bounds description as .Exhibit "A".
Also, we have noted that you requested Exhibit "B" and will,forward the exhibit to us when it is
received. .
Please indicate your acknowledgement and agreement by signing and returning this letter. Once these
matters are resolved we will present these documents to City Council for approval and we will return
an original set to you. If you have any questions or concerns regal'ding this matter call John Joerns at
(281) 471-5020.
.1bank you for your cooperation in this matter.
Sincerely,
G<aW -r: ~~
Robert T. Herrera
City M~ger
Yes No
Re-title metes & bounds description as
Exhibit "A"
o
o
(Company)
By:
Name:
Title:
Address:
P,O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
.
.
If-
City of La Porte
Established 1892
April 27, 2000
Mr. Jim Crowley
Manager - PropeIty Tax
Occidential Chemical Corporation-
P.O. Box 27570
.Houston, Texas 77227-7570
. Re: Industrial District Agreement (IDA> (Series 2001-2007)
Dear Mr. Crowley:
Two executed originals of the Industrial District Agreement (IDA) were.received from you for Oxy
Vinyl's L,P. (La Porte'VCM Plant) on April 27, 2000. While reviewing the dOcuments for
completeness, we noticed the 2 sets of the nietes and bounds legal description was titled "Exhibit A to
I .
Deed Property," "Exhibit B to Deed Assigned Easements," and "Exhibit C to Deed Reserved
Easements" . With your concurrence we will re-title this metes and bounds description as Exhibit "A".
. ,
Also, we have noted that you requested Exhibit "B" and will forward the exhibit to us when it is
recewed. .
Please indicate your acknowledgement.and agreement by signing and returning this letter. Once these
matters are resolved we will present these documents to City Council for approval and we will return
an original set to YO'Q. If you have any que~tions or concerns :regarding this matter call John Joerns at
(281) 471-5020.
. Thank you for your cooperation in this matter.
Sincerely, .
G<~ -r: ~~
Robert T. Herrera
City Manager
Yes No
Re-title metes & bounds description as
Exlllbit "A"
D
D
(Compariy)
By:
Name;
Title:
Address:
P,O, Box 1115.. La Porte, Texas 77572-1115 · (281) 471-5020
..
;-
-
.
I' - rZo
fDJ~@~aw~fn)
UlJ AUG - 9 /999 ~
...
THE."~".ICOM'pANY
~... ""I'
One Geon Center
Avon lake, Ohio 44012
Phone: 440-930-3723
Fax: 440-930-3727
harlet~~TaCITY ~ANAGER
~ F\..E. .
July 28, 1999
BY CERTIFIED MAIL
City of LaPorte, Texas
City Manager
P.O. Box 1115
LaPorte, Texas 77572-1115
~TY \',~ .::,.N.,\t?': L.;
,._-_.,-._~:,c9' qq
._~_".W'9'._"""",,,_,,,,,_,__.__
cg~~.~-~a.......~,,;.~ J~~J..KTij.
Re: Industrial District Agreement between The Geon Company (the "Company")
and the City of LaPorte, Texas (the "City"), dated effective January 1, 1994
(the "Industrial District Agreement") .
Ladies and Gentlemen:
Pursuant to Article VIII of the referenced Industrial District Agreement, we hereby notify
the City that the Company has conveyed its LaPort~: facility to OxyVinyls, LP, a
Delaware limited partnership ("OxyVinyls") and has assigned the Industrial District
Agreement to OxyVinyls. A copy of the Industrial District Agreement and an unrecorded
copy of the Deed to OxyVinyls (including the legal description of the property conveyed)
are enClosed.. The Deed was recorded with the Harris County, Texas Clerk on May 5,
1999 under Clerk's File No. T704014.
Please feel free to contact me if you need further infonrtation regarding this matter.
Sincerely,
~;P~
Charles P. Dylag . . J tJ
Enclosures
July 1999 IlIdustrial District Agreemelll LaPorte
~
-
-
NO. 9J-IDA--4f
STATE OF !'EXAS
COUNTY OF HARRIs
{
{
{
{
{
nmC'S~:rAL DIS1'R:rc-r . Aml!:EHmftt
~is AGlU:EMEN'l' made and entered inti;) by and between the CI~Y
OF LA PORTE, TEXAS, a municipal Corporat:ion of Rarris Count.y,
Texas, hereinafter called "CITY", and 'the Ceoa. CQ~a'QY
, a "Op.l ~T4;n'A .. corpora:tion, hereinafter
called "COHl?AN"!f", ,
WIT N E SSE ~ H:
WHEREAS, it is the establis~ed polic~ of the City Council of
the City of La Porte, 'l'exas, to adopt such reasonable measures from
time to time as are permitted ):)y law and which vill tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and thEl expansion of existing.
indu$tries therein, and such policy 1s 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, Ci1:y 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 ordinanl:e No. 842A, designating
portions of the area located in its extraterritorial jurisdic~ion
as 1:he RBayport :J:ndustrial District of La Porte, 1'exasu,
hereinafter collectively called "Dist:rict", such Ordinances being
in compliance with the 'MUnicipal Annexatio'R Act: of Texas, codified.
as Section 42.044, Texas Local Government Code; and
\ .
WHEREAS, Company is the owner ot land wi thin a designated
Industrial District of the City of La :?ort'e, said land being
legally described on the attached Exhibit "A" (hereinafter ULandII') ;
and said Land being More particularly shown on a'plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, j,ncluding pipelines and
railroads, ancl 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 wi 1:h Company pursuant to
Ordinance adopted by the city Council of said city and recorded in
the official minutes of said City:
NOW, THEaEFORE, 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 follo~s:
Revised: OC~Q~er 22, 1993
-.. .
;:
e
-
I.
City covenants, agrees and quarantees t11at during the term of this
Agreement, provided below I and subj ect to the terms and provisions
of this Agreement, said 'District shall continue to retain its
extraterritorial s1:atus as an indus1:ria,l clist:rict:., at least to the
extent that the same e~yers 'the Land belonging 1:0 Company and U:s
assiqns. unless and unt;z.l the status of said Land, or a portion or
portions thereqf, as an industrial district may be changed pa.zsuant:
to the te-rms of this Agreement. SUbjec:t to the foreqo1ng and to
the later provisions' ot this Aqreement, City does further covenant,
agree and qUarantee that such industriill district, to the extent
that it covers said Land lying wi~in said District and not now
within the corporate limits of Cit~., sheill be iJlmune from
annexation by City during the term hereof (except as hsreinafter
provided) and shall have no ,right ::0 have extended. to it any
services by Ci~y, and that all Land, 1ncludinq that Wh1Ch has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regula1:ions (a.) governing plats and Subdivisions ot land,
(b) prescribing. any buildinq, elec~r1eal, plumbing or inspection
code or codes, or (e) attempting 1:0 exercise in any manne:- wha'tever
co~trol over the conduct of business thereon; provided, however,
it is agreed that City shall have the right to insti'tute or
intervene. in any adlllinistrative andlor judicia.l proceeding-
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other fedSJ::,al or state environmental
laws, rules or regulations, 1:0 the Sa1lU~ 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 l~and has heretofore been
annexed by Ciey, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and. improvements, and tanqible
personal property.
Under the terms of the Texas Property Tax Cede (S.B. 621, Acts of
the 65th Texas Legislature, .~eqular session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal propl2rty shall be de1:ermined
by the Harris County Appraisal Distric.t. The parties hereto
reccgnize that said Appraisal District: has no authority to appraise
the Land, improvements, and tangible personal property in the
unannexed area for; the purpose of compueirlg the "in lieu" payments
hereunder. Therefore; the parties agree t:hat the appraisal of the
Land, improvements, and tangible personal l)rOperty 'in the unannexed.
area shall be conduct.ed by City, at City' a expense, by an
independent appraiser of City'S selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser tl1ust of necessity appra.ise the entire (annexed and
unannexed) Land, improvements; and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority or the Harris County Appraisal District to e$tablish the
appraised value of Land, improvements, and tangible personal
2
e
e
\ . A
property in -ehe annexed, part~an, for a.... va~orem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 1St:h
thereafter, unless an extension is granted.in accoraance with the
'l'exas Property Tax Code, throuqh and il,cludinq April 15, 200Q,
Company shall provide city with a written description of its Land
and all improvements and tanqible peJ:'sonal proper1:y located on the
Land as of the JJiunedia tely precedinq January 1st, stating its
opinion of the Property's market'value, and being sworn to by an
Authorized officer ot the Company authori2:ed to do so, or Company" s
duly authorizea aqen't, (the Company I S "Rendition"). Company may
fila such R.endition on a Harris county App:t"a1sa~ District rendition
form, or similar .form. 'rhe properties which the Company must
render and upon which the "1n lieu of" ta.~'es are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paraqraph IIJ: (sometimes collectively called the "property"). A
failure by Company to file a.Rendition as provided for in this
pa.ragraph, 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 !:;hall furnish to city a
written report of the nam!i!~ and addresses of all persons and
entities who store any tanqible personal property on the Land by
bailment, lease, consignment, or other ar~angement with Company
(t1products in storaqell), and are in the possession or under the
manaqement of Company on .January 1st of each Value Year, further
qivinq a description of such products in !;toraqe.
C. On or before the later of December 31, 1994, or 30 days from.
mailing of .tax ~1l1 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 C:2f .:taxes" on company.' s
Property as of January 1st of the current calend.ar year ("Value
Yearn).
D. company agrees to render to City and pay an amount "in lieu
of taxes n on company's Land, improvement!; and tanqible personal
property in the un annexed area equal to the sum of:
1. (a) Fifty percent (50%) of thE~ amount of ad valorem
taxes which would be payable to City if all of the
Company r s Land and improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had l:?een within the c,:)rporate limits of City
and appraised each year by City'S independent
appraiser; and
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 I' had been 'Within the
corporate limits of City and appraised each year by
(b)
3
-
. i
e
e
City's independent app;oa1ser; and
2. (a) On any Substantial :Incr(!asa in value of 'the Land,
improvements, and. tanqible personal propert;y
(excluding inventory) clecUcatecl to new construction,
in excess of the appraised value of same on January
1, 1993, resultinq from new construction (exclusive
of construction in proqress, which sball be exempt
from taxation), for ea,ah Value Year follawinq
completion Of construction in progress, an amount
equal to Thirty percent (30~) of the amount of' ad
valorem taxes which would be payable to City if all
of. said new construction had been within the
corporate limits of Ciq' and appraised by city's
independent appraiser. .
(b) A Substantial Increase i.n value ot the Land and
improvements as used in s\1bparagraph 2 (a) above, is
defined as an increase in value that is the lesser
of either:'
i. at. least. Five perc:ent (5t) of the total
appraised value of I.and and. improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of tbis Agreement , multiple
projects that are completed in a Value Year can be
cumulated to arrive at the. amount for the increase
in valu.e.
Cc)
If existing property values have d.epreciated below
the value established on J'clnuary 1, 1.993, an amoU11t
equal to the amount Qf the depreciation will be
removed from this calculation to restore the va~ue
to the January 1, 1993, value; and
3. (a) Fifty-percent (SO%) of the amount of ad valoreJn
taxes which would be payable to City on all of ~e
company's tangible personal property of every
description, includinq, without limitatio~,
inventory, oil, gas, and m.ineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land# if all of
said tangible personal prclperty which existed on
January 1, 1994,. J'anuary 1" 1995, and January 1,
1996, had been \lithin the c:orporate limits of City
and appraised each year by the City's independent
appraiser;
Fifty-three percent (53%) of the amount of ad
valora~ taxes which would be payable to City on all
of the Company's tangible personal property of every
description, includinq, without limitation,
inventory, 011, gas, and mi~eral interests, items
(b)
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of leased equipment, :ail:aads,. pipelines, and
products in stcn-age loca1:ed on the Land, if all of
said tangible personal property which existed on
January 1, 1991, Janua:y 1,1998, Januazy 1, 1999,
and January 1, 2000, had been within the corporate
limits of City and appraised each year by ~e c:it.y's
independent appraiser.
with the sum of 1, 2 and 3 reduced by the amount of. C:i1:y's ad
valorem taxes on the annexed portion t..hereof as determined by
appraisal by. the Harris county Appraisal District.
. IV.
'I'his Agreement shall extend for a period beginning.on the ls~ da.y
of January, 1994, and: continuing thereclfter until December 31.,
2000, unless extended for an additional period or periods of time
upon ~ mutual consent of Company and c::tt:y as provided by the
Municipal Annexation Act; provided, howevEtr, that in the event this
Aqreement 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 Disc~ict shall terminate. In
-Chat event, City shall have the right to commence immediate
annexa-eion proceeding'S as to all of COlILpa.ny' s property covered by
this Agreement, not.withstanding any of the terms and provisions of
t.his Agreement.
Co~pany 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 tbereafeer enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
ci ty to annex land belonging to Company or imposes fur'ther
obligations on City in connection therewith after the annexa~ion
of such land, company will waive the right to require C:i1:y 'to
comply with any such additional restrictions or obligations and the
riqhts of the parties shall be. then determined in accordance with
the provisions of said Texas MUnicipal Annexation Act as the same
existed January ~, 1994.
v.
This Agreement may be extended for an additional period or periods
. by a9'ree~ent between city and Company and/or its assiqns eve..,
thougn 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 eleets to protest the valuation for tax
purposes set on its said properties by'city or by the Harris Coun~y
Appraisal. District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agre~s to pay to
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City on or before tne date therefor herei.nabove provided, at least
the total of Ca) the total amount of ad valorem taxes on the
annexed portions, plus C}:)) the total CUllount of the nin lieu ot
taxes" on t:he unannexed po!:1:1ons of CO.lllparlY' s hereinabove described
propert:.y which would }:)e due to Ci ty in accordance wi th the
foreqoinq provisions of this Agreement on the basis of renditions
which shall be filed by company.
When the city or Harris county Appraisal oistrict (as the case may
be) valuation on said property of Comp.sny has been ISO finally
det.ermined, ei1:her as the result of tinal judgment of a court of
competent jurisdiction or as the r~sult of other final conclus~on
of 't:he controversy, then wit!1in thirty (30) days thereafter Company
shall make payment to city of any add1 tiorlal payment due hereunder
based on such final valuation, together wi.th applicable penalties,
interests, and costs.
a. Should Company disagree wi th any appraisal made by t:he
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to c:ompany), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
Ci ty of such disagreeJ!:lent. In the event Company does not qi ve such
written notice of disagreement within such time period, the
appraisal made by said independent appralser 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 also
submit to the City with such notice a written statement setting
forth what Company believes to be the ma2:ket value of Company's
hereinabove desoribed property. Both pa~:ies agree to thereupon
en-eer in1:o qood faith neqotiations in an attempt to reach an
agreement as to the market value of Company I s property for n in
lieu It purposes hereunder. If, after the expiration of thirty {3 O}
days from i:he date the notice of disaqreemer.lt was received by City,
the parties have not: reacbed agreement as to such market value, the
parties aqree to submit the dispute to final arbitration a.s
provided in subparagraph 1 of this ArtiCle VI B. Notwithstanding
any such disagreement ,by CompanYi 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
Co} the total amount ofothe "in lieu" payments which would be due
hereunder on the bas is of company's valua.tions rendered and/ or
submitted to City by Company hereunder, or ~le total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is hiqher.
1. A Board of Arbitrators shall be created composed of one
person naMed by company, one by c:t ty, and a t.hird to be
named by those tllO. In case of no aqreement on this
arbitrator in' 10.. days, the pa.rties will join in a written
request that the Chief .:rudqe of the u.s. Oistrict Court
for the Southern District .of Texas appoint the third
arbitrator who, Cas the "Imp'a,rtial ~.rbitrator"l 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 tbe parties as to the fair
ma,::ket value af Company's pZ:OOl2erty far calculation of the
If in lieu" paymen1: and tot;!l .paymen1: hereW'lcier for the
year in quest:ion. 'the Soard Ishall hear and consider all
relevant and material evidence on that issue includinq
expert op1nian, and shall render its written decision as
promptly as practicable. ~hat decision sha~l then be
final and binding' upon the parties, subject: only to
judicial review as may be uvailable under the I.rexas
General Arbitration Act (AJ:~ticles 224-238, Vernon' s
Annotated Revised Civil Statutes of Texas). Costs or the
ar~itration shall be shared 'equally by the Company and
the city, provided that each party shall bear i~s own
attorneys fees.
VII.
Cit:.y shall be entitled to a tax lien on company's above described
property, all improvements thereon, and all tangible personal.
property thereon, i~ the event of ~efault in payment of nin lieu
of taxes" payments hereunder, Wh1Ch shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by city. in the same mannet' as provided by law for
delinquent eaxes.
VIIr.
This Agreement shall inure to the benefit of and be binding upon
city and Campany, and upon C011Ipany's successors and assigns,
affiliates and sUbsidiaries, and shall remain in force whe'ther
Company sell~, assiqns, or in any other manner disposes of, ei~er
voluntarily or by operation of law, all 01:' any part of the property
belonging to it within the territory' hereinabove" described, and the
agreements herein contained shall be held to be covenants runninq
wit.h the land owned by company situated within said territory, for
so long a~ this Agreement or any extension thereof remains in
force. Company shall qive City written l10tice within ninety (~O)
days, with full particulars as to proper"t;y assigned and identity
of ass~qnee, or any disposition of the Land, and assignment of ~is
Agreement.
IX.
If City enters into an Agreement with any other lapdowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements a.fter the effective date
hereof and while this Agreement is in effect, which contains terms
and provisiohs more favorable to the landowner than those in this
Agreement, Company ana its assiqns shall have the riqht to amend
this Aqreement and city agrees to amend same to embrace the more
favorable terms of such agree%!lsnt or renewal aqreement. '1'h1s
Paragraph shal~ 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 ~istrict Court,
Southern Oistrict of Texas.
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The pa.rties agree that this Agreement cc:nl1plies with existing laws
pertaininq to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and net 'Unduly res"t:rict.ivB of Company's business ac::t.ivities.
Without such aqreement neither party hm:'sto would enter in't:a t:.hi.s
Agreement. In the event anyone or more words, phrases, clauses,
sentences. paragraphs, sections, articles" or other parts of this
Agreement or 'the applica.tion thereot to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdic~ion to ~e invalid or unconstitutional for any
:easan, then the application, invalidity or unconstitutionality.of
such words, phrase, clause, sentence, paragraph, section, article
. or other part of the Agreement shall be deemed ~o be independent
of and separa}:)le. from the remaind.er of this Agreement and the
validity of t.he remainlnq parts of thif.:i Aqreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all ot:her
previously existinq industrial district a~r.reements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
The Gaon Company
By:
C COMPANY)
y,/I1[~
N~e: _ Byron E. McWhirter
'.rltle: Pla~t Manager
Address: 2400 Mil.ler Cue-Off Road
LaPorte, Texas 77571
ATTEST: .
" ~L~ ~/~
City Secretary
APQZtJ. ~
Knox W. Askins
city Attorney
Ci ty of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
~ LA PORTE
. ~~
n Y... Malon . -€
Mayor
By:
Q~\- \..'~
Robert T. Herrera
ci ty Marlaqer
CITY OF LA POR~E
P.O. Box' 1115
La Parte, TX 77572-1115
Phone: (713) 471-1886
Fax: (713) 471-2047
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La Porte, Texas
DEED
(Geon - Oxy Vinyls)
KNOW ALL MEN BY THESE PRESENTS:
That The Geon Company, a Delaware corporation ("Grantor"), for and in consideration of
Ten and No/I 00 Dollars ($10.00) and other good and valuable consideration to Grantor paid in hand
by Oxy Vinyls, LP, a Delaware limited partnership ("Grantee"), the receipt and sufficiency of which
are hereby acknowledged and confessed, has GRANTED, BARGAINED, SOLD, CONVEYED,
ASSIGNED and TRANSFERRED and by these presents does GRANT, BARGAIN, SELL,
CONVEY, ASSIGN and TRANSFER unto Grantee all of the land described on Exhibit A attached
hereto and made a part hereof, together with all improvements thereon (excluding, however, the
improvements thereon owned by 1994 VCM Inc., a Texas .corporation) and all rights, titles and
interests appurtenant thereto, including, without limitation, all those certain easements (the
"f\ssigned Easements") more fully described on Exhibit B attached hereto and made a part hereof,
but SA VE AND EXCEPT those certain easements (the "Reserved Easements") described on
Exhibit C attached hereto and made a part hereof (such land, improvements, rights, titles and
interests, and Assigned Easements, but save and except the Reserved Easements, are collectively
referred to as the "Property").
This Deed is executed by Grantor and accepted by Grantee subject to the terms and
provisions of, and all the exceptions and qualifications provided. in, that 'certain Asset Contribution
Agreement - PVC Partnership (Geon) dated as of April 30, 1999 among Grantor, 1999 PVC Partner
Inc., and Grantee (the "Contribution Agreement"), a copy of which is attached hereto as Exhibit D
and made a part hereof. Because certain defined terms in the Contribution Agreement refer to the
Master Transaction Agreement between The Geon Company and Occidental Chemical Corporation
dated December 22, 1998 (the "Master Transaction Agreement"), Exhibit p also includes a copy of
the Master Transaction Agreement. Notwithstanding anything to the contrary contained herein, or
any implied warranties, Grantee shall have no remedy or claim under or by reason of this Deed or
any terms or warranties hereof, except to the extent, if any, such remedy or claim arises under the
Contribution Agreement. .
The provisions of the Contribution Agreement are not merged into nor superseded by the
provisions of this Deed. This Deed may be executed in any number'of counterparts, each of which
shall be deemed to be an original and all of which together shall be deemed to be one and the same
instrument.
I0280091\LAPORTE\DEED
Page 1
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TO HAVE AND TO HOLD the Property, togeth(:r with all and singular the rights and
appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns
FOREVER, and Grantor does hereby bind Grantor and Grantor's successors and assigns to
WARRANT AND FOREVER DEFEND, subject to the terms and provisions of the Contribution
Agreement, all and singular the Property unto Grantee and Grantee's legal representatives, successors
and assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof.
The laws of the State in which the Property is located shall govern the construction,
interpretation and effect of this Deed without giving effect to any conflicts of law principles.
This Deed shall be effective between the parties as of April 30, 1999.
Grantor's Mailing Address:
Grantee's Mailing Address:
The Geon Company
One Geon Center
Avon Lake, Ohio 44012
Attention: General Counsel
Oxy Vinyls, LP
5005 LBJ Freeway
Dallas, Texas 75244
Attention: Chief Executive Officer
.\
I
[THIS SP ACE INTENTIONALLY LEFT BLANK]
I028009I\LAPORTE\DEED
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IN WI1NESS WHEREOF, the und.ersigned have executed this Deed on the respective dates
of their acknowledgments below to be effective as of the date set forth above.
GRANTOR
THE GEON COMPANY, a Delaware corporation
By: ~ v.L
Name:
Title:
." Ii:......,.... _ _.
{4,
,(LA. Surtl{"~
GRANTEE
OXY VINYLS, LP, a Delaware limited partnership
By: OCCIDENTAL PVC, LLC, a Delaware. limitec
liability' comp.any, gen~ra1 partner
By:
Name:
Title:
I028009I\LAPORTE\DEED
Execution Page 1
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IN WTINESS WHEREOF, the undersigned have ex(:cuted this Deed on the respective dates
of their acknowledgments below to be effective as of the date set forth above. .
GRANTOR
THE GEON COMPANY, a Delaware corporation
By:
Name:_
Title:
By:
Name:
Title:
GRANTEE
OXY VINYLS, LP, a Delaware limited partnership
By: OCCIDENTAL PVC, LLC, a Delaware limited
liability company, ge~eral partner
BY:~- ar. ~~.
Name: Duane M. Stamp
Title: Vice President
I 028009 I\LAPORTE\DEED
Execution Page 1
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'0 STATE OF ()l1i() )
I ~ )SS
COUNTY OF I-()ra. fn )
The foregoing instrument was acknowledged before me this d'3rA day of AprIl
1999, by, './6tU? and 0~WtrVL.~ .the
. ,.,:.{., and As~t. fia t;U rtf .
respectively, of The Geon Co pany, a Delaware corporation, on behalf of said corporation.
. //~/ ..dd~/1~
My Commission expires: . . ~~~ !~L
REBECCA MELUCH NotaIyPublic, State of 1/ hId
NOrARY PUBUc, STATE OF OHIO
Recorded In CuyaI!oga County
M, Conun. Expl,.. Nov. 11.2003
I0280091\LAPORTE\DEED
Execution Page 2
.
STATE OF TEXAS
COUNTY OF' DALLAS
)
) SS
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The foregoing instrument was acknowledged before me this 30 day of Apri 1 .
1999, by Duane M. Stamp . the Vice President of
Occidental PVC, LLC, a Delaware limited liability company, Gener.aI Partner ofOxy Vinyls, LP,
a Delaware limited partnership, on behalf of said limited liability company and limited partnership.
~~< de !/Jt~
Notary Public, State of ---Fe tCf)/J-
My ~ssioiexp~: 01
:- ~ - ()
After recording return to:
Sophia M. Deseran, Esq.
Thompson Hine & Flory LLP
3900 Key Center
127 Public Square
Cleveland~ Ohio 44114
(216) 566-5500
I028009I\LAPORTE\DEED
l~~l'H:t.. PAMELA D. HILLENBRAND
~*~xn t8i CO~ISSION EXPIRES
"~iit...\~'" Apnl 21. 2001
",.9t..,.'
Execution Page 3
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LaPorte, Texas
Exhibit A to Deed
Property
TRACT I:
BEING 66.04726 acres ofland, more or less, in the Arthur McCormick Survey, Abstract No. 46,
Harris County, Texas, being a portion of(1), that certain tract of land conveyed from Phillips
Petroleum Company to Diamond Shamrock Corporation, as Tract 1, by instruIrl-ent recorded
under County Clerk's File No. E608664 (Film Code No. 131-07-0516) Official Public Records of
Real Property, Harris County, Texas (2) that certain tract of land conveyed from Southern
Broadcasting Company to Diamond Shamrock Corporation by instrument recorded under County
Clerk's File No. E766976 (Film Code No. 141-05-1979) Official Public Records of Real
Property, Harris County, Texas, said 66.04726 acres ofland being more particularly described by
metes and bounds as follows:
COMMENCING at the west comer of the said tract of land conveyed from Southern
Broadcasting Company, same being' the most westerly south comer of said tract ofland conveyed
from Phillips Petroleum Company and same also being in the northeasterly right-of-way line of
Miller Cut-Off Road, from said place of commencing a 3/4 inch pinch top pipe found bears
South 69 deg. 04 min. 56 sec. West, 1.58 feet;
THENCE, South 65 deg. 42 min. 21 sec. East, along said northeasterly .right-of-way of Miller
Cut-Off Road same being the southwesterly line of said tract of land conveyed from Southern
Broadcasting Company, a distance of 10.34 feet to a 5/8 inch iron rod found for the west comer
and PLACE OF BEGINNING of the herein described tract (0..00.08 and E.0+I0.29);
THENCE, North 24 deg. 17 min. 04 sec. East at 707.55 feet pass the northwesterly line of said
tract of land conveyed from Southern Broadcasting Company same being 'a southeasterly line of
said tract of land conveyed from Phillips Petroleum Co.mpany, continuiIig the same course a total
distance of 1924.73 feet to a 5/8 inch iron rod found for the north comer of the herein described
tract (N19+24.65 and EO+ 1 0.29);
THENCE, South 65 deg. 43 min. 41 sec. East, a 17.80 feet pass said southeasterly line of said
tract of land conveyed from Phillips Petroleum Company same being said northwesterly line of
said tract conveyed from Southern Broadcasting Company, at 92.81 feet pass a fence comer,
continuing along a chain link fence, at 1 J24.20 feet pass the east line of said tract conveyed from
Southern Broadcasting Company same being a west line of said tract of land conveyed from
Phillips Petroleum Company, continuing the same course and with said fence a total distance of
1425.71 feet to a 5/8 inch iron rod found for the most northerly east comer of the herein
described tract (N19+24.96 and E14+36.00);
I0320634\LAPORTE\DEED\LEGAL
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THENCE, South 24 deg. 17 min. 04 sec. West, at 242.61 feet pass said west line of said tract
conveyed from Phillips Petroleum Company same being said east line of said tract conveyed
from Southern Broadcasting Company, continuing the same course a total distance of579.70 feet
to a 1/2 inch iron rod set for an interior comer of the herein described tract ofland (N13+45.26
and EI4+36.00);
THENCE, South 65 deg. 42 min. 56 sec. East; a distance of216.85 feet to a 1/2 inch iron rod set
for the east comer of the herein described tract (N13+45.26 and EI6+52.85);
THENCE, South 24 deg. 17 min. 04 sec. W~st, a distance of611.09 feet to a 1/2 inch iron rod set
for the most easterly south comer of the herein described tra.ct (N7+ 34.17 and E 16+52.85);
THENCE, North 65 deg. 42 min. 56 sec. West, a distance .of216.85 feet to a 1/2 inch iron rod set
for an interior comer of the herein described tract (N7+34.17 and EI4+36.00);
THENCE, South 24 deg. 17 min. 04 sec. West, a distance of 734.49 feet to a 5/8 inch iron rod
found for the south comer of the herein described tract of land in the common line between said
tract of land conveyed from Phillips Petroleum.Company and Miller Cut-Off Road (NO+32 and
EI4+36.00) from which a fence comer post bears South 87 deg. 27 min. 34 sec. West, 7.9 feet; .
THENCE, North 65 deg. 42 min. 21 sec. West, along said common line, at 808.59 feet pass the
most southerly west comer of said tract of land conveyed from Phillips Petroleum .Company
same being the. southwest comer of said tract of land conveye:d from Southern Broadcasting
Compaily, continuing the same course along the common line: between said tract of land
conveyed from Southern Broadcasting Company and Miller Cut-Off Road, a distance of
1425.71 feet to the PLACE OF BEGINNING and containing 66.04726 acres ofland.
TRACT II:
. All that tract or parcel ofland lying and being situated in Harris County, Texas, out of the Arthur
McCormick Survey, Abstract No. 46 and being a part of the 194.60 acres of land conveyed to
Diamond Shamrock Corp. as recorded in File No. 131-07-0516 of the Harris County Deed
Records, and noW more particularly described as follows:
Starting at the south or southeast comer of the B.F.G. Intermediates Existing Plant, a 5/8" rod
found at said comer on the northeast R.O.W. line of Miller Cut Off Road;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 90.00 feet along the east line of the
said B.F.G. Intermediates Existing Plant to the POINT OF BEGINNING a 5/8" iron rod set for
comer;
I0320634\LAPORTE\DEED\LEGAL
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THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 644.49 feet, along the east line of
said B.F.G. Intermediates Existing Plant, to a point for com€:r;
THENCE, South 65 deg. 41 min. 56 sec. East, a distance. of 216.65 feet, along the said line of the
B.F.G. Intermediates Tract;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of611.09 feet along the said line of the
B.F.a. Intermediates Tract;
THENCE, North 65 deg. 41 min~ 56 sec. West, a distance of216.85 feet along the said line of the
B.F.G. Intermediates Tract;
THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 579.23 feet along the saId line of the
B.F.G. Intermediates Tract, to the northeast comer of the B.F,G. Intermediates Tract and now
being the northwest comer of this tract;
THENCE, South 65 deg. 41 min. 24 sec. East, a distance of 1152.86 feet to a 5/8" iron rod set for
. the northeast comer of this tract, said point being 90.00 feet fro~ the original east line of the
194.60 acres tract;
THENCE, South 24 deg. 16 min. 48 sec. West, a d~stance of 1720.71 feet along a line 90.00 feet
perpendicular and parallel to the east line of the original tract to a 5/8" iron rod for comer;
THENCE, South 69 deg. 17 min. 30 sec. West, a distance of 161.29 feet to a 5/8" iron rod for
comer;
THENCE, North 66 deg. 40 min. 08 sec. West, a distance of 620.58 feet along a line 90 feet
perpendicular and parallel to the northeast R.O.W.line of Miller Cut Off.to a point for comer;
THENCE, North 65 deg. 43 min. 21 sec. We~t, a distance of 418.90 feet the POINT OF
BEGINNING and CONTAINING 45.3798 acres ofland, more or less.
I0320634\LAPORTE\DEED\LEGAL
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LaPorte, Texas
Exhibit B to Deed
Assigned Easements
1.. Independence Easement Agreement by and among Diamond Shamrock and DSPC, dated
as of December 31, 1981, recorded January 4, 1982 as File No. H281490 (Film Code
No. 004-01-0585) of Harris County, Texas Clerk's Records.
2. Spillway Easement in Easement and Agreement by and between Diamond Shamrock and
DSPC, dated December 31, 1981, recorded January 4, 1982 as File No. H281492 (Film
Code 004-81-0700) of Harris County, Texas Clerk's Records.
3. Easement and Agreement Amendment No.1 by and between Diamond Shamrock and
LaPorte Chemicals, dated May 7, 1982, recorded May 10, 1982 as File No. H452781
(Film Code No. 014-97-0391) of Harris County, Texas Clerk's Records.
4. Oil, Gas, Etc. Pipeline License, between Port of Houston Authority, as Licensor, and
LaPorte Chemicals, as Licensee, dated as of September 9, 1985.
5. Letter Agreement, between Houston Lighting & Power Company and LaPorte Chemicals,
dated October 1, 1985 and accepted October 15, 1985 for an eight (8)-inch gas pipeline
within the Sam Bertron Power Plant Property.
6. Easement from Diamond Shamrock Chemicals Company, as Grantor, to LaPorte
Chemicals, as Grantee, dated October 29, 1985, recorded March 26, 1986 as File
No. K465352 (Film Code No. 042-65-0518) of Harris County, Texas Clerk's Records.
7. Right of Way Easement from-Phillips Petroleum Company, as Grantor, to BFG
Intermediates Company, Inc., as Grantee, dated August 30, 1990, recorded August 21,
1990 as File No. M783218 (Film Code No. 185-76-0257) of Harris County, Texas
Clerk's Records.
8. Unrecorded Pipeline Right of Way and Easement, from FINA Oil & Chemical Company,
as Grantor, to BFG Intermediates Company, Inc., as Grantee, dated September 14, 1990.
9. Pipeline Easements from OxyChem to Goodrich dated December 18, 1991, recorded
December 23, 1991 as File No. N463262 (Film Code 1'10.010-51-2497) of Harris County,
Texas Clerk's Records, affecting the 45 Acre Parcel and Pipeline Easement Amendment
by and between OxyChem, as Grantor, and Geon, as Grantee, dated October 28, 1997,
recorded as File No. S773752 (Film Code No. 516-07-1567) of Harris County, Texas
Clerk's Records.
::ODMA\PCDOCS\CLEVELAND\10280828\4 04126/99
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17
tv of La Porte.
.Established 1892
November 27, 2000
Oxy Vinyl's LP (VCM Plant)
Mr. Jim Crowley, Manager
P.O. Box 27570
Houston, Texas 77227-7570
Dear Mr. Crowley:
Enclosed is a fully executed dup.licate original of the "Ind.ustrial District Agreement
. between your fIrm and the City of La Porte, effective January 1,2001, for the term
expiring December 31, 2007. I also enclose a certifIed copy of the City's approval
ordinarice, for your records. .
As part of the document preparation, the City exanuned EXhibits "A" and "B" furnished
by your fIrm. While reviewing the documents,. we found that:
Exhibit "B" does not clearly define Tract I as described in Exhibit "A".
. ,
We feel that these exhibits will assist in monitoring the faithful performance of the
Industrial District Agreements as well as aiding long-range planning actiyities.
. If you do not have this information, cannot readily develop it, or need to discuss this
reque.st, please contact John Joems, Assistant City'Manager. .
~ you for your assistance in completing these docum.ents.
Respectfully,
G~T','~
Robert T. Herrera
City Manager
P.O..Box 1115 · La Porte, Texas 77572-1115 . (281) 471-5020