HomeMy WebLinkAbout2000-IDA-23
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ORDINANCE NO. 2000-IDA-23
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL D~STRICT AGREEKENT WITH LA PORTE METHANOL COMPANY,
LP,. FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER
31, 2007; 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.
LA PORTE METHANOL COMPANY, LP has executed an,
industrial district agreement with the (~ity 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 Mamlger, 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 a9reement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient w:ritten notice of the date, .
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of .the
City for the time required by law preceding this meeting, . as
required by the Open Meetings Law, 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 ordinance and the subject
matter thereof has been discussed, considered and formally acted
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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:
API'ROVED: 4.
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Knox W. Askins,
City Attorney
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Norman
Mayor
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/NO. 2000-IDA- 23 {
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I STATE OF TEXAS {
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COUNTY OF HARRIS {
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ASST. CITY MANAGER
OFFICE
INDUSTRIAL DISTRICT AGREEMENT
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 poliey is herE;lby reaffirmed and
adopted by this City council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No~ 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions ,of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ,ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of 'La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District:s and for such purpose
desires to enter into this Agreement lIdt'h 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 4::>f 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 iD~rovements, 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 li.eu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by city, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appr'a.isal for "in lieu" paYment purposes, such
,appraiser must of necessity 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 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 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 Compa~y 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 addrel;ses 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 :11, 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 t:he 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 ()f the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be E~xempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the am()unt 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 subpar~graph 2(a)
above, is defined as an i.ncrease 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 thta 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, ~ooo, value; and
3. Fifty-three percent (53%) of t:he amount of ad valorem
taxes which would be payable to City 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 sto:rage 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 thla 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 ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 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 42.044,
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 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 cld 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 cQsts.
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
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 appriiiser 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 fai th negotiations in an attempt to reach an
agreement as to the market value of CODipany' 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 submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during "the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the- Chief Judge of the u.s. District Court
for the Southern District of ~rexas 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 rendE~r 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 Arbi tration 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
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If ci ty enters into an Agreement wi th any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements iifter 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 I;ame 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 Companyfs 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,
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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.
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(COMPANY
By: IfJIJLe/lNl1/ ,: e7/'A/V~L G P 7A1~
Name: e. ':;)>..4 l
Title:
Address:
Norman
Mayor
ATTEST:
_,,-,tJ . ,tiuAl
i Secretary
By:
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Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: CXo..b~ T- ~
Robert T. Herrera
City Manager
CITY O:F LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-'2047
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Benefitted PrQpell1Y
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PARCEL 1
FIELD NOTES of a 28.6903 acre tract of land situated in the Enoch Brinson Survey, Abstract 5,
Harris County, Texas and being out of and a part of that certain 23.2845 acre tract conveyed, by
Syngas Company to National Distillers & Chemical Corporation by deed dated December 31, 1986,
and recorded in County Clerk's File No. K905990 of the Official Public Records of Real Property,
Harris County, Texas; out of and a part of that certain 20.9426 acre tract called Parcel No.2
described in deed from E. 1. DuPont De Nemours & Company to National Distillers & Chemical
Corporation dated December 31, 1986, and recorded in County Clerk's File No. K905991 of the
Official Public Records of Real Property, Harris County, Texas; out of and a part of Lots 1,2 and
3 of the A. O. Blackwell Subdivision according to the map of record in Volume 83 at Page 343 of
the Deed Records ofHanis County, Texas; and out of and a part of Lots 48,49 and 50 of the Strang
Subdivision according to the map of record in Volmne 75 at Page 22 of the Deed Records of Harris
County, Texas. This 28.6903 acre tract of land is more particularly described by the following metes
and bounds, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING TInS METES AND BOUNDS DESCRIPTION.
, BEGINNING at a 1 inch iron rod found in concrete for the Westernmost Northwest comer of the
heretofore mentioned 23.2845 acre tract and the East line of that certain 10.43 acre tract conveyed '
by National Distillers & Chemical Corporation to Coastal Industrial Water AuthQrity by deed dated
October 29, 1976, and recorded in County Clerk's File No. F014216 of the Official Public Records
of Real Property, Harris County, Texas, at the Southwest comer of that certain 32.6510 acre tract
of land conveyed by Millennium Petrochemicals, Inc. to Equistar Chemicals, L.P. by deed recorded
,in County Clerk's File No. S933609 of the OffiCial Publi~ Records of Real Property, Harris County,
Texas. Said I inch iron rod being the Westernmost Northwc'8t comer and POINT OF BEGINNING
of said 28.6903 acres herein , described. From this BEGINNING comer a 1 inch iron rod found in
concrete at the intersection of the North right-of-way line of Strang Road (60 feet wide right-of-way)
and the East right-of-way line of Miller Cut-Off Road (60 feet wide right-of-way) bears South 53
deg. 53 min. 10 sec. West a distance of3146.92 feet This BEGINNING comer has a Quantum
Coordinate Value of South 910.06 and East 4544.37.
THENCE: North 41 deg. 26 min. 22 sec., East along the West line of said 28.6903 acres herein
described (same being the West line of said ,23.2845 acres and the South line of said 32.6510 acres)
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for a distance of 680.71 feet to a ~ inch iron rod found for the Northernmost Northwest comer of
this tract, the Northernmost Northwest comer of said 23.2845 acres and an angle point in the South
line of said 32.6510 acres.
THENCE: South 89 deg. 59 min. 25 sec. East along the North line of said 28.6903 acres herein
described (same being the North line of said 23.2845 acres and the South line of said 32.6510 acres)
for a distance of 450. 77 feet to a point in the East line of said Lot 3 of said Blackwell Subdivision
at the shore line of San Jacinto Bay for the Northeast comer of said 28.6903 acres herein described;
the Southeast comer of said 32.6510 acres and the Northeast comer of said 23.2845 acres.
THENCE: Along and with the meanders of the shore line of said San Jacinto Bay (same being the
East line of said 23.2845 acres, the East line of said 28.6903 acres herein described and the East line
of Lots 3 and 2 of said Blackwell Subdivision) the following courses and distances:
South 14 deg. 22 min. 22 sec. East - 25.05 feet.
South 30 deg. 46 min. 36 sec. East - 144.18 feet.
North 86 deg. 59 min. 29 sec. East - 33.88 feet.
South 44 deg. 44 miD, 06 sec. East - 61.43 feet.
South 22 deg. 58 min. 50 sec. East - 20.64 feet.
South 41 deg. 23 min. 39 sec. West - 22.89 feet.
South 48 deg. 31 min. 53 sec. East - 9.69 feet.
North 47 deg. 11 min. 13 sec. East - 10.99 feet.
South 32 deg. 29 min. 48 sec. East - 188.08 feet.
THENCE: Along and with the meanders of the shore line of said San Jacinto Bay (same being the
East line of said 23.2845 acres, the East line of said 28.6903 acres herein described and the East line
of said Lot 2 of said Blackwell Subdivision) South 46 deg. 20 min. 09 sec. East a distance of24.10
feet to a point for an exterior comer of said 28.6903 acres herein described and the Northernmost
comer of that certain 12.1206 acre tract surveyed this date.
THENCE: South 40 deg. 37 min. 28 sec. West along an interior line of said 28.6903 acres herein
described (same being the Northernmost West line of said 12.1206 acres surveyed this date) and at
78.90 feet pass a ~ inch iron rod set for reference, and at a total distance of 132.58 feet set a ~ inch
iron rod for an interior comer of said 28.6903 acres herein described; same being an exterior
Northwest comer of said 12.1206 acres surveyed this date.
THENCE: South 46 deg. 51 min. 43 sec. East along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of
79.85 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date.
THENCE: North 85 deg. 48 min. 16 sec. East along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 ~res surveyed this date) for a distance of
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27.97 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date.
THENCE: South 45 deg. 33 min. 16 sec. East along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of
253.68 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date.
THENCE: South 05 deg. 34 min. 29 sec. West along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of
60.12 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date.
THENCE: South 40 deg. 53 min. 56 sec. West along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of
159.81 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date.
THENCE: North 49 deg. 21 min. 00 sec. West along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of
64.04 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and
an exterior comer of said 12.1206 acres surveyed this date.
THENCE: South 43 deg. 15 min. 47 sec. West along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of
93.31 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date,.
THENCE: North 48 deg. 53 min. 14 sec. West along an elXterior line of said 28.6903 acres herein
described (sam~ being an interior line of said 12.1206 acres surveyed this date) for a distance of
193.93 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date.
THENCE: South 41 deg. 42 min. 31 sec. West along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 ac,res surveyed this date) for a distance of
344.09 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and
the W esternm~st exterior comer of said 12.1206 acres surveyed this date.
THENCE: South 48 deg. 03 min. 53 sec. East along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of
117.35 feet to a point for an exterior comer of said 28.6903 acres herein described and an interior
comer of said 12.1206 acres surveyed this date.
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TIIENCE: South 42 deg. 43 min. 57 sec. West along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of
23.03 feet to a point for an interior comer of said 28.6903 acres herein described and an exterior
comer,ofsaid 12.1206 acres surveyed this date.
THENCE: South 47 deg. 57 min. 24 sec. East along an, interior line of said 28.6903 acres herein
described (same being an exteriorJine of said 12.1206 acres surveyed this date) for a distance of
72.93 feet to a point for an exterior comer of said 28.6903 acres herein described and an interior
comer of said 12.1206 acres surveyed this date.
THENCE: South 41 deg. 27 min. 06 sec. West along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of
12.98 feet to a point for an interior comer of said 28.6903 acres herein described and an exterior
comer of said 12.1206 acres surveyed this date.
THENCE: South 47 deg. 24 min. 52 sec. East along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of
72.93 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and
an exterior comer of said 12.1206 acres surveyed this date.
THENCE: North 41 deg. 26 min. 18 sec. East along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of
226.13 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this dat~.
THENCE: South 48 deg. 42 min. 03 sec. East along an c:xterior line of said 28.6903 acres herein
described (same being an interior line of said 12.1206 acres surveyed this date) f~r a distance of
617.93 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 12.1206 acres surveyed this date. This comer is in the West or Northwest
line of 14.4060 acres surveyed this date.
TIiENCE: South 41 deg. 23 min. 52 sec. West along the East or Southeast line of said 28.6903 acres
herein described (same being the West or Northwest line of said 14.4060 acres surveyed this date)
for a distance of 17.43 feet to a fence comer post for an interior comer of said 28.6903 acres herein
described;, same being an exterior comer of said 14.4060 acres surveyed this date.
THENCE: South 48 deg. 51 min. 09 sec. East along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of
16.38 feet to a fence comer post for an exterior comer of lwd 28'.6903 acres herein described and
an, interior comer of said 14.4060 acres surveyed this date..
TIIENCE: South 41 deg. 12 min. 20 sec. West along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of
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67.37 feet to a fence comer post for the Southernmost comer of said 28.6903 acres herein described
and an interior comer of said 14.4060 acres surveyed this date.
THENCE: North 49 deg. 18 min. 43 see. West along an exterior line of said 28.6903 acres herein
described (same being an exterior line of said 14.4060 ncres surveyed this date) for a distance of
227.23 feet to a fence comer post for an angle point in snid line.
THENCE: North 85 deg. 30 min. 55 see. West along an exterior line of said 28.6903 acres herein
described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of
20.~ feet to a fence comer post for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 14.4060 acres surveyed this date. '
THENCE: North 49 deg. 52 min. 55 see; West along an exterior line of said 28.6903 acres herein
described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of
107.17 feet to an 80 penny nail set for an interior comer of said 28.6903 acres herein described and
an exterior comer of said 14.4060 acres surveyed this date.
THENCE: South 41 deg. 50 min. 12 see. West along an exterior line of said 28.6903 acres h~
described and an exterior line of said 14.4060 acre tract surveyed this date and at 115.21 feet pass
a ~ inch iron rod set for reference and at a total distance of 168.26 feet a point for an exterior comer
of said 28.6903 acres herein described and an interior comer of said 14.4060 acres surveyed this
date.
THENCE: North 48 deg. 09 min. 48 see. West along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of
54.84 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and
an interior comer of said 14.4060 acres surveyed this date.
THENCE: North 40 deg. 43 min. 24 see. East along an exterior line of said 28.6903 acres herein
described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of
26.63 feet to an "x" in concrete for an interior comer of said 28.6903 acres herein described and an
exterior comer of said 14.4060 acres surveyed this date.
THENCE: North 48 deg. 44 min. 26 see. West along an ll1terior line of said 28.6903 acres herein
described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of
62.17 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and
an exterior comer of said 14.4060 acres surveyed this date.
THENCE: South 41 deg. 43 min. 58 see. West along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of
99.07 feet to a P.K. Nail set for an interior comer of said 28.6903 acres herein described (same being
an exterior comer of said 14.4060 acres surveyed this date).
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THENCE: South 48 deg. 03 min. 56 sec. East along an interior line of said 28.6903 acres herein
described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of
21.56 feet to an "x" in concrete for an exterior comer of said 28.6903 acres herein described and an
interior comer of said 14.4060 acres surveyed this date.
THENCE: South 38 deg. 58 min. 27 sec. West along an exterior line of said 28.6903 acres herein
describ.ed (same being an interior line of said 14.4060 acres surveyed this date) for a distance of
114.92 feet to a ~ inch iron rod set for the Southernmost Southeast comer of said 28.6903 acres
herein described and the Northwest comer of said 14.4060 acres surveyed this date in the Northeast
line of that certain 0.776 of an acre of land conveyed to Humble Oil & Refining Company by
Herbert W. Grainger, et al, in deed dated June 4, 1954, and recorded in Volume 2796 at Page 192
of the Deed Records of Harris County, Texas.
THENCE: North 48 deg. 26 min. 10 sec. West along the South or Southwest line of said 28.6903
acres herein described (same being the North or Northeast line of said 0.776 of an acre tract, the
South or Southwest line of said 20.9426 acres and the South or Southwest line of said 23.2845 acres)
for a distance of 509.23 feet to a ~ inch iron rod found in the West line of said Lot 49 and the East
line of said Lot 48 of said Strang Subdivision at the Northwest Comer of said 0.776 of an acre ofland
and the Northeast comer of that certain 0.727 of an acre tract of land called Tract 2 and conveyed
to Humble Oil & Refining Company by Carl C. Patrick in deed dated June 2, 1954, and recorded in
Volume 2796 at Page 260 of the Deed Records of Harris County, Texas; for an angle point in said
line.
THENCE: North 48 deg. 42 min. 10 sec. West along the South or Southwest line of said 28.6903
acres herein described (same being the North or Northeast line of said 0.727 of an acre and the South
or Southwest line of said 23.2845 acres) for a distance of 730.00 feet to a ~ inch iron rod found in
the East line of the heretofore mentioned 10.43 acre tract for the Westernmost Southwest comer of
said 28.6903 acres herein described, the Northwest comer of said 0.727 of an acre tract and the
Westemmost Southwest comer of said 23.2845 acres.
THENCE: North 00 deg. 06 min. 24 sec. West along West line of said 28.6903 acres herein
described (same being the West line of said 23.2845 acres and the East line of said 10.43 acres) for
a distance of 240.18 feet to the PLACE OF BEGINNING and containing within these boundaries
28.6903 acres of land.
SURVEYED: October, November, December, 1998, and January A.D. 1999.
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PHIBIT \ A
Benefitted Propel1Y
PARCEL 2
FIELD ~OTES ofa 12.1206 acre tract of land siw.ted in the Enoch Brinson Survey, Abstract 5, ,
Harris County, Tex~ and being out of and a part of that certain 20.9426 acre tract called Parcel 2
described in deed from E. I. DuPont De Nemours & Company to National Distillers & Chemical
Corporation dated December 31, 1986, and recorded in County Clerk's File No. K905991 of the
Official Public Records. of Real Property, Harris County, Texas; out of and a part of that certain
23.2845 acre tract, conveyed by Syngas Company to National Distillers & Chemical Corporation by
deed dated December 31, 1986, and recorded in County Clerk's File No. K905990 of the Official
Public Records ofRea1 Property, Harris County, Texas; out of and a part of that certain 10.7161 acre
tract called Parcell described in said County Clerk's File No. K905991; out of and a part of Lots
49,50 and,51 of the Strang Subdivision according to the map of record in Volume 75 at Page 22 of
the Deed Records of Harris County, Texas; and out of and a part of Lots 1 and 2 of the A. O.
Blackwell Subdivision according to the map of record in Volume 83 at Page 343 of the Deed
Records of Harris County, Texas. This 12.1206 acre tract is more particularly described by the
following metes and bounds, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING TInS METES AND BOUNDS DESCRlPTION.
BEGINNING at a 1/2 inch iron rod set for the Southernmost comer of said 12.1206 acres herein
described, and an exterior comer of 28.6903 acres surveyed this date in the West or Northwest line
of 14.4060 acres surveyed this date. From this BEGINNmG comer a 1 inch iron rod found in
concrete at the intersection of the North right-of-way line of Strang Road (60 feet wide right-of-way)
and the East right-of-way line of Miller Cut-Off Road (60 fec.1: wide right-of-~ay) bears South 78
deg. 11 min. 35 sec. West a distance of 4183.49 feet. This BEGINNING comer has a Quantum
Coordinate Value of South 1908.84 and East 6097.13.
~NCE: North 48 deg. 42 min. 03 sec. West along an intelior line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
617.93 feet to a 1/2 inch iron rod set for an interior comer of said 12.1206 acres herein described and
an exterior comer of said 28.6903 acres surveyed this date.
THENCE: South 41 deg. 26 min. 18 sec. West along an interior line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
226.13 feet to a 1/2 inch iron rod set for an exterior comer of said 12.1206 acres herein described
ane! an' interior comer of said 28.6903 acres surveyed this date.
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THENCE: North 47 deg. 24 min. 52 sec. West along an eJ[terior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
72.93 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres. herein described and
an interior comer of said 28.6903 acres surveyed this date.
THENCE: North 41 deg. 27 min. 06 sec. East along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 8CI'i:5 surveyed this date) for a distance of
12.98 feet to a point for an interior comer of said 12.1206 acres herein described (same being an
exterior comer of said 28.6903 acres surveyed this date).
THENCE: North 47 deg. 57 min. 24 sec. West along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
72.93 feet to a point for an exterior comer of said 12.1206 acres herein described and an interior
comer of said 28.6903 acres surveyed this date.
THENCE: North 42 deg. 43 min.- 57 sec. East along an interior line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
23.03 feet to a point for an interior comer of said 12.1206 acres herein described and an exterior
comer of said 28.6903 acres surveyed this date.
THENCE: North 48 deg. 03 min. 53 sec. West along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
117.35 feet to a ~ inch iron rod set for the Westemmost exterior comer of said 12.1206 acres herein
described; same being an interior comer of said 28.6903 acres surveyed this date.
THENCE: North 41 deg. 42 min. 31 sec. East along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
,344.09 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres herein described;
same being an interior comer of said 28.6903 acres surveyed this date.
THENCE: South 48 deg. 53 min. 14 sec. East along an intc~or line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acrel; surveyed this date) for a distance of
193.93 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and
an, exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 43 deg. 15 min. 47 sec. East along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
93.31 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres herein described and
an interior comer of said 28.6903 acres surveyed this date.
THENCE: South 49 deg. 21 min. 00 sec. East along an interior line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
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64.04 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and
an exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 40 deg. 53 min. 56 sec. East along an interior line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
159.81 feet to a ~ inch iron rod set for an intenor comer of said 12.1206 acres herein described and
an exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 05 deg. 34 min. 29 sec. East along an interior line of said 12.1206 acres hc;rein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
60.12 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and
an exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 45 deg. 33 min. 16 sec. West along an interior line of said 12.1206 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
253.68 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and
an exterior comer of said 28.6903 acres surveyed this date.
THENCE: South 85 deg. 48 min. 16 sec. West along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
27.97 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres herein described and
. an interior comer of said 28.6903 acres surveyed this date.
THENCE: North 46 deg. 51 min. 43 sec. West along an exterior line of said 12.1206 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
79.85 feet to a ~ inch iron rod set for an exterior Northwest comer of said 12.1206 acres herein
described; same being an interior comer of said 28.6903 acres surveyed this date.
THENCE: North 40 deg. 37 min. 28 sec. East along the Northernmost West line of said 12.1206
acres herein described (same being an interior line of said 28.6903 acres surveyed this date) and at
53.68 feet pass a ~ inch iron rod set for reference and at a total distance of 132.58 feet to a point in
the East line of said Lot 2 of said Blackwell Sub~ivision, the Northernmost East line of the
heretofore mentioned 23.2845 acre tract and an exterior comer of said 28.6903 acres surveyed this
da~e, at the shore line of San Jacinto Bay, for the Northernmost comer of said 12.1206 acres herein
described; same being an exterior comer of said 28.6903 acres surveyed this date.
THENCE: Along and with the meanders of the shore line of said San Jacinto Bay and the North or
Northeast line of said 12.1206 acres herein described (same being the East line of said Lot '2 and Lot
1 of Blackwell Subdivision and the North line of Lot 51 of Strang Subdivision) the following
courses and distances:
South 46 deg. 20 min. 09 sec. East - 148.41 feet.
South 49 deg. 26 min. 43 sec. East - 512.82 feet.
HOUO]: 1SI191.1
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South 71 deg. 09 min. 31 sec. East - 114.06 feet
South 55 deg. 40 min. 44 sec. East - 89.77 feet.
South 45 deg. 19 min. 32 sec. East - 73.29 feet
THENCE: Along and with the meanders of the shore line of said San Iacinto Bay and the North or
Northeast line of said 12.1206 acres herein described (same being the North line of said Lot 51 of
Strang Subdivision) South 39 deg. 46 min. 25 sec. East a distance of 81.24 feet to a point for the
Easternmost comer of said 12.1206 acres herein described and the Northernmost Northwest comer
of that certain 14.4060 acre tract surveyed this daie.
THENCE: South 41 deg. 23 min. 52 sec. West along the East or Southeast line of said 12.1206 acres
herein described (same being the West or Northwest line of said 14.4060 acres surveyed this date)
for a distance of628.28 feet to the PLACE OF BEGINNING and containing within these boundaries
12.1206 acres ofland.
SURVEYED: October, November, December, 1998, and Ianuary A.D. 1999.
HOU03:151191.1
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Part II
~~(.tJl3 - !I1;/{t;A^ ~ \J "^'
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PARCEL 3
FIELD NOTES ofa 14.4060 acre tract ofland situated in the Enoch Brinson Survey, Abstract 5,
Harris County, Texas and being out of and a part of that certain 10.7161 acre tract called Parcell
described in deed from E. I. DuPont De Nemours & Company to National Distillers & Chemical
,Corporation dated December 31, 1986 and recorded in County Clerk's File No. K905991 of the
Official Public Records of Real Property, Harris County, Texas; out of and a part of that certain
20.9426 acre tract called Parcel 2 described in said File No. K905991 and out of and a part of Lots
49,50,51 and 52 of the Strang Subdivision according to the map of record in Volume 75 at Page
22 of the Deed Records of Harris County, Texas. This 14.4060 acre tract is more particularly
described by the following metes and bounds as follows, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE
ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at a ~ inch iron rod found in the West line of that certain 50 feet wide 'strip of land
conveyed by Carl C. Patrick to Humble Pipe Line Company by deed recorded in Volume 2361 at
Page 471 of the Deed Records of Harris County, Texas at the Northeast comer of that certain 0.829
of an acre ofland called Tract 1 conveyed to Humble Oil & Refining Company by Carl C. Patrick
in Deed dated June 2, 1954 and recorded in Volume 2796 at Page 260 of the Deed Records ofHanis
County, Texas. Said ~ inch iron rod being the Southemmost Southwest comer and POINT OF
BEGINNING of said 14.4060 acres herein described; from which a 1 inch iron rod found in concrete
at the intersection of the North right-of-way line of Strang Road (60 feet ~de right-of-way) and the
East right-of-way line of Miller Cut-Off Road (60 feet wide right-of-way) bears South 87 deg. 23
, min. 47 sec. West a distance of 4161.41 feet. This BEGINNING comer has a Quantum Coordinate
Value of South 2575.79 and East 6159.26.
. .
THENCE: North 48 deg. 31 min. 10 sec. West along the West or Southwest line of said 14.4060
acres herein described (same being the North or Northeast line of said 0.829 of an acre of land and
the West or Southwest line of said 10.7161 acre tract and said 20.9426 acre tract) for a distance of
747.12 feet to a ~ inch iron rod found in the West line of said Lot 50 and the East line of said Lot
49 of said Strang Subdivision at the Northwest comer of said 0.829 of an acre of land and the
Northeast comer of that certain 0.776 of an acre of land conveyed to Humble Oil & Refining
Company by Herbert W. Grainger, et ai, in deed dated June 4, 1954, and recorded in Volume 2796
at Page 192 of the Deed Records of Harris County, TeJ'as, for an angle point in the West or
Southwest line of said 14.4060 acres herein described.
THENCE: North 48 deg. 26 min. 10 sec. West along the West or Southwest line of said 14.4060
acres herein described (same being the North or Northeast line of said 0.776 of an acre of land and
the West or Southwest line of said 20.9426 acres) for a distance of 167.40 feet to a ~ inch iron rod
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, set for the Northwest comer of said 14.4060 acres herein described; same being the Southernmost
Southeast comer of that certain 28.6903 acre tract surveyed this date.
THENCE: North 38 deg. 58 min. '27 sec. 'East along an exterior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
114.92 feet to an "x" in concrete for aD interior comer of said 14.4060 acres herein described and an
exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 48 deg. 03 min. 56 sec. West along an exterior line of said 14.4060 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
21.56 feet to a P .K. Nail set for an exterior comer of said 14.4060 acres herein described and. an
interior comer of said 28.6903 acres surveyed this date.
THENCE: North 41 deg; 43 min. 58 sec. East along an exterior line of said 14.4060 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
99.07 feet to a ~ inch iron rod set for an exterior comer of said 14.4060 acres herein described and
an interior comer of said 28.6903 acres surveyed this date.
THENCE: South 48 deg. 44 min. 26 sec. East along an exterior line of said 14.4060 acres herein
described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of
62.17 feet to an "x" in concrete for an exterior comer of said 14.4060 acres herein described and an
interior comer of said 28~6903 acres surveyed this date.
THENCE: South 40 deg. 43 min. 24 sec. West along an :interior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 ac.~s surveyed this date) (or a distance of
26.63 feet to a ~ inch iron rod set for an interior comer of said 14.4060 acres herein described and
an ex,terior comer of said 28'.6903 acres surveyed this date;,.
THENCE: South 48 deg. 09 min. 48 sec. East along an interior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
54.84 feet to a point for an interior comer of said 14.4060 acres herein described and an exterior
comer of said 28.6903 acres surveyed this date. ,
TIiENCE: North 41 deg. 50 min. 12 sec. East along an exterior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) and at 53.05 feet
pass a ~ inch iron rod set fot reference arid at a total distanc:e of 168.26 feet set an 80 penny nail for
an angle point in said exterior line of said 28.6903 acres surveyed this date, and an exterior comer
of said 14.4060 acres herein described.
THENCE: South 49 deg. 52 min. 55 sec. East along an exterior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
107.17 feet to a fence comer post for an angle ,point in saiclline.
HOU03: 157827.1
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THENCE: South 85 deg. 30 min. 55 sec. East along an exterior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 ncres surveyed this date) for a distance of
20.44 feet to a fence comer post for an exterior comer of said 14.4060 acres herein described and
an interior comer of said 28.6903 acres surveyed this date.
THENCE:, South 49 deg. 18 min. 43 sec. East along an exterior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
227.23 feet to a fence comer post for an interior comer of said 14.4060 acres herein described and
an exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 41 deg. 12 min. 20 sec. East along an exterior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
67.37 feet to a fence comer post for an interior comer of said 14.4060 acres herein described and an .
exterior comer of said 28.6903 acres surveyed this date.
THENCE: North 48 deg. 51 min. 09 sec. West along an interior line of said 14.4060 acres herein
described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of
16.38 feet to a fence comer post for an exterior comer of said 14.4060 acres herein described; same
being an interior comer of said 28.6903 acres surveyed this date.
THENCE: North 41 deg. 23 min. 52 sec. East along an exterior line of said 14.4060 acres herein
described, (same being an exterior line of said 28.6903 acres and a 12.1206 acre tract surveyed this
date) for a distance of645.70 feet to a point in the North line of Lot 51 of said Strang Subdivision
at the shore line of San Jacinto Bay for the Northernmost comer of said 14.4060 acres herein
described; same being the Easternmost comer of said 12.1206 acres surveyed this date, in the East
line of said 10.7161 acre tract.
THENCE: Along and with the meanders of the shore line of said San Jacinto Bay (same being the
North line of said Lot 51 and the North line of said Lot 52 of said Strang Subdivision and the East
line of said 10.7161 acre tract) the following courses and distances:
South 39 deg. 46 min. 25 sec. East - 4.01 feet.
South 60 deg. 43 min. 19 sec. East - 109.14 feet.
North 56 deg. 32 min. 35 sec. East - 39.02 feet.
South 74 deg. 11 min. 03 sec. East - 58.57 feet.
South 23 <leg. 34 min. 18 sec. East - 52.10 feet.
THENCE: Along and with the meanders of the shore line of said San Jacinto Bay (same being the
North line of said Lot 52 of said Strang Subdivision and the East line of said 10.7161 acre tract)
North 75 deg. 49 min. 37 sec. East a distance of 46.00 feet to a 1 inch iron rod found (bent) for the
Easternmost Northeast comer of said 14.4060 acres herein described; same being the Easternmost
Northeast comer of said 10.7161 acres and the Northernmost Northwest comer of that certain 1.3068
acre tract conveyed by First City National Bank of Houston to Humble Pipe Line Company by deed
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dated March 2, 1970, and recorded in County Clerk's File No. D072482 of the Official Public
Records of Real Property, Harris County, Texas.
THENCE: South 37 deg. 53 min. 55 sec. West along the East line of said 14.4060 acres herein
described (same being the East line of said 10.7161 acres and the West line of said 1.3068 acres) for
a distance of 125.42 feet to a ~ inch iron rod found for an angle point in said line.
THENCE: South 00 deg. 07 min. 05 sec. East along the East line of said 14.4060 acres herein
described (same being the East line of said 10.7161 acres and the West line of said 1.3068 acres) for
a distance of 274.30 feet to a 5/8 inch iron rod found (bent) in the West or Northwest line of the
heretofore mentioned 50 feet wide strip of land for an 'exterior comer of said 14.4060 acres herein
described; same being an exterior comer of said 10.7161 acres and the Southernmost comer of said
1.3068 acres.
THENCE: South 37 deg. 58 miD. 41 sec. West along the East or Southeast line of said 14.4060 acres
herein described (same being the East or Southeast line of said 10.7161 acres and the West or
Northwest line of said 50 feet wide strip of land) for a distance of 859.62 feet to the PLACE OF
BEGINNING and containing within these boundaries 14.4060 acres of land.
SURVEYED: October, November, December, 1998, and January A.D. 1999.
PARCEL 5
FIELD NOTES of a 5.5970 acre tract of land situated in'the Enoch Brinson Survey, Abstract 5,
Harris County, Texas and being out of and a part of that certain 36.4562 acre tract called Parcel 3
described in deed from E. I. DuPont De Nemours & Company to National Distillers & Chemical
Corporation, dated December 31, 1986, and recorded in County Clerk File No. K905991 of the
Official Public Records of Real Property, Harris County, Texas; and out of and a part of Lots 49, 50
and 51 of the Strang Subdivision according to the map of record in Volume 7S at Page 22 of the
Deed Records of Harris County, Texas. This 5.5970 acre tract is more particularly described by the
following metes and bounds, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING TInS METES AND BOUNDS DESCRIPTION.
BEGINNING at a 3/4 inch iron rod found in the North right-of-way line of Strang Road (60 feet
wide right-of-way) and the South line of said Lot 50 of said Strang Subdivision at the Southwest
comer of that certain 50 feet wide strip ofland conveyed by Carl C. Patrick to Humble Pipe Line
Company by deed recorded in Volume 2361 at Page 471 of the Deed Records ofHmis County,
Texas, and the Southeast comer of said 36.4562 acres. Said 3/4 inch iron rod being the
Southernmost Southeast comer and POINT OF BEGINNING of said 5.5970 acres herein described;
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from which a 1 inch iron rod found in concrete at the intersection of the North right-of-way line of
Strang Road and the East right-of-way line of Miller Cut-Off Road (60 feet wide right-of-way) bears
North 89 deg. 57 min. 33 sec. West a distance of 4007.30 feet. This BEGINNING comer has a
Quantum Coordinate Value of South 2767.70 and East 6009.44.
THENCE: North 89 deg. 57 min. 33 sec. West along the South line of said 5.5970 ,acres herein
described (same being the South line of said 36.4562 acres, the South line of Lot 50 and South line
of Lot 49 of said Strang Subdivision, and the North right-of-way line of said Strang Road) for a
distance of 437.93 feet to a ~ inch iron rod set in the South line of said Lot 49 for the Southwest
comer of said 5.5970 acres herein described; same being the Southeast comer of said 30.8421 acres
surveyed this date.
THENCE: North 00 deg. 13 min. 40 sec. East along the Southernmost West line of said 5.~970
acres herein described (same being the Southernmost East line of said 30.8421 acres surveyed this
date) for a distance of 404.42 feet to a fence comer post found for an interior comer of said 5.5970
acres herein described and the Easternmost Northeast comer of said 30.8421 acres surveyed this
date.
THENCE: North 48 deg. 32 min. 47 sec. West along the West line of said 5.5970 acres herein
described and an exterior line of said 30.8421 acres surveyed this date for a distance of255.27 feet
to a ~ inch iron rod set for the Wes~ost Northwest corner of said 5.5970 acres herein described
and an interior comer of said 30.8421 acres surveyed this date.
THENCE: North 41 deg. 27 min. 13 sec. East along the Northernmost West line of said 5.5970
acres herein described and an exterior line of said 30.8421 aCres surveyed this date for a distance of
179.24 feet to a ~ inch iron rod set in the Southwest line of that certain 0.776 of an acre ofland
conveyed to Humble oil & Refining Company by Herbert W. Grainger, et al, in deed dated June 4,
1954 and recorded in Volume 2796 at Page 192 of the Deed Records ofHmis County, Texas, and
the East line of said 36.4562 acre tract called Parcel No. 3 for the Northernmost comer of said
5.5970 acres herein described and an exterior comer of said 30.8421 acres surveyed this date.
THENCE: South 48 deg. 26 min. 10 sec. East along the North or Northeast line of said 5.5970 acres
herein described (same being the Southwest line of said 0.776 of an acre of land) for a distance of
132.36 feet to a ~ inch iron rod found for the Southeast corner of said 0.776 of an acre of land and
the Southwest comer of that certain 0.829 of an acre ofland called Tract 1 conveyed to Humble Oil
& Refining Company by Carl C. Patrick in deed dated June 2, 1954, and recorded in Volume 2796
at Page 260 of the Deed Records ofHmis Colinty, Texas, :in the East line of Lot 49 and West line
of Lot 50 of said Strang Subdivision for an angle point in the North or Northeast line of said 5.5970
acres herein described.
THENCE: South 48 deg. 31 min. 10 sec. East 8J.ong, the North or Northeast line of said 5.5970 acres
herein described (same being the Southwest line of said 0.829 of an acre ofland and the East line
of said Parcel No.3) for a distance of 706.13 feet to a ~ inch iron rod found for the Easternmost
HOU03:157827.1
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comer of said 5.5970 acres herein described, the Southeast comer of said 0.829 of an acre of land,
and the Easternmost comer of said 36.4562 acre Parcel No.3 in the West line of the heretofore
mentioned 50 feet wide strip ofland described in Volume 2361 at Page 471 of the Deed Records of
Harris County, Texas.
THENCE: South 37 deg. 58 min. 41 sec. West along the East line of said 5.5970 acres herein
describ~ (same being the East line of said Parcel No.3 and the West line of said 50 feet Wide strip)
for a distance of 193.5 1 feet to the PLACE OF BEGINNING and containing within these boundaries
5.5970 acres ofland.
SURVEYED: October, November, December, 1998, and January A.D. 1999.
HOU03:IS7827.1
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EXHIBIT C
Benefitted PrQperCy
PARCEL 4
FIELD NOTES ofa 30.8421 acre tract ofland situated in the Enoch Brinson Survey, Abstract 5,
Harris County, Texas and being out of and a part of that certain 36.4562 acre tract called Parcel 3
described in deed from E. I. DuPont De N,emours & Company to National Distillers & Chemical
Corporation dated December 31, 1986 and recorded in County Clerk's File No. K905991 of the
Official Public Records of Real Property, Harris County, Texas; and out of and a part of Lots 47, 48
and 49 of the Strang Subdivision according to the map of record in Volume 75 at Page 22 of the
Deed Records of Harris County, Texas. This 30.8421 acre tract is more particularly described by
the following metes and bounds as follows, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING TInS METES AND BOUNDS DESCRIPTION.
BEGINNING at a point in the North right-of-way line of Strang Road (60 feet wide right-of-way)
and the South line of said Lot 47 of said Strang Subdivision at the Southeast comer of that certain
12.5678 acre tract called Tract 2 described ~ deed from ,First City National Bank of Houston,
Executor, to Humble Pipe Line Company, dated August 31, 1965 and recorded in County Clerk's
File No. C164648 of the Official Public Records of Real Property, Harris County, Texas, at the
Southwest comer of the heretofore mentioned 36.4562 acre tract. Said point being the Southwest
comer and POINT OF BEGINNING of said 30.8421 acres herein described; from which a 3/4 inch
iron rod (found) bears North 88 deg. 22 min. 34 sec. East a distance of 0.48 feet and a 1 inch iron
rod found in concrete at the intersection of the North right-of-way line of Strang Road and the East
right-of-way line ofMiIIer Cut-Off Road (60 feet wide right-of-way) bears North 89 deg. 57 min.
33 sec. West a distance of2381.66 feet. This BEGINNING comer has a Quantum Coordinate Value
of South 2766.54 and East 4383.80.
THENCE: North 00 deg. 07 min. 32 sec. West along the West line of said 30.8421 acres herein
deScribed (same being the West line of said Parcel No.3 and the East line of said 12.5678 acres) for
a distance of1519.37 feet to a ~ inch iron rod found in the North line of said Lot 47 and the South
line of Lot 1 of the A. O. Blackwell Subdivision according to the map of record in Volume 83 at
Page 343 of the Deed Records of Harris County, Texas, for the Northeast comer of said 12.5678
acres, the Southeast comer of that certain 8.5726 acre tract called Second Tract described in deed
from Ernest C.1aphet, et aI, to Humble Oil & Refining Comp,any dated 1une 10, 1965 and recorded
in County Clerk File No. CI08878 of the Official Public Rccc)rds of Real Property, Harris County,
Texas, the Southwest comer of that certain 1.4287 acre tract described in deed from Hunible Oil &
Refining Company to Humble Pipe Line Company dated April 2, 1968 and recorded in County
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Clerk File No. C689905 of the Official Public Records of Real Property, Harris County, Texas, the
Northwest comer of said Parcel No. 3 and the Northwest comer of said 30.8421 acres herein
described.
THENCE: South 89 deg. 58 min. 11 sec. East along the North line of said 30.8421 acres herein
described (same being the North line of said Lot 47 of said Strang Subdivision, the South line of said
Lot 1 of said Blackwell Subdivision, the North line of said Parcel No.3, the South line of said
1.4287 acres and the South line of that certain 10.43 acre tract described in deed from National
Distillers & Chemical Corporation to Coastal Industrial Water Authority dated October 29, 1976 and
recorded in County Clerk File No. F014216 of the Official Public Records of Real Property, Harris
County, Texas) for a distance of 199.05 feet to a 1 inch iron rod found in the Southwest line of that
certain 0.727 of an acre ofland called Tract 2 conveyed to Humble Oil & Refining Company by Carl
C. Patrick in deed dated June 2, 1954 and recorded in Volume 2796 at Page 260 of the Deed Records
of Harris County, Texas, the Northernmost Northeast comer of said Parcel No.3 and the
Northernmost Northeast comer of said 30.8421 acres herein described.
TIlENCE: South 48 deg. 42 min. 10 sec. East along the East or Northeast line of said 30.8421 acres
herein described (same being the East or Northeast line of said Parcel 3 and the Southwest line of
said 0.727 of an acre ofland) for a distance of 683.76 feet to a ~ inch iron rod found in the East line
of Lot 48 and the West line of Lot 49 of said ~trang Subdivision for an angle point in the East line
of said 30.8421 acres herein described. Said ~ inch iron rod being the Southeast comer of said
0.727 of an acre and the Southwest comer of that certain 0.776 of an acre of land conveyed to
Humble Oil & Refining Company by Herbert W. Grainger, et al, in deed dated June 4, 1954,
recorded in Volume 2796 at Page 192 of the Deed Records ,of Harris County, Texas.
THENCE: South 48 deg. 26 min. 10 sec. East along the East or Northeast line of said 30.8421 acres
herein described (same being the Southwest line of said 0.776 of an acre ofland) for a distance of
544.26 feet to a ~ inch iron rod set for an exterior comer of said 30.8421 acres herein described and
the Northernmost comer of that certain 5.5970 acre tract surveyed this date.
THENCE: South 41 deg. 27 min. 13 sec. West along the Northernmost West line of said 5.5970
acres surveyed this date and an exterior line of said 30.8421 acres herein described for a distance of
179.24 feet to a ~ inch iron rod set for an interior comer of said 30.8421 acres herein described and
th~ Westernmost Northwest comer of said 5.5970 acres surveyed this date.
THENCE: South 48 deg. 32 min. 47 sec. East along the West line of said 5.5970 acres surveyed this
date and an exterior line of said 30.8421 acres herein described for a distance of255.27 feet to a
fence comer post found for the Easternmost Northeast comer of said 30.8421 acres herein described
and an interior comer of said 5.5970 acres surveyed this date.
THENCE: South 00 deg. 13 min. 40 sec. West along the Southernmost East line of said 30.8421
acres herein described (same being the SouthenuDost West line of said 5.5970 acres surveyed this
date) for a distance of 404.42 feet to a ~ inch iron rod set in the North right-of-way line of said
".
HOU03: 149383.1
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Strang Road, the South line of Lot 49 and the South line of said Parcel No.3 for the Southwest
comer of said 5.5970 acres smveyed this date and the Southeast comer of said 30.8421 acres herein
described.
THENCE: North 89 deg. 57 min. 33 sec. West along the South line of said 30.8421 acres herein
descnoed (same being the South line of said Parcel No.3, the South line of Lots 49, 48 and 47, and
the North right-of-way line of said Strang Road) for a distance of 1187.71 feet to the PLACE OF
BEGINNING and containing within these boundaries 30.8421 acres ofland
SURVEYED: October, November, December, 1998, and January A.D. 1999.
HOU03: 149383. 1
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"EXHIBIT C"
paqe 1 of 2
RULES AND REGULATIONS
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 following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations 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-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved pUblic rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. ,Minimum setback for sign const,ruction 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 146 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.
::4
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.
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"EXHIBIT C"
paqe 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 shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained 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 ci ty 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
regulations 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 rules and regulations of
Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of 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.
,',
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ity'of L,a Porte
J '
Established 1892
;,13 .
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November 27, 2000'
La Porte, Methanol Company
P.O. Box 2009
La Porte, Texas 77572~2009
Re: mdustrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Enclosed is a fully executed duplicate origiDal of the Industrial District Agreement between
your f1I1Ii 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 ordinance, for your
records. - ' ,
This year's negotiations went very smoothly and I wish to thank yo~ for your cooperation.
Both City Council and I appreciate the positive relationships with Industry that these
agr~ements hav~ fostered.' ,
If my office can ever be of assistance to your firm, please do not hesitate to call.
Respectfully,
~\.~~,
Robert T. Herrera
, City Manager
Enclosures
P.O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
,--------------------------------------------------------------------------------------~---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------~----~----------------------------------------------------------------------------------L
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REFERENCE DRAWINGS
NOTES
I
r--
r--
-
1 2/9/99 UPDATE PER LINDE DEAL KP DEH
NO. DATE DESCRIPTION BY APPR.
REVISIONS -
This drawing is the property of Millennium Petrochemicals and may not
be used reproduced. published or disclosed to others without its written
authorization. This drawing is provided to others only for the purpose of
producing items on order for Millennium Petrochemicals or its licensees.
It is not to be used in any way detrimental to Millennium Petrochemicals
and is subject to return upon request.
-
C Y .i Millennium
,...~ Petrochemicals I--
11500 Norlhlake Drive
P.O~ Box 429550
Cincinnati, Ohio 45249 t--
513-530-6500
LA PORTE COMPLEX
SYNGAS ~ ---.
PROPERTY c
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DATE 9/15/98 SCALE 1 "=200' -I z
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DRAWN BY PEC CHECKED BY N -
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DEPT. APPR. ENG. APPR. I 0
0
LOCATiON DRAWING NO. ISSUE 0
0
87 1 -.II.
700-D~T02-0001
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