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HomeMy WebLinkAbout2000-IDA-32 ._..~_._._-- --- -" ---.""";..._--_._---~---"'"--.:...:-.---.-- --...-- _--. ,,: I ~-J 'u' ......... 4t7[vO . I ~L ~~f~+- I if:- 7 o~ f;roo ~ John Jo...ns Assistant City Manager - I-f rwJJe- LVa~l tB.e- 8/17/ 00 ~~4i1r _ if) OPt) I /'IJ()Ct:t8S1 JE;a-vfe-J. I?~~ . I WelL- 10 tt..9k ~ fe/j~d I . .. ':.. . ;.. NO. 2000-IDA-____ { { STATE OF TEXAS { { , COUNTY OF HARRIS .{ INDUSTRIAL DISTRICT AGRBEMBNT 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 Sentinel'Transportation L.L.C. , 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 ~easonable 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 "Battleg~ound 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 w~th 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; a,nd . WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter . into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official .minut~s 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: PINAL DRAFT: February 24, 2000 i' . . ~{,. 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 foreqoinq 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 ci ty during the term hereof . (except as hereinafter provided) and shall have no right to have extended to it any servi~es 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.o~ inspection code or codes, or (c) attempting to exercise in any manner whatever qontrol over the conduct of business thereon; provided, however, any portion of Land cons~ituting 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' administrati ve and/ or judicial proceedinq 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 Aqreement. II. In ,the event that any portion of the Land has heretofore been annexed by City, Company agrees to render ,and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the .. in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by city, at city's expense, by an independent appraiser of City's selection. The parties recognize that in making such 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. 2 e e .i: 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 ~f 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 ~ile such Rendition on a Harris'County Appraisal District rendition form, . or similc;1r form. The properties. whi~h the Company must render, and upon which the "in lieu of" taxes are assessed ar:e more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (so~etimes 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 te~ms 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 ~st o~ 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 qf 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 3 .~ - e . each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. On, any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) - dedicated to new construction, in excess of the appraised, value of same on January 1, 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 th~ 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 apcordance with the applicable pro~isions 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: (a) i. at least Five percent (5%) of the total appraised value of Land an~ imp~ovements, 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 ~alue 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. Fif~y-three percent (53%) of the amount of ad valorem taxes' which would be payable to City on all of the Company' s tangible perso'nal 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, 4 e e 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 ci ty' s ad , 'valorem taxes on .the annexed portion thereof as determined by ~ppraisal 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 immediat~ annexation proceedings as to all of company's property covered by this Agreement, notwithstanding any of the terms anq 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 t~x 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 ~greement 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 ci ty in accordance wi th the 5 - e ... ," 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 City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" pa~e~~s to ~e 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 hereund~r. 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 p'arties agree to submi t the dispute to final arbi tration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term 'hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company' s valuations rendered and/or subm~tted 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 f,or 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 t~e arbitration shall be resolution of the difference between the parties as to the fair market value of Cc;>mp~ny' 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 6 e e of expert opinion, and 'shall render its written decision as pr.omptly as practicable. . That decision shall then be final' and binding upon the parties, subj ect only to ju~icial review' as may be available ~~der the Texas General Arbi tration Act (Chapter 171, "General Arbitration", Texas' civ.il 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 atto~neys 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 succeSE;5ors 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 thereo'f, 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 enter's into 'an Agreement wi th any other landowner wi th respect to an industrial district or enters into a renewal of any existing i~dustrial district agreements after the effect~ve date hereof and while this Agreement is in effect, which contains terms and provisions more favorabl~ 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 ~his 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 r~strictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement,. In 'the" event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof'to any person, firm, 7 e : "e 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' affec;:ted thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land sha'll terminate. ENTERED INTO effective the 1st day of January, 2001. ATTEST: City Secretary APPROVED: Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Port~, TX 77572-1218 Phone: Fax: (281) 471-1886 (281) 471-2047 Sentinel Transportation L.L.C. (COMPANY) By: Name: r all M Title:Vi e President Address: 1007 Market Street Wilmin2ton. DE 19898 (under Power of Attorney dated ~y 1, 2000, ' from ~e~tinel Transportation, LLC to the Vice President - Taxes, E. I. duPont de Nemours and Company.) CITY OF LA PORTE By: Norman L. Malone Mayor By: Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 " " . e .~ POWER OF ATrORNEY : . ...... KNOW ALL BY THESE PRESENTS: ' :"' That Sentinel Trusportatioa, LLC, a Delaware corporation.(the "Company"), does hereby constitute, make and appoint the Vice President - Taxes,' E. I. do Pont de Nemours and Company, with power of delegation, its true and lawful attomey-in-&ct, to exercise for it and in its name, pIace'and stead before the,duly coristitu~ taxing authorities of the , United States, any state of the United States 'or any political subdivision thereof: or any foreign government, the foHowing limited powers in CODDeCtion with Company tax DULtters as may be required from the date hereofuniil December 31, 2003, unless earlier revoked: (1) 'to prepare and file any returns and related reports; (2) to receive any and all tax biDs and 'approve payments thereat; (3)- to d~ with representatives of taxing aUthorities with respect to such taxes; and '(4) to negotiate settlement of tax assessments resulting.from such ' returns, it being understood that tIi~ tax settlements shall be, submitted to the Company's Treasurer, for prior approval whenever the points at is~e ,in the settlement are of sufficient . importance to the Company as t~ W8ITaIlt such action., , The Company hereby" declares that each and every thing done, act perfonned ~d instrument executed and deliVered by its attofDey-in-t8ct in co~ection with the exercise of any or aU of the powers h~ove enumerated shall be g~od, valid ind eJfectua),to all intents and purposes as if the same had been.done, performed, , executed or delivered by the Company'in its corporate presence and it hereby ratifies whatsoever such attorney-in-fact shalllawfulIy do by virtue of this instrument. The pow~ herein granted are limited to the matters specifically set forth herein and shall continue until revoked and the Company hereby declares that a certification by the Secretary or any Assistant Secretary of the Company that this Power , of Attorney remains in tWI force and effect shall be binding and cOnclusive upon the Company. ' Executed on t:f!J ! . 2000 Sentinel TiansportatioD, UC Attest: . . ~. Assistant Secretary , , , ~~c~ sid ' e e "EXHIBIT A" (Metes and Bounds Description of Land) :;.. e . "BXHIBIT B" (Att~ch Plat reflecting the ownership boundary line~; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of ,the Land previously annexed ~y the City of La Porte.) :4 e . "EXB;tBI'1',C" paqe 1 of 2 RULES UD REGQLA'1'IOHS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmo~t 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 ~he 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 construction ,shall be t~n (10) .fe~t from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 5.0' 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 tecpniques: a) Leaving in place existing trees, vegetation, underbr~sh, etc. to provide a ~horough 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. :.- . e ~. "BXHIBIT e" 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 city to determine a suitable 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 openinq from, said strip of land onto Fairmont Parkway shall be subj ect 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 Fair.mont Parkway shall be subject to the approval of both Harris County and city. LA PORTE PLANT GENERAL SERVICES UTILITY LINES SITE DEVELOPMENT-WE~EC CIVIL ' - 1 , ---~----- ,- '--I ,-, i-i--I- i ,-::J, ~;-'1--:-----~ 'I - ,- i--i-----::J-- ------~---~----~-~--------~--- --- ~-~-~ -.--------------- --- ,I I I ',i' ' . I 'I I I I J, ;;- 18B PIID.S:'_ ,_ ~.ZP-.P~ -J tCaI:;...'::..I:.....:II..:.. _ r:iiAn GRA__ _ .. 1IJl.P_ _1..-eIl 0C0lID- {l-15RJ!111. _llZ-lF ~.....- - - - -1-- ~_~J - - - -"1 -- ~~.L----r- ----;..1------- .... E.I..... PlIIlT lIE IOlUIS . CD. ,INt lJUlINliTo., IlELAlAAE IIJ'lIfT EJGIIEERIIG L0407 r ;TNOlRDI , j !ill!!!... ~ ~ N26III8 .!B!!!.... ~ N3888 ,II I ;; 81 .. 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'/" / / / 7 ~ PROTECTION UNDERlAY ~, ~ !!!!!!!L ~ . .!!!!!!!... ~ i -I -, -. -. -0 -, -0 -. -S :-r -u 'D I ! ! . -L -K -J -( -N -Il -I -F : N5481l I .. I II = II I I - ..l..~.. . ;,,', !II ' - , .. SAN I I III ! II BAY "'ANAL\'ZE FOR SAFEry~ III II .1 ;; ~ . .. . - ~ . - . - .MG IIINI_ ESIiDITIAL anlGN .. !I .c -s .~ , . ....., .-- ORDINANCE NO. 2000-IDA-32 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH E.I. DU'PONT DE NEMOURS , ' , COMPANY, FOR THE TERM CODENCING JAlnJARY 1, 2001, ARD ENDING DECEMBER 31, 2007; MAKING VARIOUS FIRDINGS AND PROVISIONS RELATING TO DE SUBJECT; FINDING COMPLIANCE WITH THE OPD MEETINGS LAW; ARD PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE .~ITY COUNCIL OF THE CITY OF LA PORTE: Section 1. E.I DU PONT DE NEMOURS & COMPANY has executed an industri.al 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 ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . . PASSED AND'APPROVED, this 28th day of August, 2000. By: ATTEST: .~ 8. .f{dIJJ. , Mar ha . Gillett city Secretary ~ ~'L- 2 / ./ e . , City of La Porte Established 1892 September 20, 2000 Mr, Kevin Startz Tax Advisor 140 Cypress Station Drive, Suite 135 Flouston, Texas 77090 - Re: Industrial District Agreements (IDA) Series 2001-2007 Dear Mr. Startz: Enclosed are severalletteis referencing Fairmont Supply Company and Sentinal Transportation. After a recent briefmg by Kathy Powell and Hugh Landrum regarding Fairmont Supply and Sentinal Transportation, it became apparent that separate ~A's with companies leasing from E.!. du Pont are not needed. The IDA's are agreements with owners of real property and not leaseholders. The land, improvements, and stored personal property should be reported under E.!. du Pont's IDA. If you wish, for convenience and accounting purposes, to report and render separate in-lien payments, you are welcome to do so. Please coordinate this effort with Kathy Powell and Hugh Landrum. I apologize for the misunderstanding and any confusion this may have caused. c: Robert T. Herrera, City Manager Kathy Powell, Tax Manager Knox Askins, City Attorney EO, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e ['-?, II , ,6:J" j)...-,v/ " \ / ,/ '/1 ~ f' City of La Porte E.~tablished 1892 August 10, 2000 S/;::c' /1-'T1>9-0~D Fairmont Supply'Company, Inc. Attn: Tax Department 1800 Washington Road Pittsburgh, PA 15241 Gentlemen: On March 20, 2000, I mailed to your firm execution copies of an Industrial District Agreement" for the seven year term commencing January 1, 2001, which had been negotiated by ,the city of La Porte and a commi~tee representing industry. At that time, I requested that the 'executed Agreements be returned to the City by May ,1, 2000. The city of La Porte has not received ,your firm's executed Agreements" and we would like to offer the City's assistance in answering any questions that your firm may have, or otherwise assisting your firm, in the final 'execution of the Industrial Di.strict Agree~ent., ' It is important that your firm forward the executed Agreements, or written confirmation that your firm intends to enter into the Agreement, to my office, no later than Thursday, August 31, 2000. The City of La Porte must begin annexation proceedings on properties ,not under contr:act by that date, in order to complete the annexation proceedings before the end of the year, and place the property on the city's tax rolls, in the event that your firm does not, l-.Fish to enter .into the Industrial Dh~,trict ,~qreement. We at the City of La Porte feel that the continuation of lndustrial District Agreements, which first commenced in the City of La Porte.. in 1958, is mutually beneficial to the city and the nearly sixty companies with which it h~s such agreements. We are hopeful that your firm will choose to renew its Industrial District Agreement with the City , ,Thank you for your prompt attention to this matter. Yours very truly, CITY OF LA PORTE By: G?~ T, ~ Robert T. Herrera, Cl. ty Manager RTH:sw P,O,B(lxII15. La Porte, Texas 77572-1115 · (7\.3)471-5020 , - '\? (" -,.0 (,..'. (' . Jamea T. Moore Property Tax Agent 412-831-4333 CONSOL lac. Property Tax Division 1800 Washington Road Pittsburgh,PA 1~24. November 2~ 1998 La Porte Tax Office City of La Porte P. O. Box 1115 La Porte, TX 77572-1115 Deaf Sir: Enclosed is a copy of a letter I sent to the Harris County Appraisal District earlier this year. You will note that in that letter I stated that Fairmont Supply Company moved from 11604 Strang Road to 12501 Strang Road last year. During this transfer we did a DEED research in Harris County and it was discovered that the most current DEED on file shows ownership to be E. I. DUPOUT on these properti~s, Fairmont Supply Company had been leasing warehouse space from E. I. DUPONT 'at 11604 Strang Road, (lease now terminated) and is currently leasing warehouse space at 12501.strang Road on the E. I. DUPONT,Property. Therefore, F'airmont Supply Co. owns no real estate ill, HlQTis County. ' ' ' We will continue ~o file a Business Personal Property Tax Rendition for our inventory at 12501 Strang Road, ~ut we have no information about the investment in buildings and structures or site and yard improvements at this facility. All Real Estate Tax information should be sent to ' the attention of: Wtllie Lott E~ I. DUPONT DE NEMOURS & COMPANY :p.O, Box 347 La Porte, TX. 77572 I will forward a copy of this letter to Harris County, and if you need any further information please contact me at the above address or telephone number. TXFSLAPT.RND .. , - ,/ . <[Upon>, . KevIn C. Startz, CMI Tax Advisor Property Tax May 10, 2000 . Mr. Robert T. Herrera, City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1,115 RE: Industrial District Agreements for E. I. du Pont de Nemours and Company and Sentinel Transportation. LLC. Dear Mr. Herrera: Enclosed, please find the executed documents respectfully submitted on behalf of the referenced companies. Included with the documents are the revised legal description and site map for DuPont. Since Sentinel Transportation leases the parcel of land it occupies from DuPont and no changes have occurred regarding ownership or improvements from the prior agreement, we do not believe that a revised legal description is needed for Sentinel. ' Please contact me with regard to the timing of the City Council's meeting to review these agreements or if you have questions. ". fB) IE a: IE B11E rm If\1 lAY 11 2000 (!!) CIlY MANAGER1 OFFICE , . City of La Porte Established 1892 September 7, 2000 E.I. du Pont de Nemours & Company Attn: Kevin Startz 140 Cypress Station Drive, Suite 135 Houston, Texas 77090 Re: Industrial District Agreement (IDA) (Series 2001-2007) Mr. Startz: Enclosed is,a fully executed duplicate original of the Industrial 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 C~ty's approval ordinance, for your records. As part of the document preparation, the City examined Exhibits "A" and "B" furnished by your firm. While reviewing the documents, we found that: , Exhibit" A" does not provide an adequate description of the property in question. It references only the grantor, date and, riling information of each property acquisition with no reference to metes and bounds of the tract(s) in question. Exhibit "B" consists of two plant site I~youts that cannot be identified by the property identifications from 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 activities. If you do not have this information, cannot readily develop it, or need to discuss this request, pleaSe contact John Joerns, Assistant City Manager. Thank you for your assistance in completing these documents., Respectfully, e~ T. \\~ Robert T. Herrera City Mariager p:o, Box 1115 0' La Porte, Texas 77572-1115 · (281) 471-5020 " .-. ~' ,.L. . .; '. ~ NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and E. 1. du Pont de Nemours & Company , a Delaware corporation, hereinaft~r called "COMPANY", j 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 ~ocated in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached, Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose - desires to enter into this Agreem'ent wi th Company pursuant to Ordinance adopted by the City Council of said City and recorded in the ofticial minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreem~nts of the parties contained herein and pursuant to the authority'granted under the Municipal Annexation Act and the Ordinances of City4referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 . . 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 City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 . e ;: 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 similc;1r 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 wr i tten 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 3 . e 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 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 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 applicab~e 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, 4 . . in accordance with the applicable provisions of the Texas Property Tax Code. with 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 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 5 . . foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and 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 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 h~ve not reached agreement as to such market value, the partic;ls agree to submi t the dispute to final arbi tration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/ or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution 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 6 . . expert op1n1on, 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 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 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 qisposition 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 it~ 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, 7 . . 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. E. I. du Pont de Nemours & ComDanv (COMPANY) By: hall G. Me Clure President - Taxes 1007 Market Street Wilminston. DE 19898 ATTEST: ~~ J1;JJJ! C1t Secre ary By: ~ AP~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: G~,-, \L..~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471";;2047 8 . e "EXHIBIT A" (Metes and Bounds Description of Land) :.=4 ~ \ ' \ \ . .e EXHIBIT A A'schedu1e listing tracts ~f, land acquired by E. I. duPont de Nemours and 'Company in Harris County. Texas. to be, used for the construction of manufacturing and related facilities. The information contained in this schedule is a part of the industrial district:agreement entered into between the City of La Porte. Texas, and DuPont on ' 0, f Du Pont's La Porte Plant acr~age was acquired from the following conveyances: 1', eASE. Se c Deed from H. C. Cockburn dated March 29. 1944. recorded page 364 ',...:'... Deed from U.S.A. <'BY 'Maritime Commission> da:ted March 30. 1944. recorded in Vol. 1318. page 444 El(NI'3/T"' in Vol. 1318. page "/1'" Deed from St. Joe Paper Co. dated December 21., 1967. recorded in Vol. 7034, page 10 Deed from Harris County Houston 'Ship Channel Navigation District dated June 30, 1969. recorded in Vol. 7708, page 242 Deed from Texas Commerce Bank, National Association. Trustee, dated May 27, 1970. recorded in Vol. 8025, page 318 Deed from Decker McKim dated August 1, 1970, recorded in Vol. 8111, page 60 Deed from Harris Colinty dated October 26, 1971, recorded in Harris County Clerk's File Code 135-39-0587 Deed from Texas Commerce Bank, National Association~ Trustee, dated October II, 1973, recorded in Harris County Clerk's File Code 169-33-0421 Deed from Decker McKim, Trustee, dated AprU 1, 1974, recorded in Harris County Clerk's File Code 101-13-0864 Deed from Decker McKim. 'Trustee. dated April 1, 1974, recorded in Harris County Clerk's File Code 101-13-0872 ' Deed from Kenneth P. Theriot dated August 30, 1974, recorded in Harris County Clerk's File Code E-248302 Deed from Robert L. Bruce dated October 3, 1974, recorded in Harris County Clerk's File Code E-274648 Deed from Gladys Louise Randa 11 dated May 27, 1975, recorded in Harris County Clerk's File Code 121/09/0120 Deed from James W. Cooper, & Wife dated November '20, 1975, recorded in Harris County Clerk's File Code 131/04/1211 Page 1 of 3 ~ ....: . e <; f Deed from Gera14 B. Carpenter & Wife dated November 20, ,1975, recorded in ,Harris County C1erk~s File Code 131/13/0088 Deed from Gladys Louise Randall dated November. 20, 1975, recorded in Harris County Clerk's File Code 131/04/1215 Deed from Lawrence P. Lee & Wife dated February 4, 1976, recorded in 'Harris County Clerk's File Code 135/01/0839 Deed from Donald C. Da1bosco & Wife dated February 17, 1976" recorded in Harris County Clerk's File Code 135/15/0989 Deed from Wilbem B. Hood & Wife dated April 13, 1976, recorded in Harris County Clerk's File Code 139/04/1356 Deed from Hayden Moorman & Wife dated AprU 13, 1976" recorded in Harris County Clerk's File Code 139/04/1366 Deed from John F. McNeeley, Trustee, dated O~.t;,o~er 25, 1976, recorded in Harris County C1erk"s File Code 151/16/1976 Deed from Allen L. Wilkirson, Jr. & Wife dated January 25, 1977, recorded in Harris County Clerk's File Code 159/1212110 Deed from Southern Pacific Transportation Company dated July 19. 1977. recorded in Harris County Clerk's File Code 185/05/0303 Deed from Penn Earl Majors, Jr. & Wife dated September 20. 1977. recorded in Harris County Clerk's File Code 176/02/2464 Deed from Jackson Bates Craven, Jr. & Wife dated September 21. 1977. recorded in Harris County Clerk's File Code 176/06/1557 Deed from Delma Earl Polk & Wife dated September 2i, '1977. recorded in Harris County Clerk's File Code 176/02/2468 Deed from James C. Arthur & Wife dated September 21, 1977. recorded in Harris 'County Clerk's File Code 176/06/1548 Deed from Jerry R. Christy & Wife dated July, 12, 1978, recorded in Harris County Clerk's File Code 200/08/1672 , Deed from Houston Lighting and Power Compa~y. dated March 22. 1980. recorded in Harris County Clerk's File Code 162/81/2186 Deed from P. C. Holmes dated March 5,1981, recorded in Harris County Clerk's File Code 179/92/0455 Deed from Sybil Fry dated March 5. 1981, recorded in Harris County Clerk's File Code 179/92/0460 Deed from Community Hospital of Brazosport dated October 21. 1985.' recorded in Harris County Clerk's File Code 029-68-1229 Page 2 of J , . e Du Pont's Deer Park Plant acreage was acquired from the following conveyances: Deed from Donald C. Dalbosco & Wife dated February 17, 1976, recorded in Harris County Clerk's File Code 135/15/0989 Deed from Claud B. Hamill Dated February 17, 1976, recorded in Harris County Clerk's File Code 135/l5/1004 Deed from Gid L. Neal & Wife dated February 17, 1976, recorded in Harris County Clerk's File Code 135/15/1009 Deed from National Distillers & Chemical Corporation dated December 27, 1976, recorded in Harris County Clerk's File Code 115/19/1795 Deed from Port February 10, 158/15/0954 of Houston Authority of Harris County, Texas, dated 1977, recorded in Harris County Clerk's File Code Deed from National Distillers and Chemical Corporation dated August 12, 1977, recorded in Harris County Clerk's File Code 175/08/1760 Deed from National Distillers & Chemical Corporation dated May 26, 1978, recorded in Harris County Clerk's File Code 197/08/1836 Deed from 'Charles D. Boyle, Tru~tee, dated May 5, 1987, recorded in Harris County Clerk's File Code 179-27-1486 Deed from George B. Kennedy & Wife dated August 16, 1991, recorded in Harris County Clerk's File Code 043-15-1366 Deed from Con-Gas, Inc. dated May 21, 1992, recorded in Harris County, Clerk's File Code 022-56-0397 i . e tN/e,r- E. I. Dupont - ArJ_ J - 12501 Strang Rd, laporte, Texas 77572-0347 4JA If <[() PONt> Dupont Environmental Control Tuesday, January 11, 2000 cc: Ronny Lai Willie Lott Kevin Startz Conoco - Real Estate As requested, attached are maps reflecting recent land transactions and a ledger that records historical transactions up to 1996. You will need to add to this ledger the 117 acre sale to Frantz in 1998 and the more recent 10.8 acre sale to 0.8, Western in 1999. Please csll if we can be of further assistance, ~ Dave Perrin Ducom470-3194 E,I. Dupont de Nemours and Company ., ~1 .' A ^ ,.-' BAV . . ,V.W.ltNtRiZ O. '3'7 I~C. QUANTCJ~ . . "EXHIBIT 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.) ..~ . . "EXHIBIT e" 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 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 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. :;" 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. '. . . <[(J PDn>, Kevin C. Startz, CMI Tax Advisor Property Tax E, I. Du Pont de Nemours and Company 140 Cypress Station Drive, Suite 135 Houston, TX n090 Tel (2~1) 586-6707 Fax (281)586-2504 May 10, 2000 Mr. Robert T. Herrera, City Manager City of La porte P.O. Box'1115 La Porte, TX 77572-1115 RE: Industrial District Agreements for E. I. du Pont de Nemours and Company and Sentinel Transportation. LLC. Dear Mr. Herrera: Enclosed, please find the executed documents respectfully submitted on behalf of the referenced companies. Included with the documents are the revised legal description and site map for DuPont. Since Sentinel Transportation leases the parcel of land it occupies from DuPont and no changes have occ,:,rred regarding ownership or improvements from the prior agreement, we do not believe that a revised legal description is needed for Sentinel. Please contact me with regard to the timing of the City Council's meeting to review these agreements or if you have questions, Kevin C. Startz Tax Advisor rD)/CCIE8WlErnI U1l . It 3JOO IW . . "BUIBIT e" Page 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 wi th 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 suitable 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 subj ect 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. II .:; "~," ".' ~'ol ,.j 0 :.) na tlIIA~ K.U "-!M ~ IY E. l DU P'OHT De ~" CO. Tl4l! '~Tl()N'IOES1CN OlVrSlON ; _ lCMOW-MO'N 'nBfOW 1M T Met 1M! \lSI!) ~ lMI! tlftA 'W1HC ~ WlT>IOUl >>f1IOVfO IY ....O:{}..L~,...I.~..(;:..,l.~........'.1::ls;:.I?.t THI! WmnH ~ 041 DU ~. AU ~ ... WHOl! 0. 1H. PAn. ..... d a~ ~ ~ Dt.A~s. 5HAU. ~ o.'~ TO THIS STAMP. . , A~YfO ..".:.....,.,..,., ThIS map was drawn, bY PENNON/ ASSOCIA TIES, INC., With InfOrmal/On rov/ded bY Dl.Jpol1ts Rea/ Estate D/v/sion. (7f//:<; map rePlaces /0.;;/ or/g/nc/) DA l'! REAL i:.f ESTATE MAP. 2988 LArtsT JEV. iSlE. SHEET 3870 3856 L- I ~rlli9 21 [IX 3 VJ!X -i I ~srnL INDUSTRIAL WATER I AUiHY?1 TY X I FROM OONALO COAl.. BOSCO 8 WIFE X~M GLAO'YS LOUISE RANOALL 3820 3801 3789 2025 3780 2iU 21u X X X '\I DECKER ~ 1M. TRUSTEE - R/,.,s IIlnch wtlr(J gront(Hj or resl!YYflJd by ofhtors ar~ os lollows. - Dralna9" eosemenl 10 Horns County - Houston Nolun~ Gas R/W .. ~0058 !J()o~2 ~0007 x JOOI ~O JlJ4.5 - ..VJ4i - J848 - ~ - .!D48 $53 ..J8$15 ~ 3854 "J$54 3IJ55 ~ :670 ~70 "WI J883 3881 3880 3882 3IJ79 J903 .::896 3969 3970 2 3 10/3/74 ~~ I V?"~ 1/~75 II~~ -- I I./.?"~ IV~~ 2/':/:"5 2/11/7"5 4/13/r"'5 4/0/75 4/13/75 4/13/15 10/25/75 10/25/75 1/25/77 7/19/77 9/20/77 9/21/77 9/21/1'7 9/21/77 7/12/78 3/22/80 3/5/81 3/?5/81 8/14/8~ r' --- -- 68.1149 0.155 ". Sf.!t!J note 51-146 80/~$8:. I 3359 2024 2024 2 I 2 .3 J 2 H'X HUM8LE PIPELINE Co. 3/3/54 --IOUSTO!! LIGHT 8 POWER 9...9. 7-17 -(L4., i 8J!..9../-827 3-14-96 :07/85/1919 /0-1-91 I"'I.C, COCKBURN ~,S.A, (BY MAR! 17 ~ C()MMfSS I()ItI / C:OUNTY OF HARftfS -~N() &0' WIOE" N.S F'OR PUBLIC - ROAD-SENS POAl) OR 26M S:-Pa:itGAS. OIL .Ere. RESERVEO) HUMBLE PIP!" LINE CO 12/~ STATE OF' TeXAS -WlotNING cY PiE 22~ (GAS,OIf...E:c..I6/3/66 ReSElWEO) sf: JOE PAPER CO. (AI..I.. LANO ~,"" OF ME ';2~) X I s r J,OE PAPER co. X I HARRIS CO UN T'!' HOUSTON SHIP ~ANNC. 'V1V1GA nON I" f)/STRICT. --- X: TEXAS COMMeRCE 8ANK.NAilONA4.. ASSOCIATION. --- I fRt/STEE LOrs I ANO 58 X loECKER MCKIM (LOT 2) --- IS/ATE OF TeXAS -FEE IN 8€O OF'OLO.R", 2~ -- Xl COUNT'!' OF HARR/S ..; VACATION OF STRANG --- ~o. EAST OF weST L/NE OF LOTS I ANO ~ AND OUt'i- I CLAIM RELEASE TO STRANG RQ THRU P!.AHT -rsIXlTHWEST CHEMICAL ANO PLASTICS co ~ x I TEXAS COMMERCE BANK, NA TlONAL ASSOCIA TlON. . j TRUSTEE 3459 - LO T 3 - I I, 0768 ACRES 37'80 - 3779 37'89 x PHILLIP C. HOLMES 8 WIFE X SYBIL FRY )( THE' COMMf./NITY HOSPITAL OF BRAZOSPORT X NATIONAL DISTILLERS ANO CHEMICAL CORP. STATE'OF TEXAS - CONTROLE:D ACCESS HIGHWAY FACIUTY X ! CHARLES A, BOYLE:. TRUSrE'E X r GE:ORGE' 8. KOUIEJ)y AND WIFe ROBBIE' Eo KE'NNE:'DY AGENT AND [ATTORNEY IN FACT, GLYNNOA H. PARSONS X CON-GAS,lNC. (I)F.'E:[) WITHOUT W/.RRANTY. OEm TRACT / OE'ED TRA CT II LOIS ANN LENERTZ G OECXER MCKIM. iPUSTEE X ; oECKER MC'XIM. TP..ISTCC - PARi OF LOT ~ 'kTOt;CKER MCKIM. TRUSTEE-PART OFLor 57 , I KENNETH P. THERIOT.ErUx-PARr OF LOT 57, srRANG I SU8OfVISION. ROBERT L, SPJCE ..cTUX-PART OF LOT 56 x (;UIOys LOUIse RANOA'-/.. x :.;4~ w ~R 8 AlIFE x . XR~ 8 c.:.;::?PE"N TC? 8 N!FE - x i ~ LCX./I$E RA/Vc.:LL x GI...IU:'!'S LC1.J1 SE RA/Vc..:LL I X I ~ LO./I SE'?A,\C-:LL I X :LAwPEi-.a" P LEE 8 NIFE X ).x;wAI..O C CAL80sc::J 8 NIFE - ~ no,~ b!'bw ~/L8ERN B f'XX) 8 WIFE: 1 X l,tlILBERN 8 H'.XX) 8 WIFE x ; HI!BERN B HXJO 8 WfFE X i HA""DEN M(X)RMAN 8 WIFE x I...oHN F. McNEELEY, TRUSTEE X 1 JOHN F. McNEELEY, TRUSTEE X I ALLEN L. WILKI RSON, JR. 8 WIFE r<<tNt.:I.. Nt1'''9"f'CIt o,"'rlcl R/W for roilrOt:1d (RtlltltlJUIId T / :J/6IlJ. - R/)r~, ).. pi""""" (R.hH1ud't6 /2/72) - R /)Y IC' 10 "l>t1f""'MN" pip. ;,,,. Or(Jns- t,,.,..c c-., /1, F' C 10 T.,tn Ell.""'" Trom , ",," 10" C (11'''' 1//1/"" l', rtlCOf'd6C 16lJ3I'597' J - R./w IC',. ;'-1}'" ~ 2-10j,if'!'ll"'$ to 11 /1fIandcJdl;2/27.A8I/95I/~T ~,,.,.,, ,'" .1()- p,,,,,,Ii,.,, to Sc" JccoinfO Bey. (Am*,-~ 2/~/roJ. - i!"O' ""e' IV"" fo,. .I"clnc 11l1Jft (A/'n."d<</.. ~ ~,~ 1 1/;:0/7/ 8 3/26/71 ) . 30'1 ~'~'ttn"9 statIO" ,o$f 01 StIn$ Rr:xJd 3"~" 20211I oX x 2024 2024 x x X x 3559 3854 2024 x -~s prr!lJ'iou$ o~s arll as lol/OWIS: EoSt/milnt to Houston Nalural Gos 1220 ,p09'" 44 r#tfco,.d"d in volu",. - Easem;?nt lor Iit'Oter/if1l!J - w"',c/1 JlIItIIrll grontt!ld or rtos~rtfM /)y 21X -+-- 21x 2iY x ~ X IFROM ROBERT L BRUCE. ET UX - ~s wIt/c/1 "'~rll granted or r~ed by of"~rs arll os lol/ows - /?/W lor gas lInt! -AJrly tIIall on ~osf 20 -R/W for qas I",f" 01 north pr~ty I Into 5/2~ 10/3/74 21V 21W ~ X I I CORP OF ENGINEERS 8 HOUSTON I SHIP CHANNEL NAlIGATION OtSTRfCT X I FROM KENNETH P THERIOT -0/,.,lo,.6ull Staf~s Naturol Gas Co. -P~rmif lor Iloottng loom confOtnfMnt btXJm I 4 ~41E/248./302 9/8/70 4/1/74 '1/13/0864 2024 2024 EASEMENTS 8 AGREEMENTS 11 ~ +., .,",-...,..+~ .......L............ GRANTED ~lPrlON I I HOU!I;on Nl1futNJ1 Gn CorptnYJficn r<<:crdt1ld I in Vdu.... I~lf/. ~. 50, - Eo,..,.,,' nf/llhf, ~"""",Io "'t1h1r /Inti rllCtJrdtNI in YQi.,.. IJI~. Pa9fl 7'~. - All """.rcl$ (1$, ~ dtI1td in Vo/u"'" 1338. PUtJ. 637. -1/4 A II mi".,-cl. 6,- rt/'CtYtMd In VoltJ"" I //42. Pr1tJ.' 102. I I 2024 iHOUSTON PIP€LINZ COMPANY 1- E~nf fer pl.wi/HI 112/17~1 2024- ARCO PIPELINE COMPANY -EaSflmtlnfs fM'p'~ (SH gronlol 16/6/77 12/29/7'7 J I 3881 X 1 FROM PENN EARL MAJORS, JR, d - R/W"s .hich ".".. ,,,.anhlti or rn.,..<<t by 9/2(V'77V~ I I I WIFE I prr;~$ 0"""" tJtNI t7S fcllt::1ws, I I I i X \- E c.."".",. g,."w !to .soul".,..""" StIli I I ~ I T~ltlphCf'lfl Ca. r~dM in Volu"''' 1397, 'I P(J~ 632, 3880 X AT'OM JACKSON BAlES CRA VEN .II? -R/W's W'h1C" "'9'T"'fW1 or rtlurwd b" 8 WIFE prtl,!iou$ o..n... tJf'Y (J$ fo/~ : - Ern,,,..,,t lor ..,..,. II"., rllCCrd<<l In ~/- vmtl 8/~, ~ 736, , - Roct:t.rJy eos~fNI('f,' I 1-1/4 In;.--I /If till "''''.f'''fN$ to Earl ~ rtICordH in VoI.-- 1142, ~ 102 387'9 JAMES C. ARTHUR 8 WIFE 1- L.ostl lor land 3882 ! X lfi'l"GW DELMA EARt.. Pa..K S WIFE - ;;YW's Woh/c/t ..,. grrJ1'lfH1 or~""";:; by ~i I pr...iou$ CfIf".,.. ",.., (M follow. " XI - E a."""nl to ,*,,-fI'on IWIfw'fJf Gc. Corp. (1. I \ I : I II I r.cord.d in V~ 1220, ~ 44. I I I 3879 X lFfitW.)AAIES C AUTHOR 8 WIFE - R/W"s ."'1cIt .... f/rtJ",-, ef' r.un<<1 by 19~Y77 V~ I I I I I I I prfW/ous 0fImtfrY (1,". c$lcll~'- I t I I i I I I 1- E~""'" for ",,:.r 11"'* Cl'!I "fN:~ in , I 1 I I : I I I Vo/u... 81!J. ~'~~ 736, ' I \ i 2. a-l I iX! - R<<JdWf11' "qs~r : I Iii i IX! -1/4 Int~$f ," (7(J ",,,,.,.ols to Earl T/)omc I I I I I i I I r<<orr1t1(/ in VOlu/ltt1 I 142.P'r19t1 102, I ~-lli913 ~fX I I ~TON LIGHTlAG 8 PCMER CO I-Eo."""f lor pcJtt lin.. ~l I ~6 I I I j I I [ I . ~,.ll59 12 IE IXI IS:J.JTHERN Ph:IF/C TRANSPORTATION - Easement to rekx::t1h! port of Ortq/nol R./W 12/5/77 I 131D Ixj I jCOMPANY (Amends qront af 7/1/54) I I 2'.)24 13 ICC\XI I I~O Pf~LINE COMPANY -Reduces pi~ /)1 2':{Aml"nds qronf of 6/6/7 7JlI~ I 2Q24,:!883 13 \0 1 X i !SWTHERN PACIRC TRANSPORTATION -Track mointo;nf!'nc~ t:tnd construction aq~~mtonf 9/28/78 I L- 927'9 3896 121El I I COMPANY I 3359,_W612 ~E1 X I ICONTlNENTAL OIL COMPANY -Easement for ,,'p'lin~ 11/28/781 131Hf11 I I I 1 I I 3780 ~IX! I !WPONT L;4PORTE EMPL OYEES I-Lease for 0 FI!'d~ral Cn!dit Union butld/nq 1//2/79 1 L- 9313 I 15/21/791 L- 9367 I 2024 13 L:.:' , IXI I COMMISSIONERS CCX/RT OF HARRIS I-Aotmif to cross Sims rood wlfh utIlIty line 3853 I r r I lCOJNT.,.. I I 2024 131Rl ! i I EXXON PIPELINE CO I-Eoseml"nt lor nt!ro~n pipeline 2/20A901 121N I I I I I i i ! i j i I I I I 3359 I 2 ~E1 X I I CONTINENTAL OIL COMPANY I-Easement lor cfJtIJodic proftlcfion unif!1 I 7/2/80tl64/85~~1 3581,3779\ XI ISOIJTHWESTERN BELL TELEPHONc I-Eas~mtlnl for ultdtfrgrOt.P1d 1~/IlPhollt!1 6/2/81 ! 378O,3801llii] : COMPANY i lines I I I i 3854, 3IJTO ~~J9aJl r 1 I - I 2024 3 N~ X I IUNION CARBIDE CORPORATION I-Easem~nt for IS-fJ 12" wa t~r Imes am~'1(; 12/9/81 2 6G1 I I s fation 2024 ., LLjX !UNION CARBIDE CORPORATION -cosemllnt for two l8'oxy9t'n/'ilro~n 12,/!;/81 -' I IZ~' I I pip~/in.!1 l- I 3847 I I I XI ! GLADYS LOUISE RANDALL j-Oui/cloim to ~(fll and water syslem 1/11/82 t-:2024 13 lA'''1x I I AIR PROIY.JCTS 8 CHEMICALS CORP -Easement lor poles, quy wires, '31C, 8/26~2 ~O~4 13 r-1X I I I UNION CARBIDE CORPORATION -Easen:iH!.# for oxygen pressl.l~ letdcwn stat. 2/17/83 i iCONOCO CORPORATION eC.:'4,.u59 .:' f'-#'I X! I -Easement lor a 4"ethyline pIpeline and 10/3/83 063-0893 . 3~9,3510 J lP" I I I I melennq slal/o" 1353'~3554 I I I 13.:ac:3853 I I I 2~4 3 iCe Xi I i!.JtVION CARBIDE CORPORATION I-Easement lor (] axygen pressure letdown 3/8/84 I I I I slation. 2CJ24 13 IR~X UNION CARBIDE CORPORA TlON -Easement lor ~' oWYMad coble 8 power//ne 3/8/84 ~ 38~6 to svpply tN- leldown area, 3S5)t. AIR Pf((X)U(;T5 AN) CHEJv//~S" IN::. -Easem~nt lor 16"raw wot~r,12''';ltroqef1,12''oXYfJtM 4/2~/f!": 50/90/~?? >-- ,- 12"fllttlrtJd W(]/~r, 18" corbondloxlde ond focllltles 50/90/336 !CU?8/~r with 30" crCf'bon dioxIde and locllltles 2024 2 /(1( X VICTOR w: LENERTZ AND LOIS A. LENER7Z -Easemt!lnt lor bulkl1lK1d olone sl10rtJ line 5/18/84 90/92/2072 i I I M'7 (;LAfWS LOUISE RENOALL 2024- 21LLI ix ORE! G OTWELL AND JEAN G OTWELL -Easel1HJnt for blJlkhtJod oInq sI1o~ lIne 5/21/84 9t?~7 I 2024- !21~ WALKER A. LEA EXECUTOR OF 7 HE 1 -Eas~mtJnt for bulkhtH1d eleng shor~ Iln~ 6/27/84 90~ t I I I i I LAST WILL AND TESTAME:NT Or- I l I I I I HAZE!.. ~ THOMA I I I I - I I I I -~anm."t fflr &''m1tllffJl en and 28,)(50' I 2024 i " r nr Xi I I EXXON CAS SYSTEM INC.~ 112/11/85 ----- r--- I --.--.---- I ! 2 i NI\{ I I I I met~ring area I I I : -EastJm~nt lor 8'undtJrg';-ound pipelIne for I ,"i/14/84 I ----- I 3359 131WX, . ENTERPRISE PRODUCTS COMPANY l 12 i cO ~ ! i I propane, Isobutone. normal bufone, gasoline I I I i I I I I I ond ethane (2'wlde) 1 I I I I I I - I ! : I t I r : -Easement (3'wldtJ/lor 2 IJf1derground pipelines I t i I I I one 6" and one 8" for propot1e. Isobutane, I I I I I I ! normal bu!on~, gasolIne and ~tf'1qn~ I I I I I I 31 vt1 Xl I AMOCO PIPELINE COMPANY I -Easement Nal- 8"underground pipelIne lor I 11/23/8d! 148/6. I I X NOTE " lOTE: 3 13 XIX L x HUMBLE PIPE LINE Co. HOUSTON LIGHTING 8 POWER CO, rlUMBLE PIPE LINE Co. 5.833 ocs porctll In Son - .Jacinto Bey lor dock, . ~MJ ~r(1n' 01 8/'6/4C; L UP., f'$ R/W to 80' ",,(/tI fty """,pltl plp.hn.s, - R/W 10' ",/(:1. lor 6" p'~"n. (F.. c.n<<1 \f.z;:;?A5'O \ 46lJ7/416 on P- 3359J I -R/W lor 4" N -fin. 8 20 'x20'INII.nngor~a I (S.. gront of 5/3/56) - Eas.",.nt ar.c 150'1150' for SUOStation (Canceled by non use /fl 1918 J - R/~s ",hlclt ".r. granttld or rllSil,...,;"c by oflNlrs or. a. follows, - Cros$i"9 n9l't ()IWr 200 .:.J salTHEf?N PACIFIC TRANSA'JRTATlON COMPANY X IP!NN EARL MAJORS,JR a WIFE X i JACKSON BATES CRAVEN, JR. 8 WIFE ~l DELMA EARL POLK 8 WIFE X I JAMES C. ARTHUR 8 WIFE ZJ JERRY R. CHRIST.,.. 8 WIFE X I HOUSTOV L/GHTINJ 8 P:)WER COMPANY 02296 0.2".;66 I 02296 I I 254C8 L 1.6728 ] 3.4534 i -, 053 07::67 0.3685 - 01837 03413 30333 1.462 /.987 /.186 'T. 700 61913 C 13,7'7' 0/6(;,. O~ 00115 00-744 CC023 1,990 27.5985 02181 3510 - E 1/2 LOT 4 - 5.45 ACRES 3580- SW 1/4 LOT 4 -20267 ACRES 3581 - PART OF LOT 57-22948 ACRES 3/25,/l't1 4/1/74 4/1/74 8/3CV?4 7,/17/7') IQ/" / ,.:J 8/1/7'0 IOr.../7'O 1(V';!f5/71 C.707 01/4 13,848 CONVEYANCES OEEDE: 0 tlti 6 d~W J 2 3~ 31Y -L 3!Z Corp. 6/11/15 Va-?'A731 1;2//09/0120 1&'274/648 tNJs.menf 20'wlt.ltI -EqstNntJIIt for' wtJtrN1IM. COAST;4L ItlOtJSTRlAL WATER AUTHORITY -ccstJmlJlPf for plfNJllM(IO 'wldtJ) grrmttJd to D().'ON GAS srsrE'M 11Ie. -2 EqsemtJ/Ils 10' wldtl together adjoinIng OtJr/ol ~ast!me;,ls !Jf'Of'ltJd HOUSTON LIGHT and POWER COMPANY -Eas~mtJnt 2Q'wlde grenttJd SEADRIFT PIPELINE COMPANY - R. Q ~ 8 Ea."tJlfNlnt 9fT1nfed UNITEf) TEXAS 50032 xl . I' 1 XI CON-GAS INC. othtJl'$ (]f't1 (1$ follows: -Ul7l'f!corrltJd HOUSTON PIPELINE' Co. -Easemllnt for ov~rhtJOd eltJctronlc/pcwt!,. c(1bltJs and poles -R.O, ~ s whlch wt!f'W grrm!t1d or "tls~l'Wd by 3 21fPIX ~ mcy no! f'1qVt1 blltJn tronsfllred as It Is I.InrtJcordtJd ond ~xtJcuted only by DuPONT. Parc~1 acr~og~ net Includ~d In toblll tabulqtlon -. F~bruary 23, /998 :807.4.693 REMAINING /6.4894 ACRES OF THE ORIGINAL 44,0$3 ACRES OF P-3856 PARCEL 2 IS PART OF THE DEER PARK, rx. PLANT SITE - SEE PROPERTY MAP 4490, .2 SHEETS TOTALS 1:60- wid~ R/W 8 R/W for qUI -l1ost 01 Mill, ROOd - RtII.os. 01 old 9ronl$ tuCtlpl lor R/W 162/81/2186 179/92/0455 i 179/:J2A)46( 029/68//229 131/04/1215 1131/04/1215 11.J5A)l/YJ39 1/35/l!5/D989 i 139/:)4/J~ I / ~/04// J.56 I l 1.39/04/1356 1139/04/7:f,6 1/51/16/1975 I 1/51/16/197'6 I 1159/12/2110 I J 185/0YvJJ3 1/76~464 i 17'6/05/7557 ! 17'6AJ2/2468 1/76/06/1548 ~672 E-274648 ~ V2'/Q9/OIi'O I 11';1/:)4/:21 I 1 1.;t/I3./~ 1_7/~/1215. 2 .J.2 9 2.~49 0./40 12/0092 811/60 8196/3~ \ '/~-J9~ 2C24 3 I . 12;'8 X J 18 X 2!C .)' I ~;v;-:) ~ ~ 2lZ1X 2~ I -l 3 lec X X X X X X N-017208 4687//2 'I.. -454363 .1979024 5/4/92 5/21/92 25~0/670 E-002448 ENRON NATURAL GAS LlOUIDS CORP- ORA TlON FORME'RLY TENNECO NATURAL GAS LlOl/lOS cor;PO.';'ATlON TEXACO CHEM/~L COMPANY fo,. nqtural gas -Eas~ment Na2 W1Ivt1 site -E'qStfmtlnt for 10''undtJrground plplIllM for mw wr:r1tJr qn(/ ~O' X 85' pump station site 12/20/91 2/27/98 --~ .~ '1 Totol Acres 2/75/58 1/15/68 6O'.i~ 12/7~ lJ09'y4~ 2024 2024,3359 r1.... ~ I ! I ~ I I I~ \ : I I i I ~ --+-- k".lQ24,.lli9i .2 I J I X I -- --+- ~ XLJ 12 t K I I X FROM ST .JOE PAPER CO 3,1 ',..'Y)~ 1- 2024 19283 I . 1101-13 - (;J8f54 I 1101-13-0872 IE-~302 'V 7" J9- Q2Ct!! I 'i69-5!-0tQ1 I I Clx ... HUMBLE OIL 8 REFINING Co. HOUSTON LIGHTING 8 POWER CO ') ') ffOU,STON PIPe LINE CO ~7' 1~1/57 6/>>"69 OATE - 3~ 3/30,,414 6/11/52 X x X X IFIi'GW JOHN r: M NEELY, TRUS TEE .lflaJSTOV LIGHTING 8 POWER co. X I WILBUR HOOOe WIFE X X j I __- I 309.2030 , I i/09/5//0321 I ~ 022/56/0397 +--- I 1022/56/0401 i 5/3/86/2.91 04.3//5//366 7093/461 2024 2024 3359 2024 2024 2024 2024 2024 I - .. ,,~24 2 I D ! x- I- t \ ..:::24 12lEiX i f:J 101...... .-~ 1~...."'C~;' 1 F ,,74,59 35!54 x NOL TEX L.L. C. MeIer control c~nttlf' no. 3-6 CeNtJ trey Wast.wtJ/'N IJI~//n. FI(Jf"tJ tJ),!Lc...efHlult -Ammflfldmtlnl of ItMs~ 8-12-9'" -A. 4-6-96 II. 1222 1;41,9285 I 1,91 t I ! 23,5164 ACRES IN r OC/T 17~, 1~4 I _ I 40.0 . - ! 2,6,~2 i EXXON PIPELINE' COMPANY 5/2//9;: 2//7/81 5/1/81 8//6/9/ 3 J I I -----J 2 (I.l1 .2 3 31G 2C2~ 31F'IX JIEIX 2 r iJ 208,301' ~ 9.949 I 1~.69~ . I " -Eosl"mtonl lor transmission lines - o/Ws qront~d or reserved: - Rood l"Cs~~nf 10 Horris County r~ in Volumll 2488, Pog(1 255. - EaS/tl",.""t to Housfon Noturol Gos Corp. r~cord4l'd in \.ot)Iu".,.. 3325. PotJf' 598. - Eos.m."t to Houston Nafurol Gas Corp, r.cordtld in Valu",." 1220, Pr:1'J't1 "'-4, -R/lf"s which .,.".. 9"'O'''fw.d or rw6t1r'lJ'l/ld by pr""iQu$ Otl'"tIr:l an 0:1 follows.: - /..kJlocc,'Wj Ii"" R/W ,cs.",."f to - R/>>'s ",hlc" wllrll gran!rtd or r~s#rW!d by 12/17/76 -.!!!#"ious OWMrs orll as follows: 1 -1/16 non-pcrticipctlng royolt)' infllr~st in ! I oil, gas, 8 ot/),r min#r'(fIS'IIC't!'p1 weN, I -fVW to Sht!l' ~;/HJlint! Corporafion-rllcord- l Ild in Vo/u""'" 1272 ,P(Jf}fI186, I - R/W to Exxon PiptoliM Corporofion-r~cord-l ~d in Volum~ 1326, Pa9. 594, A",.ndfld b)' I documM1f r<<ord(1(f in Volu",., 2561, PfJf}tt t 533 -ltJrfhH om.~ by docu",.,nt r<<- I oro.d und(!'r cl.rlt's IiI. No. EI05625 -,t:VW to T~M1S EosffJrn Trans",is:sion Corp, Rtrcord<<! inVol1J/fN 2~, ~ 2178 I Volu",. 127'9. Pr:1t}11 479 - omflndtl(/ by 1 docum,,,t rtlcord#d in cl.rlt$ IiI. !\fa E194171.1 - R/W to Hous ton P iptl/i"" C onyx:Jn)' r lICorrJIod jn VolUI'M 802, Pt:19t15~9, o~tId by doc- u",.,,! I'tICOrdtld in 'rAolumtI 2530 f'rJg. 670. - Eos~",,,,,t fo Coqsfol Industnel lIIIoft!'r 7/9/97 a0867 4.9.J13 Q4174 ..1,43 1.116Ji123 a 496 0.344 ...... X X X x I TO HUMBLE PIPE LINE CO 'OUSTON LIGHTING 8 POWER CO x )( 8O<.~/8 1~11/~ /.JJt!l/444 2 "8I!f/'2J!) Authority-Recorded 1101. 4414, pp, 525 -E:a~menf lor a 12"ocetyline line a:ent;' ,:orrtdor I .. 2~~~976 3/26/76 4/9/76 ; - - 4/13/76 VJS9~56 L 8962 It 35/ /. i 3779 L ; 2024 i 3359 I 2024 I ~- I 3359 13459,3510 I I , i : L- ! 3 ! six i I l to cann.ct su/)sfoflon (Amendsqront 01 ; I I ! I I : I 1/?/4~ S8-. qront af.J;2V7I) ! I 2024 121N ix\ !HU""BLE PIPE LINE CO. [-R/lt' for lO"octltylt!~ plptllinll 12/1//71 8360/236 l : I I , IHOUSTON LIGHTING 8 POWER CO l- Rrlltlos.s 15o'R/W gronltld 1/7/49 1~/71 :8411/84 IHUMBLE PIPE LINE Co. l-R/W lor 2-1J"plp.lin., !5/~71 i T727/47 DUPONT RECREATION ASSOCIATION HUMBLE PIPE LINE CO, HUMBLE OIL ScADRIFT PIPELINE CO, CHAVNE"l. NAVIGATION OISTRICT HUJr"aJ..E OIL 8 REFINING CO HOUSTON LIGHTING 8 POWER CO, TEXAS 8 NEW ORLEANS RAILROAO I CO, ~- ICORP OF ENGINEERS 8 HOUSTON SHIP CHANNEL NAVIGATION olsr HAP"IS COUNTY HOUSTON SHIP- 6"~1/4~ TO:J4,/llf 70:J4/IO 7T08/:.'C2 'AKi L 34598 I 34~4 t= I 2024 3530 21Ml 2024 3:0 IX - I. i.i!024~ 12 IA IX I I I 2024,3::.5912 ! 8 IX 2024 I i- t.2024,3~3() 12 3359 2024 2024,33591 2024 13 2024 'J FROM SERVICE PIPELINE Co. /~s TON P~ )LINE CO 8 REFINING Co. -RI9"" lor cat/Jcdlc li.1d prof"clion 5)'$"'''' ( r.locott1<1I/14/66) -R/W tor fran.mlsslOlf 1m. - 40' IIld. R/W for rOllway(Am.nd.d-See qrontof 12/5/77) - P.,.,."d to drt"dg~ Cl'1o"n.1 8 dolphIns, 99 )'t1(JI' I.as. of 8 build w/)erf 11/27/33 7/1~ 1/5/50 12'>f7/7'2 '/.JtmJfI5 127 7' ~ 1/52 j 7"06/662 r;;~, I.l;~",,"":l:~ I ,; ~4 2024 PHOP M), - 2024 2024 31YYIX 21OQ1 2 3 - All qas, oil mmeral rtql?fs -Releases [rant of 9/2S42 a 10/6/42 lor (] 30' WIde nqllf of way -Leose to 0 fIsh pond wlthm :;pprcxlmotelylOA -Numerous R/WIS extend/nq from P-2024 -Excepted fee areas - C eme.#ory 7/26/28 e)(C~lJf lor 16 .,d" 11l~ stnp - Oil, 90S 8 min.rol r /ghts , -RtllocatltS cathodiC profll'Clion orllo(~s "ront of 7/21/52) , - Adds 2 undtlrground co!J/.s 8 IlnlargtJs ( A mtlnds grant 4/ 3~/50 ...... :J1..,1X 14 I~ RRI6 -4-- RRI7 NOL rEX L.L. c. UNION CARBIDE INDUSTRIAL GASES INC. UNITED TEXAS TRANSMISSION COMPANY 2 2 2 2 2 31SIX I I . 2 !O ixl IHOUSTON PIPE -+-----; I 'I L- ' , -+-----; - LI !GULF OIL IXI ~8LE PIP tNE CO I1A'RRI S coulVrr m.f.ril'ltJ arll<J b 20 'K 30 of 3/3/64) - Pt!/(1(JStfS qrant 01 JI/1id~ R/W. except 12/29/57 12/2" 1/2/21/67 I 7034/10 1/1</661 2/8/6.5 4/23/54 2807/6.54 ! . t.A I X x x X I FROM He caCKBURN \ ~ P/pfJ br/4 M~Nr/ng>pUf'llpS AccfJ$!1 '10 ,",,!~rIng P AcCtJI!1 for tk-mInrallzaffDn 8 flHln1I1zafI(1fI ~ O~-mIntirfJI/z,rrHcn IanIt N~lJtralIMH()j' 1t1nk!1 -Appurtenant right dt!Jscrlpt/on: "1" Sfreet -- - "16""" S~t '76"'" S~t ';4" S~t 78"'" S~t 78TH- SlrHf 78TH- SlrHt 78TH- SlrHf '"e" SfrtNJf ,,/7TH". St/'fJet ':4" -Easem~nt .for met~~r s/f~ -Easement for 8"l1.ydrog~" lIne sta!lon -GROUND LEASE (/4,701 A.C.) TRANSMISSION COMPANY -1/12TH non-participating royalty ,,,terest In 011. gas and other mlnt!rals - Terms. cond/Hons and sHpult:/t/en -Eesel17t!nl for 6" und~rground pl';Jt!llne for nctural1 5/29/9. gqS -Eas~ment for heat~,. slttJ 3 3 3 2 3 N P I.. IX -L MiX L RG-28Z,~64 lW_~71 7034/23 ~~9 IJ 2024 .2: D I ----r--;--+ 2024 I 2 '(.JU 1_ 13 I~ 3359 8 ! 2 ~ 2024 i HUM,'3LE PIPE LINE Co. ~CONSTRUCTlON FINANCE C(;)9P RECONSTRf..,CTlON FINANCE CORP ~ EASEMENTS 8 A 'MENTS GRANTED L lESCH/PTlON 1- R/W,. ~ic!1 wtI/'fJ gront-c or rtfsH"Wd by - - "'$ artl (J~ follows qas and vclve 8/14/92 8/12/94 117/57/1939 H-858078 H-862145 M-130862 T -r I r .,.. I T R T UIX ---T-- ~ SiX WIX 5/3/66 7078 " -GC9J!nd Leose (9.99~AcresJ -AcCl"SS D:sement -Aerial Easemenl --Loydown A,....ea RR/8 RRI9 RR20 RR2/1 RR221 RR 2.3't !!!!...5i. ~ ~ fa/? 27[ fa/? 28: fa/? 29 RR3Jd RR3/' ~ ~321 m;; ..ul ~341 RR~ I .J6 55 X X X' HOUSTONJ-::.lGHTlNG 8 POWER CO. PRAXAIR,INC. NOL rEX 1...1.. e. - 1/48 8 1/96 royalty to oil. otn.r milftlrtln, - ~0t.I~ pl/>#ll". 8 po",.rlin~ sulphur C'f7(/ J !)~ TE OF MAPS I#IT/'f CI./PIUIVT INFORMATION EXHIBIT X x x X X 10 .'f/rtNnt1In - Release 01 R/W for transmIssion Iln~ -Eosement for 0 10"plpellne and two S pipelines for tronsportvtlon 01 hydrogen 'I rlghL~..!crlpHcn.~ ~c): no. I ( dr/vt1WtJy tJnlranctf L Way no, 2 ( WOMr lIne service) R/W sot 1/7/49 8/1.5/45 8/7'/46 lXTE - 3~ 'B x Way no, .3' ( wot~,. Iln~ s~rYlc~ ) Way no. 4 l drrt"" I Way no, 5 ( tJ/~ctdcol s~rYlcll ) 8-11-95 1936/~ 1381/13 1!507/437 .~ m~ J~I8/:!64 I X XIFROM OECKER MCKIM,TRUSTEE X X X X )( HUMBLE. PIPE LINE CO X I~M TEXAS COMMERCE NATIONAl.. LINE CO PROP. NO. GRANTED Drlvt1wtJy "0" InJ~ct/e" "II (]f't1(1 Lay down (]f't1C AcctJS!1 !e sub!11t1!/on M, 5 EY" for f1or~ Acc,ss:!Jlht to e~ for f1a~ 10 ,. (Jcetyl~ne pi!!" lIne right ~ hydrog~n p/ptIllne _ A cctJss to sulfuric acid anJ(J - -~---- ,_!'../ptI !Jrld~ no. 2 Access to f/rll hydrrrnt 1"llIdlen wll IJ/ptIllntl ro EASEMENTS 8 AGREEMENTS DESCRIPTION COMMISSIONERS COURT OF HARRIS COUNT.,.. HARRIS COUNTY SHIP CHANNEl.. NAVIGA TlON DISTRICT HARRIS COUNT'!' $}{IP CHANNEL NAVIGA nON DISTRICT CORP OF ENGINEERS ; HUM81. E PIPE LINE CO HUMBLE PI~ LINE CO HOIISTON LIGHTING 8 powER CO ---.----.-...-----..-- HUMBLE OIL a REFINING CD HUM&" E PIPE LINE CO 'N CAR81 rORP CORP 10 Son Jacinto Bay, - R/W s wnich W'l!!r~ <;ronted or reserl'ed by o'f1tJrs a"", os lollotlls I . -- - 1- R/ W lor 6 gos IlntI 828'" 75' """"t!Jong ,..---- I statIon, I -,-------,-------,--- I-P~/or _'1{"~t/))'I(JIntI pl".ll"" S,.,.",tlJong ; arffO 1 : - E,t"ncs 80 'R/W In gront of ~/12/6I) 1_ R/W lor 4 "t>v Iy I olc/)Ol 1m" I 1- R/W lor 10" 0 ptPt1ll~ 810'x30'melfJr I i "'g ar.o r - ~/eost!Js <;n'YTf to RFC 8/15/45 I ! - R/'Ws """"/'C!1 w~r" qrontfJd or res~rved by I I OINH's Of?! os 101 lows: 1- 3459 - 5 'lor wl(/t'''''/1(} Strong Road I ! -3510-5' lor wldf!!'f'1lflif} Sfranq Rood -3580-25'101' wldtffW19 Sfranq ROOd -3581-5110r widt!nJnt; Strol1q Rood -30 10CC.SS rood fo "ous. a 10'oCctfSS rood I .... I .... I -.... ~ I -- I I .. --0 0/~217/~8 11'27'7/~4.J I .. I I Sullurlc acId area Sanitary s~wer DroIn<1gt1 "west" ditch OA TE I?E'CCR:XJVJ ZJ:) 1 1 J HA 1 .} RR/S COUNTY, TEXA.S MAP 2988 PROPERTY I~AP LA PORTE PLANT fro MAY31, /978 2(Z) 4(J') '--.----,.,..~.;:'''......:;c~>:~~~_ -RtI/#csn 100 .,CtI roilroad R./'1Y -- rtICordflld 12~9/43 -?eleoses grcnfs of 6/13/29, rtl'Cord<<l U~/ 7/0 8 9/29/42.r.con:ltld 1256/181. j - P"rml! lor dlktl In Son JOClnto 8ey 1- R/W lor 4"CO-I;n. l-~ds qront 01 12/27/48 : -R/)f( 250' lor transmiSSion II~S 8 R/W - E.xt~""on 01 I-50' 8 rtoltHJSlls old grants, - R./~as"$ grant of 2/24/26 lor H-Itn. 10 cross 2 roods Rood 8 Milltlr Rood AN"", t - Pflr mil to cross S.,,'$ 1111" H-l1n#$ 4/1/74 VO'/;!'y()g?2 ~/77: , I I I : 5/2/72 V.55/37/1'J635 I I 110/11/73 j ~I I I i i i 8//3/?1 .. I , 8/4/69 ! I 19/22/59< ilZ0/69 7871/~ i2~/n) 7929/495 I 1//29/7/ 8437/88 7129/223 VQ/I9/71 12/22/72 !4/12/72 7/3Q/TI ,8570/395 .. j 2024 2024 : 3856 I 1_ 1 I I : I 1_ , , I I - ; 1 L 2024, I 31~x ! 3856 2 VUI I , ~ , ! . I . xi WINNIE PIPELINE COMPANY SEADRIFT PIPELINE CORPORA TION UNION CARBIDE INDUSTRIAL GASES INe. -AtntJntlmtJnt to R.O. ~.. doted 12-2-60 to permit ftr:rnsl"rletlofl of hydrogen only -Easement NQI- 12'iJnrmrground p/ptJllnt! butan~. Isobutane fJnd ethylen~ -EcstJmtln! NO.2 - volvt1 slttl -Eq!f~mtJnt NO. 3 - tJ/~ctrlc Iln~ 4/3/90 8/24/89 5/5/89 T-70038 I 149/76/315 149/76/305 i ~ ~l !