HomeMy WebLinkAbout2000-IDA-32
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John Jo...ns
Assistant City Manager
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NO. 2000-IDA-____ {
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STATE OF TEXAS {
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, 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
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I.
City covenants, agrees and guarantees that 'during the term of this
'Agreement, provided below,. and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed,pursuant
to the terms of this Agreement. Subject to the 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.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or 'before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property 'Tax Code, through and including April 15, 2007,
Company Shall provide city with a written description, of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion ~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
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. each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2.
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
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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,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of 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
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the'result of other final conclusion
of the controversy,'then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder'
based on such final valuation, 'together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be ,given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
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
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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,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph,_ section, article'
or other part of ,the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be' 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
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POWER OF ATrORNEY :
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KNOW ALL BY THESE PRESENTS: '
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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:
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Assistant Secretary
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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"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.)
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"EXB;tBI'1',C"
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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.
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b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8',high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms, and landscaping will be
maintained by the property owners.
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"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 '
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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
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, 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
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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
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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
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.
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
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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
.
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall' continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by city, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that city shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore,' the parties agree that the appraisal of the 'Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at city's expense, by an independent
appraiser of 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
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;:
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or 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
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction 'had been within the corporate limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to 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
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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
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e
"EXHIBIT A"
(Metes and Bounds Description of Land)
:.=4
~
\ '
\
\
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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
~ ....:
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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
,
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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
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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~
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"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.)
..~
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"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 .:; "~," ".'
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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
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ESTATE MAP. 2988
LArtsT JEV. iSlE. SHEET
3870
3856
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21 [IX
3 VJ!X
-i
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- R/,.,s IIlnch wtlr(J gront(Hj or resl!YYflJd by
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- Dralna9" eosemenl 10 Horns County
- Houston Nolun~ Gas R/W
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2
3
10/3/74
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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
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8/14/8~ r'
--- -- 68.1149
0.155
". Sf.!t!J note
51-146 80/~$8:.
I
3359
2024
2024
2
I
2
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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
-
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x GI...IU:'!'S LC1.J1 SE RA/Vc..:LL
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X ).x;wAI..O C CAL80sc::J 8 NIFE - ~ no,~ b!'bw
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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
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-AJrly tIIall on ~osf 20
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~
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
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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.
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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
- -
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8/14/92
8/12/94
117/57/1939
H-858078
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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(/
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!)~ TE OF MAPS I#IT/'f CI./PIUIVT INFORMATION
EXHIBIT
X
x
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X
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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
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8-11-95
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1381/13
1!507/437
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XIFROM OECKER MCKIM,TRUSTEE
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HUMBLE. PIPE LINE CO
X I~M TEXAS COMMERCE NATIONAl..
LINE CO
PROP.
NO.
GRANTED
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InJ~ct/e" "II (]f't1(1
Lay down (]f't1C
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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'!' $}{IP CHANNEL
NAVIGA nON DISTRICT
CORP OF ENGINEERS
; HUM81. E PIPE LINE CO
HUMBLE PI~ LINE CO
HOIISTON LIGHTING 8 powER CO
---.----.-...-----..--
HUMBLE OIL a REFINING CD
HUM&" E PIPE LINE CO
'N CAR81 rORP
CORP
10 Son Jacinto Bay,
- R/W s wnich W'l!!r~ <;ronted or reserl'ed by
o'f1tJrs a"", os lollotlls
I
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1- R/ W lor 6 gos IlntI 828'" 75' """"t!Jong
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I
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I
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1- 3459 - 5 'lor wl(/t'''''/1(} Strong Road
I
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RR/S COUNTY, TEXA.S
MAP 2988
PROPERTY I~AP
LA PORTE PLANT
fro
MAY31, /978
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rtoltHJSlls old grants,
- R./~as"$ grant of 2/24/26
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Rood 8 Milltlr Rood
AN"", t
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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
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149/76/315
149/76/305
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