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HomeMy WebLinkAbout2000-IDA-40 . . ORDINANeE NO. 2000-IDA-40 AN ORDINANeE AU~HORIZING THE EXEeUTION BY THE eITY OF LA PORTE OF AN INDUSTRIAL DISTRIeT AGREEMENT WITH BP AMoeo eHEMIeAL eOMPANY, FOR THE TERM eOMMENeING JANUARY 1, 2001, AND ENDING DEeEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJEeT; FINDING eOMPLIANeE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEeTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. BP AMOCO CHEMICAL COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient.to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this 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 23rd day of October, 2000. CITY OF LA PORTE By: Ii:~ Mayor ATTEST: LJ1J{jj liirv (j ./1$1/ ar ha A. Gillett City Secretary 2 " . ... -,. e . ."of- NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRIeT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corBorajfon of Harris C~unty, Texas, hereinafter called "CITY", and .. _P !\AD (lD C!.h.~M'leA.1 [O~~nLi , a ~4Wa.V"f) corporation, hereinaf erJ called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such pOlicy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land wi thin 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 Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City"'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 '. ..' e . 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 . . 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 similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III ( sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 0.' 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 ci ty on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the 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. wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter unti I 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 un annexed 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 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 faith negotiations in an attempt to reach an agreement as to the market value of company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submi t the dispute to final arbi tration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the 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 lied" 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 opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbi tration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon Ci ty and Company, and upon Company · s successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If city enters into an Agreement with any other. landowner with respect to an industrial district or enters into. a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is. in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agre~ment 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 . ." . . 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. By: BP Amoco Chemical Company (COMPANY) 11/~ ~ ~ Name: William T. Haschke Title: Sr. Tax Representative Address: P.o. Box 568 TP.XM~ r.i+y, Tx 77~q?-0568 q;r: . 'a1t/!1L .IIP/ff City Secretary By: ~y OF LA PORTE ~At7ll1~~ rman L. Malone Mayor AP~ ;d ~r " Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: G.~ T. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471";'2047 8 . e "EXHIBIT A" (Metes and Bounds Description of Land) "t. . . . - EXHIBIT "A" _ e Quantum Chemtcal Corporation 0.1600 ACMls STATE OF TEXAS: COUNTY OF HARRIS. FIELDNOTE DESCRIPTION of a tract of pafcel of land containing 0.1600 acres in the W.~. Harris Survl1. Abstract No. 29 tn Harris County. Texas. hid 0.1&00 Icr. trlct 11 a part at & 284.4752 acr' tract dasC:l'tbld 11l& deed ta Nlttonal Dfstn lers and Chemical.Corporation. r.corded 1n Ft.l' No. C-632918, FtlmCode No. Q86--40-1217 of thlHarr11 County Offlctal Public Records of Rell - Proparty. lead il mol'. pIl'ticu1arb described bYlll8tal Ind lIounds I. f0110WII . TRACT 111- e . w. ~. Harr'. IUrv.~. A-'~ . , .. ,~ ~ CDMMEHCING'U a Z..1nch tran pip. found at 'hi potnt of tnter'lctian ot the South line of W.d. Harril Survey. Abstract No. 21 (1111I batng the Harth. line of the Enoch Brinson Survl1. Abstrlct No. & and the A.D. Blackwell Subdivision as recorded in Volu" 13. Pagl 343 01 the Ha~r1s County. Deed Records) "'1 th the Eut 11 n. of Ht 11lr Cut-off Road (bllld tin I width af '1i0 feet) l THENCE. Horth 020 S8' 5911 Wilt. .'ong ~b. EIS~ l1nl of Miner cut-of;' road, a distance of 5Q1.26 ,..t ~o . pa1nU .;' THENCE. North 810 01' 01- easi. a dhtance Of 231.51 flit to I SIt 5/8- inch iran rod tar the HorthwlS~ carner 01 thU tract and the paint of beginning of the herltn described trl'~ 1; THENCE. Horth 87007' 24" Eut.. distance 0'76.29 fe.t to I Sit 5/8..inch 1 ron rod far the .Northeas t carner o.t th btract ; THENCE. South 030 15' 00- East. along I fenel .'ignMent a distance of 93.03 feet to I lit 5/B-inch iron rod on the Nartb adg. af a pned road for the SOutheast corner of this tract. - THENCE. South 87006' 24" West &long thl Honh edge of said paved raid I distance af 53.70 flit to 1 lit S/8-inch iran rod far a corner of thi.s tract. . . THENCE, North 630 06' 03" West. 'continuing 110ng the North .dge of Slid paved road a distance of 25.83 flit to I Sit 5/S-lnch Iran rod.fol' the point or CUrVI~ur. of . curve to t~. l'tti THENCE. continuing along the NorClledge 01 said paved road and along Slid CurvI.ta the 1 af~ hi vi n9 a cantr.'lng 1 e .of 000 45' 56.". I rad f us 01 77 . 08 'eet. an arc distance of 1.05 feetlnd & chord which bears North saG 11120. \lest. i '. distancl at 1.05 feet to I lit SIB-inCh Iron rOel for the Southwest carner of this trlcti . . . THENCE, Horth 020 52' 36- West. leaving tbe North ed'ge of said paved road I distance of 79.48 feet to the POINT OF BEGINNING And CONTAINING within these metes And bounds 0.1600 (6.971 .quare feet) Icres Of 'and. July 11. 1990 Page 1 of 7 .e e QuantuD Chemica' Corporation 2.0864 Acres STAlE OF TEXAS: CQUNTl OF HARRIS: fl!LDHOTE OESCRIPT1QN of a tr.c~ or parcel 01 land contlining 2.0814 acres in the N.J. Harris Survey, Abstract Ha. 19 in Harrts County. TexIs. Slid 2.0864,lcrl tract is a part at 1284.47&2 acre trlc~ d..crtbed tn'a deed to Natianal Dlstiners and Chemical Corporatton. recorded in ,1\.. no. C-632918, . FI1I1 Cadi No. 086-40-1217 of the Harrts Coun~)" Official Public Rlcards of Real Property, Ind 11 1I0ra part1c\llarlyducribed B)"lIIItl' and bounds.. follows; TRACT · 211 w. ~. Harr,1 ~urv.J. ft-,~ .----: '-z,1 ~ COMMENCING at I Z-inch 1ron pipe found It thl point Of tat'lrslc't1on.of the South 11n. at the W..3. Harris Survey, Abstract Ho. 29 (sUII betng the North line of thl Enoch Brinson Survey, Abstract No.5 Ind tbe A.O. Ilackwel' Subdivision as recorded in Volume 83. Plgl 343 of the Harris County Deed Retords) wi th the Ean 11 n. of Miller 'Cu\..off Road (based all a wi dth of 6Q teeth '.' .. THENCE. Harth oao 5S' 5911 YIst, Ilona the Eut l1n. at HUler Cut-oit Road I d1stancI of 193.95 f.lt to I paint. . THENCE. north 87001' 01- Eut, I distance of 97.87 feet. to I sat 5/8..tnch tron rod far the S~uthwest corner.of th1s trl.ct and thl point of blginn;ng of . the heretn descrlbed Tract 2~ . THENCE, North 020 59' 18. Yast. &long the west edgl af a wallaHgriment i distance ot 232.60 flit to I set 5/8-tnch t ron rod on the South Id;. of I paved road tar the Northwest corner 01 this tracta THENCE. Horth 870 00' 421 East, &lang the South edge of sa.1 d paved raid a distance of 83.52 faet too a set 15/8-fncn iron rod for the point of curvature. of I curvI to thl right; THENCE. .10ng thl South lege 01 Slid paved road and along said curvl to the ri gh~ hi vi ng a centra lingle of 530 41' lDII. I rid 1 us ot 50. 51 feat, an arc distanc. of 47.48 flet. and I chard ~hich bears South 730 451 111 East, a distance of 45.75 flet to.1 sU 5/8-tnch 1 ran rod fat' a c:orner of thts tract; . . THENCE, South 530 41' 371 East. continuing along the South edge of said paved road I distance of 34.23 feet to a set SIB-inch iron rad far a carner of this trnt~ . . TIiEHCE, Harth 87Q 01' ~ .24" East. cont1nu1ng along the South edge of said paved raid .,1gnllllnt a distance of 286.86 faet. to I sat 5/8-inCl'l1ron rad Sit for t.he Horthaast carner of thiS tract' lHEHCE. South 020 591 is". East. along the Clnta.r 11ne of two 2.50 felt diameter concrete column base .lignment a distance of 195.26 feet to I set S/S-inch iron rod an the North edge ot I paved road for the. Southeast carnlr of this tracti . Page 2 of 7 -.. .e . It ~/~ THENCE. Sautll870 OQ' 42- West. .'ong the Harth .d~e 0' uid paved road a distance af 440.0& teet to the POINT OF 8EGINNING and CONTAINING w1t~;n thesl mites and boundS 2.0864 (90.884 Iquiri f..t) acres af land. .July 11. 1910 '"1.. o. '. .. .- , . .Page J of 1 ". " . . Quantum Chemtcll Corpor.";n 0.034& Acrts STATE OF TEXAS: COUNTY. OF HARRISi FIELDNOTE DESCRIPTION of I tract or plr~ll of llnd containing 0.0345 acres in the W.~. Harris Survey, Abstract HG. ZI 1n Harris County. TexIs. Sa1 d O.03451crl trlct t s . part of 1214.47&2 acre tract dascribed 1n I dud to - Nationa' Dlst111er,lnd Chlmicll Corporation. recorded 1n f118 No. C-632918, film Cadi No. 086-40-1217 ot the Harrfs Coun'Y Official Records of Rial Property. and tllDarl p.rti cularlY desert bllG b1ml~" and bound~ II followSl .. TRACT It 311 .. '"~ narrl. taw"e"'..... ~ COMMENCING at I Z-1nch fron pip. found It thl paint of tntersectton ot the South 1 tn. of the W.~. Hirris Survl1. Abs'&rlct No. 29 (lima bltng thl Notth .1 tnl of Enocb Brinson Survey, Abstract NO. 5 and the A.D. Blackwell Subdivision al recorded in Volume 83, 'lgI 343 of thl Harris County. Deld RecardS) with tho East 11ne of M111.r Cut-off Road (based .on I width of eo, feet) ; - . THENCE. North 020. 581 59- West, &long tha East Hna of Ml1l1.. CU't"off Road a distanc, of 228.79 flet to . paint. . THENCE. North 870 01' 0111 East, a distance of 634.9B f.lt to. set 5/8- 1nch 1rCln rad for the Southwlst corner at this tract iLnd the paint af beginning of the har,tn dls,rtbed Trlct 31 ' . THENCE. North 030 13' 18. Wast. .'ong the WU~ edge af & 13' xU' concrlte slab aUgnment I distance of 43.56 f..t to I le~ 5/S-inc:h Iron rod for thl Northwest corner of this tracti THENCE, North 860 46' 4211 Eut, 110ng the North edge of said 13'x13' concrata sllb altgnment I distanc. at 34.53 feet to I Sit SiS-tnch iron rod for thl Northeast corner of thts trlcti . ' THENCE. South 030 13'lS- Eut,"along the lISt edga of I 7'x7' c:onc;rlte slab altgnn:ent iL d1stance of 43.56 tut to a set S/B..tnch fron rod for thl Southelst corner of th11 ~r&ct; THENCE. South 860 461 42" Wlst, along thi canter Une of a lSlxJS' concretl column basi and the cental" 11nl of a 2.Q' diameter concrlta column baSI alignment i distance of 34.53 '.et to the POINT OF BEGINNING and CONTAINING within thne mites and bounds 0.0345 (1,504 squire feet) acres of . land. '. JulY 11. 1990 Page 4 of 7 e . ~;, ~U4n~um ~nemlcaJ Gorporat10n 1.6083 Acres STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION af I tra~t or plre.! of land canta1n1ng 1.&083 acres 1n thl N.J. Hlrrfs Survey, Abstract No. 29 tn Hlrr1s Caunty, T.XiS, hid I.B083Icr. trlct: is I part at. 284.47&2 acr. trlctdlscrtbld fa I deed to National D1stt11ers Ind Chllllical Corporation, recordad in Fn. No. C.632918.,~ Film COde Ho. 088-40-1217 af tb, HarMS County atti~1&1 Public: Records of Rill. Property, and is 1I0re particularly described by..tes and bounds II fonaws: TRACT 11411 eOMMENCtHG at I Z-1nch iren pip. found It the point ot tntarsectioft of the South l1na at thl W.d. Harris Survey. Abltract Ho. 21 (sam. bltng th, Hor.tb l1nl ot the Enoch Srfnson Survey, Abstract No. 5 Ind the A.O. Blackw.ll Subdivision II recorded 1n Volume 83, 'mge 343 of tb. Harris County D.ld Records) wt th the East line ot Ht 11.r Cut-oft Raid (basad on wtdth of 60 feet); . . . , - THENCE, Harth 020 58' 5S" V.st. Ilong till IAn I1na of ,.,tller Cut-aft .: Raad I distanctaf 194.01 feeC to I potnt; . . - . THENCE. North 87Q 01' 01- tilt, I distilnce of 753.90 feet to a sat 5/8- inch iron rad for the poine of beginning af the herein described Trlct 4i THENCE. Harth 410 59' 18u Wlat. along thl centlr line af . 1.5'xl.S' concrete column baSI I distance ot 44.89 feet ~o . set 5/8-lnch iron rod for I Corner at thts tracti N. ~. Hlrr's ~urYey, A.~~ . THENCE. North 020 51' lOll Wnt. I distance at 82.90 teet to i SIC 5/8-tnch iron rod for the Northwest cornor of this tract; _' THENCE, North 8&0 46' 10u' East. 110ng the bottom of Dyke lltgnment a dl stance of 484.63 tilt to I set S/8-inch 1 ran rod for a cornar of this tract; THENCE. North 000 38' 5&" West, along thl botton of Dyk. I distance of 90.32 feet to a Sit 5/8-1nch iron rod on Una Nortb=-400 at thl Quantum' Plant. Coordinatl S1stt. tar I carnlr 01 this tract; THENCE, Narth"S70 011 2911 Ellt. along thl Horth-400 line ot said Quantum Plant Coordinate System a distancI at 88.46 flit to I SIt 5/8-tnch tron rod tar the Northeast corner at this tracts . THEnCE. South 020 581 1811 Ealt, along the back of curb and edge ot Ccncnta allgnmlnt a distance of 205.00 feat to a set S/8-tnch iran rod for the Southeast corner of tMs trlctl . . THEnCE. South 860 36' ~21' West. along the North edge of a paved road I distance 01 277 ,28 feet to a set 5/8-tnct'l1ran rad.for a Carner of this tractl THEUCE, South 87 0 QO' 4211 West. 11ang the North edq8 of said paved road a distance of 247.a9 feet to the POINT OF BEGHUU:IG and COtlTAUUNG wtthtn these ~ metes and bounds 1.&083 (70.~S6 square feet) acres of land.' July 11. 1990 Page 5 of 7 . . . . . ...cLlaa Acres ,.. .. ..... ... "'11'1..1' ,,-c.:. Enocft Brinsan Survey, A-5 ~ -~/P STATE OF TEXAS: COUNTY OF HARRIS: FIELDllOTE DESCRIPTION at tract or parcel at 'Ind containing 4.2088 acres fn the W.J,'Harris Survey, Abstrlct No. 29 and the Enoch Brinson Survey, Abstract fta. 5 '" Harris Coun~. TexIS. Safd 4.2088 Icr. tract i. I pirt af I" 284.4752 acre tract described In a diad to HI1:10nl1 D'Int11erllnd Chemical' . Ccrporlt1on, rlcarded fn Fill Na. C-632918. Fl1m Cadi No.085-4O..1217 at the Harrfs Caunt,y 0'f1C1lJ PUbl1c Records at R.a' Prapert)'. Ind 1. lIara particularly described b1 IICIS and bounds IS fallow,; TRACT -5- COMMENCING It I 2-1ncl\ fran pfpe found It till point of intersection'ot the So~th Un. of the W.J. Harrh Survey, AbltrlctHo. 29 (SIIIII b'fng thl North 11n8 of the Enoch Brinson Survey, Abstract Ho. 5 and thl A.D. Blackwell Subdivision IS rlcard.d in Volum. 83. Pagl 343 at thl Harris County Deed Records) with the East 1 tne of Htller Cldt,,01f Road (basld Oft I width Of 60 feeth. .; . THENCE, North 020 58' 59" Vest, along the East 11n. of Miller CUt-off Road I distanca 0' 172.92 feet to I paintl THENCE. North 870 01101- East. a distanc. at 743.20 feet to I set 5/8- inch tron rod for thl point af beginning of the herein described Tract 5. THENCE, Hartb 87000' 42" East. 110ng the South Idge of I paved road & dfstan'ce of 535.86 feat to a set S/8-inch froft rod ror. the Northeast carner at thts tract; THENCE, South 020 58' lay East, along the back of curb and edge of concreh alignment a distance of 329.99 feet to I set S/8-f'nch iron rod far the Southeast corner of this tra,t; . , THENCE. South '870 08' 50. West, parallel 22.QO telt Harth of thl Horth edge of a paved raid I distance of 557.71 feet to I sat S/8-inch 1ron red for the Sauthwes~ corner of this tract; THENCE. North' 020 51' "10- West. a long the East edge of. 411 guard post. d1 stance of 307.46 flit to I set as/8-inch 1 ran rod far a corner of thi s tract; THENCE, Horth 42000' 4211 Eau. Ilong the canter l1ne af I 2.0" dhmetar concrete column base I distance of 30.00 feet to the POln.f OF BEGINNING and CONTAINING within these mates ind bounds 4.2088 (183,334 squire feet) acres at land. '. July 11, 1990 . Pa~e 6 of 7 - --- .. ... e e Quantum (hemlc.1 Corporation 3.8907 Ac:res STATE OF TEXAS, COUNTY OF HARRIS. W. J. Harris Survey, A-29 Enoch Brinson SurVey. A-S /16 "J; I 9'1' FIElDNOTE DESCRIPTION Of I tr.c~ or parcel of land contafning 3.8907 ..~ acres in the W.d. Harrh SurvlY, Aburlc't lCa. 29 and tbl Enoch Brinson Surv., Abstract Ho. 5 tn Harris County, TexIS. Said 3.8907 Ie... tract h I part Of I 284.4752 Icr. tract described In I dUel to Nlttonal Dfstn1erl and Chemical Corporation. recorded in '(11 No. C-632918, Film Codl No. 086-40-1217 of the Harris County Off1~1al Public Records at Real Property. and 11 marl part1cular11 described by metal and bounds as fOllows. TRACT 'Ia. .. . . , . COMMENCING at a I-inch 1ron pipa found It till point af tntersact10n of the South l1na of thl W.J Harrh SurV11, Abstract No. 29 (sml being the Nart". ling 01 thl Enoch Brinson Survey. Abltract Ho. 5 and thi A.D. Blackwell SUbdivision as recorded in Volume 83. Plge 343 ot the Harris County Deed Recards) With the Elst line at Miller Cut-aff Raid (based on I width Of 60 fnt)~ THEUCE. Harth 020 581 5911 West, along the ElSt Un. ot Ht 11er Cut-Off Road a distance of 142.36 feet to I point. THENCE. Harth 870 011 Ql11 Eut.1 distance ot 97.88 feet to a Sit 5/8-1nch 1 rors rod for the Northwest carner at this tract and the point of begtnn1ng at the herein described Tr;;t 5. THE1ICE. Harth 870 00' 42" East I at stanc. of 532.00 feet to a set 5/8-1nch 1ran rod for I carner of this tract. THENCE. South 47059' 18" Eut,1 distance of 56.80 teet to a set 5/B"1nch iran rod far a carner of th1s tract. THENCE. South 030 13' lau East, a dhtancl of 257.90 feet to I setr 5/B- inch iran rod for the Sauthlia' carner of this tract. . THEIlCE. SQuth 870 OS' 50'1 West. a distance at 573.21 feet to I set 5/e- inch 1ron rod far'the Southwest carner of this tract; THENCE, Horth02o S9'18"West. a distance 012915.7Q feet to the POINT OF BEGINNING AND COlnAUU1IG within thulI metes and bounds 3.8907 (169.478 square feet) acres of land. July 11, 1990 Page 1 of 7 ,- .. .; . e "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.) ~"'.... f .....' ". I ". '. Microsoft TerraServer Image Pi e Page 1 of 1 MSN Home Hotmail Web Search Shop-p-ing.~on,ey- lJeople s.. Chat Contr msn.... IN "''OJ'" , ,.' I I ' 'it' :IW1It. ~:;, '\, > .~ . '" ,- ~ ~: "~ ~,~, .> ,"',', COlt Find t > TerraServer 1m Reference Homework Teachers Colleae News Funl Encarta Learning Zone ~~!2aserve!$}~ Locator -/1 . i: 11 Size g [!1] III Style Scale 2m USGS Top-o Map- 01 Jul1990 SPIN-2 Satellite Image 11 Jun 1988 * Bay town * Pasadena (Texas) msn~ Advanced Find About Famou " Houston, Texas, United, Stfltes 1,5 Jan 1995 ..... ~ lilt.. ~ ' 'ZQQyd . . Phcito;'c?~rte~y of the US Geological Survey. *Identifies premium content:available,to Encarta subscribers. Click her OrigMetaTag = '2909524NW' Center Lon,Lat= -95.06534,29,70786 Running Time 6 ms Time 5/18/ ; '",,~' \, ,70':40:45 AM '. - .'. -,; Other Links: Free Games White Palles Greetinll Cards .!SlY. Books Event Tickets More... " ~. .;.: .,,'. ,r..".' - ;-.,; ~ , , @2000 Microsoft Corporation. All rights reserved. Terms of Use :-t" ..' i~ - . ';,,: ! " Advertli9:i TRU~~~ Approved Privacy Statement ". .-" J. ' :~~ ~;~~'~:.~ ~ ;:'..~' . ..' http://terraserver.microsoft.c...Iimage.asp?S=11 & T~~ &X=~50&Y=8220&Z=15&W= 5/18/2000 -; .":';: ". '"\1 \, "l'" -,~; "~." _:-.. ... ~\ I ..:~::..' ...i . " : Page 1 of 1 p.... . 't Microsoft TerraServer Image pae ..: e ~ \ , Contr MSN Home Hotmail Web Search Shopping Money People'. Chat msn ~ -~1f{ " I '5. , i:') <<i COlt Encarta LearnIng Zon,e :. :. ; ..... . .-.. ....I ..~- '" . Reference' ~. Homework Teachers ~.C:OII~,~: \" . News Fun! , . ~ ;"'" . ,~;dr~,;.s...eAv e r ' Locator ~'. . J . I Size D~1I1 St:yle Scale 4m Zoom r:J a t.:~,...~ I [I[m~n~ USGS Toco Mac ... 01 Jul1990 SPIN-2 Satellite Image 11 Jun 1988 * Bay town * Pasadena (Texas) . . Nt msn. ...- Find I > TerraServer o' I III :,~ .:-::';', .... ;" '.Advanced Find Famou About .~ . ". ~'j '. ". Houston, Texas, United ~tates 15 Jan 1995 .... ~ Other Links: Free Games White Palles Greetinll Cards Buy Books Event Tickets More... @2000 Microsoft Corporation. All rights reserved. Terms of Use oJ.... .....101. http://terraserver.microsoft.c.. .Iimage.asp?S=12& T~~ ~X=3.t5& Y=411 0&Z=15&W= 5/18/2000 . ~:::.~!~~:.; ~ ,::\i. . .- e e "EXHIBIT e" Page 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. . e~ e e "EXHIBIT 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 with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with Ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the city's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and city. .', bp e e .,. .\If.''', -..,~ ~..-- ~.- ~.-- ..~ ~. "i'VI\' ". William T, Haschke Senior Tax Representative Property Tax BP Corporation P.O. Box 568 Texas City, TX 77591-0568 2401 5th Avenue S. Texas City, TX 77590 Tel: (409) 942-4577 Fax: (409) 942-4796 Email: haschkwt@bp.com October 9,2000 Robert Herrera, City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 RE: Your offices request for additional data In September a lady from your office called and requested a survey of our PAD facility, which is within the Equistar plant. She also requested our State of incorporation. BP Amoco Chemical Company is incorporated in Delaware. I am attaching the metes and bounds survey description from our lease agreement, in answer to your request for survey information. If you have any more questions, please let me know. Yours Truly, 10~2~ William T. Haschke, CMI f5) ~ (r; IE ~ \VI re rm ml OCT 1 1 2000 lW CITY MANAGER'$ OFFICE Quantum CheDri ca.arporati on 0.1600 Acres . ~ J. Harris Survey, A-29 STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION of a tract of parcel of land containing 0.1600 acres in the W. J. Harris Survey, Abstract No. 29 in Harris County, Texas. Said 0.1600 acre tract is a part of a 284.4752 acre tract described in a deed to National Distillers and Chemical Corporation, recorded in File No. C-632918, Fi 1 m Code No. 086-40-1217 of the Ham s County Off1 ci i 1 Pub 1 i c Records of Rea 1 Property, and is more particularly described by metes and bounds as follows: TRACT -1- COMMENCING at a 2-inch iron pipe found at the point of intersection .of the South line of W. J. Harris Survey, Abstract No. 29 (same being the North line of the Enoch Brinson Survey, Abstract No. 5 and the A. O. Blackwell Subdivision as recorded in Volume 83, Page 343 of the Harris County Deed Records) with the East line of Miller Cut-off Road (based on a width of 60 feet) i THENCE. North O~ 58' 59" West, along the East line of Miller Cut-off Road. a distance of 501.26 feet to a point. . THENCE, North 870 01' 01- East. a distance of 237.51 feet to a set 5/8- inch iron rod for the Northwest comer of this tract and the POINT OF BEGINNING of the herein described Tract 1; THENCE. North 870 07' 24M East. a distance of76.29 feet to a set S/B-in'ch iron rod for the Northeast comer of this tract; THENCE. South 030 IS' 00" East. along a fence alignment. a distance of 93.03 feet to a set'S/B-inch iron rod on the North edge of a paved road for the Southeast corner of this tract. THENCE, South 870 06' 24" West. along the North edge of said paved road, a distance of 53.70 feet to a set S/8-inch iron rod for a corner of this tract; THENCE. North 630 06' 03" West. conti nui ng along the North edge of said paved road, a distance of 25.83 feet to a set SIB-inch iron rod for the point of curvature of a curve to the left;. THENCE', continuing along the North edge of said paved road and along said curve to the left having a central angle of 00045' 56ft, a radius of 77.08 feet. an arc distance of 1.05 feet and a chord which bears North 500 II' 20" West, a distance"of 1.05 feet to a set S/8-inch iron rod for the Southwest corner of this tract; . , THENCE. North oZO 52' 36" West. leaving the North edge of said paved road, a distance of 79.48 feet to the POINT OF BEGINNING. CONTAINING within these. metes and bounds 0.1600 (6.971 square feet) acres of land. ~uan~um ~nemlcaJ ~orpora~lon 2.0B64 Acres e STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION of a tract or parcel of ~and containing'2.0B64 acres in the W. J. Harris Survey, Abstract No. 29 in Harris County, Texas. Sa i d 2.0864 acre tract is a part of a 284.4752 acre t.ract descri bed in a deed to National Distillers and Chemical Corporation, recorded in File No. C-632918, Fi 1m Code No. 086-40-1217 of the Harri s County Offi ci a 1 Pub 1 i c Records of Rea 1 Property, and is more particularly described by metes and bounds as follows; N. u. "arrlS ~urvey, ~-~= e TRACT IIZ" COMMENCING at a 2-inch iron pipe found at the point of intersection of the South line of the W. J. Harris Survey, Abstract No. 29 (same being the North line of the Enoch Brinson Survey, Abstract No.5 and the A. o. Blackwell Subdivision as recorded in Volume 83, Page 343 of the Harris County Deed Records) with the East line of Miller Cut-off Road (based on a width of 60 feet) ; THENCE, North 020 58' 59. West, along the East line of Miller Cut-off Road, a distance of 193.95 feet to a point; THENCE, North B70 aI,' 01" East, a distance of 97.87 feet to a set S/8-inch iron rod for the Southwest corner of this tract and the POINT OF BEGINNING of the herein described Tract 2; THENCE, North 02059' 18n West, along the West edge of a wall alignment, a distance of 232.60 feet to a set SIB-inch iron rod on the South edge of a paved road for the Northwest corner of this tract; THENCE, North 87000' 42" East, along the South edge of said paved road, a distance of B3.52 feet to a set SIB-inch iron rod for the point of curvature of a curve to the right; THENCE, along the South edge of said paved road and along said curve to the right having a central angle of 530 47' 10". a radfus of 50.57 feet, an arc distance of 47.48 feet and a chord which bears South 730 45' 11" East, a distance of 45.75 feet to a set SIB-inch iron rod for a corner of this tract; THENCE, South 530 41' 37" East, continuing along the South edge of said paved road, a distance of 34.23 feet'to a set 5/8-inch iron rod for a corner of this tr~ct; THENCE, North 870 07' 24" East, continuing along the South edge of said paved road alignment, a distance of 286.86 feet to a set SIB-inch iron rod for the Northeast corner of this tract; THENCE, South 020 59' 18" East, along the centerline of two 2.50-foot diameter concrete column base alignment, a distance of 195.26 feet to a set SIB-inch ir.on rod on the North edge of a paved road for the Southeast corner of this tract; Page;" of 1- THENCE. Sou~87o 00' 42- West. along the.HoJ.a edge of said paved road. a distance of 44O....feet to the POINT OF BEGINNI", CONTAINING within these metes and bounds 2.0864 (90.884 square feet) acres of land. ~ Page ! of 1. Quantum Chemi ca 1.. Corpora ti on 0.0345 Acres e STATE OF TEXAS: COUNTY OF HARRIS; FIELDNOTE DESCRIPTION of a tract or parcel of land containing 0.0345 acres in the W. J. Harris Survey. Abstract No. 29 in Harris County. Texas. Said 0.0345 acre tract is a part of a 284.4752 acre tract described in a deed to National Distillers and Chemical Corporation, recorded in File No. C-632918, . Film Code No. 086-40-1217 of the Harris County Official Records of Real Property. and 1s more particularly described by metes and bounds as follows: W. J. Harris Survey. A-Z9 e TRACT -3" COMMENCING at a 2-1nch 1ron pipe found at the point of intersection of the South line of the W. J. Harris Survey. Abstract No. 29 (same being the North line of Enoch Brinson Survey.. Abstract No.5 and the A. O. Blackwell Subdivision as recorded in Volume 83, Page 343 of the Harris County Deed Records) with the East line of Miller Cut-off Road (based on a width of 60 feet) ; THENCE, North 020 SS' 59" West, along the East line of Miller Cut-off Road, a distance of 228.79 feet to a p~int; THENCE, North s]O 01' 01" East, a d1 stance of 634.9B feet to a set 5/8- inch iran rod for the Southwest corner of this tract and the POINT OF BEGINNING .of the herei n descri bed Tract 3; THENCE, North 030 13' 18" West, along the West edge of a 13' X 13' concrete slab alignment, a distance of 43.56 feet to a set 5/B-inch iron rod for the Northwest corner of this tract; THENCE, North 860 46' 42" East, along the North edge of said 13' X 13' concrete slab alignment, a distance of 34.53 feet to a set SIB-inch iron rod for the Northeast corner of this tract; THENCE, South 030 13' 18" East, along the East e~ge of a 7' X 7' concrete slab alignment, a distance of 43.56 feet to a set 5/B-inch iron rod for the Southeast corner of this tract; THENCE, South 860 46' 42" West, along the centerline of a IS' X IS' concrete column base and the centerline of a 2.D-foot diameter concrete column base alignment, a distance of 34.53 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 0.0345 (1,504 square feet) acres of land. . o. Page 1.. of ~ Quan1:UDI Chem1 ca J corpora1:10n 1.6083 Acres ~ STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION of a tract or parcel of land containing 1.6083 acres 1n the W. J. Harris Survey, Abstract Ho. 29 in Harris County, Texas. Said 1.6083 acre tract is a part of a 284.4752 acre tract described in a deed to National Distillers and Chemical Corporation. recorded in File No. C-632918, Ff 1 m Code No. 086-40-1217 of the Ham s County Offi ci a 1 Pub 1 i c Records of Rea 1 Property, and is more particularly described by metes and bounds as follows: .. u. "arrl~ ~UI W~~, n-__ e TRACT -4- COMMENCING at a 2-1nch iron pipe found at the point of intersection of the South line of the W. J. Harris Survey, Abstract No. 29 (same being the North line of the Enoch Brinson Survey, Abstract No.5 and the A. O. Blackwell Subdivision as recorded in Volume 83. Page 343 of the Harris County Deed Records) wi th the East li ne of Mi 11 er Cut-off Raad (based on wi dth of 60 feet) i THENCE. North at>> 58' 59" West. along the East line of Miller Cut-off Road, a distance of 194.01 feet to a paint; THENCE. North 870 01' 01. East. a d1 stance of 753.90 feet to a set 5/8- inch iron rod far the POINT OF BEGINNI~G of the herei n descri bed Tract 4 i THENCE, North 470 59' IS" West. ilong the centerline of a 1.5' X 1.5' concrete column base, a distance of 44.89 feet to a set 5/8-inch iron rod for a carner of this tract; THENCE, North 02051' 10. West. a distance of 82.90 feet to a set S/8-inch iron rod for the Northwest carner of this tract; THENCE, North 860 46' 10" East, along the bottom of a dike alignment. a distance of 484.63' feet to a set 5/8-inch iron rod for a carner of this tract; THENCE. North 000 38. 56" West. along the botton of a dike. a distance of 90.32 feet to a set SIB-inch fron rod on l1ne Horth-400 of the Quantum Plant Coordinate System for a corner of this tract; THENCE. North 870 aI' 29. East~ a distance of 68.46 feet to a set S/8-inch fron rod for the Northeast carner of this tract; TH~CE. South at>> 58' ISu East. along the back of curb and edge of concrete alignment. a distance of 205.00 feet to a set S/8-inch iron rod for the Southeast corner of this tract; THENCE. South 860 36' 52" West. along the North edge of a paved road. a distance of 277.28 feet to a set 5/8-inch iron rod far a corner of this tract; THENCE. South 87 0 DO' 42" West. along the North edge of said paved road. a distance.of' 247.89 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 1.6083 (70.056 square feet) acres of land. Page i of 1. . . Quantum Chemica] Corporation 4.2088 Acres e STATE OF TEXAS:" COUNTY OF HARRIS: FIELDNOTE DESCRIPTION of tract or parcel of land containing 4.2088 acres in the W. d. Harris Survey, Abstract No. 29 and the Enoch Brinson Survey, Abstract No. 5 in Harris County, Texas. Said 4.2088 acre tract ;s a part of a 284.4752 acre tract described 1n a deed to National Distillers and Chemical Corporation, recorded in File No. C-632918, Film Code 140.086-40-1217 of the Harris County Official Public Records of Real Property, and is more particularly described by metes and bounds as follows: w. J. Harris Survey, A-29 . Eno.Bnnson Survey, A-5 TRACT uSo COMMENCING at a 2-inch iron pipe found at the paint of intersection of the South line of the W. J. HarTis Survey, Abstract No. Z9 (same being the North line of the Enoch Brinson Survey, Abstract No. 5 and theA. O. Blackwell Subdivision as recorded in Volume 83. Page 343 of the Harris County Deed Records) with the East line of Miller Cut-off Road (based on a width of 60 feet) i . THENCE. North oZO 5S' 590 West, along the East line of Miller Cut-off Road. a distance of 172.92 feet to a point; . THENCE, North 870 oi' 01R East, a distance of 743.20 feet to a set 5/8- inch iron rod for the POINT OF BEGINNING of the herein described Tract 5; THENCE. North 870 00' 42u East, along the South edge of a paved road. a distance of 535.86 feet to a set 5/8-inch iron rod for the Northeast corner of this tract; THENCE. South oZO 58' IS" East, along the back of curb and edge of concrete a 1 i gnment, a di stance of 329.99 feet to a set 5/8- inch iron rod far the Southeast carner of this tract; THENCE, South 870 081 50" West, parallel 22.00 feet North of the North edge of a paved road. a distance of 557 .71 feet to a set SIB-inch iron rod for the Southwest corner of this tract; THENCE, North 020 51' lOR West, along the East edge of a 4-1nch guard post, a distance of 307.46 feet to a set 5/8-inch iron rod for a corner of this tract; . THENCE. North 420 00' 42" East, along the centerline of'a 2.0-foot diameter concrete column base, a distance of 30.00 feet to the POINT OF BEGINNINGi CONTA-INING within these metes and bounds 4.2088 (183,334 square feet) acres of land. Page fL." of ~ ... r ~ Quantum Chemi ca 1 Corporati on 3.8907 Acres e STATE OF TEXAS: COUNTY OF HARRIS: FIELDNOTE DESCRIPTION of a tract or parcel of land containing 3.8907 acres in the W. J. Harris Survey. Abstract No. 29 and.the Enoch Brinson Survey, Abstract No.5 in Harris County, Texas. Said 3.8907 acre tract is a part of a 284.4752 acre tract described in a deed to National Distillers and Chemical Corporation. recorded in File No. C-63291S. Film Code Ho. 086-40-1217 of the Harris County Official Public Records of Real Property, and is more particularly described by metes and bounds as follows: W. J. Harris Survey, A-Z9 Eno.Brinson Survey, A-5 TRACT .&" COMMENCING at a 2-fncb iron pipe found at the point of intersection of the South line of the W. J. Harris Survey. Abstract N~. 29 (same being the North line of the Enoch Brinson Survey. Abstract No.5 and theA. o. Blackwell Subdivision as recorded in Volume 83'. Page 343 of the Harris County Deed Records) wi th the East li ne of Hi 11 er Cut-off Road (based on a wi dth of 60 feet ); THENCE.. North 020 58' 59. West. along the East 11ne of Miller Cut-off Road, a distance of 142.36 feet to a point; o THENCE. North 870 01' 01- East. a distance of 97 .88 feet to a set 5/8-incb iron rod for the Northwest comer of this tract and the POINT OF BEGINNING of the herein described Tract 6; . THENCE. North 870 00' 42. East. a distance of 532.00 feet to a set 5/8- inch iron rod for a comer of this tract; THENCE. South 470 59' 18u East. a distance of S6~80 feet to a set SIB-inch iron rod for a comer of this tract; THENCE. South 030 13' 1Sn East. a distance of 257 .90 feet to a set 5/8- inch iron rod for the Southeast corner of this tract; THENCE. South 870 08' 50" West. a distance of 573.21 feet to a.set 5/B- inch iron rod for the Southwest corner of this tract; # THENCE. North 020 59.' 18- West..a distance of 296.70 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 3.8907 (169.478 square feet) acres of land. . . Page ~ of 1- :r6~~ 'Xe;)f'''~ 1: ~ SSl.A W\ ~ -+c... ~ ~ \ S f2, ... ~ D. ~ Co....,lcv- ~ ~ fo\~. f\~ 10-1'l- -aD . :. r~' \ ~ '. .,' Yo City of La Porte Established 1892 November 27, 2000 BP Amoco Chemical Company Attn: William Hasche P.O. Box 568 Texas City, Texas 77592-0568 Dear Mr. Hasche: 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 City'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 fOWld that: Exhibit "B" does not clearly indicate properties described in Exhibit "A" and is difficult to interpret. Exhibit "B" should reflect metes and bounds descriptions as per 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, CJ<~ ~ ~ Robert T. Herrera City Manager , P.O. Box 1115 · La Porte, Texas 77572-1115 0 (281) 471-5020