Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2007-IDA-08 Metton America, Inc
ORDINANCE NO. 2007-IDA-08 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA FORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH METTON AMERICA, INC, A DELAWARE CORPORATION FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDfNG AN EFFECTIVE DATE HER01=. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA FORTE: Section 1. Metton America, lnc, a Delaware Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof far all purposes. Section 2. The Mayor, the Assistant 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 city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted uapn_ ThP City C;n~incil fi~.rt_her ratifieG annrn~~ae and r_nnfirmc 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. 1 PASSED and APPR©VED, this 3rd day of December, 2D07. ITY OF LA PORTS Alton Porter, Mayor ATTEST: r Marth " Gillett, City Secretary APPROVED Knox Askins, City Attorney 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 / %~Trt~i~ ~wlC~~ic~ .,~,v~ , a ~~LAu//~i~C_~ corporation, hereinafter called "COMPANY°, W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas;- codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit °B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and 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: FINAL DRAFT: November 1, 20D7 1 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: 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 1oQ' 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. TT 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" 2 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 far "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property, 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. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, 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. Property included in this Agreement shall not be entitled to an agricultural. use exemption for purposes of computing "in lieu of taxes" hereunder. B. On or before the later of December 31, 2aos, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of °in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . C. Company and City agree that the following percentages ("Percentage Amount") shall apply during each of the Value Years: Value Year 2008: 52% Value Year 2009: 62% Value Year 2010: 52% zr^~ 7„e V i.ii Ll~ ve„- i~.Ql ~n~~ G V ii t~~ VG O Value Year 2012: 52% Value Year 2013: 52% Value Year 2014: 63% Value Year 2015: 53% Value Year 2015: 53% Value Year 2017: 53 °s Value Year 2018: 53% Value Year 2019: 53% Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of. 3 1. Percentage Amount 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, 2008, and each January ~. thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such Land and improvements to which subparagraph 2, below applies], had been within the corporate limits of Gity and appraised 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, 200'7, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation], for each Value Years follow~.ng completion of construction in progress, an amount equal to Twenty-five percent (25%), if construction is completed in Value ,years 2008 through 2013; and Twenty percent {20%), if construction is completed in Value years 2014 through 2019, 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. In the case of new construction which is completed in Value Year 2015 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agr c°°°c iie°c iit RL a Trient~' pCricnt ~2v~) `v'a l'l;LatlVll under this subparagraph (a), for a total of six (6} Value Years, but not extending beyond Value Year 2022. (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, 2 0 0'7 ; or ii, a cumulative value of at least $3,500,000.00. 4 For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount far the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2007, 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, 2007, value; and 3. Percentage Amount of the amount of ad valorem taxes which would be payable tv City an all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, (including inventory in a federal Foreign Trade Zone and including Freeport exempted 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, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies). had been within the corporate limits of City and appraised each year by the City's independent appraiser, 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. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 1.1.251 of the Texas Property Tax Cade to taxpayers ~~,;„ ~-,-,e ~; ~-~~ , ~ z ~., +-,,,~,.., +-ti.,,, ~,,.,,..,-.,.vim ,,..~..v._ YY141ii 11 4116 ~..14r iillli L-~, 4i1 Gll 4110 1_1GG~7V14 t1S 1/G114VLY exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt fr©m taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1--n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CTMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. TV. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 20x9, 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. VT. 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 6 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI{B}, 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 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 competexa.t 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, or City shall make payment to Company of any refund due, as the case may be, 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 {24) calendar days of receiving City's invoice, 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 {3 u) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article V2 {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 written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the Last preceding year, whichever is higher. 7 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 expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 17~., "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 awn 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 ~.n 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 Carnpany'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 awned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in farce. 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 8 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 agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 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. XII. Notices by a party to the other party hereto, shall be mailed or delivered as follows: To the City of La Porte: City Manager City of La Porte 504 West Fairmont Parkway La Porte, TX 77571 To Company : ~~ ~ Torch ~iL1~~~C~7,, ?rit/c- (COMPANY)^ Attention:,~G~=~av:~.t/C~ Department ~~~7 ~/~cerz C't.~r' ~~='~ ,C~crt~ ,~~ ~~%~ r c:~", 'T~c 77~ 7d Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: Plant Manager Name : _,./ i9 ~r ~:S ~,~.~~ i~ ~- c.. Address: ~7Z7 /"l/cc~/Z C'cfi F~~i~ /ZO Phone : ~c~f-- `/ 7 l - ~©7~ X /Cx,~ - -- Fax : Z8~ s ~f7 ~ -- ~fSG ~ Email : ~`cs~i~~i~c-~--~,s ~~ira,/,- Cca~-1 Tax Agent/Billing Contact Name : f~C/ ~..C~z ~ .~SC~~ Address : ~3fff ~'©~r.~fa~r~~ ~".~~°z~~y ~~~5 Phone : `- ~~~° ~ ~o Fax: "7i3 -~6~-- z~~7 Email: -~'~,~Riz7ca~ ~~. isf<3c.icc°'i~.Gci~7 ENTERED INTO effective the 1st day of January, 2fl08. ,~~C,-t{ PANY ) Name= /~~5.~~.~y .S.~fC•~t~~ Title : ~'~z~s~~~.~.~ ~ ~~~ Address : ~'7z~ ~fic~criz C'Eii;~ si=r- •`~~ By: AT ST: TY OF LA PORTE Cit Secretary Alton E. Porter Mayor l AFP V D: Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572--1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net By: ~ssistan~`/City Manager CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the ~ day of ~CaV~tr3c~Z. 200, by I~~S~t51~r S'fFiC,gy~.`'- ~'I~~5re7~% ~~~y of ~RE~r-~-o~ ~rn~f~ corporation, a ~~~~ur~~~ corporation, on behalf of said entity. .-. of •~~~IIYI ~4 ;~~~* 6•. JE1DY J, JOHNSON - ~ ° = Notary public, State ofi Texas ~"•;~~,~• My Commission E xpires +`'~%~~ ~:~~' January 3Q, 2QD8 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the J7 day of A:,1 20a~, by Alton E. Porter, Mayor of the City of La Po te, a municipal corporation, on ha f of said entity. ...,,,,,~,~,~,,,,, Notary Public, State of Texas ~a .~ av.p x.z ~,.~. N' N~ ~ ~ z 9rF OF Z~~P ~ '•, •~ ~1 La Porte Industrial Agreement Exhibit A Land description: 13.8774 acres Abstract McCormick A, 1 M-1. A result of the following two real property transactions: Harris County Clerk's File Number RD89206: Dated: 1 0/05/1994 Warranty Deed for 23.7634 acres Grantor: Hercules, Inc. Grantee: Melton America, Inc. Harris County Clerk's File Number S650925: Dated 0 912 211 9 9 7 Warranty Deed for 9.886 acres Grantor: Meton America, Inc. Grantee: Solvay Polymers, Inc. ~~i R08920~ TIfE srArE of TExas COUNrY OF hIARRlS 5C~ ~ ~9-' ~ fi29 SPECIAL WARRANTY DEED tt11U51a~ ~7t1?397a1 ~?0~9Z46 5 28.fs0 KNOW ALL MEN BY THESE PRESENT'S- That HERCULES INCORPORATED, a pelaware corporation !hereinafter called "Grantor 1, for and in consideration of the sum of S 10.00 and other gaud and ~ l J valuable consideration to it paid 6y Metton Amsrlca, inc., a Delaware corporation (hereinafter called "Grantee J, the r8ceipt and sufficiency of which are hereby acknowledged and confessed by Grantor, has GRANFEO, BARGAINED, SOLD and CONVEYED, and by these presents does GRANT, BARGAIN, SELL and CONVEYunio Grantees, all that certain land and premises situated in Harris County, Texas described an Exhibi! A, attached hereto and made a part hereof for all purposes, and containing approximately 23.7&34 acresafland, together with anyandallimpravements, rights, privileges, hereditaments, and appurtenances thereon or in anywise appertaining thereto (said Iand, improvements, rights, privileges, hereditaments and appurtenances being hereinafter referred to as the "Property"), Phis conveyance is made and accepted subject to the easements and other encumbrances described an Ex i "Band Exhibit C attached hereto and made a part hereof of all purposes, TO HAVE AND TO HOLD the property, subject as aforesaid, unto Grantees, their heirs, executors, adminisVators, successors and assigns, forever, and Gra-rtor does hereby bind itself, its successors arld assigns, to Warrant and Forever Defend, all and singular the Property unto Grantees, their heirs, executors, administrators, successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. The Grantor further warrants, subject as aforesaid, that there are no unrecorded leases or rights to the property by parties !n possession or otherwise, except the Grantor, to which Grantor is a party and the undersigned has no knowledge of any such outstanding leases or rights which would take priority over this conveyance to Mettan America, inc. Taxes for the year 7954 have been prorated and Grantees, by their acceptance of this Deed, assume payment thereof. IN WITNESS WHEREOF, this Deed is executed by Grantor on this x7~day of sr~c~.tate.~~.e-r'-- _ ~ 7994. t i s i _ _,,~, '. :~ i Y Iq .~ :~ M~ .4! i '. 5U I-29-.~ 63D ATrESr.• By: Name Printed: .~i?~4~E'1..1, fl.DY~3 r-tra: S£~RSTAR7 THE STATE QF~gg~_[.2 C1TY/COUNTY QF ~~ ~~„~ S`Y-~ ~~ , to wit: s~• Name Printed: Title: ~• ~^ Teo :~ r-"~ •~ 7 ~-~ • ~ ..o.. ~ . "J~~i1 ,.... .'~yyAr,, Before ~~m~~e~ ~_the undersigned authority , on #his day personally appeared ~•_Yic~~_L1'1PiT;_ ,, knowntametobethepersonwhosenameissubscri6ed to the foregoing instrument, and known to me to be theSe~ser Utee~.di•~h m~G~,R,~ ~-o.~iw~ of Hercules Incorporated, a Delaware corporation, and executed and acknawledga~ c~{~iccr to me that he executed said instrument far the purposes and consideration therein expressed, and as the act of said corporation. 4 :t Given under m y hand and seal of o>frce, this the ~~ day ofc]t a ,,,~„;<< ~" 1994, ~" ~.,r.Ilv~;~" r, My commission expires Z ~ ~ , 3 , .. No ry Public • , ;~' °*~' `~' .. ~ ~~~~ fi,~r~pTfir!" . ~ . e KA~IH,{AN~!-fMl~p. NGTAAYP!!~{„#C 57'ATE~Dp,AWI!!'IE :~ spsclaln/c It~Y£i?M~~I$gICI+tE1[MitESfEB.~t/!S ~ . ~I[BI~' "A„ TRAGT I (DE~tIPPIOPT O1~ 20.36156 Ate TRAGT) TRAG`F II (1]~p'I'IO~i OF 3.03.8 ACRD TRACP) ' ' ~ ~ ~ ~ ~ x i . ~ j.,=. _ .. ~,a y~,,a 4 ~ s.~3 -- ~ . . ~' u' ~ t ~-_ ~ • ' ~ L~ p ~ ~V i~v t _~.: ~~ ~ ,. ~ ~. 3 _k7.. .. a :.1 .e 5(~ I -29- ~ ~~.~. .' •. I ' .. ;. ~~ ~".~. N3 ~! .. ~~•' £}C[3IBY'T A - TRACT I ~~v V•J'• `.~ FIEi.I? HQ'!'EB - SOI.TEX POLYMER CORP. =' 20.96156 ACRES _ ~~ ~ "~[1" `~~~ ::J1 A TRACT OR PARCFZ DF LAND CONTAINING 2fl.3di56 ![CBEs OR 886,449.7 SQ. r uiiT Os^ A Cr~i fiAI34 118.63 ACRE TRACfi ~ 1 CDNYEYEO~PD SOLTEX $Y CELANESE CDAI~. RECORD3:fl I34 FILE N0. E-305696 OF THE REAL PROPERTY 3tEvORDS OF 33AARI5 Cfl~FNTY A3iD ORIGIHA3.Y '!'0 C3:ZANE5E CORP. 23Y PFiI3,LIFS pII'. CO. A5 TRACT i IN 3NSTRUMENI' 3)RTIY! APRIL 5. 1956 RECORD3;D IN YOL. 3133 PACE 36t-36k OF THE HARRIS COUNTY DEID RECORDS BEING OttT OF THE ART}NR IEC COR1aIC3t SURYESC~ ,ABSTRACT 46 HARR35 COUN3'Y, TEXAS. SAID 2fl.36156 ACRE TRACS BEING 140RE PARTICULARLY I?ESCRIBID BY MEFES AND BOUNDS A5 Pfl3.L0i~S~ SO-wITs Cammencfng at a point marking the intersection vt the center line of Battls Ground Road (St. Hwy. X134 - 120.Ofl St. right-ot-way) with the center line of 14311er Cut Ott Road (60.00 tt. County road) said point else marking the Northwest corner or Tract 1 described 3~n instrument in val. 3133 Page 361 at eeq Harris County deed recoxds and the northwest corner of said tract conveyed to Soltex described 3n File 340. E-305696 at the seal property records of Harris County. Texas ~ Thence South 02 deg. if: min. 43 sec. Fast wfth the center line vt said 5t. Hwy. X134 a diatanca of 347.05 tt. to a point marking the Northwest corner and P7.ACE OF EDGINNING of the herein described 2D.361 6 acre tract coordinates of which are X-3.240.918.16 and Y- ?08,79~•26 tt.~ T}1k11CE Korth 87 deg. 28 min. 30 aec. East parallel to the North line of said ii8.b3 acre treat passing a 5/8 inch iron red 3n the East r3.ght-ot~way ].ins of St. Hwy. X134 at 60.Dfl •tt. in all a total dis- tance of 1675.54 3't• to a 5/8 inch iron rod at the Northeast earner of the herein described 20.36156 acre tract and marking the 34arthwest carnet of :certain 3.4016 acre tract THENCE South 02 deg. 27 miss. 55 aec. East with the West line of said 3.4OiB acre tract a distance of SZ9.OS tt, to sn X snax3t in con- crete at the Southeast corner of the herein described tract marking the Southwest corner of said 3.4fliB acre tractF THENCE South 6? deg. 28 mixs. 3o sec. west garalZel to the North right-ot-way line of the herein deacribad tract paaairtg a 5/8 inch Scan mod at th• East right-ot-stay lfne of St. Hwy X134 at 5617.26 !`~. in all a distance of i6?7.26 tt. to a paint at the Southwest corner its the center line of St. Hwy. #!134: ~. ~° ~,; 'Ir. ~..~.' 5~ ~ -2~-- ~ fi35 EXHIBIT B 7. Easement from J. B. Hine et al to Harris County granting several easements including that upon which State Highway No. 734 has been constructed, said instrument being dated Juty 3, 7928, and recorded in Volume 773, Page 305 St :ay^., of t'SSd °scarvu af, Pirla Cous~-~r, Tetras, 2. Easements far the purpose of Iaying, operating and maintaining p)pellnes, the location and widths of which are not disclosed, granted to Defense Plant Carp. by instrument(sl retarded in Volume 1282, Paga 55,2, in Volume 1300, Paye 96 and in Volume 1273, page 365 respectively, al/ fn the Deed Records of Harris County, Texas. 3. Easements for the purpose of /eying, operating and malniaining a plperne, telegraph, telephone and power lines, etc., the lacailan and widths of which are not disclosed, granted to Texas Eastern Transmission Corparatlon by instrument(s) recorded In Volume 1985, Page 249 of Deed Records of Harris County, Texas and In Valuma 7985, Page 256 of the Deed Records of Harris County, Texas. 4. Easements for the purpose of Iaying, aperating and maintaining a pipeline, telegraph, telephone and power Iines, etc., of an unspecified width but over a center line which Is described in the easement instrument granted to Texas Eastern Transmission Corporatfan try instrument(si retarded fn Volume 1985, Paye 254 of the Deed Records of Harris County, Texas. (Affects Tract ! Onlyi 5. Easements for the purpose of Iaying, operating and maintaining pipelines, telegraph, telephone and power lines and elactrlcalprotection units, etc ,over an area thirty (307 feet wide, the center pne of which is described In the easement Instrument granted to United Gas Pipe tine Company recorded in Valuma 2350, Page 295 of the Deed Records of Harris County, texas. (Affects Tract /Only) S Easements for the purpose of cansuuciing, aperat/ng and maintaining, etc., a pipelln8 cathodla protectlan unltr the other details of which are not described in the easement granted to Texas Eastern Transmisslan Carporatlan recorded in Valuma 3889, Page 317 of the Deed Records of Harris County, Texas. 7. Easements for the purpose of /eying, aperaBng and maintaining a pipeline four /4"1 Inches in diameter aver a center line which parallels the West property line of Tract 1 and Is more fully described in the easement instrument granted to Phillips Petroleum Company recorded under Harris County Clerk's h71e No. F595$67. -~. fifi l -25- f 63fi 8. Easements for the purpose of laying, operating and malntalning a plpallne four (4) inches In dlamater aver the center line which parallels the West property tine of Tract 1 and is more fully descrl6ed in the easement instrument granted to Gulf Oil Corparadan recorded underHarris County Clerk's file No. GS57413 9. Terms, aandltlans and pravisians relating to the use and maintenance of the access road wh:ci: is an sppurts.~ani to Tract 11 as sat forth in instrument recorded under Harris County Clerk's File Na. H275719. 10. Easements far the purpose of laying, operating and malntalning a plpallne four (4"J Inches in dlamater oust a center line which Fs nearly parallel with the Wsst property line Tract f and is mare luHy described in the easement instrument granted to Exxon Pipeline company recorded under Harris County Clerk's file No. HT27546. 11. Easements for the prrrpase oflaying, aperating and maintaining, etc., a pipeline over the area two (2'J feet wide; one i1'1 foot on either side of fire center line which is near the West property line of Traci l and Is mare fu11y descrl6ed in the easement Instrument granted to Oxy Petrachamicals, inc., recorded under Harris County Clerk's file No. M699853. 12. An easement ten (7Q'/ lest wide, the canter line of which enters the North property tree of Tract 1 at 361.83 fast West of refs Northeast earner and which extends South, perpendicular #o the North property line far a distance of 70.9 feet and unobstructed aerial easements ten f ?0'J feet wide beginning at a plane sixteen (1B'J feat above th~groundand~xtending upward an bothsidesof the ten (10'J fast ground easement as depicted an the Sketch attached to and made a part of the easement instrument granted to Houston Lighting & Power Company recorded under Harris Gaunty Clerk's Ale No. N7540S3. 13. Easement from "Celanese" to Union Carbide Corporation for a Nitrogen Pipe Una, said instrument dated November 1, 197'4, and apparently unrecorded, but refereed to in fnstrument recorded under Harris County Clark's File Na. E305696 14. Plpeflne relocation agreement between Eercules Incorporated and Saltex Polymer Corporation dated November 30, 1981 (and unrecorded! covering the relocation of the plpallne listed as Item 12 and i4 above as referred to in Deed to Hercules recorded under Harris County Clerks Fels Na. H,275719. Addiiionafly, said Oesd is made subject to the following ftems: a. Surface Lease Sam 5oltex Polymer Carparadon to Leader U.S A., dated April 1, 1880. ~...r • . ':,r;'• . _ 5U I -Z~-.S X37 6. Undergraunded talaphona cable easement running parallel to and slang Slate Highway 734, approximately flf2y-eight /58'~ feet from the centerline thereof. c. Slectric power line easamant to Houston Lighting & Power Company runnfngparallel tath~ Stale Highway r34, approximately tihy-eight l68 J feet from the centeriura therear'". d. Easement to Gulf Cll Company far propylene plperne running parallel is and along State Highway 134, approximately fifty-dve lS5'J feet from the aeaterl/na thereof. f5. Any easements travarsing the property which a survey, using probes for pipelines, would disclose. NJt;/~v Exldblr &a f .. ' - ~ '. I'r_: _ iii i• ~ ~ ~- ~ ~ •c~ • a .a,_ . ;~ _ •, ~l'.rTrlr?Y^'~ ".s': ~~ . . t58. .1 a-u~:7-:7E-: -~ 5U ~ -29-.1 ~ ~8 ~ -. r ~~~ ~.~ EXW;$;T C A non-exclusive easement to use the roadway described on Attachment I for access to and from the property of the grantee, sub,fect, however, to the following conditions and covenants, rhich grantee agrees to keep and perform: (I) This easement shall remain in force until the said roadway is abandoned for a period of twelve (lz) consecutive months. (2) Grantee has heretofore inspected such roadway and determined that it is in goad condition and suited for the purposes for which it is intended to be used hereunder. (3) Without regard to negligence or fault, except as hereinafter prDVided, grantee agrees to pay for any and all damages to property 6elanging to grantor or its agents, officers, ar employees, which may be suffered from or arise in whale or in part out of the use of said roadway by grantee, ar its contractors or subcontractors, or their agents, servants or employees, ar put of the en,~oyment ar exercise of this easement ar any right granted hereunder os obligation imposed hereby. in addition, grantee hereby agrees tv reimburse, indemnity and save grantor harmless for and from any and all expenses, lasses, claims, liabilities, damages ar causes of action, including but not limited to, attorney's fees and casts, caused by yr arising in whole or in part out of the use at said roadway by grantee or its contractors or subcontractors. ar their respective agents, servants ar employees, ar out of the enjoyment ar exercise of this easement ar any right granted hereunder ar obligation imposed hereby. For the purposes of this paragraph, any act yr activity of grantee, its contractors and subcontractors, and their respective agents, servants, and employees, on the roadway which is the sub,}ect of this easement whether in the scope of their employment and authority ar not, shall be deemed to be in the exercise of this easement and in the en,~ayment of the rights granted and the oblSgations imposed hereby. Nathwithstanding the foregoing, grantee shall not be responsible far any damages or indemnity which results from the sale negligence ar fault at grantor, its contractors ar subcontractors, ar agents ar employees. (q} Grantor and grantee hereby agree that the cast of maintaining resurfacing and repairing said road shall be borne equally and granter agrees tv reimburse grantee far its one-halt of such casts, as incurred tram time to time, promptly upon receipt of an invoice for such casts. (5} Phis easement is sub,~ect to the right of grantor to grant easement to others and to its atrn right to construct pipe lines, poxer lines or any other type at lines on, over or across and under the land covered by this easement without any liability therefor to grantee for damages, direct or consequential, sustainea by grantee as 8 result thereof. LO) l(7i3 C4~C~[iT~.liL .L1 G {;uVci~niei ~~~a~ 3~+a~~ rug n land. . . `°;..` ~~ ~~ .: :,. • "ATTACF~1~t~NT Y" r4 n~ J..•,., •Y FIr"LA qOT~ OF A 4.1132 ACAS ROAD PASE~T CONNECTING SOL'~Cti.~ TRACTS WITH MILLE•4 CLtTOr ' COU~Y ROAD EH ARTHUR ~iC CORMICK SURVE:, A85T4RCT h6 AAR°E5 COUNTY, TE.YpS ~U I -~ J"". ~ ~ ~g Hcing 0.1132 acres of land enclosing an existing canerete entrance drive f:'nm !!filler Cstaf_ County Woad to a 3g.3~1a acre tract and a 3.x+018 acre tract ou_ of an 118._63 acre tract conveyed from Celanese Corporation tp Soltex Polymer Corporation recorded in yilm Code 112-18-1+90 of the Deed Records of Parris County, Texas, being in the Arthur McCaxmick Survey, Abstract 46, Harris Co,usty* Texas. '.his 0.3.7,32 acre tract, which crosses Coastal Industrial Water Authority (Trinity Water Conveyance 5ysttm} 7.72 sera easement, is hereby described, as follows; _ C0~•i~ffCINC at the intersectiaa of the centerline of State Highway No. 13~+, 124 Toot aide right-of yay and '!filler Cataff County Road, 60 foot rfght-ot way for thr Northeast corner of said 115.63 sera tract, thence North 87° 28' 30" East, along the centerline of Miller Cutoff Read, and the I4orth line pf the 118.63 acre tract, a distance of 1}56.17 feet to the Northwest and 8EG]:YNI.iG canner of the O.II32 acre tract herein described: , THE!!C8 South OZ° 30' 25" East, at 32.05 feet cross the North line of said ~oaatal Industrial Water Authority ?•72 acre easement, and is ali a distance o~' 14T.05 feet to the Sout}1 line of said 7.72 sore tract, at a 6 foot high chain Iiak fence for at re-entrant corner oS the xract h~reia described; T!!ENC$ South 87° 28' 30" West, along the 6outh line of said 7.72 acre easement, and said chain kink fence, a distance of 1.00 feet to the crater pf an 8" steel itncc post marking the Northeast corner of a 3.h018 acre tract recently stained out for So3.tex Polymer Corporation, far the 5vuthern 7orthuest corner of t:~p tract herein described, '!'Fz.TC° South O2° h7' S5" East. along the East lice of thr 3.~+4I$ acre tract, a distance of 28.00 feet to a. point far the 5outheest corner of the tract herein described; T:.r iC ::arth $?° 28' 30" East, at 1.0 feel crass the West edge of a co~xcrete dri•ro, at 15 feet crass the most Northern West IinC of a 39.3k18 acre tract recently staked ant for 8altex Paiymer Corporation cad in all a distance of 29.42 feet to the East edge ai s concrete drive far the Southeast corner of the treat hareia described; '1':iw CE North 42° 30' 25" t7elt, nt 2B feet croaa said 6 fast high Chain link fence marking the 5auth line of aforesaid 7.72 acre tract and the Northern Harth line of the 39.318 acre tract. sad•tram this point, the most Rartharn Northeast career of tht 39.3+1$ acre tract hears South 89°.28' 30" Nest, a distance a£ Ib.O feet. an3 continuing North 02° 34' 25",~Icst a total distaaee of 1?5.05 fett to the center - oS Miller Cutoff Roa$ and the North lice of the 718.63 acre :rani: for the Northeast' corner at the tract herein described; •, N j ~I i• Y,L'w .•f~ ~Oi~~-~'-~ ~C~a~ Tf~}tCE South 67° 28' 30" Nest, slang the ceatrr of Miller Cwt E3oad an~•he 'forth Iine of the 13.8.53 acre tract, a distance of 28.Oe feet the the 3Partlsvest sad $LGIiFNIi7G carder of the tract herein described, containing 0.1232 arras of land. 5U ~ 29`.~ 6~~ Paul W. FlisemLea Registesrad Public Surneya,>' N9T vECpPOER'5 >+~~~ AT TML 11YL tl! i[CO~atrOm. TN ~tl[CVATL ~t.lTltuu[xT ,rAt ltlV Mtl Tr0 [RLlYptlYGTItlM /°~ Ti1l.LtS7 ll1CI°CRJW C VT.w7L ns IuLGUlgfr. C A [Ay LTr. . xrrTn t,[IIT, OrSCVLOAlO ulrranKva+Iltttclw~sLSr~~n+rsltL.LILS+sauxor ewLaL~mtw. rxalLxn adous[ a [sax ~I c~rL t5 rxxu un ulellral~~eaE uxatefur~+t IlAL THESTATE4FTE%11S Cl3UlVTN OFl1dRRIS I pereitf lerUh Gul Nis iaslrumeM~p*L:~s FRED in Fife Number W~S~COROE66m Na~DlGcis! Pi~hFc f&al4s of Ral P ~opq~1~ al Rims tws ors t~CT 5199 i"y r~ COt1N7YCLEAI! ~~~ F1ABFi15 CDLHTY.1'EX,4S . ~ j . .. i • . RECORBFA'S Md4WAAN13UM: { • , • I • At~tbe rlme at recorLlatlan, Ihfe ImeSrumeM was } • .; j ,found to be Enadequate kr the beet phglaclraphto ~~- t regroduetl°n because tlt llleQ3bilRv. car an or .Vti :-,: - .. ~'phato tapy,•dtsmlaled paper,,etc. Ah blar.Imrds, ,:i•tlfe e5~s~+ tattheilme } ::ti, .~ ;,~: .. SQL ~~ ~~^Y •~ ~ - .~ - • ~ . '; ' -x: ~- ~.!`ts ~... - J d ,$"y~Rn~:ry~ ti~Y ~ ~ , /+ Y::S'~ it 'f i _ 1 t sxnROx ~LZCx '. HOElST N TE;LAS ~~7057 gr00D ., . ~~~ ~ ~f ~-~ l ~ ~. ~/ ~S --, __ . Sfi50925 ._..~ c~x~ xx~s col~xixrx 51 ~`fi8~385fi GENERAL WARRAN7l'Y DEED TflE STATE OF TEJCAS § - -- . . _. _. w __. _ .. . § KNOW ALL Iv~N 13Y THESE PRESENTS, THA'I': ~;; COUNTY OF HARRIS § - tVffsTTON AN1EItICA, l3gC., a Delaware corporation, hereinafter sometimes referred io as -. ;~; ,.; . "Grantor", for and in consideration of the sum of Ten Dollars ($10.b0) and other valuable r ..,, ~, cansideration paid to Grantor by SALVAYPOLYMERS, iNC., a Delaware corporation, hereinafter i sometimes referred W as "Grcrnlee", the receipt and sufficiency of which ere hereby acknowledged, ••` #}# I has GRAN'i'EI], SOLD and CIJNVEYED and by these presents does hereby GRANT, SELL and .:- ~ . '~ ~ CONVEY unto Grantee and Grantee's successats and assigns that certain 9.886 acre tract or parcel _,, , of Sand situated in Harris County, Texas, as more particularly descn-bed in exhibit AA attached ~_ ~ hereto and made a part hereof for,all purposes, together with {i) any and ali appurtenances belonging ar appertaining thereto; {ii) any and ali improvements located thereon; {iii) any and alL appurtenant ~. easemems or ri £wa affectin said real ro and an of Gratrto~s ri Bhp Y g p 1~Y Y !~ to use same; [v) j~ any and all rights of ingress and egress to and from said rea[ property and any of Grantor's rights to ` ~ ? use same; (v) any and all mineral rights and interests of Grantor relating to said rest propeciy [ .~ {present or reversionary); (v,~ any and all rlghts to the present ar future use of wastewater, , ' . wastewater capacity, drainage, water or other utility faalities to the extent the same pertain to ar . benefit said real prapaty or the improvements located thereon: including witlsout limitation, all '~r reservations, commitments yr letters covering any use of such utilities in the future, whether now owned or hereafter acquired; {vii) any and all rights and interests of Grantor in and to any leases s coveting all or any portion of said real property, and (viii) a!1 right, title and interest of Grantor, if _ any, in and to {a) any and ali wads, streets, alleys and ways (open or proposed) affecting, crossing, j AFTER RECOR~3lNG: liC)t.0 FUR CHAR it TiTi_i: Cpf~,tPE~tiY . GF~~ lD~~------- Ciaser• ~~~ - ~ S~ 4-SS-3S~ frozti#ing ar bounding said real property, including any awards made or to be made relating thereto, ~ ' including without lim'station, any unpaid awards payable by reason of damages thereto ar by reason of a widening of or changing of the grade with respect to the same, (b) any and all strips, gple3 or ~, t . pieces of property abutting, hounding ar which are adjacent or contiguous to said real property {whether owned ar claimed by deed, limitations or otherwise) save and except that rent property :., ~~ situated along the divisional line between the Property and Grantor's adjacent property, (c) aay and -: 1 all air rights reiatingto said real property and {d) any and all reversionary Interests in and to said real ~ ;: property (said real property together with any and all of the related improvements, appurtenances, i rights and interests referenced in items ~) through (viii) above are herein collectively referred to as ; - the "Praperty'~. _ i GRANTOR AND GIiAN'1'EE, SY GRANTEE'S ACCEPTANCE HEREOF, ; ' ACKNOWLEDGE AND AGREE TSAT, EXCEPT FOR THE WARRANTY OP' T1Tr~ 1 1 CONTAINED RF!itF.ily, GRANI:OR MAKES ND WARRANTIES, ETTSER EXPRESS OR '. Il4IPLIED, WITS RESPECT TO TIdE 1PROP~i.TY AND THAT THE PROPERTY IS , . ! i CONVEYED IN AN "AS 75," "WHERE LS," AND uWITH ALL FAULTS" COlVD1TION `~ TO HAVE AND TO HDLD the Property together with all and singular the rights and ! annurtenances tfieret~ in a~-ywice h~elnnv~'crtg unEg ~ntt?, itc viereecnrc anr~ aeeic~nc fnr~yer cghJe~t ~. . to the matters herein stated; and Grantor does hereby bind itself and its successors and assigns #a WARRANT AND FOREVER DEFEND all and singular the Property unto Graff its successors ~ . and assigns, against every person whomsoever lawfully claiming ar to claim the same or any part ' thereat; subject to (~ all of the matters listed an Exhibit 13 attached hereto and made a part hereof for all purposes, to the exterrt same are valid and subsisting and affect the Property as of the date t hereof; and (iii the Easements (as herema8er defined). 5I 488-3855 Subject to the other terms and previsions hereof; Grantor hereby reserves far the benefit of , itself and its successors and assigns, (i} a twenty (2U) foot wide nonexclusive utility easement and right-a£-way interior to and contiguous with the nntu+e length of the narthem 6ouadary line of the Property (the "~t1 Foo! Easement"}; and (ii) an eighty {$0) foot wide nonexclusive utility easement ~ ' and right-of-way parallel with the entire length of the western boundary line of the Property which is the centerline of State I~i'rghway No. 334 (the "80 Foot Easement') aver, upon, across and under , 'I the strips ar portions of the l?raperiy (such parcels shall be oailectively referred to herein as the "F.a~ement Strips°~ as same are wore particularly described on xlri i and xhi i D attached I hereto and made a part hereof for all purposes. The 20-Foot Leasement and the 80.Poot Easement • i shall be collectively referred to herein as the "F.,asemenis:" TheEasements shall be used by Grantor ,_ solely for the purposes ofconstructing, maintaining, repairing and aperatingutilities. The followring terms and conditions shall apply to the Easements: A Grantee (as owner of the Property), its successors end assigns, and the respective lessees, sublessees, guests, invitees, contractors and agents of Grantee and its successors and assigns (collectively referred to hereiA as the "Grmrtee Parties"}, shalt have theright to () use the Easement Strips in any manner that the Grantee Parties deem necessary ar desirable; (i} grant easements or rights-of-way an, across and/or under the Faseiment Strips to such persons ar entities and far such ! purposes as the GranteeParpes may desire; and (iii) CanstrucL ar locate aver, upon and/or underthe ~ ~ Easement Strips permanerrt or temporary improvementsand/or fixtures; provided that, in all such cases, Grantor shall not be unreasonably hindered in its use and enjoyment of the Easements, i Except as otherwise indicated herein, Grantee shall exercise fu11 czrstody and control afthe Easement Strips. B, Grantor shall eat install, construct, erect or otherwise place any lines, improvements or other structures, including but not tinuted to pipelines, power lines, down guy lines, poles, signs, culverts or fences, upon, aorass or under the Easement Strips without first (i) notifying Grantee in writing of Grsntor's intent to install ar construct any improvements ar structures upon, across or under the Easement Strips; and (ii} providing Grantee with copies of all plans and specifications regarding the improvements nr st<uctures to be installed or constructed by Grantor. If Grantee reasonably objects to the installation, construction or nature of Grantor's proposed improvements or structures, Grantor and Grantee shall use cammerr;ialIy reasonable efforts to modify the specifications of such improvements or structures and/or to relocate such improvements or structures; provided however, that all modifications and/or relocations are mutually acceptable to Grantor and Grantee. Any and all lines, improvements ar other struchrres located upon, across or under the Easement Strips and installed by Grantor shall be maintained, repaired, replaced or 5 ~ 4-5~~-359 -- - -- , removed at Grarrto~s sole oust and expense. In any event, Grantor is not and shall net be conshued as Grantee's agent in contracting for any improvements erected an the Easement Strips, and shall have no authority to pledge, mortgage or othervrise encumber any interest in the Easement Stripe ' Grantor shall indemnify and hold the Grantee Parties harmless from and against all mechanic's, materialmen's or other liens or claims (and all costs and expenses associated therewith} asserted, ~ ' filed or arising out of any such work C. Grantor shall, at its sole cost and expense, comply at all times with all applicable federal, state and local laws, rules, regulations and safety standards in connection with Grarrta~s use _ of the Easement Strips, including without limitation, the construction, operating maintenance, repairs and service of any improvements placed by Grantor upon, across and under the Easement ~, Strips. Grantor shall and does hereby indemnify and hold harmless Grantee, its successors and .' j assigns and arty lender that may hold a lien secured by any portion of the Property affected by ; Grantor's Easements, fmm and against all liability, damages, suits, actions, costs and expenses of ~ arty nature {'including but not limited to reasonable attorneys' fees} to persons or property caused by or arising out of any of Grantor's activities relating to the user construction, operation, maintenance or service of tho Easement Strips or any utilities and/or improvements planed thereon, or caused by ~ _ ; • or arising out of Grantor's (or its employees', agents' or contraotors~ failure to comply at all times with all applicable federal, state and local laws, rules, regulations and safety standards in connection with constructing, using, operating, maintaining or servicing the Easement Strips and any utilities and/or improvements thereon. ~ , D. Grantor, at its sole cast and expense, shall restore the surface of the Easement Strips to their original condition upon completion of any installation, repair, maintenance, replacement or similar activities associated witl- the utilities and/or other improvements upon, across or under the Easement Strips. E. The terms and provisions hereof relating to the Easements shall be binding upon and inure to the benefit of all parties executing this General Vlrarranty Deed and their respective successors and assigns, and shall constitute covenants running with the land afi'ected or benefited hereby. EX>~Ci]TED this _„ l,„~ day of ~~ 1997. GRA1VTUlt: ATTEST: IvtETTt7N AMERICA, INC. Name's ,i~= ~ VVVV-~~~;AiJ,9 N e:,Ja.,~~,,st ~re~..~ .,. Sec., Ti e: PYrr. ., _ 514-88-~BfiO STATE OF ~e~~ § COL?IVTYOF ~arJ'iS § This instrument was aclaiowledged before me on this~~ day of 5~ 1997 by x?nne~ Q• F,~ ~ ~ ~-~ „ .,. of TK America, Inc., aDelaware corporation, an behalfofsaid corporation. Notary bi' State of~_ My ComrnissionF.xpires' _-- ~ r (~'~- ~ ~,t,,,,,r94q ~~~~~ ~~ ~. a~rnfl~ss NDTARY PUBt.lC •~~~~ State Of Texas f Comm. Exp, 091399 After recafrdit~ return to: Mayor, Day, well & Keeton, L.L.F. 7a0lou'ssi Su a 1900 Houston, Tex 7 Z Ailn: Reh A Doke ~ons~a~nocsrxousroxus~co~ ..-- -. ... ._i '.i .7 . ., .' . , ~~: !Y' Zi i ~~ ~' ~' ~: `; i ; f••~ ~ ~ ~: }. ~; ~¢ ~ :; ",T :~,~ ~; ~ r., I ~. ;.~ i~ i ,I fi ~ ~i .- f _' ~ ~ t ~ k. i CLAD SUR'~'EY~~1'~G C~MPAI~''Y F315SIr°ra~w~tFnmr-1luwh,°,T~7u 77W]-Tl3lalil•11dM-Fai7!]tafl~f3J 7uly 23, 1997 ~~cld Nmes IIcscripGon of a 9.886 acct tract of land bcint; a portion of the called 2D.3G 15G acro tract of land described as Tract I in the Special Warrnnty Decd to Melton America, Ina recorded under Harris County Clark's Fi1o No. 8089206 and being out of the A. McEarntick Survey, Abstract No. 4G, E-Earris Couaty, Texas, said 9.886 acre tract of land 6cinb more particularly described as follows: COMMiTICING at the northwest cornet of llse called 118.63 acre tract described in rho Deed to Soltex Polymers Corporation recorded under Harris County Clerk`s Fi[c No, E305G9G and being; the intersection of tltc centerline of Stntc 1•lighway Np. 199, t3alllegmund Rgad (a 120 foot wide rightrof-way) witlr the cenlcrlinc of Miller Cut-OtfAoad (a 60 Foot wide r'sght-qf--way); TI•IBNCG, 5autlt 02°28'30" [ttst, along the cetuerlint: of said State Highway No. 134, a distance of 147.45 feet to the northwest corner ofsaid called 20.3G156 acre tract and being the northwest corner And the POINT OF B£GiNN1NG of die herein described tractofland; THENCE, North 87°28'30" 1:ast, along the northerly line afraid called 2D,3b15G acre tenet, al a distance aCGD.OD feet passing a S/8" iron rod set in the easterly right-of--way tint ofsaid Slate Highway No. l34, in all a distmtec of G7G.SD feet Io a 518" iron rod set for corner at a fence corner post; THENCE, South 62°28'30 East, departing said northerly line, a distance of 312.00 feet to a 518" iron cad set at a fence corner pas[; THENCE, ~ianh 87°28'30" East a distance of335.00 feet to a S!8"iron rod set in the line of a chain fink fence; THENCE, South 02°28'30" Bast a distancoaf217.08 feet to a S!8"iron rod set in the southerly line ofsaid called 20.36156 acre tract; THENCE, South 87°28'30" Wrsl, along said southerly liae, ai a distance of 951.50 feet passing a 518" irau rod set in the easterly right•ol=way ling of said State Y{ighway Na. E3q, in ail a distance of 1411.50 feat to tlse southwest corner ofsaid called 20.3G I5G acre trnct in the centcrtine ofsaid State Highwny No. 134; THENCE, Nortlt D2°28'30" Wesi, along the centerline afraid State Highway Na, 134, a distance of 529,08 feet to the POINT OF I3>:GINNING and containing n computed area oC9.88G ncras (430,G42 square feet), of which 0,729 acres (31,745 square feat) arc within the right-of--way pf State I-figltway Nv. t 34, leaving a nc[ area of 9.157 acres {398,898 square feet) of land. This description is based on a ground survey completed on July 22, 1997 and is submitted in conjunction witEt a Boundary Survey drawing dated July Z3, 1997, Clark Surveying CompanyJob No, 97-07-4074, a~ ~'~ ~sTr`.E`.{.. ~ ~' ~~,4 ~ ?fd;y Ceary awls GARY C. LQWES ~ 3 R stcrcd professional Land Surveyor No. 4053 ~1;.~ g053 ~'~ SUAfi..~' ~. 1 I r ' •' I _• F, ~ . .•~ ~1Si71i~~ d ,~ .z 81 ~-88-3882 >~>~>e {1?~ EXCEF'i:TONS) 1. Subject to the rights of adjoining landowners, and the public in general, in and to Heat easement 60 feet wide {being the west 6L1 feet of Property lying within the right of way lines of Battleground Road, A/1VA State Highway #134), as granted to Harris County, Texas by instrument recorded in 'Volume 773, Page 30S of the Deed Records of Harris County, Texas. 2. Undefined, unlocated easements and rights of way, for the purpose of laying, operating and maintaining pipe lines, as S'anted to the Defense Plant Corporation by instruments, recorded in Volume 2282, Page 552, Volume 1300, Page 95 and Volume 1273, page 365, all of the Deed Records ofHarris County, Texas. 3. A pipe line easemenrt and right ofway 30 feetwide, located across and over the most easterly portion of the Property, as granted to United Gas Pipe Line Company by instrument recorded in Volume 2350, Page 295 of flee Deed Records of Harris County, Texas; the center line of said easement being described by metes and bounds H=erein, and further reflected and defined on survey dated July 23, 1997, prepared by Gary G. Bowes, Registered Professional Land 5urveyorNo. 4053. 4. An easement and right ofway, for flee purpose of laying, operating and/or removing a 4 inch pipeline, located east o$ and slang and parallel to the west line of the Property, as granted to Phillips Petroleum Company by instrument filed for record under County Clerk's Fle No. F59S667 of the Official Public Records of Real Property of Harris County, Texas, and the centerline thereof being described by metes and bounds therein. 5. An easement and right ofway, for laying canshucting; operating and/or removing a 4 inch pipeline, located east ot: and along and parallel to the west line of the Property, as granted to Gulf Oil Corporation by instrument filed for record under County Clerk's File No. G857413 of the p#firda! Public Records of Xteal Fro_FedY of Harris County, Texas, the centerline of which is desca-e'bed by metes and boards therein. 6. An easement and right of way, for the purpose of laying, constructing, operating and/or removing a 4 inch pipeline, located east of and slang and parallel to the west line of the Property, as granted to Fsrocon Pipe Line Company by instrument filed for retard under County Clerk's File No. Id72?546 of the Official Public Records of Real Property of Harris Gnunty, Texas, and subject to the terms, conditions and stipulations contained therein; the center line of said easement being further described by metes and bounds therein. 7. An easement and right ofway over an area two (2) feet wide, for the purposes of laying, constnscting, operating, and/or removing a pipe Iine, Located east ot; and 5~4-88~38fi3 along and parallel to the west line ofthe Property, as granted to Oxy Petrochemicals, lea by instrument filed for record tender County Clerk's File No. 1Vt69ss53 of the Official Public Records of Real Property of Harris County, Texas, and subject to the terms, conditions and stipulations contained therein; the center line of said easemerrt being described by metes and bounds therein, and said easement being further r'e#lecxecl and located an sketch attached thereto. $. An easement from Celanese Corporation to Union Carbide Corporation for a Ntrogen Pipe Line, said instrremeret granting said easement dated November 1, 1974, apparesuly unrecorded, but as disclosed and referred to in instrument filed far reoord under County Clerk's ale No. E305596 of the Official Public Records of Real Property of Harris County, Texas. 9. A pipe line easement and right of way, as granted to Faxon Fipe Line Company by instrument frlcd for record under County Clerlds File No. H540579 of the Official Public Records of Real Property of Barris Cooney, Texas and subject to the teens, conditions and stipulations contained therein, and finther described by metes and bounds therein. 10. Pipeline relocation agreement between Hercules Incorporated and 5oltex Polymer Corporation dated November 30, 1981 (and unrecorded} covering the relocation of pipeline as referred to in Deed to Hercules filed for record under County Clerk's Flie No: I3275719 of the Official Public Records of Rea! Property of Harris County, Texas, additionally, said Deed is made subject to the following items A Surface Leases from SoItex Polymer Corporation to Leiter U S.A, dated April 1,1980. 13. Underground telephone cable easement rtrrttrirrg parallel to and along State Highway 134, approximately 58 feet from the centerline thereof C. Electric powerline easemerrt #o Houston Light 8c Power Company running parallel to and along State Highway 134, approximately 58 feet from the cee~ter!'tne thereof. D. Easement to Gulf Oil Company for Propylene pipeline running parallel to and along State Highway 134, approximately 55 feek from the centerline thereof 11. Unlocated, undefined pipeline easements and rights of way, as granted to Texas Eastern Transmission Company by instruments retarded in Volume 1985, Page 249 and Volume 1985, Page 256, all ofthe Deed Records of Harris County, 'Texas. 12. An easement proposed by Solvay far undefined purposes, 2p feet wide, located slang the most westerly, north property line, and the west property liner as reflected and disclosed on survey dated July 23, 1997, prepared by Crary C. Bowes, ,:: r:; ~-: . I .. E• :. C . } .. ,~ •• r ~' !I . ! .~ ~i :~ Registered Professional Land Surveyor No. 4053 5I4-$8-38fi4 13. A portion of as unrecorded easement in favor ofDiamond ShamroclS located along the west lute of the Properly, as reflected and disclosed an survey dated July 23, 1947, prepared Tsy Gary C. Bowes, Registered Professional Land Sucveynr No. 4Q53. 14. A 118th non-participati~tg royalty imerest in and to all the oil, gas and other minerals in, on, under or that may be produced from the Property as the same is set forth in instnunent recorded in Volume 3133, Page 351 of the Deed Records of Harris County, Texas. i 1 I a 4 r F3 ' i~ f, i}s gC ,'~ a ~5 n 3' .! i 1 lj • • .1YtJ~L/"J! Vim. r.ar 4voxw iY1 vYY ~,~}/ r~ r~ 1 •w.r -,rte ....~~ CLA,R~ SUR~EYTNG COMP.AN"Y 1715 Shtrwaee Fanr - tilaxrt°q,Taaf 77017 • T17Nd1$wa -FUT177yH,7674 September Y7,1997 Fi4lt~N.SIi~ 20' Widn £asementShlF l7ctcription of a 0.2739 acre (11,910 squue feet) erect of land betng a portion of the called 20.3b15b acre tract oFland descrbed as Trot 1 in the Special Warranty Dted to Milton America, Inc. recorded under Wards County Clerk'sFi1e No. R0892t)6 and bring out oFthe A. McCormick Survey, Abstract Ka. 46, Harris County, Trxas, slid D.2739 acre tract of land being mere particularly described as follows: COMMEAiCtNti et the northwest tamer oFthe ealitd 116.63 acre tract described in the 1?eed to Soltex Polymers Corporation rccardtd under Warns County Clerk's l:ile No. E305696 end being the itrtersection of the centerline of State Highway No. 134, Battleground Road (a 120 Foot wide rightwf-way) with the centerline of MilEtr Cut-Offiioad (a b0 foot widt: right-pf-way); Tii'ENCE, South 02°28'30" East, along the ctnterline oFSaid Slate Highway No. 134, a distance of 147,05 fret to the nartltwes[ corner oFsaid called 20.76156 acre tract; THENCE, North 87°x$'30" Fast, along, the northerly lino of Said called 20.3bi56 acre tract, at a distattct oC60.00 flat passing a S!B" iran rod set in the easterly right-af way line ofsaid State Highway No. 134. in all a distance of 80,00 fed tp tht northwest wrner and the POINT OF BEG1Ni\l1NL'i of the herein described tract o£lecrd; THENCE, North $7°2$'30" Fast, lontinuingolong the nanherly lint of said called 20.36156 acre uact, a d"utance of 196,50 feet to s S/8" iron rod set forcorna at a £enct corner post; THENCE, South 02°28'30' East, departing said northerly lint. a distance oF2d.00 feet to a point for wmer, TEiI:NCff, South 87°26'34" Wtst a distance of 596.50 feet to a point for tartter; THENCE. North 02°26'30" West a distance nF 20.00 feet to tht POiNi' OF $EGlN1+11N1O and_ cpnr~ininp ~_ __ ^tttta 9... ~~ ^.Z73° :,GtB (l' ~3C s'1~ fat) of land. ~ ~` This dessriptian is based on t- grouad survey rAmpleted pre Fu1y 22, 1997 end is submitted Eft epttjuectipn with a Soustdary Survey drawtag dated July 23, 1997, Clark Sutvtying Company lab Na. 97-07-4074. G C. Bowes tgist«ed l'rofess'sonal Land Surveyor Na. 4053 E~I-IIBIT ~ 514-88-38fi5 . •r' :'i C•i ~~ .r _~ . ~: i i . t 5EP 17 •97 i6, 28 71? a6t 3s3$ PAGE.99? ~ _ f 514-SS-38fi6 c~t~~ suRVE~riv~ cone ' tstssa.~agn~.tt~ra..ntx3-7ut~it<oo.F.x7txuttx~s Septatnber 17,1497 fieldfleld Notes 64' WidnEasemrnt~lrtp Description aF a 4.97!7 rue (42,32fi Square feet) tract aF land being a portion of the plied 26,36156 atxe tract oflassd desat'bed u Tract I in the Spxial Warranty Daed to Mettan Amttica, inc. tscorded underl9artis Cowuy Clerk's Fde No. R4B9208 and bang out of the A. McCormick Survey, Abstract No. 46, Flarris County; Texas;[ said 4.9717 acre tract ni land bring more paniaslarly deseriixd as !btlows: COIv1MENCiPI(>F at the northwest writer of the called 116.63 sue [tact dascsihed in the }7eed to Saltac Polyincts Corporation tanrded under Jiarris County Clerk's File No. E345ti96 and being tho intersection of the centerline of State Highway No. 134, Battlegiound Rand {a 120 font wide right-of way) with the cettlulina of Mills Cut-Off Road {a 6Qfact widaright-af--way); THENCE, South 42°28'30" Eas4 along the esntrxline of said State Highway Na. f34, a distance of 147.05 fett to the northwest corner afaaid called 20.361 Sb acre tract and being the northwest aorner and the PQiNT 0!: 8t3O1NNWG of tha herein desw+'6ed tract oF[and; 7T~'NCE, Nnttls 87°28'30" Bast, alatig the noRhefly lisle of said called 20.36156 acre tract, at a diuance of 6[1.44 feet passing a 5/$" iron tad set in the easterly tight-af--way floe of said 5tnte Highway No. 134, in all a distance of 84.00 Feet to the northeast nnrner ofthe herein descn'bed tract of land; THENCE, South 42°28'30" Fist, departing said northerly Toe, a distance of 539.48 feet to a point in the dautherly line:4Fsaid aged 24.16156 sere trau; THENCE, South 87°2$'34" West, slang said xouthexly Gne, at a distance of 20,00 feet passing a S/$" iron rod set to the tasterly tight-of--way line of said State Highway No. 134, in al! r distance of 84.40 feet to the southwtxt comer ofsaid aped 20.36156 sera tract in the crnterliae ofsaid State Highway No. 134; T[iENCE, North 02°3$`30" West, along the centerline of said Sarte Highway No. 134, a disunee of 529.48 feet to the PO1NT OF BlcGfiYNINCr and eontain'sng a wmputed area of 0.9717 saes {4x,32b Square 1~etS eftand, 'this descripiian is based as a ground suNey completed an July 22, 1947 and is submitted in conjunction wish a Eaundsry Survey drawing datsxl July 23, 1997, Clark Surveying Company lob No. 97-47-4074, ;p1 016 ~ ~'.' Faro sir ~ n ' v' - tiE~S ,1 _ GAR'f C :°17 c ~,lt'l~i Registered mfess'sonall andSurveyarNo 4053 vi ° ° }t q~ p ~1 ~ . . . rsts . i -=~ '' ~l 4. a.,,,... 6 ... ~~,, St3R ~r f `Y7 l~ `rhL(r ~ ` ~ ~ ~ ~ ~ ~ ttF,ppR4FR'S btEtAORANDt1M '~ ~ ~ AS 7HC 71MF lM R IH5TittlMErir ~EtaRdglRM. TN15 Na7 1 ~ ( ep eH,epE0nA7F IOR TrfF tlFST7'H07 a£GtUSE aF ILlECl91l1Tw auCTlarr WRFrOne aR q+a7Q CCPY, atSCatWtfZtilupER. rTG ~f~~B~l ~ ~ •i . SEP !7 '97 16:26 71~ 46t x639 PRGE .992 _ .. ~ . ~ . ; . ~ ..I I .~ ~7 ~ ~~~~~~ ~ ~~~~ aye""" titi n'n°. ~""p°°~x a ~~ a tsrrh caxR~ ~+ m SAP 2 2 199? ~ ~~~~`~ .. .... r ~~ l ~-88-38fiT .l'~ r . ~ ~* .. ,. {; ~, ,; ~• f i~ k ; `; r, La Porte Industrial Agreement Exhibit B As instructed, Metton America, Inc. will furnish to the City a plat reflecting ownership boundary fines; a site layout showing all improvements including pipelines and railroads, and any areas previously annexed by the City of La Porte as soon as reasonably possible for attachment to this Agreement. EXHIBIT C" Fage 1 of 3 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 an vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. ~.. 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 154 square feet in area. • One freestanding identification sign far 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) .., ~____ zees ~r~i« prope:~'ty Miles . 2. When Land adjacent to said 300' 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 145 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. 14 ~E7~HTBTT C" Fage 2 of 3 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. 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 b and 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. d} In the case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extendrn atoll Cosy azx ~ r^c'tir[i~vrit Parkwa`" ,'uviiiidai g 9 p~--y. - y r. within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 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. I5 "E%HIBTT C" Page 3 of 3 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. 16