HomeMy WebLinkAbout2007-IDA-09 Basell USA, IncORDINANCE NO. 2007-IDA-09
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH BASELL USA, 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
PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Basel] USA, Inc, 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 for 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 angel i innn Tha City Cvni ine-il fi irth4mr ratifac nnnrnycc anal rnnfirm�
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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 APPROVED, this 3d day of December, 2007.
CITY OF LA PORTE
aL6,
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Alton Porter, Mayor
ATTEST:
Martha Gillett, ity Secretary
APPROVED:
s
Knox Askins, City Attorney
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NO. 2007-zDA- § NOV %
STATE OF TEXAS Tax f f
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COUNTY OF HARRIS §
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and g L .
, a _ DGL AAZA E corporation, hereinafter
called "COMPANY",
W I T K 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
attach AA as Exhibit "$", which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the nand
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 DRAYT: November 1, 2007
HI
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 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"
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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.
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.
M.
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's); 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, 2008, 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:
62%
Value
Year
2009:
62%
Value
Year
2010:
62%
Value
Year
2011:
62%-
Value
Year
2012:
62t
Value
Year
2013:
62t
Value
Year
2014:
63%-
Value
Year
2015:
63%
Value
Year
2016:
63%,
Value
Year
2017:
63$
Value
Year
2018:
63%
Value
Year
2019:
63%
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:
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, 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 to City on all of the Company's
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (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 Ci.ty'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
Vill, Section 2-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exempt i on -1-1 1 a—pl a to part oc to this eyreertent .
Further, should inventory or any other class or type of
property become exempt from 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.
�1
S. 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 (LIMA), 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 CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
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, 2019, 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
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
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, 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 (20) 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 (30) days from the date the notice of disagreement was
reM.�... I .X k f' 4 F.: 4-U � ' - !k �mT a ne-.i- reached �nree:::ent a s t.�.-
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such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
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.
WA
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 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily Or I.y operat-lon of I MT..r, all yr Qa:y pc'art ^,F 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
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
604 West Fairmont Parkway
La Porte, TX 77571
To Company: �',�}I�LG 92 Live • -
- ((7OMPANY)
W_ P� � �% �� �/IP • Attention. Department
aR' K paYi sm r3oo SO
W1 finO )DE 984 3
Company shall Vr1*O`mptly 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:
Address:
Phone:
Fax:
Email:
d
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
By:
ATTEST: CIT OF LA POR7FF.D
a 2&Z By:•1-_�
Cit secretary Alton E. Porter
Mayor
APPRV VEED :
z2Q
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:
K1 Jbetils :'
sistant ity Manager
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF
Now CASIze §
COUNTY OF 4PAk3a §
This instrument was ac
a i 2 0 0_T, by
of =
on behalf of said entity.
STATE OF TEXAS §
COUNTY OF HARRIS §
ad before me on the day of
on,,.-VL J�p�� �corporat�.on,
State of -TeKe�s-
749G1we
This instrument was acknowledged before me on the i7 day of
Q,Q 4A 200$, by Alton E. Porter, Mayor of the City of La
Porte, a municipal corporation, on Pjhalf of said entity.
Notary PubliState of Texas
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OF
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11
SCHEDULE A
Description of Premises
Igo 1 - Metes and Bounds Description, 46.51 acres (2,026,253 square feet)
Being 46.51 acres (2,026,253 square feet) of land situated in the George B_ Mcldnstry League,
Abstract 47, Harris County, Texas, and being out of that certain 237,103 acre tract of land conveyed to
The Lubrizol Corporation by Instrument recorded under File Number 0563972 and Film Code 079-39-
1243 of the Harris County Official Public Records of Real Property; said 46.51 acres (2,026,253 square
feet) of land being more particularly described by metes and bounds as follows (all bearings are
referenced to the monumented West line of said 237.103 acre tract):
Beginning at a 518 inch iron rod set for the Northeast corner of that certain 156.067 acre tract of land
conveyed to Montell U.S.A., Inc., formerly Hercules, Inc., by instrument recorded under File Number
D766437 and Film Code 154-40-0469 of the Harris County Official Public Records of Real Property and
being the Southeast comer of said 237.103 acre tract, same being the Southeast comer of the herein
described tract of land, and also being -in the West right-of-way line of Bay Area Boulevard, based on 150
feet in width and recorded in Volume 7235, Page 135 of the Harris County Deed Records;
Thence S 870 25' 29" W 2580.84 feet, with the North line of said 156.067 acre tract to a 6/8 inch iron rod
set for the most southerly Southwest comer of said 237.103 acre tract, same being the Southeast comer
of that certain 2.50 acre tract of land conveyed to Exxon Corporation by instrument recorded under File
Number P282860 and Film Code 162-51-1406 of the Harris County Official Public Records of Real
Property, and being the most southerly Southwest comer of this tract and from which Copperweld Rod
2218 bears S 020 08' 43" E 0.88 feet;
Thence N 020 28' 20" W 250.00 feet to a 5/8 inch iron rod set for an interior comer of said 237.103 acre
tract, some being the Northeast comer of said 2.50 acre tract, and being an interior comer of this tract
and from which Copperweld Rod 2219 bears S 260 20' 30" E 1.22 feet;
Thence S 8711 25' 29" W 435.60 feet, to Copperweld Rod 2220 found for the most westerly Southwest
comer of said 237.103 acre tract, same being the Northwest comer of said 2.50 acre tract, and being the
most westerly Southwest comer of this tract and also being in the East line of that certain 200-foot wide
strip of land called Corridor "520" conveyed to Exxon Pipeline Company by Instrument recorded under
File Number R930140 and Film Code 508-40-1123 of the Harris County Official Public Records of Real
Property;
Thence N 020 28' 20" W 649.80 feet, with the East line of said Corridor "520", same being the West line of
said 237.103 acre tract, to a 5/8 inch iron rod set for the Northwest comer of this tract and the beginning
of a nontangent curve;
Thence 564.01 feet, with the arc of said curve to the left whose chord bears S 610 59 01" E 539.95 feet
and having a central angle of 5W 21' 28" and a radius of 553.75 feet, to a 5/8 inch iron rod set for the end
of the curve;
Thence N 88° 59' 15" E 1371.81 feet to a 5/8 inch iron rod set for a comer in the North line of this tract;
Thence N 010 00' 45" W 251.00 feet to a 5/8 inch iron rod set for a corner in the North line of this tract;
Thence N 880 59' 15" E 1195.00 feet to a 5/8 inch Iron rod set for the Northeast comer of this tract and
being in the East line of said 237,103 acre tract, same being the West right-of-way line of said Bay Area
Boulevard;
Al
Thence S 01° 00' 45" E 805.00 feet to the Place of Beginning and containing 46.51 acres (2,026,253
square feet) of land.
Tract 2
Real Property situated in Harris County, Texas in the George B. McKinstry League, Abstract 47, described
as follows:
Beginning at Rod 2175 marking the Northeast comer of a 106.377 acre tract described in a deed from
Friendswood Development Company to ARCO Chemical Company dated December 30, 1968, and
recorded in Volume 6713, Page 288, Harris County Deed Records, said rod being in the westerly right-of-
way line of Bay Area Boulevard, 150 feet wide;
Thence N 12" 21' 39" W with the said westerly right-of-way line of Bay Area Boulevard 986.32 feet to Rod
2180 at the P.C. of a curve to the right;
Thence in a northerly direction with the said westerly right-of-way line of Bay Area Boulevard, along the
arc of said curve having a radius of 2366.83 feet and a central angle of 11" 20' 54" a distance of 468.79
feet to Rod 2179 marking the Southeast tamer of a 237.103 acre tract described In deed from
Friendswood Development Company to the Lubrizol Corporation dated August 31, 1967, and recorded in
Volume 6900, Page 19, Harris County Deed Records;
Thence S 87" 25' 29" W with the most southerly South line of said Lubrizol Tract, at 2580.84 feet pass its
most southerly Southwest comer, same being the Southeast comer of a 2.50 acre drill site reservation
and continuing on the same bearing with the South line of said drill site reservation a total distance of
3016.44 feet to Rod 2178 marking the Southwest corner of said reservation In the easterly line of a 200-
foot-wide pipeline easement, known as Corrdor "520";
Thence S 2" 28' 20" E with the easterly line of sold Corridor "520", a distance of 1843.25 feet to Rod 2177
at the P.C. of a curve to the left;
Thence In a southeasterly direction with the said easterly line of Corridor "520% along the arc of said
curve having a radius of 2500.09 feet and a central angle of 23" 32' 58", a distance of 1027.58 feet to Rod
2181 marking the Northwest comer of said ARCO Chemical Company Tract;
Thence N 62" 27' 20" E with the Northwest line of said ARCO Chemical Tract 3325.32 feet to the place of
beginning and containing 156.067 acres of land, more or less.
Bearings are referenced to North on the Lambert Grid Coordinate System, South Central Zone of Texas.
Rods are 518-inch by 36 inches copper coated steel with 1-112 inch bronze caps stamped as indicated.
Together with non-exclusive storm sewer easements appurtenant to subject property granted by
Friendswood Development Company to Hercules Incorporated by Instrument dated September 9, 1975,
and recorded in 127-06-0634 of the Deed Records of Harris County, Texas, Clerk's File No. E 542645.
Tract 3 - Metes and Bounds Description, 0.1500 acre (6,534 square feet), 20400t Wide Easement "A"
Being 0.1500 acre (6,534 square feet) of land situated in the George B. Mcldnstry League, Abstract 47,
Harris County, Texas, and being out of that certain 237.103 acre tract of land conveyed to The Lubrizol
Corporation by instrument recorded under File Number C663972 and Film Code 079-39-1243 of the
Harris County Official Public Records of Real Property: said 0.1500 acre (6,534 square feet) of land being
A-2
more particularly described by metes and bounds as follows (all bearings are referenced to the
monumented West line of said 237.103 acre tract);
Commencing at Copper►neld Rod No. 2220 found for the Northwest comer of that certain 2.50 acre tract
of land conveyed to Exxon Corporation by Instrument recorded under File Number P282860 and Film
Code 162-51-1405 of the Harris County Official Public Records of Real Property and being the most
westerly Southwest corner of sold 237.103 acre tract and also being in the East line of that certain 200-
foot wide strip of land called Corridor "520" and conveyed to Exxon Pipeline Company by instrument
recorded under File Number R930140 and Film Code 508-40-1123 of the Hams County Official Public
Records of Real Property;
Thence N 020 28' 20" W 649.80 feet, with the West line of said 237.103 acre tract, same being the East
line of said Corridor "520", to a point;
Thence 19.32 feet, with the are of a nontangent curve to the curve to the left whose chord bears S 331139'
14' E 19.31 feet and having a central angle of 01° 59' 55" and a radius of 553.75 feet, to a 518 inch Iron
rod set for the Place of Beginning and the Southwest comer of the herein described tract of land;
"thence N 020 28'20" W 311.52 feet to a 518 inch rod set for the Northwest comer of this tract;
Thence N 870 31' 40" E 20.00 feet to a 518 inch road set for the Northeast comer of this tract;
Thence S 020 28' 20" E 341.14 feet to a 518 inch road set for the Southeast comer of this tract;
Thence 35.74 feet, with the arc of a nontangent curve to the right whose chord bears N 360 30' 08" W
35.74 feet having a central angle of 030 41'54" and a radius of 553.75 feet, to the Place of Beginning and
containing 0.1500 acre (6,534 square feet) of land.
Tract 4 -Metes and Bounds Description, 1.148 acres 1(49,994 square feet), 20-foot Wide Easement "B"
Being 1.148 acres (49,994 square feet) of land situated in the George B. Mcldnstry League, Abstract 47,
and the Richard Pearcoll 112 League, Abstract 625, Harris County, Texas, and being out of that certain
237.103 acre tract of land conveyed to The Lubrizol Corporation by instrument recorded under File
Number C563972 and Film Code 079-39-1243 of the Harris County Official Public Records of Real
Property; said 1.148 acres (49,994 square feet) of land being more particularly described by metes and
bounds as follows (all bearings are referenced to the monumented West line of said 237.103 acre tract):
Commencing at Copperwerld Rod No. 2220 found for the Northwest comer of that certain 2.50 acre tract
of land conveyed to Exxon Corporation by instrument recorded under File Number P282860 and Film
Code 162-51-1405 of the Harris County Official Public Records of Real Property and being the most
westerly Southwest comer of said 237.103 acre tract and also being in the East line of that certain 200-
foot wide strip of land called Corridor "520" and conveyed to Exxon Pipeline Company by instrument
recorded under File Number R930140 and Film Code 508-40-1123 of the Hams County Official Public
Records of Real Property;
Thence N 020 28' 20" W 944.80 feet with the West line of said 237.103 acre tract, same being the East
line of said Corridor "520" to a point;
Thence N 87° 31' 40" E 10.00 feet to a 518 inch iron rod set for the Place of Beginning and the Southwest
comer of the herein described tract of land;
Thence N 020 28' 20" W 1589.95 feet to a 5/8 inch iron rod set for an angle point in the West line of this
tract;
A-3
Thence N 06° 22' 21" E 105.57 feet to a 518 inch iron rod set for an angle point in the West line of this
tract;
Thence N 020 28' 20" W 56.21 feet to a 518 inch iron rod set for the beginning of a curve;
Thence 686.74 feet, with the arc of a curve to the right whose chord bears N 39° 27' 03" E 627.08 feet
and having a central angle of 83° 50' 47' and a radius of 469.28 feet, to a 5/8 inch iron rod set for the
Northwest comer of this tract and being in the North line of said 237.103 acre tract, some being the South
fine of that certain 50 foot wide Southern Pacific Transportation Company fee strip recorded under File
Number D867930 and Film Code 161-23-1104 of the Harris County Official Public Records of Real
Property:
Thence N 871 26 45" E 153.63 fleet, with the North line of said 237.103 acre tract, same being the South
line al said 50foot wide fee strip, to a 518 inch iron rod set for the Northeast comer of this tract;
Thence S 800 00' 00" W 163.60 feet to a 518 inch iron rod set for the beginning of a curve;
Thence 646.69 feet, with the are of a curve to the left whose chord bears S 380 45' 50" W 592.29 feet and
having a central angle of 620 26' 20" and a radius of 449.28 feet, to a 518 inch iron rod set for the end of
the curve;
Thence S Or 28' 20" E 57.76 feet to a 5/8 inch iron rod set for an angle point in the East line of this tract;
Thence S 06° 22' 21" W 105.57 fleet to a 5/8 inch iron rod set for an angle point in the East line of this
tract;
Thence S 020 28' 20" E 1588.40 feet to a 518 inch iron rod set for the Southeast comer of this tract;
Thence S 871 31' 40" W 20.00 feet to the Place of Beginning and containing 1.148 acres (49,994 square
feet) of land.
Traci 5
Those certain non-exclusive stone sewer easements appurtenant to subject property granted by
Friendswood Development Company to Hercules Incorporated in instrument dated September 9, 1975,
recorded under Harris County Clerk's Rio No. E542645, and as set forth in Instrument flied of record
under Harris County Clerk's File No. J210668.
a MIDIT 8 N
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.)
13
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"EXHIBIT Cu
Page 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 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.
1 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.
14
NEXHI,BIT C"
Pages 2 of 3
b) The use of earthen berms with approximately 3:1 side
slopes, So 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 (7.01) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (Sol) 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.
15
REXHIBIT 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.
S. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
16
Polyolefins
November 16, 2007
VIA FEDERAL EXPRESS
Mr. John Joerns
Assistant City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Re: Industrial District Agreement
Dear Mr. Joerns:
'-%ECEIVEU
s`
Enclosed please find two (2) copies of the above -referenced agreement executed by Basell USA
Inc. Please arrange for countersignature by the appropriate City of La Porte representative and
return a fully executed copy with original signatures to my attention.
Please contact me if you have any questions.
Sincerely,
Scott Salerni
Associate Counsel
Enclosures
Delaware Corporate Center It
2 Righter Parkway, Suite 300
Wilmington, DE 198D3
Tel: 302,683.8182
Fax: 302.731.3993
scott.salemi@basell.com