HomeMy WebLinkAbout2007-IDA-133 Enterprises Refined Products Company, LLCNO. 2007-IDA-2
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STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and ENTERPRISE REFINED PRODUCTS
COMPANY, LLC, a Delaware Limited Liability 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, 2007
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:
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.S. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the -'in lieu"
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of city's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
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.
ITT.
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, 2013, 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"). The City and the Company have agreed to compromise on a
claim for overpayment of "in lieu" taxes by the Company in the
amount of $97,845.77, by providing for a credit in the amount of
the overpayment, which shall remain in possession of City (the
"Credit"). The parties agree that payment obligations of the
Company under subsection C of this Paragraph III shall first be
satisfied by application of the unused portion of the Credit,
until the Credit has been fully offset against such payment
obligations.
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value
Year
2013:
62%
Value
Year
2014:
63%
Value
Year
2015:
63%
Value
Year
2016:
63%
Value
Year
2017:
63e
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:
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, 2013,
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 Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City 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, 2013, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years, following completion of
construction in progress, an amount equal to
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 2016 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
Agreement at a Twenty percent (20%) valuation
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:
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i. at least Five percent (596) of the total
appraised value of Land and improvements, on
January 1, 2013; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2013,
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, 2013, value; and
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,
2013, 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.
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
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
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 is 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.
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 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 ist day
of January, 2013, 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.
M
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, 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 beer, 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
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
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.
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 by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
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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: ENTERPRISE REFINED PRODUCTS
COMPANY LLC
Attention: Property Tax
Department
P.O. Box 4018
Houston, Texas 77210
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
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billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
Plant Manager
Name: Enterprise Refined Products Company LLC
ATTN: Sean R. Snell, Plant Manager
Address: 4227 Decker Drive
Baytown, Texas 77520
Phone: 281-424-6803
Fax:
Email: srsnell@eprod.com
Tax Agent/Billing Contact
Name:
Enterprise Refined Products Company LLC
ATTN:
Chris Cisneros, Tax Agent
Property Tax Department
Address:
P.O. Box 4018
Houston, Texas 77210
Phone:
713-381-2895
Fax:
281-887-7098
Email:
ccisneros@eprod.com
ENTERED INTO effective the 1st day of January, 2013.
ENTERPRISE INED PRODUCTS
CO LL
By:
Name•
Title: Vice PmideM
Address: t 4 SiN.IA .S,f2ec-4
�u SfBy �f 77..os
EST: CITY RTE, TEXAS
By:
City Secretag�yL
Ma o
APPROVED:
�az�By: N
Knox W. Askins Corby Alexander
City Attorney City Manager
City of La Porte
10
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
This instrument was acknowledged before me on the /a�,4ay of
2013, by A-1VEr?PeaM of ENTERPRISE REFINED PRODUCTS
MPANY, LLC, a Delaware limited liability company, on behalf of
said entity.
TAMEUF.BUTLER Notary PPj Public, State of Texas
My CommW n Expires Y
16, zou
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the � day of
2013, by Louis R. Rigby, Mayor of the CITY OF LA
P TEO TEXAS, a municipal corporation, on be alf of ;aidentity.
'
vr
N tary Public, State of Texas
YVONNE GARRISON
W COMM16610N EXPIRES
S b„gr',fi' OM*20,2013
11
S.R. Bertron Power Plan,
REF. Map SRB TANK411
PARCEL SRB TANK. C01
EXHIBIT A -/
Page 1 of 3
83,212 ACRES
Description of 83.212 acres (3,624,700 square feet) located in the S.R. Bertron Power
Plant situated in the A. McCormick Survey, A - 46, Harris County, Texas, being out of a
called 462.852 acre tract described in a deed to Texas Genco recorded in Harris County
Clerk's File Number W 048257 of the Official Public Records of Real Property of Harris
County, Texas.
All bearings herein refer to the Texas Coordinate System of 1927, South Central
Zone, as defined in the Texas Natural Resources Code, Section 21,et, seq. with the
coordinates based on 3/4 inch iron pipe having grid coordinates of Northing
(Y) = 705877.35 and Easting (X) = 3248200.59 found at an angle point on the
northeasterly right-of-way line of Miller Cut -Off Road (60' R.O.W.) recorded in Volume
181, Page 514, H.C.D.R. and the common survey line of the A. McCormick Survey,
A - 46 and the W.J. Harris Survey, Abstract 29 of Harris County, Texas and being the
southwesterly corner of a 400 acre tract recorded in Volume 2643, Page 148 of the
H.C.D.R. and the position of a 3/4 Inch iron pipe found having a bearing of North 38
degrees 06 minutes 34 seconds West, a distance of 2544.56 feet on the northeasterly
right-of-way line of Miller Cut -Off Road having a grid value of Northing (Y) = 707879.27
and Easting (X) = 3246630.36. These values were determined from the S.R. Benton
Power Plant East-West baseline monument system with a Lambert bearing of North 80
degrees 00 minutes 00 seconds West and a plant coordinate value of N 0.00, E 0.00
having grid coordinates of X = 3251825.00 and Y = 708085.00 as provided by Reliant
K"SaskSuMPMjec T3024802A-01220051EGALl RS Tank -001revl.tloo
S.R. BoA .n Power Plant
REF. Map SRB TANK-0i
PARCEL SRB TANK. CO1
EXHIBIT -kl )
Page 2 of 3
83.212 ACRES
Energy H L& P. All distances shown hereon are surface. To convert to a grid distance
multiply by the applied scale factor of 0.9998861. Said 83,212 acres is described by
metes and bounds as follows:
BEGINNING at a found 3/4 inch iron rod with plastic cap stamped "Reliant Energy
H L & P" having grid coordinates of X = 3251477.05 and Y = 706398.90 found at an
angle point of a called 42.0877 acre tract in a deed to Humble Pipeline Company
recorded under Harris County Clerk's File Number C347984 of the Official Public
Records of Real Property of Harris County, Texas, from which a found brass disk in
concrete stamped HPL 113 bears South 49 degrees 20 minutes 13 seconds West, 1.28
feet and from which a found brass disk in concrete being plant baseline monument N
0.00, W 205, bears North 04 degrees 31 minutes 10 seconds East a distance of
1628.19 feet and a found brass disk in concrete being plant baseline monument N 0.00,
W 3450 bears North 53 degrees 09 minutes 08 seconds West, a distance of 3810.96
feet;
THENCE, South 87 degrees 00 minutes 39 seconds West, with the north line of said
42.0877 acre tract, a distance of 2,130.78 feet to a 5/8 inch Iron rod with plastic cap
stamped "Carter & Burgess" set for corner;
THENCE, North 26 degrees 37 minutes 36 seconds West, departing said north line, a
distance of 700.07 feet to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess" set for corner,
THENCE, South 63 degrees 23 minutes 30 seconds West, a distance of 19.63 feet
passing a mag nail with washer stamped "Carter & Burgess" set for the northwest
corner of SRB TANK-G07, in all a total distance of 276.19 feet to a chain link fence
corner;
THENCE, North 26 degrees 28 minutes 59 seconds West, a distance of 295.70 feet to a
chain link fence corner;
THENCE, North 61 degrees 43 minutes 48 seconds East, a distance of 56.26 feet to a
chain link fence corner;
THENCE, North 67 degrees 34 minutes 37 seconds East, a distance of 515.08 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
K:\SdskSuwlProjecfs 03024802VA-012_2005LLEGALISRB Tank - C01.1.dw
S.R. Bertron Power Plant
REF, Map SRS TANK-01
PARCEL SRB TANK. CGi
EXHIBITg'
Page 3 of 3
83.212 ACRES
THENCE, North 81 degrees 01 minutes 30 seconds East, a distance of 283.12 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, South 08 degrees 58 minutes 30 seconds East, a distance of 63,42 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 87 degrees 59 minutes 28 seconds East, a distance of 549.25 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for comer;
THENCE, North 66 degrees 30 minutes 59 seconds East, a distance of 1175.20 feet to
a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 67 degrees 49 minutes 45 seconds East, a distance of 456.07 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for comer;
THENCE, North 62 degrees 48 minutes 24 seconds East, a distance of 285.24 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, South 90 degrees 00 minutes 00 seconds East, a distance of 505.09 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, South 30 degrees 32 minutes 13 seconds East, a distance of 298.20 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner in the west
line of said 42.0877 acre tract;
THENCE, South 34 degrees 24 minutes 09 seconds West, with the west line of said
42.0877 acre tract, a distance of 1688.91 feet to the POINT OF BEGINNING and
containing 83.212 acres of land.
A Survey drawing was prepared by Carter & Burgess, Inc. in conjunction with this metes
and bounds description.
�CU�
A�ony R. Pcock ¢ of rF
Registered Professional Land Surveyor 9 14 q a+gym
Texas Registration No. 5047 : o�:a•P�, '
Carter &Burgess, Inc. 3u47 c
Date: April 11, 2005 1 ''eseka .�
Job No. 030248.012.1.0002 do auP4�
Revised June 28, 2005
K:\S kSaNPoPlfte103024802\A-012_20050.EGALSRB Tank -001rev1.d.
S.R. Sartron Power Plant
REF. Map SRB TANK-02
PARCEL SRB TANK. G02
EXHIBIT �!J
Page 1 of 5
9.536 ACRES
Description of 9.536 acres (415,397square feet) located in the S.R. Bertron Power Plant
situated in the A. McCormick Survey, A - 46, Harris County, Texas, being out of a called
462.852 acre tract described in a deed to Texas Genco recorded in Harris County
Clerk's File Number W 048257 of the Official Public Records of Real Property of Harris
County, Texas.
All bearings herein refer to the Texas Coordinate System of 1927, South Central
Zone, as defined in the Texas Natural Resources Code, Section 21,et, seq. with the
coordinates based on 3/4 inch iron pipe having grid coordinates of Northing
i = 705877.35 and Easting (X) = 3248200.59 found at an angle point on the
northeasterly right-of-way line of Miller Cut -Off Road (60' R.O.W.) recorded in Volume
181, Page 514, H.C.D.R. and the common survey line of the A. McCormick Survey,
A - 46 and the W.J. Harris Survey, Abstract 29 of Harris County, Texas and being the
southwesterly corner of a 400 acre tract recorded in Volume 2643, Page 148 of the
H.C.D.R. and the position of a 3/4 inch iron pipe found having a bearing of North 38
degrees 06 minutes 34 seconds West, a distance of 2544.56 feet on the northeasterly
right-of-way line of Miller Cut -Off Road having a grid value of Northing (Y) = 707879.27
and Easting (X) = 3246630.36. These values were determined from the S.R. Bertron
Power Plant East-West baseline monument system with a Lambert bearing of North 80
degrees 00 minutes 00 seconds West and a plant coordinate value of N 0.00, E 0.00
having grid coordinates of X = 3251825.00 and Y = 708085.00 as provided by Reliant
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S.R. BerVon Power Plant
REF. Map SRS TANK-02
PARCEL SRB TANK- CO2
EXHIBIT -j[:/b
Page 2 of 5
9.536 ACRES
Energy H L& P. All distances shown hereon are surface. To convert to a grid distance
multiply by the applied scale factor of 0.9998861. Said 9.536 acres is described by
metes and bounds as follows:
COMMENCING at a found 3/4 inch iron rod with plastic cap stamped "Reliant Energy
H L & P" having grid coordinates of X = 3251477.05 and Y = 706398.90 found at an
angle point of a called 42.0877 acre tract in a deed to Humble Pipeline Company
recorded under Harris County Clerk's File Number C347984 of the Official Public
Records of Real Property of Harris County, Texas, from which a found brass disk in
concrete stamped HPL 113 bears South 49 degrees 20 minutes 13 seconds West, 1.28
feet and from which a found brass disk in concrete being plant baseline monument N
0.00, W 205, bears North 04 degrees 31 minutes 10 seconds East a distance of
1628.19 feet and a found brass disk in concrete being plant baseline monument N 0.00,
W 3450 bears North 53 degrees 09 minutes 08 seconds West, a distance of 3810.96
feet;
THENCE, North 02 degrees 16 minutes 37 seconds East, a distance of 2798.18 feet to
a chain link fence comer for the POINT OF BEGINNING of the herein described tract
having grid coordinates of X= 3251575.22 and Y= 709208.33;
THENCE, North 82 degrees 26 minutes 15 seconds West, a distance of 37.38 feet to an
angle point on the centerline of a concrete wall;
THENCE, South 10 degrees 11 minutes 15 seconds West, continuing with the
centerline of a concrete wall, a distance of 9.69 feet to an angle point on the centerline
of a concrete wall;
THENCE, South 53 degrees 11 minutes 54 seconds West, continuing with the
centerline of a concrete wall, a distance of 18.83 feet to an angle point on the centerline
of a concrete wall;
THENCE, North 80 degrees 14 minutes 53 seconds West, continuing with the centerline
of a concrete wall, a distance of 458.18 feet to an angle point on the centedine of a
concrete wall;
THENCE, North 50 degrees 17 minutes 00 seconds West, continuing with the centerline
of a concrete wall, a distance of 18.91 feet to an angle point on the centerline of a
concrete wall;
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S.R. Partial Power Plant
REF. Map SRB TANK42
PARCEL SRB TANK-0O2
EXHIBIT A,N
Page 3 of 5
9,536 ACRES
THENCE, North 80 degrees 13 minutes 27 seconds West, continuing with the centedine
of a concrete wall, a distance of 110.50 feet to an angle point on the centedine of a
concrete wall;
THENCE, North 09 degrees 54 minutes 44 seconds East, departing the centerline of a
concrete wall, a distance of 155.24 feet to a 518 inch iron rod with plastic cap stamped
"Carter & Burgess" set for corner;
THENCE, North 79 degrees 50 minutes 09 seconds West, a distance of 39.80 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for comer;
THENCE, North 10 degrees 09 minutes 51 seconds East, a distance of 48.88 feet
passing a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for the
beginning of SRB TANK — G08 being the centerline of a 40' wide Ingress and Egress
Easement, in all a total distance of 68.88 feet to a 5/8 inch iron rod with plastic cap
stamped "Carter & Burgess" set for corner;
THENCE, North 82 degrees 28 minutes 03 seconds West, a distance of 82.58 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 09 degrees 57 minutes 56 seconds East, a distance of 56.40 feet to a
518 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 78 degrees 59 minutes 24 seconds West, a distance of 171.63 feet to a
518 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 11 degrees 18 minutes 13 seconds East, a distance of 51.18 feet to a
5/8 Inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 57 degrees 08 minutes 53 seconds East, a distance of 94.24 feet to a
5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set for corner;
THENCE, North 81 degrees 17 minutes 30 seconds East, a distance of 42.82 feet to an
angle point on the centedine of a concrete wall;
THENCE, South 21 degrees 38 minutes 57 seconds East, continuing with the centerline
of a Concrete wall, a distance of 24.10 feet to an angle point on the centedine of a
concrete wall;
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S.R. Bertron Power Plant
REF, Map SRB TANK-02
PARCEL $RB TANK. CO2
EXHIBIT v
Page 4 of
9.536 ACRES
THENCE, South 79 degrees 52 minutes 12 seconds East, continuing with the centerline
of a concrete wall, a distance of 286.98 feet to an angle point on the centerline of a
concrete wall;
THENCE, North 15 degrees 23 minutes 01 seconds East, departing the centerline of a
concrete wall, a distance of 23.82 feet to an angle point on the north deed line of said
462.852 acre tract;
THENCE, North 40 degrees 26 minutes 08 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 75.20 feet to an angle point in water;
THENCE, South 81 degrees 03 minutes 52 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 200.00 feet to an angle point in water;
THENCE, North 72 degrees 29 minutes 08 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 106.50 feet to an angle point in water;
THENCE, North 29 degrees 51 minutes 08 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 75.10 feet to an angle point in water;
THENCE, South 83 degrees 39 minutes 52 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 34.70 feet to an angle point in water;
THENCE, North 67 degrees 17 minutes 08 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 70.50 feet to an angle point in water;
THENCE, North 68 degrees 25 minutes 08 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 96.50 feet to an angle point in water;
THENCE, South 13 degrees 32 minutes 52 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 42.10 feet to an angle point in water;
THENCE, South 79 degrees 56 minutes 52 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 112.20 feet to an angle point in water;
THENCE, South 85 degrees 32 minutes 52 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 39.80 feet to an angle point;
THENCE, South 73 degrees 07 minutes 52 seconds East, continuing with said north
deed line of the 462.852 acre tract, a distance of 46.33 feet to an angle point;
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S.R. Beaw Power Part
REF. Map SRB TANK-02
PARCEL SRB TANK-0O2
EXHIBIT' 7-
Page 5 of 5
9.536 ACRES
THENCE, South 39 degrees 48 minutes 09 seconds East, departing said north deed
line of the 462.852 acre tract, a distance of 8.48 feet passing a 5/8 inch iron rod with
plastic cap stamped "Carter & Burgess" set for comer of SRB TANK — G08 being the
end of the centerline of a 40' wide Ingress and Egress Easement, in all a total distance
of 28.48 feet to a chain link fence comer;
THENCE, South 46 degrees 00 minutes 58 seconds West, continuing with said chain
link fence line, a distance of 428.17 feet to a chain link fence comer;
THENCE, South 10 degrees 27 minutes 05 seconds West, continuing with said chain
link fence line, a distance of 267.74 feet to the POINT OF BEGINNING and containing
9.536 acres of land.
A Survey drawing was prepared by Carter & Burgess, Inc. in conjunction with this metes
and bounds description.
�Z/
P Anthony R. cock
Registered Professional Land Surveyor
Texas Registration No. 5047
Carter& Burgess, Inc.
Date: April 11, 2005
Job No. 030248.012.1.0002
Revised June 29, 2005
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"EXHIBIT C"
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:
Q 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.
Q One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights -of -way.
cL Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
Cr Freestanding identification signs shall not exceed 45
feet in height.
(Z 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.
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"EXHIBIT C"
Page 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,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (501) 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.
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"EXHIBIT C"
Page 3 of 3
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.
Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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