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HomeMy WebLinkAbout2007-IDA-31 Ineos Olefins & Polymers USAORDINANCE NO. 2007-IDA-31 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CfTY OF LA PORTS OF AN iNDUSTRfAL DISTRICT AGREEMENT WITH INEOS OLEFINS AND POLYMERS USA, A DELAWARE CORPORATION FOR THE TERM COMMENCING JANUARY 9, 2008, AND ENDING DECEMBER 3'1, 20'19, 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 C1TY COUNCIL O[= THE CITY OF LA PORTS: Section 1. Ineos Olefins and Polymers, a Delaware Corporation has executed an industrial district agreement with the Ci#y of La Porte, fior 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 a!I purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Pane, 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, Chap#er 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and pasting thereof. Section 4. This Ordinance shall be effective from and afiter its passage and approval, and i# is so ordered. 1 PASSED and APPROVED, this 3rd day of ©ecember, 2007. ITY OF LA PORTS Alton Porter, Mayor ATTEST: Ma ha Gillett, City 5e re#~ APPROVED: Knox Asfcins, 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 ,~ias~r~5 L~l~.~`~s ~ ~~i~in~~ ~~~ a ~;.~,~~ ~p~°~ corporation, he einafter called "COMPANY", W I T N E 5 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 adapted 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 ~rT~anr7 ~~ } ; anr7 sai r7 T,anrl }usi n~ mnre partic~,~larly sho.ti7n 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 Distracts 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, 204'1 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: Y. 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. T T 1 1 . 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 55th 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 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. 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. 12.31 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 fallowing percentages {~~Percentage Amount") shall apply during each of the Value Years: Value Year 2008: 6Z% Value Year 2009: 62% Value Year 2010: 62% Value Year 2022: ti2% Value Year 2012: 62% Value Year 2013: 62°s Value Year 2014: 63% Value Year 20].6: 63% Value Year 2026: 63°s 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: 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 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) 0n 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, 2007, 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-five percent (25~), if construction is completed in Value years 2008 through 2013; and Twenty percent (20 a), 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 aL a T~rven.ty 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: i, at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2007; 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 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), ail, 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 an 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 Cade. 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 VTII, Section l--j of the Texas Constitution and Section 13..251 of the Texas Property Tax "Code to taxpayers within fire C~.ty limits, their ttie fieepc~rt inve~itc~.i~y 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 (a.ncluding, 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 {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, 2D08, 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 shah. 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 ~a«;e ex"i.st~d uaiiua~ ~., iy94. 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 G 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 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 far the last preceding year, whichever is higher. 7 1. A Bvard 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 IO 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 ].7i, "General Arbitration", Texas Cavil 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 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 : .~~,'~ 01~ ~i,~ s ~ ~'~+J ~ ~~~~ COMPANY) Attention: ( Department 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 sha11 notify City annually, on or before June 1, of any changes to the following information: 9 Plant Manager Name : SIP`. ~A~~~ ~~ PLC `~ Address : - ~ B . ~~ ~~J f~ P~~-~ C '7 ~ Phone: {7r:3~ 30`x" .35`1 Fax : ~ 7 - ~ 7 .3€~"7 -- .~.~~ ~ Email : ~avaeQ~ i`~; ~cl~°1t`~ i~i~ /Billing Contact Name: Address: Phone: Fax: Email: .~~ ENTERED INTO effective the 1st day of January, 2008. ti _ tcoMPANY) By : ~~-~ Name : °~/~- Title : ~'~~~ Address : ~' ~ ~. / S ~~~ 7 7s :3 ATTEST: Y OF LA P City Secretary Alton E. Porter Mayor APPR /~l~ "~'r"7` Knox W. Askins City Attorney City of La Porte By; Jo Joe~C A istant City Manager P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS § ~~~~~/ § COUNTY OF § is instrument wa 200 by ~~ ~ - ~,c /5J~.1„~r o ,~i ir„o.~~ on behalf of said entity. acknowledged before ~~~~° ~ ~~r~T~' , corporation, a M/ It lR~iAi~i ~~~ ~r ~, ~t~ STATE OF TEXAS § COUNTY OF HARRIS § me on the ~_ day of ~~~ ~~,~~ corporatian, This instrument was acknowledged before me on the 1 7 day of ~~_, 200 '~, by Alton E. Porter, Mayor of the City of La Po te, a municipal corporation, on behal of said entity. Notary Public, State of Texas ~`°~~~`ON p~bsOij~°j''~.. ~C?,~~~,~Y pUB-. ' ~m x: c~ ; ~, vs: ~9TE OF Z~~p . Z' ~~~i v?~PtRE`~. ~'' ~ fir. 1~ "EXHIBIT An (Metes and Bounds Description of Land) 12 "EXHIBIT B" Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 13 °EXHIBIT Cn Page ~. o f 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. • 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 "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 SO' 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. Far 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, extieridir~.g along Company's Fairmont Pari~way boundary, 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 strap 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 "EXHIBIT 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 U ~~ & ~ e ~~ o~~~ ~~~~~~ ~~ ~~ I~ ~ ~~ ~ ~ C ~~~ ~. Ta i~~ ~ FU a q N o ? 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'd: dap ~~g ~qgg g~a °~p ~°~ ~°a: u. ~ ^o se.~3~? _°. -,° -,o _°. _a. ear= .._° ~s3~ ~e~ ..°x :~~: a...,.. sxxy =g€ s~s° x°;4, °,_ ~a~~ xr" ".._ "° "s3 rta, a,~ xe, .s„ STATE OF TEXAS ~ COUNTY OF HARRIS ~ SURVEY OF A 95.1838 ACRE TRACT OF LAND, LOCATED IN THE ARTHUR McCORMICK SURVEY, ABSTRACT 45, HARRIS COUNTY, TEXAS DESCRIPTION of a 96.1838 acre tract of Land out of and a part of that certain called 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and x'ecorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas, located in the ARTHUR McCORMTCK Survey, Abstract 45, Harris County, Texas and being identified as Tract 1 comprised of a 110.0632 acre tract described below Save and Except Tract lA, a 13.8794 acre tract present~.y owned by Metton America Incorporated, described below, and said 96.1838 acre tract is described as follows: NOTE: all bearings and coordinates are grid based on the Texas coordinate system, south central zone, 1983 North American datum, 1995 adjustment, all distances are surface, horizontal. distance; DESCRIPTION OF 110.0532 ACRE TRACT 1 BEGINNING at a point in the centerline of State Highway 134 at the intersection of the centerline of Miller Cutoff Road having state plane coardinates of x = 3,209,318.94 and y - 13,832,375.94, for the northwest corner of that certain 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 118,63 acre tract"), and the PLACE OF BEGINNING of this herein described tract of land, from which found a concrete highway monument with a brass disk bears North 60 degrees 58 minutes 02 seconds East, a distance of 67.05 feet, and found a. broken concrete highway monument bears South 65 JOHN GRIFFIN, Surveyors 31 1 NORTH MAIN! STREET PosT OFFfCE Box 1437 aAVTOra, TEXAS 77535 PHONE 936 258-2639 DESCRIPTION degrees 56 minutes 33 seconds East, a distance of 67.05 feet; THENCE North 87 degrees 28 minutes 45 seconds East, along and with the north line of the Celanese 118.63 acre tract, a distance of 3002.63 feet to a point for the northeast corner of the Celanese 118.63 acre tract, from which found a 3- 1/4 inch aluminum cap stamped "Occidental Chemical Corp." set by JOHN GRTFFTN, Surveyors bears North 20 degrees 56 minutes 8 seconds East, a distance of 31.84 feet, and a found 5/8 inch iron rod bears South 52 degrees 16 minutes 16 seconds West, a distance of 251.25 feet, and set a 3-1/4 inch aluminum cap in concrete bears South 20 degrees 55 minutes 27 seconds West, a distance of 32.71 feet; THENCE South 20 degrees 56 minutes 27 seconds West, along and with the east line of the Celanese 118.53 acre tract, a distance of 2006.38 feet to a 3-1/4 inch aluminum cap in concrete set at the northeast corner of the 2.4520 acre tract conveyed to Humble Pipe Line Company by deed dated December 16, 1958, recorded in Volume 7952, Page 203, of the Deed Records of Harris County, Texas (the "Humble Pipe Line Company 2.45 acre tract"), from which set a 3-1/4 inch aluminum cap in concrete bears South 20 degrees 56 minutes 27 seconds West 86.58 feet; THENCE South 87 degrees 33 minutes 54 seconds West, along and with the north Tine of the Humble Pipe Line Company 2.4520 acre tract, a distance of 2145.96 feet to a point for the northwest corner of the Humble Pipe Line Company 2.9520 acre tract in the east right-of-way line of State Highway 139 from which found a copper-weld rod bears South 87 degrees 33 minutes 54 seconds West, a distance of 0.53 feet; ~i~HEivCE South 2 degrees 27 minutes i5 seconds East, along and with the east right--of-way line of State Highway 134, at a distance of 50.03 .feet pass a copper-weld rod found 0.42 feet right, in all a total distance of 79.46 feet to a point for the so~zthwest corner of the 1.4593 acre tract conveyed to Humble Pipe Line Company by deed dated December 16, 1968, and recorded in Volume 7452, Page 203 of the Deed Records of Harris County, Texas, from Tract 1 and 1A -- Page 2 TractlR2 1/21/2002 3:45 PM DESCRIPTION which a found copper-weld rod bears South 87 degrees 33 minutes 54 seconds West, a distance of 0.47 feet; THENCE South 87 degrees 33 minutes 54 seconds West, a distance of 60.00 feet to a point in the center-line of State Highway 134 and the west line of the Celanese 118.63 acre tract; THENCE North 2 degrees 27 minutes 15 seconds West, along and with the west line of the Celanese 118.63 acre tract, a distance of 1916.68 feet to the PLACE OF BEGINNING containing 110.0632 acxes; SAVE ANTS EXCEPT THE FOLLOWING DESCRIBED 13.$794 ACRE TRACT 1A TO FIND the place of beginning, COMMENCE at the northwest corner of the Celanese 118.63 acre tract also being the northwest corner of the above described 110.0632 acre tract; THENCE North 87 degrees 28 minutes 45 seconds East, a distance of 676.14 feet to a point in the north line of the Celanese 118.63 acre tract; THENCE South 2 degrees 31.zn.inutes 15 seconds East, a distance of 145.00 feet to a found iron rod at the most northern northeast corner of the 9.88 acre tract conveyed to Solvay Polymers, Inc., by deed dated September 19, 1997, and recorded in County Clerk's k'ile 5650925 of the Official Public Records of Harris Gounty, Texas (the "Solvay 9.88 acre tract"),having state plane coordinates of x = 3,210,000.24 and y = 13,832,260.9:7, for the PLACE OF BEGINNING of this herein described tract of land; THENCE North 87 degrees 28 minutes 45 seconds East, a distance of 1279.04 feet to a found 3-inch fence post for the northeast corner of the 3.40 acre tract conveyed to Hercules, Inc., by deed dated November 30, 1981, and recorded in County C~.erk's File H275719 of the Official Public f~ecords of Harris County, Texas (the "Hercules 3.40 acre tract"), from which found a 5/8-inch iron rod bears South 87 degrees 31 minutes 59 seconds West, a distance 124.76 feet; Tract 1 and lA -- Page 3 TractlR2 1/21/2002 3:45 PM DESCRIPTION THENCE South 2 degrees 27 minutes 90 seconds East, along and with the east line of the Hercules 3.40 acre tract, a distance of 529.37 feet to a 3-1/2 inch bxass disk set in concrete for the southeast corner of the Hercules 3.4fl acre tract; THENCE South 87 degrees 32 minutes 20 seconds West, along and with the south line of the Hercules 3.40 acre tract, a distance of 280.00 feet to a punch mark in a 6 inch by 6 inch steel plate set for the southwest corner of the Hercules 3.40 acre tract and the southeast corner of the 20.36 acre tract conveyed to Hercules Inc., by deed dated November 30, 1981, and recorded in County Clerk's File H275719 of the Official Public Records of Harris County, Texas (the ~~Hercules 20.36 acre tract"}; THENCE Sauth 87 degrees 28 minutes 45 seconds West, along and with the south line of the Hercules 20.36 acre tract, a distance of 666.31 feet to a 3-1/4 inch aluminum cap in concrete set in the south line of the Hercules 20.36 acxe tract for the southeast corner of the Solvay 9.88 acre tract; THENCE along and with the Solvay 9.88 acre tract the following three (3} courses: 1} North 2 degrees 11 distance of 217.18 iron rod with cap; minutes 42 seconds West, a feet to a found 5/8-inch Tract 1 and 1A -- Page 4 TractlR2 1/21/20D2 3:45 PM DESCRIPTION 2) South 87 degrees 29 minutes 33 seconds West, a distance of 335.19 feet to a found 5/8-inch iron rod with cap; 3) North 2 degrees 11 minutes 42 seconds West, a distance of 311.81 feet to the PLACE OF BEGINNING containing 13.8799 acres; TRACT 1 SAVE AND. EXCEPT TRACT lA CONTAINING IN ALL A TOTAL AREA OF 96.1$38 ACRES. This description is based on the ALTA/AGSM Land Title Survey and plat made by JOHN GRIFFIN, Surveyors as shown on drawing C-990-15313-D-1. SURVEYED September and October 2001 By John P. Griffin Registered Professional Land Surveyor No. 2b32 Tract 1 and 1A -- Page 5 TractlR2 1/21/2002 3:95 PM STATE OF TEXAS ~ COUNTY OF HARRIS ~ SURVEY OF A 0.1132 ACRE TRACT LOCATED IN THE ARTHUR MCCORMICI{ SURVEY, ABSTRACT NUMBER 45, IiARR2S COUNTY, TEXAS Description of a 0.1132 acre tract out of and a part of that certain called 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of" the Deed Records of Harris County, Texas, located in the ARTHUR McCORMICK SURVEY, Abstract 46, Harris County, Texas, and-said 0.1132 acre tract is described as follows: NOTE: all bearings and coordinates are grid, based on the Texas coordinate system, south aentral zone, 1983 North American datum, 1995 adjustment, all distances are surface, horizontal distance; TO FIND the place of beginning, COMMENCE at a point .far the northeast corner of the 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 118.63 acre tract"}, from which found a 3-1/4 inch aluminum cap stamped "Occidental Chemical Corp." set by JOHN GRIFFIN, Surveyors bears North 20 degrees 56 minutes 8 seconds East, a distance of 31.89 feet, and found a 5/8 inch iron rod bears South 52 degrees 16 minutes 16 seconds West, a distance of .251.25 feet, and set a 3-1/4 inch aluminum cap in concrete bears South 20 degrees 56 minutes 27 seconds West, a distance of 32.71 feet; THENCE South 20 degrees 56 minutes 27 seconds West, a distance of 2092,96 feet to a 3-1/4 inch aluminum cap in concrete set in the east line of the Celanese 118.63 acre tract for the southeast JOHN GRIFFIN, Szuveyors 3 )1 NORTH MAIN STREET POST OFFICE BOx 1437 DAYTON, TEXAS 77535 PHONE 936 258-2639 DESCRIPTION corner of the 1.4593 acre tract conveyed to Humble Pipe Line Company by deed dated December 16, 1958, and recorded in Volume 7452, Page 203 of the Deed Records of Harris County, Texas the "Humble Pipe Line Company 1.4593 acre tract"), having state plane coordinates of x = 3,211,569.89 and y = 13,830,553.98, for the PLACE OD BEGINNING of this herein described tract of land; THENCE continuing South 20 degrees 56 minutes 27 seconds West, along and with the east line of the Celanese 118.63 acre tract, a distance of 58.88 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE along and with the north line of a 2.74 acre tract conveyed to the Harxzs County Houston Ship Channel Navigation District by deed dated March 14, 1957, and recorded in Volume 3691, Page 595 of the Deed Records of Harris County, Texas, the following two (2) courses: 1) North 71 degrees 22 minutes 05 seconds West, a distance of 58.91 feet to a 3-1/4 inch aluminum cap set in concrete for the point of curve of a curve to left, having a radius of 491.85 feet and a central angle of 21 degrees 04 minutes 00 seconds; 2} Along the arc of said curve, a distance of 1$0.84 feet to the point of tangent of said curve, said arc subtended by a chord bearing North 81 degrees 54 minutes 5 seconds West, a distance of 179.83 feet, to a PK nail set in railroad tie in the south line of the Humble Pipe Line Company 1.4593 acre tract; THENCE North 87 degrees 33 minutes 54 seconds East, along and with the south line of the Humble Pipe Line Company 1.4593 acre tract, a distance of 255.16 feet to the PLACE OF BEGINNING containing U.1132 acres. Tract 2 -- Page 2 Tract2R2 1/22/2002 4:16 PM DESCRIPTION This description is based on the ALTA/AGSM Land Title Survey and plat made by JOHN GRIFFIN, Surveyors as shown on drawing C-990-89535-D-1. SURVEYED September and October 2001. By John P. Griffin Registered Professional Land Surveyor Na. 2032 Tract 2 -- Page 3 Tract2R2 1/22/2002 9:16 PM STATE OF 'T'EXAS ~ COUNTY OF HARRIS ~ SURVEY OF A 41.9321 ACRE TRACT, LOCATED TN THE ARTHUR McCORMICK SURVEY, ABSTRACT 4S, HARRIS COUNTY, TEXAS Description of a 41.9321 acre tract out of and a part of that certain called 96.86 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Farris County, Texas, located in the ARTHUR McCORMTCK SURVEY, Abstract 46, Harris County, Texas, and said 41.9321 acre tract is described as follows: NOTE: all bearings and coordinates are grid based on the Texas coordinate system, south central zone, 1983 North American datum, 1.995 adjustment, all distances are surface, horizontal distance; BEGINNING at a point for the northwest corner of the 96.86 acre tract described in Deed from Phillips Petroleum Company to Celanese Cor-paration of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 96.86 acre tract"), in the centerline of State Highway x.34 having state plane coordinates of x - 3,209,407.60 and y = 13,830,295.58, from which set 3--1/4 inch aluminum cap in concrete stamped "10' O/S" bears North 87 degrees 33 minutes 54 seconds East, a distance of 70.00 feet, said point being the PLACE OF BEGINNING of this herein described tract of land; THENCE North 87 degrees 33 minutes 54 seconds East, along and with the north line of the Celanese 96.86 acre tract, a distance of 2099.85 feet to a 3-1/4 inch aluminum cap in concrete set for the northeast corner of the Celanese 96.86 acre tract and the southeast corner of a 3.541 acre tract described in Deed from Belle A. Crapo, JOHN GRIFFIN, Surveyors 31 1 FORTH fV1AIN STREET PosT QFFlCE Box 1437 flAYTtii~E, TEXAS 77535 PHONe 436 258-2639 DESCRIPTION et. al. to Houston fighting and Power Company, dated March 10, 1952, and recorded in Volume 2491, Page 525 of the Deed Records of Harris County, Texas; THENCE South 20 degrees 56 minutes 27 seconds west, along and with the east line of the Celanese 96.86 acre tract, a distance of 823.09 feet to a 3-1/4 inch aluminum cap set in concrete for the paint of curve of a non-tangent curve to the left, having a radius of 530.87 feet and a central angle of 16 degrees 43 minutes 42 seconds; THENCE along the arc of said curve a distance of 154.99 feet, said arc subtended by a chord bearing South 42 degrees 48 minutes 49 seconds West, a distance of 154.44 feet to the point of tangent of said curve, a 3 inch brass disk set in concrete; THENCE South 34 degrees 26 minutes 58 seconds West, a distance of 75.82 feet to a 3-1/2 inch brass disk set in concrete for the point of curve of a curve to the right, having a radius of 510.87 feet and a central angle of 6 degrees 52 minutes 32 seconds; THENCE along the arc of said curve a distance of 61.31 feet said arc subtended by a chord bearing South 37 degrees 53 minutes 14 seconds west, a distance of 61.27 feet for the point of tangent of said curve, a 31/2 inch brass disk set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 31.74 feet to a 3-inch brass disk set in concrete; THENCE North 2 degrees 27 minutes 30 seconds West, a distance of 41.00 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE North 87 degrees 32 minutes East, a distance of 21.00 feet to a aluminum cap set in concrete; THENCE North 33 degrees 30 minutes East, a distance of 38.30 feet to a aluminum cap set in concrete; Tract 9 -- Page 2 30 seconds 3-1/4 inch 51 seconds 3-1/4 inch Tract4R2 1/21/2002 4:42 PM DESCRIPTION THENCE North 2 degrees 27 minutes 30 seconds West, a distance of 85.50 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 42.50 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE North 2 degrees 27 minutes 30 seconds West, a distance of 34.00 feet to a set 3-1/4 inch aluminum cap; THENCE North 87 degrees 32 minutes 30 seconds East, a distance. of 3.00 feet to a set 3-1/9 inch aluminum cap; THENCE North 2 degrees 27 minutes 30 seconds West, a distance of 80.00 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 113.00 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 66.50 feet to a set 3-1/4 inch aluminum cap; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 42.00 feet to a 3-1/2 inch brass disk set zn concrete; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 128.00 feet to a 3-1/2 inch brass disk set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 385.09 feet to a 3-1/2 inch brass disk set in concrete; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 220.00 feet to a 3-1/2 inch brass disk set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 751.08 feet to a 3-1/4 inch aluminum cap set in concrete; Tract 4 -- Page 3 Tract4R2 1/21/2002 4:42 PM DESCRIPTION THENCE North 2 degrees 27 minutes 30 seconds West, a distance of 260.03 feet to a 3-1/2 inch brass disk set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 259.20 feet to a point in centerline of State Highway 134 and the west line of the Celanese 96.86 acre tract from which set a 3-1/2 inch brass disk in concrete bears North 87 degrees 32 minutes 30 seconds East, a distance of 60.00 feet, THENCE North 2 degrees 27 minutes 15 seconds West, along and with the west line of the Celanese 96.86 acre tract, a distance of 854.28 feet to the PLACE OF BEGINNING containing 41.9321 acres. This description is based on the ALTA/AGSM Land Title Survey and plat made by JOHN GRIFFIN, Surveyors as shown on drawing C-990-89535-D-1. SURVEYED September and October 2001 By John P. Griffin Registered Professional Land Surveyor No. 2032 Tract 4 -- Page 4 Tract4R2 1/21/2002 4:42 PM STATE OF TEXAS § CO[TNTY OF HARRIS ~ SURVEY OF A 1.0301 ACRE TRACT, LOCATED IN THE ARTHUR McCORMICI~ SURVEY, ABSTRACT 45, HARRIS COUNTY, TEXAS Description of a 1.0301 acre tract of land out of and a part of that certain called 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas located in the ARTHUR McCORM3CK Survey, Abstract 46, Harris County, Texas, and said 1.0301 acre tract is described as follows: NOTE: all bearings and coordinates are grid based on the Texas coordinate system, south central zone, 1983 North American datuz'a, 1.995 adjustment, all distances are surface, horizontal distance; TO FIND the place of beginning, COMMENCE at a point in the centerline of State Highway 7.34 at the intersection of Miller Cutoff Road for the northwest corner of the 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 118.63 acre tract"), from. which found a concrete highway monument with a brass disk bears North 60 degrees 58 minutes 02 seconds East, a distance of 67.05 feet, and found a broken concrete highway monument bears South 65 degrees 56 minutes 33 seconds East, a distance of 6"/.U5 feet; THENCE South 02 degrees 27 minutes 15 seconds East, a distance of 2007.51 feet to a point in the center-line of State Highway 134 having state plane coordinates of x = 3,209,404.39 and y = 13,830,370.50, for the southwest corner of the Celanese 11.8.63 acre tract, the southwest JOHN GRIFFIN, Surveyors 31 1 h1QRTH MAIN STREET Posr C?FFICE Box 1437 DAYTON, TIXAS 77535 PHONE 436 258-2639 DESCRIPTION corner of this herein described tract of land and the PLACE OE BEGINNING, from which set a 3-1/4 inch aluminum cap in concrete bears North 87 degrees 33 minutes 59 seconds East, a distance of 60.fl0 feet; THENCE North 02 degrees 27 minutes 15 seconds West, along and with the west line of the Celanese 118.63 acre tract, a distance of 21.81 feet to a point in centerline of State Hzghway 134 from which found a copper-weld rod bears North 87 degrees 33 minutes 54 seconds East, a distance of 58.98 feet; THENCE North 87 degrees 33 minutes 54 seconds East, a distance of 2022.17 feet to a 3-1/4 inch aluminum cap set in concrete for the point of curve of a curve to the right, having a radius of 435.85 feet and a central angle of 7 degrees O1 minute 34 seconds; THENCE along and with the south line of the 2.74 acre tract conveyed to the Harris County Ship Channel Navigation District by deed recorded in Volume 3691, Page 595 of the Deed Records of Harris County, Texas (the "Harris County Ship Channel Navigation District 2.74 acre tract") the following two (2) courses: 1} Along the arc of said curve a distance of 53.42 feet to the point of tangent of said curve, said arc subtended by a chord bearing South 74 degrees 52 minutes 53 seconds East, a distance of 53.45 feet to a 3-1/4 inch aluminum cap set in concrete; 2) South 71 degrees 22 minutes 05 seconds East, a distance of 15.85 feet to a 3-1/4 inch aluminum cap in concrete set in the south line of the Celanese 118.63 acre tract for the most southern southwest corner of the Harris County Houston Ship Channel Navigation District 2.74 acre tract; THENCE South 87 degrees 33 minutes 54 seconds West, along and with the south line of the Celanese 11$.63 acxe tract, a distance of 2087.88 feet to the PLACE OF BEGINNING containing 1.0301 acres. Tract 3 -- Page 2 Tract3R2 1/21/2002 4:35 PM DESCRIPTION This description is based on the AZTA/AGSM Land Title Survey and plat made by JOHN GRIFFIN, Surveyors as shown an drawing C-990-89535-D-1 SDRVEYED September and October, 2001 By John P. Griffin Registered Professional Land Surveyor No. 2032 Tract 3 -- Page 3 Tract3R2 1/21/2002 4:35 PM STATE OF TEXAS ~ COUNTY OF HARRTS ~ SURVEY OF A 45.4892 ACRE TRACT LQCATED IN THE ARTHUR McCORMICK SURVEY, ABSTRACT 46, HARRIS COUNTY, TE3iAS Description of a 45.4892 acre tract out of .and a part of that certain called 96.86 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas, located in the ARTI-iUR McCORMICK SURVEY, Abstract 46, Harris County, Texas, and said 45.4892 acre tract is described as follows: NOTE: all bearings and coordinates are grid based an the Texas coordinate system, south central zone, 1983 North American datum, 1995 adjustment, all distances are surface, horizontal distance; BEGINNING at a 3-1/4 inch aluminum cap set in concrete at the position of a 5/8 inch iron rod found as described at the northeast corner of the 3.7585 acre tract conveyed to Diamond Shamrock Corporation, by deed dated March 31,1978, and recorded at County Clerk's File Number F539214 of the Official Public Records of Harris County, Texas (the "Diamond ,Shamrock Corporation 3.7585 acre tract"), having state plane coordinates of x = 3,210,567.21 and y = 13,827,933.20, in the east line of the 96.86 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 96.86 acre tract"}, for the PLACE OF BEGINNING of this herein described tract of land, from which found a concrete monument for the southeast corner of the Celanese 96.86 acre tract bears South 20 degrees 56 minutes 27 seconds West, a distance of 472.30 feet; jDHN GRIFFIN, Surveyors X11 NORTH MAIN $TREET PosT OFFICE BOx 1437 DAYtoN, TEXAS 77535 P~orsE 936 258-2639 DESCRIPTION T~iENCE South 87 degrees 10 minutes 00 seconds West, along and with the north line of the Diamond Shamrock Corporation 3.7585 acre tract, a distance of 1057.47 feet to a point in the centerline of State Highway 134 and the west line of the Celanese 96.86 acre tract from which set a 3-1/4 inch aluminum cap in concrete in the east xight- of-way line of State Highway 134 bears North 87 degrees 10 minutes 00 seconds East, a distance of 60.00 feet; THENCE North 2 degrees 27 minutes 16 seconds West, along and with the west line of the Celanese 96.86 acre tract, a distance of 1562.84 feet to a point in centerline of State Highway 134 from which set a 3-1/2 inch brass disk in concrete in the east right-of-way line of State Highway 134 bears North 87 degrees 32 minutes 30 seconds East, a distance of 60.00 feet; THENCE North 87 degrees 32 minutes 30 seconds East, a distance of 259.20 feet to a 3-1/2 inch brass disk set in concrete; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 260.03 feet to a 3--1/4 inch aluminum cap set in concrete; THENCE North 87 degrees 32 minutes 30 seconds East, a distance of 751.08 feet to a 3-1/2 inch brass disk set in concrete; THENCE North 2 degrees 27 minutes 30 seconds Vest, a distance of 220.00 feet to a 3-1/2 inch brass disk set in concrete; THENCE North 87 degrees 32 minutes 30 seconds East, a distance of 385.04 feet to a 3-1/2 inch brass disk set in concrete; THENCE North 2 degrees 27 minutes 30 seconds GVest, a distance of 128.00 feet to a 3-1/2 inch brass disk set in concrete; THENCE North 87 East, a distance aluminum cap; Tract 5 -- Page 2 degrees 32 minutes 30 seconds of 42.00 feet to a set 3-1/4 .inch Tract5R2 1/21/2002 6:21 PM DESCRIPTION THENCE North 2 degrees 27 minutes 30 seconds West, a distance of 66.5D feet to a 3-1/4 inch aluminum cap set in concrete; THENCE North 87 degrees 32 minutes 30 seconds East, a distance of 113.00 feet to a 31/4 inch aluminum cap set in concrete; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 80.00 feet to a set 3-1/4 inch aluminum cap; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 3.00 feet to a set 3-1/4 inch aluminum cap; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 34,00 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE North 87 degrees 32 minutes 30 seconds East, a distance of 42.50 feet to a 31/4 inch aluminum cap set in concrete; THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 86.50 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE South 33 degrees 30 minutes 51 seconds West, a distance of 38.30 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 21.00 feet to a 3-1/4 inch aluminum cap set in concrete; THENCE South 2 degrees 27 minutes 3D seconds East, a distance of 41.00 feet to a 3~inch brass disk set in concrete; THENCE North 87 degrees 32 minutes 30 seconds East,a distance of 31.74 feet to a 3-1/2 inch brass disk set in concrete for the point of curve of a non-tangent curve to the left, having a radius of 510.87 feet and a central angle of 6 degrees 52 minutes 32 seconds; THENCE along the arc of said curve a distance of 61.31 feet to the point of tangent of said curve, Tract 5 -- Page 3 Tract5R2 1/21/2002 6:21 PM DESCRIPTION said arc subtended by a chord bearing North 37 degrees 53 minutes 19 seconds East, a distance of 61.27 feet to a 3-1/2 inch brass disk set in concrete; THENCE North 34 degrees 26 minutes 58 seconds East, a distance of 75.82 feet to a 3 inch brass disk set in concrete for the point of curve of a curve to the right, having a radius of 530.87 feet and a central angle of 15 degrees 43 minutes 42 seconds, to a 3 inch brass disk set in concrete; THENCE along the arc of said curve a distance of 154.99 feet to the point of tangent of said curve, said arc subtended by a chord bearing North 42 degrees 48 minutes 49 seconds East, a distance of 154.44 feet to a 3-1/4 inch aluminum cap set in concrete in the east line of the Celanese 96.86 acre tract; THENCE South 20 degrees 56 minutes 27 seconds west, along and with the east line of the Celanese 95.86 acre tract, a distance of 1802.15 feet to the PLACE OF BEGINNING containing 45.4892 acres, This description is based on the ALTA/AGSM Land Title Survey and plat made by JOHN GRTFFTN, Surveyors as shown on drawing C-990-89535~D-1. SIIRVEXED September and October, 2001 By Jahn P. Griffin Registered Professional Land Surveyor No. 2032 Tract 5 -- Page 4 Tract5R2 1/21/2002 6:21 PM STATE OF 'TEXAS ~ COUNTY OF HARRIS ~ SURVEY OF A 144.350I TRACT OF LAND, LOCATED IN THE ARTHUR McCORMICK SURVEY, ABSTRACT 46, HARRIS COUNTY, TEXAS L3escription of a 144.3601 acre tract being a Resurvey of the following two (2} tracts of land: 1. that certain caked 00.00 acre tract of land described in Deed from Diamond Shamrock Corporation to Soltex Polymer Corporation, dated March 30,1978, and recorded in County Clerk's File No. E'539215 of the Official Public Records of Harris County, 'Texas 2. that certain 89.3273 acre tract of land described in Deed from Occidental Chemical Corporation to Solvay Polymers, Incorporated, dated December 29,1998, and recorded in County Clerk's File T469224 of tha Official Public Records of Harris County, Texas located in the ARTHUR McCORMICK SURVEY, Abstract 46, Harris County, Texas, and said 144.3601 acre tract is described as follows: NOTE: all bearings and coordinates are grid based on the Texas coordinate system, south central zone, 1983 North American datum, 1995 adjustment, all distances are surface, haxizontal distance; BEGINNING at a 3-1/4 inch aluminum cap set over a Sl~i inch iron rod found as described for the southwest corner of the 50.40 acre tract conveyed to Soltex Polymer Corporation, by deed dated March 30, 1978, and recorded under County Clerk's File Number F539215 of the Official Public Records of Real Property of Harris County, Texas (the "Soltex 60.00 acre tract"}, having state plane coordinates of x = 3,210,732.19 and y = 13,827,941.42, the southwest corner of this JOHN GRIFFIN, 5uxveyors 31 1 NORTH MAIN STREET PosT OFF[CE Box 1437 DAYTON, TEXAS 77535 PHONE 936 258-2634 DESCRIPTION herein described tract of land and the PLACE 0~' BEGINNING; THENCE along and with the 5oltex 60.00 acre tract the following four {4) courses: 1) North 20 degrees 55 minutes 55 seconds East, a distance of 2359.53 feet to a 3-1/4 inch aluminum cap set over a found 5/$ inch iron rod; 2) North 77 degrees 11 minutes 21 seconds East, a distance of I76.64 feet to a 3-1/4 inch aluminum cap set over a found 5/8 inch iron rod; 3) North 87 degrees 32 minutes 16 seconds East, at a distance of 1314.52 feet found a 5/8 inch iron rod, in all a total distance of 1771.08 feet to a 3-1/4 inch aluminum cap set over a found 5/8 inch iron rod; 4) South 2 degrees 27 minutes 44 seconds East, a distance of 149.98 feet to a 3-1/4 inch aluminum cap set in concrete for the most eastern southeast corner of the Soltex 60.OD acre tract in the north line of the 84.32 acre tract described in Deed from Occidental Chemical Corporation to Solvay Polymers, Incorporated, dated December 29,1998, and recorded in County Clerk`s File T464224 of the Official Public Records of Harris County, Texas (the "Solvay 84.3273 acre tract"); THENCE along and with the Solvay 84.3273 acre tract the following six (6) courses: 1) North 87 degrees 32 minutes 16 seconds East, a distance of 247.$5 feet to a 3-1/4 inch brass disk stamped "Occidental Chemical Corp. TXH--S" set and described by JOHN GRIFFIN, Surveyors in Deed to the Solvay $4.32 acre tract; 2) South 47 degrees 42 minutes 51 seconds East, a distance of 391.80 feet to a 3-1/4 inch aluminum cap set in concrete; Tract 6 -- Page 2 Tract6R2 1/22/2002 3:13 PM DESCRIPTION 3} South 2 degrees 59 minutes 37 seconds East, a distance of 1741.67 feet to a found 3--1/4 inch brass disk stamped "Occidental Chemical Corp. TXH-1"; 4) South $7 degrees 07 minutes 57 seconds West, a distance of 59.99 feet to a reset 3-1/4 inch brass disk stamped "Occidental Chemical. Corp. TXH-2" for a re-entrant corner; 5) South 2 degrees 52 minutes 03 seconds East, a distance of 2.00 feet to a found 3-1/4 inch brass disk stamped "Occidental Chemical Corp. TXH-3"; 6) South $7 degrees 07 minutes 57 seconds West, a distance of 2222.11 feet to a found 3-1/4 inch brass disk stamped "Occidental Chemical Corp. TXH-4" located in the most southern east line of the Soltex F0.00 acre tract for a re-entrant corner; THENCE along and with the Soltex 60.00 acre tract the following two (2} courses: ~.} South 20 degrees 55 minutes 55 seconds West, a distance of 3.85 feet to a found 4 inch brass disk at the most southern southeast corner of the Soltex 60.00 acre tract; 2} South $7 degrees 07 minutes 31 seconds West, a distance of 1190.44 feet to the PLACE OF BEGINNING containing 144.3601 acres of land. This description is based an the ALTA/AGSM Land Title Survey and plat made by JOHN GRIFFIN, Surveyors as shown on drawing C-990-89535-D-1. SURVEYED September and October 2001 By John P. Griffin Registered Professional Land Surveyor No. 2032 Tract 6 -- Page 3 Tract6R2 1/22/2002 3:13 PM