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HomeMy WebLinkAbout2007-IDA-53 NRG Texas Power LLC- San JacintoORDINANCE NO. 2007-IDA-53 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NRG TEXAS POWER LLC — SAN JACINTO, A DELAWARE LIMITED LIABILITY COMPANY FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. NRG Texas Power LLC — San Jacinto, a Delaware Limited Liability Company has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 17th day of December, 2007. CITY OF to PORTE Alton Porter, Mayor ATTEST: Martha Gillett, City Secretary APPROVED: Knox Askins, City Attorney NO. 2007-IDA-5 '�� § E E I V E D STATE OF TEXAS NOV 26 2007 COUNTY OF HARRIS § La Porte Tax Office INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of 11irris Count , Texas, hereinafter called "CITLY'" ,', ai(� -d Nge_xa s nwey-_ LM a �elciu�ct��- L+hi n, 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 Distract 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 Tetras, 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 t"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 1 NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows; I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement, Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land loot 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 11C" 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. 11. 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.H. 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 lieuff 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. 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, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). C. Company and City agree that the following percentages ("Percentage Amount") shall apply during each of the Value Years; Value Year 2008: 62% Value Year 2009: 62% Value Year 2010: 62% Value Year 2011: 62, Value Year 2012: 62% Value Year 2013: 62% Value Year 2014: 63% Value Year 2015: 639 Value Year 2016: 63% Value Year 2017: 630 Value Year 2018; 63% Value Year 2019: 630-- 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) 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, 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 (250), if construction is completed in Value years 2008 through 2013; and Twenty percent (20%), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property 'Tax Code. In the case of new construction which is completed in Value Year 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: i. at least Five percent (50) 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), oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2008, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts which would be so payable with respect to any Substantial increase in value of such tangible personal property to which subparagraph 2, above applies), had been within the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City,s ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VTTi, 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 I-n, of the Texas Constitution and section 11.253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. if Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until. December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal. Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31., 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. V1. 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 9 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 valuation -a statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 �. 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 lien" 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. Vill. 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 band, 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, farm, 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. Xl. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. X11. 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: . . !nLD,:-)K Ltd -- (COMPANY) Attention: � 1�1 De artment ©l am CD Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address. Company shall notify City annually, on or before June 1, of any changes to the following information: Q7 Plant Manager Name: 01AQ1D 1714V IS Addre s s : 194 a c, P_ Phone: 1�� '- LLB' Fax: ,.�.-.. Email: IQ tS N at2C�`�+ Tax Agent/Billing Contact Name: Address: Phone: Fax: Emai l Mr ;, DM ENTERED INTO effective the 1st day of January, 2008. 1 exQs Vywe-,r, 1.-L-C a , .i (COMPANY) By : Name. atai2 0 _ l E L Title: SECJ2E Address: t:inl inAea, ,5 ATTEST: (G� B City Secretary 7APP!9 Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 281.471.1886 281.471.2047 fax knoxaskins@comcast.net E t City Manager CITY 00 LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 ;X 3qc) 10 STATH OF TEXAS COUNTY OF HARRIS § This instrument was acknowledged before me on the day of rvmvarrneM zoa—L, by . E:bMUx1D-Dt4Nja , 5J O—RF� of is `TKY,65 IJER&,� corporation, a ��r� L f © on behalf of said entity. 1i0tary Public, State of Texas ;'o�**r►�%`+ HERL1NDA CARRANCO Notary Public, State of Texas My Commission Expires September 07, 2011Rol gag== STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the ) 0-�X—day of 'jj;(,L 1,1 P L , 2 0 DJ_, by Alton E . Porter, mayor of the GIty of La Porter a mun>✓'pal corporation, on behalf of said entity. Notary'Public, State of Texas MARTHA GILLETt My i r�ssian Expires August 22. 2009 owl "EXHIBIT AD (Metes and Bounds Description of Land) 12 SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 1 TRACT "1 " Page 1 of 3 Description of 2.685 acres of land in the Enoch Brinson League, Abstract 5, Harris County, Texas, being partly out of the residue of an 822.154-acre tract recorded in Volume 1318, Page 364 of the Deed Records of Harris County, Texas, and partly out of the residue of a called 97.477-acre tract recorded under Clerk's File No. C631829 of the Official Public Records of Real Property of Harris County and being all of a called 2.685-acre tract recorded under Clerk's File No. W048247 of the Official Public Records of Real Property of Harris County, Texas: All coordinates and bearings herein refer to the Texas Coordinate System of 1983, South Central Zone as defined in the Texas Natural Resources Code, and based on the position of H.G.C.S.D. 42 (1986), having published coordinates of N (Y) = 13,823,622.030 and E (X) = 3,216,990.899 U.S. Survey Foot with an applied scale factor of 0.9998839. Said 2.685 -acre tract is described by metes and bounds as follows: COMMENCING at a % inch iron pipe found at the southwest corner of said 97.477-acre tract, having coordinates of N (Y)= 13,820,895.82 and E (X)= 3,223,298.68 same being the southwest corner of a 250-foot wide easement described as Way No. 2 recorded in File D332601 and Film Code 129-23-2583 of the Official Public Records of Real Property of Harris County, Texas and also on the east line of Sens Road (60 feet wide), from which a found 3/4 inch iron pipe bears North 58 degrees 48 minutes 36 seconds West, a distance of 0.82 feet and from which a found 3/4 inch iron rod bears North 72 degrees 01 minutes 34 seconds West, a distance of 1.17 feet; THENCE, North 86 degrees 55 minutes 32 seconds East, a distance of 2,482.03 feet along the south line of said 97.477-acre tract, same being the south line of said 250-foot wide easement, to a point; THENCE, North 03 degrees 04 minutes 28 seconds West, a distance of 301.31 feet to a J:1Surveying\POWER PLANTS1San JacintolSAN_JACiNTO_Cd DATAILEGALITract 1 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 1 TRACT "'I" Page 2 of 3 chain link fence post found for the POINT OF BEGINNING having coordinates of N (Y)= 13,821,329.76 and E (X)= 3,225,760.69, said point being the southeast corner of Tract 1 and said 2.685- acre tract; THENCE, South 86 degrees 53 minutes 39 seconds West, with the south line of Tract 1 and said 2.685- acre tract, a distance of 265.00 feet to a found iron rod with aluminum cap stamped HL&P; THENCE, North 86 degrees 15 minutes 30 seconds West, continuing with said south line, a distance of 60.40 feet to a R.R. spike found for a common corner of Tract 1, and a 7.306-acre tract referred to as Tract 3; THENCE, North 00 degrees 00 minutes 00 seconds East, with the common line of said Tract 1 and 3, a distance of 22.33 feet to a 3/4 inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 90 degrees 00 minutes 00 seconds West, with said common line, a distance of 7.05 feet to a 3/4 inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 03 degrees 02 minutes 05 seconds West, with said common line, at 87.50 feet passing the southeast corner of a called 0.155-acre tract referred to as Tract 2, at 245.2-5 feet passing the northeast corner of said Tract 2, at 289.33 feet passing the southwest corner of Tract 4, for a total distance of 364.33 feet to a 3/ inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for a common corner of Tract 1 and 4 in the north line of said 2.685- acre tract; THENCE, North 86 degrees 53 minutes 39 seconds East, with said north line at 130.00 feet passing the northeast corner of said Tract 4, for a total distance of 190.37 feet to a found iron rod with aluminum cap stamped HL&P for corner; THENCE, South 63 degrees 06 minutes 22 seconds East, a distance of 96.00 feet to a found iron rod with aluminum cap stamped HL&P for the most northerly northeast corner of the herein described tract and said 2.685- acre tract; THENCE, South 03 degrees 06 minutes 21 seconds East, at 20.40 feet passing the common line of said 97.477-acre tract with said 822.154 acre tract, for a total distance of 145.00 feet to a found iron rod with aluminum cap stamped HL&P for an interior corner; J:1Surveying\POWER PLANTSISan Jac! ntolSAN_JACINTO_CD_DATAILEGAL1Tract 1 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-N-5E TRACT 1 TRACT "'I " Page 3 of 3 THENCE, North 86 degrees 53 minutes 39 seconds East, a distance of 56.83 feet to a found iron rod with aluminum cap stamped HL&P for corner; THENCE, South 03 degrees 06 minutes 24 seconds East, a distance of 201.21 feet to the POINT OF BEGINNING and containing 2.685 acres of land. A survey drawing with Map Number 14-H-5E was prepared by Carter & Burgess, Inc. in conjunction with this metes and bounds description. Anthony R. Peacock Registered Professional Land Surveyor Texas Registration No. 5047 Carter & Burgess, Inc. Date: September 7, 2004 Job No. 030248.011.1.0005 J:1SurveyinglPOWER PLANTSISan JacintolSAN_JACINTO_CD_DATAILEGAL1Tract 1 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 2 TRACT "2" Page 1 of 3 Description of 0.155 acres of land in the Enoch Brinson League, Abstract 5, Harris County, Texas, being out of a called 7.306-acre tract recorded in Clerk's File No. W048248 of the Official Public Records of Real Property of Harris County, Texas and partly out of the residue of a called 97.477-acre tract recorded under Clerk's File No. C631829 of the Official Public Records of Real Property of Harris County and being out of a called 7.306-acre tract referred to as Tract 3, and being all of a called 0.155 acre tract recorded under Clerk's File No. W048250 of the Official Public Records of Real Property of Harris County attached hereto and being a part hereof; All coordinates and bearings herein refer to the Texas Coordinate System of 1983, South Central Zone as defined in the Texas Natural Resources Code, and based on the position of H.G.C.S.D. 42 (1986), having published coordinates of N (Y) = 13,823,622.030 and E (X) = 3,216,990.899 U.S. Survey Foot with an applied scale factor of 0.9998839. Said 0.155 -acre tract is described by metes and bounds as follows: COMMENCING at a 3/4-inch iron pipe found at the southwest corner of said 97.477- acre tract, having coordinates of N (Y)= 13,820,895.82 and E (X)= 3,223,298.68 same being the southwest corner of a 250-foot wide easement described as Way No. 2 recorded in File D332601 and Film Code 129-23-2583 of the Official Public Records of Real Property of Harris County, Texas and also on the east line of Sens Road (60 feet wide), from which a found 3/4-inch iron pipe bears North 58 degrees 48 minutes 36 seconds West, a distance of 0.82 feet and from which a found 3/4-inch iron rod bears North 72 degrees 01 minutes 34 seconds West, a distance of 1.17 feet, - THENCE, North 86 degrees 55 minutes 32 seconds East, a distance of 2,482.03 feet along the south line of said 97.477-acre tract, same being the south line of said 250-foot wide easement, to a point; J:1Surveying\POWER PLANTS\San Jacinto\SAN_JACINTO_CD_DATA\LEGAL1Tract 2 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref, Map 14-H-5E TRACT 2 TRACT "2" Page 2 of 3 THENCE, North 03 degrees 04 minutes 28 seconds West, a distance of 301.31 feet to a chain link fence post found for the southeast corner of Tract 1 and a 2.685-acre tract recorded under Clerk's File No. W048247 of the Official Public Records of Real Property of Harris County, Texas; THENCE, South 86 degrees 53 minutes 39 seconds West, with the south line of said Tract 1 and said 2.685- acre tract, a distance of 265.00 feet to a found iron rod with aluminum cap stamped HL&P; THENCE, North 86 degrees 15 minutes 30 seconds West, continuing with said south line, a distance of 60.40 feet to a R.R. spike found for a common corner of Tract 1, and a 7.306-acre tract referred to as Tract 3; THENCE, North 00 degrees 00 minutes 00 seconds East, with the common line of said Tract 1 and 3, a distance of 22.33 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 90 degrees 00 minutes 00 seconds West, with said common line, a distance of 7.05 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 03 degrees 02 minutes 05 seconds West, with said common line, a distance of 87.50 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for the POINT OF BEGINNING having coordinates of N (Y)= 13,821,429.05 and E (X)= 3,225,424.17; THENCE, North 70 degrees 33 minutes 36 seconds West, a distance of 52.41 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 02 degrees 50 minutes 58 seconds West, a distance of 121.74 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 68 degrees 34 minutes 19 seconds East, a distance of 50.62 feet to a broken PK nail with shiner found for corner on the common line of said Tract 1 and 3; THENCE, South 03 degrees 02 minutes 05 seconds East, with said common line, a distance of 157.75 feet to the POINT OF BEGINNING and containing 0.155 acres of land. J:ISurveying\POWER PLANTSIsan Jacinto\SAN_JACINTO CD_DATA1LEGAL1Tract 2 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 2 TRACT "2" Page 3 of 3 A survey drawing with Map Number 14-H-5E was prepared by Carter & Burgess, Inc. in conjunction with this metes and bounds description. Anthony R. Peacock Registered Professional Land Surveyor Texas Registration No. 5047 Carter & Burgess, Inc. Date: September 7, 2004 Job No. 030248.011.1.0005 J:1SurveyinglPOWER PLANTS15an2acintolSAN_JACINTO_CD_DATAILEGAL1Tract 2 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 3 TRACT "3" Page 1 of 3 Description of 7.306 acres of sand in the Enoch Brinson League, Abstract 5, Harris County, Texas, being partly out of the residue of an 822.154-acre tract recorded in Volume 1318, Page 364 of the Deed Records of Harris County, Texas, and partly out of the residue of a called 97.477-acre tract recorded under Clerk's File No. C631829 of the Official Public Records of Real Property of Harris County and being all of a called 7.306-acre tract recorded in Clerk's File No. W048248 of the Official Public Records of Real Property of Harris County, Texas: All coordinates and bearings herein refer to the Texas Coordinate System of 1983, South Central Zone as defined in the Texas Natural Resources Code, and based on the position of H.G.C.S.D. 42 (1986), having published coordinates of N (Y) = 13,823,622.030 and E (X) = 3,216,990.899 U.S. Survey Foot with an applied scale factor of 0.9998839. Said 7.306-acre tract is described by metes and bounds as follows: COMMENCING at a 3/4-inch iron pipe found at the southwest corner of said 97.477- acre tract, having coordinates of N (Y) = 13,820,895.82 and E (X)= 3,223,298.68 same being the southwest corner of a 250-foot wide easement described as Way No. 2 recorded in File D332601 and Film Code 129-23-2583 of the Official Public Records of Real Property of Harris County, Texas and also on the east line of Sens Road (60 feet wide), from which a found 3/4-inch iron pipe bears North 58 degrees 48 minutes 36 seconds West, a distance of 0.82 feet and from which a found 3/4-inch iron rod bears North 72 degrees 01 minutes 34 seconds West, a distance of 1.17 feet; THENCE, North 86 degrees 55 minutes 32 seconds East, a distance of 2482.03 feet along the south line of said 97.477-acre tract, same being the south line of said 250-foot wide easement, to a point; THENCE, North 03 degrees 04 minutes 28 seconds West, a distance of 301.31 feet to a J:ISurveying\POWER PLANTS1San JaclntolSAN_JACINT0TCD_DATAILEGAL1Tracf 3 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 3 TRACT "3" Page 2 of 3 chain link fence post found for the southeast corner of Tract 1 and a 2.685-acne tract recorded under Clerk's Pile No. W048247 of the Official Public Records of Real Property of Harris County; THENCE, South 86 degrees 53 minutes 39 seconds West, with the south line of Tract 1 and said 2.685-acre tract, a distance of 265.00 feet to a found iron rod with aluminum cap stamped HL&P; THENCE, North 86 degrees 15 minutes 30 seconds West, continuing with said south line, a distance of 60.40 feet to a R.R. spike found for a common corner of Tract 1, and a 7.306-acre tract referred to as Tract 3, and the POINT OF BEGINNING having coordinates of N (Y)= 13,821,319.34 and E (X)= 3,225,435.84; THENCE, North 86 degrees 15 minutes 30 seconds West, with the south line of said Tract 3, a distance of 100.72 feet to a 5/8-inch iron rod with cap stamped "Carter & Burgess" set for corner; THENCE, South 86 degrees 53 minutes 39 seconds West, a distance of 540.00 feet to a found iron rod with aluminum cap stamped HL&P for the southwest corner of the herein described tract and said Tract 3; THENCE, North 51 degrees 40 minutes 56 seconds West, at 463.30 feet passing the common line of said 94.477-acre tract with said 822.154 —acre tract, for a total distance of 566.79 feet to a found iron rod with aluminum cap stamped HL&P for the northwest corner of said Tract 3; THENCE, North 86 degrees 53 minutes 39 seconds East, with the north line of Tract 3, a distance of 1,059.63 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for the common corner of Tract 1, 3, and 4; THENCE, South 03 degrees 02 minutes 05 seconds East, at 75.00 feet passing the southwest corner of said tract 4, at 119.08 feet passing the northeast corner of a called 0.155-acre tract referred to as Tract 2, at 276.83 feet passing the southeast corner of said Tract 2, for a total distance of 364.33 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, South 90 degrees 00 minutes 00 seconds East, a distance of 7.05 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, South 00 degrees 00 minutes 00 seconds West, a distance of 22.33 feet to J:1SurveyinglPOWER PLANTS\San Jacinto\SAN_JACINTO_CD_DATAILEGAL1Tract 3 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-SE TRACT 3 TRACT "3" Page 3 of 3 the POINT OF BEGINNING and containing 7.306 acres of land. A survey drawing with Map Number 14-H-5E was prepared by Carter & Burgess, Inc. in conjunction with this metes and bounds description. Anthony R. Peacock Registered Professional Land Surveyor Texas Registration No. 5047 Carter & Burgess, Inc. Date: September 7, 2004 Job No. 030248.011.1.0005 J:1Surveying\POWER PLANTSISan Jacinto\SAN_JACINTOTCD_DATAILEGALTract 3 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 94-N-5E TRACT 4 TRACT "4" Page 1 of 3 Description of 0.224 acres of land in the Enoch Brinson League, Abstract 5, Harris County, Texas, being out of a called 2.685-acre tract (referred to as Tract 1) recorded under Clerk's File No. W048247 of the Official Public Records of Real Property of Harris County, Texas and partly out of the residue of a called 97.477-acre tract recorded under Clerk's File No. C638129 of the Official Public Records of Real Property of Harris County and being partly out of the residue of an 822.154-acre tract recorded in Volume 1318, Page 364 of the Deed Records of Harris County, Texas, and all of a called 0.224 acre tract recorded under Clerk's File No. W048250 of the Official Public Records of Real Property of Harris County, Texas; All coordinates and bearings herein refer to the Texas Coordinate System of 1983, South Central Zone as defined in the Texas Natural Resources Code, and based on the position of H.G.C.S.D. 42 (1986), having published coordinates of N (Y) = 13,823,622.030 and E (X) = 3,216,990.899 U.S. Survey Foot with an applied scale factor of 0.9998839, Said 0.224 -acre tract is described by metes and bounds as follows: COMMENCING at a 3/4-inch iron pipe found at the southwest corner of said 97.477- acre tract, having coordinates of N (Y)= 13,820,895.82 and E (X)= 3,223,298.68 same being the southwest corner of a 250-foot wide easement described as Way No. 2 recorded in File D332601 and Film Code 129-23-2583 of the Official Public Records of Real Property of Harris County, Texas and also on the east line of Sens Road (60 feet wide), from which a found 3/4-inch iron pipe bears North 58 degrees 48 minutes 36 seconds West, a distance of 0.82 feet and from which a found 3/4-inch iron rod bears North 72 degrees 01 minutes 34 seconds West, a distance of 1.17 feet; J:ISurveying\P0WER PLANTSISan Jacinto\SAN JACTNTO CD DATAILEGAL1Tract 4 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-N-5E TRACT 4 TRACT "4" Page 2 of 3 THENCE, North 86 degrees 55 minutes 32 seconds East, a distance of 2482.03 feet along the south line of said 97,477-acre tract, same being the south line of said 250-foot wide easement, to a point; THENCE, North 03 degrees 04 minutes 28 seconds West, a distance of 301.31 feet to a chain link fence post found for the southeast corner of said Tract 1; THENCE, South 86 degrees 53 minutes 39 seconds West, with the south line of said Tract 1, a distance of 265.00 feet to a found iron rod with aluminum cap stamped HL&P; THENCE, North 86 degrees 15 minutes 30 seconds West, continuing with said south line, a distance of 60.40 feet to a R.R. spike found for a common corner of Tract 1, and a 7.306-acre tract referred to as Tract 3; THENCE, North 00 degrees 00 minutes 00 seconds East, with the common line of said Tracts 1 and 3, a distance of 22.33 feet to a 3/4-Inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 90 degrees 00 minutes 00 seconds West, with said common line, a distance of 7.05 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, North 03 degrees 02 minutes 05 seconds West, with said common line, a distance of 289.33 feet to a P. K. nail with shiner found for the POINT OF BEGINNING of the herein described tract having coordinates of N (Y)= 13,821,630.56 and E (X)= 3,225,413.48; THENCE, North 03 degrees 02 minutes 05 seconds West, with said common line, a distance of 75.00 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for a common corner of Tracts 1, 3, and 4 in the north line of said Tract 1; J:1Surveying\POWER PLANTS\San Jacirito\SAN JACINTO C➢ DATAILEGAL1Tract 4 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 4 TRACT "4" Page 3 of 3 THENCE, North 86 degrees 53 minutes 39 seconds East, with said north line, a distance of 130.00 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner; THENCE, South 03 degrees 02 minutes 05 seconds East, a distance of 75.00 feet to a 5/8-inch iron rod with plastic cap stamped "Carter & Burgess" set for corner; THENCE, South 86 degrees 53 minutes 39 seconds West, a distance of 130.00 feet to The POINT OF BEGINNING and containing 0.224 acres of land. A survey drawing with Map Number 14-H-5E was prepared by Carter & Burgess, Inc. in conjunction with this metes and bounds description. Anthony R. Peacock Registered Professional Land Surveyor Texas Registration No. 5047 Carter & Burgess, Inc. Date. September 7, 2004 Job No. 030248.011.1.0005 J:1Surveying\POWER PLANTS1San Jacinto\SAN JACINTO CD DATAILEGAL\Tract 4 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 5 (Revised 8/31101) TRACT "5" Page 1 of 2 Description of 1.174 acres of land in the Enoch Brinson League, Abstract 5, Harris County, Texas, being out of the residue of a called 97.477-acre tract recorded under Clerk's File No. C631829 of the Official Public Records of Real Property of Harris County and being all of a called 1.174-acre tract recorded in Clerk's File No. W048250 of the Official Public Records of Real Property of Harris County, Texas: All coordinates and bearings herein refer to the Texas Coordinate System of 1983, South Central Zone as defined in the Texas Natural Resources Code, and based on the position of H.G.C.S.D. 42 (1986), having published coordinates of N (Y) = 13,823,622.030 and E (X) = 3,216,990.899 U.S. Survey Foot with an applied scale factor of 0.9998839. Said 1.174 acre tract is described by metes and bounds as follows: COMMENCING at a 3/4-inch iron pipe found at the southwest corner of said 97.477- acre tract, having coordinates of N (Y)= 13,820,895.82 and E (X)= 3,223,298.68 same being the southwest corner of a 250-foot wide easement described as Way No. 2 recorded in File D332601 and Film Code 129-23-2583 of the Official Public Records of Real Property of Harris County, Texas and also on the east line of Sens Road (60 feet wide), from which a found 3/4-inch iron pipe bears North 58 degrees 48 minutes 36 seconds West, a distance of 0.82 feet at a found 3/4-inch iron rod bears North 72 degrees 01 minutes 34 seconds West, a distance of 1.17 feet; THENCE, North 86 degrees 55 minutes 32 seconds East, a distance of 1944.94 feet along the south line of said 97.477-acre tract, same being the south line of said 250-foot wide easement, to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for the POINT OF BEGINNING of the herein described tract having coordinates of N (Y)= 13,821,000.12 and E (X)= 3,225,240.59 on the north line of a called 4.835- J:\Surveying\POWER PLANTS1San Jacinio\SAN JACTA'TQ CD DATAILEGALITract 5 2004 M&b.doc SAN JACINTO ELECTRIC STATION Job No. 13015020P Ref. Map 14-H-5E TRACT 5 (Revised 8/31/01) TRACT "5" Page 2 of 2 acre tract recorded in Clerk's File No. N711448 of the Official Public Records of Real Property of Harris County, Texas; THENCE, North 03 degrees 04 minutes 28 seconds West, a distance of 209.51 feet to a P. K. nail with shiner found for corner on the south side of an asphalt road; THENCE, North 87 degrees 12 minutes 27 seconds East, with said south side of said asphalt road, a distance of 203.59 feet to a Mag nail set for corner THENCE, South 03 degrees 04 minutes 28 seconds East, a distance of 41.47 feet to a 5/8-inch iron rod with cap Stamped "Carter & Burgess" set for corner; THENCE, North 87 degrees 12 minutes 27 seconds East, a distance of 51.36 feet to a 5/8-inch iron rod with cap Stamped "Carter & Burgess" set for corner; THENCE, South 03 degrees 04 minutes 28 seconds East, a distance of 166.79 feet to a 3/4-inch iron rod with plastic cap stamped "Reliant Energy HL&P" found for corner on the south line of said 250- foot wide easement and said north line of a called 4.835 acre tract; THENCE, South 86 degrees 55 minutes 32 seconds West, with the south line of said easement and the north line of said 4.835- acre tract, a distance of 254.95 feet to the POINT OF BEGINNING and containing 1.174 acres of land. A survey drawing with Map Number 14-H-5E was prepared by Carter & Burgess, Inc. in conjunction with this metes and bounds description. Anthony R. Peacock Registered Professional Land Surveyor Texas Registration No. 5047 Carter & Burgess, Inc. Date: September 7, 2004 Job No. 030248.011.1.0005 7:1Surveying%POWER PLANTS1Sau 3acinto\SAN JAC1NTp CD DATAILEGALITract 5 2004 M&b.doc HMIBiT BH 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 BEXHIBIT CO Page I of 3 RULES AND REGULATIONS Any portion of Land constituting a strip of land 1.00' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 1.46 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' strap 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 CO 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 (101) 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. 04.1 "EXHIBIT CO 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 Parameter List. Copy tab: output tab: _-.----___ - _ _Setup tab Color/BMW Color margins Printer: NP BU sows" Scanner: type of original: map lop: 0. W, vinous driver: units of measure: method: Lightness: Graphics 0 "Otto": Left: 6. W, 0. W, "P 9esignjet BOA'S Printer profile: 42 2 BOBPS 42 by "P MP Besigniet Beers Load: about O Saturation: a Right: e.v' unprintable area Product name: Red: Green: a a Use Unprn. area: Print paper border: No No lop: Batton: e_2" 0.2" Product uerslon: Build: n a Blue: 0 quality: Normal Left: 0.2" Component build: ✓` 1Z "lack level: /s Scan quality: Hornet Right e.2'• Scanner model: a Unite level: 235 Print quality: Hot met Media Width: 12.0" Scanner tlrmrare .ersie Sharpen: ,3 Scan DPI: 289 dpi Media profile: C1061A - Bright unite Ink et Scannerfirmrar'e date: DIU,"; a 1'r"int up 1: 309 dpi Roll: flute SHIP t ✓�4 Input size: Rut. Ink Printer Ur igdnal: Yes AccounC local 4, width: 24.6" Enhance Cray: N. Scan Jobs: 22 O height: 36.3'• Descreening: No Print Jobs: 4 O f� `N auto width: Yes Layout: Kornai Copy Jobs: 4 l Auto Length: Yes Tiling / Paneling Scan area: 141.6696 sq.ft output size: t auto Glue narks: Glue No Print area: 91.9226 sq.ft dth:size auto" 31.4 Paper area: 12B_226 sq.ft Height: 36.3• Length: 59.01 local account: Total Auto width: Yes Uuerlap: 0.51• Scan Jobs: 22 2 auto Length: Yes Hosting Print Jobs: 4 LIPPER BUSCf1 Scale: flak optimized: No copy Jobs: 4 rc value: 1eB.B; Spacing: e.s•• scan area: Scant 141.669 sq.ft Q DEED LINE W 5�O,1 p ISLAND area: Papas' area: 97.9226 sq.ft 12s.2P1] sq.R O .r BAY _ - _ ___.________..._.__. ____________. __-_._ .. ___ ____________ i U P STRAND p} kr�{Y t k ff `sAx tir ,6 GRAPHIC SCALE FiJ ( IN FEET ) 1 inch = 200 ft. DEED UNE Fuel Oil Tract 7 3roge Tank Diesel ZONE AETG PIPELINE L.P. Tank one, t ryrye,'.' GTO 63 �D{ W we Fuel Oil ,Storage Tank deal ONf'�l�,o 1 GT 62 ischarge not ZONE AE SR82-PS08-016 I Antenna i e 0. w o 686) U \ �E ti��� ZONE AE LEI 11 Z seal U F— tidy Q FOP aaeai n O E/Bctr] \ pN ran \. •, p s/h/8/an pa v, 6 ��!!a'ttiv' ` Ca�da / \ Access Road 2WI�,X(:haded) TO 62 �— ve Station Tract 1 Boo lVA a ZONE AE 0 Silo GTO E Access Rood TEXAS GENCO ;;Electric Building cro as a / o moo Valve: k Fuel Oil Storage Metering Tank No. 3 Oo Station Hose v° Building Valve Station Tract 6 TG PIPELINE L.P. of Fuel Oil Storage Tank No. 4 Saab e9 0 Fuel Oil Storage Tank No. 5 pia me666) ; �� *kVPS T a/ 9e + cba, P J�g�s606) U I V 7 ON1- �l i /.e+,l TfQEt+ S S GTO 4�1 / ZONE AE 0 a6e6) 0 TEXAS GENCO FOPL VICINITY MAP N.T.S. Y DEED LINE 1 2� V (VO I r•, a 24] Y. v R' o F;}t> o`�� TEXAS GENCO BARNES ISLAND ettrricalal TronsmislOn corridor ZONE AE ONE A f ..+:Ipls;�-•+14kwu :, '\ . � SRB2-PS 8-017 a R82fl­ a=b17 1 , t, 9•. ENCUMBRANCES -GRANTS "10LAI ERS(GRYS) SR82-PSOB-011 CenterPoint Energy Easement Transmission Exhibit "I" C.F. NO. N 048258 08-31-02 SRB2-PS08-012 CenterPoint Energy Easement Else. Service Exhibit "J" C.F. NO. M 048258 0.540 An. 08-31-02 SR132-PS08-013A i 8 CenterPoint Energy Easement Transmission Exhibit "I" C.F. NO. W 048258 08-31-02 SRB2-PS08-014 CenterPoint Energy Easement Elea. Service Exhibit "L" C.F. NO. W 048258 0.019 Ac. 08-31-02 SRB2-PSO8-015 CenterPoint Energy Easement Else. Service Exhibit "N" C.F. 90. W 048250 0.744 Ac. 08-31-02 SRB2-PSOB-016 CenterPoint Energy Easement Microwave Antenna Exhibit "M" C.F. NO. N 048258 1.121 Ac. 08-31-02 SRB2-PSO9-017A CenterPoint Energy Beetinent Rise. Service Exhibit "0" C.F. NO. W 048258 08-31-02 SRB2-PS08-017B CenterPoint Energy Easement Else. Service Exhibit "P" C.F. NO. N 048258 08-31-02 SRB2-PSOB-017C CenterPoint Energy Easement Elea. Service Exhibit "Q" C.S. NO. W 048258 08-31-02 SRB2-PS08-01713 CenterPoint Energy Raeement Klee. Service Exhibit "R" C.F. NO. N 048258 2.776 Ac. 08-31-02 SRB2-PS08-017E CenterPoint Energy Easement Else. Service Exhibit "S" C.F. NO. N 040258 0.481 Ac. 08-31-02 SRB2-PSo8-017F CenterPoint Energy Easement Else. Service Exhibit "I" C.F. NO. N 048258 0.133 Ac. 08-31-02 SR82-PSOB-017G CenterPoint Energy Easement Klee. Service Exhibit "U" C.F. NO. N 049258 08-31-02 N:ASdekSurWPmlecb,\0302430T031935_2006_bndy10101dwglGRIB BERT PSOBEFTO_SHEETSAW9, Model. 20120088:16 A6 AM. Houston HPIO55cIW44P--PS.PW ZONE AE O\ tllve \3NE OF-F'O _.#00 SAN JACINTO BAY ENCUMBRANCES -GRANTS TO OTHERS (GT(rm) .T7 GTO-1 Marren Petrolaun Corp. Easement 11/30/53 V.2698, P. 75 6" Pipeline GTO-2 United Gas Pipe Line Co. Easement 09/23/55 V.3045, P. 265 20" end 4" Pipelines GTO-3 Harris County hauston Ship Easement 11/02/55 V.3576, P. 683 10' Easement for railroad Channel Navigation District GTO-4 Harris County Houston Ship Easement 11/03/55 V.3576, P. 686 Railroad; 2 tracts Channel Navigation District GTO-5 Humble Oil 4 Refining Company Easement 07/20/54 V. 2804, P. 38 10" Pipeline Not Applicable GTO-7 Humble Oil i Refining Company Easement 07/10/64 UNRECODED Pipelines 6 metering stations GTO-8 Harris County Houston Ship Easement 09/01/64 V.6119, P. 568 Railroad; 2 tracts Channel Navigation District C.F. NO. C 186749 GTO-9 Bumble Oil i Refining Company Easement 07/10/64 UNRECOREDE Valve 6 heater site: GTO-11 Humble Pipe Line Co. Easement 07/02/69 V.7285, P. 425 Pipeline / M-12 United Gas Pipe Line Co. Easement 12/26/68 7462, P. 450 6" Pipeline N/A C.F. No. C 838898 GTO-13 Humble Pipe Line Co. Easement 02/09/70 V.7929, P. 484/ C.F. NO. D 070977 12" Pipeline GTO-17 Arco Pipe Line Co. 02/07/77 C.P. NO. F 044540 2 - 6" Pipelines am -is Shell Oil Co. Easement 11/03/77 C.F. NO. F 389455 8" 4: 10" Pipelines GM-19 Shell Oil Co. Easement 10/11/82 C.F. NO. G 358106 Conduit GTO-20 Cayuse Pipeline Inc. Easement 10/11/62 C.F. NO. H 664422 Pipelines c valve GTO-21 Shell Oil Co. Easement 09/28/82 Roadway letter agreement GM-22 Houston Pipe Line Cc Easement 06/02/83 C.P. NO. J 014430 Pipelines 4 metering stations M-23 Onion Carbide Corp. Easement 07/13/83 C.F. NO. J 051226 Pipelines 6 valve site GM-24 Seagull Products Pipeline Easement 11/28/83 C.F. NO, J 362731 Pipelines 6 launching site Company GTO-25 Houston Pipe Line Co. Easement 03/19/85 C.F. NO. J 950419 24" Pipeline 6 surface easement CM-26 Houston Pipeline Co. Easement 12/30/85 C.F. NO. E 352619 50'x100' Valve site C.F. NO. E 515198 Partial release of a 201xIODI valve site GTO-27 Exxon Gas System Inc. Easement 09/16/86 C.P. NO. R 767973 Pipeline hot tap site 6 metering site GM-32 LaPorte Chemicals Corp. Easement 09/01/87 C.F. NO. L 396672 8" pipeline GTO-33 Port of Houston Authority Easement 12/03/87 C.F. NO. L 463878 Borrow pit 4 fill area GTO-34 United Texas Trans - mission Company Easement 12/16/87 C.F. NO. L 498535 Metering site GTO-35 United Texas Trans - mission Company Resistant 03/14/88 C.F. NO. L 622302 20" Pipeline ' GM-36 United Taxes Trans - mission Compauny Easement 05/11/88 C.F. NO. L 696517 Pipeline i valve site M-37 Houston Pipe Line Co. Easement 04/24/89 C.F. NO. M 139905 12.750" Pipeline CM-39 Houston Pipe Line Co. Easement 05/16/89 C.F. NO. M 173961 Pipelines 4 scrubber station site GTO-39 Exxon Pipeline Co. Resonant 05/20/91 C.F. NO. N 132609 6" Pipeline GTO-41 Rinder Morgan Texas Pipeline LP Easement 02/23/02 C.F. NO. V 566173 12.75" Pipeline 4 10'x 10'Value Site GTO-42 Himont O.S.A. INC. Easement 06/26/88 C.F. NO. M 238502 8" Pipeline GTO-43 D-S Splitter Inc. Easement 06/24/92 C.F. NO. N 782230 / V 423280 4 - 8",3 - 10",2 - 12" Pipelines GM-44 Air Products L.P. Easement 10/15/01 C.F. NO, V 427157 / V 423280 1 - 16' ,3 - 10" ,2 - 12" Pipelines OTO-45 Air Products Manufacturing Corp. Easement 02/05/92 C.F. NO. H 531325 1 - 10.75" Pipeline GTO-46 Area Pipe Line Co. Easement 11/18/99 C.F. NO.0 151008 1 - 18" Pipeline 1 - 4" Pipeline GTO-47 Area Pipe Line Co. Easement 07/01/91 C.F. NO.N 449257 8.625" Pipelines GM-48 Coastal Industrial Water Authority basement 09/09/77 C.F. NO. F 289981 Trinity Water Conveyance System GTO-49 Big Three Industrial Gas Inc. Easement 06/07/90 C.F. NO. N 742527 6" Pipeline GTO-50 Teppco redefining 6" pipeline end a surface site - (proposed) GTO-51 Tappet, GP 04/25/03 C.F. NO. W 614254 6" Pipeline GM-52 CenterPoint Energy Easement 08-07-03 Not of Record Temporary 10' Easement Exe. M-53 Shell Pipeline Company 04/28/04 Pending 12.750" GM-54 Dow Hydrocarbons and Resources Inc. 04/29/04 Pending 0.087 Acre Access Road Tract GM-55 Houston Lighting i Power Easement 12/28/98 C.F. NO. T 456370 150' Sanitary Control Easement GTO-56 Houston Lighting 4 Power Easement 12/18/70 V. 8248, P. 256 AREIAL Easement GTO-57 Houston Lighting 4 Power sentiment 12/28/98 C.F. NO. D 809791 AREIAI, Easement M-58 Texaco Chemical Company Easement 09/09/92 C.F. NO. N 851737 6" Pipeline and 10' x 20' valve site GTO-59 TG Pipeline, L.P. Basement 09/15/05 C.F. NO. Y 690076 CENTERLINE of 18" Pipeline GM-60 TG Pipeline, L.P. Easement 08/15/05 C.F. NO. Y 690076 CENTERLINE of 12" Pipeline GW-61 TG Pipeline, L.P. Easement 08/15/05 C.F. NO. Y 690076 METER SITE GW-62 TO Pipeline, L.P. Basement 08/15/05 C.F. NO. Y 690076 CENTERLINE of 8' Aide Pipe Rack GTO-63 TG Pipeline, L.P. Easement 08/15/05 C.P. NO. Y 690074 Roadway Ingress and Egress Easements NOTE GTO 6,10,14-16,28-31, and 40 are no longer in use. I A L TA /A C S M LAND TITLE NOTE 1. The subject tract is subject to the terms, conditions and provisions of Ordinance No 85-1878 of the City of Houston, as recorded under Harris County Clerk's No. N253086, and amendments thereto, pertaining to the platting and replotting of real property and the establishment of building setback lines. 1• x ,t. y sy raA` i . ? • 1 r 1 -a I. �•i,kt,. • ♦ rq. , rt •�+ Y }' alb . u• . •ai 1>• IL�.,+. Y. �•[•.w ".. '.IS.' it 'd,al , ♦''�'f i t, ♦Rf p /' .� a•,, Y 3" .b,. 'ti,•tii_ I. YrJfd .. .51I ° Lr ' .iY I. mt�d•}. -f ` '..',. .Y. .� •,., r,� I<"1 a, � . ,;,`• MI,:+.'? ♦ - ^ `.�r �Xt i•./f+ : i L,l:'L'. � } 5 •h i:' ( i "- jF% °" JI •+ .r: A. +, a ,y r ,.'t .)r +.1. r� C !I/ r, t.• ,�,, .� a ,s � .at4 �L, 4:i: ' g9p '. 'v ►t"i r� 't+.x.':r Ar lf-j,i J.+• '.+1� .f ,•. ..IC .. v ems, ,;:,r s? .. y-r-•(/.,t �r yr A.: �• ^:.igfY, , , aiC',, z5 '. yy P t.. i+�,. \. '�^+ 5• iti `' ..� .?t,. tr .Y' ..F, F,.i • r !•` y� i-g'; +i �, :l "'J•,Tnm 1 ' r'.. 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ITY y 0 N.T.S. ,.frtft' <r- r'•�/otJ�lrW, a ,f;9d +t >S�FYr., r• 1,i} <t „r .1 ..� F' h ' v 1.»� s J - K Yl•"t r d~f *w, l�'aY.� �:A6�`�+ ^�I!T{t i :+G: ^ � l„� �1 i ' �: � � 4 ,r1 i e0 rl }�' Jr� 'p 4�! .1� Y rf J' +M 7«Kit �4 r 31 jtJulrt Jl ,` r A 1 i A z.; r: �...' .1J` �. ;.�F k ,tt. 4 ,t:• F .} I , 'iy J t x r I i t v, ra t i •I1 .!• < .�p.-I �►,, [. f r e� �' 1 '. f d ; •�.,fr `,: ., F IC ..SCA , ,.Si !"�'.. ya♦k^4 in'1; r_`".S;yya l''�'i.i a. �;"�'�w'•, J'`7d}._ •'t 'i'•t+ ,� �•;. �_'., ^1.M I 2(q•' ..., • .a -tom �p�•.C�'f1` a ► r M „ C- •� • , (' r I' , ` { } • + X i _, 400 1. .oat r 98p *e Y'i. f .� `,�., �. _ �T•'Q''' aded) T r�'s' Ar; •e:... - ' .. ' , i1 } tr +. Jlr r ( pt FEET ) .3 : i , Y 11 A} 7'^,♦l� . �, f ,',r y ' .1100 +�`4\,•g9 - '? :. +'. �~ ? it. 'r y `Sh, ti.R 1 inch = 200 ft. -. • �,. C 4 ;•••• ♦ , } ' I 'Ia i r �� 7(W\\ .'\ q., . m ya,t, ...4 , r'e'/ItA.y• ..(+ y ' i-l-� < , m a*"w. S • 1• . µ 4 t rK f1yr•9 a �• n K r W ► r yigrt ti 1.y�r x j ttfiT NE x (frishaif8tl�t� ZONE AE )a `r + r •"!' a .a +, his , m v^ +i A•,.� i •,,f ,+ T . " ? �. , ',t ,4 '''fie •l e 1 ,I r 4 ,i.,�l qia •1 ) , f l 7. Li �' 1C t r a`:}'♦- r1i •-� S o ,,tt•_ .t. f1 P t 1. �; w f` ''; �'-,yt �r y , .iY'. ry ,i ttl• yµf +,. • •i"' 7t., o+�3+�, 1'; r: jr Y t. GTO 41 ,',; A`'fi GTO 24 : irr� st 2•ifR ` ; t� ; Pump alto TO 2• 4 qj' er i' r4! \ • .t „ / * ..' ' ���r1y,�Fa + Ay t .`. `� �I�• o�� •°Ix 'E ,r� - Tya i'w ;' • - -ONE X (unshaded) E AE `+tt{t"'} +lt �r 3 ap Co VINE, 'faD f }•• _ -r, . r. Fey' .Y Vdi•.t' •a _ ` ,4';~: ♦TJI J! IJ f �,-•„j. i .! 'te r -1 _a l ,' •:tr,-; •i,' a TO 3 . Fv. ,t•�:' A i�'ra_t"t !. E4l j..r.• _ , .I; `'r �^'� '•t,f •t"'.� . ( ' ' •« a� LOD Q� .fin .. , IA - . t; •;,i TO 7 Z F F { a i1J ' .+ a y I35.8 fr1 ' •.! . ,• Z7 f t '+ P '1 a �'' °, ;I '- ' r �.. ,r • ZOtvt'ii' (Oilhaded� 4 shaded) V Iv ° Oa I''. o a I oke Stara �7 ZONE r' < k � .. !�� • ,•r ,, ' r ,.. ,, s' r'f+4 TO 35 � e � � St ctUr Tonk A %A r :: • ' �• : ¢ , It a • • �+ , 1. ,t %. f <t", Y.., eter ZONE X I r.. t, t' }.. •.(.. i ' a"•..•ru . \ 6 House Waste shaded) j x In hI kt .1 n +Ary Storag A. ° TO 22.9 TO 22.5 t ruc ,I �1,•. 1 t'•:.. + „(,' .. 1; -/ f. #GTO 22. WareF1 ,.. GTO 59 ° '. ° `° TO 22.1 Met m re „N•. 1. tA, 1 jJ L °Gtj9 1t .>., TO 5 2 t• ° Tf, I Ar6a 6F . ' f r '.. Y /: a Pond;f GTO i;1 h TOW • t k 'I "` t tR ,.I Cr h �,�' . + ,. '.�gr,>° l Ara Pond 61 4 ' p 1 TO / TO 22 1 R rl Trpcks Pond 7 Stain q r; 2 TO 22.4 e' m 'f,. J y" • ..� N ;;y'"'•tt..-{, ` ..,,.f'/ t Rm7r ` or�4.< . Tronsrrtipsi" GTO 2 ' �,Ir^j',' ,11.t ) 9M.�rf. • w I r, odd Tro 3 ! fn •. '� •�. Burlt�Iho ,' gab,; 'rw x... 2. •^./v Jt t✓ �.^, 1 •.1. I r'Y. �aj1 . ^o- � f .''i v } � J !rr �'1Y?: y"•. 'R' , E'} <1 K. ',j , y .r 1+• , al,i`�{ 1. 0' I .' r a'"°p°a % ter- Treaatm t oS_ r rid Ccm essor' y i} ;:' • 'G } - a`a. •�, y - ": ,: o\<O° Sys "Witch .•• W Dc- .. •an .e E s EL e u O aeI o GTO 2¢ , . , tP .yii '. y r. S l i•. F ♦ x 4t ' yes` t P•G° + e. QUO a "on ger - Access Ca Z ( m Y •+ t �*�Y, Rop Alin "Cia41�1' ' �a�1d f f•' : ' f t I _ ~ t !a�.4"6�}.;, 4,14�� d ,ram p� f ,1. kt'� ..; / ` TrBCt' L SRB2-PS08-01 I ° + I, . .`..�. K1I". ` r >!i •} , fr� j..r, I ; f Y.t,. ,•�", . •t<`.!r s• ,¢..• Centgi0/ntIV ...Y'. `PF. \,, 1 •' 'j.' ���,•+' .ti:L''r'h•r :�, rILI r �` Eneftgy rt fit; I P ng or ZONE X{(unshaded) ,. l :. : f � � 'f,• " 4 ; f / . � xY. .a tb 'My\ ' •' ` ccess r, b fpi 6. Y41. •+ '; + L ' • t , J •t. i : s y r ' \r,`<, , e y SRB2-PS08-015 jIr d Pump y r+ / .• t1�, .y v Bolding -0 ' sa. •,.Y . +� • I ^09 • \ ► O 2-PSO$-0Sub 'rTransformer a OGW t ,r. a a'r r..:�f.,..l.a- *f+Y. •1 ,. food boo , A..£ nt oint ,•, k, .\ 0\1 ss � ^ Y • 1 1 d Oe ubs tion �Ir' R e •,� Z t' - i. ! r' y. , f Poc 3a! \ ctricpi SW t * f f y R82'=PSO - 17 / : °7 \ ,� tC" Hanger Go e t ,, ;gr ►�. Tract 3 CenterPoint Ena ZONE X (unshaded) Energy 06 �o ' E/arty �Y `•'.. I.., / cpj T I Gate Dirt Road 1 • .' Y ' / si SRB2-PS08-01 COj^dar ^ .f" / r ectrica/ �' •' � _ .,, . E) Trans )• I"T0 55 / elision Corridor �Lfo�°0Z Cod 70 45.B GTO 55 / us,O` rY wx^ � ►y r �t� f 1\1& `T :'' f •t ZONE X G70 B2 LLj Tract 1 (unshaded) LLJ y / 0 / 'r t � NCO I to To 4$.A -� a i G '' 0 r- LLJ / 150' Sanitary Control Esmt. 'r ~ I � r • ,, t + ,a' . 456370 H C,F. No. 7 v \ ' / .C.O.P.R.R.P.' 0 TO 37.2 r•^ i'1j1. Y ,�, Y I. f,.. tr: fa1�.. +•�,}.'FY{ '.T �^•''�.,•'4 '_'. w+'1y,i'� ;rr yt^1t. ` ' c. •_i -" - N 1 a. d.{i f f r. a.., !• B2-Ps08-017 Q Tract t, , i!x +�► ! :` Y, ` ,- To 46.H1 TEXAS GENGO �'si / * aY.,+� ` i A., r j •C ' ,y rB( ; n.A 2-PS08-013 +� a,(ke ZONE X t / 1 r i + r •^ 4R TO 41.1,� t" ., ; ,' , d I i Ho rM ion i - o r - ank GTO 42 � t �` 4.1 - a • , 9r c,. � r )t , ` t Lake 1 o�d \ TO 32. "B �. B2�oa�01 ; f ., '36 '? � ^ ,r• � �f,L. +.. (o, f h � c` Y•i GTO 60 • TO 48.8 t 1 O. 51 i': ' • GTO 59 1t^ h GjQ 50 FOPL "4 i; SO` Valve Station ' Vol a Station FOPL '' - �` \ 59 •,Y•' - APL r*� 010. fur - 3 a W cces Road �� r- �C.$� oc ra w r .x 0 c Po xo� �aNrp0�11:`rD Valve Station \ TO 46.H • OPL 00 �G� ,' J► Irv* a� of° te° _ . M. Y _ 0 \ TO 42 t SRO" RB2-PS08-017 'T71 44 \ Lake TO 37.2 10 GTO 2 F 2 1 moo. r,i A FJ Oil Storoe TO 45.8 GTO 22 ♦ gTank No. 6 + GTO 63 Tract 6 Y�r ro 3z. '. 4' ! TG PIPELINE r \ GTO 6 `• ro e L.P. TO 23.6 2 el'70 ,,. .8 a g• z GTO 1 GT TO GTO 26 •z.r Valve Station APh'y • T 31 ... TO 43,A TO 2. * . TOt17.1 .i '`• o rn * TO 49.B 0 45.A •,alto* r GO 5, P ��- - lip t• -- ' i 1p11,rt T� bIt'� r ± ' Ift!" •', ul La+'wJ.a 6 bndy1018W"%GRID BERT_PSDAaTO SMEETLdag,Moddl 26rmw,.an__. r- r- rrI C) C r Fu Oil Storage lank No. 7 G70 48,8 Dirt Road 1 ';- y, Iwo.* lia to .W TTTT* a I �F /�y• - �,.,rr.., ,vap GTO 4 1, [+p' GTO 48.0 =7{ i h r F.. , 4 .- - •:.. Y a T. •. 'a '. , ♦, '- a , t : ' , � ,. ,< :. Gi0 39 TO 27,_ GTO 56 GTO 56 G70 36. -_ D.D.D. eMBee ^•�r••'B Cartlgtbtlp„ D.D.D. ee.d ppareMo darn tA t ova. tank.. and d"bnUsd D.D.D. Changed text Colors. J.Z.C. REVISED TITLE & PARCEL BLOCKS D.D.D. ALTA/AGSM LAND TITLE SURVEY TEXAS GENCO S,R, BERTRON PLANT ENCUMBRANCE EXHIBIT I MAP NO. PSI Carter :: Blew Consultants in Planning, Engineering. Architecture, Construction Management and Related Services CARTER & BURGESS, INC. 2/06/06 55 Waugh od" Ndustam, Tbabs 77007 713-869-7900 1/26/06 10/25/04 SCALE: 1" = 200' PROJ. NO. 030248.011 11/15/02 DRAWN BY: D.D.D. •1.0002 11/05/01 CHK'D BY: ARP DATE SHEET APPROVED: ARP 07/09/01 4 OF 5 Parameter List. -----------------------------------_.____._-_._._--------------------------- copy tab: Output tap: Setup tab: ----. . _-------------------.-_--__--_--.---_.-_____ Color/BON Colo' Margins Printer: Or pi BBWSA2 Scanner: A type or original: Map lap 0.W' Windows driver: Units of measure: 1 Method. Graphics Bottom: 0.W' Or oesignjet BOWS 42 2 000PS 42 by Pip Load: t Lightness: a Left: 0.W Printer Profile: NP peslgnJet spars About Saturation: 0 Right: a.W Unprintable Area Product name: 0 Red: 0 Use Unpr'n. Area: No top: 0.2'• Product version: 6 Green: a Print paper border: No Bolton: 0.2•• Build: 0 Blue: q quality: Nur'nal Lett: 0.2•• Component build: 1 Black level: 70 Scan Quality: Nornal Right: 0.21, Scannermodel: h mile level' 235 Print Quality: Nornal Media width: 42.0' Scanner firnMare versibna Sharpen: •3 Scan DPI: 219 dpi Media profile: C1961P Bright White Inkjet Scanner firammre date: 5 Blur: 0 Print DPI: 380 dpi Roll: Auto Input size: auto Ink Printer original: Yes Account: total width: 24-4" Enhance Gvay: Ho Scan jobs: 22 Height: 36.3" Descreening: No Print jobs: 4 Auto uidth: Yes Layout: Normal Copy jobs: 6 Auto Length: Yes riling / Paneling Scan area: 160.0664 sq.ft output size: Auto Glue narks: No Print area: 110-3194 sq.ft width: 24.3" width: 30./" Paper ntea: total 61 sq.ft Height: 36.3" Length: U-S., total Account: loth Auto Leath: Yes Overlap : B.s•' scan jobs: 22 ,g Auto Length: Yes Melting print bs Scale: Ilostto. optimized: No Copy jaobs:: 6 6 Value: 100.8 % Spacing: 0.5" Scan area: 160.0664 sq.ft Print area: 110.319h ,q .ft Paper area: 1M 6561 . a R p 9 UPPER S MCINTO 1 GRAPHIC SCALE ( IN FEET ) 1 Inch = 100 ft. FND BROKEN CONIC. MONUMEN LINE TABLE LINE LENGTH BEARING LI 60.40 L N86'15'30'W L21 100.72 N86'I5'30-W L3 22,33 N00-00'00'E L4 7,05 N90e00'00'W L5 87.50 NO3'02'05'W L6 157.75 S03'02'05'E L7 119.08 S03'02'05'E LB 52.41 N70-33'36'W L9 121.74 NO2'50'58'W LIO 50,62 N68-34'19'E LII 56.83 N86'53'39'E L12 96,00 S63'06'22'E L13 75,00 S03'02'05'E L14 130,00 S86'53'39'W L15 41.47 S03'04'28'E L16 51.36 87.12'27'E Y=13,820,895.82 X=3, 223, 298.68 FND 3/4" IRON PIPE N58'48'36"W 0.82' FND 3/4" IRON ROD N72'01'34"W 1.17' NOTES: 1)The Surveyor has relied on Reliant Energy to provide recorded deeds or plats of the subject property and adjoiners thereto. No additional research regarding the existence of easements, restrictions, or other matters of record has been performed by the Surveyor. 2)This survey was prepared without the benefit of a Title Commitment; therefore, easements, right-of-way or setbacks of record affecting the subject property, if any, may not be shown hereon. 3)The utility appurtenances (utility poles, inlets, etc.) shown hereon are those visible at the time of survey and may not be complete. The Surveyor did not locate underground utilities. 4) Field Note Descriptions have been prepared from this plat. 5)According to the Federal Emergency Management Agency Flood Insurance Rate Map No. 48201CO935 J revised dote November, 06, 1996, the subject property lies within ZONE X (unshaded), areas determined to be outside 500-year floodplain. 6)AII coordinates and bearings herein refer to the Texas Coordinate System OF 1983, South Central Zone, as defined in the Texas Natural Resources Code, and based on the position of H.G.C.S.D. 42(1986), having published coordinates of: (Y) = 13,823,622.030, and (X) = 3,216,990.899, U.S. survey foot with an applied scale factor of 0.9998839. 7)lnformation shown hereon is based on a field survey, and information shown on Map No. 14-H-5A furnished by Reliant Energy HL&P. LEGEND PP POWER POLE G� p MANHOLE P/ SIR • SET 3/4" IRON ROD WITH PLASTIC CAP STAMPED "RELIANT ENERGY HL&P" QG� VICINITY MAP pN • SET PK NAIL WITH SHINER N.T.S. STREET LIGHT �� STEAM SILENCER EASEMENT 0.057 ACRE CONIC. FOOTING FOR �� S86'53'39"W PIPERACK 2'X2' 4' q 5D.00 R05077775 H.C.D.R. V CHAINLINK FENCE PONT DE NEMOURS AND COMPANY (J' 8' PIPE RACK EASEMENT NO3'06'21"W 50.00 E.I. DUI 1J0 0.008 ACRE `VOL. 1318, PAGE 364 H.C.D.R. F.C. 500-96-2840 7aoo RESIDUE OF 822.154 ACRES 100 R050775 H.C. D.R. S L , s0e 00 CHAINLINK FENCE NOTE: TEXAS GENCO, LP, LLC.; TEXAS GENCO GP, LLC & 1 VAe rCA!Cn uninwr_c Wr CHnWN AS TEXAS GFNCO. CENTERLINE TENNECO NATURAL GAS LIQUIDS CORP. 10" PIPELINE SOUTHERN PACIFIC TRA07, SPG. RT HON o 40' ESM T. H.L.&P CO. 150' EASEMENT FND IRON ROD WITH (ABANDONED) VOL. PG. 50 ALUMINUM CAP H.C.D.R. STAMPED HL&P N86'53'39"E _ NOTE; Houston Lighting & Power Company was renamed Houston Industries Incorporated which was renamed Reliant Energy, Incorporated which become CenterPoInt Energy Houston Electric, LLC. PAR. PURCH. GRANTOR GRANTEE ACREAGE RECORDING FILE TITLE SCHED. REMARKS NO. DATE TRACT 1 08/31/02 DUPONT CENTER POINT ENERGY 2.685 555-89-1752 W048247 LEASE 1 PARTIAL TERMINATION OF F.C. 014-59-1718 TRACT 2 08 31 02 TEXAS GENCO CENTER POINT ENERGY 0.155 555-89-1794 W048250 EASEMENT 2.5 TRACT 3 08131102 DUPONT TEXAS GENCO 7.306 555-89-1759 W048248 LEASE TRACT 4 OB 31 02 RELIANT ENERGY INCORPORATED TEXAS GENCO 0.224 555-89-1794 W048250 EASEMENT 3.14 TEMPORARY STEAM GENERATOR TRACT 5 08 31 02 1 RELIANT ENERGY INCORPORATED TEXAS GENCO 1.174 555-89-1794 1 W048250 1 EASEMENT 3.15 PARKING 2067 12-H 12:48:43 'at'aneter List. _-_ .opy tab: output tab: Setup tab: eler/Raw: BON hat gins Printer: HP DJ 9OWS02 Scanner: Air 92onlp (1394) Type of original: Photo Top: O.r' windows diver: units of measure: Inches M thon: uraytone Bottom: 0. Sir, TIP Designjet BOWS 42_2 DROPS 42 by NP Load: Center Lightness: 0 Lett: 0.B, r,'Intel' profile: IN, Designjet Oilers About Saturation: 0 Night: 0. P' Unprintable Area Product nape: Designjet Scanner Systew Red: 0 Use Unpin. Area: No lop: 0.2" Product version: 6.2 Breen: D Print paper border: No Bottom: 0.T• Build: Build 13001 Blue: 0 quality: Ho'nal Left: 0.2'• component build: 13001 Black 1lvel: a Scan quality: Normal Right: 0.2" Scanner model: Ap 92 Split (1394) we it, level: 255 Print quality: Normal Write width: 42.0- Scanner Firmware version:091e 0 Scan Dri: 211 dpi viola profile: C1861A - Bright Mite Inkjet Scanner fL'nmm'e date: Sep 25 2006 13:29:59 Sharpen: B JUT: 0 Print BPI: 310 dpi Rail: Auto Input size: Auto Ink Printer Original: Yes Account: Total width: 35.6" Enhance Gray: No Scan jobs: 26 freight: 24.9" Rescreening: No Print jobs: 4 Auto Width: Yes Layout: Normal copy jobs: 12 Auto Length: Yes filing / Paneling Scan area: 216.1439 sq.rt lutput size: Auto Clue narks: No Print area: 194.1692 Sq.ft width: 35.6'1 width: 31.0' Paper area: 234.5496 sq.ft "eight: 24.9" Length: 51.61, Total Account: Total Auto Width: Yes overlap: 0.5" Scan jobs: 26 Auto Length: Yes Nesting Print jobs: a scale: left Optimized: No copy jobs: 12 Value: 1WR.9 t Spacing: 0.5" Scan area: 219.1431 sq.ft Print area: 194.1692 sq.ft Paper area: 234.5496 sq.ft TRACT 4 - 0.224 ACRES TEMPORARY STEAM GENERATOR SITE FO 9LP ALTER J. WjLgANKS q 4936 G � 'f/AR.ESstONr �Qril EDGE OF ASPHALT FND IRON ROD WITH ALUMINUM CAP STAMPED HL&P FND IRON ROD WITH ALUMINUM CAP STAMPED HL&P '-POO TRACT 1 FND FENCE POST Y=13,821,329.76 z X=3,225,760.69 01 I� N 9 if Iw ,I. 0.201 ACRES H.L.&P. CO. EASEMENT E791159 H.C.D.R. I hereby certify that this plat is based on a ground survey performed under my direction, and that the boundaries established by this survey are correctly shown. This service conforms to the current Texas Board of Professional Land Surveying Technical and Professional standards in effect at the date of the survey. Walter J. Wilbank R. .L.S. Texas Reaistratio No. 4936