HomeMy WebLinkAboutO-2020-IDA-04 Du Pont De Nemours and Company D.B.A. Corteva AgriscienceORDINANCE NO. 2020-IDA-04
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH E. I. DU PONT DE NEMOURS AND
COMPANY D.B.A. CORTEVA AGRISCIENCE, A DELAWARE CORPORATION, FOR THE
TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS
Section 1. E.I. Du Pont de Nemours and company d.b.a. Corteva Agriscience, a
Delaware corporation has executed an industrial district agreement with the City of La Porte,
Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of
which is attached hereto, incorporated by reference herein, and made a part hereof for all
purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of
the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and
deliver on behalf of the City of La Porte, Texas, 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.
PASSED and APPROVED, this 28t" day of October, 2019.
CITY OF P TE, TEXAS
Loui R. Rigby, Nkajr
ATTEST:
4Leoodward, City Sec
.11
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-Q "
STATE OF TEXAS '
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and E. I. du Pont de Nemours and
Company d.b.a. Corteva Agriscience a Delaware
corporation, hereinafter called "COMPANY",
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City "of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
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, 1) 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, 2) intermodal shipping containers (including but not
limited to freight and tank containers) placed on Land belonging
to Company shall be permitted to be stacked only two containers in
height within the 100' wide portion of Company's Land contiguous
to either Fairmont Parkway, State Highway 225, or State Highway
146; beyond said 100' wide strip, intermodal shipping containers
shall be eligible to be stacked one additional container in height
within and for each successive 100' wide portion of Company's Land
behind and following the preceding 100' wide strip, up to a
maximum of six containers in height, regardless of distance from
Fairmont Parkway, State Highway 225, or State Highway 146; and 3)
it is agreed that City shall have the right to institute or
intervene in any administrative and/or judicl'al proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state
environmental laws, rules or regulations, to the same extent and
to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
K
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
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, 2020, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2031, 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
2020:
64%
Value
Year
2021:
64%
Value
Year
2022:
64%
Value
Year
2023:
64%
Value
Year
2024:
64%
Value
Year
2025:
64%
Value
Year
2026:
64%
Value
Year
2027:
64%
Value
Year
2028:
64%
Value
Year
2029:
64%
Value
Year
2030:
64%
Value
Year
2031:
64%
Company agrees to pay to City an amount of "in lieu of
taxes" on Company's land, improvements and tangible
3
personal property in the unannexed area equal to the sum
of:
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2020,
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, 2019, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Year following completion of
construction in progress, an amount equal to
Thirty percent (30%), where construction is
completed in Value Years 2020 through 2031, 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. The eligible period for
application of said thirty percent (30%) "in lieu"
rate shall be for a total of six (6) Value Years.
In the case of new construction which is completed
in Value Year 2028 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 Thirty percent (30%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2034.
In the case of new construction which was
completed in Value Years 2016 through 2019 in
accordance with the previous Industrial District
Agreement between City and Company, such new
construction shall be subject to a Twenty percent
20%)valuation through Value Year 2022, and a
Thirty (30%) valuation for any additional Value
Years beyond Value Year 2022, for a total of six
m
(6) Value Years.
(b) Application of the thirty percent (30%) "in lieu"
rate for Substantial Increase in value of the
Land, improvements, and tangible personal property
dedicated to new construction is limited to new
construction purposed for or related to
manufacturing and processing uses. In no case
shall Company be entitled to application of the
thirty percent (30%) "in lieu" rate for
Substantial Increase in value of the Land,
improvements, and tangible personal property
dedicated to new construction where the new
construction is purposed for or related to uses
for warehousing, storage, distribution, and/or
general freight trucking and transportation, as
well as general commercial uses, such as truck
stops, rental facilities, or repair shops.
(c) 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, 2019; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(d) If existing Property values have depreciated below
the Property value established on January 1, 2019,
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, 2019, 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,
2020, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of 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. 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, 2020, and continuing thereafter until December 31,
2031, 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, 2031, 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
C
provisions of this Agreement.
Company agrees that if the Texas Local Government Code Section
Chapter 42.044 `Creation of Industrial District in
Extraterritorial Jurisdiction", or Texas Local Government Code
Chapter 43 "Municipal Annexation", is amended, 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 laws as the same existed on January 1, 2019.
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
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 therefore 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
7
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.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
M.
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
E
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: E. I. du Pont de Nemours and Company
d.b.a. Corteva Agriscience (COMPANY)
Attention: Micheal Ford Department
—Tax
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
Plant Manager
Name: R. Alex Ator
Address: 12501 Strang Rd
La Porte, tx 77572-0347
Phone:
281-470-3211
Fax:
Email:
R-Alex.Ator@corteva.com
Tax Agent/Billing Contact
Name:
Ford
_Michael
Address: P.O. Box 2909
Wilmington, DE 19805-0909
Phone:
Fax:
Email:
Michael.Ford@corteva.com
ENTERED INTO effective the lst day of January, 2020.
E. I. du Pont de Nem"andmpany
d.b.a. Corteva Ag By:Name:_
Title: -Plant Manager
Address:_12501 Strang Road
LaPorte, TX 77572
10
4AiTEST: CITY 0 TEBy:
ecretary ouis R. Ri by
Mayo
APPROVED:
L �� A��y'
Knox W. Askins j Corby D Alexan r
City Attorney City Manager
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE, TEXAS
604 West Fairmont Parkway
La Porte, TX 77571
I►
This instrument was acknowledged before me on the I) 1!) day of
, 20by 11►max (-�4-C f Qj4.4
of IC jtNd Co corporation, a corporation,
on behalf of said entity.
..,.�. Notary Public, State of Texas
DEBRA A. KIRKPATRICK
MY COMMISSION EXPIRES
=•r .�: SEPTEMBER 19, 2021
NOTARY 10. 10983279
11
STATE OF TEXAS '
COUNTY OF HARRIS'
This instrument was acknowledged before me on the4 u day of
20a, by Louis R. Rigby, Mayor of the City of La
Porte, a municipal corporation, oi�) behalf) of said e
No a>�y P'ub-lic, State oil Texas
LEE WOODWARD
PU NOTARY PUBLIC
* STATE OF TEXAS
oF��h MY COMM. EXP. 2/19/21
NOTARY ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
Included on next pages Metes & Bounds for 490 acrea main parcel and 8.5 acre parcel.
12
09/25/2018
503.230 ACRES
E.I. DU PONT DE NEMOURS
Enoch Brinson Surrey, Abstract No.5
Harris County, Texas
DESCRIPTION
Of 503.230 acres of land being out of a called 822.154 acres tract conveyed by
deed dated April 27, 1944 to E.I. Du Pont de Nemours and Company, as recorded
in Volume 1318, Page 364 of the Deed Records of Harris County, Texas, and
being out of a called 101.9390 acres (net 97.477 acres) conveyed by deed dated
December 21, 1967 to E.I. Du Pont de Nemours and Company, as recorded in
Volume 7034, Page 10 of the Deed Records of Harris County, Texas, and being
all of Lots 1, 2, a portion of Lot 3, a portion of Lot 55, and all of Lots 56, 57, and 58
of Strang Subdivision as recorded in Volume 75, Page 22 of the Deed Records of Harris
County, Texas. Tracts or Parcels acquired within said Lots being comprised of all or
portions of the following tracts conveyed to E.I. DU PONT DE NEMOURS & COMPANY,
as recorded in Harris County Clerks File number (H.C.C.F. No.) of the Deed Records of
Harris County, Texas;
Called 1.6728 Acres
Called 3.0333 Acres
Called 0.3413 Acres
Called 0.3685 Acres
Called 6.1913 Acres
Called West 150' Lot 56
Called West 162.75 of
the East 325.5' of Lot 57
Called Tract 4, Parcel A &
the East 162.75' of Lot 57
Called 0.4662 Acres
Ramsey's Addition No. 1- Vol
Called 0.474 Acres
Lots 7, 8 & 9, Blk.1
Called Parcels
1,2,&3
Lots 3 & 4, Blk. 1
Lot 12 & 38 feet
of Lot 11, Blk. 2
Called Tracts 1 & 2
Called Tracts 1, 2, 4, & 5
Called 0.1400 Acres
Called N. 35' Lot 4 &
S. 35' Lolt 5, Blk. 2
Lots 1 & 58, Strang
Strang Road R.O.W
10/25/1976
H.C.C.F.No.
E933251
07/12/1978
H.C.C.F.No.
F678783
09/21/1977
H.C.C.F.No.
F309517
09/21/1977
H.C.C.F.No.
F309519
10/03/1974
H.C.C.F.No.
E274648
04/01/1974
H.C.C.F.No.
E119241
4/01/1974 H.C.C.F.No. E119243
10/11/1973 H.C.C.F.No. E007094
01/12/2009 H.C.C.F.No.20090012560
345, Pg. 31 H.C.D.R.
10/20/2016 H.C.C.F.No.2016-475101
08/16/1991 H.C.C.F.No. N282133
04/13/1976
H.C.C.F.No.
E734463
04/13/1976
H.C.C.F.No.
E734466
07/09/1997
H.C.C.F.No.
S539247
11/20/1975
H.C.C.F.No.
E613651
11/20/1975
H.C.C.F.No.
E606500
08/30/1974
H.C.C.F.No.
E248302
11/20/1975 H.C.C.F.No. E606499
05/27/1970 H.C.C.F.No. D118586
10/26/1971 H.C.C.F.No. D448640
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E.I. DU PONT DE NEMOURS
Enoch Brinson Survey, Abstract No.5
Harris County, Texas
BEGINNING at a 5/8 inch iron rod found for the southwest corner of said 101.9390 acres,
same being in the south line of a called 250' wide Easement to Houston Lighting & Power
Company (H.C.C.F. No. D332601), said iron rod being in the east line of Sens Road (60'
R.O.W.), said iron rod also being the northwest corner of a called 10.673 acres tract
conveyed by deed dated January 30, 2013 to Northeast Real Property as recorded in
Harris County Clerks File 20130050851 of the Deed Records of Harris County, Texas.
Said 503.230 acres being situated in the Enoch Brinson Survey, Abstract No. 5, Harris
County, Texas and being more particularly described by metes and bounds as follows:
Said beginning point having DuPont Plant Grid coordinate values N - 1374.853,
W - 7058.243 (Bearings and distances based on DuPont Plant Grid coordinates);
THENCE North 000 01' 37" East along the east line of said Sens Road, passing at a
distance of 625.05 feet (called 625.60') a 4"x 4" concrete monument stamped "DuPont"
for the northwest corner of said 101.9390 acres, same being in the south line of said
822.154 acres and continuing in all for a total distance of 2392.67 feet to a 5/8 inch iron
rod with LJA cap set for corner;
THENCE North 89' 31' 44" East a distance of 658.46 feet (called 657.73') along the south
line of a called 14.3641 acres tract conveyed from E.I. Du Pont de Nemours and
Company to Noltex, LLC, as recorded in Harris County Clerks File 20110526587 of the
Deed Records of Harris County, Texas to a 5/8 inch iron rod with LSI cap found for corner;
THENCE North 000 04' 42" East a distance of 506.49 feet along the east line of said
14.3641 acres to a 5/8 inch iron rod with LSI cap found for corner;
THENCE North 890 55' 18" East a distance of 200.06 feet along an interior line of said
14.3641 acres to a 5/8 inch iron rod with LSI cap found for corner;
THENCE North 000 04' 42" East a distance of 341.78 feet (called 344.33') along the east
line of said 14.3641 acres to a 5/8 inch iron rod with LJA cap set for corner in the south
line of Strang Road (60' R.O.W.);
THENCE North 890 44' 00" East a distance of 805.88 feet along the south line of said
Strang Road to a 5/8 inch iron rod with LJA cap set for corner;
THENCE North 000 16' 48" West a distance of 60.00 feet along the west line of the former
Strang Road (east of this line now private - H.C.C.F. No. D448640) to a 5/8 inch iron rod
with LJA cap set for corner;
THENCE South 890 44' 00" West a distance of 1437.50 feet along the north line of said
Strang Road to a 5/8 inch iron rod with LJA cap found for corner;
THENCE North 00' 19' 44" East a distance of 729.23 feet along the east line of a called
4.052 acres tract conveyed by deed dated October 05, 2007 to Houston Petrochemicals,
Inc., as recorded in Harris County Clerks File 20070607841 of the Deed Records of Harris
County, Texas to a PK Nail found in the centerline of bulkhead at San Jacinto Bay;
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E.I. DU PONT DE NEMOURS
Enoch Brinson Survey, Abstract No.5
Harris County, Texas
THENCE along the centerline of said bulkhead, the following calls; (Mean Higher High
Water or MHHW) elevation determined to be 2.52 feet and is based on Harris County
Flood Plain Reference Mark No. 060035, Elev. 20.06, NAVD 88, 2001 Adjustment. MHH
elevation at time of this survey is between the water surface and the top of bulkhead;
South 770 51' 38" East a distance of 100.86 feet to a PK nail found for corner;
South 80' 00' 07" East a distance of 115.01 feet to a PK nail found for corner;
South 84' 08' 24" East a distance of 212.71 feet to a PK nail found for corner;
South 87' 51' 32" East a distance of 49.41 feet to a PK nail found for corner;
South 880 37' 00" East a distance of 388.42 feet to a PK nail found for corner;
North 890 33' 32" East a distance of 119.98 feet to a PK nail found for corner;
North 880 31' 03" East a distance of 330.07 feet to a PK nail found for corner;
South 060 12' 46" East a distance of 4.88 feet to a PK nail found for corner;
South 89' 18' 07" West a distance of 40.38 feet to a PK nail found for corner;
South 030 42' 55" East a distance of 20.61 feet to a PK nail found for corner;
North 89' 35' 16" East a distance of 60.94 feet to a PK nail found for corner;
North 000 43' 12" West a distance of 20.98 feet to a PK nail found for corner;
North 89° 53' 33" East a distance of 89.84 feet to a PK nail found for corner;
North 890 35' 51" East a distance of 97.33 feet to a PK nail found for corner;
North 890 37' 14" East a distance of 9.10 feet to a 100D nail found for the northwest
corner of a called 6.9959 acres Memorandum of Ground Lease between El DU
PONT AND COMPANY ("Landlord"), and KURARAY AMERICA, INC., ("Tenant")
dated May 27, 2014 as recorded in Harris County Clerks File 2014023322 of the
Deed Records of Harris County, Texas;
North 890 39' 34" East a distance of 456.44 continuing along the north line of said
6.9959 acres feet to a PK nail found for corner;
North 820 52' 57" East a distance of 70.01 feet to a PK nail found for the northeast
corner of said 6.9959 acres, same being in the east line of said Lot 58 and the west
line of said 822.154 acres;
North 800 04' 27" East a distance of 417.41 feet to a PK nail set for corner;
North 790 48' 43" East a distance of 41.70 feet to a PK nail set for corner;
North 800 19' 06" East a distance of 101.78 feet to a PK nail set for corner;
South 86' 56' 27" East a distance of 105.26 feet to a PK nail set for corner;
North 880 37' 23" East a distance of 401.63 feet to a PK nail set for corner;
South 890 43' 31" East a distance of 140.22 feet to a PK nail set for corner;
South 11 ° 41' 22" East a distance of 11.51 feet to a PK nail set for corner;
North 89' 45' 46" East a distance of 4.70 feet to a PK nail set for corner;
North 130 41' 57" East a distance of 11.23 feet to a PK nail set for corner;
South 870 34' 36" East a distance of 302.13 feet to a PK nail set for corner;
South 740 22' 11" East a distance of 118.37 feet to a PK nail set for corner;
South 280 35' 25" East a distance of 10.40 feet to the end of bulkhead;
THENCE along the meanders of the Mean Higher High Water line (MHHW elevation at
time of this survey is to be within the within the rip -rap area adjacent to property) the
following calls;
South 75' 12' 01" East a distance of 105.66 feet to a point for corner;
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E.I. DU PONT DE NEMOURS
Enoch Brinson Survey, Abstract No.5
Harris County, Texas
South 63' 39' 28" East a distance of 100.03 feet to a point for corner;
South 590 02' 40" East a distance of 99.62 feet to a point for corner;
South 48' 33' 31" East a distance of 216.37 feet to a point for corner;
South 320 55' 52" East a distance of 97.96 feet to a point for corner;
South 310 12' 20" East a distance of 111.14 feet to a point for corner;
South 16' 04' 23" East a distance of 94.25 feet to a point for corner;
South 060 20' 19" East a distance of 121.40 feet to a point for corner;
South 22' 39' 31" East a distance of 68.62 feet to a point for corner;
South 02' 00' 24" East a distance of 152.40 feet to a point for corner;
South 22' 44' 18" East a distance of 66.35 feet to a point for corner;
South 330 18' 46" East a distance of 106.73 feet to a point for corner;
South 440 24' 33" East a distance of 53.47 feet to a point for corner;
South 640 41' 00" East a distance of 43.59 feet to a point for corner;
North 720 02' 28" East a distance of 31.36 feet to a point for corner;
North 630 18' 16" East a distance of 211.52 feet to a point;
THENCE South 170 03' 22" West a distance of 222.05 feet across a manmade peninsula
and along the west line of a called 5.833 acres tract Lease Agreement dated April 1, 1960
between HOUSTON SHIP CHANNEL NAVIGATION DISTRICT, "Lessor" and E.I. DU
PONT DE NEMOURS & COMPANY, "Lessee", unrecorded instrument provided by
DuPont, to a 5/8 inch iron rod with LJA cap set for corner;
THENCE South 620 07' 38" East a distance of 204.72 feet along the south line of said
5.833 acres to point for corner;
South 68' 25' 11 " West a distance of 117.88 feet continuing along meanders to a
point for corner;
South 290 20' 22" West a distance of 104.97 feet to the centerline beginning of a
bulkhead for corner;
THENCE along the centerline of said bulkhead, the following calls;
South 180 43' 48" East a distance of 265.55 feet to a PK Nail set for corner;
South 780 43' 00" East a distance of 44.47 feet to a PK Nail set for corner;
North 690 19' 02" East a distance of 209.53 feet to a PK nail set for corner;
North 660 44' 03" East a distance of 202.77 feet to a PK nail set for corner;
North 640 09' 42" East a distance of 40.53 feet to a PK nail set for corner;
South 120 44' 35" West a distance of 9.37 feet to a PK Nail set for corner;
North 83' 46' 20" East a distance of 41.02 feet to a PK nail set for corner;
North 030 22' 13" West a distance of 9.01 feet to a PK nail set for corner;
South 74' 42' 12" East a distance of 171.81 feet to a PK Nail set for corner;
South 030 43' 42" East a distance of 88.90 feet to a PK Nail set for corner;
South 610 12' 11 " East a distance of 282.48 feet to a PK Nail set for corner;
South 230 22' 11" West a distance of 4.40 feet to the end of bulkhead;
THENCE along the meanders of the Mean Higher High Water line the following calls;
South 670 58' 46" East a distance of 94.95 feet to a point for corner;
South 590 38' 28" East a distance of 93.42 feet to a point for corner;
South 540 14' 28" East a distance of 291.95 feet to a point for corner;
South 590 55' 01 " East a distance of 98.03 feet to a point for corner;
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E.I. DU PONT DE NEMOURS
Enoch Brinson Survey, Abstract No.5
Harris County, Texas
South 580 03' 22" East a distance of 194.19 feet to a point for corner;
South 670 18' 25" East a distance of 77.31 feet to a point for corner;
South 05° 26' 15" East a distance of 18.00 feet to a point for corner;
South 090 41' 14" West a distance of 97.57 feet to a point for corner;
South 480 37' 51" West a distance of 12.79 feet to a point for corner;
South 140 23' 33" West a distance of 14.64 feet to a point for corner;
South 500 43' 45" East a distance of 11.12 feet to a point for corner;
North 750 03' 57" East a distance of 11.30 feet to a point for corner;
North 22' 11' 35" West a distance of 9.82 feet to a point for corner;
North 370 58' 04" East a distance of 104.06 feet to a point for corner;
North 73' 29' 50" East a distance of 7.82 feet to a point for corner;
South 710 34' 24" East a distance of 42.36 feet to a point for corner;
North 870 28' 54" East a distance of 46.78 feet to a point for corner;
North 440 10' 21" East a distance of 10.75 feet to a point for corner;
South 71 ° 22' 34" East a distance of 28.85 feet to a point for corner;
South 540 59' 26" East a distance of 88.29 feet to a point for corner;
South 100 15' 17" West a distance of 50.35 feet to a point for corner;
South 01 ° 52' 57" West a distance of 24.35 feet to a point for corner;
North 800 09' 09" East a distance of 22.51 feet to a point for corner;
North 680 19' 29" East a distance of 42.99 feet to a point for corner;
North 610 38' 50" East a distance of 34.08 feet to a point for corner;
North 540 17' 51" East a distance of 100.42 feet to a point for corner;
North 17° 48' 31" East a distance of 108.41 feet to a point for corner;
North 430 00' 40" East a distance of 45.02 feet to a point for corner;
South 800 10' 52" East a distance of 57.58 feet to a point for corner;
South 530 57' 14" East a distance of 111.76 feet to a point for corner;
South 420 51' 20" East a distance of 61.22 feet to a point for corner;
South 10" 56' 05" East a distance of 53.94 feet to a point for corner;
South 300 55' 46" West a distance of 66.06 feet to a point for corner in the
northwest line of State Highway 146 (R.O.W. Varies);
THENCE South 480 12' 10" West a distance of 1112.78 feet along said State Highway
146 to a 5/8 inch iron rod with LJA cap set for corner;
THENCE North 000 52' 49" West a distance of 55.25 feet continuing along said State
Highway 146 to a 5/8 inch iron rod with LJA cap set for corner;
THENCE South 360 41' 17" West a distance of 456.46 feet continuing along said State
Highway 146 to a 5/8 inch iron rod with LJA cap set for corner;
THENCE North 53' 27' 04" West a distance of 18.28 feet continuing along said State
Highway 146 to a 5/8 inch iron rod with LJA cap set for corner;
THENCE South 410 32' 33" West a distance of 260.00 feet continuing along said State
Highway 146 to a 5/8 inch iron rod with LJA cap set for the beginning of a curve to the left;
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E.I. DU PONT DE NEMOURS
Enoch Brinson Survey, Abstract No.5
Harris County, Texas
THENCE continuing along said State Highway 146, along said curve having a radius of
3990.01 feet, a central angle of 7° 13' 55", a chord bearing and distance of S 37' 55' 36"
W — 503.28 feet, and an arc length of 503.61 feet to a '/2 inch iron rod found for corner in
the south line of said 101.9390 acres;
THENCE North 89' 57' 15" West along the south line of said 101.9390 acres and said
250' wide easement for a distance of 5648.53 feet to the PLACE OF BEGINNING of
herein described tract of land and containing within these calls 503.230 acres or
21,920,707 square feet of land, save and except 10.867 acres conveyed to D.B.
WERSTERN INC. — TEXAS, said 10.867 acres more fully described as follows, leaving a net
acreage of 490.380;
Save & Except
10.867 acres of land being all of that a called 10.8667 acres tract conveyed by deed dated May 9,
2000 from E.I. DU PONT DE NEMOURS AND COMPANY to D.B. WERSTERN INC. — TEXAS as
recorded in Harris County Clerks File U386471 of the Deed Records of Harris County, Texas. Said
10.867 acres being situated in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas
and being more particularly described by metes and bounds as follows: (Bearings based on E.I.
DU PONT DE NEMOURS plant grid coordinates);
COMMENCING at a 5/8 inch iron rod found for the southwest corner of said 101.9390 acres, same
being in the south line of a called 250' wide Easement to Houston Lighting & Power Company
(H.C.C.F. No. D332601), said iron rod being in the east line of Sens Road (60' R.O.W.), said iron
rod also being the northwest corner of a called 10.673 acres tract conveyed by deed dated January
30, 20132 to Northeast Real Property as recorded in Harris County Clerks File 20130050851 of
the Deed Records of Harris County, Texas;
THENCE North 00' 01' 37" East along the east line of said Sens Road and the west line of said
101.9390 acres a distance of 250.00 feet to a point for corner in the north line of said 250' wide
Easement;
THENCE South 890 57' 15" East a distance of 2862.34 feet along the north line of said 250' wide
Easement to a 5/8 inch iron rod with LJA cap set for the southwest corner and PLACE OF
BEGINNING of the herein described tract having DuPont Plant Grid coordinate values
N - 1622.569, W - 4195.785;
THENCE North 00' 14' 34" East a distance of 53.98 feet along the west line of said 10.8667 acres
to a 5/8 inch iron rod with LJA cap set for the beginning of a curve to the right;
THENCE along the west line of said 10.8667 acres and said curve having a radius of 421.60 feet,
a central angle of 45' 48' 05", a chord bearing and distance of N 23' 08' 36" E — 328.12 feet, and
an arc length of 337.02 feet to a 5/8 inch iron rod with LJA cap set for corner;
THENCE along the northwesterly line of said 10.8667 acres the following calls;
North 390 01' 22" East a distance of 34.08 feet to a 5/8 inch iron rod with LJA cap set for
corner;
North 470 27' 43" East a distance of 50.88 feet to a 5/8 inch iron rod with LJA cap set for
corner;
North 500 51' 46" East a distance of 73.87 feet to a 5/8 inch iron rod with LJA cap set for
corner;
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Enoch Brinson Survey, Abstract No.5
Harris County, Texas
North 530 58' 12" East a distance of 84.15 feet to a 5/8 inch iron rod with LJA cap set for
corner;
North 580 38' 58" East a distance of 66.52 feet to a 5/8 inch iron rod with LJA cap set for
corner;
North 58' 55' 39" East a distance of 25.26 feet to a 5/8 inch iron rod with LJA cap set for
corner;
THENCE South 89' 45' 08" East a distance of 564.97 feet along the north line of said 10.8667
acres to a 5/8 inch iron rod with HC SMITH RPLS 1228 cap found;
THENCE South 000 00' 43" West a distance of 558.66 feet along the east line of said 10.8667 acres
to a 5/8 inch iron rod with LJA cap set for corner in the north line of said 250' wide Easement;
THENCE North 890 57' 15" West a distance of 956.78 feet along the south line of said 10.8667
acres and north line of said 250' wide Easement to the PLACE OF BEGINNING of herein described
tract of land and containing within these calls 10.867 acres of land.
WITNESS MY HAND AND SEAL THIS THE 271h DAY SEPTEMBER, 2018
SCOT LOWE, R.P.L.S. No. 5007
T.B.P.L.S. Firm No. 10193971
NOTE: Metes and bounds description prepared in
conjunction with survey dated September 27, 2018
Project No. LJAS011-1801
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E.I. DU PONT DE NEMOURS
Enoch Brinson Survey, Abstract No.5
Harris County, Texas
DESCRIPTION
Of 8.545 acres of land being out of and a part of that certain residue of E. I. Du Pont de
Nemours and Company called 83.2619 acre tract of land (Parcel 1), more fully described
and recorded in Clerk's File Number E679845 of the Official Public Records of Harris
County, Texas. Said 8.545 acre tract of land being situated in the Enoch Brinson Survey,
Abstract No. 5, Harris County, Texas and being more particularly described as follows:
(Bearings and distances based on DuPont Plant Grid coordinates);
COMMENCING at a 5/8-inch iron rod found for the Southwest corner of said 83.2619 acre
tract and that certain National Distillers & Chemical Corporation called 36.4562 acre tract
of land (Parcel 3), recorded in Clerk's File No. K905991 of said Official Public Records,
being in the North right-of-way line of Strang Road (Public Right -of -Way);
Thence South 890 48' 11" East along and with the South line of said 83.2619 acre tract,
the South line of said 36.4562 acre tract and said North right-of-way line of Strang Road,
passing at a distance of 1625.18 feet a 5/8-inch iron rod found for the Southeast corner of
said 36.4562 acre tract, being in the Northwesterly right-of-way line of a Humble Pipeline
Company called 2.95 acre tract, more fully described and recorded in Volume 2361, Page
475 of the Deed Records of Harris County, Texas, and being a Southwest corner of that
certain called 6.3327 acre tract of land (Parcel 1 - Save and Except Tract 1), more fully
described and recorded in said Clerk's File No. E679845 of said Official Public Records,
passing at 1688.58 feet the Southeasterly line of said 2.95 acre tract and a Southeasterly
corner of said 6.3327 acre tract, continuing for a total distance of 2178.61 feet to a point
in the South line of said 83.2619 acre tract and said North right-of-way line of Strang Road,
from which a found 1-inch iron rod bears South 89' 48' 11" East 34.63 feet being at the
intersection of the South line of said 83.2619 acre tract, same being said North right-of-
way line of Strang Road with the West line of that certain Humble Pipeline Company called
2.624 acre tract, more fully described and recorded in Volume 2367, Page 177 of said
Deed Records, same being the Southwest corner of said 6.3327 acre tract;
Thence North 000 11' 49" East over and across said 83.2619 acre tract a distance of 24.82
feet to a point for the Southwest corner and PLACE OF BEGINNING of the herein
described tract having DuPont Plant Grid coordinate values N - 4691.765, W - 8714.570;
THENCE North 11 ° 23' 00" East over and across said 83.2619 acre tract a distance of
825.07 feet to a point for the most Western Northwest corner of the herein described tract,
being in the Southeasterly right-of-way line of said 2.95 acre tract and a Southeasterly line
of said 6.3327 acre tract;
THENCE North 38' 08' 41" East along and with the Southeasterly line of said 2.95 acre
tract and said 6.3327 acre tract, a distance of 96.61 feet to a 1-inch iron rod found for
angle corner of the herein described tract and said 2.95 acre tract, same being in the West
line of said 2.624 acre tract and said 6.3327 acre tract;
THENCE North 510 41' 12" East over and across said 2.624 acre tract and said 6.3327
acre tract a distance of 77.96 feet to a 1-inch iron rod found for an angle corner of said
2.624 acre tract and 6.3327 acre tract, being the most Northern Northwest corner of the
herein described tract;
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Enoch Brinson Survey, Abstract No.5
Harris County, Texas
THENCE South 820 34' 18" East over and across said 83.2619 acre tract a distance of
219.35 feet to a 1-inch iron rod found for the Northeast corner of the herein described
tract, and being an angle corner in the West line of a called 1.7426 acre tract (Parcel 1 -
Save and Except Tract 2), more fully described and recorded in said Clerk's File Number
E679845 of said Official Public Records;
THENCE South 00' 00` 04" West along the West line of said 1.7426 acre tract, a distance
of 906.18 feet to a point for the Southeast corner of the herein described tract;
THENCE North 890 50' 30" West along and with the North line of said 1.7426 acre tract
and the South line of the herein described tract, passing at 405.42 feet a found 1-inch iron
rod in the East line of said 2.624 acre tract and said 6.3327 acre tract, being the most
Southern Northwest corner of said 1.7426 acre tract, passing at 458.17 feet the West line
of said 2.624 acre tract and said 6.3327 acre tract, continuing a total distance of 501.18
feet to the PLACE OF BEGINNING, containing 8.545 acres of land, more or less, save
and except 1.0738 acres lying in said Humble Pipeline Company called 2.624 acre tract
and said 6.3327 acre tract, more fully described as follows, leaving a net acreage of
7.4712;
Save & Except 1.0738 Acres
1.10738 acres being out of and a part of that certain Humble Pipeline Company called
2.624 acre tract of land, more fully described and recorded in Volume 2367, Page 177 of
the Deed Records of Harris County, Texas, and that certain 6.3327 acre tract (Parcel 1 -
save and except Tract 1), more fully recorded and described in Film Code No. E679845
of the Official Public Records of Harris County, Texas. Said 1.0738 acre tract of land being
situated in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas and being
more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the Southwest corner of that certain
83.2619 acre tract (Parcel 1), more fully described in said Clerk's File No. E679845 of said
Official Public Records and that certain National Distillers & Chemical Corporation called
36.4562 acre tract of land (Parcel 3), more fully described and recorded in Clerk's File No.
K905991 of said Official Public Records, being in the North right-of-way line of Strang
Road (Public Right -of -Way);
Thence South 890 48` 11" East along and with the South line of said 83.2619 acre tract,
the South line of said 36.4562 acre tract and said North right-of-way line of Strang Road,
passing at a distance of 1625.18 feet a 5/8-inch iron rod found for the Southeast corner of
said 36.4562 acre tract, being in the Northwesterly right-of-way line of a Humble Pipeline
Company called 2.95 acre tract, more fully described and recorded in Volume 2361, Page
475 of the Deed Records of Harris County, Texas, and being a Southwest corner of said
6.3327 acre tract of land, passing at 1688.58 feet the Southeasterly corner of said 2.95
acre tract and said 6.3327 acre tract, continuing for a total distance of 2213.24 feet to a
found 1-inch iron rod at the intersection of said South line of 83.2619 acre tract, being in
said North right-of-way line of Strang Road with the Southwest line of said 2.624 acre tract,
same being a Southwest corner of said 6.3327 acre tract;
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Enoch Brinson Survey, Abstract No.5
Harris County, Texas
Thence North 180 45' 51" East, along and with the West line of said Humble Pipeline 2.624
acre tract and said 6.3327 acre tract, a distance of 26.21 feet to a point for the Southwest
corner and PLACE OF BEGINNING of the herein described tract having DuPont Plant
Grid coordinate values N — 4691.646, W — 8671.556;
THENCE North 180 45' 51" East, along and with the West line of said 2.624 acre tract and
said 6.3327 acre tract, a distance of 10.18 feet to a point for an angle corner of the herein
described tract, same being an angle corner for said 2.624 acre tract and 6.3327 acre
tract;
THENCE North 110 23' 00" East, continuing along and with said West line of 2.624 acre
tract and said 6.3327 acre tract, a distance of 892.86 feet to a 1-inch iron rod found for the
Northwest corner of the herein described tract, being in the West line of said 2.624 acre
tract and an angle corner for said 6.3327 acre tract and said 2.95 acre tract;
THENCE North 510 41' 12" East over and across said 2.624 acre tract and said 6.3327
acre tract a distance of 77.96 feet to a 1-inch iron rod found for an angle corner of said
2.624 and 6.3327 acre tracts, being the Northeast corner of the herein described tract;
THENCE South 11 ° 23' 00" West along and with the East line of said 2.624 acre tract and
said 6.3327 acre tract, a distance of 952.15 feet to a 1-inch iron rod for the Southeast
corner of the herein described tract;
THENCE North 890 50' 30" West over and across said 2.624 acre tract and said 6.3327
acre tract a distance of 52.75 feet to the PLACE OF BEGINNING, containing 1.0738
acres of land, more or less.
WITNESS MY HAND AND SEAL THIS THE 271h DAY SEPTEMBER, 2018
SCOT LOWE, R.P.L.S. No. 5007
T.B.P.L.S. Firm No. 10193971
NOTE: Metes and bounds description prepared in
conjunction survey dated September 27, 2018
Project No. LJAS011-1801
8.545 ACRES
3 of 3
"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.)
Included on next page, DuPont Property map W 1800042.
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"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers, as well as the stacking of intermodal shipping
containers. 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:
c� 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.
c Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
(Z Freestanding identification signs shall not exceed 45
feet in height.
(Z Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. Intermodal shipping containers (including by not limited to
freight and tank containers) shall be permitted to be stacked
only to a maximum of two (2) containers in height in the said
100' strip. In those instances where shipping containers are
placed within the said 100' wide strip, the screening
requirements established in paragraph 3 immediately below
shall apply.
3. 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
14
"EXHIBIT C"
Page 2 of 3
of the development. Existing trees shall, together
with other vegetation and underbrush, create a
continuous visual screen.
b) The use of earthen berms with approximately 3:1 side
slopes, 50' wide at the base and 8' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights -of -way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items b and c above, the actual length of required
screening along the roadway will be equal to the length
of the new development that is parallel to the roadway.
Screening shall not be required for new development
that is to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement
and shall be kept free from any improvements except for
approved driveway access and identification signs.
For cases of new development or improvements where a
50' landscape easement is not available or practical,
Company shall meet with City to determine a suitable
landscaping alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10') wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
4. 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.
15
"EXHIBIT C"
Page 3 of 3
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.
5. 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.
6. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
I[: