HomeMy WebLinkAboutO-2020-IDA-113 NRG Texas Power LLC.•.
ORDINANCE NO. 2020-IDA-113
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NRG TEXAS POWER LLC, A TEXAS
LIMITED LIABILITY COMPANY, 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. NRG Texas Power, LLC, a Texas limited liability company 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, authoriked 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 belpffective from and after its passage and approval,
and it is so ordered.
PASSED and APPROVED, this 131h day of January, 2020.
CITY OF VA PQRTE, TEXAS
by,
ATTFCT-
APPROVED AS TO FORM:
(� '-, 7 -- , ,,
Clark T. Askins, Assistant City Attorney
oa
SR Bertron - NRG Texas Power LLC
NO. 2020 I DA-_A
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STATE OF TEXAS '
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and NRG Texas Power LLC
a Texas limited liability
company, 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 judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state
environmental laws, rules or regulations, to the same extent and
to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property_.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
2
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
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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
4
(6) Value Years.
(b) Application of the thirty percent (300) "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 (50) 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
W
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
VIM, 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 (LIMA), Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company's property,
and to which City agrees to respond. If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 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
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-& 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
E::
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
0
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: NRG Texas Power LLC
(COMPANY)
Attention: Tax Department Department
804 Carnegie Center
Princeton, NJ 08540
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:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name : Cummings Westlake LLC
Addres s : 12837 Louetta Rd. Suite 201
Cypress, TX 77429
Phone: 713-266-4456
Fax: 713-266-2333
Email: aevansOcwhnet
ENTERED INTO effective the 1st day of January, 2020.
rNRG Tex er C
By:
�C—z
PANY)
Nam'e:-A ahn
Title: Vice President
Address :804 Carn'do4eentir
Princeton. NJ 08540
10
APPROVED:
Knox W. Askins / r
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
STATE OF TEXAS '
COUNTY OF HARRIS '
CITY OF/ L)y �ATE, TEXAS
Lois �. Rig
Ma or
C�
Corby D Alexander
City Manager
CITY OF LA PORTE, TEXAS
604 West Fairmont Parkway
La Porte, TX 77571
This instrument was acknowledged before me on the`;J""Iday of
000JAW, 20101 by Dudley Zahn , Vice President
of NRG Texas Power LLC corporation, a Delaware corporation,
on behalf of said entity -
OW ELIZABETHL125874473
NotaryPublic, State f Texas
.vaie4�= NotaryPublic,s
E. _ •"= Comm. Expir2
�''iTF Of ���•
i,fi l 1. Notary ID
11
STATE OF TEXAS '
COUNTY OF HARRIS '
This instrument was acknowledged before m on the �3k� day of
U 20DD, by Louis R. Rigby, Mayo f the City of La
Porte, a municipal corporation, b a f of said eft.
N ary Public, State of
F67MN�(OTARY
LEE WOODWARD
NOTARY PUBLIC
STATE OF TEXAS
COMM. EXP. 2119/21
ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
Metes and Bounds Description
216.7 Acres (Gross), 147.5 Acres (Net)
Arthur McCormick Survey, Abstract No. 46
Harris County, Texas
Description of a 216.7 acre tract out of a called 462.852 acre tract described in a deed to Texas Genco
Holdings, Inc. as recorded under File No. W048257 of the Harris County Official Public Records of Real
Property (H.C.O.P.R.R.P.), in the Arthur McCormick Survey, Abstract No. 46, in Harris County, Texas,
said 216.7 acre tract being more particularly described as follows (with bearings referenced to the Texas
Coordinate System of 1983, South Central Zone):
BEGINNING at an iron rod with "Carter & Burgess" cap found on the northeasterly right-of-way line of Miller
Cut Off Road (60 feet wide) as recorded in Volume 181, Page 514 of the Harris County Deed Records
(H.C.D.R.), said point marks the westernmost northwesterly corner of a called 106.10 acre tract described
in a deed to Battleground Oil Specialty Terminal Company, LLC as recorded under File No.
20100508094 of said H.C.O.P.R.R.P., and from which a 3/4-inch iron rod with "Reliant" cap found for the
southwesterly comer of said 462.852 acre tract bears South 38° 06' 54" East, a distance of 1,460.84 feet;
THENCE, North 38° 06' 54" West, along the northeasterly right-of-way line of said Miller Cut Off Road, a
distance of 655.80 feet to a 3/4-inch iron pipe found for an angle point in said right-of-way line, and from
which a found 2-inch iron pipe bears South 870 07' West, 2.3 feet;
THENCE, North 65' 19' 30" West, continuing along said northeasterly right-of-way line, a distance of
150.67 feet to a point for the southwesterly corner of this herein described tract, said point being the
southwesterly corner of said 462.852 acre tract and the southeasterly corner of a called 4.849 acre tract
described in a deed to Harris County Houston Ship Channel Navigation District as recorded in Volume
5269, Page 583 of said H.C.D.R., from which a found 1-inch iron rod bears South 38" 41' East, 0.6 foot;
THENCE, North 24' 16' 46" East, along the easterly line of said 4.849 acre tract and a westerly line of
said 462.852 acre tract, a distance of 2,759.29 feet to a point for corner, said point being the
southwesterly corner of a called 0.783 acre tract referred to as Parcel No. 2 in a deed to the Port of Houston
Authority as recorded under File No. L483877 of said H.C.O.P.R.R.P., and from which a found
1-inch iron pipe (disturbed) bears North 03' 41' West, 3.6 feet;
THENCE, along the common line between said 462.852 acre tract and said 0.783 acre tract, being along
the meanders of a gully as follows:
South 760 01' 03" East, a distance of 20.36 feet;
South 120 54' 13" East, a distance of 55.26 feet;
South 38° 17' 47" East, a distance of 72.02 feet;
North 15' 09' 28" West, a distance of 92.68 feet;
North 12° 13' 54" East, a distance of 172.12 feet;
North 630 54' 43" East, a distance of 116.69 feet;
North 39° 35' 15" East, a distance of 125.66 feet to a 3/4-inch iron rod with "Reliant" cap found for
corner;
THENCE, North 29° 06' 26" West, a distance of 162.16 feet to a 3/4-inch iron rod with "Reliant" cap found
for corner in the easterly line of said 4.849 acre tract and which marks the northerly corner of said 0.783
acre tract;
Page 1
THENCE, North 24' 16' 46" East, along the easterly line of said 4.849 acre tract, a distance of 286.40 feet
to a 3/4-inch iron rod with "Reliant" cap found for the northernmost corner of this herein described tract
and being in the southerly line of a called 4.474 acre tract described in a deed to Harris County Houston
Ship Channel Navigation District as recorded in Volume 5269, Page 583 of said H.C.D.R.;
THENCE, South 65° 42' 19" East, along a northerly line of this tract and the southerly line of said 4.474
acre tract, a distance of 278.63 feet to a 3/4-inch iron rod with "Reliant" cap found for corner, said point
also being a common corner with a called 19.744 acre tract referred to as Parcel No. 3 in a deed to the
Port of Houston Authority as recorded under File No. L483877 of said H.C.O.P.R.R.P.;
THENCE, along a common line between said 462.852 acre tract and said 19.744 acre tract along the
meanders of a gully as follows:
South 22' 07' 01" West, a distance of 29.44 feet;
South 89' 46' 55" West, a distance of 20.55 feet;
North 68° 30' 18" West, a distance of 13.62 feet;
North 83° 07' 48" West, a distance of 25.54 feet;
South 24° 27' 39" West, a distance of 22.45 feet;
South 61 ° 06' 43" West, a distance of 47.04 feet;
North 880 13' 30" West, a distance of 18.55 feet;
North 23° 12' 18" West, a distance of 47.53 feet;
South 14° 35' 24" West, a distance of 47.60 feet;
South 62° 23' 47" West, a distance of 10.34 feet;
South 690 45' 51" West, a distance of 31.18 feet;
North 68° 13' 32" West, a distance of 49.21 feet;
South 73' 43' 50" West, a distance of 46.71 feet to a 3/4-inch iron rod with "Reliant" cap found for
corner;
THENCE, South 29° 26' 59" East, along said common line, a distance of 143.66 feet to a 5/8-inch iron rod
found for corner;
THENCE, continuing along said common line along the meanders of a gully as follows:
South 76' 47' 55" East, a distance of 82.75 feet;
North 40° 23' 10" East, a distance of 38.75 feet;
North 75' 58' 35" East, a distance of 54.54 feet to a 3/4-inch iron rod with "Reliant" cap found for
corner;
THENCE, South 29° 07' 13" East, along said common line, a distance of 1,171.07 feet to a 1-inch iron rod
found for corner, and from which a found 5/8-inch iron rod bears North 05° 03' East, 3.7 feet;
Page 2
THENCE, North 60° 53' 37" East, along said common line, a distance of 474.61 feet to a 1-inch iron rod
found for corner, and from which a found 5/8-inch iron rod bears North 10' 52' East, 3.9 feet;
THENCE, North 29' 06' 36" West, along said common line, a distance of 97.02 feet to a 1-inch iron rod
found for corner, and from which a found 5/8-inch iron rod bears North 09° 28' East, 4.0 feet;
THENCE, North 30' 54' 23" East, along said common line, a distance of 267.32 feet to a 5/8-inch iron rod
found for corner;
THENCE, along said common line and along the meanders of a gully as follows;
South 60' 04' 39" East, a distance of 92.87 feet;
South 64' 17' 34 East, a distance of 99.54 feet;
South 66° 40' 23" East, a distance of 100.04 feet;
South 64° 35' 49" East, a distance of 101.98 feet;
South 77° 28' 05" East, a distance of 100.36 feet;
South 87' 17' 58" East, a distance of 33.57 feet;
South 14' 27' 23" East, a distance of 46.23 feet;
South 84° 00' 27" East, a distance of 28.77 feet;
North 23° 07' 06" East, a distance of 24.46 feet;
South 88° 40' 07" East, a distance of 67.15 feet;
North 84° 04' 45" East, a distance of 95.75 feet to a point which marks an easterly corner of said
19.744 acre tract;
THENCE, continuing along the deeded line of said 462.852 acre tract as follows:
South 75' 11' 32" East, a distance of 95.80 feet;
South 78' 22' 32" East, a distance of 100.10 feet;
South 86' 02' 32" East, a distance of 46.30 feet;
South 73° 28' 32" East, a distance of 59.60 feet;
South 47' 24' 32" East, a distance of 46.10 feet;
South 74° 27' 32" East, a distance of 40.00 feet;
South 50° 44' 32" East, a distance of 11.20 feet;
South 88° 37' 32" East, a distance of 35.70 feet;
North 64' 53' 28" East, a distance of 62.00 feet;
South 85' 36' 32" East, a distance of 41.40 feet;
Page 3
South 68° 09' 32" East, a distance of 12.60 feet;
South 37° 11' 32" East, a distance of 61.60 feet;
South 76' 19' 32" East, a distance of 53.00 feet;
South 77° 32' 32" East, a distance of 100.10 feet;
South 76' 20' 32" East, a distance of 52.00 feet;
South 66' 57' 32" East, a distance of 48.50 feet;
South 83' 51' 32" East, a distance of 86.90 feet;
South 88' 06' 32" East, a distance of 80.90 feet;
South 75° 36' 32" East, a distance of 15.50 feet;
South 84° 25' 32" East, a distance of 37.60 feet;
North 68° 53' 28" East, a distance of 35.50 feet;
South 49' 10' 32" East, a distance of 23.10 feet;
South 33° 40' 32" East, a distance of 88.60 feet;
South 47° 29' 32" East, a distance of 77.50 feet;
South 64' 33' 32" East, a distance of 49.80 feet;
South 66° 40' 32" East, a distance of 18.40 feet;
South 40° 54' 32" East, a distance of 17.50 feet;
South 10° 12' 28" West, a distance of 83.20 feet to a 5/8-inch iron rod with cap stamped
"McKim&Creed" set for a corner of a called 9.536 acre tract described in a deed to TEPPCO
Terminals Company, L.P. as recorded under File No. 20100110718 of said H.C.O.P,.R.R.P.;
THENCE, along the common line of said 9.536 acre tract and this herein described tract as follows:
South 15° 22' 56" West, a distance of 23.82 feet to a "crows foot" set in concrete for corner;
North 79' 52' 17" West, a distance of 286.98 feet to an "X" set in a metal plate for comer;
North 21' 39' 02" West, a distance of 24.10 feet to a "crows foot" set on top of metal sheet piling for
corner;
South 81' 16' 53" West, a distance of 43.09 feet to a capped iron rod found for an angle point;
South 57' 06' 58" West, a distance of 94.24 feet to a capped iron rod found for an angle point;
South 11' 16' 18" West, a distance of 51.18 feet to a capped iron rod found for an angle point;
South 79' 01' 19" East, a distance of 171.63 feet to a capped iron rod found for corner;
South 09' 56' 01" West, a distance of 56.40 feet to a capped iron rod found for corner;
Page 4
South 82' 29' 58" East, a distance of 82.58 feet to a 5/8-inch iron rod with cap stamped "McKim &
Creed" set for corner;
South 10' 07' 56" West, a distance of 68.88 feet to a 5/8-inch iron rod with cap stamped "McKim &
Creed" set for corner;
South 79° 52' 04" East, a distance of 39.80 feet to a capped iron rod found for corner;
South 09' 51' 58" West, a distance of 155.27 feet to an 'X" set for corner in a metal plate in a
concrete wall which marks the southernmost southwesterly corner of said 9.,536 acre tract;
THENCE, South 80° 13' 32" East, along the most southerly line of said 9.536 acre tract, a distance of
110.50 feet to an "X" set in a concrete wall for an angle point;
THENCE, South 50' 17' 05" East, continuing along said southerly line, a distance of 18.91 feet to an "X"
set in a metal plate in said concrete wall for an angle point;
THENCE, South 80' 14' 58" East, continuing along said southerly line, a distance of 458.18 feet to an "X"
set on top of a metal post in said concrete wall for an angle point;
THENCE, North 53° 11' 49" East, continuing along said southerly line, a distance of 18.83 feet to an 'X"
set in a metal plate in said concrete wall for an angle point; '
THENCE, North 10* 11' 10" East, a distance of 9.69 feet to an "X" cut in concrete set for corner;
THENCE, South 82° 26' 20" East, a distance of 37.38 feet to a 3-inch diameter fence post found for the
easternmost southeasterly corner of said 9.536 acre tract;
THENCE, North 10' 27' 00" East, along an easterly line of said 9.536 acre tract, a distance of 267.76 feet
to a 5/8-inch iron rod with cap stamped "McKim & Creed" set for an angle point;
THENCE, North 45° 49' 05" East, continuing along said easterly line, a distance of 34.17 feet to a
5/8-inch iron rod with cap stamped "McKim & Creed" set for corner in a northwesterly line of a called
46.68 acre tract described in a deed to Battleground Oil Specialty Terminal Company, LLC as recorded
under File No. 20100508094 of said H.C.O.P.R.R.P.:
THENCE, South 53' 13' 58" East, along the common line between said 46.68 acre tract and this herein
described tract, a distance of 54.59 feet to a 5/8-inch iron rod with cap stamped "McKim & Creed" set for
an angle point;
THENCE, South 10' 32' 34" West, continuing along said common line, a distance of 318.99 feet to a point
for corner (point falls in the water);
THENCE, continuing along said common line along the meanders of a channel as follows:
South 89' 31' 21" East, a distance of 148.84 feet;
South 14' 46' 22" East, a distance of 75.21 feet;
South 70' 02' 51" East, a distance of 242.25 feet;
South 89° 38' 44" East, a distance of 123.62 feet;
South 87' 23' 08" East, a distance of 136.63 feet;
Page 5
North 78° 39' 40" East, a distance of 91.99 feet;
North 07° 58' 31" East, a distance of 27.09 feet;
North 35° 40' 25" East, a distance of 165.75 feet;
North, 62' 17' 29" East, a distance of 62.32 feet;
North 450 02' 44" East, a distance of 180.98 feet;
North 77' 09' 26" East, a distance of 18.91 feet to a point for the most easterly comer of said 46.68
acre tract;
THENCE, along a deed line of said 462.852 acre tract as follows (all lines are in the water):
South 63' 04' 44" East, a distance of 44.39 feet;
South 60' 07' 32" East, a distance of 102.40 feet;
South 63° 03' 32" East, a distance of 55.60 feet;
South 62° 57' 32" East, a distance of 90.90 feet;
South 62' 04' 32" East, a distance of 100.50 feet;
South 71' 36' 32" East, a distance of 45.00 feet;
South 86' 26' 37" East, a distance of 66.72 feet;
South 21 ° 14' 25" West, a distance of 710.80 feet to a point for the northeasterly corner of said
106.10 acre tract;
THENCE, along a common line between said 106.10 acre tract and this herein described tract along the
meanders of a channel as follows:
North 63° 38' 13" West, a distance of 78.68 feet;
South 22° 26' 59" West, a distance of 59.73 feet;
South 36° 42' 26" West, a distance of 22.96 feet;
South 55° 42' 02" West, a distance of 49.97 feet;
North 87' 26' 46" West, a distance of 18.85 feet;
South 72' 35' 16" West, a distance of 54.90 feet;
South 79' 45' 44" West, a distance of 43.55 feet;
South 83' 25' 14" West, a distance of 56.03 feet;
North 82° 26' 53" West, a distance of 248.73 feet;
North 72° 38' 53" West, a distance of 214.13 feet;
North 73° 22' 51" West, a distance of 224.56.feet;
Page 6
North 46° 00' 33" West, a distance of 130.79 feet;
North 20' 19' 42" West, a distance of 101.93 feet;
North 06° 02' 29" West, a distance of 71.55 feet;
North 15' 56' 25" West, a distance of 102.89 feet;
North 50' 25' 05" West, a distance of 145.58 feet to a point for corner;
THENCE, South 31" 41' 06" West, departing said channel along a common line of said 106.10 acre tract
and this herein described tract, a distance of 30.32 feet to a 5/8-inch iron rod with cap stamped "McKim &
Creed" set for an angle point;
THENCE, North 81° 33' 21" West, continuing along said common line, a distance of 265.11 feet to a
5/8-inch iron rod with cap stamped "McKim & Creed" set for an angle point;
THENCE, South 45° 00' 06" West, continuing along said common line, a distance of 93.88 feet to a
5/8-inch iron rod with cap stamped "McKim & Creed" set for an angle point;
THENCE, North 81 ° 46' 30" West, continuing along said common line, a distance of 203.20 feet to a MAG
nail set in concrete for an angle point
THENCE, South 50' 28' 08" West, along said common line, a distance of 135.07 feet to a 5/8-inch iron
rod with cap stamped "McKim & Creed" set for an angle point;
THENCE, South 09' 59' 42" West, along said common line, a distance of 212.47 feet to a 5/8-inch iron
rod with "Gullett & Assoc" cap found for an angle point;
THENCE, North 850 31' 32" West, along said common line, a distance of 123.65 feet to a chain link fence
corner found for corner;
THENCE, South 18' 59' 39" West, along said common line, a distance of 77.35 feet to a fence post found
at an angle point in a chain link fence line;
THENCE, South 21' 36' 59" West, continuing along said common line, a distance of 426.68 feet to a
5/8-inch iron rod with "Reliant" cap found for corner;
THENCE,, North 79° 59' 36" West, along said common line, a distance of 478.91 feet to a MAG nail set in
concrete for an angle point;
THENCE, South 37' 58' 55" West, along said common line, a distance of 237.71 feet to a 5/8-inch iron
rod with cap stamped "McKim & Creed" set for an angle point;
THENCE, North 80' 00' 16" West, along said common line, a distance of 1,866.76 feet to a MAG nail set
in concrete for corner, and from which a found monument with aluminum cap bears South 06° 02' East,
5.0 feet;
THENCE, South 48' 33' 12" West, along said common line, a distance of 1,169.63 feet to a 5/8-inch iron
rod with "Gullett & Assoc" cap found for an angle point;
THENCE, South 00" 19' 29" West, continuing along said common line, a distance of 267.30 feet to a
5/8-inch iron rod with "Gullett & Assoc" cap found for an angle point;
Page 7
THENCE, South 87° 40' 31" West, continuing along said common line, a distance of 257.76 feet to the
POINT OF BEGINNING and containing a computed area of 216.7 acres of land.
SAVE AND EXCEPT the following three tracts of land:
Tract 1 —12.27 Acres (534,403 Square Feet)
Description of a 12.27 acre (534,403 square feet) tract of land being all of a called 11.746 acre tract retained
by Reliant Energy, Incorporated and described in the deed recorded under File No. W048257 of said
H.C.O.P.R.R.P., and all of a called 0.516 acre and a 298.5 square foot tract described in a deed to
CenterPoint Energy Houston Electric, LLC as recorded under File No. 20140217419 of said
H.C.O.P.R.R.P., said 12.27 acre tract being more particularly described as follows:
COMMENCING at the POINT OF BEGINNING of the previously described 216.7 acre tract;
THENCE, North 61 ° 47' 57" East, a distance of 2,811.89 feet to a 3/4-inch iron rod found for the
southwesterly corner of said 11.746 acre tract and the POINT OF BEGINNING of this herein described
tract;
THENCE, North 10' 11' 15" East, along the most westerly line of said 11.746 acre tract, a distance of
469.29 feet to a 5/8-inch iron rod with "Reliant" cap found for the northwesterly corner of this herein
described tract;
THENCE, South 79°48' 45" East, along a northerly line of said 11.746 acre tract, a distance of 549.82 feet
to an "X" set in a metal lid for corner;
THENCE, South 10° 11' 15" West, along an easterly line of said 11.746 acre tract, a distance of 79.70
feet to a 3/4-inch iron rod with "Carter Burgess" cap found for an interior corner;
THENCE, South 80° 00' 35" East, along a northerly line of said 11.746 acre tract, a distance of 200.62
feet to a MAG nail found for the southwesterly corner of said 298.5 square foot tract;
THENCE, North 09' 55' 26" East, along the westerly line of said 298.5 square foot tract, a distance of
149.24 feet to a 3/4-inch iron rod with "Reliant" cap found for corner;
THENCE, South 79' 45' 35" East, along the northerly lines of said 298.5 square foot tract, said 11.746
are tract and said 0.516 acre tract, a distance of 192.18 feet to a 3/4-inch iron rod with "Reliant" cap found
for corner;
THENCE, South 09° 56' 23" West, along an easterly line of said 0.516 acre tract, a distance of 131.59
feet to a 5/8-inch iron rod with "Reliant" cap found for an interior comer;
South 79° 54' 19" East, along a northerly line of said 0.516 acre tract a distance of 238.42 feet to a
5/8-inch iron rod with "Reliant" cap found for corner;
THENCE, South 09' 57' 34" West, along the easterly lines of said 0.516 acre tract and said 11.746 acre
tract, a distance of 402.96 feet to a 3/4-inch iron rod with "Reliant" cap found for the southeasterly corner
of said 11.746 acre tract;
THENCE, North 80° 03' 48" West, along the southerly line of said 11.746 acre tract, a distance of
1,182.54 feet to the POINT OF BEGINNING and containing a computed area of 12.27 acres (534,403
square feet) of land.
Page 8
Tract 2 - 6.09 Acres (265,199 Square Feet)
Description of a 6.09 acre (265,199 square feet) tract of land being all of a called 6.080 acre tract
retained by Reliant Energy, Incorporated and described in the deed recorded under File No. W048257
of said H.C.O.P.R.R.P., said 6.09 acre tract being more particularly described as follows:
COMMENCING at the POINT OF BEGINNING of the previously described 216.7 acre tract;
THENCE, North 50' 29' 09" East, a distance of 2,291.84 feet to a 3/4-inch iron rod found for the
southeasterly comer of said 6.080 acre tract and the POINT OF BEGINNING of this herein described
tract;
THENCE, North 79° 59' 18" West, along the southerlyline of said 6.080 acre tract, a distance of 530.76
feet to a, 5/8-inch iron rod with "Carter Burgess" cap found for the southwesterly corner of this herein
described tract; -
THENCE, North 00° 21' 39" East, along the westerly line of this tract, a distance of 124.85 feet to a
3/4- inch iron rod found for an angle point;
THENCE, North 020 48' 05" East, continuing along said westerly line, a distance of 140.78 feet to
a 5/8-inch iron rod with "Reliant" cap found for corner,
THENCE, North 56' 20' 14" East, along a northwesterly line of this tract, a distance of 176.75 feet
to a 5/8-inch iron rod with "Reliant" cap found for the beginning of a non -tangent curve to the right;
THENCE, northeasterly, 125.37 feet, along the arc of said curve to the right (central angle = 10' 11'
11 "; radius = 705.20 feet; chord bearing and distance = North 560 59' 15" East, 125.21 feet) to a 5/8-
inch iron rod with "Reliant" cap found for the beginning of a non -tangent curve to the right;
THENCE, northeasterly, 269.96 feet, along the arc of said curve to the right (central angle = 40° 38'
58"; radius = 380.51 feet; chord bearing and distance = North 80' 04' 41" East, 264.33 feet) to a 5/8-
inch iron rod with "Reliant" cap found for the end of curve;
THENCE, South 80' 04' 25" East, a distance of 101.53 feet to a 5/8-inch iron rod with "Reliant" cap
found for the northeasterly corner of said 6.080 acre tract;
THENCE, South 10' 00' 58" West, along the easterly line of said 6.080 acre tract, a distance of
560.51 feet to the POINT OF BEGINNING and containing a computed area of 6.09 acres (265,199
square feet) of land.
Tract 3 — 50.9 Acres (2,217,076 Square Feet)
Description of a 50.90 acre (2,217,076 square feet) tract of land out of the residue of a called 462.852 acre
tract described in a deed to Texas Genco Holdings, Inc., as recorded under File No. W048257 of the Harris
County Official Public Records of Real Property (H.C.O.P.R.R.P.), in the Arthur McCormick Survey,
Abstract No. 46, in Harris County, Texas, said 50.90 acres being more particularly describe as follows (with
bearings referenced to the Texas Coordinate System of 1983, South Central Zone. All coordinates are grid
coordinates and may be converted to surface values by applying a combined scale factor of 0.9998861. All
distances shown are surface distances):
COMMENCING at a point on the northeasterly right-of-way line of Miller Cut -Off Road (60 feet wide) which
marks the southwesterly corner of said 462.852 acre tract and the southeasterly corner of a called 4.849
acre tract described in a deed to Harris County Houston Ship Channel Navigation District as recorded in
Volume 5269, Page 583, of the Harris County Deed Records (H.C.D.R.), said point having grid coordinates
of North = 13,831,378.947 feet, East = 3,214,900.107 feet, and from which a found 1-inch iron rod bears
South 38° 41' East, 0.6 foot;
Page 9
THENCE, North 24° 16' 46" East, along a westerly line of said 462.852 acre tract and the easterly line of
said 4.849 acre tract, a distance of 293.32 feet to a 5/8-inch iron rod with "McKim & Creed" cap set for the
mosUsoutherly corner and "POINT OF BEGINNING" of this herein described tract, said point having grid
coordinates of
North = 13,831,646.292 feet, East = 3,215,020.702 feet;
THENCE, North 24' 16' 46" East, continuing along the aforesaid lines and along the westerly line of this
tract, at 2,416.05 feet pass a found 3/4-inch iron rod with "H.L.& P." cap, and continuing for a total distance
of 2,465.97 feet to a point for corner, said point being the southwesterly corner of a called 0.783 acre tract
referred to as Parcel No. 2 in a deed to the Port of Houston Authority as recorded under File No. L483877
of said H.C.O.P.R.R.P., and from which a found 1-inch iron pipe (disturbed) bears North 31' 41' West, 3.6
feet;
THENCE, along the common line between said 462.852 acre tract and said 0.783 acre tract, being along
the meanders of a gully as follows;
South 76° 01' 03" East, a distance of 20.36 feet, to a point;
South 12' 54' 13" East, a distance of 55.26 feet, to a point;
South 380 17' 47" East, a distance of 72.02 feet, to a point;
North 15° 09' 28" West, a distance of 92.68 feet, to a point;
North 12° 13' 54" East, a distance of 172.12 feet, to a point;
North 63' 54' 43" East, a distance of 116.69 feet, to a point;
North 390 35' 15" East, a distance of 125.66 feet, to a point, from which a found 3/4-inch iron rod with
"Reliant' cap bears North 04° 38' West, 0.4 foot;
North 29° 06' 26" West, a distance of 162.16 feet to a 3/4-inch iron rod with "Reliant" cap found in the
easterly line of said 4.849 acre tract for comer;
THENCE, North 24' 16' 46" East, along the common line between said 462.852 acre tract and said 4.849
acre tract, a distance of 286.40 feet to a 3/4-inch iron rod with "Reliant" cap found in a southerly line of a
called 4.474 acre tract described in a deed to the Harris County Houston Ship Channel Navigation District
by deed recorded in Volume 5269, Page 583, of the Harris County Deed Records which marks the
northwesterly corner of this herein described tract;
THENCE, South 65' 42' 19" East, along the common line between said 4.474 acre tract and said 462.852
acre tract, a distance of 278.63 feet to a 3/4-inch iron rod with "Reliant" cap found for a corner of said
462.852 acre tract and a corner of a called 19.744 acre tract referred to as Parcel No. 3 in a deed to the
Port of Houston Authority as recorded under File No. L483877 of said H.C.O.P.R.R.P.;
THENCE, along the common line between said 462.852 acre tract and said 19.744 acre tract along the
meanders of a gully as follows:
South 22' 07' 0 1 " West, a distance of 29.44 feet, to a point;
South 89' 46' 55" West, a distance of 20.55 feet, to a point;
North 68' 30' 18" West, a distance of 13.62 feet, to a point;
North 83° 07' 48" West, a distance of 25.54 feet, to a point;
Page 10
South 24° 27' 39" West, a distance of 22.45 feet, to a point;
South 61 ° 06' 43" West, a distance of 47.04 feet, to a point;
North 88' 13' 30" West, a distance of 18.55 feet, to a point;
North 23' 12' 18" West, a distance of 47.53 feet, to a point;
South 14° 35' 24" West, a distance of 47.60 feet, to a point;
South 620 23' 47" West, a distance of 10.34 feet, to a point;
South 690 45' 51" West, a distance of 31.18 feet, to a point;
North 68' 13' 32" West, a distance of 49.21 feet, to a point;
South 730 43' 50' West, a distance of 46.71 feet to a 3/4-inch iron rod with "Reliant" cap found for corner;
THENCE, South 29' 26' 59" East, continuing along said common line, a distance of 143.66 feet to a 5/8-
inch iron rod with "Reliant" cap found for comer;
THENCE, continuing along said common line along the meanders of a gully as follows;
South 76' 47' 55" East, a distance of 82.75 feet, to a point;
North 40° 23' 10" East, a distance of 38.75 feet, to a point;
North 75° 58' 35" East, a distance of 54.54 feet, to a 3/4-inch iron rod with "Reliant" cap found for comer;
THENCE, South 29' 07' 13" East, continuing along said common line, at 1,171.07 feet pass a 1-inch iron
rod found for a southerly corner of said 19.744 acre tract, and continuing for a total distance of 1,373.29
feet to a 5/8-inch iron rod with "McKim & Creed" cap set for the southeasterly corner of this herein described
tract;
THENCE, South 56' 21' 11" West, along the southeasterly line of this tract, a distance of 2,618.50 feet to
the POINT OF BEGINNING, and containing a computed area of 50.90 acres (2,217,076 square feet) of
land.
The overall tract less the three SAVE AND EXCEPT tracts leaves a net area in the overall tract of
147.5 acres of land.
Page 11
r
"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.)
Boundary of site is boundary of first plat save and except boundary of second plat.
i� # lygh l ARTMUR M CORMICK 5 WEY A 6L
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198.4 ACRES (NET) OUT OF THE
ARTHUR McCORMICK SURVEY, A-46
HARRIS COUNTY. TEXAS
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"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.
16