HomeMy WebLinkAboutO-2020-IDA-114 Texas Genco Services LPORDINANCE NO. 2020-IDA;114
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS GENCO SERVICES LP, A TEXAS
LIMITED PARTNERSHIP, 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. Texas Genco Services, LP,"-� Texas limited partnership 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 13th day of January, 2020.
CITY OF L-A PORTE, TEXAS
uisp. Rigby
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
S.R. Bertron - Texas Genco Services LP
NO. 2020 IDA- `1 §
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 Texas Genco Services LP, a Texas
limited partnership, 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
E
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
4
(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
41
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 (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 LIMA,
the obligations of Company and City shall be governed by the CIMA
agreement, to which agreement City is a party.
1 IV.
This Agreement shall extend for a period beginning on the lst 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 valuations statement submitted to City by Company hereunder,
or the total assessment and "in lieu of taxes" thereon for the last
preceding year, whichever is higher.
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.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate, and not
unduly restrictive of Company's business activities. Without such
agreement neither party hereto would enter into this Agreement. In the
event any one or more words, phrases, clauses, sentences, paragraphs,
sections, articles or other parts of this Agreement or the application
thereof to any person, firm, corporation or circumstances shall be held
by any court of competent jurisdiction to be invalid or unconstitutional
for any reason, then the application, invalidity or unconstitutionality
of such words, phrase, clause, sentence, paragraph, section, article or
other part of the Agreement shall be deemed to be independent of and
separable from the remainder of this Agreement and the validity of the
remaining parts of this Agreement shall not be affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
E
said Land shall terminate.
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: Texas Genco Services LP
Attention: Tax 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
Address: 12837 Louetta Road, Suite 201
Cypress, TX 77429
Phone: 713-266-4566
Fax: 713.266-2333
Email: aevans@cwlp.net
ENTERED INTO effective the lst day of January, 2020_
TEXAS GENCO SERVICES, LP, XYL/
A Texas limited partnership
By NEW Gs fie e al e tL
Its\ar ner
By:
Name: N
Title: Vic sident
Address: 804 Carnegie Ce
Princeton. NJ 085
10
E
ST CITY OF6LAWPF TEXAS
DBy:
Secretary Louis R. ig y
Mayor 1
�r B y :
nox W. Askins Corby D Alexander
City Attorney City Manager
City of La Porte
P.O. Box 1218 CITY OF LA PORTE, TEXAS
La Porte, TX 77572-1218 604 West Fairmont Parkway
281.471.1886 La Porte, TX 77571
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS §
§
COUNTY OF HARRIS §
"IY,
Thi � instrum nt was acknowledged before me on
of 'g�j , 20`q, by Dudley Zahn, Vice President of
the [ day
Texas Genco
Services LP, a Texas limited partnership on behalf of said
entity.
ELIZABETH WOLFORD
`1
Notary Public, State of Texas
`Q
Notary Public, State
of Texas
Comm. Expires 11-28-2022
Notary ID 125874473
11
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 1131-1-� day of
r- 20Pp, by Louis R. Rigb Mayo of the City of La
Porte, municipal corporation, o b h if of sai ntity.
------------
LEE WOODWARD o ary Pu ic, % xas
NOTARY PUBLIC
* * STATE OF TEXAS
MY COMM. EXP. 2/19/21
NOTARY ID 12 881012-9
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 corner 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 12' 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 63° 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 'I
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 650 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 220 07' 0 1 " 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 830 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 88' 13' 30" West, a distance of 18.55 feet;
North 230 12' 18" West, a distance of 47.53 feet;
South 14' 35' 24" West, a distance of 47.60 feet;
South 620 23' 47" West, a distance of 10.34 feet;
South 69' 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 400 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 100 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 090 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 640 17' 34" East, a distance of 99.54 feet;
South 66" 40' 23" East, a distance of 100.04 feet;
South 640 35' 49" East, a distance of 101.98 feet;
South 77' 28' 05" East, a distance of 100.36 feet;
South 870 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 470 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 840 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 corner;
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 820 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 790 52' 04" East, a distance of 39.80 feet to a capped iron rod found for corner;
South 090 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 100 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 45' 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 corner 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 630 03' 32" East, a distance of 55.60 feet;
South 620 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 720 35' 16" West, a distance of 54.90 feet;
South 79' 45' 44" West, a distance of 43.55 feet;
South 830 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 200 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 85' 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 000 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 corner;
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 corner 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' 1 V
11 "; radius = 705.20 feet; chord bearing and distance = North 56° 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
most southerly 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 120 54' 13" East, a distance of 55.26 feet, to a point;
South 38` 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 39' 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 corner;
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 62' 23' 47" West, a distance of 10.34 feet, to a point;
South 69' 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 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, continuing along said common line, a distance of 143.66 feet to a 5/8-
inch iron rod with "Reliant" cap 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, 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 corner;
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
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a site layout,
showing all improvements, including pipelines and railroads, and also
showing areas of the Land previously annexed by the City of La Porte.)
13
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BOUNDARY SURVEY OF
196.4 ACRES (NET) OU7- OF THE
ARTHUR McCORMICK SURVEY. A-46
HARRIS COUNTY, TEXAS
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ARTHUR MCCORNICN SURVEY, A-46
HMRIS COUNTY. TEAS
"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:
a) One freestanding identification sign shall be permitted for
each side of an industrial establishment that fronts on an
improved public right-of-way.
b) Freestanding identification signs for single tenant buildings
shall not exceed 150 square feet in area.
c) One freestanding identification sign for identifying multiple
businesses is allowable at the intersection of improved public
rights -of -way.
d) Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
e) Freestanding identification signs shall not exceed 45 feet in
height.
f) 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 Highway225, or State Highway 146
shall be screened by one of the following techniques:
a) Leaving in place existing trees, vegetation, underbrush, etc.
to provide a thorough and effective visual screening of the
development. Existing trees shall, together
14
"EXHIBIT C"
Page 2 of 3
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 round 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