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HomeMy WebLinkAboutO-2020-IDA-67 Gemini HDPE, LLC ORDINANCE NO. 2020-IDA-67 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GEMINI HDPE, LLC, A DELAWARE CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. Gemini HDPE, LLC. a Delaware corporation has executed an industrial district agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December 31, 2031, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte. Texas. the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies. approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED and APPROVED, this 28th day of October, 2019. CITY OF PORTE, TEXAS 'elk Louis R. 'igby, Mayor ATTEST: roe.. ' odward, City Secretary APPROVED AS TO FORM: Clark T. Askins, Assistant City Attorney NO. 2020 IDA-(/l 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 corpo ation of Harris County, Texas, hereinafter called "CITY" , and (764440f HDPE LLC , a DeXteaet.,/e corporation, hereinafter called "COMPANY" , WITNESSETH: 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. III . A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2 , and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property" ) ; provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 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 3 taxes" on Company' s land, improvements and tangible 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 (300) , 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 (300) " 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 20o)valuation through Value Year 2022, and a 4 Thirty (30%) valuation for any additional Value Years beyond Value Year 2022 , for a total of six (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, 5 (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal property to which subparagraph 2, above applies) , had been within the corporate limits of City and appraised each year by the City' s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City' s ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. 4 . Notwithstanding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section 1-j of the Texas Constitution and Section 11.251 of the Texas Property Tax Code to taxpayers within the City limits, then the freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of property become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not limited to, Article VIII, Section 1-n, of the Texas Constitution and Section 11.253 of the Texas Property Tax Code) , such class or type of property shall be exempt for purposes of this Agreement, unless the City Council of the City of La Porte shall by Ordinance provide for the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes . 5 . City and Company acknowledge circumstances might require the City to provide emergency services to Company' s Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA) , Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company' s property, and to which City agrees to respond. If Company is a member of LIMA, 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 6 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, 7 within twenty (20) calendar days of receiving City' s invoice, give written notice to the City of such disagreement . In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company' s hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company' s property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI (B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company' s written valuations statement submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon 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 . 8 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 . 9 Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate . XII . Notices by a party to the other party hereto, shall be mailed or delivered as follows : To the City of La Porte : City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: (COMPANY) Attention: Department Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of billing address . Company 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: Address : Phone : Fax: Email : ENTERED INTO effective the 1st day of January, 2020 . 62Ezi.,47-,5,A1 /71.7),: Ze (COMPANY) By: Name: ,-4y Title : (10 4P.WY /VL4A/A6E Address : 2.65,00 50vro 540f.E govleve,et! 5„laac oo 10 t-e4Cr C'�rr, "fist ttS 7757 3 AAT/EST: CITY _OF 'P'TE, TEXAS f��. 111 By: `.�� i Ill r Secretary Lcbuis " . Rig. , Mayor APPROVED: 0---- ul.! 7- N4,By: / •--. Knox W. Askins / Corby I Alexande 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 OFA H�RR'r� 6/1444A/ This instrument was acknowledged before me on the / day of 0 , 20- , by LT�'KsoN RAY , CoMtRNY /KUMGER of E4/N/ //Dr 4 C corporatio , a 24 ; ,ee corporation on behalf of said entity. i.'.' i '/. MK/ Ai, .'t:ry Public, State of Te as ,.1,'", MARGIE R BREAUX 4JL`i, Notary ID#3473609 0 .,14b,." My Commission131011 Expires ' Or July , 11 STATE OF TEXAS ' COUNTY OF HARRIS ' This instr ment was acknowledged before me on the Q%14' day of 20 � , by Louis R. Rigby, Mayor of the City of La Porte, a municipal corporation, o bei- t of said entity. I I LEE WOODWARD N• ary Public, - e 'exas 4§,orpok, NOTARY PUBLIC * * STATE OF TEXAS %or, MY COMM.EXP.2/19/21 NOTARY ID 12681012-9 12 "EXHIBIT A" (Metes and Bounds Description of Land) 13 "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. ) 14 "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 : • One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. a Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. • One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. • Freestanding identification signs for multiple businesses shall not exceed 350 square feet . • Freestanding identification signs shall not exceed 45 feet in height . • Minimum setback for sign construction shall be ten (10) feet from property lines . 2 . Intermodal shipping containers (including by not limited to freight and tank containers) shall be permitted to be stacked only to a maximum of two (2) containers in height in the said 100' strip. In those instances where shipping containers are placed within the said 100' wide strip, the screening requirements established in paragraph 3 immediately below shall apply. 3 . When Land adjacent to said 100 ' strip is developed, the initial 50 ' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225 , or State Highway 146 shall be screened by one of the following techniques : a) Leaving in place existing trees, vegetation, underbrush, 15 etc . to provide a thorough and effective visual screening "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. 16 "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. 17 INEC)S THE WORD FOR CHEMICALS Exhibit A Please see attached metes and bounds for that certain 144.3601 acre tract of land located in the Arthur McCormick Survey, Abstract 46, Harris County, Texas. /_(/4 KBIT A • 'STATE OF TEXAS § 1 § 1 COUNTY OF HARRIS § ---0 SURVEY OF A 144.3601 TRACT OF. LAND, IS COUNTY, TEXAS LOCATED IN THE ARTHUR McCORMICK SURVEY, ABSTRACT 46, HARFt I Description of a 144.3601 acre tract being a Resurvey I of the following two (2) tracts of land: 1 1. that certain called 60.00 acre tract of land described in Deed from Diamond Shamrock ICorporation to Soltex Polymer Corporation, I dated March 30,1978, and recorded in County Clerk's File No. F539215 of the Official Public V I Records of Harris County, Texas to 2. that certain 84.3273 acre tract of land Ndescribed in Deed from Occidental Chemical } Corporation to Solvay Polymers, Incorporated, fi I dated December 29,1998, and recorded in County I I Clerk's File T464224 of the Official Public { Records of Harris County, Texas located in the ARTHUR McCORMICK SURVEY, Abstract 46, W Harris County, Texas, and said 144.3601 acre tract is described as follows: I NOTE: all bearings and coordinates are grid based on the Texas coordinate system, south central zone, 1983 North American datum, 1995 adjustment, I all distances are surface, horizontal distance; BEGINNING at a 3-1/4 inch aluminum cap set over a 5/8 inch iron rod found as described for the 1I southwest corner of the 60.00 acre tract conveyed • to Soltex Polymer Corporation, by deed dated March I 30, 1978, and recorded under County Clerk's File Number F539215 of the Official Public Records of Real Property of Harris County, Texas (the "Soltex 60.00 acre tract"), having. ' scoordinates of x = 3,210,732.19 and y = 13,827,941.42, the southwest corner of this I I 1 JOHN GRIFFIN,Surveyors I 311 NORTH MAIN STREET I • POST OeFlCE Box 1437 DAYTON.TEtAS 77535 I PHONE 935253-2639 1 • . I ! DESCRIPTION herein described tract of land and the PLACE OF • BEGINNING;.._ THENCE along and with the Soltex 60.00 acre tract I the following four (4) courses: 1) North 20 degrees 55 .minutes 55 seconds East, a distance of 2359.53 feet to a 3-1/4 inch 1 aluminum cap set over a found 5/8 inch iron rod; 2) North 77 degrees 11 minutes 21 seconds East, a distance of 176.64 feet to a 3-1/4 inch aluminum cap set over a found 5/8 inch iron I rod; 3) North 87 degrees 32 minutes 16 seconds East, 1 at a distance of 1314.52 feet found a 5/8 0 I inch iron rod, in all a total distance of 0 1771.08 feet to a 3-1/4 inch aluminum cap set 0 over a found 5/8 inch iron-rod; N 1 4) South 2 degrees 27 minutes 44 seconds East, a 0 I distance of 149.98 feet. to a 3-1/4 inch aluminum cap 'set in concrete for the most I eastern southeast corner of the Soltex 60.00 i acre tract in the north line of the 84.32 0 1 acre tract described in Deed from Occidental 0 I Chemical Corporation to Solvay Polymers, Incorporated, dated December 29,1998, and recorded in County Clerk's File T464224 of I the Official Public Records of Harris County, I Texas (the "Solvay 64.3273 acre tract") ; ITHENCE along and with the Solvay 84.3273 acre 1 tract the following six (6) courses: 1 1) North 87 degrees 32 minutes 16 seconds East, a distance of 247.85 feet to a 3-1/4 inch • brass disk stamped "Occidental Chemical Corp. 1TXH-5" set and described by JOHN GRIFFIN, • Surveyors in Deed to the Solvay 84.32 acre tract; ! 2) South 47 degrees 42 minutes 51 seconds East, I a distance of 391.80- feet to a 3-1/4 inch aluminum cap set in concrete; 1 I 1 Tract 6 -- Page 2 Tract6R2.doc 1/22/02 3:13 PM 1 I ' DESCRIPTION 1 1 . 3) South 2 degrees 59 minutes, 37 seconds East, a distance of 1741.67 feet to a found 3-1/4 inch brass disk stamped "Occidental Chemical I Corp. TXH-1"; 11 4) South 87 degrees 07 minutes 57 seconds West, 1 a distance of 59.99 feet to a reset 3-1/4 inch brass disk stamped "Occidental Chemical • Corp. TXH-2" for a re-entrant corner; 5) South 2 degrees 52 minutes 03 seconds East, a I distance of 2.00 feet to a found 3-1/4 inch I brass disk, stamped "Occidental Chemical Corp. TXH-3"; 6) South 87 degrees 07 minutes 57 seconds West, a distance of 2222.11 feet to a found 3-1/4 inch brass disk stamped "Occidental Chemical 0 Corp. TXH-4" located in the most southern M east line of the Soltex 60.00 acre tract for a re-entrant corner; ITHENCE along and with the Soltex 60.00 acre tract 1 j the following two (2) courses: 0 1) South 20 degrees 55 minutes 55 seconds West, a distance of 3.85 feet to a found 0 brass disk at the most southern southeast W I corner of the Soltex 60.00 acre tract; 2) South 87 degrees 07 minutes 31 seconds West, a distance of 1140.4.4 feet to the PLACE OF I BEGINNING containing, 144.3601 acres of land. This description is based on the ALTA/ACSM Land I Title Survey and plat made by JOHN GRIFFIN, i Surveyors as shown on drawing C-990-89535-D-1. I SURVEYED September and October 2001 By 1 1 John P. Griffin Registered Professional Land Surveyor. No. 2032 I I I Tract 6 -- Page 3 Tract6R2.doc 1/22/02 3:13 PM . i l I 1 1 . STATE OF TEXAS § • • • • . ; § COUNTY OF HARRIS `§ • I I SURVEY OF A 41.9321 ACRE TRACT, LOCATED IN THE ARTHUR I McCORMICK SURVEY, ABSTRACT -46, HARRIS COUNTY, TEXAS • Description of a 41.9321 acre tract out of and a part of that certain called 96.86 acre tract described in Deed from Phillips Petroleum Company. to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas, I located in the ARTHUR McCORMICK SURVEY, Abstract 46, Harris N I County, Texas, and said 41.9321 acre tract is described as I follows: N I NOTE: all bearings and coordinates are grid based • 0 I on the Texas coordinate system, south central zone, 1983 North American datum, 1995 adjustment, 0 I all distances are surface, horizontal distance; 11 BEGINNING at a point for the northwest corner of W the 96.86 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in I Volume 3133, Page 361 of the Deed Records of I Harris County, Texas (the "Celanese 96.86 acre I tract") , in the centerline. of .State Highway 134 having state plane coordinates of I x = 3,209,407.60 and y =-13,830,295.58, from I which set 3-1/4 inch aluminum cap in concrete stamped "10' 0/S" bears North 87 degrees 33 minutes 54 seconds East, a_distance of.70.00 • I feet, said point being the PLACE OF BEGINNING of I this herein described tract .of land; 1 . THENCE North 87 degrees 33 minutes 54 seconds East, along and with the north line of the Celanese 96.86 acre tract, 'a distance of 2099.85 I feet to a 3-1/4 inch aluminum cap in concrete set I for the northeast corner of the Celanese 96.86 acre tract and the southeast. corner of a 3.541 I acre tract described in Deed from Belle A. Crapo, • . { JOHN GRIFFIN,Surveyors 311 NORTH MAN STREET I - POST OFFICE BOX 1437 I DAYTON,TEXAS 77535 I PHONE 936 258-2639 I I • I I . DESCRIPTION et. al. to Houston Lighting and Power Company, I dated March 10, 1952, and-recorded -in Volume 2491, Page 525 of the Deed Records of Harris County, 1 Texas; THENCE South 20 degrees 56 minutes 27 seconds West, along and with the east line of the Celanese 96.86 acre tract, a distance of 823.09 feet to a 3-1/4 inch aluminum cap set in concrete for the 1 point of curve of a non-tangent curve to the left, I having a radius of 530.87 feet and a central angle I of 16 degrees 43 minutes 42 seconds; II THENCE along the arc of said curve a distance of 154.99 feet, said arc subtended by a chord bearing I South 42 degrees 48 minutes 49 seconds West, a I distance of 154.44 feet to the point of tangent of said curve, a 3 inch brass disk set in concrete; M I THENCE South 34 degrees 26 minutes 58 seconds West, a distance of 75.82 feet to a 3-1/2 inch N I brass disk set in concrete for the point of curve of a curve to the right, having a radius of 510.87 ffeet and a central angle of 6 degrees 52 minutes 32 seconds; • II THENCE along the arc of said curve a distance of 0 I 61.31 feet said arc subtended by a chord bearing 0 I South 37 degrees 53 minutes 14 seconds West, a 0 I distance of 61.27 feet for the point of tangent of said curve, a 3-1/2 inch brass disk set in I concrete; I THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 31.74 feet to a 3-inch brass disk set in concrete; I I THENCE North 2 degrees 27 minutes 30 seconds West, . I a distance of 41.00 feet to a 3-1/4 inch aluminum I cap set in concrete; - I THENCE North 87 degrees 32 minutes 30 seconds East, a distance of 21.00. feet to a 3-1/4 inch . I .aluminum cap set in concrete; THENCE North 33 degrees 30 minutes 51 seconds East, a distance of 38.30 feet to a 3-1/4 inch . aluminum cap set in concrete; • Tract 4 -- Page 2 • Tract4R2.doc 1/21/02 4:42 PM . i it 1 1 I 1 . DESCRIPTION I • . I . THENCE North 2 degrees 27 .minutes 30 seconds West, I a distance of 86.50.feet to a 3-1/4 inch aluminum I cap set in concrete; . • THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 42.50 feet to a 3-1/4 inch aluminum cap set in concrete; I THENCE North 2 degrees 27 minutes 30 seconds West, 1 a distance of 34.00 feet to a set 3-1/4 inch_ I aluminum cap; I I THENCE North 87 degrees 32 minutes 30 seconds I East, a distance of 3.00 feet to a set 3-1/4 inch I aluminum cap; , I f THENCE North 2 degrees 27 minutes 30 seconds West, Mf a distance of 80.00 feet to a 3-1/4 inch aluminum W cap set in concrete; 4 I THENCE South 87 degrees 32'minutes 30 seconds N I West, a distance of 113.00 feet to a 3-1/4 inch J aluminum cap set in concrete; • fi k4 I THENCE South 2 degrees 27 minutes 30 seconds East, I a distance of 66.50 feet to a set 3-1/4 inch aluminum cap; THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 42.00 feet to a 3-1/2 inch brass disk set in concrete'; . - THENCE South 2 degrees 27 minutes 30 seconds East, a distance of 128.00 feet:to a 3-1/2 inch brass I disk set in concrete; I iTHENCE South 87 degrees 32 minutes 30 seconds I West, a distance of 385.04-feet to a 3-1/2 inch I brass disk set in concrete; 'THENCE South 2.degrees 27 minutes 30 seconds East, 1 a distance of 220.00 feet_ to a 3-1/2 inch brass disk set in concrete; . ': THENCE South 87 degrees 32 minutes 30 seconds West, a distance of 751.08- feet to a 3-1/4 inch 1 aluminum cap set in concrete; • I • • • I 1 Tract 4 -- Page 3 '- . 11 Tract4R2.doc 1/21/02 4:42 PM I I 1 I DESCRIPTION I I THENCE North 2 degrees 27 minutes 30 seconds West, j a distance of 260.03 feet to a 3-1/2 inch brass 1 disk set in concrete; - I ITHENCE South 87 degrees 32 minutes 30 seconds I West, a distance of 259.20 feet to a point in centerline of State Highway 134 and the west line I of the Celanese 96.86 acre tract from which set a . j 3-1/2 inch brass disk in concrete bears North 87 I degrees 32 minutes 30 seconds East, a distance of I 60.00 feet; THENCE North 2 degrees 27 minutes 15 seconds West, along and with the west line. of the Celanese 96.86 I acre tract, a distance of 854.28 feet to the PLACE I OF BEGINNING containing 41.9321 acres. This description is based on the ALTA/ACSM Land M I Title Survey and plat made by JOHN GRIFFIN, 0 Surveyors as shown on drawing C-990-89535-D-1. 0 N SURVEYED September and October 2001 A I By I John P. Griffin I t Registered Professional U Land Surveyor No. 2032 W I . I I • I I 1 1 I I i 1 1 Tract 4 -- Page 4 I 1 mu. .m...m.N.i.m.....mimm..nmm.....ij Tract4R2.doc 1/21/02 4:42 PM INEC)S THE WORD FOR CHEMICALS Exhibit C Please see attached metes and bounds for that certain 0.1132 acre tract of land located in the Arthur McCormick Survey, Abstract 46, Harris County,Texas. 1 I I I I STATE OF TEXAS § . § COUNTY OF HARRIS § • I I SURVEY OF A 0.1132 ACRE TRACT LOCATED IN THE ARTHUR 1 McCORMICK SURVEY, ABSTRACT NUMBER 46, HARRIS COUNTY, TEXAS • Description of a 0.1132 acre-tract out of and a part of that certain called 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of I America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas, located in the ARTHUR McCORMICK SURVEY, Abstract 46, Harris MI County, Texas, and said 0.1132 acre tract is described as 0 I follows: I NOTE: all bearings and coordinates are grid, I0 based on the Texas coordinate system, south 0 l central zone, 1983 North American datum, 1995 adjustment, all distances are surface, horizontal distance; (I} I TO FIND the place of beginning, COMMENCE at a 11) J point for the northeast corner of the 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page I 361 of the Deed Records of Harris County, Texas (the "Celanese 118.63 acre tract") , from which I found a 3-1/4 inch aluminum cap stamped I "Occidental Chemical Corp." set by JOHN GRIFFIN, Surveyors bears North 20 degrees 56 minutes 8 I seconds East, a distance of .31.84 feet, and found I a 5/8 inch iron rod bears South 52 degrees 16 minutes 16 seconds West, a distance of 251.25 I feet, and set a 3-1/4 inch aluminum cap in concrete bears South 20 degrees 56 minutes 27 I seconds West, a distance of :32.71 feet; . THENCE South 20 degrees 56 minutes 27 seconds West, a distance of 2092.96 feet to a 3-1/4 inch aluminum cap in concrete set in the east line of the Celanese 118.63 acre 'tract for the southeast JOHN GRIFFIN,Surveyors 311 NORTH MAIN STREET i POST OFFICE Box 1437 IDAYTON,TEXAS 77535 1 PHONE 936 255.2639 I I ' I , I DESCRIPTION I I I I corner of the 1.4593 acre tract conveyed to Humble I Pipe Line Company by deed dated December 16, 1968, • I and recorded in Volume 7452, Page 203 of the Deed 1 Records of Harris County, Texas (the "Humble Pipe • Line Company 1.4593 acre tract") , having state I plane coordinates of x = 3,211,569.89 and y = 13,830,553.48, for the _PLACE OF BEGINNING of 1 this herein described tract of land; 1 THENCEcontinuing South 20 degrees 56 minutes 27 , seconds West, along and with the east line of the Celanese 118.63 acre tract, a distance of 58.88 feet to a. 3-1/4 inch aluminum cap set in concrete; I . THENCE along and with the north line of a 2.74 acre tract conveyed to the Harris County Houston Ship Channel Navigation District by deed dated • March 14, 1957, and recorded in Volume 3691, Page 595 of the Deed Records of Harris County, Texas, M the following two , (2) courses: I . . 1) North 71 degrees 22 minutes 05 seconds West, a distance of 58.91 feet to a 3-1/4 inch I Ialuminum cap set in concrete for the point of I curve of a curve to left, having a radius of 0 I 491.85 feet and a central angle of 21 degrees I I 04 minutes 00 seconds; WI 2) Along the arc of said curve, a distance of M I 180.84 feet to the point of tangent of said Icurve, said arc subtended by a chord bearing a North 81 degrees 54 minutes 5 seconds West, I distance of 179.83 feet, to a PK nail set in railroad tie in the south line of the Humble Pipe Line Company 1.4593 acre tract; ITHENCE North 87 degrees 33 minutes 54 seconds I East, along and with the south line of the Humble I Pipe Line Company 1.4593 acre tract, a distance of I , 255.16 feet to the PLACE OFBEGINNING. -containing I 0.1132 acres. • I I • I . I • I I Tract 2 -- Page 2 . I I . I Tract2R2.doc 1/22/02 4:16 PM 1 1 . 1 ' I. DESCRIPTION This description is based on the ALTA/ACSM Land • Title'Survey and plat made by JOHN GRIFFIN, 1 • Surveyors as shown on drawing C-990-89535-D-1. I SURVEYED September and October 2001. By. I • John P. Griffin Registered Professional I Land Surveyor No., 2032 •I . I 1 M 01 1 ! I . qm 4 1 l . I U1 1 U) I . I 1 I 1 1 1 . 1 I • 1 1 . . 1 I I 1 1 I I Tract 2 -- Page 3 . I Tract2R2.doc 1/22/02 4:16 PM I INE©S THE WORD FOR CHEMICALS Exhibit D Please see attached metes and bounds for that certain 1.0301 acre tract of land located in the Arthur McCormick Survey, Abstract 46, Harris County, Texas. I I 1 STATE OF TEXAS § § . COUNTY OF HARRIS § 1 SURVEY OF A 1.0301 ACRE TRACT, LOCATED IN THE ARTHUR McCORMICK SURVEY, ABSTRACT 46, HARRIS COUNTY, TEXAS Description of a 1.0301 acre tract of land out of and a part of that certain called 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of'Harris County, Texas located in the ARTHUR McCORMICK Survey, Abstract 46, Harris County, Texas, and said 1.0301 acre tract is described as M follows: • N j NOTE: all bearings and coordinates are grid based I .on the Texas coordinate system, south central 0 zone, 1983 North American datum, 1995 adjustment, 7 I all distances are surface, horizontal distance; TO FIND the place of beginning, COMMENCE at a point in the centerline of State Highway 134 at the intersection of Miller Cutoff Road for the northwest corner of the 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 118.63 acre tract"), from which found a concrete highway monument with a brass disk bears North 60 degrees 58 minutes 02 seconds East, a distance of 67.05 feet, and found a broken .. concrete highway monument bears South 65 degrees 56 minutes 33 seconds East, a distance of 67.05 feet; ' THENCE South 02 degrees 27 minutes 15 seconds East, a distance of 2007.51 feet to a point in the center-line of State Highway 134 having state plane coordinates of x = 3,209,404.39 and y = 13,830,370.50, for the. southwest corner of the Celanese 118.63 acre tract, the southwest JOHN GRIFFIN,Surveyors 311 NORTI{MA P05T OF 1cE BOXIN 143STREET7 DAYTON.TEXAS 77535 PHONE 936 258-2639 .I • i - DESCRIPTION I . corner of this herein described tract of land and I the PLACE OF BEGINNING, from.which set a 3-1/4 1inch aluminum cap in concrete.bears North 87 degrees 33 minutes 54 seconds East,. a-distance of 60.00 feet; THENCE North 02 degrees 27 minutes 15 seconds I West, along and with the west line of the Celanese 118.63 acre tract, a distance of 21.81 feet to a point in centerline of State Highway 134 from , I which found a copper-weld-rod bears North 87, degrees 33 minutes 54 seconds East, a distance of 58.98 feet; THENCE North 87 degrees 33 minutes 54 seconds East, a distance of 2022.17 'feet to a 3-1/4 inch aluminum cap set in concrete for the point of curve of a curve to the right, having a radius of 435.85 feet and a central angle of 7 degrees 01 MI minute 34 seconds; THENCE along and with the 'southline of the 2.74 acre tract conveyed to the -Harris County Ship Channel Navigation District.by deed recorded in Volume 3691, Page 595 of the Deed Records of Harris County, Texas (the_"Harris County Ship I Channel Navigation District 2.74 acre tract") the following two (2) courses: 0 1) Along the arc of said curve a distance of 53.42 feet to the point of tangent of said curve, said arc subtended by a chord bearing South 74 degrees 52 minutes 53 seconds East, I a distance of 53.45 feet to a 3-1/4 inch aluminum cap set in concrete; 2) South 71 degrees 22 minutes 05 seconds East, I a distance of 15.85 feet to a 3-1/4 inch aluminum cap in concrete set in the south line of the Celanese_ 118.63 acre tract for the most southern southwest corner of the Harris County Houston::Ship Channel Navigation I District 2.74 acre tract; THENCE South 87 degrees 33. minutes 54 seconds I West, along and with the south line of the Celanese 118.63 acre tract, a distance of 2087.88 feet to the PLACE OF BEGINNING containing 1.0301 acres. 1 Tract 3 -- Page 2 Tract3R2.doc 1/21/02 4:35 PM - . • DESCRIPTION • This description is based .on the ALTA/ACSM Land Title Survey and plat maderby JOHN GRIFFIN; Surveyors as shown on drawing C-990-89535-D-1 • SURVEYED September and October, 2001 By John P. Griffin Registered Professional - Land Surveyor No. 2032 0 • • • • • • Tract 3. -- Page 3 • Tract3R2.doc 1/21/02 4:35 PM . , INEC)S THE WORD FOR CHEMICALS Exhibit E Please see attached metes and bounds for that certain 96.1838 acre tract of land located in the Arthur McCormick Survey, Abstract 46, Harris County, Texas. Received 03/21/2002 13:28 in 06:10 on line 18] for SH10620 Printed 03/21/2002 13:38 * Pg 5/20 ' 03/21/02 14:40 FAX 715 238 9180 PARTNERS NAT'L DIV Wg005/020 ortaiBIT ,A • STATE OF TEXAS § • § COUNTY OF HARRIS • SURVEY OF A 96.1838 ACRE TRACT OF LAND, LOCATED IN THE (TS-;) ARTHUR McCORMICK SURVEY, ABSTRACT 46, HARRIS COUNTY, TEXAS II DESCRIPTION of a 96.1838 acre tract of land out of and a part of that certain called 118.63 acre tractdescribed in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, and recorded ro i in Volume 3133, Page 361 of the-Deed Records of Harris 0 County, Texas, located in the ARTHUR McCORMICK Survey, 0 1 Abstract 46, Harris County, Texas and being identified as r{ Tract 1 comprised of a 110.0632 acre tract described below Save and Except Tract 1A, a 13.8794 acre tract presently owned by Metton America Incorporated, described below,- and said 96.1838 acre tract is described as follows: NOTE: all bearings and coordinates are grid based • on the Texas coordinate system, south central zone, 1983 North American:datum, 1995 adjustment, all distances are surface, horizontal distance; DESCRIPTION OF 110.0632 ACRE TRACT 1 BEGINNING at a point in th'e centerline of State Highway 234 at the intersection of the centerline of Miller Cutoff Road having state plane coordinates of x = 3,209,318.44 and y a 13,832,315.94, for the northwest corner of that certain 118.63 acre tract described in Deed from Phillips Petroleum Company to Celanese Corporation of America, dated April 5, 1956, recorded in Volume 3133, Page 361 of the Deed Records of Harris County, Texas (the "Celanese 118.63 acre tract"), and the PLACE OF BEGINNING - — of this herein described tract of land, from which found a concrete highway monument with a brass disk bears North 60 degrees 58 minutes 02 seconds East, a distance of 67.05 feet, and found a broken concrete highway monument bears South 65 JOHN GRIFFIN,suzveycros • all Nom MA5 3iREEI Post OFFICE BOX 1 437 DATION.TerAs 77535 PHONE 936258-2639 03/21/02 Received 3F13 713 238801806:10 on tinPARTforNERS N:1T LPDiIYed 03/21/2002 13:38 • Pg 6/20 008/020 . I 1 DESCRIPTION degrees 56 minutes 33 seconds East, a distance of 67.05 feet; THENCE North 87 degrees 28 minutes 45 seconds East, along and with the north line of the Celanese 118.63 acre tract, a distance of 3002.63 . 1 feet to a point for the northeast corner of the Celanese 118.63 acre tract, from which found a 3- 1/4 inch aluminum cap stamped "Occidental Chemical Corp." set by JOHN GRIFFIN, Surveyors bears North 20 degrees 56 minutes 8 seconds East, a distance of 31.84 feet, and a found 5/8 inch iron rod bears , South 52 degrees 16 minutes 16 seconds West, a distance of 251.25 feet, and set a 3-1/4 inch I aluminum cap in concrete bears South 20 degrees 56 minutes 27 seconds West, a•distance of 32.71 feet; 1r i THENCE South 20 degrees 56 minutes 27 seconds 0 I West, along and with the east line of the Celanese 118.63 acre tract, a distance of 2006.38 feet to a ,PI 3-1/4 inch aluminum cap in concrete set at the northeast corner of the 2..4520 acre tract conveyed I • to Humble Pipe Line Company by deed dated December r+! 16, 1968, recorded in Volume 7452, Page 203, of 0 I the Deed Records of Harris County, Texas (the "Humble Pipe Line Company 2.45 acre tract"), from j which set a 3-1/4 inch aluminum cap in concrete bears South 20 degrees 56 minutes 27 seconds West 86.58 feet; I THENCE South 87 degrees 33 minutes 54 seconds West, along and with the north line of the Humble Pipe Line Company 2.4520 acre tract, a distance of 2145.96 feet to a point for the northwest corner of the Humble Pipe Line Company 2.4520 acre tract in the east right-of-way line of State Highway 134 from which found a copper-weld rod bears South 87 degrees 33 minutes 54 seconds West, a distance of 0.53 feet; THENCE South 2 degrees 27 minutes 15 seconds East, along and with the east right-of-way line of State I Highway 134, at a distance of 50.03 feet pass a i copper-weld rod found 0.42 feet right, in all a total distance of 79.46 feet to a point for the southwest corner of the 1.4593 acre tract conveyed to Humble Pipe Line Company by deed dated December 16, 1968, and recorded in Volume 7452, Page 203 of I the Deed Records of Harris County, Texas, from 1 Tract 1 and lA -- Page 2 1 TractlR2.doc 1/21/02 3:45 PM Received 03/21/2002 13:28 in 06:10 on line [8] for SR10620 Printed 03/21/2002 13:38 * Pg 7/20 ' 03/21/02 14:41 FAX 713 238 9180 PARTNERS NAT'L DIV (0007/020 1 DESCRIPTION I which a found copper-weld rod bears South 87 • degrees 33 minutes 54 seconds West, a distance of , 0.47 feet; • THENCE South 87 degrees 33 minutes 54 seconds West, a distance of 60.00 feet to a point in the . center-line of State Highway 134 and the west line of the Celanese 118.63 acre tract; THENCE North 2 degrees 27 minutes 15 seconds West, along and with the west line of the Celanese I 118.63 acre tract, a distance of 1916.68 feet to I the PLACE OF BEGINNING containing 110.0632 acres; I • SAVE AND EXCEPT THE FOLLOWING DESCRIBED 13.8794 ACRE TRACT IA 0TO FIND the place of beginning, COI+ NCE at the northwest corner of the Celanese 118.63 acre tract also being the northwest corner of the above { I described 110.0632 acre tract; . . THENCE North 87 degrees 28 minutes 45 seconds • East, a distance of 676.14 feet to a..point in the 0 I north line of the Celanese 118.63 acre tract; 0 THENCE South 2 degrees 31 minutes 15 seconds East, a distance of 145.00 feet to,a found iron rod at the most northern northeast corner•of the 9.88 0 , acre tract conveyed to Solvay Polymers, Inc., by deed dated September 19, 1997, and recorded in I County Clerk's File S650925 of the Official Public Records of Harris County, Texas (the "Solvay 9.88 acre tract"),having state plane coordinates of • x = 3,210,000.24 and y = 13,832,260.47, for the PLACE OF BEGINNING of this, herein described tract I of land; THENCE North 87 degrees 28 minutes 45 seconds East, a distance of 1279.04 feet to a found 3-inch fence post for the northeast corner of the 3.40 acre tract conveyed to Hercules, Inc., by deed dated November '30, 1981, and recorded in County Clerk's File H275719 of the Official Public - Records of Harris County, Texas (the "Hercules 3.40 acre tract"), from which found a 5/8-inch iron rod bears South 87 degrees 31 minutes 59 seconds West, a distance 124.76 feet; Tract 1 and lA -- Page 3 TractlR2.doc 1/21/02 3:45 PM Received 03/21/2002 13:28 in 06:10 on tine (81 for SH10620 Printed 03/21/2002 13:38 ' Pg 8/20 93/21/02 14:41 FAX 713 208 9180 PARTNERS NAT DIV Q1008/020 • DESCRIPTION • THENCE South 2 degrees 27 minutes 40 seconds East, along and with the east line of the Hercules 3.40 acre tract, a distance of 529.37 feet to a 3-1/2 inch brass disk set in concrete for the southeast corner of the Hercules 3.40 acre tract; THENCE South 87 degrees 32 minutes 20 seconds •West, along and with the south line of the Hercules 3.40 acre tract, a distance of 280.00 feet to a punch mark in a 6 inch by 6 inch steel plate set for the southwest corner of the Hercules 3.40 acre tract and the southeast corner of the 20.36 acre tract conveyed to Hercules Inc., by deed dated November 30, 1981, and recorded in • County Cler-k's File H275719 of the Official Public Records of Harris County, Texas (the "Hercules 20.36 acre tract") ; • THENCE South 87 degrees 28 minutes 45 seconds fel West, along and with the south line of the TI Hercules 20.36 acre tract, a distance of 666.31 feet to a 3-1/4 inch aluminum cap in concrete set in the south line of the Hercules 20.36 acre tract for the southeast corner of the Solvay 9.88 acre tract; THENCE along and with the 'Solvay 9.88 acre tract 0 the following three (3) courses: - • 1) North 2 degrees 11 minutes 42 seconds West, a distance of 217.18 feet to a found 5/8-inch • iron rod with cap;• 2) South 87 degrees 29 minutes 33 seconds West, a distance of 335.19 feet to a found 5/8-inch iron rod with cap; Tract 1 and 1P. -- Page 4 TractlR2.doc 1/21/02 3:45 PM Received 03/21/2002 13:28 in 06:10 on line C81 for SH10620 Printed 03/21/2002 13:38* Pg 9/20 03/21/02 14:41 FAX 713 238 9180 PARTNERS NAT'L DIV 71009/020 I ' DESCRIPTION 3) North 2 degrees 11 minutes 42 seconds West, a distance of 311.81 feet to the PLACE OF BEGINNING containing 13.8794 acres; TRACT 1 SAVE AND EXCEPT TRACT 1A CONTAINING IN ALL A TOTAL AREA OF 96.1838 ACRES. This description is based on the ALTA/ACSM Land Title Survey and plat made by JOHN GRIFFIN, Surveyors as shown on drawing C-990-15313-0-1. SURVEYED September and October 2001 By • John P. Griffin • Registered Professional Land Surveyor No. 2032 0 9� �I { 9 • 140 • • . • Tract 1 and 1A -- Page 5 TractlR2.doc 1/21/02 3:45 PM 10/10/2019 Print Details HARRIS COUNTY APPRAISAL DISTRICT Tax Year: 2019 REAL PROPERTY ACCOUNT INFORMATION 0410020050148 8 Print Owner and Property Information Owner Name & GEMINI HDPE LLC Legal Description: TR 1M-1A Mailing Address: 2600 S SHORE BLVD STE 500 (TAX ABATEMENT IMPS ONLY LAND*0147) LEAGUE CITY TX 77573-2944 ($80MIL VALUE LIMIT ON M&O RATE ONLY) ABST 46 A MCCORMICK Property Address: 0 MILLER CUT RD LA PORTE TX 77571 State Class Land Use Code Building Total Land Building Net Neighborhood Market Area Map Key Code Class Units Area Area Rentable Facet Ma p.11/2 Area F2 -- Real, 3300 -- Industrial 0 0 SF 0 0 9001.04 0 -- Place 6056D 539A Industrial Imps Only Land holder Value Status Information Value Status Notice Date Shared CAD Noticed 04/23/2019 No Exemptions and Jurisdictions Exemption Type Districts Jurisdictions Exemption Value ARB Status 2018 Rate 2019 Rate Abatement 002 DEER PARK ISD 0 Certified: 08/02/2019 1.538700 040 HARRIS COUNTY Certified: 08/02/2019 0.418580 041 HARRIS CO FLOOD CNTRL Certified: 08/02/2019 0.028770 042 PORT OF HOUSTON AUTHY Certified: 08/02/2019 0.011550 043 HARRIS CO HOSP DIST Certified: 08/02/2019 0.171080 044 HARRIS CO EDUC DEPT Certified: 08/02/2019 0.005190 047 SAN JACINTO COM COL D Certified: 08/02/2019 0.179329 Texas law prohibits us from displaying residential photographs, sketches, floor plans, or information indicating the age of a property owner on our website. You can inspect this information or get a copy at HCAD's information center at 13013 NW Freeway. Valuations Value as of January 1, 2018 Value as of January 1, 2019 Market Appraised Market Appraised Land 0 Land 0 Improvement 361,120,960 Improvement 485,751,690 Total 361,120,960 361,120,960 Total 485,751,690 485,751,690 Land Market Value Land Line Description Site Unit Units Size Site Appr O/R Appr 0/R Total Unit Adj Unit Value Code Type Factor Factor Factor Reason Adj Price Price 1 3300 -- Industrial Imps Only Land -- GR 0 1.00 1.00 1.00 -- 1.00 0.00 0.00 0.00 Building Vacant (No Building Data) Extra Features Line Description Quality Condition Units Year Bulit 1 Average Average 0.01 0 https://public.hcad.org/records/Print.asp?crypt=%94%AD%AE%A9%C4%8F%B5%CF%8C%7Che%97b%B8%A7%8B%B8ea%5EiZ%8AVd%80%5Dz... 1/1 10/10/2019 HCAD Record Search RELATED ACCOUNT MAPS FOR 0410020050148 AREA MAPS MAP PAGE * 6056B 6056611 6056D 6056D3 6056D4 6056D7 6056D8 Please follow these two tips to print the map file: 1. 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If you feel that this listing is inaccurate or incomplete, please email us with the account number(if you have it) and the nature of the problem or question. hcad.org/property-search/real-property/real-property-search-by-account-number/ 1/1 6056B7 1 Harris County z�� Appraisal • 1 • District o,KY Arps 8;'��� 1 ,,,;1 a \ a * ii 0 50 100 200 Feet PUBLICATION DATE: 1818 5/7/2019 041-002-005-0 • 1 • 87.7900 AC Geospatial or map data maintained by the Harris A' County Appraisal District I V p C.1 is for informational purposes 041-002-005-I and may not have been CO 9 C pfoPlegal(engineering,ore r be tD u7 O H c surveying purposes.It tD 1— e• does not represent an on-the-ground survey and only represents the • 1 • approximate location of property boundaries. MAP LOCATION I #1114 N. Pr FACET col • 6056B • :•es ti 5 6 7 8 5 • e+e.e2 9 10 01 12 9 1 2 3 4 1 • • 6056D3 6056611 gi ' ems LMI Harris 1M-lACounty Appraisal a I - District � (c9 �/� } /' a . /' y� / # I // Texas I �/ 0 50 100 200 / Feet // PUBLICATION DATE: / 12/28/2018 n 379.5 Geospatial or map data maintained by the Harris a a IM-2 / County Appraisal District N CV / is for informational purposes / and may not have been CD 041-002-005-0147 C1 prepared for or be suitable 1 // 33.3906 AC 0 for legal,engineering,or CDC. CD I / 0 surveying purposes.It tD does not represent an / / 041-002-005-0152 on-the-ground survey and / only represents the . a / approximate location of / �I property boundaries. / MAP LOCATION / / /' F. / illparn aIa / \_ ai-Nimisomm� ort '' 1, / FACET ri, I 6056D ati_l, / / 123.95 9 10 11 12 9 / / 1 2 4 1„,,c-- . . 5 6 7 8 5 r r 6056D7 60 56B 12 Harris 2727 County 041-002-005-0106 13.8794 AC Appraisal 041-002-005-0127 District 0( g * *� 280 � /l Sits 0 50 100 200 11 Feet 919.9 -- PUBLICATION DATE: 5/7/2019 Geospatial or map data maintained by the Harris County Appraisal Distnct is for informational purposes ' and may not have been CO ,l prepared for or be suitable N In for legal,engineering,or surveying purposes.It CD (.0 does not represent an on-the-ground survey and only represents the 1230 approximate location of property boundaries. 041-002-005-0130 62.7932 AC MAP LOCATION 041-002-005-0131 93.79 u 271.04 FACET 779.5 6056D 20265 424.22 e1e.09 1062 1173 12 91 102 4G 8� 5 6 6056D8 6056D3 1 a \ . Harris County ----1Appraisal 44 e4" 4B-1 1 - "7Be - District -0112 1 .es 70 - RiiAPAR,f JJ. 116.57(C) v BO 0 041-002-005- 0 . �d qg 3.5410 AC �'� U, 0091 1.0301 AC r _ • 041-002 005-0140 ` P� 1 # it y Texas 1 0 50 100 200 Feet PUBLICATION DATE: IC 5/7/2019 Geospatial or map data a \ • maintained by the Hams N County Appraisal District is for informational purposes CO CO and may not have been C) 13 prepared for or be suitable CO In 1 in for legal,engineering,or 01 0 surveying purposes.It CO 92 does not represent an on-the-ground survey and only represents the a 1 a approximate location of property boundaries. T MAP LOCATION 1230 ' 3 041-002-005-0005 �,y um LI 041-002-005-0119 a J • 41.9321 AC `,�va+. Kalirr Nuigiar FACET 1 6056D 1 1 2 3 4 1 288 5 6 N 8 5 9 10 11 12 9 I( -1 r . 60 56 D11 6056D4 / Harris County Appraisal 2../3 151.3. IJ 041-002-005-0012 d4 9 -...A istrict "r Z3250A IL-2/9Az55.1. 8 41v 1 M_E w.a 0141: 4GAPP�Q,� IL a �� )020 Q1.1 se toes i O! �4 :k ,. 2022 17 d 208]ee . -- 209985 o0 (•p ^1 IC 4A J * 041-002-005-0045 Texas 0 50 100 200 Feet 4J-1 PUBLICATION DATE: 5/7/2019 g Geospatial or map data maintained by the Harris ^I lie 90 County Appraisal District IN I•-• `,„, `, •, 1.0 is for informational purposes o U and may not have been co prepared for or be suitable to 0 for legal,engineering,or — surveying purposes.It does not represent an 8 on-the-ground survey and only represents the approximate location of property boundaries. MAP LOCATION Illiiiiir4.°1*`',Aft i�i ��" ,� 4 113 FACET T----g 42 3 6056D c, 12.5 +"P 24.\ a 2 3 4 1 2 0 6 7 �Il 5 6 3es a ICI _iy < 10 11 12 9 10 21 • 6056D12