Ordinance No. 15,600 ORDINANCE NO. 15,600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AIR PRODUCTS LLC; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial
District Agreement with Air Products LLC. A copy of said Industrial District Agreement is
attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 26th day of October, 2023.
MIKE LESTER, Mayor Pro Tern
ATTEST:
c+ e
ANGELA ACKSO ` t Cl,
APPROVED AS T O
SCOTT LE ND, City Attorney
RAKaren Anderson\ORDINANCES\2023\2023.10.26\IDAwithAirProducts.docx
EXHIBIT "A"
Industrial District Agreement
This Industrial District Agreement("Agreement") is made and entered into between the
City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas,
hereinafter also referred to as "Baytown" or "City," and Air Products LLC, a Delaware limited
liability company, hereinafter referred to as"Property Owner." In consideration of the promises
and of the mutual covenants and agreements herein contained, it is agreed by and between the
City and Property Owner as follows:
I.
Parties
This Agreement is made under the authority of Texas Local Government Code Annotated
§42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The
parties to the Agreement and their addresses are:
1. The"City"
City of Baytown
Attn: City Manager
P.O.Box 424
Baytown,TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.O.Box 424
Baytown,TX 77522
2. The "Property Owner" Tax Statement Address:
Air Products LLC Air Products LLC
1940 Air Products Blvd. Attn:Tax Department
Allentown,PA 18106 1940 Air Products Blvd.
Allentown,PA 18106
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II.
Identification of Property and Industrial District
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This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate limits
of the City is sometimes referred to herein as the"affected area,"and it is described in Exhibit A,
which is attached to this Agreement and made a part hereof. Acting pursuant to the above
mentioned authority,the City Council of the City has by ordinance,designated the affected area
as an industrial district,the same to be known as Baytown Industrial District No.3(the"Industrial
District").
III.
Term
The term of this Agreement is seven tax years,from 2023 through 2029,unless it is sooner
terminated under the provisions hereof. This Agreement shall be effective and binding on the
parties hereto upon execution hereof on behalf of the parties to this Agreement and shall remain
in effect for seven years. This Agreement supersedes any prior existing agreements between the
Property Owner and the City relating to the subject matter specific to the term hereof.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth,the City hereby
guarantees for the term of this Agreement the immunity of the affected area from annexation of
any type by the City except for such parts of the affected property as may be necessary to annex
property owned by third parties within the Industrial District that the City may decide to annex.
Additionally,this Agreement shall not affect the continuation of any limited purpose annexation
status to which the affected area is now subject.
V.
Industrial District Pa moment,
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 31'of each year during the term hereof a
sum of money equal to:
(l) the fair market value as agreed to and stipulated by the parties to be as follows for
each year indicated:
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2023 $199,397,847.00
2024 $199,397,847.00
2025 $199,397,847.00
2026 $199,397,847.00
2027 $199,397,847.00
2028 $199,397,847.00
2029 $199,397,847.00
hereinafter referred to as the"Base Value," multiplied by
(2) the property tax rate per$100.00 of assessed valuation adopted by the City Council
for the City, multiplied by the applicable Yearly Payment Rate as detailed below:
YEARLY
TAX YEAR PAYMENT
RATE
2023 .66
2024 .66
2025 b6
2026 .66
2027 .66
2028 .66
2029 .66
VI.
Valuations and Collections
A.
Generally
The parties hereto recognize that said Chambers County Appraisal District is not required
to appraise for the City the land, improvements, and tangible property, real or mixed, in the
affected area,which is not within the corporate limits of the City, for the purpose of computing
the payments hereunder.For the purpose of providing a procedure for determining and collecting
the amounts payable by the Property Owner hereunder,there are hereby adopted and made a part
hereof all provisions of the Constitution and statutes of the State of Texas pertaining to ad valorem
taxation as amended throughout the term of this Agreement (including, in particular, the Texas
Property Tax Code), except, however, that (i) to the extent that any of such provisions would
require the assessment of the Property Owner's property on an equal and uniform basis with
property in the general corporate limits of the City, the provisions of this Agreement will
control where in conflict with the provisions of such laws and (ii) the income method of
appraisal as described in Section 23.012 of the Texas Property Tax Code shall not be limited to
only properties for which a rental market exists. Specifically,nothing contained herein shall limit
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the income method of appraisal specified in Section 23.012 of the Texas Property Tax Code to
only properties for which a rental market exists,instead if such method is used,the chief appraiser
shall:
l. use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in determining an appropriate
capitalization rate;and
4. determine a capitalization rate for income-producing property that includes a
reasonable return on investment, taking into account the risk associated with the
investment.
The parties agree that the fair market value of the Property Owner's land, improvements,
and tangible property subject to Subsections B and C of this section shall be determined in
accordance with the market value computation contemplated in the Texas Property Tax Code for
the purpose of calculating the Property Owner's payment under this Agreement on properties
annexed or disannexed subsequent to the commencement ofthis Agreement. The City may choose
to use the appraised value as finally determined by the Chambers County Appraisal District(or
through administrative or judicial appeal of the Chambers County Appraisal District's
determination), or by appraisal conducted by an independent appraiser of the City's selection at
the City's expense.The determination of fair market values by the City shall be final and binding
unless the Property Owner within thirty(30)days after receipt of the City's determination petitions
for a Declaratory Judgment to the Civil District Court of Harris County,Texas,as provided for by i
Section XIII hereof. Nothing contained herein shall ever be construed as in derogation of the
authority of the Chambers Count Appraisal District to establish the appraised value of land,
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le personal property in the annexed portion for ad valorem tax purposes.
improvements, and tangible p p pe y p P �
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B.
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Ad ment of Base Value for Property Inside the Corporate Limits but Subsgguently Disannexed
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Land, improvements and tangible property, real or mixed,of the Property Owner, which
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is disannexed from the corporate limits of the City during the term of this Agreement, shall
become part of the affected area immediately upon disannexation. The value for such disannexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the property is disannexed and shall be
added to the Base Value specified in Article V each year after the disannexation for purposes of
payment hereunder.
C.
Adiustment of Base Value for Property Outside the Corporate Limits but Subseuuently Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner,which
is annexed into the corporate limits ofthe City during the term ofthis Agreement,shall be removed
from the affected area the year after the annexation. The value for such annexed land,
improvements and tangible property,real or mixed shall be determined as described in Subsection
A of this Section based upon the year in which the property is annexed and shall be subtracted
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from the Base Value specified in Article V each year after the annexation for purposes of payment
hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December 1 of each
year showing the total amount due on December 31 of such year pursuant to this Agreement. Such
statement shall be mailed to the"Tax Statement Address"noted in this Agreement. Any amounts
due on December 31 that are not paid when due shall become delinquent on January 1 of the
following year. Provided, however, if the tax statement is mailed after December 10, the
delinquency date is postponed to the first day of the next month that will provide a period of at
least 21 days after the date of mailing for payment of the amount due. Delinquent amounts shall
be immediately subject to the same penalties, interest, attorneys' fees and costs of collection as
recoverable by the City in the case of delinquent ad valorem taxes.The City shall have a lien upon
the Property Owner's land within the affected area upon any delinquency in the Industrial District
Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally determined
by the due date of the Property Owner's payment hereunder and the Property Owner is pursuing
through a declaratory judgment action as specified in Subsection A, the Property Owner shall,
without prejudice to such action, pay to the City by December 31 of each year (subject to the
exception in the preceding paragraph for statements mailed after December 10), such amount as
is provided in the Texas Property Tax Code,as amended throughout the term of this Agreement,
for payments made under such conditions by owners of property within the general corporate
limits of the City subject to ad valorem taxation. Any refund payable by the City to the Property
Owner hereunder shall be paid within bo days after receipt by the City of both Chambers County
Appraisal District's form notification that the appraised value of the property has been reduced
and a written refund request by the Property Owner; if not paid timely,the refund amount shall
bear interest at the rate specified in Section 2251.025 of the Texas Government Code beginning
' ed both the Property Owner's written refund request and the Chambers
60 days after the City received p y �
County Appraisal District's formal notification that the appraised value of the property has been
reduced.
VI1.
Compliance with Law
City and the Pro Owner mutually recognize that the health and welfare of
The y Property
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise vibration and toxic levels of those industries located in the Industrial District,
and that development within the District may have an impact on the drainage of surrounding areas.
To this end the Property Owner and the City agree that the same standards and criteria relative to
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noise,vibration and toxic levels and drainage and flood control which are adopted by the City and
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notify the Property Owner in writing by U.S.Mail,certified return receipt requested,at the address
stated in this Agreement, and if such default is not cured within sixty(60)days from the date of
such notice(the "Cure Period")then such failure to cure shall constitute a material breach of this
Agreement; provided that, in the case of a default under Section VI1 for causes beyond the
Property Owner's control that cannot with due diligence be cured within such sixty(60)day period
or in the event that the failure to cure results from ongoing negotiations with federal or state
officials,administrative proceedings or litigation regarding the necessary cure steps,then the cure
period shall be extended until such negotiations, administrative proceedings or litigation are
concluded.
B.
Default by City,
In the event of default by the City,the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination,both the Property Owner and the City shall be relieved of all
further obligations hereunder, but the Property Owner shall not be relieved of the obligation to
pay any amounts that accrued prior to such termination. In the event of termination,the City shall
have the right to repeal the ordinance designating the affected area as an industrial district.
Provided, however, if the termination occurs as a result of the City's exercising its option to
terminate(as provided in the first sentence of this Section IX),the City shall not have the right to
annex the affected area into the general corporate limits of the City so as to subject the affected
area to ad valorem taxes for any part of the period covered by the Property Owner's last payment
hereunder.
X.
Notice
Any notice to the Property Owner or the City concerning the matters to which the
Agreement relates may be given in writing by registered or certified mail addressed to the Property
Owner or the City at the appropriate respective addresses set forth on the cover page of this
Agreement. Any such notice in writing may be given in any other manner. If given by registered f
or certified mail,the notice shall be effective when mailed. with the exception of annual bills for
payments due herein, notice given in any other manner shall be effective when received by the
Property Owner or the City,as the case may be.
Xl.
No Further Expansion of Taxing Jurisdiction
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power
or authority of the City over or with respect to the affected area as prescribed by applicable law,
except as specifically provided in this Agreement.The Property Owner shall not be obligated by
virtue of this Agreement,or the establishment of the industrial district covering the affected area
not within the corporate limits of the City,to make any payments to the City in the nature of a tax
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or assessment based upon the value of the Property Owner's property in the affected area during
the term of this Agreement other than the payments specified herein. Specifically,the Property
Owner shall not be liable for any City taxes within the affected area,including,without limitation,
City ad valorem taxes on taxable property within the affected area.
XII.
Reimbursement for Services
If the Property Owner requests and receives mutual aid firefighting assistance and is a
member of Channel Industries Mutual Aid organization ( LIMA") or similar organization, the
Property a Owner shall reimburse the City for costs incurred by the City in providing fire protection
services to the Property Owner as shall be provided in the charter,bylaws and agreements pursuant
to which LIMA or such similar organization is organized and operates. If the Property Owner
requests and receives mutual aid firefighting assistance and is not a member of CIMA or a similar
organization,then the Property Owner shall be required to reimburse the City for costs actually
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expended b the City in providing any firefighting assistance to the Property Owner, including
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chemical and personnel costs.
XIII.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of
Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause
shall be tried as other civil causes. If the controversy affects an Industrial District Payment,the
Property Owner shall,pending final determination of said controversy,pay to the City on the due
date the same amount which was paid to the City for the last preceding period as to which there
was no controversy concerning the amount owed by the Property Owner to the City.The Property
Owner agrees to tender any additional amount of potential liability to the registry of the Civil
District Court,Harris County,Texas,pending final determination of the controversy beyond any
further appeal.
XIV.
Ass'
anment
This Agreement shall not bestow any rights upon any third party,but rather,shall bind and
benefit the Property Owner and the City only. If the Property Owner conveys all or any part of
the property then covered hereby,the Property Owner shall notify the City within 34 days of the
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conveyance and shall thereafter cease to be obligated with respect to the property so conveyed
and the Base Value shall be apportioned between the Property Owner and the grantee based upon
the conveyed, only if the grantee thereof enters into an Industrial District Agreement
property
with the City w respect ect to such property so conveyed. No right or obligation under this
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Agreement may be sold,assigned or transferred.
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Xv.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement by
virtue of being either the legal or equitable owner of a possessory estate (including a leasehold
estate) in the land comprising the affected area, which will not terminate before the expiration
date of this Agreement. Additionally, the officers executing this Agreement on behalf of the
parties hereby represent that such officers have full authority to execute this Agreement and to
bind the party he represents.
XVI.
No Munici al Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish(1)
sewer or water service, (2)police protection, (3)fire protection(4)road or street repairs,and(5)
garbage pickup service.
XVII.
Severable
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including,without limitation,that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. If it is not possible to so reform such provision,covenant,obligation
or agreement, such determination shall not affect any other provision, covenant, obligation or
agreement, each of which shall be construed and enforced as if the invalid or unenforceable
portion were not contained herein. Provided,further that such invalidity or unenforceability shall
not affect any valid and enforceable provision thereof, and each such provision, covenant,
obligation or agreement shall be deemed to be effective,operative,made,entered into or taken in
the manner and to the full extent permitted by law. Notwithstanding the above,if the application
of this Section XVII requires reformation or revision of any term that removes or materially
diminishes the obligation of the Property Owner to make the payments to the City described herein
(except in the event of a reformation that shortens the term of this Agreement),the City shall have
the option to declare this Agreement terminated.
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XVIII. `
Complete Agreement
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This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties.
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XIX.
Non-waiver
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance.
XX.
Ambiguities
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
same.
XXI.
Headip&
The headings appearing at the first of each numbered section in this Agreement are inserted
and included solely for convenience and shall never be considered or given any effect in
construing this Agreement or any provision hereof,or in connection with the duties, obligations
or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent
should arise.
X
Choice of Law•Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City,regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be
Baytown,Harris County,Texas.
XXIII.
Agreement Re d
The parties acknowledge that they have read,understand and intend to be bound by the
terms and conditions of this Agreement.
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IN WITNESS WHEREOF,this Agreement is executed in multiple counts on behalf
of the Property Owner this �e day of October ,2023,and on behalf of
the City this day of 12023.
AIR PRODUCTS LLC
By:
Benjamin M.Hussa
Printed Name
Vice President and Treasurer
COMMONWEALTH Title
rAA'f-E-OF PENNSYLVA.NIA§
COUNTY OF LEHIGH §
Before me, 6, 2 UYN!36the undersigned notary public,
on this day personally appeared B n' i ,the Vice President and Treasurer
of Air Products LLC ,the owner of the affected property,known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes,in the capacity,and for the consideration therein expressed.
SWORN before me this 10da of October 2023.
SUBSCRIBED AND S� ..,,._. Y
Commonwealth of Pennsylvania-Notary Seal
Pamela D.Unger,Notary Public ?
Lehigh County Notary Public in and for the-allaw oaf`
M commission ex Tres Januar 23.2025
y �' y CommonwealtFo sylvania
Commission number 1170060 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Member.PennsylvaniaAssoc+a!;on of Notaries
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EXHIBIT A
STATE OF TEXAS)
COUNTY OF CHAMBERS)
FIELD NOTES of a 9.524 acre tract of land situated in the Christian Smith Survey,Abstract 22,
Chambers County,Texas and being out of what is commonly referred to as Block C 19(Bayer
MaterialScience)and being out of and a part of a called 183.345 acre tract conveyed by Sidney
S.McClendon,III,Trustee to Mobay Chemical Company by Deed dated March 10, 1970 and
recorded in Volume 313 at Page 336 of the Deed Records of Chambers County,Texas. This
9.524 acres is more particularly described by the following metes and bounds,to-wit:
NOTE: BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER
TO THE TEXAS STATE PLANE COORDINATE SYSTEM,SOUTH CENTRAL ZONE,
NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES. SCALE FACTOR=-0.9998930.
REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING THIS METES
AND BOUNDS DESCRIPTION.
COMMENCING at a 5l8 inch iron nod found for an angle point in the North right-of-way line of
the Houston Lighting and Power Company 250 feet wide right-of-way and the South right-of-
way tine of"D"Street. Said COMMENCING POINT has a State Plane Coordinate Value of
Y=13,843,512.33 and X=3,266,199.54.
THENCE: Forth 18°25'32"Nest across said"D"Street for a distance of 171.39 feet to a%Z inch
iron rod,with cap(BHA),set for an angle point in the Fast or Northeast right-of-way tine of"D"
Street for the Westernmost Southwest corner of said Block C 19 and the Westemmost Southwest
corner and POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State Plane
Coordinate Value of Y=13,843,674.92 and X=3,266,145.38.
THENCE: North 12°34'32"West along the Northernmost West line of this tract,the
Northeramost Vest line of said Block C 19 and the East right-of-way line of"D"Street for a
distance of 86.10 feet to a%inch iron rod,with cap(BHA),set for the Northwest corner of this
tract and the northwest cornea'of said Block C 19 at the intersection of the East right-of-way line �
of said"D"Street with the South right-of-way line of 1 SA Avenue. Said point has a State Plane
Coordinate Value of Y=13,843,758.94 and X 3,266,126.63.
THENCE. North 77
°25'28"East alongthe North line of this tract,the North line of said Block
C 19 and the South right-of-way line of said 19*Avenue for a distance of 1037.38 feet to a%
inch iron rod,with cap(BHA),set for the Northeast corner of this tract. Said point has a State
Piave Coordinate Value of Y=13,843,984.78 and X=6,267,139.01.
PAGE 2--9.524 ACRES,0/0 BLOCK.C 1910
THENCE: South 12*31'56"East along the Northernmost East line of this tract for a distance of
259A5 feet to a Y2 inch iron rod,with cap(BHA),set in the Notthwest right-of-way line of 201"
Avenue and the Southernmost East line of said Block C19 for the Easternmost Southeast corner
of this tract. Said point has a State Plane Coordinate Value of y-I3,843,731.54 and
X=39267,195.31.
THENCE: South 42°15'50"West along the Southernmost East lime of this tract,the
Southernmost East line of said Block C 19 and the'Northwest right-of-way line of said 20*
Avenue for a distance of 552.99 feet to a V2 inch iron-rod,with cap(BHA),set for the
South n-nost Southeast corner of this tract. Said point has a State Plane Coordinate Value of
Y"-13,843,322.34 and X=3,266,823.43.
THENCE: South 82°23'12"West along the South line afthis tract for a distance of 142.50 feet
to a'/z inch iron rod,with cap(BHA),set in the Northeast right-of-way l ue of said"D"Street
and the Souther ost West line of said Block C19 for the Southernmost Southwest corner of this
tract. Said point has a State Plane Coordinate Value of Y=13,843,303.46 and X=-3,266,682.20.
THENCE: North 55°19108"west along the Southernmost West fine of this tract,the
Southenunost West line of said Block C19 and the Northeast right-of-way line of said"D"Street
for a distance of 652.99 feet to the PLACE OF BEGINNING and containing within these
boundaries 9.524 acres of land.
SURVEYORS CERTIFICIATE
f
1,Julien Ramsey,Registered Professional.Land Surveyor No.4379,do hereby certify that the
foregoing field notes were prepared from an actual survey made on the ground,under my
supervision,in July of 2015 and that all lines,boundaries and landmarks are accurately described-
therein. E
E m hand and seal at Baytown,Texas,this the Wh day of July,A.D.,2015.
WITNESS y �
lJ:ieZne
Ramsey o
WProfessi ona Land Surveyor No.4379 uv� �
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Hutchison&Associates,Inc. ..=Aft1 ft0
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1209 Decker Drive Suite 100
Baytown,TX 77520
Engineering Firm#F-267 .,-- ..
Surveying Firm#100293-00