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Ordinance No. 13,090ORDINANCE NO. 13,090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CREATING THE SBE CHEMICAL PARTNERS I REINVESTMENT ZONE PURSUANT TO RESOLUTION NO. 1771 OF THE CITY COUNCIL OF THE CITY OF BAYTOWN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the creation and retention of job opportunities that bring new wealth is one of the highest civil priorities of the City of Baytown (the "City"); and WHEREAS, SBE Chemical Partners I LLC ( "SBE ") desires to construct a olefins production facility, which will produce 100,000 tonnes per year; and WHEREAS, SBE has represented that it will increase the value of its property by approximately ONE HUNDRED THIRTY MILLION AND NO /100 DOLLARS ($130,000,000.00) to ONE HUNDRED SEVENTY -FIVE MILLION AND NO /100 DOLLARS ($175,000,000.00) after the construction is completed; and WHEREAS, SBE has represented that the modernization project will result in the creation of thirty (30) new jobs by 2020 and an additional one hundred seventy -five (175) jobs during the construction period; and WHEREAS, after providing notice in compliance with Section 312.201 of the Texas Tax Code, the City Council of the City of Baytown held a public hearing on November 16, 2015, on the designation of the proposed reinvestment zone to be known as the SBE Chemical Partners I Reinvestment Zone (the "Zone "); and WHEREAS, the City Council of the City of Baytown finds that it is reasonably likely that the creation of the Zone will contribute to the expansion of primary employment and will attract major investment in the Zone that will be of benefit to the property and that will contribute to the economic development of the City; and WHEREAS, the improvements sought to be constructed within the Zone are feasible and practicable and will be of benefit to the land to be included within the Zone and to the City after the proposed tax abatement agreement concerning the property within the Zone; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the recitals set forth hereinabove are hereby found to be true and correct and include the findings of the City Council which were made prior to the establishment of the reinvestment zone herein. Section 2: That the City Council of the City of Baytown, Texas, hereby establishes and designates a reinvestment zone to be known as the SBE Chemical Partners I Reinvestment Zone for the purpose of encouraging economic development though commercial or industrial tax abatement. This designation shall be effective for five (5) years from the effective date of this ordinance. Section 3: That the Zone hereby established is more particularly described in Exhibit "A," which is attached hereto and made a part hereof for all intents and purposes. Section 4: That this ordinance shall serve as notice to every taxing unit, in which the property within the boundaries of the Zone is located, of the establishment of the SBE Chemical Partners I Reinvestment Zone by the City, and the City Clerk is hereby directed to send certified copies of this ordinance to all such affected taxing units. Section 5: Should any portion or part of this ordinance be held for any reason to be invalid and unenforceable, the same shall not be construed to affect any other valid portion hereof, but all valid portions hereof shall remain in full force and effect and to this end all provisions of this ordinance are hereby declared to be severable. Section 6: 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 14`h day of January, 2016. t TERRY SARI a or Pro Tern ATT T: LETICIA BRYSCH, City rk APPROVED AS TO FORM: 10A Z' NACIO RAMIREZ, SR., C ty ttomey RAKareri,,Files,.City Council'.Ordinances\2016Vanuary 14 EstablishmentotSBE.doc 14, Tc v Exhibit "A" TRACT I Legal Description: 82.0009 Acres Gross Tract or Parcel of Land, Save and Except a 2.0009 Acre Tract, Therefore Being an 80.0000 Acres Net Tract or Parcel of Land William Bloodgood League, Abstract No. 4 Harris County, Texas BEING a 82.0009 acres gross tract or parcel of land, save and except a 2.0009 acre tract of land, therefore being a 80.0000 acres net tract or parcel of land situated in the William Bloodgood League, Abstract No. 4, Harris County, Texas and being out of and part of that certain called 106.4081 acre tract, save and except a 2.0000 acre tract, indentified as TRACT 1, as described in a "Special Warranty Deed" from J.M. Huber Corporation to Engineered Carbons, Inc. as recorded in Clerk's File No. R470540, Official Public Records of Real Property, Harris County, Texas and also being out of and part of that certain called 106.4081 acre tract, save and except a 2.0000 acre tract, indentified as TRACT 1, as described in a "Special Warranty Deed" from Engineered Carbons, Inc. to Degussa Engineered Carbons, L.P. as recorded in Clerk's File No. V726885, Official Public Records of Real Property, Harris County, Texas and Volume 553, Page 612, Official Public Records, Chambers County, Texas, and furthermore being out of and part of that certain called 105.7559 acre tract, save and except a 2.0009 acre tract, identified as TRACT I, as described in a "Special Warranty Deed" from Orion Engineered Carbons, LLC to Nilok Chemicals, Inc. as recorded in Clerk's File No. 20130523117, Official Public Records of Real Property, Harris County, Texas and also being out of and part of that certain called 105.7559 acre tract, save and except a 2.0009 acre tract, identified as TRACT I, as described in a "Special Warranty Deed" from Orion Engineered Carbons, LLC to Nilok Chemicals, Inc. as recorded in Volume 1452, Page 648, Official Public Records, Chambers County, Texas, said 82.0009 acre tract being more particularly described as follows: NOTE. All bearings are referenced to the Texas State Plane Coordinate System South Central Zone NAD83 (CORS96). All acreages and distances are surface. Scale Factor equal to 0.99990086 All set 518" iron rods set with caps stamped "M. W. Whiteley & Associates ". COMMENCING at an iron rod with an aluminum cap stamped "1820" found for the intersection of the North right -of -way line of Needle Point Road (based on a width of 60 feet) and the Southeasterly right -of -way line of the Southern Pacific Railroad (formerly the Dayton - Goose Creek Railway Company as recorded in Volume 525, Page 236, Deed Records, Harris County, Texas)(based on a width of 100 feet) and said corner also being the Southwest corner of that certain called 2.7972 acre tract of land, identified as TRACT I, as described in a "Special Warranty Deed" from Sun Chemical Corporation to Reclamation Solutions Services, LLC as recorded in Clerk's File No. Z232497, Official Public Records of Real Property, Harris County, Texas; THENCE NORTH 77 025'45" EAST, along and with the North right -of -way line of Needle Point Road and the South line of the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 117.63 feet to an iron rod with an aluminum cap stamped "1820" found for the Southwest corner and the POINT OF BEGINNING of the tract herein described, said corner also being the Southeast corner of the said 2.7972 acre Reclamation Solutions Services, LLC tract; THENCE NORTH 12 000'42" WEST, along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 72.12 feet to a railroad spike found for corner; THENCE NORTH 24 051'04" EAST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 297.24 feet to a "PK" nail found for corner; THENCE NORTH 41015'41 " EAST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 128.96 feet to a "PK" nail found for corner; THENCE SOUTH 65 007'48" EAST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 98.81 feet to a railroad spike found for corner; THENCE NORTH 24 °51'23" EAST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 146.69 feet to a 5/8" iron rod set for corner; THENCE NORTH 65 004'06" WEST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 42.19 feet to a railroad spike set for corner, said corner also being the beginning of a curve turning to the right having a radius of 450.99 feet and being subtended by a chord bearing SOUTH 61059'22" WEST having a chord length of 49.32 feet; THENCE SOUTHWESTERLY, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract and along and with said curve, for an arc length of 49.34 feet to a railroad spike set for corner; THENCE NORTH 29 027'32" WEST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 18.00 feet to a railroad spike set for corner, said corner also being the beginning of a curve turning to the left having a radius of 433.06 feet and being subtended by a chord bearing NORTH 49 °35'01" EAST having a chord length of 240.15 feet; THENCE NORTHEASTERLY, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract and along and with said curve, for an arc length of 243.34 feet to a "PK" nail set for corner; THENCE NORTH 65 °08'51" WEST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 89.59 feet to a "PK" nail set for corner; INC. THENCE NORTH 24 050'16" EAST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 328.68 feet to a found 5/8" iron rod found for corner; THENCE NORTH 65 008'29" WEST, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 89.46 feet to a railroad spike set for corner; THENCE SOUTH 24 053'09" WEST for a distance of 75.99 feet to a 5/8" iron rod set for corner, said corner being the beginning of a curve turning to the right having a radius of 433.06 feet and being subtended by a chord bearing SOUTH 33 °30'15" WEST having a chord length of 129.70 feet; THENCE SOUTHWESTERLY, continuing along and with the boundary between the tract herein described and the said 2.7972 acre Reclamation Solutions Services, LLC tract and along and with said curve, for an arc length of 130.19 feet to an iron rod with a cap found for corner, said corner being the most Westerly Northwest corner of the said 2.7972 acre Reclamation Solutions Services, LLC tract and being in the Southeasterly right -of -way line of the said Southern Pacific Railroad; THENCE NORTH 24 053'16" EAST, along and with the Southeasterly right -of -way line of the Southern Pacific Railroad, for a distance of 1976.96 feet to an iron rod with a cap found for corner, said corner being the intersection of the Southeasterly right -of -way line of the Southern Pacific Railroad and the South right -of -way line of Interstate Highway No. 10 (width varies); THENCE NORTH 89 053'46" EAST, along and with the South right -of -way line of Interstate Highway No. 10, for a distance of 1228.32 feet to a point for corner; THENCE SOUTH 14 045'07" WEST, over and across the said Nilok Chemicals, Inc. TRACT I, for a distance of 2370.89 feet to a point for corner, said corner being in the South line of the said Nilok Chemicals, Inc. TRACT I and the North line of that certain called 3.6014 acre tract of land, identified as TRACT IV, as described in a "Special Warranty Deed" from Orion Engineered Carbons, LLC to Nilok Chemicals, Inc. as recorded in Clerk's File No. 20130523117, Official Public Records of Real Property, Harris County, Texas and also being that certain called 3.6014 acre tract of land, identified as TRACT IV, as described in a "Special Warranty Deed" from Orion Engineered Carbons, LLC to Nilok Chemicals, Inc. as recorded in Volume 1452, Page 648, Official Public Records, Chambers County, Texas and being in the North right -of -way line of Needle Point Road (as recognized), THENCE SOUTH 77 025'45" WEST, along and with the boundary between the said Nilok Chemicals, Inc. TRACT I and TRACT IV and along and with the North right -of -way line of Needle Point Road (as recognized), for a distance of 1810.47 feet to the POINT OF BEGINNING and containing 82.0009 Acres, more or less. MARK W. WH/TELEYAND SAVE AND EXCECPT the following 2.0009 Acre Tract, said 2.0009 acre tract being all of that certain called 2.0000 acre tract of land, identified as TRACT II, as described in a "Special Warranty Deed" from Sun Chemical Corporation to Reclamation Solutions Services, LLC as recorded in Clerk's File No. Z232497, Official Public Records of Real Property, Harris County, Texas, said 2.0009 acre tract being more particularly described as follows: COMMENCING at an iron rod with an aluminum cap stamped "1820" found for the intersection of the North right -of -way line of Needle Point Road (based on a width of 60 feet) and the Southeasterly right -of -way line of the Southern Pacific Railroad (formerly the Dayton - Goose Creek Railway Company as recorded in Volume 525, Page 236, Deed Records, Harris County, Texas)(based on a width of 100 feet) and said corner also being the Southwesst corner of that certain called 2.7972 acre tract of land, identified as TRACT I, as described in a "Special Warranty Deed" from Sun Chemical Corporation to Reclamation Solutions Services, LLC as recorded in Clerk's File No. Z232497, Official Public Records of Real Property, Harris County, Texas; THENCE NORTH 24 053'09" EAST, along and with the Southeasterly right -of -way line of the Southern Pacific Railroad and the West line of the said 2.7972 acre Reclamation Solutions Services, LLC tract, for a distance of 1010.63 feet to an iron rod with a cap found for corner, said corner being the most Westerly Northwest comer of the said 2.7972 acre Reclamation Solutions Services, LLC tract and being an exterior ell corner of that certain called 105.7559 acre tract, save and except a 2.0009 acre tract, identified as TRACT I, as described in a "Special Warranty Deed" from Orion Engineered Carbons, LLC to Nilok Chemicals, Inc. as recorded in Clerk's File No. 20130523117, Official Public Records of Real Property, Harris County, Texas, the same being that certain called 105.7559 acre tract, save and except a 2.0009 acre tract, identified as TRACT I, as described in a "Special Warranty Deed" from Orion Engineered Carbons, LLC to Nilok Chemicals, Inc. as recorded in Volume 1452, Page 648, Official Public Records, Chambers County, Texas; THENCE NORTH 24 053'16" EAST, along and with the Southeasterly right -of -way line of the Southern Pacific Railroad and the West line of the said Nilok Chemicals, Inc. TRACT I, for a distance of 1092.35 feet; THENCE SOUTH 65 006'44" EAST, over and across the said Nilok Chemicals, Inc. TRACT I, for a distance of 64.18 feet to an iron rod with a cap stamped "RPLS 1855" found for the Southwest corner and the POINT OF BEGINNING of the tract herein described; THENCE NORTH 24 047'39" EAST, along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 479.06 feet to an iron rod with a cap stamped "RPLS 1855" found for corner; THENCE NORTH 38 032'54" EAST, continuing along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 50.40 feet to an iron rod with a cap stamped "RPLS 1855" found for corner; MARK W. WH/TELEYAND ASSOCIATES, INC. THENCE SOUTH 55 022'23" EAST, continuing along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 260.63 feet to an iron rod with a cap found for corner; THENCE SOUTH 24 047'43" WEST, continuing along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 110.59 feet to an iron rod with a cap found for corner; THENCE SOUTH 79 038'10" WEST, continuing along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 50.08 feet to an iron rod with a cap found for corner; THENCE SOUTH 54 038'58" WEST, continuing along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 389.30 feet to an iron rod with a cap stamped "RPLS 1855" found for corner; THENCE NORTH 75 054'39" WEST, continuing along and with the boundary between the tract herein described and the said Nilok Chemicals, Inc. TRACT I, for a distance of 34.64 feet to the POINT OF BEGINNING and containing 2.0009 Acres, more or less. W9?015`15 -1319 Tax Tract M &B.docx