Ordinance No. 13,869ORDINANCE NO. 13,869
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 EL DORADO NITROGEN, L.L.C.; 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 El Dorado Nitrogen, L.L.C. 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 E
City of Baytown, this the 13th day of September, 2018.
S
AT ST:
L TICIA BRYSCH, City Jerk
APPROVED AS TO FORM:
IqKNACIO RAMIREZ,, � City Attorney
of the City Council of the
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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 Hams and Chambers Counties, Texas,
hereinafter also referred to as `Baytown" or "City," and El Dorado Nitrogen, L.L.C., an
Oklahoma 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 Attomey
P.O. Box 424
Baytown, TX 77522
2. The "Property Owner"
El Dorado Nitrogen, L.L.C.
Attn: Executive Vice President
16 South Pennsylvania
Oklahoma City, OK 73107
Tax Statement Address:
El Dorado Nitrogen, L.L.C.
Attn: Property Tax Department
P.O. Box 2469
Baytown, TX 77522-2469
H.
Identification of Property and Industrial
District
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 2018 through 2024, 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 Payment
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:
(1) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
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:
TAX YEAR
YEARLY
PAYMENT
RATE
2018
$4,507,808.00
2019
$4,507,808.00
2020
$4,507,808.00
2021
$4,507,808.00
2022
$4,507,808.00
2023
$4,507,808.00
2024
$4,507,808.00
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:
TAX YEAR
YEARLY
PAYMENT
RATE
2018
.66
2019
.66
2020
.66
2021
.66
2022
.66
2023
.66
2024
.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 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:
1. 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 of this
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 Section XIII hereof.
Nothing contained herein shall ever be construed as in derogation of the authority of the
Chambers County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion for ad valorem tax
purposes.
B.
Adiustment of Base Value for Property Inside the Corporate Limits but Subsequently
Disannexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
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 Comorate Limits but Subsequently Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is annexed into the corporate limits of the City during the term of this 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 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 I 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 60 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 60 days after the City received both the Property Owner's
written refund request and the Chambers County Appraisal District's formal notification that
the appraised value of the property has been reduced.
VII.
Compliance with Law
The City and the Property Owner mutually recognize that the health and welfare of
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 noise, vibration and toxic levels and drainage and flood control which are
adopted by the City and made applicable to portions of the City adjacent to the Industrial
District shall also be applicable to the affected area. The Property Owner agrees that any
industrial or other activity carried on within the affected area will be constructed in strict
compliance with all applicable valid state and federal air and water pollution control standards.
If the Property Owner's property within the affected area is subject to the Occupational Safety
and Health Act, 29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to
ensure that its facilities and improvements in the affected area comply with the applicable fire
safety standards of such act and the resolutions from time to time promulgated hereunder (the
"OSHA Standards'), but there shall be no obligation to obtain any permits of any kind from the
City in connection with the construction, operation or maintenance of improvements and
facilities in the affected area not located within the corporate limits of the City. Nonetheless, the
Property Owner agrees that any structure built within the affected area shall be built in
accordance with the building code adopted by the City in effect at the time of construction.
The City and the Property Owner recognize that activities in the City's industrial
districts are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner
also recognize that the City may have an interest in activities in the City's industrial districts
that are regulated by other governmental entities. Nothing in this Agreement is intended to limit
the City's right and authority to communicate its interest in, or opposition to, those activities to
the applicable regulatory agencies or to participate, to the extent allowed by law, in any related
administrative or judicial proceeding.
VIII.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's
premises and the same right to examine the Property Owner's books and records to determine
the value of the Property Owner's properties as are provided in the Texas Property Tax Code as
amended.
D{.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the terms of
this Agreement, including the obligation to make the payments above provided for, the City
shall have the option, if such default is not fully corrected within sixty (60) days from the
giving of written notice of such default to the Property Owner to either (i) declare this
Agreement terminated or (ii) continue the term of this Agreement and collect the payments
required hereunder. Notwithstanding any to the contrary contained herein, should the City
determine the Property Owner is in default according to the terms and conditions of Section
VII hereof, the City shall 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 VII 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 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.
XI.
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 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 ("CIMA') or similar
organization, the Property 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 CIMA 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 expended by the City in providing any firefighting
assistance to the Property Owner, including 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.
Assignment
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 30
days of the 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 property conveyed, only if the grantee thereof enters into an Industrial District
Agreement with the City with respect to such property so conveyed. No right or obligation
under this Agreement may be sold, assigned or transferred.
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 Municipal Services
It is agreed that during the tern 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 famish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5)
garbage pickup service.
XVII.
Severability
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.
XVIII.
Complete Agreement
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.
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.
Headings
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.
H
XXII.
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, Hams County, Texas.
XXIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this Agreement.
IN WITNESS WHEREOF, this Agr ement is executed in multiple counterparts on behalf
of the Property Owner this2F�vtLday of tW ja sr- _ , 2018. and on behalf
of the City this day of 2018.
EL DORADO NITROGEN, L.L.C.
Offic is Signature~ %AI
ris pj
Officer's Printe ame
-q I Cl— -Ie-a& Y-exs wa�r
Officer's Title
STATE OF � k��� §
COUNTY OF 0 [),Ja1U7YUL §
Before me,1i1 yl �. !v , the undersigne notary pu lie,
on this day personally appeared Q� , the �%IC� CAA) rANlf^Ct—
of C I bort) N j _ Sin Lt , the owpe of the affected property, known to me to be the
person whose name i bscribed to the foregoing instrument and acknowledged to me that lie
executed the same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me thi' �y of , 20 (s
M. Q'%,,�
0 "IgorGi000
E:kp O91497, _ Notafi Public in and fort a State of y{,L�
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
V%0*1�9
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
WADE NICKERSON, Finance Director
%%COBFS011I.cgaMr n\FilaXContracls\indusidal District Agreemcnls\E1 Dorado Nitrogen%El Dorado Nitric 2018 IDA.docx
12
Appendix A
TEB OF TOMS) Property owner owns machinery and equipment within the
COM4TY Og CWLMBEPS) manufacturing facility located as follows:
a aY.n NOITS Of a 2.7.55 acre tract of land situated in the .
Christian SMi rli League, Ahstract No. 2Z, Chatni�ea-s Corm _.h Texas,
and beinc out of anal a part of ' the foi 1 ow-lng tracts of land:
I. A called 45.537 acre tract of land conveyed to N4
c3av
'hemical Company by Sidney S. McClendon. III,' '= :stee ' by deed'
dated March 20, 1970 and recorded 3..n volume 3a3 at Pace 345 of
the Deed Recordsr C
oambers County, Texas.
2. A cal'! ed 28,6-359 acre tract of land conveyed to znobay
Che_�cal C�any by o1Crey S. McClendon iil, :Trustee by deed
dated March lG, 1970 and recorded in '7o1Ltme 313 at Pace 340 of
tae Deed Records of Chpaiibers County, Texas.
This 2.755 acro t=act of land is more a=t1cularly des=Lbed by
metes and bcu--ds as follows , to -wit:
No r--: 1T.:. 3�2i'niGS ARE LAMBERT GRID BEAR_INC--S A..= ALL CCORDu`AizS
°.EZER TO THE STATE PL,ME COORDIAXATE SYSTMR, SOL'ZE MgT-crl*,, ZONE.
A5 D= Z*T- -3D EY .e` RTI•.i,= 53 0 0A OF � REv rsrr7 C=WL . S�TMS OF
THE
S 71TE OF Tfl.-.X S . SCALE FACTOR = 0.9998961. r AMERT GRID SE>�RING$
TO PL;aT BEAPU +TGS -12 DEG 31 MIT 34 SEC 1'N 'P70RTgya}3Sl° AND
SO ST QLTADP.AA7T, +T2 DEG 31 MST 54 SEC ni TSS NORTFP,A.;T AND
SOD�`ES--r 2>7�L+ DRAZ4T. P.r,VE:LEv; E IS MMDE To PLAT op SV=- DATE
ACCCMPAXYZiNG MyLS D.ESr-_, PTiGN.
=MMENCING at the 7-go=r_heast corr;er of said 45.837 acres, the
TTorthwest corer of said 286.359 acres, and in the Scutt; 14=8 of
a +166.443 acre tract of land conveyed of Mobay tMemiczl Co:oazcy
kv S $^_ey S_ McClexldon. III, T=s'tee by deed dated Janda_—y 4, 1974
and recorded in Volume 352 at page -lag of the Deed•Reccrds of
Chambers Cot= r -y, Texas, having a Stata Plane Coordinate Syste=:c
Value of X*- 3,297,676.4-0 end y - 725, O1$. 83.
TEOCE South 34 deo 2S mi.n :L5 sec nest 2c Coss said 45.83 7 acres a
d:staace of 706_72 tort, Loa 1f2 iuc-t iron rod set for the
Northwest co=er of this tract of I=d, Wad i., the cente;iine of
a 50 foot road right of way, said corner ba: ng the pLArg OF
�G'WIMG_ This coiner has a State Plate CaordiCaze Sastem Value
of F = 3,297,276.54 and Y = 724,433.26, and a Plant Coordi
Value of N = 7650 and S _ 723.5.nate
= MUCs Mor!%
this
7; deo 28 =:= 26
sec East With the 'line of
C act Of
300.00 feet to
land, and across
a inch iron
said 45.837
acres a d sauce of
./2
of this tract of in the
rod set for
the yartiEsast *==er
of
-land czarterliue of
a SO tom road r=ght
EXHIBIT A Page 1 of 4
PAW NO. 2 - s . 7 SS AMES
?SS►i�,•r South- 12 dog 3? min 34 s6c East with �e East lic
`�+
craet of Land; a cet,terliae e ag thin
o; safd 50 foot road, across said
45.837 acres, and across said 2a6.359 acres a distance of *400.00
feet to a 1/2 .:rch iron rod set for the Scutaeast • comer o f phis
tract of land. '
7 �G South 77 de: 28 rain 26 sec west with the South 1�ze of
CM traC- of land, and across .said 286.359 acres at distance of
300.00 feet to a 1/2 iascii ircm rod set for the Southwest corner
Of this Craet of land, and is the centerline cf said 50 foot
roa3. -
MWC3 NOrth 32 deg 31 min 34 sec west with the west*•
t=act: of 1a -:d, the ceater'lof
a of said 50 foot road, act • a„a s
45.837 acres, and across said 256.359 acres a distaac® of 400•Co
feet Co *he PLAN of 98GI�1NiVG, c.ntaiU;„9 wit'1ia said bcundasias
2.750 ,acres of ia.rid.
SURvB-YM: June 10, 1996
sUR"i-n-ORS CERTrapmaxr.
3, Robert L. Sall, J+., Reg. Professi.oaal Lard Su-veyor Vo_ 1630
do hereby ce^ify tat the foreSCiric' fie? d notes were Prepared
f=m a -WaveY made or_ the ground on the date sizoer and that ala
lines, houndartes and landmarks are zcc.1,-ately descrI.Ibed thei eia-
R02SMV3y0R
'v,L7W SSf Jun Qyhaizd 9d seal at Hayr-owp, Taxers, t2ais the 13th. , day.
NO. 163.0
96 -1074N -PEN
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TM STATE OF T=S)
coany OF (mdIDSRs )
rl'3LD NMS of a 0.310 of an acre tract of laud s=tz-ated ,the
C'�risuan SMi.th League, an acre
no,- 22, Chambers Cwt T
and being out of And. a gar of a called 45.837 acre tract e�c88 •
conveyed Co MaL�ay Ch®mical Caua�any by Sidney S. 14cC].e�ndcQ ZI2 d
Trustee by deed dated March 10, 1970 and recorded in Z*o1�L, 3Z3
at Page 345 of the Deed .Records of Chambers Co=zy. Text. This
0.310 cf as acre tract Of land is mereparticuia;ty describe by
metes and bounds as follows , to -wit:
150M.- 4LL BEAL MNW FAL JAMERT CpID BERIRMGS AND ALL COCRD
REFER TO TBji STAsg PIMM COORDINATE Sys -LM, SO=1'='g �3L ZC�R ' ES
AS DWWM 33Y ART MZ 5300th OF TEE REVISED CIVXL S=TU S Cr �
STAT OF TEXAS. S(MUAZ FACTOR - 0.9998961- L3MSER1' GRID T�
+0 rANr H, ,S -12 DEG 31 •1.3X q 34 63C IN Tag MoEST A GS
SODI MAST Qui , X12 BSG 32. MIN 34 SEC IN T3~' NOR 'r AM
SOU E%ZST 'RANT. FWFE.�icr IS 16L
ACCOa1E ?C PLAT. OF BV53T I:AZ'8.
MFi'alMG TEis DESCRIST;ON .
CCP — C339G at the No—east corner Of ,said 45.83 7 a=es, the
Northwest corner of said 386.359 acres, and :.n the South latae o;
a 366.+443 acre tract of land conveyed of Moban Chemic!.],
by Sidney S . Mcf"1.end= III, Trustee by deed dated J
and recorded in doll 352 at Page 148 of the Deed Records ds og3-974
ChamnB=s Cauntl. Texas, saaviuc a State Plane Coordinate System
Value of X = 3,297,675.49 and Y - 725,015.83.
ICF South 69 deg 14 min 33 sec West across sand 45,837 acres a
distance of 1376.01 feet to a 1/2 Tach iron rod set for the
Northwest corner of this tract of land, said ce-rer being the
PL aCS OF BEGnOWING _ This corner bas a State P= ane Cocrd =ate
System Value of X - 3,296,389.93 and t = 724,528_20, and a Plant
COordinace Va 1 Me of N_= 7915 and Z a 63 70 .
7METCS North 77 deg 2a min 26 sec East wa th the Nlorth 34ae of
this tract of Land, and across said +5.837 acres a distance of
300.00 feet tto a 1/2 inch iron red set for the Northeast coiner
of --this c: act of land.
T3ZPNCS South 12 deg 31 min 34 sec East sai_th the wast 11 := Of this
tract of land, and across said 45_837 acres a distance of 135.00
feet to a 1/2 incl: i--oa --mv! Get =or the Southeast coxae; of tsais
tact of land.
T --BCB South 77 deg 28 udn 26 sec nest with the south /_n of
the t=act of land. and across said .837 a=es a distance of
100.00 feet to a 1/2 inch from rod so= for the Soutrwest comer
of this tract of land.
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pAG,-, NO. 2 - 0.37.0 OF AN ACRE
i
TSpjCg North 3.2 Beg 31 11L7S 34 see upsL with the West 2irie of this
f.ac= of land, a=d ac—oss said 45.1937 acres a d=stzac® of 135.00
feet CO rhe, pLmm OF BEGZ,mL' k, caRta.ining vit'" n saki bv=daaries
0.310 of an acre oP.iand. '
SIIRVEYSD = � �Qe •
SURL-AyoFS MICIi1MTE
r, Rabesz =a].1,
Zr., Reg_pxofess=oral Land Su —Jeyor No. I610
Qo herd certIf ri'.at the foregoing. field notes nese prepared
frau a svrvev made on the g cuad On the date sboaa ar.Z that all
?.:nes, LeUrla r'! es and iardmu_'iks are accurately described W-08 e;n.
N -.LN --.SS My band and seal at 3ay:.0wu, exas, th=s the L3th., day
of Jae. A.D. , A-5�� I
RSG. FROFRSSIO� LAMSLtiRVis'YCR
Imo. 1610
.96-3.074N.MN
.:.......�.'..
1810 _•-:� f
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** TOTAL PAGE.005*