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Ordinance No. 3,16210528 -1 ORDINANCE NO. 3162 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH EXXON CORPORAT- ION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Council of the City of Baytown hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Exxon Corporation. A copy of said Agreement is attached hereto, marked as Exhibit "A ", and made a part hereof for all intents and purposes. Section 2: That this ordinance shall take effect from and after its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 28th day of May , 1981. ATTEST: EILEEJN P. HALL, City Clerk APPROVED: RANDALL B. STRONG, City Att ey 10528 -1a INDUSTRIAL DISTRICT AGREEMENT BETWEEN EXXON CORPORATION AND THE CITY OF BAYTO,`IN, TEXAS This Agreement is made and entered into between the City of Baytown, Texas, a municipal corporation in Harris County, Texas, hereinafter also referred to as "Baytown" and "City ", and Exxon Corporation, a New Jersey corporation wizh a permit to engage in business in the State of Texas, here- inafter referred to as "Exxon ": '44 I T N E S S E T H: WHEREAS, Baytown has a history of cooperating with in.- dustries located within and near its city limits; and WHEREAS, the City Council of the City of Baytown is of the considered opinion that such cooperation results in economic growth and stability for Baytown and its adjacent areas; and WHEREAS, the Texas Legislature in 1963 adopted the "Municipal Annexation Act,." Article 970a, Revised Cavil Statutes of Texas, which provides for the creation of In- dustrial Districts within the extraterritorial jurisdiction of cities; and WHEREAS, pursuant to such Municipal Annexation Act and in the interest of further cooperation with industry and the economic enhancement of Baytown, the City of Baytown enacted Ordinance No. 886, dated the 19th day of September, 1967, designating a part of its extraterritorial jurisdiction as an Industrial District known as Baytown Industrial District No. 1; and WHEREAS, the City Council desires that all of Exxon Corporation's Baytown Plant and facilities which are not now annexed as described in Appendix A, be included in the 0916 .M1.01 Baytown Industrial District No. 1 and further desires to enter into this contractual agreement with Exxon Corporation for this purpose; and WHEREAS, Exxon's Baytown Plant includes both real and personal property in its refining and chemical. manufacturing and research facilities, including any office facilities used in direct support of these operations and either situa- ted contiguous thereto or separated by public roads; NOW THEREFORE, In consideration of the promises and of the mutual covenants and agreements herein contained, it is agreed by and between Exxon and the City of Baytown as follows: 1. The City of Baytown hereby agrees that all of the land and improvements thereon owned, used, occupied, leased, rented or possessed by Exxon within the area designated as Baytown Industrial District No. 1 by Ordinance No. 586 and amendments thereto which Industrial District is more parti- cularly described in Appendix A to this Agreement and made a part hereof shall continue its extraterritorial status as an Industrial District and shall not be annexed by the City of Baytown nor shall the City attempt to annex, or in any way cause or permit to be annexed any of such property during the term of this Agreement. The City further agrees, pro- mises and guarantees that during the term of this Agreement the City of Baytown shall not apply or purport to apply any ordinance, rule or regulation to such property except as relating to noise, vibration, drainage or flood control, and pollution performance standards as hereinafter provided. Specifically, but without limitation, the City agrees, promises and guarantees that it will not extend to said property any ordinance, rules or regulation (a) governing plats and the subdivision of land; (b) prescribing any 10528 -1c zoning, building, electrical, plumbing; or inspection code or codes; and (c) attempting to exercise in any manner whatso- ever control over the conduct of Exxon's business thereon. The City further agrees that during the term of this Agreement, it will not levy or purport to levy ad valorem taxes against any real or personal property owned, used, occupied, leased, rented, or possessed by Exxon within the property boundaries described in said Appendix A. 2. It is further agreed that during the term of this Agreement the City of Baytown shall not be required to furnish municipal services to Exxon's Baytown Plant, which are ordinarily and customarily supplied by -the City to property owners within its boundaries, except as provided by mutual agreement. Specifically, but without limitation, it is agreed that the City of Baytown 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. 3. Exxon and the City of Baytown recognize that in the past Exxon has paid a share of the needed revenue for opera- ting the City and providing services for its residents. It is further recognized that during the next succeeding seven years the City of Baytown will experience population growth as a result of industrial expansion which will necessitate increased revenue to provide expanded services and facilities. In view of this increased need for revenue, beginning in 1981 Exxon agrees to pay the City of Baytown an Industrial District payment on or before December 31 of each year during the term of this Agreement an amount to be calculated on the basis of the below stated formula: A. In applying the below stated formula, the follow- ing definitions shall apply; 1052$ -1d l). Full Value Payment: The fair market value, as determined by the City, of all of Exxon's Baytown Plant within the corporate limits or extraterritorial jurisdiction of the City, x 0.35 x the property tax rate per $loo.00 of assessed valuation adopted by the City Council for the City of Baytown for financing; the fiscal year in which such December 31 due date falls. 2). Tax Payment: The amount paid by Exxon to the City of Baytown as ad valorem taxes on that por- tion of Exxon's Baytown Plant within the City limits. The tax payment shall be bared on either the value rendered on such property by Exxon and adjusted, if necessary,by the Industrial District Review Board or the value determined by the Harris County Central Appraisal District when such dis- trict begins assessing Exxon's property for the City. 3). Industrial District Payment: Amount paid by Exxon in lieu of taxes pursuant to this Agreement, which amount shall not include the tax payment paid by Exxon. B. Exxon's Industrial District payment shall be calculated each year in the following manner using the above definitions: Industrial District Payment = Full Value Payment minus Tax Payment. C. For 1981, the fair market value of Exxon's Baytown Plant, including both those portions annexed and those portions in the Industrial District, shall be determined by an appraisal conducted by the City of Baytown and /or an independent appraiser of the City's selection and at the City's expense. This value shall be used in determining the full value payment described above. 10528 --1e D. The Texas Property Tax Cade (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979) is scheduled to become effective for 1982 and subsequent years. However, the effective date for the Act may be dela -Feed for Harris County by the Texas Legislature. If the effective date of the Act in Harris County is delayed, the fair market value of Exxon's Baytown Plant, including both those portions annexed and those portions in the Industrial. District, shall be determined as described in paragraph (C) above for each year in which the Act is not effective in Harris County. Beginning in the year in which the Act does become effective in Harris County, and subsequent years, the fair market value of Exxon's Baytown Plant payments including both those portions annexed and those portions in the In- dustrial District, shall be determined as described in paragraph (E) below. E. Under the terms of the Texas Property Tax Code, the appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improvements, and tangible personal property in the unannexed area for the purpose of computing the Industrial District payments hereunder. Therefore, for those years under this Agreement in which the Harris County Appraisal District appraises values within the annexed portion, the parties agree that to determine the fair market value of all of Exxon's Baytown Plant for the purpose of calculating the Industrial District Payment in the manner described above, the appraisal of the land, improvements, and tangible personal property in the Exxon Baytown Plant 10528 -1f shall be conducted by the City of Baytown, and/or an inde- pendent appraiser of the City's selection, and at the City's expense. This value shall be used in determininb the full value payment described above. Nothing contained herein shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the apprai- sed value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. F. It is agreed by the parties that the City's Board of Equalization shall also act as the Industrial District Review Board referred to herein until such time as the Harris County Appraisal Review Board as created by the Property Tax Code takes over the function of the City's Board of Equalization. The parties agree that at the time Harris County Appraisal Review Board begins functioning, the City shall create a In- dustrial District Review Board which shall carry out the duties designated to it in this Agreement. 4. Annual payments under this Agreement shall be calculated by the City of Baytown in the above stated manner. Determination of City and industrial District fair market values, in the above stated manner, shall be made by City of Baytown and approved by the Industrial. District Review Board. Such final fair market value as approved by the In- dustrial District Review Board shall be subject to exception by Exxon and should Exxon take exception to the fair market value of such property as determined by the Board and should the Board and Exxon be unable, through negotiations, to reach a mutually acceptable fair market value on or before September 1 of the calendar year in which such December 31 due date falls, then either party may request determination of such disagreement by a mutually acceptable arbitrator. 1052$ -1g The cost of such arbitrator shall be shared equally by the City of Baytown and Exxon, and such arbitrator's determination shall be final and binding unless either party within thirty (30) days after such arbitrator's determination is received by the parties, petitions for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by Section 5 hereof. Should the parties be unable to agree upon a mutually acceptable arbitrator, each party shall nominate one arbitra- tor and the arbitrators so nominated by the parties shall select a third arbitrator who will act with them as a three- - member arbitration panel to decade the disagreement between the parties by the concurrence of a majority of such panel.. Such arbitrator or arbitration panel shall determine whether the fair market value of such property is as contended by the Industrial District Review Board, by Exxon, or some intermediate value. The cost of such arbitration panel shall be shared equally by the City of Baytown and Exxon, and such panel's determination shall be final and binding unless either party within thirty (30) days after such determination is received by the parties, petitions for a Declartory Judgment to the Civil District Court of Harris County, Texas, as provided for by Section 5 hereof. In determining the fair market value of property and improvements as used herein, the Industrial District Review Board and any arbitrator or arbitration panel shall base its determination on the replacement cost of comparable present day facilities considering and giving effect to sound engi- neering valuation practices relative to service life, life expectancy, process and functional obsolescense. 5. If any disagreement arises between the parties con- cerning the interpretation of this Agreement or the decisions 10528 -1h of the arbitrator or arbitration panel provided for hereunder, it is agreed that either of said parties may petition any Civil District Court of Harris County, Texas, for a Declara- tory Judgment determining said controversy and the cause shall be tried as other civil causes in which Plaintiff must establish by a preponderance of the evidence the correct' interpretation of valuation. Pending final determination of said controversy, Exxon shall pay to the City of Baytown on the due date the same amount which it paid to the City for the last preceding period as to which there was no contro- versy concerning the amount owed by Exxon to the City. Exxon agrees to tender the 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. 6. All payment to the City of Baytown provided for herein shall be made to the City at the City Hall. in Baytown, Texas. If any payment is not made on or before -the due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes; provided, however, that this sentence shall not apply to any payment which may be found to have been deficient as the result of proceedings provided for in Section 5 hereof. The City shall have a lien upon Exxon's property upon any delinquency in Industrial District payment. 7. If any other municipality attempts to annex any land or property owned., used, occupied, leased, rented or possessed by Exxon within the area designated as Baytown Industrial District No. 1, more particularly described in 10528 -1i Appendix A to this Agreement, or if the creation of any new municipality should be attempted so as to include within its limits of such land or property, the City of Baytown shall, with the cooperation of Exxon, seek injunction relief against any such annexation or incorporation, and shall take such other legal steps as may be necessary or advisable under the circumstances. The cost of such legal steps, including fees of attorneys (other than the City Attorney) retained by mutual agreement of the parties, shall be paid by Exxon. Should the City refuse or fail to comply with its obligations under this paragraph, Exxon shall have the right to seek such legal or equitable relief as it deems necessary or advisable in its own name or in the name of the City and, if necessary, Exxon may join the City as a party to such legal action. If the City and the Company are unsuccessful in preventing any such attempted annexation or incorporation, Exxon shall have the right to terminate this Agreement as to any property so annexed or incorporated retroactive to the effective date of such annexation or incorporation, or Exxon may continue this Agreement in full force and effect; provided, however, that Exxon's right of terminating this Agreement must be exercised within, thirty (30) days after judgment upholding such annexation or incorporation becomes final beyond- further appeal. If any payment is made by Exxon to the City of Baytown after the effective date of such annexation or incorporation and if Exxon elects to terminate this Agreement as above provided, then as to such property so annexed or incorporated such payment shall be refunded by the City to Exxon. 8. The City of Baytown and Exxon mutually recognize that the health and welfare of Baytown residents require adherence to high standards of quality in the air emissions, -8- 10528 -1i water effluents and noise, vibration and toxic levels of those industries located in the Baytown industrial District No. 1, and that development within the District may have an impact on the drainage of surrounding areas. To this end, Exxon and the City agree that the same standards and criteria relative to noise, vibration and toxic levels and to drain- age and flood control which are adopted by the City and applicable to portions of the City adjacent to Exxon's Baytown Plant shall also be applicable to the plant within the Industrial District. Exxon further agrees to abide by the rules and regulations and the permits issued to _[t by the Environmental. Protection Agency, the Texas Water Quality Board, the Texas Air Control Board, and any other govern- mental agency having legal authority in these matters. In this connection, it is recognized between the parties that these agencies are charged with the responsibility for enforcing air and water quality standards, and it is agreed that so long as the Environmental Protection Agency, the Texas Water Quality Board, the Texas Air Control Board, and other related agencies are charged with such responsibility, nothing contained herein shall be construed to impose upon the City of Baytown any responsibility, authority, or right, by termination of this Agreement or otherwise, to enforce any standards relative to air and water quality as are established by law, rule, regulation or permit. It is also agreed that no violation of any standards or criteria adopt- ed by the City shall be a reason for termination of this Agreement. 9. This Agreement shall be for a term of seven (7) years from the date this instrument is executed and for such additional period or periods of time as provided by the Texas Municipal Annexation Act and mutually agreed upon by the parties hereto. 10528 -1j This Agreement skull further terminate and replace that certain industrial District agreement entered into between Exxon and the City of Baytown, dated March 15, 1574. 10. The benefits accruing to Exxon under this Agreement shall also extend to Exxon's "affiliates" and to any properties owned or acquired by said affiliates within the area described in Appendix A to this Agreement, and where reference is made herein to land, property and improvements owned by Exxon, that shall also include land, property and improvements owned by its affiliates. The word "affiliates" as used herein shall mean all companies with respect to which Exxon Corporation directly or indirectly, through one or more intermediaries at the time in question, owns or has the power to exercise the control over fifty ( 50 0) percent or more of the stock having the right to vote for the election of directors. 11. It is agreed by the parties to this Agreement that only full, complete and faithful performance of the terms hereof shall satisfy the rights and obligations assumed by the parties and that, therefore, in addition to any action at law for damages which either party may have, Exxon may enjoin the enactment or enforcement of any ordinance or charter amendment in violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is further agreed that should this Agreement be breached by Exxon, the City shall be entitled, in addition to any action at law for damages, to obtain specific performance of this Agreement and such other equitable relief necessary to enforce its rights. However, nothing contained herein shall be construed 10528 -1k to give the City any right to terminate: this Agreement on the basis of Exxon's violation of any standard or criteria relative to air emissions, water effluents, noise, vibra- tion, or toxic levels, or drainage and flood control estab- lished by any late, ordinance, rule, regulation or permit. 12. In the event the terms and conditions of this contract are rendered ineffective or their affect changed by the Constitution, any Legislative changes, the implementation A of the Texas Property Tax Code, or any interpretation of the Texas Property Tax Code by the State Tax Assessment Board, both parties mutually agree that said Contract shall be re- negotiated to accomplish the intent of this Agreement. EXECUTED IN DUPLICATE ORIGINALS this day of , A.D., 3981. EXXON CORPORATION By Vice President ATTEST: Assistant Secretary CITY OF BAYTOWN nIMETT 0. HUTTO, Mayor ATTEST: EILEEN P. HALL, City Clerk 10528 -11 APPC3BIX A TRACT No. I = EKXON CORPORATION BAYTO N PLk,,T AND FACILITIES SITE NOT :30;4 IN CITY LIMITS OF CITY OF BAYTO,,':4: BEGI:�rNI�NG at the point of intersection of the west right- o_` -:ay lore or 'r. *rnor Street with the north line or the Houston Ligt :tiag b Pa:;er Ca-parr tract in tan City of Baytown, l:m. Scott Upper League, Harris County, Texas, said POI : :T OF BEGINNING being further described as situated south 32 019' west a distance of 49:5 feet from the point of intersection of the aforesaid street west riSat -of- way line and the north right -of -way line of Dayton Street, and said point of intersection of streets described as lying north 20 °28` west a distance of 74:6 feet from the northwest corner of Block I in. :Addition, rim. Scott Upper League, Harris County, Texas, and said point of intersection or the azore- said point of intersection of the aforesaid street property lines being kno.-re as point No. 35 in the City Limits of Baytou n; formerly Peliy, as adopted by the City Council of Ordinance dated April 17, 1947, said point of intersection being further identified by Exxon Refinery Coordinate System as being north 5954.95. and wrest 1026.11 and lying on the southern boundary line of the Exxon Company, 11 :S:A: Baytown Refinery Plant Site; THE:CCE; north 32 °18' east into the private property of thy. aforesaid Exxoa Baytown Plant site with a line parallel to and 1..04 feet easterly from the ceateriire ai a pxiva.te road_idenCified as East Avenue and its southern pro�ectian for a dis tance of 1795.04 feet to the centerline of a private road ide.atified as Humble Street; THENCE 9 north 57 042' west with the aforesaid centerline of Humble Street, 1043 :�+9 feet to the centerline of a private road identified as Baytown. Avenue. THENCE; north 32 °18' east with the aforesaid centerline of Baytown Avenue, 163b:37 feet to the centerline of a private road identified as Fannin Street i7iihin the Baytourn Refinery property; TSEN�E� nartFi 57 °42' west iiith the aforesaid centerline of Fannin Street, 1075:x+0 feet to the centerline of a private roadway 3dentfi:ed a5 Sou lacinta Avenge; THENCE; north 32 °18' east approximately 1756.8 feet to the iutersect;ion oft [he centerline of the aforesaid San Jacinto Avenne and the south Line of jhe jdooster= -Cedar Bayou Road; THENCE; south 86 °13 we a distance of 61.87 feet along the south right =of� Way line of the hTooster =Cedar Bayou Road ro a" paint; said poI 1"t bex :.g the lnterz =- section of the east.propery line of the-Consolidated Chemical. 'Property and the QUth rzglitwaf =way 3 ine ref the Wisoster =Cedar Ba}�ou Road; . '.... �a.�r. south 32 °1$' roes[ along tfie east proper[}t line of the Consolidated Ciierxica? property a distance of 101.:89 feet to a point for CO p ncr; THENEEY north_32 °1S,minates_ east a distance of 629:26 feet to a point on the soaCtt xight= of�way line o£ the_WoosteraCedar Bayou Road; and con'nut on the sofa° cour a distance of 1.2.37 feet to a point for corner, said point .being ten feet perpenriicularly from the south right= -of= -way lihe of the Wooster= Cedar Bayou Road; THENCE; north 86 °13' east; ten feet from and parallel. io the south right- �of " -�cyay line of the•t,'ooste -!Cedar Bayou Road a distance of 187.95 feet to a point for �zorXier on the centerline of San Jacinto Avenue as projected across the [ti'ooster -- Eedar Bayou Road; THENCE, continuing northerly with the centerline of the aforesaid San Jacinto Avenne and its deviations approximately 1392.9 feet to an angle point, said point being identified by the Bumble Refinery Coordinance System as north 12;558 ;00 and. west 3;100:00; T1IENCE-0 north 57 042' west, 605.83 feet to an angle point; T1iENGE; north 32 °18` cast; 300.00 feet to an angle point; 10528 -1m north 57 °42' crest 549.25 feet to an angle poi ^t; THENCE, north 32 018' east 1234.27 feet to a point in the soutl2wasterly right - of -way line of Decker Drive, said point being identificd by the E.Lzoa RQfinery Coordinate System as north 14,102.27 and west 4,555.05; THENCE, northwesterly with the southwesterly right- o`-,.ay lire of Decker Drive to the point of intersection of the southwesterly right- of - -ra; lin, of Dicker Drive with a line Which is parallel to and 100 feet southerly and perpendicular to the north line of the Wm. Scott Upper League; THENCE, westerly parallel to the north line of the Wm. Scott Upper League but southerly and perpendicular 100 feet distance therefrom to point, said point being situated south 00 040' east 100 feet and north 89 °20` east 100 feet from the point of intersection of the north line of the t;rs. Scott Lipper League and the east line of the Steinman Tract; THENCE, south 00 °40' east parallel to the east line of the Sfeinmas. Tract but perpendicular 100 feet distance therefrom to a point opposite an angle point in the Steinman Tract east line and continuing; south 21 °10' west parallel to but easterly 100 feet perpendicular to the east line of the Steinman Tract to the -. northwest corner of Defense Plant Corporation 47.81 acre tract now owned by the Union Carbon Company; THENCE, south 87 °44' east a distance of 674.0 feet; THENCE, south 02 016' west a distance of 461.0 feet; THENCE, north 87 °44' west a distance of 701.50 feet; THENCE, south 02 °16' west a distance of 739.0 feet; THENCE, north 87 °44' west a distance of 579.54 feet to the southwest corner of aforesaid 47.81 acre tract, said corner being situated 1.00 feet easterly from the east line of Sweeney Subdivision; THENCE, southwesterly over and across a 100 foot strip owned by the Exxon Corporation to the northwest corner of Defense Plant Corporation 81.34. acre tract; THENCE, south 20 °56' west with the west line of said Defense Plant Corporation 81.34 acre tract 1741.61 feet to the southwest corner of said 81.34 acre tract, being situated in the north right-of-way line of Cedar Bayou - Wooster Road and perpendicular 40 feet' from the East Line of the Sweeney Subdivision; THENCE* southerly over and across Cedar Bayou- Wooster Road to the northwest corner of Defense Plant Corporation 58.299 acre tract; THMCE, south 20 052' west with the west line of said Defense Plant Corporation 58.299 acre tract at 491.91 feet the most western corner of the Defense Plant Corporation tract and continuing on said line to the point of intersection of said west line of Defense Plant Corporation 58.299 acre tract projected south 20 °52' west and the northeasterly right --of -way line of Market Street Road; THENCE, southerly with the northeasterly right -of -way line of Market Street Road to the point of intersection of the northeasterly right -of -way line of Market. Street Road and the,south line of the Defense Corporation 58.299 acre tract projected north 87 °44' west; THENCE, south 87 °44' east past the southwesterly corner of the Defense Plant Corporation 58.299 acre tract, continuing south 87 °44' east 1733.75 feet to the west right -of -way line of the Houston North Shore Railroad; Thence, south 11 °k3' west with the west right -of -way line of said Houston North Shore Railroad to a point, said point farther described as lying north 32 °19' east 715 feet from the north lire of the Houston North Shore Railroad 8..8 acre easement projected north 57 °41' west; -2- 10528 -1n TtiE -SCE, over and across itouston North S .ore right -of -way f "'tch ce•: tcr- line is situated south 32 019' east 354.64 feet, north 57 °41' test GS85.5 feet, north 32°19' east 619.62 .feet, north 11 °43' cast 133.9 feet fro- the northeast corner of the }Iouston Lighting u Power Company tract, to the •west 1'-,e of F.efinery property continuing on a line situated north 32 0 19' east 715 feet from the north line of the Houston North Shore Railroad 8.8 acre ease -' =nt to the po-LIL of said Houston Lighting & Power Ca ?any of intersection with the north line tract; THEiISTCE, easterly with the north line of said Houston Lighting & Power CoL.pany tract to the POINIT OF BEGINNI:' G. TF.ACT NO. 2 -° E)ao' j CORPORATION BAYTOS .l PLANTS AP:D FACILITIES SITE NOT NOW IN CITY LIMITS OF CITY OF BAYTOMN : BEGINNING at the most westerly southwest corner of the Harvey Whiting Survey, being also the northwest corner of the Wm. Scott Upper League; THENCE, northerly along the west line-of the Harvey Whiting Survey to the south right -of --way line of Balker Road; - THENCE, easterly along the south right --of -way line of Baker Road to a point of intersection with the easterly right -of --way line of the Ml i.ssour. Pacific Railroad; THENCE, southwesterly along the easterly right-of-way line of the Missouri Pacific Railroad, being also the westerly property line of the Texas Eastern Trans ^fission Corporation property, to a point of intersection with the northeast ?fine of the East Canal of the San Jacinto River Project; THENCE, in a southeasterly, south and southwesterly direction along the westerly property line of the Texas Eastern TransmissioA Corporation property and the east lane of the East Canal of the San Jacinto River Project to the south line of the Harvey Whiting Survey, same being the north line of the Ift. Scott Upper League; THENCE, in a westerly direction along the south line of the Harvey k'hiting Survey to the POINT OF BEGMING. TRACT' N0. 3 - EXXON CO''.POP.ATION BAYTM -4 PLANTS AND FACILITIES NOT NOW IN CITY LIB ;ITS OF CITY OF BAYTO1,N; : . BEGINNING at a 3/4= -inch iron rod in the south right -of -way line of Park Street, formerly known as First Street, at the northwest corner of Busch Terrace Sub- division according to the plat thereof recorded in Volume 9, Page 10, Map Records, Harris County, Texas: _ THENCE, south 31 °55' west (called south 34° west) with the west li a of said -Busch Terrace Subdivision 125 feet to the southwest corner of Lot 1, Block 1 of saki •Busch •Terrace Subdivision; THENCE, south 58 °05' east (called south 56° east), parallel with and 125 feet south of the south line of 'ark Street, 1,118 feet to the northeast corner of Lot A, Block 5 of Busch Turrace Subdivision; THENCE, parallel to and 300 feet west of the west line of Airhart Drive (formerly known as Baytown Avenue) south 31 "55' west (called south 340 west) 1,855 feet to a point in the south lixee of Dorris Street (fornprly knoem as Goose Creek Avenue) for the northeast corner of Lot 4, Block 38 of said Busch Terrace Subdivision; e THENCE, south 32 °08' west ( called south 33 °47' west), along a line bisecting Blocks 38, 43, and a portion of 48 of aforesaid subdivision, 1,339.1 feet to a point on the boundary betraeon and 19 feet south of the most northerly common corner of Lots 1 and 20, Block 48 of said subdivision, said point also being on the project centerline of a private road identified as Fannin Street of Exxon Company, U.S.A., Baytown Refinery; THENCE, north 58 005' west (called north 56° west), at 1,112.83 feet pass the west line of the Busch Terrace Subdivision, in all 2,182.43 to the point of intersection of the centerlines of Fannin Street and Baytown. Avenue in Exxon Company, U.S.A., Baytown Refinery; -3- 10528 -10 Ti[E. ;CE, north 58 005' west (called north 57042' west) 410:: the of Fannin Street a distance of 1,075.40 feet to ttie point of intersect_'ua of the centerlines of Fannin Street and San Jacinto Avenue in E:�.Yon Company, U.S.A., Baytown Refinery; THENCE, with the centerline of San Jacinto Avenue norvn 31'55' (cal',;d ''... 32' 18' E.) east 1,756.8 feet to a point in the south line of Par's Street; THENCE, with tha south line of Park Street north 85 °51' east 165.84 feet; THENCE, south 4 °40' east 211.34 feet; THENCE, south 58 °00' east 26.87 feet; THENCE, north 85 °40' east 303.22 feet; THENCE, north 31 °55' east 37.97 feet; THENCE, north 85 °51' east 73.51 feet; . THENCE, south 58 005' east 40 feet; THENCE, north 31055' east 272.0 feet to a point in the south line of Park Street; THENCE, with the south line of Park Street north 85 °51' east 1,872.59 feet to the POINT OF BEGINNING. TRACT NO. 4 -- ExxoN CORPORATION BA'YTO,,.N, PLANTS AND FACILITIES SITES NOT NOW IN CITY LIMITS OF CITY OF BAYTOWN: CO214ENCING at a 4 --inch iron pipe at the northerly corner of Block I of the Airhart Addition to the City of Baytow.-n; THENCE, south 31 °55' 291.5 feet to a point in the north boundary of the i•lissouri Pacific Railroad right -of -way; THENCE, north 58'15' west 110.0 feet to the point of curve of a curve to the left having a radius of 856.14 feet; THENCE along said curve a curvilinear distance of 572.6 feet to the POINT OF BEGINNING of Tract 2 described herein; THENCE, continuing along said V curve to the left 1.83 feet to the paint of tangency of-said curve; THENCE, south 83 0'25' west 132 feet to the point of curve of a curve to the right having a radius of 599.12 feet; THENCE, along said curve to the right a curvilinear distance of 218.36 feet to the point of tangency of said curve; THENCE, north 75 035' west 124.0 feet to the point of curtiL: of a curve to the right having a radius of 599.12 feet; THENCE, along said curve to the right, 182.99 feet to th point of tangency of said curve, THENCE, along the north right -of -way line of Missouri. Pac:if:!c Railroad right - of --way north 58 °05' west (called north 57 °42' west) 4,197.2'.3 feet to a point in the centerline of West Avenue of Exxon Company, U.S.A., Baytown Refinery. THENCE, north 31 °55' east with the centerline of said West Avenue 715 feet to a point; THENCE, south 58 005' east (called south 57 °42' east) parallel to and 715 feet north of the north boundary of Missouri Pacific Railroad right -o£ --way a dis- tance of 5,095.12 feet to a point; THENCE, south 85 °56' west 129.2 feet; THENCE, south 83 °33' west 129.3 feet; -4- 10528 -1p THENCE, south 73 °20' West 129.3 fact; THENCE, south 65 °31' crest 129.3 feet; THENCE, south 3 °10' west 43.03 feet to the POINT OF BEGINNING. TRACT N'O. 5 - EXXON CORPORATION BAYTOIL4 FLA:: TS A .`.D FACILITIES SITE NOT NOW IN CITY LIMITS OF CITY OF BAYTOS', ;: BEGINNING at the point of intersection of the north right-of-way line of Missouri Pacific Railroad right --of -way easement and the centerline or the Faxon Company, U.S.A., Baytown Refinery street known as 4,f'est Avenue: THENCE, north 31 °55' east with the centerline of said West Avenue 715 feet to a. point; THENCE, north 58 005' west (called north 57 °43.T west) 1,600.35 feet to a point on the east right --of -way line of the Missouri Pacific Railroad right -of -way easement; THENCE, with said railroad right - -of --way easement south 11 °21' west (called south 11 °43' west) 348.11 feet to a point; THENCE, south 5 °40' east 300 feet; THENCE, south 11 °49' east 100 feet; THENCE,. south 17 °581 east 100 feet; THENCE, south 24007' eatt 100 feet; THENCE, south 30 °161 east 100 feet; THENCE, south 35 °58' east 85.69 feet; THENCE, north 10 °23T east a distance of 20.00 feet to a point north 37.5 feet perpendicular from the Bain lane track of Missouri Pacific Railroad; THENCE, to the left along a curve to the .left having a radius of 917.43 feet a curvilinear distance of 323.30 feet to the point of tangency of said curve; THENCE, south 58 °05' east 709.77 feet to the POINT OF BEGINNING. TRACT N0. 6 - EXXON CORPORATION BAYTOT-N PLANTS AND FACILITIES SITE NOT NOW'IN CITY L111•iITS OF CITY OF BAYTOWN: BEGINNING at*the southeast corner of that certain 58.30 acre tract conveyed to Humble Oil & Refining Company by the United States of America, by deed dated April 19, 1944, and recorded in Volume 2941, Page 218 of the deed records of Harris County, Texas; THENCE, along the south line of said tract north 87 °44' west 1,749.92 feet to a point in the north right -of -way line of Bayway Drive; THENCE, with said right -of -way line of Bayway Drive south 30 °23' east 492.3 feet to the point of curvature of a curve to the right having a radius of 1,396.28 feet; - HENCE, along said curve to the right, a distance of 384.52 feet to the point cf tangency of said curve; THENCE, south 11 058' east 666.2 feet "to the point of curvature of a curve to the left having a radius of 5,680.0 feet; THENCE, along said curve to the Left A.distance of 18S.36 feet to the point of tangency of said curve; THENCE, with said right - -of --way line of Bayway Drive south 13 052' east 873.65 feet to the point of curvature of a curve to the left having a radius of 1,096.28 feet; -5- f 10528 -1q s - THENCE, t:ith said curvy: to th• left a dista:tcc of 514.77 feet to t: polnC of tangency of said curve; THZY.CES south 44 °33' east 646.63 feet to point the curvature oL a curve to the left having a radius of 1,096.28 feet; THE -MCE, along said curve to the left a distance of 7:0;73 feet to tip point of tangency of said curve; THENCE, south 83 °16' east 949.85 feet to the point of curvature of a curve to the right having a radius of 1,196.28 feet; THENCE, along said curve a distance of 566.17 feet to the point of tangency of said curve; THENCE, south 56 °9' east 475.5 feet to a point in the north righ t--of -way line of foresail Dayway Drive; ' THENCE, north 31 °55' east 1,268.1 feet to a point in the south right -of =way line of the Missouri Pacific Railroad right- of�way easement; THENCE, with said south right -of -tray line north 58 °05' west 3,024.2 feet to the point of curvature of curve to the right having a radius of 977.43 feet; THENCE, along said curve 293,78 feet to a point; THENCE, south 10 °23' west 19.14 feet to a poinir 64 the south iight -of =way �zne of the.�Ussouri Pacific Railroad right- of�way; THENCE, worth 39 °6' west 100 feet; THENCE, north 34 02' west 100 feet; THENCE, north 27 °51' west 100 feet; THENCE, north 22 °15' west 100 feet; THENCE, north 16 023' west 100 feet; THENCE, north 10 630.' west 100 feet; TRICE, north 4'421-west 100 feet; THENCE, north 0 °58' east 100 feet; THENCE, north 6 °35' east' 255 feet; THENCE, north 10 °32' east 48 feet to a point In fh& west right = of =gray line of the Missouri. Pacific Railroad, said point being farther described as being 715 feet north of the projection of the 'Missouri Pacific Railroad north sight- of way line that bears north 58 °05' west {called north X7041' we§ Q ; THENCE, north 11 °21' east (called north 11 042' east)' 486.1 feed: to a point in the west right -of --way Line of Mi-zsouri Pacific Railroad; THENCE, south 87 °44' east 100 feet to the POINT OF EEGITNING. -6- .