Ordinance No. 5,353890914 -10
ORDINANCE NO. 5353
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL
DISTRICT AGREEMENT WITH STAUFFER CHEMICAL COMPANY; 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
Texas, hereby authorizes and directs the
the City of Baytown to execute and
District Agreement with Stauffer Chem
said agreement is attached hereto, marked
part hereof for all intents and purposes.
Section 2:
from and after
Baytown.
INTRODUCED,
City Council of
September, 1989.
of the City of Baytown,
Mayor and City Clerk of
attest to an Industrial
ical Company. A copy of
Exhibit "A," and made a
This ordinance shall take effect immediately
its passage by the City Council of the City of
READ and PASSED by the affirmative vote of the
the City of Baytown, this the 14th day of
EMMETT 0. HUTTO, ayor
ATTEST:
EILEEN P. HALL, City Clerk
FJV/,/�
44' _
kANDALL B. T
• r •
C:1:28:7
INDUSTRIAL DISTRICT AGREEMENT BETWEEN
STAUFFER CHEMICAL COMPANY
AND
CITY OF BAYTOWN, TEXAS
This Agreement is made and entered into between the CITY OF
BAYTOWN, Texas, a municipal corporation in Harris County and
Chambers County, Texas, hereinafter also referred to as "Baytown"
or "City," and STAUFFER CHEMICAL COMPANY, a Delaware corporation
with a permit to engage in business in the State of Texas,
hereinafter referred to as "Company."
W I T N E S S E T H:
WHEREAS, Baytown has a history of cooperating with
industries 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 Civil Statutes
of Texas, (now TEX.L.GOV'T.CODE ANN. S 42.044) which provides for
the creation of Industrial 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 September 14, 1967, designating a
part of its extraterritorial jurisdiction as an Industrial
District known as Baytown Industrial District No. 1; and
EXHe,q!T A
WHEREAS, the City Council desires that all of Stauffer
Chemical Company's Baytown Plant and facilities except for that
which is located in the area annexed as described in Appendix A,
be included in the Baytown Industrial District No. 1; and further
desires to enter into this contractual agreement with Stauffer
Chemical Company for this purpose; and
WHEREAS, Stauffer Chemical Company's Baytown Plant includes
both real and personal property used in its refining and chemical
manufacturing and research facilities, and includes any office
facilities used in direct support of these operations and either
situated contiguous thereto or separated by public roads; NOW
THEREFORE,
In consideration of the promises and of the mutual
convenants and agreements herein contained, it is agreed by and
between the Company 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 the Company within the area designated as Baytown
Industrial District No. I by Ordinance No. 886 and amendments
thereto 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, except for such parts of Company's property as
may be necessary to annex in order to annex property owned by
third parties within the Industrial District that the City may
decide to annex. The City further agrees, promises and
MWM
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 zoning, building, electrical, plumbing or inspection code or
codes; and (c) attempting to exercise in any manner whatsoever
control over the conduct of the Company's business thereof. 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 the Company within the Industrial District.
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 the Company'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. The City will provide fire fighting support and backup
protection, but shall not be obligated to purchase any additional
equipment or build any additional facilities in order to provide
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such support and backup protection to the Company, it being the
intent of the parties that the level of protection be that which
is being provided by the City as of the date of this contract.
3. The Company and the City of Baytown recognize that in
the past the Company has paid to the City a share of the needed
revenue for operating 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 1989, the Company agrees to pay the City of Baytown
an Industrial District payment on or before December 31st of each
year during the term of this Agreement, such payment to be
calculated on the basis of the below stated formula:
A. In applying the below stated formula, the following
definitions shall apply;
1) Full Value Payment: The fair market value as
determined by the City, of all of the Company's
Baytown Plant within the corporate limits or
extraterritorial jurisdiction of the City, X .40 X
the property tax rate per $100.00 of assessed
valuation adopted by the City Council for the City
of Baytown for financing the fiscal year in which
such December due date falls.
2) Tax Payment: The amount paid by the Company to the
City of Baytown as ad valorem taxes on that portion
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of the Company's Baytown Plant within the City
limits. The tax payment shall be based on the value
determined by the Harris County Appraisal District
or such other appraisal district as may succeed the
Harris County Appraisal District in assessing
property for the City.
3) Industrial District Payment: Amount paid by the
Company in lieu of taxes pursuant to this Agreement,
which amount shall not include the tax payment paid
by the Company.
B. The Company's Industrial District Payment shall be
calculated each year in the following manner using the
above definitions:
Full Value Payment
- Tax Payment
Industrial District Payment
C. 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 is not required to appraise the land,
improvements, and tangible personal property in the
unannexed area for the purpose of computing the
Industrial payments hereunder. Therefore, the parties
agree that to determine the fair market value of all of
M=
D.
E.
the Company'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
Company's Baytown Plant, the City may choose to use an
appraisal of the Harris County Appraisal District, or 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.
Nothing contained herein shall ever be construed as in
derogation of the authority of the Harris County
Appraisal District to establish the appraised value of
land, improvements, and tangible personal property in
the annexed portion for ad valorem tax purposes.
It is agreed by the parties that the City has the power
to and shall create an Industrial District Review Board
which shall carry out the duties designated to it in
this Agreement.
If any disagreement arises between the Company and
Harris County Appraisal District that results in a delay
in the determination of Company's fair market value, the
Company shall pay to the City of Baytown 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 fair market value of the Company.
6
Adjustments to this amount shall be made within thirty
(30) days of the resolution of the disagreement.
4. Determination of City and Industrial District fair
market values, in the above stated manner, shall be made by the
City of Baytown and approved by the Industrial District Review
Board. Such final fair market value as approved by the
Industrial District Review Board shall be subject to exception by
the Company and should the Company take exception to the fair
market value of such property as determined by the Board and
should the Board and the Company 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. The costs of
such arbitrator shall be shared equally by the City of Baytown
and the Company, 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 arbitrator
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 decide 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
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value of such property is as contended by the Industrial District
Review Board, by the Company, or some intermediate value. The
cost of such arbitration shall be shared equally by the City of
Baytown and the Company, 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 Declaratory 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 engineering
valuation practices relative to service life, life expectancy,
process and functional obsolescence.
5. If any disagreement arises between the parties
concerning the interpretation of this Agreement or the decisions
of the arbitrator or arbitration panel provided for hereunder, 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 in which the Plaintiff must establish
by a preponderance of the evidence the correct interpretation of
valuation. Pending final determination of said controversy, the
Company shall pay to the City of Baytown 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
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by the Company to the City. The Company 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 payments to the City of Baytown provided 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 the Company'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
the Company within the area designated as Baytown Industrial
District No. 1, or if the creation of any new municipality
should be attempted so as to include within its limits such land
or property, the City of Baytown shall, with the cooperation of
the Company, seek injunctive 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 attorneys' fees (other than the City
Attorney) retained by mutual agreement of the parties, shall be
paid by the Company. Should the City refuse or fail to comply
with its obligations under this paragraph, the Company shall have
MM
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, the Company 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, the Company 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 the Company may continue this
Agreement in full force and effect; provided, however, that the
Company's right to terminate 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 the Company to the City of Baytown after the
effective date of such annexation or incorporation and if the
Company 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 the Company.
8. The City of Baytown and the Company 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 Baytown Industrial District No. 1, and
that development within the District may have an impact on the
drainage of surrounding areas. To this end, the Company and the
City agree that the same standards and criteria relative to
noise, vibration and toxic levels and drainage and flood control
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which are adopted by the City and made applicable to portions of
the City adjacent to the Company's Baytown Plant shall also be
applicable to the plant within the Industrial District. The
Company further agrees to abide by the rules and regulations and
the permits issued to it by the Environmental Protection Agency,
the Texas Water Commission, the Texas Air Control Board, and any
other governmental 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 Commission, 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 adopted 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 the parties hereto.
This Agreement shall further terminate and replace that
certain Industrial District Agreement entered into between the
Company and the City of Baytown, dated October 29, 1982.
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10. The benefits accruing to the Company under this
Agreement shall also extend to the Company's "affiliates" and to
any properties owned or acquired by said affiliates within the
area encompassed by Industrial District No. 1, and where
reference is made herein to land, property and improvements owned
by the Company, that shall also include land, property and
improvements owned by its affiliates. The "affiliates" as used
herein shall mean all companies with respect to which the Company
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 %) 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, the Company 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 the Company, 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 to give the City any right to terminate this Agreement
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on the basis of the Company's violation of any standard or
criteria relative to air emissions, water effluents, noise,
vibration, or toxic levelsr or drainage and flood control
established by any law, ordinance, rule, regulation or permit.
12. In the event the terms and conditions of this Contract
are rendered ineffective or their effect changed by the
Constitution, any Legislative changes, or any interpretation of
the Texas Property Tax Code by the State Tax Assessment Board,
both parties mutually agree that said Contract shall be
renegotiated to accomplish the intent of this Agreement.
EXECUTED IN DUPLICATE ORIGINALS this the day of
, 19
ATTEST:
SECRETARY
ATTEST:
EILEEN P. HALL, City Clerk
S:5:18:14
STAUFFER CHEMICAL COMPANY
M. Fr. F NTENOT, Plant Manager
CITY OF BAYTOWN
EMMETT O. HUTTO, Mayor
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J
APPENDIX A
Tract No. 1•
BEGINNING at the point of intersection of the West right of way line of Farber
Street with the North line of the Houston Lighting At Power Company tract ki
the City of Baytown, h►rn. Scott Upper League, Harris County, Texas, said
POINT OF BEGINNING being further described as situated South 32 dcsrces 19
minutes West a distance of 49. S feet from the point of intersection of the afore-
said street West right of way line and the North right of way line of Dayton
Street, and said point of intersection of said streets described as lying North 20
degrees 28 minutes West a distance of 74.6 feet from the Northr,est corner of
Block 1 in Airhart Addition, Wm. Scott Upper League, Harris Cow% y, Texas,
and said point of intersection of the aforesaid street property lines being known `
as point No. 35 in the City limits of Baytown, formerly Palley, as adopted by
the City Council by ordinance dated April 17, 1947, said point of intersection
being further identified by Humble Refinery Coordinate System as being North
5974.95. and West 1026.11 and lying on the Southern boundary line Of the Humble
Oil is Retining Company Baytown Refinery Plant site-.'
THENCE, North 12 degrees 18 minutes East into the private property of the
aforesaid Humble Baytown Plant site with a line parallel to and 1.04 feet East-
erly from the centerline of a private road identified as East Avenue and its
Southern projection for a distance of 1795.04 feet to the centerline of a private
road identified as Humble Street;
THENCE. North 57 degrees 42 minutes West with the aforesaid centerline of
Humble Street. 1043.49 feet to the centerline of a private road identified as
Baytown Avenue;
THENCE, North 32 degrees 18 minutes East with the aforesaid centerline of
Baytown Avenue, 1636. 17 feet to the centerline of a private road identified as
Fannin Street within the Baytown Refinery property;
THENCE. North 57 degrees 42 minutes West with the aforesaid eenterling of
Fannin Street, 1075.40 feet to the centerline of a private roadway identified as
San Jacinto Avenue;,
TI -MNCE, North 32 degrees 18 minutes East approximately 1756.8 feet to the
Intersection of the centerline of the aforesaid 5aa Jacinto Avenue and the South .
right of way line of the Wooster -Cedar Bayou Road;
THENCE, South 86 degrees 13 minutes West a distance of 61.87 feet along the
South right of way line of the Wooster -Cedar Bayou Road to a point, said
point being the intersection of the East property line of the Consolidated Chcrzi-
cal property and the South right of way line of the Wooster -Cedar Bayou Road;
THENCE, South 32 degrees 18 minutes West along the East property line of the
Consolidated Chemical property, fifty feet from and paiallal to tee centerline
•of'Saa Jacinto Avenue, a diataace of 703.52 feet to a point far co Zen;
THENCE. North 57 degrees 42 minutes West along the Sout`weste .y property
line of the Consolidated Chemical property a distance of 101.89 fee: :o a point
for corner;
THENCE. North 32 degrees I8 minutes East a distance of 629.26 fee; .o a
point on the South right of way I1M* of the 1'70e3ta7-Cedar Bayou ia7. r:, zz_- cc: -
tiruinp ors t: a same course a distzr.ca oz 12, 37 ace: to a :o: ►.7: :::; i:.'i
point bein; ten feet perpendicularly from the South right of way line of sae
Wooster -Cedar Bayou Road;
THENCE, Nort:a 86 deuces 13 minutes East, ten feet from and Tara :1cl to ::.e
South right of way line of Lac Wooster -Cocar Bayou Wend a disia nce a I' M ,5
feet to s. poLnt for corner on the centerline Of San Jacito Avenue :.s projected
across the Wooster -Cedar Bayou Rord;
THEN eontinui.•ig Ncrthcrly wit:. the centcaine o. t:.c a.aresai'. San said P i
Avenue and its deviations a�pzox :mately 1392.8 feet to an aaele point, said pc �t
being identified by the Humble Refinery Coordinate System ae North 1Z, 56$� 00
and West 3. 100.00;
THZNCE..North 57 degrees 42 minutes West. 605.83 feat to an angle point;
THE North 32 dcrrees IS rniaatea East. 300.00 feet to an angle point;
THENCE. North 57 degrees 42 minutes West 849.25 feet to an angle point;
THENCE, North 32 degrees 18 rninutes East 1234.27 feet to a point in the South-
westerly right of way line of Decker Drive, said point being idertified by the
Humble Refinery Coordinate System as North 140 IO2. V and West 4, 555. OS;
THENCE. Northwesterly with the Southwesterly right of way line of Decker Drive
to the. point of intersection of the Southwesterly right of way lice of Decker 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 degrees 40 minutes East 100 feet and North 89 degrees 28 min
feet from the point of intersection of the North line of the Wm.
rates East 100
Scott Upper League and the East line of the Sttiamaa Tract;
•THENCE, South 00 degrees 40 minutes East parallel to the East line of the Stein-
man Tract but perpendicular. 100 feet distance therefrom to a point opposite an
angle point in the Steinman Tract Etst lime and continuing Soutb 21 degrees 10
minutes West parallel to but Easterly 100 feet perpendicular to the East Iiae of
the Steinman Tract to the Northwest corner of Defense Plant Corporation 47.81
acre tract now owned by the United Carbon Company; .
THENCE, South 87 degrees 44 minutes East a distance of 674.0 feet;
THENCE. South O2 degrees lb minutes West a distance of 461.0 feet;
THENCE. North 87 degrees, 44 alizvtea West a distance of 701.50 feet;
THENCE. South 02 degrees 16 minutes West a distance of 739.0 feet;
THENCE, North 87 degrees 44 minutes West a distance of 579.54 feet to the
Southwest corner of aforesaid 47.61 acre tract, said corner being situated 100
feet Easterly frorn the East line of Sweeney Subdivision;
THENCE, Southwesterly over and across a 100 foot strip ovmed by the humble
Oil k Refining Company to the Northwest corner of Defense Plant Corporation
81.34 acre tract;
THENCE, South 20 deuces 56 minutes West %%-ith the West line as, gild Defense
Plant Corporation 61.34 acre tract 1741.61 feet to the Southwest corner of said
81.34 acre tract, being situated in the Forth right of way line o: Cedar Bayou-
situated line of the Sweeney Sub-
Wooster Road and perpendicular 40 feet from the
division;
THENCE. Southerly over and across Cedar Bayou- Wooster Road to -.::e North-
west corner of Delouse Piz.-It Corporation 58.299 acre tract;
THENCE. South o20 degree: 52 minutes West with the West lime of slid Defense
Plant Ca :poratioa 38.29r� acre track at 491.91 feet t:.e r. ost We$ e: °� sortie: c:,
t'he Daie nse Plan% Cor Yo: a.:.On 2==ct and on said line ::+ he : o�•t c:
intersection of said West line of Defense Plant Corporation 58.299 acre
projected South s,0 degrees 52 rninutes West annd the Northeasterly ri:'.t of way
lime of W..arkct Street Road;
TY.EICE. Southerly Witt. the Nor:ncasterly right of way line of �a : : <a= S'r cc:
Road to the point of intersection o: the tie.- thcasterly right a: wry' -' -a of 1/.ar :cct
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i
�• r
Street Road and the South line of the Defense Plant Corporation 5g. 299 acre
tract projected North 87 degrees 44 minutes West;
THENCE, South 87 degrees 44 minutes East past the Southwesterly corner of
the Defense Plant Corporation 58.299 acre tract, continuing South 87 dcvorees
44 minutes East 1733.75 feet to the West right of way line of.the Houston North
Shore Railroad;
THENCE, South 11 degrees 43 minutes West with the West right of way line of
said Houston North Shore Railroad to a point, said point further described as
lying North 32 degrees 19 minutes East 715 feet from the North line of the
Houston North Shore Railroad 8.8 acre easement projected North 57 degrees ,
41 minutes West;
THENCE, over and' across Houston North Shore right of way line of which center
line is situated South 32 degrees 19 minutes East 854.64 feet, North 57 degrees
41 minutes West 6885.5 feet, North 32 degrees 19 minutes East 619.62 feet,
North 11 degrees 43 minutes East 133.9 feet from the Northeast corner of the
Houston Lighting & Power Company tract, to the West line of the Humble Oil &-
Refini.pg Company property continuing on a line situated North 32 degrees 19
minutes East 715 feet Yrom the North line of the Houston North Shore Railroad
S.8 acre easement to the point of intersection with the North -line of said Houston
Lighting* Power Company tract;
THENCE, Easterly with the North line of said Houston Lighting & Power Comp-
any tract to the POINT OF BEGIINNLNG.
Tract No. 2•
BEGINNd G at the most Westerly Southwest corner of the Harvey Whiting Sur-
vey, being also the Northwest corner of the Wm. Scot_ Upper League;
THENCE, Northerly along the West line of the Harvey Whiting Survey to the
• South right of way line of Baker Road;
THENCE, Easterly along the South right of any line of Baker Road to a point
of intersection with the Easterly right of way line of the Missouri 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
Transmission Corporation property, to a point of intersection wit% the North-
east line of the East Canal of the San Jacinto River Project;
THENCE, in a Southeasterly, South and Sou• %westerly direction e.ong the West-
erly property line of the Texas Eastern Transmission Corporation property and
the East line of the East Canal of the San Jacinto River ,Project to the Soutb line
of the Harvey Waiting Survey, same being the forth line of the Wz Scott
Upper League;
THENCE, in a Westerly direction along the South line'o: f,ycy Whiting
Survey to ;he POINT OF BEGINNING. ,
Property referred to as "Consolidated C erzical ?.-c, ert. " is now
"Stauffer Cheriical Proport::
.I-
THE ANNEXED PORTION OF STAUFFER CHEMICAL COMPANY IS LOCATED WITHIN
THE TRACT DESCRIBED AS FOLLOWS:
BEGINNING at a point on the existing City limit line
of the City of Baytown, said point being morefully des-
cribed as being the intersection of the center line
of San Jacinto Avenue in the Humble Oil & Refining Com-
pany property and the South right -of -way line of the
Wooster -Cedar Bayou Road;
THENCE, South 860 13 minutes West
feet along the South right -of -way
Cedar Bayou Road to a point, said
section of the East property line
Chemical property and the South r
the Wooster -Cedar Bayou Road;
a distance of 61.87
line of the Wooster -
point being the inter -
of the Consolidated
fight -of -way line of
THENCE, South 320 18 minutes West along the East property
line of the Consolidated Chemical property, fifty feet
from and parallel to the center line of San Jacinto Avenue,
a distance of 703.52 feet to a point for corner;
THENCE, North 570 42 minutes West along the Southwesterly
property line of the Consolidated Chemical property a dis-
tance of 101.89 feet to a point for corner;
THENCE, North 320 18 minutes East a distance of 629.26
feet to a point on the South right -of -way line of the
Wooster -Cedar Bayou Road, and continuing-on the same course
a distance of 12.37 feet to a point for corner, said point
being ten feet perpendicularly from the South right -of -way
line of the Wooster -Cedar Bauou Road;
THENCE, North 860 13 minutes East, ten feet from and parallel
to the South right -of -way line of the Wooster -Cedar Bayou
Road a distance of 187.95 feet to a point for corner on
the existing City limit line of the City of Baytown;
THENCE, South 32° 18 minutes West along the existing City
limit line of the City of Baytown a distance of 12.37
feet to the POINT OF BEGINNING.
Being a tract of land containing 1.99 acres, of which 1.5588
acres is the property of Consolidated Chemical Division of
Stauffer Chemical Company.