Ordinance No. 1,0920
RESOLUTION NO. 1092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REVIEWING THE CURRENT GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENT IN A REINVESTMENT ZONE CREATED IN
HARRIS COUNTY OR CHAMBERS COUNTY; RENEWING SUCH
GUIDELINES AND CRITERIA; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the creation and retention of job opportunities
that bring new wealth is the highest civil priority of the City
of Baytown; and
WHEREAS, new jobs and investment will benefit the area
economy, provide needed opportunities, strengthen the real estate
market and generate tax revenue to support local services; and
WHEREAS, the communities within Harris and Chambers Counties
must compete with other localities across the nation currently
offering tax inducements to attract new plans and modernization
projects; and
WHEREAS, any tax incentives offered in the City of Baytown
and Harris and Chambers Counties reduce needed tax revenue unless
strictly limited in application to those new and existing
industries that bring new wealth to the community; and
WHEREAS, any tax incentives should not adversely affect the
competitive position of existing companies operating in the City
of Baytown and Harris and Chambers Counties; and
WHEREAS, the abatement of property taxes, when offered to
attract primary jobs in industries which bring in money from
outside a community instead of merely recirculating dollars
within a community, has been shown to be an effective method of
enhancing and diversifying an area's economy; and
WHEREAS, effective September 1, 1987, Texas law requires any
eligible taxing jurisdiction to establish Guidelines and Criteria
as to eligibility for tax abatement agreements prior to granting
of any future tax abatement, said Guidelines and Criteria to be
unchanged for a two year period unless amended by a three -
quarters vote; and
WHEREAS, City Council has determined that the Guidelines and
Criteria as to eligibility for tax abatement agreements should be
amended to conform with the criteria adopted by overlapping
taxing jurisdictions; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
EXHIBIT B of
Section 1: That the City of Baytown hereby amends the
Guideline and Criteria for granting tax abatement in a
reinvestment zone to read as shown in the attached Exhibit "A."
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 26th day of July,
1990.
EMMETT O. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
DALL B. STRONG, City torney
C :1:2:23
PAGE 2 of EXHIBIT B of EXHIBIT A
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DEFINITIONS Section 1.
(a) "Abatement" means the full or partial exemption from ad valorem taxes
of certain real property in a reinvestment zone designated for economic
development purposes.
(b) "Eligible Jurisdiction" means any county, municipality, school district
or college district, that levies ad valorem taxes upon and provides
services to property located within the proposed or existing reinvestment
zone.
(c) "Agreement" means a contractual agreement between a property owner and /or
lessee and an eligible jurisdiction for the purposes of tax abatement.
(d) "Base Year Value" means the assessed value of eligible property January
1 preceding the execution of the agreement plus the agreed upon value
of eligible property improvements made after January 1 but before the
execution of the agreement.
(e) "Economic Life" means the number of years a property improvement is
expected to be in service in a facility.
(f) "Deferred Maintenance" means improvements necessary for continued operations
which do not improve productivity or alter the process technology.
(g) "Expansion" means the addition of buildings, structures, fixed machinery
or equipment for purposes of increasing production capacity.
(h) "Facility" means property improvements completed or in the process of
construction which together comprise an integral whole.
(i) "Manufacturing Facility" means buildings and structures, including fixed
machinery and equipment, the primary purpose of which is or will be
the manufacture of tangible goods or materials or the processing of
such goods or materials by physical or chemical change.
(j) "Modernization" means the replacement and upgrading of existing facilities
which increases the productive input or output, updates the technology
or substantially lowers the unit cost of the operation. Modernization
may result from the construction, alteration or installation of buildings,
structures, fixed machinery or equipment. It shall not be for the purpose
of reconditioning, refurbishing or repairing.
of
of IXH113ET A
• (k) "yew Facility" means a property previously undeveloped which is placed
into service by means other than or in conjunction with expansion or
modernization.
{1) "Other Basic Industry" means buildings and structures including fixed
machinery and equipment not elsewhere described, used or to be used
for the production of products or services which primarily serve a market
outside the Houston Consolidated Metropolitan Statistical Area (CMSA)
and result in the creation of new permanent jobs and bring new wealth
in.
(m) "Regional Distribution Center Facility" means buildings and structures,
including fixed machinery and equipment, used or to be used primarily
to receive, store, service or distribute goods or materials owned by
the facility operator where a majority of the goods or services are
distributed to other points.
(n) "Regional Entertainment Facility" means buildings and structures, including
fixed machinery and equipment, used or to be used to provide entertainment
tnrough the admission of the general public.
(o) "Regional Service Facility" means buildings and structures, including
fixed machinery and equipment, used or to be used to service goods where
a majority of the goods being serviced originate at least 100 miles
away.
(p) "Research Facility" means building and structures, including fixed machinery
and equipment, used or to be used primarily for research or experimentation
to improve or develop new tangible goods or materials or to improve
or develop the production processes thereto.
ABATEMENT AUTHORIZED Section 2.
(a) Authorized Facility. A facility may be eligible for abatement if it
is a: Manufacturing Facility, Research Facility, Regional Distribution
Center Facility, Regional Service Facility, Regional Entertainment Facility
or Other Basic Industry.
(b) Creation of New Value. Abatement may only be granted for the additional
value of eligible property improvements made subsequent to and listed
in an abatement agreement between the City of Bavtown and the
property owner and lessee (if required), subject to such limitations
• as City Council- may require.
PG. 2 of EXH. A of EXH. B of EXH. A
• (c) New and Existing Facilities. Abatement may be granted for new facilities
and improvements to existing facilities for purposes of modernization
or expansion.
(d) Eligible Property. Abatement may be extended to the value of buildings,
structures, fixed machinery and equipment, site improvements plus that
office space and related fixed improvements necessary to the operation
and administration of the facility.
(e) Ineligible Property. The following types of property shall be fully
taxable and ineligible for abatement: land; inventories; supplies; tools;
furnishings, and other forms of movable personal property; vehicles;
vessels; aircraft; housing; hotel accommodations; deferred maintenance
investments; property to be rented or leased except as provided in Section
2 (f); improvements for the generation or transmission of electrical
energy not wholly consumed by a new facility or expansion; any improvements,
including those to produce, store or distribute natural gas, fluids
or gases, which are not integral to the operation of the facility; property
which has an economic life of less than 15 years; property owned or
used by the State of Texas or its political subdivisions or by any organization
owned, operated or directed by a political subdivision of the State
of Texas.
(f) Owned /Leased Facilities. If a leased facility is granted abatement
the agreement shall be executed with -the lessor and the lessee.
(g) Value and Term of Abatement. Abatement shall be granted effective with
the January 1 valuation date immediately following the date of execution
of the agreement. One hundred percent of the value of new eligible
properties shall be abated for up to two years during the period of
construction, followed by one hundred percent abatement for the first
year after construction, seventy -five percent percent abatement for
the second year after construction and fifty percent abatement for the
third year after construction. If the period of construction exceeds
two years the facility shall be considered completed for purposes of
abatement and in no case shall the period of abatement inclusive of
construction and completion exceed five years.
If a modernization project includes facility replacement, the abated
value shall be the value of the new unit(s) less the value of the old
unit(s).
(h) Economic Qualification. In order to be eligible for designation as
a reinvestment zone and receive tax abatement the planned improvement:
(1) must be reasonably expected to increase the appraised value of
the property in the amount of $1 million after the period of abatement
has expired;
PG. 3 of EXH. A of EXH. B of EXH. A
(2) must be expected to prevent the loss of employment, retain or create
employment for at least 15 people on a permanent basis;
(3) must not be expected to solely or primarily have the effect of
transferring employment from one part of a county to another; and,
(4) must be necessary because capacity cannot be provided efficiently
utilizing existing improved property when reasonable allowance
is made for necessary improvements.
(i) Taxability. From the execution of the at6tement to the end of the agreement
period taxes shall be payable as follows:
(1) The value of ineligible property as provided in Section 2. (e)
shall be fully taxable;
(2) the base year value of existing eligible property as determined
each year shall be fully taxable; and,
(3) the additional value of new eligible property shall be taxable
in the manner described in Section 2. (g).
APPLICATION Section 3.
(a) Any present or potential owner of taxable property in City of Bavtown
may request the creation of a reinvestment zone or tax abatement by
filing a written request with the City of Baytown
0,
The application shall consist of a cempleted application form accompanied
by: a general description of the new improvements to be undertaken;
a descriptive list of the improvements for which an abatement is requested;
a list of the kind, number and location of all proposed improvements
of the property; a map and property description; a time schedule for
undertaking and completing the proposed improvements. in the case of
modernization a statement of real and personal property, shall be given
for the tax year immediately proceeding the application. The application
form may require such financial and other information as the Citv Council
deems appropriate for evaluating the financial capacity and other
factors of the applicant.
(c) Upon receipt of a completed application, the Mayor or tine City of
Baytown shall notify in writing the presiding officer of the governing
body of each eligible jurisdiction.
(d) After receipt of an application for creation of a reinvestment zone
and application for tax abatement, the City Council
through its designated officer or employee shall prepare a
feasibility study setting out the impact of the proposed reinvestment
zone and tax abatement. The feasibility study shall include, but not
be limited to, an estimate of the economic effect of the creation of
the zone and the abatement of taxes and the benefit to the eligible
jurisdiction and the property to be included in the zone.
PG. 4 of EXH. A of EXH. B of EXH. A
•
(e) The City Council shall not establish a reinvestment zone or enter
into an abatement agreement if it finds that the request for the abatement
was filed after the commencement of construction, alteration, or installation
of improvements related to a proposed modernization, expansion or new
facility.
(f) Variance. Requests for variance from the provisions of Subsections
(a), (e) and (g) of Section 2. may be made' in written form to a designated
member of City Council , provided, however, the total duration of
an abatement shall in no instance exceed five years. Such request shall
include a complete description of the circumstances explaining why the
applicant should be granted a variance. Approval of a request for variance
requires a three - fourths (3/4) vote of the City Council
PUBLIC HEARING AND APPROVAL Section 4.
(a) The governing body of a city may not adopt an ordinance, or a county
a resolution, designating a reinvestment zone until it has held a public
hearing at which interested persons are entitled to speak and present
evidence for or against the designation. Notice of the hearing shall
be clearly posted or identified on City Council's agenda at least
30 days prior to the hearing. The presiding officers of eligible jurisdictions
shall be notified in writing at least 15 days prior to the hearing.
(b) Prior to entering into a tax abatement agreement the City Council
may, at its option, hold a public hearing at which interested
shall be entitled to speak and present written materials for
the approval of the tax abatement agreement.
persons
or against
(c) In order to enter into a tax abatement agreement, the City Council
must find that the terms of the proposed agreement meet these Guidelines
and Criteria and that:
(1) there will be no substantial adverse affect on the provision of
the jurisdiction's service or tax base; and
(2) the planned use of the property will not constitute a hazard to
public safety, health or morals.
(d) Any applicant requesting a variance under Section 3. (f) shall be approved
by a vote of at least three- fourths (3/4) of the City Council
No application which deviates from the requirements of these Guidelines
and Criteria shall be approved unless accompanied by a request for variance
as provided under Section 3. (f).
PG. 5 of EXH. A of EXH. B of EXH. A
• AGREEMENT Section 5.
(a) After approval the City Council shall formally pass a resolution
and execute an agreement with the owner of the facility and lessee as
required which shall include:
(1) estimated value to be abated and the base year value;
(2) percent of value to be abated each year as provided in Section
2. (g);
(3) the commencement date and the termination date of abatement;
(4) the proposed use of the facility; nature of construction, time
schedule, map, property description and improvement list as provided
in Application, Section 3. (b);
(5) contractual obligations in the event of default, violation of terms
or conditions, delinquent taxes, recapture, administration and
assignment as provided in Sections 2. (a), 2. (f), 2. (g), 6.,
7. and 8., or other provisions that may be required for uniformity
or state law, and;
(6) amount of investment and average number of jobs involved.
Such agreement shall normally be executed within 60 days after the applicant
has forwarded all necessary information and documentation to the City Council
RECAPTURE Section 6.
(a) In the event that the facility is completed and begins producing product
or service, but subsequently discontinues producing product or service
for any reason excepting fire, explosion or other casualty or accident
or natural disaster for a period of one year during the abatement period,
the the agreement shall terminate and so shall the abatement of the
taxes for the calendar year during which the facility no longer produces.
The taxes otherwise abated for that calendar year shall be paid to the
Citv of Bavtown within sixty days from the date of termination.
(b) Should the Citv Council determine that the company or individual
is in default according to the terms and conditions of it's agreement,
the City t,ounci1 shall notify the company or individual in writing
at the address stated in the agreement, and if such is not cured within
sixty (60) days from the date of such notice ( "Cure Period "), then the
agreement may be terminated.
(c) in the event that the company or individual (1) allows its ad valorem
taxes owed the City, of Baytown to become delinquent and fails
to timely and properly follow the legal procedures for their protest
and /or contest; or (2) violates any of the terms and conditions of the
abatement agreement and fails to cure during the Cure Period, the agreement
then may be terminated and all taxes previously abated by virtue of
the agreement will be recaptured and paid within sixty (60) days of
the termination.
PG. 6 of EXH. A of EXH. B of EXH. A
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ADMINISTRATION Section 7.
(a) The Chief Appraiser of the County shall annually determine an assessment
of the real and personal property comprising the reinvestment zone.
Each year, the company or individual receiving abatement shall furnish
the assessor with such information as may be necessary for the abatement.
Once value has been established, the Chief Appraiser shall notify the
affected jurisdictions which levies taxes on the amount of the assessment.
(b) The agreement shall stipulate that employees and /or designated representatives
of the City of Baytown will have access to the reinvestment
zone during the term of the abatement to inspect the facility to determine
if the terms and conditions of the agreement are being met. All inspections
will be made only after the giving of twenty -four (24) hours prior notice
and will only be conducted in such manner as to not unreasonably interfere
with the construction and /or operation of the facility. All inspections
will be made with one or more representatives of the company or individual
and in accordance with its safety standards.
(c) Upon completion of construction the jurisdiction which created the zone
shall annually evaluate each facility receiving abatement to ensure
compliance with the agreement and report possible violations to the
contract and agreement to the Cit-v Council and its attorney.
ASSIGNMENT Section 8.
Tax abatement agreements may be assigned to a new owner or lessee of the
facility with the written consent of the Citv Council which consent shall
not be unreasonably withheld. Any assignment shall provide that the assignee
shall irrevocably and unconditionally assume all the duties and obligations
of the assignor upon the same terms and conditions as set out in the agreement.
Any assignment of a tax abatement agreement shall be to an entity that contemplates
the same improvements or repairs to the property, except to the extent such
improvements or repairs have been completed. No assignment shall be approved
if the assignor or the assignee are indebted to the City of Baytown
for ad valorem taxes or other obligations.
SUNSET PROVISION Section 9.
(a) These Guidelines and Criteria are effective upon the date of their adoption
and will remain in force for two years, at which time all reinvestment
zones and tax abatement contracts created pursuant to its provisions
will be reviewed to determine whether the goals have been achieved.
Based on that review, the Guidelines and Criteria will be modified,
renewed or eliminated.
(b) This policy is mutually exclusive of existing Industrial District Contracts
and owners of real property in areas deserving of special attention
as agreed by the affected jurisdictions.
PG. 7 of EXH. A of EXH. B of EXH. A
Ij•
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EXHIBIT
Property Description of Reinvestment Zone
TRACT Z
METES AND BOUNDS DESCRIPTION FOR
A 24.921 ACRE (1,085,552 SQUARE FEET)
TRACT OUT OF THE HARVEY WHITING SURVEY,
ABSTRACT NO. 840 HARRIS COUNTY, 'TEXAS
Being a tract or parcel containing 24.921 acres (1,085,552
square feet) of land out of the Harvey Whiting Survey,
Abstract No. 840, Harris County, Texas, being also out of
hose certain 99.782 acre tract, 31.394 acre tract and 2.52
acre tract in deeds to the Texas Olefins Company of record in
Film Code Numbers 105 -03 -0493, 121 -02 -1001 and 137 -16 -1554 of
the Deed Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows;
COMMENCING at the southwest corner of the said 99.782 acre
tract, from which a 8" wood post in concrete was found 0.38
feet North of said corner, and being in the northerly right-
of-way line of Baker Road (80.00' wide);
THENCE with the southerly line of said 99.782 acre tract and
the northerly right-of-way line d-f said Baker Road, East for
a distance of 1535.89 feet to a 1/2 -inch iron rod set for the
POINT OF BEGINNING and being in the easterly right -of -way
line of a San Jacinto River Authority Canal Right -of -way
(210' wide) of record in Volume 1163, Page 576 of the Deed
Records of Harris County, Texas and being the southwest
corner herein;
THENCE with said easterly right-of-way line of the San
Jacinto River Authority Canal right -of -way and the westerly
line herein, North 00 deg. 20 min. 49 sec. west for a
distance of 371.32 feet (Deed - North 00 deg. 39 min. West,
370.24 feet) to a 1/2 -inch iron rod found for corner, the
beginning of a curve to the left;
THENCE with said easterly right -of -way line and the westerly
line herein along said curve to the left having a central
angle of 36 deg. 21 min., a radius of 395.62 feet a chord
bearing of North 18 deg. 31 min. 19 sec. Test, a chord
distance of 246.80 feet for an arc distance of 230.99 feet to
a 1/2 -inch iron rod set for corner, the end of said curve;
alllaiT C;
of
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Page 2
TXOL P
THENCE, continuing with said easterly right -of -way line
the westerly line herein, North and
36 deg. IS min. 29 sec. West
(Deed = North 37 deg. 00 min. West) for a distance of
feet to a 1/2 -inch iron rod Set for the northwest 1219.30
corner
herein;
THENCE leaving said easterly right -of -way line,
northerly line herein, with the
South 89 deg, 47 min. 32 sec.
a distance of 928.55 feet pass the east line of said East
acre tract and the westerly line of said 2.52 acre tract, at
a distance of 1368.59 feet pass the easterly line of said
2.52 acre tract and the westerly line of said 31.394 acre
tract, and continuing for a total distance of 1498.29 feet to
a 1/2 -inch iron rod set for the northeast corner herein,
being also in the easterly line of said 31.394 acre tract and
being in the westerly right -of -way line of Decker Drive
(State Highway No. 330);
THENCE with the easterly line of said 31.394 acre tract, the
westerly right -of -way line of said Decker Drive and the
easterly line herein, South 39 deg. 29 min. 00 sec. East
(Deed = South 40 deg. 02 min. East) for a distance of 180.53
feet to a 1/2 -inch iron rod set for an angle
easterly line herein point in the
, being also the most easterly point of
the subject 24.921 acre tract, and from which a 5/8 -inch iron
rod set for the most northerly corner of the
Falstaff Distributing Com 2,516 acre
pany tract was
northeast corner of said 31.394 acre tract bears fsouth t39
deg. 29 min. 00 sec. East for a distance of 78.41 feet;
THE -NCE leaving the easterly line Of said 31.394 acre tract,
and continuing with the easterly line herein, South 28 deg.
43 min. 18 sec. West for a distance of 468.59 feet. to a 1/2-
inch iron rod not for corner;
THENCE continuing with said easterly line, North 89 deg. 47
min. 32 sec. Nest for a distance of 246.93 feet to a 1/2 -inch
iron rod set for corner;
THENCE continuing with said easterly line
min. 28 sec. East for a distance of 493.42�feetuto a 00 1/2-inch
iron rod set for corner;
PG. 2 of EXH. C of EXH. A
Page 3
1 TXOL P
THENCE continuing with said easterly line, North 89 deg. 47
min. 32 sec. West for a distance of 176.24 feet to a 1/2 -inch
iron rod set for corner; ,
THENCE continuing with said easterly line, South 00 deg. 11
min. 38 sec. West for a distance of 540.94 feet to a 1/2-inch
iron rod set for the southeast corner herein, being also in
the northerly right -of -way line of said Baker Road;
THENCE with said northerly right-of-way line, and the
southerly line herein, West at a distance of 39.33 feet pass
a 1/2 -inch iron rod set for the southwest corner of said
31.394 acre tract and being the southeast corner of said
99.782 acre tract, and continuing for a total distance of
159.33 feet to the POINT OF BEGINNING and containing 24.921
acres (1,085,552 square feet) of land, more or less_
March 26, 1991
Primary Site Y r
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PG. 3 of EXH. C of EXH. A
i
TRACT 2
METES AND BOUNDS DESCRIPTION FOR
19.066 ACRE (830,499 SQUARE FEET)
TRACT OUT OF THE HARVEY WHITING SURVEY
ABSTRKCT 840, HARRIS COUNTY, TMCAS
Being a tract or parcel containing 19.066 acre (830,499
square feet) of land out of and a part of the Harvey Whiting
Survey, Abstract 840, Harris County, Texas and being a part
of that certain 32.425 acre tract of land conveyed to Frank
Thielen et al by the estate of Webb Greer, by Deed dated July
14, 1967 as recorded in Volume 6837, Page 301, of the Harris
County Deed Records, and being more particularly described by
metes and bounds as follows:
COMMENCING at a 5/8 -inch iron rod found at the Northwest
corner of said 32.425 acre tract, said point being on the
Southwest right-of-way line of Decker Drive (State Hwy. 330);
THENCE South 39 deg. 29 min. 00 sec. East along the Southwest
right -of -way line of Decker Drive for a distance of 1069.41
feet to a 1/2 -inch iron rod set for corner, and being the
POINT OF BEGINNING and the most Northerly point of the
19.066 acre (830,499 square feet) tract of land herein
described;
THENCE continuing South 39 deg. 29 min. 00 sec. East along
the Southwest right -of -way line of Decker Drive for a
distance of 78.41 feet to a 5/8 -inch iron rod found for
corner;
THENCE South 00 deg. 38 min. 52 sec. West along the West line
of Falstaff Distributing Company 2.5165 acre tract for a
distance of 665.40 feet to a 1/2 -inch iron rod found for
corner;
THENCE south 89 deg. 19 min. 19 sec. East for a distance of
200.02 feet to a 1/2 -inch iron rod found for corner on the
West line of a Kansas city Southern Railroad right-of-way and
being the most Northeasterly corner of the herein described
19.066 acre tract;
THENCE South 00 deg. 38 min. 52 sec. West along said West
right --of -way line for a distance of 412.31 feet to a 1/2 -inch
iron rod set for corner;
PG. 4 of EXH. C of EXIT. A,
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Page 2
TXOL B
THENCE continuing along said West right -of -way line and along
a curve to the right with a central angle of 09 deg. 29 min.
04 sec., a radius of 1843.26 feet, a chord bearing of South
05 deg. 23 min. 25 sec. West, a chord distance of 304.79 feet
for an arc distance of 305.97 feet to an "X" set in rail for
corner at the intersection of said West right -of -way line
with the North right -of -way line of a public road known as
Baker Road (80 feet wide);
THENCE North 89 deg. 59 min. 10 sec. West along the North
right -of -way line of Baker Road (80 feet wide) for a distance
of 857.40 feet to a 1/2 -inch iron rod set for corner being
the most Southwesterly corner of the herein described 19.066
acre tract;
THENCE North 00 deg. 11 min. 38 sec. East for a distance of
540.94 feet to a 1/2 -inch iron rod set for corner;
THENCE South 89 deg. 47 min. 32 sec. East for a distance of
176.24 feet to a 1/2 -inch iron rod set for corner;
THENCE North 00 deq. 12 min. 28 sec. West for a distance of
493.42 feet to a 1/2 --inch iron rod set for corner;
THENCE South 89 deg. 47 min. 32 sec. East for a distance of
246.93 feet to a 1/2 -inch iron rod set for corner;
THENCE North 28 deg. 43 min. 18 sec. East for a distance of
468.59 feet to the POINT OF BEGINNING and containing 19.066
acres (830,499 square feet) of land.
March 26, 2991
Texas Olefins Boundary ,pry
PG. 5 of EXH. C of EXH. A
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TRACT 3
METES AND BOUNDS DESCRIPTION FOR A
35.258 (1,535,838 SQUARE FEET) ACRE
TRACT OUT OF THE HARVEY WHITING SURVEY
ABSTRACT NO. 840 HARRIS COUNTY, TEXAS
I
AS SHOWN ON SURVEY DATED MARCH 19, 1991,
AND PREPARED BY RON ARCENEAUX & ASSOCIATES
IsBeing a tract or parcel containing 35.258 acres (1,535,838
square feet) of land out of the Harvey Whiting Survey,
Abstract No. 840, Harris County, Texas, being also out of
those certain 99.782 acre tract, 31.394 acre tract and 2.52
acre tract in deeds to the Texas Olefins Company of record in
Film Code Numbers 105 -03 -0493 and 121 -02 -1001 and 137 -16 -1554
Of the Deed Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows;
'1i
BEGINNING at a 8" wood post in concrete found Ear the
northwest corner of said 99.782 acre tract, being also in the
easterly right -of -way line of a San Jacinto River Authority
Canal Right -Of -Way (210, wide) of record in Volume 1163, Page
576 of the Deed Records of Harris County, Texas and being the
northwest corner herein:
THENCE, with the northerly line of said 99.782 acre tract and
the northerly line herein, North 89 deg. 11 min. 20 sec. East
for a distance of 1423.75 feet (Deed = North 89 deg. 25 min.
36 sec. East, 1427.12 feet) to a broken 8" wood post in
concrete found for the most northerly northeast corner of
said 99.782 acre tract, being also the northeast corner
herein and being in the westerly right -of -way line of Decker
Drive (State Highway No. 330);
THENCE, with the easterly line of said 99.782 acre tract, the
easterly line herein, and the westerly right -of -way line of
said Decker Drive, South 33 deg. 20 min. 03 sec. East for a
distance of 456.13 feet (Dead = South 33 deg. 15 min. 57 sec.
East, 446.77 feet) to a 5/8 -inch iron rod found for an angle
point, being the most easterly northeast corner of said
99.782 acre tract and being the northwest corner of said
31.394 acre tract;
PG. 6 of EXH. C of EXH. A
Page 2
TX0L 0
THENCE, continuing with the northeasterly line of said 31.394
acre tract, the easterly line herein and the westerly right -
of -way line of said Decker Drive, South 39 deg. 29 min. 00
sec. East (Deed = South 40 deg. 02 min. East) for a distance
of 888.88 feet to a 1/2 -inch iron rod set for the southeast
corner herein;
THENCE, leaving the northeasterly line of said 31.394 acre
tract, with the southerly line herein, North 89 deg. 47 min.
32 sec. West, at a distance of 129.70 feet pass the westerly
line of said 31.394 acre tract and the easterly line of said
2.52 acre tract, at a distance of 569.74 feet pass the
easterly line of said 2.52 acre tract and the westerly line
of said 99.782 acre tract, and continuing for a total
distance of 1498.29 feet to a 1/2 -inch iron rod set for the
southwest corner herein, and being in the easterly right -of-
way line of said San Jacinto River Authority Canal;
THENCE with said easterly right -of -way line and the westerly
line herein, North 36 deg. 15 min. 29 sec. West (Deed = North
37 deg. 00 min. West) at 149.02 feet pass a 1/2 -inch iron rod
set for southwesterly corner of a-- 3.100 acre Diamond Shamrock
Corporation fee strip, at 430.92 feet pass a 1/2 -inch iron
rod set for northwesterly corner of said fee strip and
continuing for a total distance of 1253.07 feet to a 1/2 -inch
iron rod set for corner, being an angle point herein and
being in the westerly line of said 99.782 acre tract;
THENCE, continuing with said easterly right -of -way line, the
westerly line herein and the westerly line of said 99.782
acre tract North 00 deg. 09 min. 13 sec. West for a distance
of 31.12 feet to the POINT OF BEGINNING and containing 35.258
acres of land, more or less.
SAVE AND EXCEPT, that certain 3.100 acre tract of land,
conveyed to the Diamond shamrock Corporation by instrument
filed of record in Film Code Number 017 -90 -2526 of the Deed
Records of Harris County, Texas, being a part of that certain
7.6844 acre tract of record in the County Clerk's File No.
F175685 and being all of that certain 0.2173 acre tract of
record in County Clerk's File No. J752753 both of the Deed
Records of Harris County, Texas, said 3.100 acre tract being
more particularly described by metes and bounds as follows;
1•
PG. 7 of EXH. C of EXH. A
10
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Page 3
TXOL O
BEGINNING at the broken 8" wood post in concrete found for
the most northerly northeast corner of above said 35.258 acre
tract;
THENCE, with the westerly right -of -way line of said Decker
Drive and the easterly line of said 35.258 acre tract, South
33 deg. 20 min. 03 sec. East for a distance of 106.43 feet
(Deed = South 33 deg. 33 min. 44 sec. East, 102.93 feet) to a
concrete monument found at the southeast corner of said 7.644
acre tract;
THENCE, leaving the easterly line of said 35.258 acre tract,
with the southerly line of said 7.644 acre tract, South 51
deg. 06 min. 12 sec. West for a distance of 160.19 feet (Deed
= South 51 deg. 02 min. 31 sec. West, 158.35 feet) to a
concrete monument found for an angle point;
THENCE, continuing with said southerly line, North 35 deg. 28
min. 09 sec. West for a distance of 59.78 feet (Deed = North
38 deg. 57 min. 29 Sec. West, 60.00 feet) to a concrete
monument found for an angle point;
THENCE, continuing with said southerly line, South 51 deg. 01
min. 26 sec. West for a distance of 877.64 feet (Deed = South
51 deg. 02 min. 31 sec. West, 874.39 feet) to a concrete
monument found for an angle point;
THENCE, continuing with said southerly line, South 36 deg. 53
min. 40 sec. East, (Deed = South 36 deg. 59 min. 00 sec.
East, 186.57 feet) for a distance of 186.67 feet to a
concrete monument found for an angle point;
THENCE, continuing with said southerly line, South 45 deg. 01
min. 23 sec. West at a distance of 131.37 feet pass a
concrete monument found, and continuing for a total distance
of 140.63 feet (Deed - South 44 deg. 50 min. 29 sec. West,
131.35 feet) to a 1/2 -inch iron rod set for the southwest
corner herein, being also in the easterly right -of -way line
of said San Jacinto River Authority Canal, and being in the
westerly line of said 35.258 acre tract;
PG. 8 of EXIT. C of EXH. A
Page 4
TXOL 0
THENCE, with the said easterly right -of -way line, the
westerly line of said 35.258 acre tract and the westerly
line herein, North 36 deg. 15 min. 29 sec. West for a
distance of 281.90 feet to a 1/2 -inch iron rod set for the
northwest corner herein;
THENCE, leaving the westerly line of said 35.258 acre tract,
with the northwesterly line herein, North 51 deg. 02 min. 07
sec. East at a distance of 5.77 feet pass a concrete monument
found, and continuing for a total distance of 1016.02 feet
(Deed = North 51 deg. 02 min. 31 sec. East, 1010.57 feet) to
a concrete monument found for an angle point;
THENCE, continuing with said northwesterly line, North 38
deg. 57 min. 53 sec. West (Deed = North 38 deg. 57 min. 29
sec. West) for a distance of 60.00 feet to a 1/2 -inch iron
rod set for an angle point;
THENCE, continuing with said northwesterly line, North 51
deg. 02 min. 07 sec. East for a distance of 42.14 feet (Deed
= North 51 deg. 02 min. 31 sec. East, 36.43 feet) to a 1/2-
inch iron rod set for the northwest corner herein and being
in the northerly line of said 35.258 acre tract;
THENCE, with the northerly line of said 35.258 acre tract and
the northerly line herein, North 89 deg. 11 min. 20 sec. East
for a distance of 152.27 feet (Deed = North 89 deg. 30 min.
45 sec. East, 156.77 feet) to the POINT OF BEGINNING and
containing 3.100 acres of land, more or less.
March 21, 1991
option Tract
PG. 9 of EX.R. C of EXH. A
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14
METES AND BOUNDS DESCRIPTION FOR
A 24.921 ACRE (1,085,552 SQUARE FEET)
TRACT OOT OF THE HARVEY WHITING SURVEY,
ABSTRACT NO. 840 HARRIS COUNTY, Tmg
r ,
Being a tract or parcei containing 24.921 acres
square feet) of land out of the Harvey (1,085,552
Abstract rio. 840 Y whiting Survey,
Harris County, Texas, being also out of
those certain 99.782 acre tract, 31.394 acre tract and 2.52
acre tract in deeds to the Texas Olefins Company of record in
Film Code Numbers 105-03-0493, 121 -02 -1002 and 137 -16 -1554 of
the Deed Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows;
COMMENCING at the southwest corner of the said 99.782 acre
tract, from which a 8" wood Post in concrete was found 0.38
feet North of said corner, and being in the northerly right -
of -way line of Baker Road (80.00, wide);
THENCE with the southerly line of said 99.782 acre tract and
the northerly right -of -way ,line of said Baker Road, East for
a distance of 1535.89 feet to a 1/2 -inch iron rod set for the
POINT OF BEGINNING and being in the easterly right -of
-way
line of a San Jacinto River Authority Canal h
(210' wide) of record in volume 1163,Page 576RofthetDead
Records of Harris County, Texas and being the southwest
corner herein;
THENCE with said easterly right -o€ -way line of the San
Jacinto River Authority Canal right -of -way and the westerly
line herein, North 00 deg. 20 min. 49 sec. West for a
distance of 371.32 f set (Deed - North 00 deg. 39 min. West,
370.24 feat) to a 1/2 -inch iron rod found for corner, the
beginning of a curve to the left;
THENCE with Said easterly right -of -way line and the westerly
line herein along said curve to the left having a central
angle of 36 dog. 21 min., a radius of 395.62 feet a chard
bearing of North 18 deg. 31 min. 19 sac. West, a chord
distance of 246.80 teat for an arc distance of 250.99 feet to
a 1/2 -inch iron rod set for corner, the end of said curve;
E(H113orr j3
of
A
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Page 2
TXOL P
THENCE, continuing with said easterly right-of-way
the westerly line herein, Nor
(Deed = North 37 North 36 deg, 15 min. line and
deg. 00 min. West) for a distance of sec. West
feet to a 1/2 -inch iron rod „ set for the northwest 1219.30
herein;
corner
THENCE leaving said easterly
northerly line herein, South89rdeht -of -way line, with the
a distance of 328.55 feet deg min• 32 sec.
acre tract and the westerly the east line of saida99.782
a distance of 1368.59 y line °f Said 2.52 acre
2.52 acre tract feet pass the easterly
ract, at
tract, and rcnthe westerly line of Y line of said
said 31.394 acre
a 1/2 -inch continuing a total distance of 1498.29 feet to
iron red set for the
being also in the easteri northeast corner
being in the Y line of said 31.394 acre tract (State westerly right -of -way line of Decker Drive
Y No. 330);
THENCE with the easterly line of
westerly right -of -way line of said1dDecker4 acre tract
easterly line herein, South 39 de the
Drive and the
(Deed = South 40 deg. 02 min. East q- 29 min. 00 sec. East
feet to a 1/Z _inch iron min. Ea for for a distance of 180.53
easterly line herein an angle point in the
the subject 24.921 acrebtract also the most easterly
rod set for , and from which a 5 /Binchniron
Falstaff Distributing Most northerly corner of
northeast corner of Pant tract was the 2•c= acre
deg. 29 min. 00 sec.
said 31.394 round the
East for a distance Of 78-41 bears s South 39
THENCE at'
leaving the easterly line of
and continuing with the easterly line here l'394 acre tract,
43 min. Z8 soa, West for a distance of 468.59 feet. Z8 deg
inch iron rod sat for corner; a 1/2-
THENCE continuing with Said easterly min. 32 one. West for a distance of 246.93ereatrto a9 d
iron rod set for co 29. 47
mar. 1/2 -inch
THENCE continuing with said easterly
min. 28 sec. East for a distance of
iron rod set for corner;
PG. 2 of EXH. D of EXH. A
line► South 00 deq. 12
493.42 feat to a 1/2 -inch
�r
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Page 3
TXOL P
THENCE continuing with said easterly line, North
min. 32 sec. West for a distance of 176.24 feet to agld2ginch
iron rod set for corner; /
THENCE continuing with said easterly line,
min. 38 sec. West for a distance of 540.94 feSouth 00 deg. 11
iron rod set for the southeast corner herein 1 /2-inch
the northerly right -of -way line of said Baker Road; also in
THENCE with said northerly right-of-way
southerly line herein, West at a distanceof line, and the
a 1/2 --inch iron rod set for the southwest come= feat pass
31.394 acre tract and being the southeast of said
99.782 acre tract, and continuing for a total distance an said
159.33 feet to the POINT OF BEGINNING distance 21 of
acres (1,085,552 square feet) of land, more cortless. 24.921
March 26, 1991
Primary site
PG. 3 of EXH. D of EXH. A
TRACT 92
METES AND BOUNDS DESCRIPTION FOR
19.066 ACRE (830,499 SQUARE FEET)
TRACT OUT OF THE HARVEY WHITING SURVEY
ABSTRACT 840, HARRIS COUNTY , TEXAS
Being a tract or parcel containing 19.066 acre (830,499
square feet) of land out of and a part of the Harvey Whiting
Survey, Abstract 840, Harris County, Texas and being a part
of that certain 32.425 acre tract of land conveyed to Frank
Thielen et al by the estate of Webb Greer, by Deed dated July
14, 1967 as recorded in Volume 6837, Page 301, of the Harris
County Deed Records, and being more particularly described by
metes and bounds as follows:
COMMENCING at a 5/8 -inch iron rod found at the Northwest
corner of said 32.425 acre tract, said point being on the
Southwest right-of-way line of Decker Drive (State Hwy. 330);
THENCE South 39 deg. 29 min. 00 sec. East along the Southwest -
right -of -way line of Decker Drive for a distance of 1069.41
feet to a 1/2 -inch iron rod set for corner, and being the
POINT OF BEGINNING and the most Northerly point of the
19.066 acre (830,499 square feet) tract of land herein
described;
THENCE continuing South 39 deg. 29 min. 00 sec. East along
the Southwest right -of -way line of Decker Drive for a
distance of 78.41 feet to a 5/8 -inch iron rod found for
corner,
THENCE South 00 deg. 38 min. 52 sec. West along the West line
of Falstaff Distributing company 2.5165 acre tract for a
distance of 665.40 feet to a 1/2 -inch iron rod found for
corner;
THENCE South 89 deg. 19 min. 19 sec. East for a distance of
200.02 feet to a 1/2 -inch iron rod found for corner on the
West line of a Kansas City Southern Railroad right -of -way and
being that most Northeasterly corner of the herein described
19.066 acre tract;
THENCE South 00 deg. 38 min. 52 sec. West along said West
right -of -way line for a distance of 412.31 feet to a 1/2 -inch
iron rod act for corner;
PG. 4 of EXH. D of EXH. A
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Page 2
TXOL B
THENCE continuing along said West right -of -way line and along
a curve to the right with a central angle of 09 deg. 29 min.
04 sec., a radius of 1843.26 feet, a chord bearing of South
05 deg. 23 min. 25 sec. West, a chord distance of 304.79 feet
for an arc distance of 305.97 feet to an "X" set in rail for
corner at the intersection of said West right-of-way line
with the North right -of -way line of a public road known as
Baker Road (80 feet wide);
THENCE North 89 deg. 59 min. 10 sec. West along the North
right -of -way line of Baker Road (80 feet wide) for a distance
of 857.40 feet to a 1/2 -inch iron rod set for corner being
the most Southwesterly corner of the herein described 19.066
acre tract;
THENCE North 00 deg. 11 min. 38 sec. East for a distance of
540.94 feet to a 1/2 -inch iron rod set for corner;
THENCE South 89 deg. 47 min. 32 sec. East for a distance of
176.24 feet to a 1/2 -inch iron rod set for corner;
THENCE North 00 deg. 12 min. 28 sec. -- West for a distance of
493.42 feet to a 1/2 -inch iron rod set for corner;
THENCE South 89 deg. 47 min. 32 sec. East for a distance of
246.93 feet to a 1/2 -inch iron rod set for corner;
THENCE North 28 deg. 43 min. 18 sec. East for a distance of
468.59 feet to the POINT OF BEGINNING and containing 19.066
acres (830,499 square feet) of land.
March 26, 1991
Texas Olefins Boundary
PG. 5 of EXH. D of EXH. A
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