Ordinance No. 14,203ORDINANCE NO. 14,203
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH PURE SALT BAYTOWN, LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an
Industrial District Agreement with Pure Salt Baytown, LLC. A copy of said Industrial District
Agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 261h day of September, 2019.
B ON CAPETILL , Mayor
ATT T:
L TICIA BRYS H, Clerk
APPROVED AS TO FORM:
�*
NACIO RAMIREZ, SR. City Attorney
R:' Karerr Files -City Council Ordinances\2019 September 26 IDAwithPureSaltBaytownLLC.doc
Exhibit "A"
Industrial District Agreement
This Industrial District Agreement ("Agreement") is made and entered into between the
City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas,
hereinafter also referred to as "Baytown" or "City," and Pure Salt Baytown, LLC, a Texas
limited liability company, hereinafter referred to as "Property Owner." In consideration of
the promises and of the mutual covenants and agreements herein contained, it is agreed by
and between the City and Property Owner as follows:
1.
Parties
This Agreement is made under the authority of Texas Local Government Code
Annotated §42.044 (Vernon 1993), article X1, §5 of the Texas Constitution and other
applicable law. The parties to the Agreement and their addresses are:
I . The "City"
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.O. Box 424
Baytown, TX 77522
2. The "Property Owner"
Pure Salt Baytown, LLC
Attn: President
4800 San Felipe
Houston, TX 77056
Tax Statement Address:
Pure Salt Baytown, LLC
Attn: Property Tax Department
4800 San Felipe
Houston, TX 77056
I1.
Identification of Property and Industrial
District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate
limits of the City is sometimes referred to herein as the "affected area," and it is described in
Exhibit A, which is attached to this Agreement and made a part hereof. Acting pursuant
to the above mentioned authority, the City Council of the City has by ordinance, designated the
affected area as an industrial district, the same to be known as Baytown Industrial District
No. 3 (the "Industrial District").
Ill.
Tenn
The tenn of this Agreement is seven tax years, from 2019 through 2025, unless it is
sooner terminated under the provisions hereof. This Agreement shall be effective and
binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement
and shall remain in effect for seven years. This Agreement supersedes any prior existing
agreements between the Property Owner and the City relating to the subject matter specific to
the tenn hereof.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth, the City
hereby guarantees for the term of this Agreement the immunity of the affected area from
annexation of any type by the City except for such parts of the affected property as may
be necessary to annex property owned by third parties within the Industrial District that the
City may decide to annex. Additionally, this Agreement shall not affect the continuation of
any limited purpose annexation status to which the affected area is now subject.
V.
Industrial District Payment
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 31 st of each year during the term
hereof a sum of money equal to:
(1) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
2019
$27,694,660.00
2020
$27,694,660.00
2021
$27,694,660.00
2022
$27,694,660.00
2023
$27,694,660.00
2024
$27,694,660.00
2025
$27,694,660.00
hereinafter referred to as the "Base Value," multiplied by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by the applicable Yearly Payment Rate as
detailed below:
TALC YEAR
YEARLY
PAYMENT
RATE
2019
.66
2020
.66
2021
.66
2022
.66
2023
.66
2024
.66
2025
.66
VI.
Valuations and Collections
A.
Generally
The parties hereto recognize that said Chambers County Appraisal District is not
required to appraise for the City the land, improvements, and tangible property, real or mixed, in
the affected area, which is not within the corporate limits of the City, for the purpose of
computing the payments hereunder. For the purpose of providing a procedure for determining
and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted
and made a part hereof all provisions of the Constitution and statutes of the State of Texas
pertaining to ad valorem taxation as amended throughout the tenor of this Agreement (including,
in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of
such provisions would require the assessment of the Property Owner's property on an equal and
uniform basis with property in the general corporate limits of the City, the provisions of this
Agreement will control where in conflict with the provisions of such laws and (ii) the
income method of appraisal as described in Section 23.012 of the Texas Property Tax Code
shall not be limited to only properties for which a rental market exists. Specifically, nothing
contained herein shall limit the income method of appraisal specified in Section 23.012 of the
Texas Property Tax Code to only properties for which a rental market exists, instead if such
method is used, the chief appraiser shall:
1. use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in detennining an appropriate
capitalization rate; and
4. determine a capitalization rate for income -producing property that includes a
reasonable return on investment, taking into account the risk associated with
the investment.
The parties agree that the fair market value of the Property Owner's land,
improvements, and tangible property subject to Subsections B and C of this section shall be
detenmined in accordance with the market value computation contemplated in the Texas
Property Tax Code for the purpose of calculating the Property Owner's payment under this
Agreement on properties annexed or disannexed subsequent to the commencement of this
Agreement. The City may choose to use the appraised value as finally determined by the
Chambers County Appraisal District (or through administrative or judicial appeal of the
Chambers County Appraisal District's determination), or by appraisal conducted by an
independent appraiser of the City's selection at the City's expense. The determination of fair
market values by the City shall be final and binding unless the Property Owner within thirty
(30) days after receipt of the City's determination petitions for a Declaratory Judgment to the
Civil District Court of Chambers County, Texas, as provided for by Section XIII hereof. Nothing
contained herein shall ever be construed as in derogation of the authority of the Chambers
County Appraisal District to establish the appraised value of land, improvements, and
tangible personal property in the annexed portion for ad valorem tax purposes.
B.
Adjustment of Base Value for Property Inside the Corporate Limits but Subsequently
Disannexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is disannexed fi-om the corporate limits of the City during the term of this Agreement, shall
become part of the affected area immediately upon disannexation. The value for such
disannexed land, improvements and tangible property, real or mixed shall be detenmined as
described in Subsection A of this Section based upon the year in which the property is
disannexed and shall be added to the Base Value specified in Article V each year after the
disannexation for purposes of payment hereunder.
C.
Adjustment of Base Value for Property Outside the Corporate Limits but Subsequently Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is annexed into the corporate limits of the City during the term of this Agreement, shall be
removed from the affected area the year after the annexation. The value for such annexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the property is annexed and shall be
subtracted from the Base Value specified in Article V each year after the annexation for
purposes of payment hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December I of
each year showing the total amount due on December 31 of such year pursuant to this
Agreement. Such statement shall be mailed to the "Tax Statement Address" noted in this
Agreement. Any amounts due on December 31 that are not paid when due shall become
delinquent on January 1 of the following year. Provided, however, if the tax statement is
mailed after December 10, the delinquency date is postponed to the first day of the next
month that will provide a period of at least 21 days after the date of mailing for payment of
the amount due. Delinquent amounts shall be immediately subject to the same penalties,
interest, attorneys' fees and costs of collection as recoverable by the City in the case of
delinquent ad valorem taxes. The City shall have a lien upon the Property Owner's land within
the affected area upon any delinquency in the Industrial District Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally
determined by the due date of the Property Owner's payment hereunder and the Property
Owner is pursuing through a declaratory judgment action as specified in Subsection A, the
Property Owner shall, without prejudice to such action, pay to the City by December 31 of each
year (subject to the exception in the preceding paragraph for statements mailed after December
10), such amount as is provided in the Texas Property Tax Code, as amended throughout the
teen of this Agreement, for payments made under such conditions by owners of property within
the general corporate limits of the City subject to ad valorem taxation. Any refund payable
by the City to the Property Owner hereunder shall be paid within 60 days after receipt by the
City of both Chambers County Appraisal District's form notification that the appraised value of
the property has been reduced and a written refund request by the Property Owner; if not paid
timely, the refund amount shall bear interest at the rate specified in Section 2251.025 of the
Texas Government Code beginning 60 days after the City received both the Property Owner's
written refund request and the Chambers County Appraisal District's formal notification that
the appraised value of the property has been reduced.
VII.
Compliance with Law
The City and the Property Owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise, vibration and toxic levels of those industries located in the Industrial
District, and that development within the District may have an impact on the drainage of
surrounding areas. To this end, the Property Owner and the City agree that the same standards
and criteria relative to noise, vibration and toxic levels and drainage and flood control which are
adopted by the City and made applicable to portions of the City adjacent to the Industrial
District shall also be applicable to the affected area. The Property Owner agrees that any
industrial or other activity carried on within the affected area will be constructed in strict
compliance with all applicable valid state and federal air and water pollution control standards.
If the Property Owner's property within the affected area is subject to the Occupational Safety
and Health Act, 29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to
ensure that its facilities and improvements in the affected area comply with the applicable fire
safety standards of such act and the resolutions from time to time promulgated hereunder (the
"OSHA Standards"), but there shall be no obligation to obtain any permits of any kind from the
City in connection with the construction, operation or maintenance of improvements and
facilities in the affected area not located within the corporate limits of the City. Nonetheless, the
Property Owner agrees that any structure built within the affected area shall be built in
accordance with the building code adopted by the City in effect at the time of construction.
The City and the Property Owner recognize that activities in the City's industrial
districts are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner
also recognize that the City may have an interest in activities in the City's industrial districts
that are regulated by other governmental entities. Nothing in this Agreement is intended to limit
the City's right and authority to communicate its interest in, or opposition to, those activities to
the applicable regulatory agencies or to participate, to the extent allowed by law, in any related
administrative or judicial proceeding.
VIll.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's
premises and the same right to examine the Property Owner's books and records to determine
the value of the Property Owner's properties as are provided in the Texas Property Tax Code as
amended.
IX.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the terms of
this Agreement, including the obligation to make the payments above provided for, the City
shall have the option, if such default is not fully corrected within sixty (60) days from the
giving of written notice of such default to the Property Owner to either (i) declare this
Agreement terminated or (ii) continue the term of this Agreement and collect the payments
required hereunder. Notwithstanding anything to the contrary contained herein, should the
City determine the Property Owner is in default according to the terms and conditions of
Section VII hereof, the City shall notify the Property Owner in writing by U.S. Mail,
certified return receipt requested, at the address stated in this Agreement, and if such default is
not cured within sixty (60) days from the date of such notice (the "Cure Period") then such
failure to cure shall constitute a material breach of this Agreement; provided that, in the case of
a default under Section VII for causes beyond the Property Owner's control that cannot with due
diligence be cured within such sixty (60) day period or in the event that the failure to cure
results from ongoing negotiations with federal or state officials, administrative proceedings or
litigation regarding the necessary cure steps, then the cure period shall be extended until such
negotiations, administrative proceedings or litigation are concluded.
B.
Default by City
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved
of all further obligations hereunder, but the Property Owner shall not be relieved of the
obligation to pay any amounts that accrued prior to such termination. In the event of
termination, the City shall have the right to repeal the ordinance designating the affected area
as an industrial district. Provided, however, if the termination occurs as a result of the
City's exercising its option to tenninate (as provided in the first sentence of this Section IX),
the City shall not have the right to annex the affected area into the general corporate limits of
the City so as to subject the affected area to ad valorem taxes for any part of the period covered
by the Property Owner's last payment hereunder.
X.
Notice
Any notice to the Property Owner or the City concerning the matters to which
the Agreement relates may be given in writing by registered or certified mail addressed to the
Property Owner or the City at the appropriate respective addresses set forth on the cover page of
this Agreement. Any such notice in writing may be given in any other manner. If given by
registered or certified mail, the notice shall be effective when mailed. With the exception of
annual bills for payments due herein, notice given in any other manner shall be effective when
received by the Property Owner or the City, as the case may be.
Xl.
No Further Expansion of Taxing Jurisdiction
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power
or authority of the City over or with respect to the affected area as prescribed by applicable law,
except as specifically provided in this Agreement. The Property Owner shall not be obligated
by virtue of this Agreement, or the establishment of the industrial district covering the affected
area not within the corporate limits of the City, to make any payments to the City in the
nature of a tax or assessment based upon the value of the Property Owner's property in the
affected area during the tenn of this Agreement other than the payments specified herein.
Specifically, the Property Owner shall not be liable for any City taxes within the affected area,
including, without limitation, City ad valorem taxes on taxable property within the affected area.
X11.
Reimbursement for Services
If the Property Owner requests and receives mutual aid firefighting assistance and
is a member of Channel Industries Mutual Aid organization ("CIMA") or similar
organization, the Property Owner shall reimburse the City for costs incurred by the City in
providing fire protection services to the Property Owner as shall be provided in the charter,
bylaws and agreements pursuant to which CIMA or such similar organization is organized and
operates. If the Property Owner requests and receives mutual aid firefighting assistance and is
not a member of CIMA or a similar organization, then the Property Owner shall be required to
reimburse the City for costs actually expended by the City in providing any firefighting
assistance to the Property Owner, including chemical and personnel costs.
XII1.
Declaratory Judinment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of
Harris County, Texas, for a Declaratory Judgment determining said controversy and the
cause shall be tried as other civil causes. If the controversy affects an Industrial District
Payment, the Property Owner shall, pending final determination of said controversy, pay to the
City on the due date the same amount which was paid to the City for the last preceding
period as to which there was no controversy concerning the amount owed by the Property
Owner to the City. The Property Owner agrees to tender any additional amount of potential
liability to the registry of the Civil District Court, Harris County, Texas, pending final
determination of the controversy beyond any further appeal.
XIV.
Assignment
This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit the Property Owner and the City only. if the Property Owner conveys all or any
part of the property then covered hereby, the Property Owner shall notify the City within 30
days of the conveyance and shall thereafter cease to be obligated with respect to the property so
conveyed and the Base Value shall be apportioned between the Property Owner and the grantee
based upon the property conveyed, only if the grantee thereof enters into an Industrial District
Agreement with the City with respect to such property so conveyed. No right or obligation
under this Agreement may be sold, assigned or transferred.
XV.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement
by virtue of being either the legal or equitable owner of a possessory estate (including a
leasehold estate) in the land comprising the affected area, which will not tenninate before the
expiration date of this Agreement. Additionally, the officers executing this Agreement on
behalf of the parties hereby represent that such officers have full authority to execute this
Agreement and to bind the party he represents.
XVI.
No Municipal Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5)
garbage pickup service.
XVII.
Severability
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. If it is not possible to so reform such provision, covenant,
obligation or agreement, such determination shall not affect any other provision, covenant,
obligation or agreement, each of which shall be construed and enforced as if the invalid or
unenforceable portion were not contained herein. Provided, further that such invalidity or
unenforceability shall not affect any valid and enforceable provision thereof, and each such
provision, covenant, obligation or agreement shall be deemed to be effective, operative, made,
entered into or taken in the manner and to the full extent permitted by law. Notwithstanding
the above, if the application of this Section XVII requires reformation or revision of any term
that removes or materially diminishes the obligation of the Property Owner to make the
payments to the City described herein (except in the event of a reformation that shortens the
teen of this Agreement), the City shall have the option to declare this Agreement terminated.
Will.
Complete Ameement
This Agreement contains all the agreements of the parties relating to the subject
matter hereof and is the full and final expression of the agreement between the parties.
XIX.
Non -waiver
Failure of either party hereto to insist on the strict performance of any of the
agreements herein or to exercise any rights or remedies accruing thereunder upon default or
failure of performance shall not be considered a waiver of the right to insist on and to enforce
by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any
right or remedy occurring as a result of any future default or failure of performance.
XX.
Ambifiuities
In the event of any ambiguity in any of the terns of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
same.
XXI.
Headings
The headings appearing at the first of each numbered section in this Agreement are
inserted and included solely for convenience and shall never be considered or given any effect
in construing this Agreement or any provision hereof, or in connection with the duties,
obligations or liabilities of the respective parties hereto or in ascertaining intent, if any question
of intent should arise.
XXII.
Choice of Law, Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution
to
or performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
XXII1.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by
the terns and conditions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf
of the Property Owner this t".Aday of 2019, and on behalf
of the City this day of _, 2019.
PURE SALT BAYTOWN, LLC
By:�
Printed Name
Title
STATE OF �c.c
COUNTY OF Pl §
Before me, QjQre , the undersi w °d notary public,
on this day personally appear , the ^ q-Cb jCjP pz-t
of Pure Salt Baytown, LLC, the owner of the affected pldperty, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me thisg4day of 2019.
&r'd 0 kt,4- -�yn to '
Notary &blic in and for the State of �5.
BONNYE CLARE SMITH
. • NOTARY ID N1o47197-3
• . My Cw=4sWn BOMB
March 10, 2021
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
WADE NICKERSON, Finance Director
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12
Exhibit "A"
STATE OF TEXAS)
COUNTY OF CHAMBERS)
TRACT 1
DESCRIPTION of an 11.583 acre tract of land situated in the Christian Smith League,
Abstract 22, Chambers County, Texas, out of and a part of that certain called 90.8 15 7
acre tract of land conveyed by Sharon Ellis, et al, to Bayer Corporation by Deed recorded
in Volume 265 at Pages 482, 496 and 502 of the Official Public Records of Chambers
County, Texas, and all of that certain 11.5852 acre tract of land leased by Texas Brine
Company, L.L.C., to Texas Brine Company Baytown, L.L.C. by Deed dated October 2,
1998 and recorded in County Clerk's File No. 98-384-173 of the Official Public Records
of Chambers County, Texas. Said 11.583 acre tract of land is more particularly described
by the following metes and bounds, to -wit:
NOTE: BEARINGS AND COORDINATES REFER TO BAYER NORTH PLANT
DATUM AND NOT TO ANY RECORDED PLAT OR INSTRUMENT.
BEGINNING at a %z inch iron rod found for the East or Northeast comer of a 2.748 acre
tract of land leased to Texas Brine Company, and the East or Northeast comer of a 2.664
acre tract of land surveyed this date, and the North or Northwest comer and POINT OF
BEGINNING of this tract. Said POINT OF BEGINNING having a Plant Coordinate of
N-3136.70 and E=10152.18.
THENCE: South 35°09'29" East along the East or Northeast line of this tract for a
distance of 267.43 feet to a point for the East or Northeast corner of this tract, and the
BEGINNING POINT of a curve to the right, concave northwesterly.
THENCE: Along and around said curve to the right, in a Southwesterly direction along
the East or Southeast line of this tract, said curve having a radius of 5479.58 feet, a
central angle of 08°52'53", and a chord bearing and distance of South 38'20' 10" West
848.54 feet, for an arc length of 849.39 feet to a point for the TERMINATION POINT of
said curve, the Southeast corner of this tract, and the Northeast corner of a 1.863 acre
tract surveyed this date.
THENCE: North 89°24'40" West along the South line of this tract, and the North line of
said 1.863 acre tract for a distance of 870.43 feet to a'h inch iron rod found for the
Southwest corner of this tract, in the Southeast line of said 2.664 acre tract surveyed this
date. Said point being the Northernmost Northwest corner of said 1.863 acre tract.
PAGE NO.2 — 11.583 ACRES
THENCE: North 54°50'31" East along the Northwest line of this tract, and the Southeast
line of said 2.664 acre tract surveyed this date, for a distance of 1520.00 feet to the
PLACE OF BEGINNING and containing within these boundaries 11.583 acres of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made by me in March,
2006 and that all lines, boundaries and landmarks are accurately described herein.
WITNESS my hand and seal at Baytown, Texas, this the 301h day of March, A. D., 2006.
vnDt
Ju ne Ramsey
Registered Professional Land Surveyor No. 4379
2838b-tr1.fdn.doc
STATE OF TEXAS)
COUNTY OF CHAMBERS)
TRACT 2
DESCRIPTION of an 2.664 acre tract of land situated in the Christian Smith League,
Abstract 22, Chambers County, Texas, out of and a part of that certain called 90.8157
acre tract of land conveyed by Sharon Ellis, et al, to Bayer Corporation by Deed recorded
in Volume 265 at Pages 482, 496 and 502 of the Official Public Records of Chambers
County, Texas, and out of and a part of that certain 2.748 acre tract of land leased to
Texas Brine Company. Said 2.664 acre tract of land is more particularly described by the
following metes and bounds, to -wit:
NOTE: BEARINGS AND COORDINATES REFER TO BAYER NORTH PLANT
DATUM AND NOT TO ANY RECORDED PLAT OR INSTRUMENT.
BEGINNING at a %2 inch iron rod found for the East or Northeast corner of said 2.748
acre tract, and the North or Northwest corner of that certain 11.5852 acre tract of land
leased by Texas Brine Company, L.L.C., to Texas Brine Company Baytown, L.L.C. by
Deed dated October 2, 1998 and recorded in County Clerk's File No. 98-384-173 of the
Official Public Records of Chambers County, Texas, and the East or Northeast corner
and POINT OF BEGINNING of this tract. Said POINT OF BEGINNING having a Plant
Coordinate of N=3136.70 and E=10152.18.
THENCE: South 54°50'31" West along the Southeast line of this tract and the
Northwest line of said 11.5852 acre tract, at 1520.00 feet pass a Viinch iron rod found for
the Southwest corner of said 11.5852, and the Northernmost Northwest corner of a 1.863
acre tract surveyed this date, in all, a total distance of 1540.00 feet to a point for the
South or Southeast corner of this tract, and the Westernmost Northwest corner of said
1.863 acre tract.
THENCE: North 35°09'29" West along the West or Southwest line of this tract for a
distance of 64.00 feet to a point for the West or Southwest corner of this tract.
THENCE: North 54°50'31" East along a Northwest line of this tract for a distance of
355.00 feet to a point for and interior corner of this tract.
THENCE: North 35009'29" West along an exterior line of this tract for a distance of
14.75 feet to a point for an exterior comer of this tract.
THENCE: North 54°50'31" East along a Northwest line of this tract for a distance of
1185.00 feet to a % inch iron rod found for the North or Northwest corner of this tract.
PAGE NO.2 — 2.664 ACRES
THENCE: South 35°09'29" East along the East or Northeast line of this tract for a
distance of 78.75 feet to the PLACE OF BEGINNING and containing within these
boundaries 2.664 acre of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the f9regoing field notes were prepared from an office survey made by me in March,
2006 and that all lines, boundaries and landmarks are accurately described herein.
WITNESS my hand and seal at Baytown, Texas, this the 3e day of March, A. D., 2006.
J ene Ramsey
Registered Professional Land Surveyor No. 4379
2838b-tr2Xdn.doc
STATE OF TEXAS)
COUNTY OF CHAMBERS)
TRACT 3
DESCRIPTION of a 1.863 acre tract of land situated in the Christian Smith League,
Abstract 22, Chambers County, Texas, out of and a part of that certain called 90.8157
acre tract of land conveyed by Sharon Ellis, et al, to Bayer Corporation by Deed recorded
in Volume 265 at Pages 482,496 and 502 of the Official Public Records of Chambers
County, Texas. Said 1.863 acre tract of land is more particularly described by the
following metes and bounds, to -wit:
NOTE: BEARINGS AND COORDINATES REFER TO BAYER NORTH PLANT
DATUM AND NOT TO ANY RECORDED PLAT OR INSTRUMENT.
BEGINNING at a %: inch iron rod found for the Northwest corner of this tract, the
Southwest corner of that certain 11.5852 acre tract of land leased by Texas Brine
Company, L.L.C., to Texas Brine Company Baytown, L.L.C. by Deed dated October 2,
1998 and recorded in County Clerk's File No. 98-384-173 of the Official Public Records
of Chambers County, Texas. Said point being in the Southeast line of a 2.664 acre tract
of land surveyed this date. Said POINT OF BEGINNING of this tract and having a Plant
Coordinate of N=2261.42 and E=8909.46.
THENCE: South 89°24'40" East along the North line of this tract and the South line of
said 11.5852 acre tract for a distance of 870.43 feet to a point for the Northeast corner of
this tract, the Southeast corner of said 11.5852 acre tract, and the BEGINNING POINT
of a curve to the right, concave northwesterly.
THENCE: Along and around said curve to the right, in a Southwesterly direction along
the East line of this tract, said curve having a radius of 5479.58 feet, a central angle of
01025'39", and a chord bearing and distance of South 43°29'26" West 136.51 feet, for an
are length of 136.52 feet to a point for the TERMINATION POINT of said curve. Said
point being in the North line of Houston Lighting and Power Company, 250 feet wide
right of way, recorded in Volume 276 at Page 469 of the Deed Records of Chambers
County, Texas, and the Southeast corner of this tract.
THENCE: North 89°24'40" West along the South line of this tract and the North line of
said Houston Lighting and Power Company right of way for a distance of 730.14 feet to a
point for the Southwest corner of this tract.
THENCE: North 35°09'29" East along the Southernmost West line of this tract for a
distance of 108.83 feet to a point for the Westernmost Northwest corner of this tract, and
the Southeast corner of said 2.664 acre tract surveyed this date.
STATE OF TEXAS)
COUNT' OF CHAMBERS)
TikbT 4
DESORIP'(ION of a 2:131 acre -tract of land situated in the Christian Smith League;
Abstraot 22, Chambers :County, Texas, out of and .a part. Qf that cQ W;i called 90;5157
acre tract of land, coaveyed by Sharon Ellis,, et al, to Bayer Corlsoration by Deed recorded
in Volume 26$ at pages 491, 4Q6 and 5d2 oMe Official l'ublaC. Records of Chambers
County, Texas. Said. 2.131 ache tract of land is more particularly described by the
following metes- and bounds, to -wit:
NOTE: BEA`EUNGS AND COORDINATES REFER. TO LAYER NORTH PLANT
DATUM AND NOT TO ANY RECORDED- PLAT OR INSTRUMENT.
COMMENCING at a'A inch iron- rod found for the Norlbw"t comer of that certain
1.8-63 acres (Tract 3, previously desoribed) and the Southwest comer of that certain
11,5852 acxetract of land (Traot't of 11.583 acres, previously described) !eased by Texas
B&e Company, L.L.C., to Texas Brine Company Baytowir, L.L.C. by Deed. dated
October �, 1908 and recorded in County Cleric's File No. 98-384-173 of the Official
Pohl a Records of Chambers County, Texas. Said point being it} the $outheast line of a
2.664 acre tract of land (Tract 2, previously described). Said POINT OF
COMMENCEMENT having a Plant Coordinate ofN--2261.42 mid.E=8909.46.
THENCE-. South 89°24f4 'r asYalong the Nozfh lMe of said 1. 63 acres and the South
line of said 1 L583 acres for a distance of 870.43 feet to a point .for the Northeast corner
of said 1.861 acres, the Southeast corner ofsaid 11.583 :acres and the. BEGINNING
POINT of a curve to the left, cohpave Northwesterly. $aid point belt in theVest line of
and being the POINT OF BEGINNING of this tract,
THENCE: Along and around said curve to the 1eft; in a Northea9terly direction along the
Vest line ofthis tract and the East or Southeast line of said 11,583 .acres, said curve
having a radius of 5479.58 feet, a deiitral angle of 080k"53", and'a dhord bearing and
distance of North .38p20s IV'East 848:54, forao am.length of'849,39feet to -a point for -
the TERMINATI.ON'POINT of said ctir%e: Said point being the Nort west corner of :this
tract and the East or Northeast corner o£said 11,583 acres.
THj3NCE' South 35¢05'29" East along the Alarth line of this tract for a distance of
106:94 feet to a point for the Northeast corner of this tract jgtbe West tight -of -way line
of F. M. Highway 1405. Said point beirig in. a cured to the -right) concave Northwesterly.
PAGE NO.2 _ 2.13.1 ACRES
THENCE, Along and around said curve to the, right, in a:Southwesterly direction, along
the East line of this tract and the West-right,.of:way line of saidF. IV,[. highway 1405, said
cui`v8�having.a radius of 5579�:58 feet, a -central angle o(i8°56'4S" and a.ohord bearing
and clistancQ ofSQuth 3 '39" West 87927 .feat; for•ati ate length of 87.1:15 feet. to
`point in. the North line of`Houston Lighting and Power Company, 250 feet wide right of
way, recorded 1A.Yolque 276 at Page 4690 the Desd ,Recprdt of ChaMbers County,
Texas for the Southdast comer of this tract.
THE.N(;E; Nofth 89a2 °410" West Wong the South= line. of this tract acid the North line of
said Houston Lighting and Power Company W feeYwide-tract- for a distance of 137.02
feet to a pojrik:for,the Southwest carnet` of this tract and. the Southeast -corner of said 1.863
acres. Said point being. the 13PtrINNING POINT of°a carve.to �the. Ye.k said curve having
aradius of547% $$ feet, a central -angle of 01125'39" and a chord hgmdng and distance of
North 43°2926r last.13.6.5-1 foot, for an are length of 1.36.52 feet to the>I;j..ACE 4F
IJEGiNNiNG and coutaining wtthin thosel oundanes233;1 acres oflattd.
9UR'VE OP,?S CERTIFICAIE
1; du`liene Ramsey, Reostered Professional I.=4 Surveyor -No. 4379, do hereby certify
that:the foregoing field notes wEre prepared from an office survey ttiacce byitte in April,
2011 and that all lidos,: boundaries anti landttiarlts are accurately°described herein.
WITNESS my hated and seal at Baytown, Texas, this the'21s` day of kpn'l, A, D., 2011.
J `tie Rampey.
Registered Professional LoAd Surveyor No. 4P9
1.1 �#R81.fdh.ckic
STATE OF TEXAS)
COUNTY OF CHAMBERS)
20' RAILROAD EASEMENT)
DESCRIPTION of a 0.4315 acre tract of land situated in the Christian Smith League,
Abstract 22, Chambers County, Texas, out of and a part of that certain called 90.8157
acre tract of land conveyed by Sharon Ellis, et al, to Bayer Corporation by Deed recorded
in Volume 265 at Pages 482, 496 and 502 of the Official Public Records of Chambers
County, Texas. Said 0.4315 acre tract of land is more particularly described by the
following metes and bounds, to -wit:
NOTE: BEARINGS AND COORDINATES REFER TO BAYER NORTI-I PLANT
DATUM AND NOT TO ANY RECORDED PLAT OR INSTRUMENT.
COMMENCING at a''/z inch iron rod found for the North or Northeast corner of an
11.5852 acre tract of land leased conveyed by Texas Brine Company, L.L.C. to Texas
Brine Company Baytown, L.L.C., by Deed dated October 2, 1998 and recorded under
County Clerk's File No. 98-384-173 of the Official Public Records of Chambers County,
Texas and the East or Southeast corner of a 2.748 acre tract of land leased to Texas Brine
Company. Said COMMENCING POINT has a Plant Coordinate of N=3136.70 and
E=10152.18.
THENCE: South 35°09'29" East along the East or Northeast line of said 11.5852 acre
tract for a distance of 13.14 feet to a point for the Southwest corner and POINT OF
BEGINNING of this tract. Said POINT OF BEGINNING has a Plant Coordinate of
N- 3125.96 and E=10159.75.
THENCE: North 54°52'34" East along the West line this tract for a distance of 565.97
feet to a point for the BEGINNING POINT of a curve to the left, concave Northwesterly.
THENCE: Along and around said curve to the left, in a Northeasterly direction along the
West line this tract, said curve having a radius of 454.57 feet, a central angle of
30°55'20", and a chord bearing and distance of North 39°25'52" East 242.36 feet, for an
arc length of 245.33 feet to a point for the TERMINATION POINT of said curve.
THENCE: North 24*51'36" East along the West line of this tract for a distance of 123.24
feet to a point for the Northwest corner of this tract; from which a fence corner post bears
North 64°52'23" West 12.27 feet.
THENCE: South 64°52'23" East along the North line of this tract, along and with an
existing fence, for a distance of 20.00 feet to a point for the Northeast corner of this tract;
from which a fence corner post bears South 64°52'23" East 21.85 feet.
PAGE 2 - 0.4315 OF AN ACRE, RAILROAD EASEMENT.
THENCE: South 24°51'36" West along the East line of this tract for a distance of 122.99
feet to a point for the BEGINNING POINT of a curve to the right, concave
Northwesterly.
TI IENCE: Along and around said curve to the right, in a Southwesterly direction, along
the East line of this tract, said curve having a radius of 474.57 feet, a central angle of
30'54'1 l " and a chord bearing and distance of South 39°26'26" West 252.87 feet, for an
arc length of 255.96 feet to a point for the TERMINATION POINT of said curve.
THENCE: South 54052'34" West along the East line of this tract for a distance of 565.95
feet to a point in the East or Northeast line of said 11.5852 acres for the Southeast corner
of this tract; from which a 1/2 inch iron rod found for the East or Southeast corner of said
11.5852 acres bears South 35°09'29" East 234.29 feet. Said 1/2 inch iron rod has a Plant
Coordinate of N=2918.06 and E=10,306.17.
THENCE: North 35109'29" West along the South line of this tract and the East or
Northeast line of said 11.5852 acres for a distance of 20.00 feet to the PLACE OF
BEGINNING and containing within these boundaries 0.4315 of an acre or 18,794.48
square feet of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an actual survey made on the ground,
under my supervision, on October 17, 2011 and that all lines, boundaries and landmarks
are accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 1 st day of November, A. D.,
2011.
i'�
J iene Ramsey,
Registered Professional Land Surveyor No. 4379
11-3962.fdn.doc
3 U �
U ANV�'
Exhibit A-1
STATE OF TEXAS)
COUNTY OF CHAMBERS)
DESCRIPTION of a 5.2109 acre tract of land situated in the Christian Smith League,
Abstract 22, Chambers County, Texas and being out of and a part of that certain called
90.8157 acres conveyed by Sharon Ellis, et al, to Bayer Corporation by Deed recorded in
Volume 265 at Pages 482, 496 and 502 of the Official Public Records of Chambers
County, Texas. This 5.2109 acres is more particularly described by the following metes
and bounds, to -wit:
NOTE: BEARINGS AND COORDINATES REFERENCED HEREIN ARE BASED
ON BAYER NORTH PLANT COORDINATES AND DO NOT REFERENCE ANY
RECORDED PLAT OR INSTRIIMENT.
BEGINNING at a point for the Northeast corner of a 2.664 acre tract (herein referred to
as Tract 2). Said point being the West or Southwest corner and POINT OF BEGINNING
of this tract and has a Bayer North Plant Coordinate Value of N=3,201.08 and
E=10,106.83.
THENCE: North 54°37'55" East along the West or Northwest line of this tract for a
distance of 824.52 feet to a point for an angle point in said line.
TI ILNCF,: North 23°5128" East along the West or Northwest line of this tract for a
distance of 0.56 feet to a point for the North or Northwest comer of this tract.
THENCE: South 66°03'06" East along the North or Northeast line of this tract for a
distance of 58.37 feet to a point in the Southeast line of said 90.8157 acres and the
Northwest right-of-way of F. M. Highway 1405 for the East or Northeast corner of this
tract. Said point being in a curve to the right, concave Westerly.
THENCE: Along and around said curve to the right, in a Southwesterly direction, along
the East or Southeast line of this tract, the Southeast line of said 90.8157 acres and the
Northwest right-of-way line of said F. M. Highway 1405, said curve having a radius of
5579.58 feet, a central angle of 09°43'56" and a chord bearing and distance of South
29°25'l 8" West 946.61 feet, for an arc length of 947.75 feet to a point for the South or
Southeast corner of this tract and the East or Northeast comer of a 2.131 acre tract (herein
referred to as Tract 4).
PAGE 2 - 5.2109 ACRES.
HENCE: North 35°09'29" West along the South or Southwest line of this tract, the East
or Northeast line of said 'Tract 4, the North or Northeast line of* that certain 11.583 acres
(Tract 1) described in Lease from Texas Brine Company, L.L.C. to Texas Brine
Company Baytown, L.L.C. dated October 2, 1998 under Film Code #98-384-173 of the
Official Public Records of Chambers County, Texas and the East or Northeast line of said
Tract 2 and at 374.36 feet pass a 1/2 inch iron rod found for the North or Northeast corner
of said 11.583 acres and the East or Southeast comer of said Tract 2; said point has a
Bayer North Plant Coordinate Value of N=3,136.70 and E=10,152.18; in all, a total
distance of 453.11 feet to the PLACE OF BEGINNING and containing within these
boundaries 5.2109 acres of land.
SURVEYOR'S CER`I'IFICA'TE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an office survey made under my
supervision in September of 2014 and that all lines, boundaries and landmarks are
accurately described therein.
WITNESS my hand and scat at Baytown, Texas, this the 11 th day of September, A. D.,
2014.
vv OF y�
iene Ramsey
R.P.L.S. No. 4379 co % � �u1
14-4430.fdn.doc ' JUUENE .RAMSE`% ..
............I.... ...
...
Hutchison & Associates, Inc. .off 4370
1209 Decker Drive Suite 100�o�° '
Baytown, TX 77520 aur�V
Engineering Firm #F-267
Surveying Firm # 100293-00
Exhibit "A"
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