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Ordinance No. 7,216950126 -2 ORDINANCE NO. 7216 • AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH KOPPEL STEEL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with Koppel Steel Corporation. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof 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 26th day of January, 1995. PETE C. ALFA , Mayor ATTEST: 1 1 EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR. City Attorney • legal /eouncil /january/1- 26- 95authIDAkopple • INDUSTRIAL DISTRICT AGREEMENT BETWEEN KOPPEL STEEL CORPORATION 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 KOPPEL STEEL CORPORATION, a Pennsylvania corporation, hereinafter referred to as "Company." W I T N E S S E T H: WHEREAS, the City 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 Bayt -own 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. § 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 enacted Ordinance No. 899, dated the 26th day of October, 1967, designating a part of its extraterritorial jurisdiction as an Industrial District known as . Baytown Industrial District No. 3; and EXHIBIT A L' • KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 2 WHEREAS, the City Council desires that all of Koppel Steel Corporation'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. 3; and further desires to enter into this contractual agreement with Koppel Steel Corporation for this purpose; and WHEREAS, Koppel Steel Corporation's Baytown Plant includes both real and personal property used in its tubular goods, manufacturing, research, processing and shipping 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 covenants and agreements herein contained, it is agreed by and between the Company and the City as follows: 1. The City 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. 3 by Ordinance No. 899 and amendments thereto shall continue its extraterritorial status as an Industrial District and shall not be annexed by the City 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 reasonably • KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 3 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 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 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 0 KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 4 of Baytown shall not be required to furnish (1) sewer service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5) garbage pickup service. With respect to water service the attached Exhibit "B" will apply. 3. The Company and the City 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 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 tax year 1995, 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 for financing the fiscal year in which such December due date falls. 0 0 KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 5 2) Tax Payment: The amount paid by the Company to the City as ad valorem taxes on that portion 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, iimprovements, and tangible personal property in the 9 • L� KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 6 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 the Company's Baytown Plant for the purpose of calculating the Industrial District payment in the manner described above, 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. D. 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. E. 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 on the due date the same 0 KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 7 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. 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 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 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 0 KOPPEL STEEL CORPORATION Do INDUSTRIAL DISTRICT AGREEMENT PAGE 8 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 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 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 facilities considering and giving effect to sound engineering valuation practices relative to service life, life expectancy, process and functional obsolescence. S. 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 DO KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 9 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 by the Company to the City. The Company agrees to tender the amount of potential liability to the City or 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 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 KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE IO Company within the area designated as Baytown Industrial District No. 3, or if the creation of any new municipality should be attempted so as to include within its limits such land or property, the City 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 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 after the effective date of KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 11 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 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. 3, 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 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 0 Agency, the Texas Water Commission, the Texas Air Control Board, J KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 12 and other related agencies are charged with such responsibility, nothing contained herein shall be construed to impose upon the City 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 in effect from the date this instrument is executed until December 31, 1999. 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 Company or affiliates within the area encompassed by Industrial District No. 3, 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 (500) percent or more of the stock having the right to vote for the election of directors. E KOPPEL STEEL CORPORATION INDUSTRIAL DISTRICT AGREEMENT PAGE 13 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 on the basis of the Company's violation of any standard or criteria relative to air emissions, water effluents, noise, vibration, or toxic levels, 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 6 Texas Property Tax Code by the Property Tax. Division, Comptroller KOPPEL STEEL CORPORATION D• INDUSTRIAL DISTRICT AGREEMENT PAGE 14 of Public Accounts, both parties mutually agree that said Contract shall be renegotiated to accomplish the intent of this Agreement. EXECUTED IN DUPLICATE ORIGINALS this the 19 KOPPEL STEEL CORPORATION BE ATTEST: Printed Name Title CITY OF BAYTOWN PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk 0 Icga1 /con1racts /K0PPEUndD1ST day of W 0• EXHIBIT "A" KOPPEL STEEL CORPORATION PROPERTY WITHIN INDUSTRIAL DISTRICT NO. 3, BEING: TRACT 1: A 40.0000 acre tract of land situated in the John Steele Furvey, Abstract ho. 277, Chambers County, '.'exa s, and bei na out of and ■ part of a 357.611 acre tract of lenri called '.Tract No. One in a Aeel from Theo Wilburn, et al to united States Ftsel Corporation dated larch 2, 1967, recorded in Voluw,e 2P3 at Pace 205 of the Deed vs,cords of Chaswhers County, ''eras. Fair 40.nnLlo acre tract of land is more particularly Aescrilhed by motes and bounds as follows, to -wit: Rrr,IN: rji'G at a_ 1/2" Pe -bar set for the Northwest corner of this tract of land in the Fouth anA east line of the Continental r1i1 Co. 10 foot right -of -way snr1 from this point the Southeast corner of $ai'! ?57.611 acre tract of land Nears South F°' 46' 30" Fast 5453.07 feet and concrete control monument Po. 2300 -7 bears Fouth 5n' 77' 44" Last 4618.34 feet aryl this PTGIVNIM corner has a Ftate Plane Coordinate Value of Y - 7n7,,?g3.55 aril X - 3,2111,OQP.20 ,Kr.'rr. Fast with the North line of this tract and the South line of said 10 foot riaht -of -way a distance of 1456'.44 feet to a 1/2" Pe -bar set for the Northeast corner of this tract of land T-F "CT youth with the Tast line of this tract of land a distance of 1100.00 feet too 1/2' Pe -bar act for the Sout'.ieast corner of this tract of land Tl{FNr"T West with the South line of this tract a distance of 1272.47 feet to a 1/2" Pe -hnr set for a corner of this tract of land, TwrW'r South 45' 58' 03' west with the Southeast line of this tract at 269.P1 feet set a 1!2- P.e -her in line for a corner of said 10 foot right -of -way, in all a total distance of 46].23 feet to an iron pipe set for the South corner of thi a tract of 1an-1 on the hank of rgciar Payou , P90.5° feet t0 the P'LACT of PFG1*'N7 Nr., coot a i ne na within saint boundaries 40.0000 acres of lancl. "wr.%rF with the South or vouthwrst 1 ine of thi s tract and the Peander■ of Cedar Rayou the followina courses errl distances: North 5A' 00' Wert 91.7° feet- North 7L' n0' wewt 7S2.77 feet to on iron pipe wet for the Fouthwest or West ccxn.r of this tract of lance. Tti'r?r,' Forth 45' 5A, 03" Cast with the Northwest or west line of this tract of land a distance of 657.47 feet to a 1/2" Pe -bas set for a corner of thi a tract of land in the Tast line of said 10 foot right- Of—&Y—?m r North with the West line of this tract anA thr Fast line of said 10 foot riaht- of -wav a distance Of P90.5° feet t0 the P'LACT of PFG1*'N7 Nr., coot a i ne na within saint boundaries 40.0000 acres of lancl. NOTr: ALI. PFAP1NG5 APT LAb'FPFP'r GP]T) Ar"I "(S A *'^ AL" Coop pINA -FS PTFT.P TO F7ATF pLAyT rrCl`vPINx F cv<7Tom". Soer"H CTN"TPAL ZONT, AS PeF]wrn PY APT]C1.T S300A OF 'rvT PFV I Fj0 C7i'I L 7"A7i1TS CAF THT S ?ATF OF T77rAF . W ,• 01/25/95 10:27 $713 977 5395 HOOVER BA% TRACT 2 -� 3r TEXAS i KNOW ALL MEN SY THESE PRESENTS: SCE \ 0, CHAMS -Ei5 2002/009 —; :,y ; yrrq� ,0I % G, :sue; =' : w,4�l;GA710N COMPANY, an Alabama corporation s::i3lled G:E.11or, fv.:3i1C: 1tS CQ16iL'�e'�i :lOCl Oi th t:x'�/r'i'i8nt of the s`E:rn of One 7wclue Tr,oasa :.t =v� ; iu d ®d Gciiars ;S' 02,50C.00) and for other good G",: V `::5�1° CQrISIdE'2 :��C13, tha rece;pt and sufficier'cy Ct which are hereby by Grafter, by t�esa p,ase�jjts do-as `ere -by grant, bargain, sell and Ke .t;:: -�qj Corporation, rereinater called the Gran:ae, then t;ac Or :and s :a;a ;a in Chanbea County, Texas, more particularly as 2s fallow&,. w wlv f A '14.964 acre track °. t6i1C, More Particuiardy descrned by metes ar7d ES follows: ==: ;NNiNC at :`o;:nd fc. the no,heast corner of this tract'Gf the mouth fine c. 0 38.743 av� ,'racy of ar;d ca:,ed �0 saes In a deed feted United ted j' jtes Steel Corporation to Hoesch Tabular Products f -c : z- awda,6 In Vo1;:n, z,--S a: 1a :s 2SS ry t► -e Deed Records of G1 ambers County, ;4s. From this co :jot ar, i:ai, red Io;:nd foi -the so;:theast cosier of said 4i acre ;�a: cars sas: 673.x% fao;. - �i ;s Sacitniny i:o3,jar i ;as a $tats Plane Coardlrate Va;4t� of Y = 706,557,x7 ancd X 67 ;,99. �iELCE sou:;: wiu� J'e ea$► ;i;.e oy t-)is tract of Land a d ;stance of 850.87 feet «, :5 'A tnch iron ro f 'ivund ,0 t';e seutL6a3t cornet c` this traCi of land in `Lhe sa�rth ii• -+' Ui �5 ;.�. 3�J7 -i� i y oG G uuC� 0,1 l;;id and in the north iine o; a 128.322 acre tract of ::o, ;v�:yod to Un' ec S:a':cs dtilai CorpOrotio,� ty N,cDa;,au5h CO­ by ceed dated _ -u ;:;;, s �7, and recc:dsd i;. V_1:. ;,1a Zc "8 at rage 394 of 1,1E Deed Records of arr.' :c -s C:ownry as , nn- ''''S co;r..6r. aa, i,on red o u n d forge no�;eas: cc:ner r26.322 iota ii;Gl JT %L 830 012' 00" $SBt 1,318.29 i2$t i , . =NCE sOL•u; Z8' 12' GO" WZS, Wei i the SOJi.}1 ;i�i8 Df i�I-S 41&04. ti'.E S0 t.h Ii1A ;;57,6'I ` acre tract ar�d '-a nor: :k ii, -,© of said 126.322 acre tract o. land, at E- 4;'.5-7 feet sat a If! Ir.c`, ire:. r,,)o In :rte, in ali a toza, distance of 662.53 feet to a 5011t11W6si COici Ort�.i',1 zraCi of ]2nd Or, t;it' oast bank of Cedar aayou, �.E in a , ;c�- Orly c :rte; :tor i vj: h the wast iine of this tract and th,e east z--' ;,;;dar Sayc:a .;..�5 i0 ;iJ1"J ;rr oau °;es: �.ortj' 14' GN' '7" west 114.24 feot; nart.'� 42" oust 24.34 :r 14° 34' vi" east 37.54 rEei; llCfiil 28' 23' 23" WAS: 2� 5z--_ d'C11 5N ?� W_; ST tc hklS WdOE : VO 56 e bz Nur W 0 • 01/25/95 10:28 '$713 977 5395 HOOVER BA% Z003/009 -h 27° µ S -st 219.61 feet-, rlctt`I 55° 09' 34" east 11.27 feet: no:-ttt west 70.24 fes : s. wt%-, E20 57' 57" was: 113.86 fee.; north 58° '13' 12" wart 12' 3„' 29" vv;�st 48.0+ ee }; earth 45° ►i;' 35" west 30. GS fee: to a : ,e nerthw a: =r :er Of ►i',S 6 ECt of iand an;; the southwest comer 0'F �® -cr8 tra= 0'' l2 1d. : ° C'o5i E i�Ort:WES; IInB Oi t'IS t oCi 8CG! `ZB wi!;. t -�`{E r0!�. =r:° Jv' G3 of Said 4.0 ec.—a ::d= , Er, 3C.Q52 feet found a 112 inch iron rod In line, in a,1 P zo ;;;stance of 4sis,24 fae, :o s 518 ir:ch iron rod four�o fcr the most ncrt ►ern - �:ast comer of :pis •,rac- or land and a comer of said 4G acra tract of land_ : cNCti. bas: vx' : - a �,orc'r, i;r:e of tz:S tnac`. and �,t south line of said 40 acre of 595.43 p:a06 of i'egirining, ccr:tt3ining within said -e:;: ids. ins 14.964 aC, es ox la b ' i G situate In, the Jc! iii S�ea:a Survey, Abse'ac:227, Chambers County, being out r, an-Q4 a pal—. of E cerbaln 367.1511 acre tract c. [and conveyed by et. ai•, o hilted States Steil Corporat;on by Deed doted March 2, tS;;? :eccrcled in VOIut"le 2'ii3. pa ga 245 of the Deed RecorCs of Chambers County, e�. 00,'%VEyed ;:y ui �i;ed S etes Steel Coj-porst;on to Warrior & Guif Navigation by Dead catad Novarloe- .7, 1989, recorded in Vclurne 252, Page 268 of' t:-a heed Records of C,-Arnbers ��un y, T exas. A cerpe,u ;, r,o��- exdi�'sit�x easemon', in and to the `allowing descr'i'ed .,-Qad situate ir, Char:`ibars Ccir rvty, Texas, rare par.f.cularly desci ibed as ;;Ot;NING a, F;.i� : ,:, :'r.e oe:1':er os Zhs exdst;ng road and in the west right of F. M. Highwlzy Nv. 30C fact right of way, rrorn this point a 1 -114 : , ;-e e of the v j � st rig' of wa y li:18 0" Ca�a,,:ed iron ., . NNo. 1406 with t,I:G Mz::-. Isla of said 357.81 ► acre trams of land bears south Lti," 6zat Gv,`?,G fao-'6. point; has a Sate Diane Coordinate Value V.' y/ IJJ,_.�5.64 arc = 3,2gE,Qq;i.S2. SGi�t'`. C:r° SQL' .:" �l.�El_.'. 1IJ;i i :�� C9iii�.'� 18 ✓3i� a IS eX:Stlrig road, 2i oss ` " -.a o-1"ca ;i�.tr v:- : ciiC S67.a i i ec.e, :fact 51d tilt.' east llne Ci :Si3iCi 'L•:r,',�. ,ti. -�:� iioCi Oi ItL%�, ,.. t..: iv ui Giotzrice of 3,c,59,65 feat t0 S pcij-t for a PI in .1 ILL. Qf thIs - -'- l:N iF- wltil ��.. �.:i :���;i.t ti :n:$ ;Oral hie i�vVU: i�, G:v�303; sou:oh 8V ZS' 4G,b7 feet; 78" 44' MZ" was; 98.37 fee:: ro " 60' 13' 09" west 97.07 ::. .'.O':;`, [�• ° 24' "4' %vasL' G8. +:� 'i S' Sad.' -.6" �k'6o at 87.3.33 feet c:O�s t��3 ,. `:•`:. r,, s- �2.�i.J, -f.: arc ,�a�. an C 3vu��i fi�ru� .'.i jsli's 55/.011 fiCrC�' traCl, in olI of 99.2 -4 . :�i:•Ek r.c; �� ��:� O�' 05" wr:5i 56.2�`S ioat; SOI: {ill L�7* 45' V'" WCSt 1 �-• -'r ir' �$ ire of a 14.964 acra tact t•.:1.-s :fiiltell, ie in til- ea . i . %Ii :yad this :�'�. A 5, .. } :: yr i rod fauns :.r u �e scu:heas; corner c. said 6Tk-Z 5N t� OZ :ST S6 , trZ t-U-9 `•d WdTE:179 S6, VZ W Z u i 01/25/95 10:29 $'713 977 5395 HOOVER B.AX Z004/009 : G ->!N'u;n ;a .;,�� Sias;z Survey, Adsttac•. Vo. 227, Chas leers Coun:y. an: deinc vu: Wf ana a p =r; of a 357.611 acre tract called Tract yo. Cane teat Il ,.d to U: tEd Sta ^as .e�. Co�-pora4cn 'ay �:,eo WiibLn, et. aid, ;3y Deed _.::•:rd :,'.�:c 2, 1,GS7, racorced l.I Volume 253 at Page 205 of the Deed Reco.ns -�ers Cou'nzpy, :'exas, a-,a Qi. JJn-c out of end a par.' c'i a 126.322 acre tract of .�'�. [:��:VC!ev t4 Lr'�i�L'i� Jig. i'.�1G Steel Corporation cy 1Mcuonough Co., by Deed dated : 37, and recorded in Va ;;::ra 288 at Pegra 394 of •".ha Dead Records of C CUnty, t taxes, znd Rzac Easern ant, granted by Un red Stat6S Steel to Warrior 11 Gu + Navigaticn, dated Novermbe, 17, 1989, recorded in 252 at Page 27' of Lhe Deed Records cf Chambers County, Texas. 0" ZIE i HER wct�h air sand s;nguiar the irnprcve:nerts, ways, waters, a=retiona, S� :beM %S, pnricegas, hereditaim.,arts and appurtenances whatscever thereunto .✓C.'1 �"I�u ~Ly, ar in anywisa and the reversions and remainders, rants, issues c'.:. �:G:�'w I. i, f, ani 2: :So ell t'.? Sstate. eight, true, iri16r6$t, use, trust, property, cfaiir anC iernariC W?;ataoever of G ar0r• In iaw, equity or 0,her,. Ssa of, in. to cC oLb Of L1b Serle, TO GRA 70R, ITS SUCCESSORS ANi3 ASSIGNS ARID EXCEPTING 1 r ;�RE�'RCM: A C..aimpage easa: ~..nt 2o .r.., ;r, wi,.�t� lb-oatwaze:-t ots'ier rands of Grantor known as _ran Cedar Bavou, ;r,e ,nort;l ,;;,a of whlc: begins at an iron rod set ire the noc - -.aast zo: ner of th5o &.-dove dasc: Ibec pramises and thenca extends west a distance =eat tc an is - red se; n the noh-west earner of tna above descriped 'ii... r_-`� c'.�. thence $ ,:l'�1 4J° :.G` 0J -' wFast a distance ab 4.570.11 feet to the e2st bank sayou. Grarltvi Sea:: ` fe w a right and obiigation to use, maintain, repair at Grantor'$ cost' the a ::.&said 25 foot wide drainage easement for as as Grantor requirs3 the u is A ion- exolusive rorpar6ma road aase-rnent 50 fert in width, which is the westerly +cr. cf an existing ,zap: 6atwee.. F. M. H:UL gay No. ;405 and the above eS5e7rell Yegins at a paint on the east fine of the premises of the -�� iOC(C Niye road, which pair,i t'5 62.37 feet nortl; of the :i�71 .' :r: wfitati r: corner C,: i;.:. r.'i'.'.�1�85, thence Scutt 97° 45' 01 " west 59.37 feel, thence 44' 22" wee; soul; L 684 5c ' 50" west 62.75 feet to a o:nt idle of t`z pr eri ises. t ltd• par�1 whicz UeS h. its road esserne:lt shall er :c repair t�E Sa .iv ;ri trldr. *.1G ;arty uses the ease,nont, the .,,a, its, :>wnce and repa;: costs ba apportioned betweer, or wrong the parties. u \DEti A:tiD SLIEJ;ECi 70: A.i 5d va;orern r,Qz yet due or payable, 1=sements, -way or covenGnts recorded ir, Cha.mbe;'s Texas. • FSS2 ZSF- 505 e110aE) SN �W TZ:S6 SG- 17E ruin b'd S6. V2 Ndr W r• 01/25/93 10:29 $713 977 5395 HOOVER BAX 2005/009 rQyaity i'tairsst 1'i 2'd :u 6ii oil, gas and ether r;i"sna,als on, in, undar or 'a proauck ;;err tie ;.:erases as se ► io- � or. a certain dead fron �.. :1. rlbur(1, e;. a ., :c ► �a Grn,,Ixr dates Marc! 23, 1967, and recordad in =uj Dead of 'Records in C ,&saber Ccunty, T exas. Q -AVE AND "v ; ,C} -� f: -Ij5 sana to and for ;rte proper use and bah=f of covararts to w2rf8,-'t 6f7d :;ue to the sbov;, o:err,;ses agai a; :�e CiBIMS of all Persons 1 +rti:,,'••::i:,rl:'1l+r: lawfully 'i; ro:iQi er tinder the Grantor and nc' othP1fJ15 @. :� 'A1 NESS Wi"'REOF, .� 3:anta: has caused t�1is Ge ®d :o be CU: a"id scaled a:, ' iz ,�fc�.. _ day of Oacembar, '1994. ► a =;sm A Secre;a �y WARRIC;R & GllW NAVIGA y ION COMPLY By ice President - Finance .i. aj;� =:sT S6. rc W S d Wd2C:90 S6. t72 Ntf W u 01/25/95 10:30 $713 977 5395 HOOVER BAX ".v. -.vZ;L .EYED yr ;~N Q" &VA NA i SS: Gr, X113 tf!` 'Ggy o'A r ,,., ;" 1994, Wore me, a Nctary ��• c, pi;r.,Jnaliq appez;ad .. W. Sc"::ite, who a;;kncw,edgeo himself to be tiie Vice & Gas% Company, and that he as such o°ficer, �eir9 �:�.o:izad to do so, executi:d ti;a fa�oing inst, ^.orient fo; ;he purposes therein �y signing the harm of Cor;�o:ation by himse1; as such officer. ;; WIT NESS 1� "J-c,0F, I �;�:va hem-i:o set r,�y `mrd and official seal. ,: :a7ii v. —5— INCtary public Z006/009 z8z SO' e42�n SL+' b.� M-ST S6' D2 NU 9'd IJ E:b0 SG. bZ NHr • 0 JAN 24 '95 O4t34PM r� gN 24 '95-15223 ". !IS G•RCLP 605 "^e ? TC ?_ E$ 600/6001A ;m) %Nqc_ ♦ ti Z C t J IL S � .c ' t► a a a ��e rqy � � � t � ♦ •,� � �,��,` � •fit~ S , __ t � 1 � � 1 � ■� �, S { Kkwvv/IN� I.w .C% Ci G' 1 } AS i 1 i i n i is P.9 i r '• i � � STS � � fa .a � f \rrr+++ a •1. 'Al �I r 1 ti F 1 9 ir' '. M -• /.t• d. 4r #�-e .W A 'jt• �� ` I.w .C% Ci G' 1 } AS i 1 i i n i is P.9 i r fa .a 9 ir' '. M -• /.t• d. 4r #�-e .W A 'jt• �� ` YD'S HaA00H SB£S LL6 £TL.S T£: OT 96 /SZ /TO • SAVE ANO EXCEPT FOR THE FOLLOWING TRACT WHICH. HAS BEEN ANNEXED BY THE CITY OF BAYTOWN: Beginning at a point on the existing City Limit line, said point beinq at the waters edge of the West bank of Cedar Bayou Stream, also said point having a Texas plane coordinates value of x = 3,290,722.19 and y = 706,361.94; THENCE, North 45' 58' 03" East along a line from the West bank of Cedar Bayou Stream to the East bank for a distance of 303.74 feet to :..point; T)-ENCE:, North 45' 58' 03" East for a distance of 461.23 feet to a point for a corner, said point havinq Texas plane coordinates of x = 3,291,272.17 and y = 706,893.64; Tom- =, North 90' 00' 00" East along the South boundary line of a 40.0 acre tract of land situated in the John Steele Survey, Abstract No. 227, Cherbers County, Texas, and being out of a part of a 357.611 acre tract of land called Tract No. One in a deed from Theo Wilburn, et al to United States Steel Corporation dated March 2, 1967, recorded in Volume 283, Page 205 of the Deed Records, Chambers County, Texas, for a distance of 4.8 feet to a point for a corner; THENCE, North 00' 00' 00" East for a distance of 1,100.0 feet to a point for a corner, said point being on the North boundary line of the aforementioned 40.0 acre tract and having a Texas plane coordinates x = 3,291,276.96 and y = 707,993.64; THENCE, North 90' 00' 00" West along the North boundary line of the aforementioned 40.0 acre tract for a distance of 188.76 feet to a point for a corner, said point being the most Northwestern corner of said 40.0 acre tract, also said point having Texas plane coordinates x = 3,291,088.20 and v = 707,933.64; T} -EnCE, South 00' 00 00" East along the West boundary line of said 40.0 acre tract for a distance of 860.59 feet to a point for a corner, said point having Texas plane caardrnate3 x 3,291,088.20 and y = 707,133.06; THEN --E, South 45' 58' 03" West for a distance of 652.47 feet to a point for a corner, said point beinq on the East bank of Cedar Bayou Stream and having Texas plane coordinates x = 3,290,619.12 and y - 706,679.54; D-ENCE, South 45' 58' 03" West along a line from the East bank of Cedar Bayou to the West bank for a distance of 303.74 feet to a point, said point having Texas plan.. coordinates of x = 3,290,400.75 and y = 706,468.42; THENCE, North 54' 07' 58" East along the waters edge of the West bank and the City of Baytown existing City Limit line for a distance of 147.15 feet to a point, said point having Texas plane coordinates x = 3,290,519.99 and y = 706,554.64; THENCE, South 46' 22' 39" East along the waters edge of the West bank of Cedar Bayou Stream and existing City Limit line for a • distance of 279.31 feet to the Paint of Beginning, containing 9.724 acres of land, more or less. • 01/25/95 16:47 $713 977 5095 HOOVER BAX JAN -24 -1995 08:27 }COFFEE 5 � �tL c.uv�. 1 11/ CITY OF BAYTOWN 2401 bLARM P..O_ B=424 JELAYTOViN, TA 715224424 (713) 42L4281 January 12, 1990 hr. Rolf Weber Hoesch Tubular Prodocts Company ism) P. Q. Box 779 Bayto -n., T-r.. 77522 -0779 .2002/004 Dear Mr. Weber: Hoesch Tubular Products ComFazL� eo�ect to our water line upon payment of the 51,004 pert cre coz=ectioa fee - There are no other tees due for -rater sexa-ice. You will need to obtain permission from others to construct goux service line across their eaze,==k.s and /or Your contractor will be responsible 'for -akin the tap onto oar line and setting the water Teter_ The meter must be either purchased from the City's Utility Office at City Hall or be one on their a:. zoved list of maters. Please contact and work with our city Engineer Mr_ Kent Laze who Will assist you towards completion of the proposed project. We are looking forward to serving you with water service. Whenever you desire the sever service we will be ready to assist also. Sincerely, Mdrzan Dykes, P - E - Asst, City Hagar ND: C=,k cc: Kent La2a caf EX HINT B 0 01/25/95 16:47 %Y713 977 5395 HOOVER BAX JR4-24 -1` 1601 e= nurrcy. a - __ w1 -� r O� m TUBEMAR PRODUM COMPANY P.U. B= 779 SAYTOWN, TVAS 775ZWI January 6, 1990 Mr. Mormon Dykes city Engtueerivir. of Public 'Works City of R27tgVn P.0- Box 4z4 $aytovn, =exa.s 77522 Z003/004 Dear :[r. Wkes, with refezvmze. to your letter, dated May 15. 1989, and to our recent discussion with the Mayor regrrding utility supply to 82P, ve would like to apply for the co=ecticn of M to tht city's water line, installed for the VSR Busizess Park. Since Ri'P maint.zin5 ;tie own surer system, it would be convnaient for n.s to Connect oaly to the water line aov sad to the city's setter system at a later date - as indicated in your letter, the city would charge a connection fee to the water lias of, $1,6Oo -00 per developed acrs- Zr is our . understanding char ao charge would be applied to the city's sever spszeM until the date W is ca=ectsd to it. M's prapercy comprises of a total of 4Q acres, but only 723,307 sq- ft. = 16.6 acres are so far developed, which would amount to a connection fee of SI6,600.00. Please provide us with all wadi =ions required for the Coaaeccion procedure, as well as with the conditions for the city's .Ater service. Meanvaile, I inforzed my parent avmWZY is Germany, wbo has to give the final approval. our time -frame to be comascz&d to the -ater lice is Lixs end of February 1 990, pending your approval of our application =d the approval of our parent eomrpany. Your early reply would be appreciared. S iacerely, . Ralf eber - RV: s s IR 0 • 01/25/95 16:47 $713 977 5395 HOOVER B.AX TQW -z4 -1 174gS 91R : 2-o Kutl-=I— 7 1 CCL �.uxsr, . J L � [004/004 BAYTOWN P03T 4 iGE BOX 424 • Mn7HQIW 4==n • AREA CODE W • $Ay'rOW1c. �S 7TH Za7 15, 1989 Mr. Rolf Veber Hoescht Tubular Products p- 0. sox 779 Baytown, Texas 77522 Dear fir. Veber; in reference to your rearrest for rater and s&w er service From the new lines than have been inst4l1ed alon8 Spur 55 to service tae USR Realty Su6iuGSS Park. I have studied our rules and regulations in regard to your connection to the Berviaeta The City's policy as Y have Stated to you previously. water the per acre connection fees to hose desiring the shares service. The acreage fees should be calculated an the actual acreage rased by the buaineas. This Would include parlLing, pipe ,Storage yards, building yard, etc. that are a part yr the busines6. the vaeant land which is unused will not be ,barged until is h date as ;1,000.00 parr acre developed. .Charge for,acrreraiae water $2,000.00 per sl, acre. •If you should desire either &f these s:rrzcea, please - contact me. Sincerely yourse Norman D7kea, P -E- City Eneineer /Dir- of public Vorkc IiD - tP TDTPL P.04