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Ordinance No. 9,0892001111 -16 ORDINANCE NO. 9089 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 SAW PIPES USA, INC.; 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 SAW Pipes USA, Inc. 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 l l th day of January, 2001. PETE C. ALFARO, Aayor ATTEST: i 1 _ GA W. SMITH, City Clerk APPROVED AS TO FORM: anf,IACIO RAMIREZ, SR., ' Attorney ® c:klh259\ Council \Ordinances \SAWPIPESIDA.Ord i ® INDUSTRIAL DISTRICT AGREEMENT BETWEEN SAW PIPES USA, INC. AND CITY OF BAYTOWN, TEXAS n This 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 SAW PIPES USA, INC., a Texas corporation, hereinafter referred to as "Company." WITNESSETH: WHEREAS, Baytown has a history of cooperating with industries located within and near its city limits; and WHEREAS, the City Council of the City of Baytown is of the considered opinion that such cooperation results in economic growth and stability for Baytown and its adjacent areas; and WHEREAS, the Texas Legislature in 1963 adopted the "Municipal Annexation Act," Article 970a, Revised Civil Statutes of Texas, (now TEX. LOC. GOV'T CODE ANN. § 42.044) which provides for the creation of Industrial Districts within the extraterritorial juri sdiction of cities; and WHEREAS, pursuant to such Municipal Annexation Act and in the interest of further cooperation with industry and the economic enhancement of Baytown, the City of Baytown enacted Ordinance No. 899, dated the 26`h day of October, 1967, designating a part of its extraterritorial jurisdiction as an Industrial District known as Baytown Industrial District No. 3; and WHEREAS, the City Council desires that all of SAW PIPES USA, INC.'s Baytown Plant and facilities as described in Appendix A, be included in the Baytown Industrial District No. 3; and further desires to enter into this contractual agreement with SAW PIPES USA, INC., for this purpose; and WHEREAS, SAW PIPES USA, INC.'s Baytown Plant includes both real and personal property within the corporate limits or extraterritorial jurisdiction of the City used in the operation and conduct of the Company's business, 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 Company and the City of Baytown as follows: INDUSTRIAL DISTRICT AGREEMENT DDI� SAW PIPES USA, INC. PAGE 1 ® 1. The findings contained in the preamble hereof are declared to be true and correct and are hereby adopted. 2. The City of Baytown hereby agrees that all of the land and improvements thereon owned, used, occupied, leased, rented or possessed by the Company within the area designated as Baytown Industrial District No. 3 by Ordinance No. 899 and amendments thereto shall continue its extratemtorial status as an Industrial District and shall not be annexed by the City of Baytown nor shall the City attempt to annex, or in any way cause or permit to be annexed any of such property during the term of this Agreement, except for such parts of Company's property as may be necessary to annex in order to annex property owned by third parties within the Industrial District that the City may decide to annex. The City further agrees, promises and 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 either the Industrial District area described in Appendix A or certain portions of SAW PIPES USA, INC.'s Baytown Plant and facilities which have been annexed by the City of Baytown, which areas, both annexed and otherwise, are jointly described in the map attached as Appendix B, 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 the property described by Appendix A any ordinance, rule 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 Company shall not be required to obtain building permits for construction of structures, other than those structures that enclose a space used for sheltering any Group A, B, E, F, I, M, R, and S occupancies, as defined in the Southern Standard Building Code and that are located on the annexed property within the area described by Appendix B, but the Company does agree that any structure built within the area described by Appendix A shall be built in accordance with the latest edition of the Southern Standard Building Code. 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. 3. It is further agreed that during the term of this Agreement the City of Baytown shall not be required to furnish municipal services to the Company's Baytown Plan t, which are located within the Industrial District or the annexed areas noted in Appendix B, ordinarily and customarily supplied by the City to property owners within its boundaries, except as provided by mutual agreement. Specifically, but without limitation, it is agreed that the City of Baytown shall not be required to furnish (1) sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5) garbage pickup service. 4. The Company and the City of Baytown recognize that in the past the Company has paid to the City a share of the needed revenue for operating the City and providing services for its residents. It is further recognized that during the next succeeding seven years the City of Baytown will experience population growth as a result of industrial expansion which will necessitate increased revenue to provide expanded services and facilities. In view of this increased need for revenue, beginning in 2000, the Company agrees to pay the City of Baytown an Industrial District payment on INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 2 ® 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, multiplied by the property tax rate per $100.00 of assessed valuation adopted by the City Council for the City of Baytown for financing the fiscal year in which such December due date falls, and multiplied by the applicable industrial payment rate as detailed below. AROF _y INDUyS,TtIAL t'y E 1�.1 S[kYt� tR` I VAI:VATIb`N= `< WRE dTk"S E{`" °�gh✓S F+3'' iPi'ztKR+»Mm, €' t � PAI�ME�NT RAETE� � � �� 2000 .45 2001 .48 2002 .50 2003 .50 2004 .50 2005 .50 2006 .50 (2) Tax Payment: The amount paid by the Company to the City of Baytown 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 INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE �1 I C. The appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that,said District is not required to appraise the land, improvements, and tangible personal property in then 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 in accordance with the market value computation contemplated in the Texas Property Tax Code for the purpose of calculating the Industrial District payment in the manner described above, the City may choose to use an appraisal of the Hams 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 of Baytown on the due date the same amount which was paid to the City for the last preceding period as to which there was no controversy concerning the fair market value of the Company. Adjustments to this amount shall be made within thirty (30) days of the resolution of the disagreement. 5. Furthermore, the City hereby agrees that for all new construction of the Company, which is located within Industrial District No. 3 with value greater than $20 million, the industrial district payment shall be calculated, subject to the limitations provided herein, as the fair market value, as determined by the City of each new construction project multiplied by the property tax rate per $100.00 of assessed valuation adopted by the City Council of the City of Baytown for financing the fiscal year in which such December due date falls, and multiplied by the applicable new construction industrial district payment rate as detailed below. Such computation shall yield a product which, for purposes of this agreement, shall be referred to as the "new construction industrial district payment." INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 4 Such new construction industrial district payment rate shall apply only to qualified, new construction and then only to the extent that the value of the Company's Baytown Plant located in Industrial District No. 3, exclusive of such qualified, new construction, equals or exceeds the market value of the Company's entire facility as of January 1 of the year immediately preceding the year in which this Agreement becomes effective. If, however, in any year the market value of the Company's property is less than such amount, then value of the new construction shall be added to the market value, and if such sum equals or exceeds the market value of the Company's entire facility as of January 1 of the year immediately preceding the year in which this Agreement becomes effective, the value in excess of such amount shall be a factor in computing the new construction industrial district payment.. This new construction industrial district payment shall first become effective as of January 1, immediately following the date of the start of construction if such construction qualifies as "new construction," as hereinafter defined, upon the earlier of the final completion of the new construction or the expiration of two years from the date of the notice of the start of construction. The City may allow, in its sole discretion, an extension of time to the Company in the event of unavoidable circumstances or a force majeure that causes a delay to the Company in completing construction, but nothing contained herein shall obligate the City to grant such an extension. For purposes of determining whether new construction is qualified for the new construction industrial district payment calculation, the City shall verify that the fair market value of the new construction after the expiration of two (2) years from the effective date of the new construction industrial district payment computation, equals or exceeds $20 million dollars. Thus, if after the two year period, the fair market value of the new construction is less than $20 million, the difference between the amount that would have been paid pursuant to the industrial district payment calculation and the amount actually paid pursuant to the new construction industrial district payment shall be recaptured by the City and shall be paid within sixty (60) days after written notice of the non - qualification of the new construction for the new construction industrial district payment computation by the City or its designee to the Company. In no case, shall the period to which the new construction industrial district computation applies, inclusive of construction and completion, extend beyond the term of this agreement. INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 5 ® The term "new construction" as used in this paragraph shall mean permanent buildings and structures, fixed machinery, fixed equipment and process units, site improvements and that office space and related fixed improvements necessary to the operation and administration of the Company, all of which commence subsequent to the effective date of this Agreement and whose value will exceed $20 million. "New construction" shall not include 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, any improvements, including, but not limited to, those which produce, store, or distribute natural gas, fluids, or gases which are not integral to the operation of the facility, property that has an expected useful life of less than fifteen (15) years, or any property owned or used by the State of Texas or its political subdivisions or any organization owned, operated or directed by a political subdivision of the State of Texas. Throughout the term of this Agreement, all new construction shall be valued separately and included in the aforementioned industrial district payment only to the extent that the value of the new construction is not subject to the new construction industrial payment district computation. In the event that the Company allows all or any part of its new construction industrial district payment to become delinquent, this portion of the Agreement, dealing specifically with new construction, shall be null and void; and all payments previously reduced by virtue of this section (i.e., the difference between the industrial district payment and the new construction industrial district payment) shall be recaptured and paid within sixty (60) days of the delinquency date. The Owner shall send written notice to the City of the date of the start of construction on or before thirty (30) days after project approval by the Company; provided, that if any prof ect approval by the Company occurred prior to the effective date of this agreement in the year in which this contract is executed, such notice shall be due on or before thirty days (30) after the execution of this agreement. Such notice shall include a description of the project along with a verified statement of an officer of the Company, who has the authority to bind the Company, that the project qualifies as new construction as defined herein and should be subject to the new construction industrial district payment. The Company agrees that the failure to provide the City with this notice prior to the start of construction shall constitute a waiver of any right or privilege to calculate the amount due to the City based on the new construction industrial district payment rate and that such new construction shall be factored into the full industrial district payment as described in section 4 of this Agreement. 6. Determination of City and Industrial District fair market values, in the above stated manner, shall be made by the City of Baytown and approved by the Industrial District Review Board. Such final fair market value as approved by the Industrial District Review Board shall be final and binding unless either party within thirty (30) days after receipt of the Board's determination petitions for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by Section 7 hereof. In determining the fair market value of property and improvements as used herein, the Industrial District Review Board shali'base its determination on the fair market value as defined in INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 6 ® article 4(c) herein, giving due consideration to comparable present day facilities considering and giving effect to sound engineering valuation practices relative to service life, life expectancy, process and functional obsolescence. 7. 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 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 registry of the Civil District Court, Hams County, Texas, pending final determination of the controversy beyond any further appeal. 8. All payments to the City of Baytown provided herein shall be made to the City at the City Hall in Baytown, Texas. If any payment is not made on or before the due date, the same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as would be collectible in the case of delinquent ad valorem taxes; provided, however, that this sentence shall not apply to any payment which may be found to have been deficient as the result of proceedings provided for in Section 5 hereof. The City shall have a lien upon the Company's property upon any delinquency in Industrial District payment. 9. If any other municipality attempts to annex any land or property owned, used, occupied, leased, rented or possessed by the Company within the area designated as Baytown Industrial District No. 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 of Baytown shall, with the cooperation of the Company, seek injunctive relief against any such annexation or incorporation, and shall take such other legal steps as may be necessary or advisable under the circumstances. The cost of such legal steps, including attorneys' fees (other than the City Attorney) retained by mutual agreement of the parties, shall be paid by the Company. Should the City refuse or fail to comply with its obligations under this paragraph, the Company shall have the right to seek such legal or equitable relief as it deems necessary or advisable in its own name or in the name of the City and, if necessary, the Company may join the City as a party to such legal action. If the City and the Company are unsuccessful in preventing any such attempted annexation or incorporation, the Company shall have the right to terminate this Agreement as to any property so annexed or incorporated retroactive to the effective date of such annexation or incorporation, or the Company may continue this Agreement in full force and effect; provided, however, that the Company's right to terminate this Agreement must be exercised within thirty (30) days after Judgment upholding such annexation or incorporation becomes final beyond further appeal. If any payment is made by the Company to the City of Baytown after the effective date of such annexation ® or incorporation and if the Company elects to terminate this Agreement as above provided, then as to INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 7 ® such property so annexed or incorporated such payment shall be refunded by the City to the Company. 10. The City of Baytown and the Company mutually recognize that the health and welfare of Baytown residents require adherence to high standards of quality in the air emissions, water effluents and noise, vibration and toxic levels of those industries located in the Baytown Industrial District No. 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 Natural Resource Conservation Commission, and any other governmental agency having legal authority in these matters. In this connection, it is recognized between the parties that these agencies are charged with the responsibility for enforcing air and water quality standards, and it is agreed that so long as the Environmental Protection Agency, the Texas Natural Resource Conservation Commission, the Texas Air Control Board, and other related agencies are charged with such responsibility, nothing contained herein shall be construed to impose upon the City of Baytown any responsibility, authority or right, by termination of this Agreement or otherwise to enforce any standards relative to air and water quality as are established by law, rule, regulation or permit. It is also agreed that no violation of any standards or criteria adopted by the City shall be a reason for termination of this Agreement. 11. This Agreement shall be for a term of seven (7) years from the date this instrument is executed and for such additional period or periods of time as provided by the Texas Municipal Annexation Act and mutually agreed upon the parties hereto. 12. The benefits accruing to the Company under this Agreement shall also extend to the Company's "affiliates" and to any properties owned or acquired by said affiliates within the area encompassed by Industrial District No. 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 (50 %) percent or more of the stock having the right to vote for the election of directors. 13. 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 INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 8 ® 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. 14. In the event the terms and conditions of this Contract are rendered ineffective or their effect changed by the Constitution, any Legislative changes, or any interpretation of the Texas Property Tax Code by the State Tax Assessment Board, both parties mutually agree that said Contract shall be renegotiated to accomplish the intent of this Agreement. 15. This Agreement shall not bestow any rights upon any third party, but rather, shall bind and benefit the Company and the City only. 16. 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. 17. The Company shall not sell, assign, or transfer any of its rights or obligations under this Agreement in whole or in part without prior written consent of the City. 18. 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. 19. 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 or performance. The place of making and the place of performance for all purposes shall be Baytown, Hams County, Texas. 20. 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. EXECUTED IN DUPLICATE ORIGINALS this theJ42ay of X*NeJAA.Y , R00% SAW PIPES USA, INC.a By G7� AAI- q*L /1n &. edAOOVJZ Printed Name S0r-,?ErA401 rAqEA rUR&X Title INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 9 0 ATTEST: --� -1 CITY OF BAYTOWN PETE C. ALFARO, Mayor ATTEST: GARY W. SMITH, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney c:\MyDocuments\Ccntract\IDA\SawPipes Renewal l 200 INDUSTRIAL DISTRICT AGREEMENT SAW PIPES USA, INC. PAGE 10 R�v"5Ej" :3/3I /'D PIPE MILL 59.5108 ACRE TRACT THE STATE OF TEXAS) COUNTY OF CF- PuMBERS ) FIELD NOTES• of a 59.5108 acre tract of land situated in the John Ijams League, Abstract No. 15, Chambers County, Texas, and being out of and a part of the following tracts of land. 1. Jones and Laughlin Tract No. One being that same tract of land described as TRACT ONE in that deed from Jones and Laughlin Steel Corporation to United States Steel Corz_:oration dated December 28, 1906, recorded in Volume 281 at Page 128 of the Deed Records of Chambers County, Texas. 2. Being a part of a former County Road known as McKinney and Cedar Bavou Road described in that Order discontinuing a portion of a road adopted by the Commissioner's Court of Chambers County, Texas, on April 10, 1967, Certified Copy of said Order being recorded in Volume 285 at Page 532 of the Deed Records of Chambers County, Texas. 3. Being a 219.502 acre tract and being a portion of USS Tract No. 5 -A in the John Ijams Survey, Abstract No. 15, out of TRACT ONE described in that deed from Truvy A. James and wife Ella A. James to United States Steel Corporation, dated March 6, 1967, and recorded in Volume 284 at Page 869 of the Deed Records of Chambers County, Texas. Said 219.502 acre tract being that portion of TRACT ONE lying between the West boundary of the Andrew Beard Survey and the East right of way of F. M. Highway No. 1405. 4. USS Tract 31- being 49.827 acres of land described in that deed from Ervin L. Laughlin, et ux, Chloe Delle Laughlin to UniteD States Steel Corporation, dated February 27, 1967, recorded in Volume 263 at Pace 43 of the Deed Records or Chambers County, Texas. 5. USS Tract 32 - being 49.948 acres of land described in that Deed from Emma Farr to United States Steel Corporation, dated February 23, 1967, recorded in Volume 283 at Pace 5 of the Deed Records of Chambers County, Texas. This 59.5108 acre tract or land is more particularly described by metes and bounds as follows, to -wit: NOTE: ALL BEr1RINGS ARE LA.MBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS _ DEFINED BY ARTICLE 5300A OF THE REVISE4�P_CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUN.. ALL DISTANCnE A_RE ACTUAL DISTANCES. — EXHIBIT A 0 PAGE NO. 2 - PIPE MILL 59.510- AC:�. TRACT BEGINNING at a 1/2 inch iron rod set for the Southwest corner of this tract of land. This BEGINNING corner has a State Plane Coordinate Value of Y = 700, 391.77 and X = 3, 301, 492.51. From this point the Northeast corner of the Jones and Laughlin Tract One-- bears North 73 deg 16 min 25 sec East 2284.56 feet and the Southwest corner of USS Tract 31 bears North 43 deg 06 min 21 sec West 774.87 feet. THENCE North 00 deg 01 min 08 sec West with the West line of this tract, at 534.85 feet cross the South right of way of McKinney and Cedar Bayou Road as closed, at 594.94 feet cross the North right of way of McKinney and Cedar Bayou Road as closed, in all a total distance of 1744.44 feet to a 1/2 inch iron rod set for the most Western Northwest corner of this tract of land. THENCE North 66 deg 09 min 48 sec East with the West line of this tract a distance of 5.30 feet to a 1/2 inch iron rod set for a corner of this tract of land. _ THENCE North 00 deg 13 min 15 sec East with the West line of this tract a distance of 71.93 feet to a 1/2 inch iron rod set for the most Western Northwest corner of this tract and the point of curvature of a curve to the right. THENCE in a Northeasterly direction with the Northwest line of this tract of land and said curve having a central angle of 50 deg 57 min 23 sec, a radius of 90.24 feet, an arc length of 80.26 feet and a chord of North 25 deg 41 min 56 sec East 77.64 feet to a 1/2 inch iron rod set for a corner of this tract and the point of tangency of this curve. THENCE in a Northeasterly direction with the Northwest line of this tract the following courses: North 51 deg 10 min.38 sec East 48.18 feet; North 09 deg 10 min 55 sec West 5.79 feet; North 51 deg 37 min 21 sec East, at 684.80 feet cross the East line of USS Tract No. 31 and the West line of USS Tract No. 32, in all a total distance of 695.40 feet; South 60 deg 07 min 25 .sec East 5.07 feet North 52 deg 00 min 30 sac East at 10.30 feet cross the North line of USS Tract No. 32 and the South line of USS Tract Rio. 5 -A, in all a total distance of 71.16 feet to a 1/2 inch iron rod set for a corner of this tract and the point of curvature of a curve ,to the right in the Northwest line of tFLs -tract. C %,1- ® PAGE No. 3 - PIPE MILL 59.5108 ACRE TPACT THENCE in a Northeasterly direction with the Northwest line of this tract of land and said curve having a central angle of 37 deg 27 min 03 sec, a radius of 112.10 feet, an arc length of 73.27 feet and a chord of North 70 deg 44 min 02 sec East 71.98 feet to a 1/2 inch iron rod set for the most Northern Northwest corner of this— tract of land and the point of tangency of this curve. THENCE with the North line of this tract of land the -following courses: North 89 deg 27 min 33 sec East 45.54 feet; North 28 deg 42 min 03 sec East 5.20 feet; North 89 deg 49 min 09 sec East 240.39-feet; South 83 deg 15 min 51 sec East 54.63 feet to a 1/2 inch iron rod set for the most Northern Northeast corner of this tract and the point of curvature of a curve to the right. THENCE in a Southeasterly direction with the Northeast line of this tract and said curve having a central angle of 47 deg 26 min 33 sec, a radius of 45.52 feet, an arc length of 37.69 feet and a chord of South 59 deg 32 min 34 sec East 36.62 .feet to a 1/2 inch iron rod set for the a corner of this tract and the point of tangency of this curve. THENCE South 35 deg 49 min 18 sec East with the Northeast line of this tract, at 17.72 feet cross the South line of USS Tract No. 5 -A and the North line of USS Tract No. 32, in all a total distance of 75.86 feet to a 1/2 inch iron rod for a corner of this tract oL land. THENCE South 59 deg 58 min 4o sec West with the Northeast line of this tract a distance of 2.00 feet to a 1/2 inch iron rod set for a corner of this tract of land. THENCE South 30 deg 01 min 12 sec East with the Northeast line of this tract a distance of 292.00 feet to a 1/2 inch iron rod set for a corner of this tract of land. THENCE South 25 deg 14 min 20 sec East with the Northeast line of this tract a distance of 84.49 feet to a 1/2 inch iron rod sat for the most Eastern Northeast corner of this tract of land. THENCE South 05 deg 24 min 40 sec East with the East line of this tract a distance of 95.07 feet to a 1/2 inch iron rod sat for a corner of this tract of land. THENCE South 00 deg`Ol min 00 sec East with the East line of this tract a distance of 806.71 feet to a 1/2 inch iron rod set for the most Northern Southeast corner of t is tract of land. PAGE NO. 4 - PIPE DILL 59.5108 ACRE TRACT THENCE South 89 deg 23 min 56 sec West with the most Northern South line of this tract of land a distance of 400.61 feet to a 1/2 inch iron rod set for an interior corner of this tract cf land. THENCE South 00 deg 01 min 20 sec East with the East line of this — tract, at 456.90 feet cross the North right of way of McKinney and Cedar Bayou Road as closed, at 516.99 feet cross the South right of way of McKinney and Cedar Bayou road as closed, in all a total distance of 926.55 feet to a 1/2 inch iron rod set for a corner of this tract and the point of curvature of a curve to the right. THENCE in a Southerly direction with the East line of I this tract and said curve having a central angle of 18 deg 53 min 22 sec, a radius of 559.33 feet, an arc length of 184.40 feet and a chord of South 14 deg 50 min 18 sec West 183.57 feet to a 1/2 inch iron rod set for the most Southern Southeast corner of this tract cf land. THENCE South 89 deg 57 min 40 sec West with the South line of this tract a distance of 909.40 feet to the_ PLACE. OF BEGINNING, containing within said boundaries 59.5108 acres of land. SURVEYED: January - March, 1993. SURVEYOR'S CERTIFICATE I, Robert L. Hall, Jr., Reg. Professional Land Surveyor No. 1610, do hereby certify that the foregoing field notes were prepared from a survey made on the ground on the date shown and that all lines, boundaries and landmarks are accurately described therein. WITNESS my hand and se -1 at Baytown, Texas, March, A. D., 19 3. REG. PROFESST NAL L-AITO SURVEYOR NO. 1610 OF L HALL. ,JR , 151 o -v i n this the 24th., day of 4 !". .NGE HOUSE 0.4419 ACR: TRACT ^ OF TEXAS THE STATE ) COUNTY OF CHAMBERS) FIELD NOTES of a 0.4419 of an acre tract of land situated in the John Ijams League, Abstract No. 15, Chambers County, Texas, and — being out of a part of the Jones and Laughlin Tract No. One being that same tract of land described as_TRACT ONE in that deed from Jones and Laughlin Steel Corporation to United States Steel Corporation dated December 28, 1966, recorded in Volume 281 at Page 128 of the Deed Records of Chambers County, Texas. This 0.4419 of an acre tract of land is more particularly described by metes and bounds as follows, to -wit: NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE, AS DEFINED BY ARTICLE 5300A OF THE REVISED CIVIL STATUTES OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES ARE ACTUAL DISTANCES. BEGINNING at a 1/2 inch iron .rod set.for._the_Southeast corner of this tract of land and from this corner the Northeast corner of the Jones and Laughlin Tract One bears North 58 deg 33 min 05 sec East 2389.33 feet and the Southwest corner of USS Tract No. 31 bears North 30 deg 27 min 21 sec West 1339.66 feet. This BEGINNING corner has a State Plane Coordinate Value of Y = 699,802.74 and X = 3,301,642.03. THENCE South 89 deg 58 min 32 sac West with the South line of this tract a distance of 158.63 feet to a 1/2 inch iron rod. set for the Southwest corner of this tract of land. THENCE North 00 deg 01 min 28 sec West with the West line of this tract a distance of 121.35 feet to a 1/2 inch iron rod set for the Northwest corner of this tract of land.. THENCE North 89 deg 5 ^0 min 32 sec East-with the North Tina o this tract a distance of 138.63 feet to a 1/2 inch iron rod set for the Northeast corner of this tract of land. THENCE South 00 deg 01 min 28 sec East with the East line of this tract a distance of 121.35 feet to the PLACE OF BEG= `iNING, containing within said boundaries 0.4 19 of an acre of land. SURVEYED: January- March, 1993. n PAGE NO. 2 CHANGE HOUSE 0.4419 ACRE TRACT SURVEYOR'S CERTIFICATE I, Robert L. Hall, Jr., Reg. Professional Land Surveyor No. 1610, ' do hereby certify that the foregoing field notes were prepared from a survey made on the ground on the date shown and that all lines,- - boundaries and landmarks are accurately described therein. WITNESS my hand and seal at Baytown, Texas,. this the 24th., day of March, A. D 1 REG. PROFESSION LAND SURVEYOR NO. 1610 4F T I C7 U Exhibit "B" None of SAW PIPES USA, INC.'s Baytown Plant has been annexed by the City of Baytown. As such, Exhibit "A" which is attached to the Industrial District Agreement is hereby incorporated into this exhibit as Exhibit "B." L'