Ordinance No. 10,057ORDINANCE NO. 10,057
AN ORDINANCE 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 AIR
PRODUCTS, L.P.; 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 Air Products, L.P., which agreement is consistent with the
Industrial District Policy for industries which had an Industrial District Agreement in effect with
the City of Baytown on July 26, 2002, which policy was adopted by the City Council on April
24, 2003, via Resolution No. 1584. A copy of said Industrial District Agreement is attached
hereto, marked Exhibit "A." Both the Industrial District Agreement and Resolution No. 1584 by
this reference are made a part hereof.
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 14th day of April, 2005.
CALVIN MUNDINGER, Mayor
ATTEST:
GARY &V. SM1ITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Uy Attorney .
• RAKaren \Files \City Council \Ordinances \2005\April l4\AirProduc1s[DA0rdinance.doc
a
0 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 Air Products, L.P., a Delaware limited partnership,
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:
I.
Parties
This Agreement is made under the authority of Texas Local Government Code Annotated
§42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The
parties to the Agreement and their addresses are:
l . 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" Tax Statement Address:
Air Products, L.P. Air Products, L.P.
7201 Hamilton Boulevard Attn: R. J. Nicol
Allentown, PA 18195 -1501 Manager, State & Local Tax
720I Hamilton Boulevard
Allentown, PA 18195 -1501
IL
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,
Mff 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. I (the "Industrial
District ").
Ill.
Term
The term of this Agreement is seven years, from April 22, 2005, through April 21, 2012,
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. This
Agreement supersedes any prior existing agreements between the Property Owner and the City
relating to the subject matter hereof and governing the affected area; to the extent any such prior
existing agreement required payment on or after January 1, 2005, such payment obligations are
hereby canceled and are superseded by the provisions contained herein.
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 s` of each year during the term hereof a
sum of money equal to.
(1) the fair market value as determined by the City, of all of the Property Owner's land
and all other tangible property, real, personal or mixed, within the affected area and
of all the Property Owner's land and all other tangible property, real, personal or
mixed, within the corporate limits of the City:
➢ on January 1, 2002, or
➢ as most recently certified by the chief appraiser of the. appraisal district
and /or approved by the Industrial Appraisal Review Board established and
appointed by the City Council, as of the date of this Agreement,
whichever is greater, hereinafter referred to as the "Base Year," multiplied by
2
chart:
(2) the property tax rate per $100.00 of assessed valuation adopted by the City Council
for the City, multiplied by the applicable industrial district payment rate as detailed
below, less
(3) the amount actually paid by the Property Owner to the City as ad valorem taxes on
that portion of the Property Owner's property, real, personal and mixed, within the
corporate limits of the City. 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.
The applicable Industrial District Payment Rate shall be determined using the following
PAYMENT'"'-
TN.DUSTRIAL DISTRICT
RAYMENTS RATE
1
.50
2
.55
3
.55
4
.55
5
.60
6
.60
7
.60
V1.
Valuations
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 term 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 unifonn 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 determining an appropriate capitalization
rate;
•
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.
A.
Valuation of Property Inside the Co orate Limits
The payments required hereunder shall be based upon the appraised value for the Base Year,
as finally determined by the Harris County Appraisal District or its legal successor (or through
administrative or judicial appeal of the Harris County Appraisal District's determination), for (1) the
land within the corporate limits of the City and owned by the Property Owner as of January I of the
Base Year, and (ii) all improvements and tangible property, real or mixed, situated within the
corporate limits of the City and owned by,the Property Owner as of January I of the Base Year.
B.
Valuation of Property Outside the Corporate Limits
- The parties hereto recognize that said Harris County Appraisal District is not required to
appraise 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.
Therefore, the parties agree that to determine the fair market value of all of the Property Owner's
land, improvements, and tangible property located outside the corporate limits of the City in
accordance with the market value computation contemplated in the Texas Property Tax Code for
the purpose of calculating the Property Owner's payment in the manner described above, the City
may choose to use the appraised value for the Base Year, as finally determined by the Harris
County Appraisal District (or through administrative or judicial appeal of the Harris County
Appraisal District's determination), or by appraisal conducted by the City and/or by an independent
appraiser of the City's selection, and at the City's expense. 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.
C.
Binding Effect
Determination of Industrial District fair market values in the above - stated manner outside
the corporate limits shall be made by the City and approved by the Industrial Appraisal Review
Board. Such final fair market value as approved by the Industrial Appraisal Review Board shall be
final and _binding unless either party within thirty (34) 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 Xlll hereof. In determining the fair market value of property and
improvements as used herein, the Industrial District Appraisal Board shall base its determination on
the fair market value as defined in Section VI 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.
4
• D.
Statements
The City shall mail one statement to the Property Owner on or about December 1 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 I 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 desires to pursue
any additional available remedies, the Property Owner shall, without prejudice to such remedies,
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 term 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 Harris 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 eight percent per annum beginning 60 days
after the City received both the Property Owner's written refund request and the Harris County
Appraisal District's formal notification that the appraised value of the property has been reduced.
V11.
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.
Vlll.
Inspections
The Chief Appraiser of the Harris 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.
1X.
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 (1) declare this Agreement terminated or (ii)
continue the term of this Agreement and collect the payments required hereunder. Notwithstanding
any to the contrary contained herein, should the City determine the Property Owner is in default
according to the terms and conditions of Section V11 hereof, the City shall not 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
0
• proceedings or litigation regarding the necessary cure steps, then the cure period shall be extended
until such negotiations, administrative proceedings or litigation are concluded.
C�
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 relived 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 designated the affected area as an industrial district. Provided,
however, if the termination occurs as a result of the City's exercising its option to terminate (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.
X1.
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
term 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.
7
0
XI1.
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.
If any disagreement arises betwe
Agreement, it is agreed that either of the sa
County, Texas, for a Declaratory Judgmei
tried as other civil causes. If the controve
Owner shall, pending final determination c
same amount which was paid to the City
controversy concerning the amount owed I
agrees to tender any additional amount o
Court, Harris County, Texas, pending- fin,
appeal.
This Agreement shall not bestow
benefit the Property Owner and the City o
property then covered hereby, the Prope
conveyance and shall thereafter cease to b
the Base Value shall be apportioned betty
property conveyed, only if the grantee the
City with respect to such property so con,
be sold, assigned or transferred.
XII1.
0
m the parties concerning the interpretation of this
J parties may petition any Civil District Court of Harris
t determining said controversy and the cause shall be
-sy affects an Industrial District Payment, the Property
F said controversy, pay to the City on the due date the
or the last preceding period as to which there was no
y the Property Owner to the City. The Property Owner
potential liability to the registry of the Civil District
determination of the controversy beyond any further
XIV.
Assignment
y rights upon any third party, but rather, shall bind and
ly. If the Property Owner conveys all or any part of the
y Owner shall notify the City within 30 days of the
obligated with respect to the property so conveyed and
en the Property Owner and the grantee based upon the
eof enters into an Industrial District Agreement with the
eyed. No right or obligation under this Agreement may
XV.
Authority
The Property Owner covenants t at it has the authority to enter into this Agreement by
virtue of being either the legal or equita le owner of a possessory estate (including a leasehold
8
estate) in the land comprising the affected area, which will not terminate 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
XVI 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 term of this Agreement), the City shall have the option to
declare this Agreement terminated.
XVIII.
Complete Agreement
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.
11
•
X1X.
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.
Ambiguities
In the event of any ambiguity in any of the terms 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 or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas_
XXIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf of
the Property Owner this 6th day of April 2005, and on behalf of the City this
day of , 2005.
AIR PRODUCTS, L.P. .
By
Kenneth R. Petrini.
Printed Name
Vice President
Title
ATTEST:
E. Padj en
Assistant Secre
CITY OF BAYTOWN
CALVIN MUNDINGER, Mayor
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ,. SR.; CW Attorney
RHONDA YOU G. in ce Director
0 R:Ueanene \Mp Documents\ ContractsU DA \AirProducts2005lDARene%val.doc
EXHIBIT "A"
AIR PRODUCTS, L.P. ['] j _6O_r 2O
• D
PB5 &7 lob No. 460O047 -01 47 -01
ATTACHMENT 1 January 5, 2000
Pagc 1 of 2 Pa¢cs
METES A24-D BOL -1�TDS DESCRIPTION OF
18.7415 ACRES (816380 SQ. FT.)
Psi TB:E
WILLLAI'A SCOTT L-PPER LEAGUE, A -66
MkRRIS COTj-P=, TEXAS
Being a parcel of land containing 18.7415 acres or 816,380 square feet, more or less, situated in the
William Scott Upper League, Abstract Number 66, Harris County, Texas, said 18.7415 acre parcel being
out of a called 53990,acre tract described as Parcel B in a deed from ASHLAND OIL; Inc. to ETON
Corporation dated December 14, 1977 and recorded under File Number F424825, Film Code Number
183 -19 -1036 of the Harris County Official Public Records of Real Property (H.C.O.P.R.R.P.) and out of
the residue of a called 533.35 acre tract of land described in a deed from Stuart A. Giraud to H- TIVLBLE
OIL & REFE\TING Company (now EXXON Corporation) dated July 24, 1936 and recorded in Volume
1020, Page 460 of the Harris County Deed Records (H.C.D.R.), said 18.7415 acre parcel of land being
more particularly described by metes and bounds as follows with ail bearings referenced to the Exton
Baytown Chemical Plant Coordinate System and based on monurnentation provided by Exxon:
COMMENC \TG at a 1 -1 /2 -inch iron pipe (N = 3065.77, E = 740.29) found for an angle point in the
easterly line of a called 8.194 acre pipeline corridor (100 feet wide) described in a deed to E1CKON
PIPELINE Company under File Number C792423, Film Code Numbe: 098 -25 -1194 of the said
H.C.O.P.RR.P, and in Volume 7369, Page 65 of the said I- C.D.R., thence as follows;
North 02 °56'34" West (called North O1 °07'24" West), along the easterly line of said called 3.194
acre pipeline corridor, at a distance of 227.94 feet passing a 1 -1 /2 -inch iron pipe found for the
southwesterly corner of said called 53.990 acre tract, continuing in all for a distance of 396.57
feet to a point for comer;
North 87 °03'26" East a distance of 101.06 feet to the POINT OF BEGR'Ti IG of the herein
described parcel;
THENCE North 90 °00'00" East, at a distance of 114.14 feet passing the aorLhwest.c.orner (N = 3470.00,
E = 935.00) of a 16.4141 acre tract (as prepared by PBS &J, Job No. 19151 -01, dated March 31, 1998 and
stamped by Richard R. Dorr, Texas Registration No. 4780), continuing in all a'distance of 829.14 feet to a
point being the northeast corner (N = 3470.00, E = 1650.00) or said 16.4141 acre tract and the northeast'
corner of herein described parcel;
THENCE South 00 °00'00" East, along the east line of said 16.4f41 acre tract, a distance of 1000.00 feet.
to a point being the southeast corner (N = 2470:00, E = 1650.00) of said 16.4141 acre tract and the
southeast corner of herein described parcel;
THENCE South 90 °00'00" West, along the south line of said 16.4141 acre tract; at a distance of 715.00
feet passing the southwest toner of said 16.4141 acre tract and the southeast corner of a proposed 30 foot
wide pipeline corridor, continuing in all for a total distance of 303.62 feet to a point being the southwest
corner of herein described parcel;
U
Attachment.)
Page 1 of 2
53f- 68 -C42.
® FN 1180
PBS&j Iob Yo. 460047 -01
January S, 2000
Page' of 2 Pages
THENCE North 01 0'27'43" West, a distance of 1000.33 feet to the POINT OF BEGli -NING of herein
described parcel; containing a computed area of 13.7415 acres or 3[6,330 square feet, as depicted on an
exhibit (DWG. No. 9Q9) prepared by PBS &3 dated September 15, 1999.
PBS&J
3200 Wilcrest, Suite 110
Houston, Texas 77042
713 - 731 -3300
•
OF
.. .
DAVID B. I ...�
AW Pp V60N KNIN MH�I FfnftCTS DI SkE MNT# . OR = CF TIE DF =a REA!
"fill MUM rX CaOR OR Aka 6 XMID NO UNEWaICEASU MA MM La
TW STATE OF TEA S
COUNT/ OF HARRIS
I hereby cenily Cut L instrument was FILED in Flo Manber
Sequence on to date and at tho 6me stamped hereon by me; and tiros
duty RECORDED, in Cre Oft2f Putk Records of Rey Propeq d
Harris Count', Teat v.
APR 11 2000
y COUNTY CLERK
�j HARRIS COUNTY TEXAS
Attachment 1
Paee 2 of 2
FILE FOR RECORD
8:OOAM
APR 112099
County C1�'
Hans County, Texas
HtCORDER'S MEMORANDUM
AT T8k TIME Oc RECORDATION, THIS
;NSTRU?AEIW IVAS'FOUNO TO r;q INAOEOUATL
FOR
HE BEST PHOTOGRAPHIC ItEpu00rJC7f0,y
D£CAUSE OF ILLEGiggiTY .CAROGN OR
P"07'0 COPY, DISCOLORED PAjp� £TG
EXXON PIPELINE COMPANY .
TRACT FOUR
(CALLED 6.247 AC.)
/ VOL. O 7802. PG. 90 90
H.C. D.R.
F.N. D007347
/ F.C. 110- 33 -2337
H. C.O.P.R.R.P
FND, 1 -1/2- I.P.
FNO. 1 -1/2- I.P.
EXXON PIPELINE COMPANY ADVANCED AROMATICS OF TEXAS. L.P.
TRACT THREE (CALLED 15.9 AC -)
(CALLED 0.230 AC.) I F.N. R726980
VOL. 7802. PG. 90 F.C. 506 -63 -0245
H.C.D.A. I H.C.O.P.R.R.P.
F.N. 0007347 I
F.C. 110 -33 -2337 FNO, CONC. MON.
H.C.O.P.R.R.P
FND. 1/2 I.R.
FND, 1/27. LA. � FHD. 1 -1/2- I.P.
FND. 1 -1/2' I.P. FNOI 1/2' I.R.
EXXON PIPELINE COMPANY
TRACT IV
(CALLED 5.055 AC.)
F.N. 1583800 _
F.C. 129 -16 -1709
H.C.O.P.R.R.P.
CITY OF BAYTOWN
INDUSTRIAL DISTRICT N0, 1
I ORDINANCE NO. 1566
APRIL 25. 1974
I
I
EXXON CORPORATION,
PARCEL B
(CALLED 51990 AC.)
0[ PROPOSED CARTER ROAD F.H. F424625
0.0.0. F.C. 183 -19 -1036
N 3470.00 H.C.O.P.R.R.P-
N879 3'25'E E 935.00 N 3470,00
215.05' E 1650.00
N909O.00 "E 715.00' `
MON. AP -3 FND. I -1/2 I.P.
$
NO2'56'34'W
390.71' $ m
227.94'' g
FNO. 1 -1/2' I.P. P.O.C. ^
N 5068.7
EXXON PIPELINE COMPANY
? E 740,29 16.4141 ACRES
(CALLED 8.194 AC.) ,o W (715.000 SQ. FT.) _
VOL• 7389. PG. 65 g R
P.N. 0792423 7 $
F.C. 098 -25 -1194 ' $
H.C.O.P.R.R.P M
= 30.00'
N
P.O.B. 59090'00 E
319.30' J MON. AP -1 MON. AP -7 _
PIPELINE CORRIDOR — — ® FND, 1/2 LR.
N9090'00'W N909O'OO-W 715.00. N 2470.00
]99.56' E 1650.00
N 2470.00 EXHIBIT
� E 933.00
PROPOSED 16.4141 ACRES (715, 000 SQ. FT.)
PIPELINE CORRIDOR
FNO. 1 -1/2' I.P. 0.2716 ACRE
"1.633 50. FT.' WILLIAM SCOTT UPPER LEAGUE, A66
66
EXXON CORPORATION
(RESIDUE OF A CALLED 573.35 AC.) HARRIS COUNTY, TEXAS
VOL. 1020, PG. 4fi0
H.C.D.R.
3200 WILCREST, SUITE 110
HOUSTON, TEXAS 77042
(713) 783 -7238 FAX (713) 781 -5210
rEs. SCALE: 1" = 500' iJOB NO.: 19151 -01
ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE EXXON BAYTOWN CHEMICAL PLANT
:OORDINATE SYSTEM AN0 BASED ON MONUMENTATION PROPOED BY EXXON.
THIS EXHIBIT WAS PREPARED BY PBSk3 IN FEBRUARY 1998 ALONG WITH A METES AND BOUND DATE: 03/31/1998 FIELD BOOK NO.: 767
IESCRIPTION OF THE SUBJECT TRACT (FN1117) AND PROPOSED PIPELINE CORRIDOR (FN1172).
DRAWN BY: RRD FILE: 19151.DWG
DWG NO. 911 REVISED MARCH 22. 1999 TO INCLUDE PROPOSED PIPELINE CORRIDOR.
0
•
EXXON PIPELINE COMPANY CITY OF BAYTOWN
(CALLED 8.194 AC.) INDUSTRIAL DISTRICT NO. 1
VOL. 7369, PG. 65 OR INANCE NO. 1586
H.C.D.R.
F.N. C792423 PROPOSED CARTER ROAD
F.C. 098 -25 -1194
H..C.O.P.R.R.P NO 00,00 "E
N 3470.00 1 .14' P.O.B.
E 820.86 -\ 1. N 3470.00
EX(RES DUEPOFAAION
CALLED 533.35 AC)
VOL. 1020, PG. 4600
H.C.D.R.
Ln
O
0
O
C
O
m
O
O'
O
O
E 935.00 .
N90'OO'OO "E 715.00'
N87'03'26"E
215.05'
16.4141 Acres
(715,000 SO. FT.)
2.327 Acres
101,380 Sq. Ft.
S90000'00 "W
EXXON CORPORATION
PARCEL 8
(CALLED 53.990 AC.)
F.N. F424825
F.C. 183 -19 -1036
H. C. O. P. R. R. P.
MON. AP -3
N 3465.00
E 1605.00
88.62'
30.00' NON 7 A. N02500.00
N 2400 E 1605.00 •
• E 935..00 00
O
O
0
0
0
a
m
0
0
0
0
0
N 3470.00
E 1650.00
N90'00'00"W 715.00' --,,N 00
E 16650.50.00
N 2470.00
E 935.00 EXHIBIT
N 2470.00
E 846.38 2.327 ACRES (101, 380 SQ. FT.)
WILLIAM SCOTT UPPER LEAGUE, A--66
HARRIS COUNTY, TEXAS
NOTES:
1. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE EXXON
BAYTOVN CHEMICAL PLANT COORDINATE SYSTEM AND BASED ON
MONUMENTATION PROVIDED BY EXXON.
2. THIS EXHIBIT WAS PREPARED VATH REFERENCE 10 A 16.4141 ACRE EXHIBIT,
PBS &J DRAWING 19151.DWG. DATED MARCH 31, 1998,
3. THIS EXHIBIT WAS PREPARED BY PBS &J IN CONJUNCTION WITH A METES
AND BOUNDS DESCRIPTION OF THE PARCEL (FILE NO. FN1178) DATED
AUGUST 31, 1999.
D
3200 WILCREST, SUaTE 110
HOUSTON, TEXAS 77042
(713) 781 -8800 FAX (713) 781 -5210
SCALE: 1' = 200' JOB NO.: 460047
DATE: August 31, 1999 FIELD BOOK NO.:
DRAWN BY: JEC FILE: 460047.dwg
946 460047.dwg 8 -31 -99 10 :35-58 an LS i
3
�M
MQr
to C 0
Lo Z to
N �
O �
Z —_
0
N
N
OO
O
FND.
1 -1/2"
I.P. P.O.C.
N 3068.77
E 740.29
3
M
M
d'
o
0
N
o
O
o
Z
o'w
a'a
vo
S90'00'OOnE
389.30'
N90'0080 Q'W
399.56
n
PROPOSED 30'
PIPELINE CORRIDOR
0.2716 ACRE
(11,833 SO. FT.)
EX(RES DUEPOFAAION
CALLED 533.35 AC)
VOL. 1020, PG. 4600
H.C.D.R.
Ln
O
0
O
C
O
m
O
O'
O
O
E 935.00 .
N90'OO'OO "E 715.00'
N87'03'26"E
215.05'
16.4141 Acres
(715,000 SO. FT.)
2.327 Acres
101,380 Sq. Ft.
S90000'00 "W
EXXON CORPORATION
PARCEL 8
(CALLED 53.990 AC.)
F.N. F424825
F.C. 183 -19 -1036
H. C. O. P. R. R. P.
MON. AP -3
N 3465.00
E 1605.00
88.62'
30.00' NON 7 A. N02500.00
N 2400 E 1605.00 •
• E 935..00 00
O
O
0
0
0
a
m
0
0
0
0
0
N 3470.00
E 1650.00
N90'00'00"W 715.00' --,,N 00
E 16650.50.00
N 2470.00
E 935.00 EXHIBIT
N 2470.00
E 846.38 2.327 ACRES (101, 380 SQ. FT.)
WILLIAM SCOTT UPPER LEAGUE, A--66
HARRIS COUNTY, TEXAS
NOTES:
1. ALL BEARINGS AND COORDINATES ARE REFERENCED TO THE EXXON
BAYTOVN CHEMICAL PLANT COORDINATE SYSTEM AND BASED ON
MONUMENTATION PROVIDED BY EXXON.
2. THIS EXHIBIT WAS PREPARED VATH REFERENCE 10 A 16.4141 ACRE EXHIBIT,
PBS &J DRAWING 19151.DWG. DATED MARCH 31, 1998,
3. THIS EXHIBIT WAS PREPARED BY PBS &J IN CONJUNCTION WITH A METES
AND BOUNDS DESCRIPTION OF THE PARCEL (FILE NO. FN1178) DATED
AUGUST 31, 1999.
D
3200 WILCREST, SUaTE 110
HOUSTON, TEXAS 77042
(713) 781 -8800 FAX (713) 781 -5210
SCALE: 1' = 200' JOB NO.: 460047
DATE: August 31, 1999 FIELD BOOK NO.:
DRAWN BY: JEC FILE: 460047.dwg
946 460047.dwg 8 -31 -99 10 :35-58 an LS i