Ordinance No. 10,750ORDINANCE NO. 10,750
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 IPSCO
KOPPEL TUBULARS 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 IPSCO Koppel Tubulars Corporation. A copy of said
Industrial District Agreement is attached hereto, marked Exhibit "A" and incorporated herein for
all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 5th day of November, 2007.
LORRI CODDY, City Clerk
SfE/HEN-rr DONCARLOS, Mayor
APPROVED-AS TO FORM:
4GNAd0".RAMlREZ, SBLJCity Attorney
R:\Karcn\Files\CityCouncil\Ordinances\2007\Novcmbcr5\IPSCOKoppelTubularsIDAOrdinة
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 IPSCO Koppel Tubulars Corporation, a Pennsylvania
corporation, 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:
1 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:
IPSCO Koppel Tubulars Corporation IPSCO Koppel Tubulars Corporation
P. 0. Box 750 P. O. Box 750
Beaver Falls, PA 15010 Beaver Falls, PA 15010
II.
Identification of Property and Industrial District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate limits of
the City is sometimes referred to herein as the "affected area," and it is described in Exhibit A,
which is attached to this Agreement and made a part hereof. Acting pursuant to the above
mentioned authority, the City Council of the City has by ordinance, designated the affected area as
EXHIBIT A
an industrial district, the same to be known as Baytown Industrial District No. 3 (the "Industrial
District").
III.
Term
The term of this Agreement is seven tax years, from 2007 through 2013, 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, 2007, such payment obligations are hereby
canceled and are superseded by the provisions contained herein.
IV.
Limited Immunity from Annexation by the Citv
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 31st 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
which is stipulated herein to be SEVENTEEN MILLION SIXTEEN THOUSAND
FIVE HUNDRED EIGHTY AND NO/100 DOLLARS ($17,016,580.00), hereinafter
referred to as the "Base Year," less the fair market value in the Base Year as
determined by the City of that portion of the Property Owner's property, real,
personal or mixed, which was located within the industrial district on the effective
date of this agreement and subsequently annexed by the City, the difference of which
is hereinafter referred to as the "Base Year Value," multiplied by
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.
The applicable Industrial District Payment Rate shall be determined using the following
VI.
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 uniform basis with property in the
general corporate limits of the City, the provisions of this Agreement will control where in conflict
with the provisions of such laws and (ii) the income method of appraisal as described in Section
23.012 of the Texas Property Tax Code shall not be limited to only properties for which a rental
market exists. Specifically, nothing contained herein shall limit the income method of appraisal
specified in Section 23.012 of the Texas Property Tax Code to only properties for which a rental
market exists, instead if such method is used, the chief appraiser shall:
1. use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and appropriate
evidence;
3. use data from generally accepted sources in 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 Corporate Limits
The payments required hereunder shall be based upon the appraised value for the Base Year,
as finally determined by the Chambers County Appraisal District or its legal successor (or through
administrative or judicial appeal of the Chambers County Appraisal District's determination), for (i)
the land within the corporate limits of the City and owned by the Property Owner as of January 1 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 1 of the Base Year.
B.
Valuation of Property Outside the Corporate Limits
The parties hereto recognize that said Chambers 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 Chambers
County Appraisal District (or through administrative or judicial appeal of the Chambers 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 Chambers County Appraisal District to establish
the appraised value of land, improvements, and tangible personal property in the annexed portion
for ad valorem tax purposes.
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 (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 XIII 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.
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 1 of the
following year. Provided, however, if the tax statement is mailed after December 10, the
delinquency date is postponed to the first day of the next month that will provide a period of at least
21 days after the date of mailing for payment of the amount due. Delinquent amounts shall be
immediately subject to the same penalties, interest, attorneys' fees and costs of collection as
recoverable by the City in the case of delinquent ad valorem taxes. The City shall have a lien upon
the Property Owner's land within the affected area upon any delinquency in the Industrial District
Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally determined by
the due date of the Property Owner's payment hereunder and the Property Owner 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 Chambers County Appraisal District's form notification that the
appraised value of the property has been reduced and a written refund request by the Property
Owner; if not paid timely, the refund amount shall bear interest at eight percent per annum
beginning 60 days after the City received both the Property Owner's written refund request and the
Chambers County Appraisal District's formal notification that the appraised value of the property
has been reduced.
VII.
Compliance with Law
The City and the Property Owner mutually recognize that the health and welfare of Baytown
residents require adherence to high standards of quality in the air emissions, water effluents and
noise, vibration and toxic levels of those industries located in the Industrial District, and that
development within the District may have an impact on the drainage of surrounding areas. To this
end, the Property Owner and the City agree that the same standards and criteria relative to noise,
vibration and toxic levels and drainage and flood control which are adopted by the City and made
applicable to portions of the City adjacent to the Industrial District shall also be applicable to the
affected area. The Property Owner agrees that any industrial or other activity carried on within the
affected area will be constructed in strict compliance with all applicable valid state and federal air
and water pollution control standards. If the Property Owner's property within the affected area is
subject to the Occupational Safety and Health Act, 29 U.S.C. 65, et seq., as amended, then the
Property Owner shall undertake to ensure that its facilities and improvements in the affected area
comply with the applicable fire safety standards of such act and the resolutions from time to time
promulgated hereunder (the "OSHA Standards"), but there shall be no obligation to obtain any
permits of any kind from the City in connection with the construction, operation or maintenance of
improvements and facilities in the affected area not located within the corporate limits of the City.
Nonetheless, the Property Owner agrees that any structure built within the affected area shall be
built in accordance with the building code adopted by the City in effect at the time of construction.
The City and the Property Owner recognize that activities in the City's industrial districts
are subject to regulation by other governmental entities, including the state and federal governments
and their various departments and agencies. The City and the Property Owner also recognize that
the City may have an interest in activities in the City's industrial districts that are regulated by other
governmental entities. Nothing in this Agreement is intended to limit the City's right and authority
to communicate its interest in, or opposition to, those activities to the applicable regulatory agencies
or to participate, to the extent allowed by law, in any related administrative or judicial proceeding.
VIII.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's premises
and the same right to examine the Property Owner's books and records to determine the value of the
Property Owner's properties as are provided in the Texas Property Tax Code as amended.
IX.
Default
A.
Default bv Property Owner
In the event of default by the Property Owner in the performance of any of the terms of this
Agreement, including the obligation to make the payments above provided for, the City shall have
the option, if such default is not fully corrected within sixty (60) days from the giving of written
notice of such default to the Property Owner to either (i) declare this Agreement terminated or (ii)
continue the term of this Agreement and collect the payments required hereunder. Notwithstanding
any to the contrary contained herein, should the City determine the Property Owner is in default
according to the terms and conditions of Section VII hereof, the City shall notify the Property
Owner in writing by U.S. Mail, certified return receipt requested, at the address stated in this
Agreement, and if such default is not cured within sixty (60) days from the date of such notice (the
"Cure Period") then such failure to cure shall constitute a material breach of this Agreement;
provided that, in the case of a default under Section VII for causes beyond the Property Owner's
control that cannot with due diligence be cured within such sixty (60) day period or in the event that
the failure to cure results from ongoing negotiations with federal or state officials, administrative
proceedings or litigation regarding the necessary cure steps, then the cure period shall be extended
until such negotiations, administrative proceedings or litigation are concluded.
B.
Default bv Citv
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved of all
further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay
any amounts that accrued prior to such termination. In the event of termination, the City shall have
the right to repeal the ordinance 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.
XI.
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.
XII.
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.
XIII.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of Harris
County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be
tried as other civil causes. If the controversy affects an Industrial District Payment, the Property
Owner shall, pending final determination of said controversy, pay to the City on the due date the
same amount which was paid to the City for the last preceding period as to which there was no
controversy concerning the amount owed by the Property Owner to the City. The Property Owner
agrees to tender any additional amount of potential liability to the registry of the Civil District
Court, Harris County, Texas, pending final determination of the controversy beyond any further
appeal.
XIV.
Assignment
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Property Owner and the City only. If the Property Owner conveys all or any part of the
property then covered hereby, the Property Owner shall notify the City within 30 days of the
conveyance and shall thereafter cease to be obligated with respect to the property so conveyed and
the Base Value shall be apportioned between the Property Owner and the grantee based upon the
property conveyed, only if the grantee thereof enters into an Industrial District Agreement with the
City with respect to such property so conveyed. No right or obligation under this Agreement may
be sold, assigned or transferred.
XV.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement by
virtue of being either the legal or equitable owner of a possessory estate (including a leasehold
estate) in the land comprising the affected area, which will not 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.
Severabilitv
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated or
unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to comply
with applicable law. If it is not possible to so reform such provision, covenant, obligation or
agreement, such determination shall not affect any other provision, covenant, obligation or
agreement, each of which shall be construed and enforced as if the invalid or unenforceable portion
were not contained herein. Provided, further that such invalidity or unenforceability shall not affect
any valid and enforceable provision thereof, and each such provision, covenant, obligation or
agreement shall be deemed to be effective, operative, made, entered into or taken in the manner and
to the full extent permitted by law. Notwithstanding the above, if the application of this Section
XVII requires reformation or revision of any term that removes or materially diminishes the
obligation of the Property Owner to make the payments to the City described herein (except in the
event of a reformation that shortens the 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.
XIX.
Non-waiver
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
XX.
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 day of , 2007, and on behalf of the City this
day of , 2007.
10
ATTEST:
Assists
IPSCO KOPPEL TUBULARS
CORPORATION
By
Philip Marusarz
Printed Name
Vice President
Title
CITY OF BAYTOWN
ATTEST:
STEPHEN H. DONCARLOS, Mayor
LORRICOODY, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
\ckndi
RHONDA L. YOUNG, tflnance Dirtfcjor
RfOcancncvMy Documenls\Contracts\IDA\IPSCOKoppelTubularsCorporationlRenewal2007.doc
11
FIELD NOTES of a 68.7708 acre tract of land situated in the John Steole Survey,
Abstract 227, Chambers County, Texas, and being all of that certain called 39.743 acres
(Tract One) conveyed by Hoesch Tubular products Corporation to Koppel Steel
Corporation by Deed dated May 24,1994 and recorded in Volume 240 at Page 411 of the
Official Public Records of Chambers County, Texas; all of that certain called 14.964
acres conveyed byN. S. Group to Koppel Steel Corporation by Deed dated My 29,1995
and recorded in Volume 272 at Page 591 of the Official Public. Records of Chambers
County, Texas; and part of that certain 102.12 acre tract of land conveyed by Cedar
Crossing, L J?. to Seapac, Inc. by Deed recorded in Volume 798 at Page 291 of the
Official Public Records of Chambers County, Texas, this 68.7708 acre tract of land is
more particularly described by the following metes and bounds, to-wit:
NOTE: ALL BEARINGS ARE LAMBERT GRID BEARINGS AND ALL
COORDINATES REFER TO THE STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE, NAD 83. ALL DISTANCES ARE ACTUAL DISTANCES.
SCALE FACTOR = 0.9998832. REFERENCE IS MADE TO THE PLAT OF EVEN
DATE ACCOMPANYING THIS METES AND.BOUNDS DESCRIPTION.
■ BEGINNING at a-5/8 inch iron rod found for the Northeast corner of said 39.743 acres
and the Northernmost Northwest comer of the residue of said 102.12 acres. Said point
being the Northeast coiner and POINT OF BEGINNING of this tract and having a State
Plane Coordinate Value ofY = 13831430.70 arid X=3260950.38.
THENCE: SOUTH along the East line of this tract, the East line of said 39.743 acres and
the Northernmost West line of said 102.12 acres and at 1100.00 feet pass a Vi inch iron
rod, with cap marked TBHA", found for the Southeast comer of said 39.743 acres and an
interior corner of said 102.12 acres; in all, a total distance of 2061.68 feet to a 5/8 inch
iron rod found in the North line of a 30 feet wide Pfpeline Corridor and the South line of
said 102.12 acres for the Southeast comer of this tract
THENCE: South 85°32'52" West along the South line of this tract, the North line of said
Pipeline Corridor and the South line.of said 102.12 acres for a distance of 247.19 feet to a
lA inch iron rod, with cap, set for the BEGINNING POINT of a curve to the right
concave Northeasterly.
THENCE: Along and around said curve to the right, in a Northwesterly direction, along
the South line of mis tract, the South line of said 102.12 acres and the North line of a 10
feet wide Pipeline Corridor, said curve haying a central angle of 35°25'05", a radius of
" 439.95 feet, and a chord-bearing and distance of Norm 59°24'49" West 267.65 feet, for
an arc length of 271.96 feet to a 54 inch iron rod, with cap, set for the TERMINATION
POINT of said curve at the Northeast comer of Restricted Reserve "A" of Cedar
Crossing, Phase TL as recorded in Volume "B" at Page 112 of the Map Records of
Chambers County, Texas.
EXHIBIT "A" . .
PAGE ONE OF TWO PAGES
•THENCE: South 88°12>07" West along the South line of this tract, the South line of said
102.12 acres, the North line of said 10 feet wide Pipeline Corridor, the North Line of said •
Restricted Reserve "A" and the South line of said 14.964 acres, and at 195.68 feet pass a
5/8 inch iron rod found for theSouthwest comer of said 102.12 acres and the Southeast
comer of said 14.964 acres; at 837.70 feet pass a lA inch iron rod, with cap marked
"BHA", found for reference; in all, a total distance of 857.81 feet to a point on the Bast
bank of Cedar Bayou for the Southwest comer of this tract, the Northwest comer of said
Restricted Reserve "A" and the Southwest corner of said 14.964 acres.
-THENCE: Along and with the meanders of the East bank of Cedar Bayou, the West line
of tiiis tract the West line of said 14.964 acres and the West line of said 39.743 acres, the
following courses and distances:
North 00°05'07" East for a distance of 53.49 feet; •
North 13°48'4i" West for a distance of 31.89 feet;
North 02°31 *2r West for a distance of 47.77 feet;
North 05°46'41" East for a distance of 31.79 feet;
North 28°55'28" West for a distance of 285.82 feet;
North 72O24'47" East for a distance of 4.28 feet;
North 35°34'11" West for a distance of 104.30 feet;
North 36°02.?55" West for a distance of 55.06 feet;
North 45°45'31" West for a distance of 96.69 feet;
North 62°11'40" West for a distance of 111.87 feet
North 63°47'09" West for a distance of 105.70 feet;.
North 65°41'51" West for a distance of 29.24 feet to apoint for the
Southeast comer of that certain tract of land conveyed by Theo Wilbum, et al, tp United
States Steel Corp. by Deed dated March 2,1967 and recorded in Volume 283 at Page 205
of the Deed Records of Chambers County, Texas. Said point being an angle point in the
West line of this tract and the West line of said 39.743 acres.'
THENCE: North 45°58'03" East along the West line of this tract, the West line of said
39.743 acres and the East line of said United States Steel Corp. tract and at 58.83 feet
pass, a 54 inch iron rod, with cap, set for reference; in'all, a total distance of 558.83 feet to
a lA inch iron rod, with cap, set for an angle point in said line.
THENCE: NORTH along the West line of this tract, the West line of said 39.743' acres
and the East line of said United States Steel Corp. tract for a distance of 860J23 feet to a
Yz inch iron rod found for the Northwest comer of said 39.743 acres, the Northeast comer
of said United States Steel Corp. tract and the Northwest corner of this tract.
THENCE: EAST along the North line of this tract and the North line of said 39.743
acres for a distance of 1456.44 feet to the PLACE OF BEGINNING and containing
within these boundaries 68.7708 acres of land.
EXCEPT, HOWEVER, THERE IS EXPRESSLY EXCLUDED from the above
68.7708 acres a 9.724 acre tract lying within the corporate
limits of the City of Baytown.
EXHIBIT "A"
PAGE 2 OF 2 PAGES