Ordinance No. 14,548ORDINANCE NO. 14,548
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 COVESTRO, LLC; 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 Covestro, LLC. A copy of said Industrial District Agreement is attached
hereto, marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 22nd day of October, 2020.
e-:
RANDON CAPETILL , Mayor
1-99[OVA s : ,Eihlei6MU .
?�&O%Jpj
_
KAREN L. HORNER, City Attorney
R:AKaren HomerlDocuments\Files\City Council Ordinances\2020 October 2211DAwithCovestroLLC.docx
Exhibit "A"
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, which is attached to this Agreement and made a part hereof. Acting pursuant
to the above -mentioned authority, the City Council of the City has by ordinance, designated the
affected area as an industrial district, the same to be known as Baytown Industrial District
No. 3 (the "Industrial District").
III.
Term
The term of this Agreement is seven tax years, from 2020 through 2026, unless it is
sooner terminated under the provisions hereof. This Agreement shall be effective and
binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement
and shall remain in effect for seven years. This Agreement supersedes any prior existing
agreements between the Property Owner and the City relating to the subject matter specific to
the term hereof.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth, the City
hereby guarantees for the term of this Agreement the immunity of the affected area from
annexation of any type by the City except for such parts of the affected property as may
be necessary to annex property owned by third parties within the Industrial District that the
City may decide to annex. Additionally, this Agreement shall not affect the continuation of
any limited purpose annexation status to which the affected area is now subject.
V.
Industrial District Payment
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 31 sc of each year during the term hereof the
following for each applicable tax year:
2
VI.
Collections
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.
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.
3
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 City, after providing reasonable written notice, shall have the right to enter and
inspect the Property Owner's premises during normal business hours or at a time mutually
agreeable to the parties to ensure compliance with Section VII of this Agreement.
IX.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the terms of
this Agreement, including the obligation to make the payments above provided for, the City
shall have the option, if such default is not fully corrected within sixty (60) days from the
giving of written notice of such default to the Property Owner to either (i) declare this
Agreement terminated or (ii) continue the term of this Agreement and collect the payments
required hereunder. Notwithstanding anything to the contrary contained herein, should the
City determine the Property Owner is in default according to the terms and conditions of
Section VII hereof, the City shall notify the Property Owner in writing by U.S. Mail,
certified return receipt requested, at the address stated in this Agreement, and if such default is
not cured within sixty (60) days from the date of such notice (the "Cure Period") then such
failure to cure shall constitute a material breach of this Agreement; provided that, in the case of
a default under Section VII for causes beyond the Property Owner's control that cannot with due
diligence be cured within such sixty (60) day period or in the event that the failure to cure
results from ongoing negotiations with federal or state officials, administrative proceedings or
litigation regarding the necessary cure steps, then the cure period shall be extended until such
negotiations, administrative proceedings or litigation are concluded.
B.
Default by City
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved
4
of all further obligations hereunder, but the Property Owner shall not be relieved of the
obligation to pay any amounts that accrued prior to such termination. In the event of
termination, the City shall have the right to repeal the ordinance designating the affected area
as an industrial district. Provided, however, if the termination occurs as a result of the
City's exercising its option to terminate (as provided in the first sentence of this Section
IX.B), 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 unless
such property is subsequently annexed by the City pursuant to Section IV. 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 unless it is
annexed by the City.
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
E
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 IDA payment 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.
n
s
XVI.
No Municipal Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection, (4) road or street repairs, and (5)
garbage pickup service.
XVII.
Severability
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. If it is not possible to so reform such provision, covenant,
obligation or agreement, such determination shall not affect any other provision, covenant,
obligation or agreement, each of which shall be construed and enforced as if the invalid or
unenforceable portion were not contained herein. Provided, further that such invalidity or
unenforceability shall not affect any valid and enforceable provision thereof, and each such
provision, covenant, obligation or agreement shall be deemed to be effective, operative, made,
entered into or taken in the manner and to the full extent permitted by law. Notwithstanding
the above, if the application of this Section XVII requires reformation or revision of any term
that removes or materially diminishes the obligation of the Property Owner to make the
payments to the City described herein (except in the event of a reformation that shortens the
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.
Ambi ug ities
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 , 2020, and on behalf
of the City this day of m 12020.
COVESTRO LLC
By: -
Printed Name
Title L
8
STATE OF
COUNTY OF
Before me, , the undersigned notary public,
on this day personally appeared , the
of Covestro, LLC, the owner of the affected property, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same
for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of )2020.
Notary Public in and for the State of
CITY OF BAYTOWN
BRANDON CAPETILLO, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
KAREN L. HORNER, City Attorney
VICTOR BROWNLEES, Finance Director
R:UKaren Homer\DocumentsTilesTontracts Industrial District Agreements Covestro\2020 IDA with Covestro.doc
Exhibit A
The property subject to this Industrial District Agreement is located at 8500 West Bay Road, Baytown,
TX 77523. It is shown on the attached diagram and a legal description is provided thereto.
a �
u q r m `_�-per L''' Jj• J 1
'+ + 11 ::`2s�.�_�-r'_--'-- 'tIS�M �,=-�'=� `5jt�..i1" i 11 ,tiP 1 ;
i [.!•�E J"=3sXJ' - _.-• •: '.Y - - --. --:.-.fir--- ---- , _ ., .�----L=� - ''-' 1
-••-Se
( '�•a�'-_ _ems- __' ,, +��p w. u —11 I fl:O
-. _fit` � _ � -• a � � li, i i i 1 a 1
�-^-� c CXRISTUN SMITH LEAGUE ' ie
t i C
A-22 i iiiJ l
=-zz. 1 1r I
L _ ..------ --- - --' '•'tom= 1 , I , 1
YS'J6
' f-------- i --•-------------- - L__J 1 I�!• I
t'-----r----'-'-- I' I ' 11-!' I
`-----.-.--------------t
��lt -'-----_-- ----- ----------__"___- ----- -r-- i 1-J' I
--- --i c.- ----''mi 1017.6997 AC.
to
11 I FM
---------, ,
— ---
it
t!Lue
I1
I 1
Z.� 11 I , I J�II1111 1 1
wo
I
I
-:.--}-'----
,
`' 'r :L�� • .., ... N� zr�'�Fs.'a—mix _x
�s smai--
s?i tir.�iiSQy{•Ifw:- 1.•sc+emrs:s---....._.
- m �� ••- S-•-AG �St37L�LC.Tit--•RL'�
...-
x�sm�alr�xiaYslta
va.•msaavrsaoarr 'pJYy,
re tav�rswsrr-•-� —•—•� =' ��•�
as:asswrasssr-• Ana,-st= :=-�at�_
TS iY6N?IQII:���-
�r.:c-•-•------RAUSC TC 01 A1�-� SSOCAh
ac i.Zras7l2v vrnviu-.
mu:varnw� aas�t� .,... mows.
STATE OF TEXAS)
COUNTY OF CHAMBERS)
FIELD NOTES of a 1017.6997 acre tract of land situated in the Christian Smith League,
Abstract 22, the R. A. Porter Survey, Abstract 205, the G. L. Short Survey, Abstract 228
and the Thomas Shepherd Survey, Abstract 229, Chambers County, Texas and including
all or part of the following tracts of land:
A called 9.2952 acre Tract 2 conveyed by Vince Vallone, Trustee to Mobay Corporation
by Deed dated October 8, 1987 and recorded in Volume 27 at Page 553 of the Official
Public Records of Chambers County, Texas;
A called 4.7038 acre tract (Lot 3 of Forrest Cove Subdivision as recorded in Volume B at
Page 83 of the Map Records of Chambers County, Texas) as conveyed by Walter C. Hill,
et ux, to Mobay Corporation by Deed dated April 28, 1988 and recorded in Volume 45 at
Page 620 of the Official Public Records of Chambers County, Texas;
Lots 4, 5 and 6 of said Forrest Cove Subdivision;
A called 43.682 acre Tract 1 conveyed by Vince Vallone, Jr., Trustee to Mobay
Corporation by Deed dated October 8, 1987 and recorded in Volume 27 at Page 553 of
the Official Public Records of Chambers County, Texas;
A called 3.988 acre tract (Lot 7 of said Forrest Cove Subdivision) as conveyed by Joseph
Norman, Jr., et ux, to Mobay Corporation by Deed dated June 10, 1988 and recorded in
Volume 49 at Page 518 of the Official Public Records of Chambers County, Texas;
A called 5.9530 acre tract (Lot 8 of said Forrest Cove Subdivision) as conveyed by J. W.
(Don) Johnson, Trustee to Mobay Corporation by Deed dated October 27, 1987 and
recorded in Volume 29 at Page 294 of the Official Public Records of Chambers County,
Texas;
A called 0.660 of an acre tract of land conveyed by Chambers County Development Co.
to the State of Texas and Chambers County, Texas, dated November 19, 1975 and
recorded in Volume 375 at Page 145 of the Deed Records of Chambers County, Texas;
A called 7.5184 acre Tract 1 conveyed by J. W. (Don) Johnson, Trustee, to Mobay
Corporation by Deeds recorded in Volume 28, Page 359, Volume 30, Page 434, Volume
101, Page 301 and Volume 103, Page 693 of the Official Public Records of Chambers
County, Texas;
A called 7.5588 acre tract of land conveyed by J. W. (Don) Johnson, Trustee, to Mobay
Corporation by Deed dated October 9, 1987 and recorded in Volume 27 at Page 548 of
the Official Public Records of Chambers County, Texas;
PAGE 2 — 1017.6997 Acres
A called 7.7203 acre Tract 1 conveyed by Vincent Vallone, Trustee, to Mobay
Corporation by Deed dated June 12, 1989 and recorded in Volume 80 at Page 640 of the
Official Public Records of Chambers County, Texas;
A called 0.0386 of an acre Tract 3 conveyed by Vince Vallone, Trustee, to Mobay
Corporation by Deed dated October 8, 1987 and recorded in Volume 27 at Page 560 of
the Official Public Records of Chambers County, Texas;
A called 8.066 acre Tract 1 conveyed by Vincent Vallone, Trustee, to Mobay Corporation
by Deed dated October 8, 1987 and recorded in Volume 27 at Page 560 of the Official
Public Records of Chambers County, Texas;
A called 20.695 acre tract of land conveyed by Vincent Vallone, Trustee, to Mobay
Corporation by Deed dated October 8, 1987 and recorded in Volume 27 at Page 568 of
the Official Public Records of Chambers County, Texas;
A called 15.9628 acre tract of land conveyed by W. B. Thornton, et al, to Vincent
Vallone, Trustee, by Deed dated October 15, 1986 and recorded in Volume 614 at Page
609 of the Deed Records of Chambers County, Texas; subsequently conveyed to Mobay
Corporation;
A called 150.443 acre tract of land conveyed by Chambers County Development
Company to Mobay Corporation by Deed dated January 4, 1974 and recorded in Volume
352 at Page 148 of the Deed Records of Chambers County, Texas;
A called 7.093 acre Tract 1 conveyed by J. W. (Don) Johnson to Mobay Corporation by
Deed dated October 26, 1988 and recorded in Volume 60 at Page 573 of the Official
Public Records of Chambers County, Texas;
A called 6.533 acre Tract 2 conveyed by J. W. (Don) Johnson to Mobay Corporation by
Deed dated October 26, 1988 and recorded in Volume 60 at Page 573 of the Official
Public Records of Chambers County, Texas;
A called 0.9092 of an acre tract of land conveyed by Maxine W. Clark, et al, to Mobay
Corporation by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of
the Official Public Records of Chambers County, Texas;
A called 2.0491 acre Tract 2 conveyed by Maxine W. Clark, et al, to Mobay Corporation
by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official
Public Records of Chambers County, Texas;
A called 16 acre tract of land conveyed by Chambers County Development Company to
Mobay Chemical Company by Deed dated January 4, 1974 and recorded in Volume 352
at Page 142 of the Deed Records of Chambers County, Texas;
PAGE 3 - 1017.6997 Acres.
A called 15.330 acre Tract 2 conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
345 of the Deed Records of Chambers County, Texas;
A called 10.2306 acre tract conveyed by Chambers County to Bayer Corporation by Deed
dated February 10, 1997 and recorded in Volume 332 at Page 500 of the Official Public
Records of Chambers County, Texas;
A called 30.507 acre Tract 1 conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
345 of the Deed Records of Chambers County, Texas;
A called 36.297 acre Tract 1 conveyed by Sidney S. McClendon, IlI, Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
340 of the Deed Records of Chambers County, Texas;
A called 5.8056 acre tract of land conveyed by Chevron U.S.A., Inc. to Bayer
Corporation by Deed dated October 3, 1996 and recorded in Volume 313 at Page 344 of
the Official Public Records of Chambers County, Texas;
A called 25.4189 acre tract conveyed by Chevron U.S.A. to Bayer Corporation by Deed
dated June 6, 1996 and recorded in Volume 299 at Page 372 of the Official Public
Records of Chambers County, Texas;
A called 286.359 acre Tract 2 conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed recorded in Volume 313 at Page 340 of the Deed Records
of Chambers County, Texas;
A called 1.5722 acre Tract 3 conveyed by Maxine W. Clark, et al, to Mobay Corporation
by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official
Public Records of Chambers County, Texas;
A called 8.3232 acre Tract 4 conveyed by Maxine W. Clark, et al, to Mobay Corporation
by Deed dated March 28, 1988 and recorded in Volume 43 at Page 506 of the Official
Public Records of Chambers County, Texas;
A called 1.242 acre tract of land conveyed by Chambers County to Bayer Corporation by
Deed dated August 16, 1999 and recorded in Volume 424 at Page 316 of the Official
Public Records of Chambers County, Texas;
A called 183.345 acre tract conveyed by Sidney S. McClendon, III, Trustee, to Mobay
Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313 at Page
336 of the Deed Records of Chambers County, Texas;
PAGE 4 — 1017.6997 Acres.
A called 20.19 acre tract of land conveyed by Sidney S. McClendon, III, Trustee, to
Mobay Chemical Company by Deed dated March 10, 1970 and recorded in Volume 313
at Page 250 of the Deed Records of Chambers County, Texas;
A called 90.8157 acre tract conveyed by Sharon Ellis, et al, to Bayer Corporation by
Deeds recorded in Volume 265 at Pages 482, 496 and 502 of the Official Public Records
of Chambers County, Texas;
This 1017.6997 acre tract 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, AS DEFINED BY ARTICLE 21.071 OF THE NATURAL
RESOURCES CODE OF THE STATE OF TEXAS, 1927 DATUM. ALL DISTANCES
ARE ACTUAL DISTANCES. SCALE FACTOR = 0.998965.
BEGINNING at a %z inch iron rod found at the intersection of the South right-of-way line
of F. M. Highway 565 (80 feet wide right-of-way) at the Northeast corner of West Bay
Road and the Northernmost Northwest corner of said called 9.2952 acre tract. Said point
has a Bayer North Plant Coordinate of N=11075.26 and E=7420.03 and a State Plane
Coordinate Value of X=3,296,724.1084 and Y=727,835.6143. Said point being the
Northernmost Northwest corner and POINT OF BEGINNING of this tract.
THENCE: Along the Northernmost North line of this tract and along and with the South
right-of-way line of F. M. Highway 565 and the North line of said called 4.7038 acres, a
North line of said called 43.682 acres, the North line of said Lots 4, 5 and 6 of Forrest
Cove, the North line of said called 3.988 acres, and the North line of said called 5.953
acres, as follows:
North 76 deg. 55 min. 49 sec. East 136.78 feet to a concrete right-of-way marker
found for an angle point in said line;
North 78 deg. 00 nun. 59 sec. East, at 49.89 feet pass a 5/8 inch iron rod found for
the division corner between Lots 1 and 2 of said Forrest Cove Subdivision; in all, a total
distance of 354.65 feet to a %2 inch iron rod, set for an angle point in said line;
North 77 deg. 31 min. 01 sec. East a distance of 745.42 feet to a 5/8 inch iron rod
found for an angle point in said line;
North 77 deg. 21 min. 12 sec. East for a distance of 349.85 feet to a 5/8 inch iron
rod found for an angle point in said line;
North 77 deg. 18 min. 03 sec. East for a distance of 371.14 feet to a concrete
right-of-way marker (leaning) found for an angle point in said line;
North 76 deg. 51 min. 25 sec. East 82.17 feet to a 3/4 inch iron rod found for an
angle point in said line at the Northwest corner of that certain Lease Tract described in
Volume 441 at Page 283 of the Official Public Records of Chambers County, Texas and
an angle point in said line herein described;
PAGE 5 — 1017.6997 Acres.
North 76 deg. 47 min. 49 sec. East 237.65 feet to a concrete right-of-way marker
found for an angle point in said line;
North 76 deg. 28 min. 28 sec. East 304.90 feet to a''/2 inch iron rod, with cap,
found for the Northwest corner of that certain 345 kv Reliant Substation Site;
North 76 deg. 28 min. 28 sec. East 333.21 feet to a % inch iron rod, with cap
found for the BEGINNING POINT of a curve to the left, (non -tangent) and concave
Northerly;
Along and around said curve to the left, in a Northeasterly direction, having a
radius of 612.96 feet; a central angle of 22 deg. 22 min. 49 sec., a chord bearing and
distance of North 64 deg. 59 min. 40 sec. East 237.90 feet, for an arc length of 239.43
feet to a %2 inch iron rod, with cap, found for the TERMINATION POINT of said curve a
the Westernmost corner of that certain 2.402 acre tract conveyed by Reuben E. Casey,
Guardian to Houston Lighting and Power Company by Deed dated August 31, 1967 and
recorded in Volume 289 at Page 486 of the Deed Records of Chambers County, Texas,
and an angle point in said line herein described;
North 76 deg. 38 min. 49 sec. East 193.84 feet to a'/2 inch iron rod, with cap,
found for an exterior Northeast corner of this tract and the Northwest corner of that
certain 6.798 acre tract conveyed by Albert Nelson, et al, to Houston Lighting and Power
by Deed dated October 11, 1967 and recorded in Volume 291 at Page 376 of the Deed
Records of Chambers County, Texas;
THENCE: South 12 deg. 14 min. 55 sec. East along an interior East line of this tract, the
East line of said Lot 8 of Forrest Cove and the West line of said 6.798 acres for a distance
of 1184.55 feet to a''/z inch iron rod, with cap, found for an interior corner of this tract
and the Southwest corner of said 6.798 acres, in the Easternmost North line of said called
150.443 acres;
THENCE: North 76 deg. 42 min. 03 sec. East along the South line of said 6.798 acres
and the Easternmost North line of said called 150.443 acres for a distance of 250.04 feet
to a % inch iron rod, with cap, found for an interior corner of this tract, the Southeast
corner of said 6.798 acres and the Easternmost Northeast corner of said called 150.443
acres; in the West line of said called 7.093 acres;
THENCE: North 12 deg. 14 min. 55 sec. West along an interior West line of this tract,
the East line of said 6.798 acres and the West line of said called 7.093 acres, for a
distance of 1069.78 feet to a %2 inch iron rod, with cap, set for the Northernmost corner of
said 7.093 acres, an exterior North corner of this tract, and in the West right-of-way line
of F. M. Highway 1405 (300 feet wide right-of-way). Said point being in a non -tangent
curve along said right-of-way line, concave Westerly;
PAGE 6 — 1017.6997 Acres.
THENCE: Along and around said curve, to the right, in a Southerly direction, along the
West right-of-way line of said F. M. Highway 1405, the East line of this tract, the East
line of said called 7.093 acres, the Northernmost East line of the Southern Pacific
Railroad (60 feet wide right-of-way), and the East line of said called 6.533 acres, said
curve having a radius of 2600.20 feet, a chord bearing and distance of South 27 deg. 09
min. 27 sec. East 1319.03 feet, for an arc length of 1333.59 to a %2 inch iron rod, with
cap, set for the TERMINATION POINT of said curve.
THENCE: South 12 deg. 27 min. 52 sec. East along the East line of this tract, the West
line of said F. M. Highway 1405, the East line of said called 6.533 acres, the East line of
said called 2.0491 acres, and the East line of said called 8.3232 acres for a distance of
3789.07 feet to a''/z inch iron rod, with cap, set for the BEGINNING POINT of a curve to
the right, concave Westerly;
THENCE: Along and around said curve to the right, along the East and Southeast line of
this tract, the West right-of-way line of said F. M. Highway 1405, the East line of said
called 8.3232 acres, the Southernmost East line of said called 1.242 acres and the East or
Southeast line of said called 90.8157 acres, said curve having a radius of 5579.58 feet, a
chord bearing and distance of South 09 deg. 06 min. 18 sec. West 4102.42 feet, for an arc
length of 4200.94 feet to a'/z inch iron rod, with cap, set at the intersection of the West
right-of-way line of said F. M. Highway 1405 with the Easternmost North line of that
certain Houston Lighting and Power Company 250 feet wide right-of-way described in
Volume 276 at Page 469 of the Deed Records of Chambers County, Texas, for the
Southeast comer of this tract and the Southeast corner of said called 90.8157 acres;
THENCE: South 78 deg. 01 min. 46 sec. West along the Easternmost South line of this
tract, the South line of said called 90.8157 acres and the Easternmost North line of said
H. L. & P. Company Tract, for a distance of 1892.73 feet to a %2 inch iron rod found for
an angle point in said line;
THENCE: North 78 deg. 29 min. 31 sec. West along the Easternmost South line of this
tract, the Southwest line of said called 90.8157 acres and the Easternmost North line of
said H. L. & P. Company Tract, for a distance of 256.14 feet to a %2 inch galvanized iron
pipe found for an angle point in said line;
THENCE: North 55 deg. 15 min. 39 sec. West along the Easternmost South line of this
tract, the Southwest line of said called 90.8157 acres and the Easternmost North line of
said H. L. & P. Company Tract for a distance of 150.82 feet to a'/2 inch iron rod found
for an exterior comer of this tract and the Southernmost corner of that certain Houston
Lighting and Power Company 250 feet wide canal right-of-way described in Volume 284
at Page 833 of the Deed Records of Chambers County, Texas and the Westernmost
corner of said called 90.8157 acres;
PAGE 7 - 1017.6997 Acres.
THENCE: North 42 deg. 18 min. 43 sec. East along an interior North line of this tract,
the Northwest line of said called 90.8157 acres and the Southeast corner of said H. L. &
P. Tract last above mentioned, for a distance of 4136.55 feet to a %2 inch iron rod found in
the East line of the Smith League and the West line of the Shepherd Survey for an
interior corner of this tract, an interior corner of said called 90.8157 acres and an exterior
corner of said H. L. & P. tract last above mentioned;
THENCE: North 12 deg. 14 min. 55 sec. West along an interior West line of this tract,
the East line of said Smith League, the West line of said Shepherd Survey, the
Northernmost West line of said called 90.8157 acres and the Northernmost East line of
said H. L. & P. tract last above mentioned for a distance of 58.93 feet to a 1 inch iron
pipe found for the Northwest corner of said Shepherd Survey, the Southwest corner of
said Short Survey, the Southwest corner of said 1.242 acres and the Northernmost
Northwest corner of said called 90.8157 acres;
THENCE: Continue North 12 deg. 14 min. 55 sec. West along an interior West line of
this tract, the East line of said Smith League, the West line of said Short Survey, the West
line of said 1.242 acres and the Northernmost East line of said H. L. & P. tract last above
mentioned for a distance of 561.08 feet to a %2 inch iron rod, with cap, set for an interior
corner of this tract and the Southeast corner of said called 286.359 acres;
THENCE: South 77 deg. 20 min. 56 sec. West along an interior South line of this tract,
the South line of said called 286.359 acres and the North line of said H. L. & P. tract last
above mentioned, for a distance of 250.01 feet to a % inch iron rod, with cap, set for an
interior corner of this tract, the Northernmost Northwest corner of said H. L. & P. tract
last above mentioned and the Northeast corner of said called 183.345 acres;
THENCE: South 12 deg. 14 min. 55 sec. East along an interior East line of this tract, the
Northernmost West line of said H. L. & P. tract last above mentioned and the
Northernmost East line of said called 183.345 acres for a distance of 489.32 feet to a %2
inch iron rod, with cap, set for an interior corner of this tract, an interior corner of said H.
L. & P. tract last above mentioned and the Easternmost Southeast corner of said called
183.345 acres;
THENCE: South 42 deg. 18 min. 45 sec. West along the Northwest line of said H. L. &
P. tract last above mentioned, the Southeast line of said called 183.345 acres and an
interior South line of this tract, for a distance of 4041.34 feet to a %2 inch iron rod, with
cap, set in the Northeast line of said H. L. & P. canal tract for an exterior Southeast
corner of this tract, the Southernmost corner of said called 183.345 acres and the
Westernmost corner of said H. L. & P. tract described in Volume 284 at Page 833;
PAGE 8 - 1017.6997 Acres.
THENCE: North 55 deg. 22 min. 03 sec. West along a Southwest line of this tract, the
Northeast line of said H. L. & P. canal tract and the Westernmost South line of said called
183.345 acres for a distance of 949.44 feet to a''/2 inch iron pipe found for an interior
corner of this tract, an interior corner of said called 183.345 acres and the Northernmost
Northeast corner of said H. L. & P. canal tract;
THENCE: South 77 deg. 50 min. 05 sec. West along an exterior South line of this tract,
the Westernmost South line of said called 183.345 acres and the Northernmost line of
said H. L. & P. canal tract for a distance of 556.85 feet to a '/2 inch iron pipe found for the
an exterior Southwest corner of this tract and the Westernmost Southwest corner of said
called 183.345 acres; in the East right-of-way line of West Bay Road (right-of-way width
varies);
THENCE: North 06 deg. 28 min. 44 sec. West along the Southernmost West line of this
tract, the Northernmost West line of said called 183.345 acres and the East right-of-way
line of said West Bay Road for a distance of 2021.37 feet to a concrete right-of-way
marker (leaning) found for an angle point in said line;
THENCE: North 07 deg. 06 min. 38 sec. West along the Southernmost West line of this
tract, the Northernmost West line of said called 183.345 acres and the East right-of-way
line of said West Bay Road for a distance of 97.95 feet to a %2 inch iron rod, with cap, set
for an interior corner of this tract, the Northwest corner of said called 183.345 acres and
the Southwest corner of said called 286.359 acres;
THENCE: South 77 deg. 35 min. 01 sec. West along the Westernmost South line of this
tract, over and across West Bay Road, at 81.64 feet pass a %2 inch iron rod found in the
West right-of-way line of said West Bay Road for the Southeast corner of said called
20.19 acres, along the South line of said 20.19 acres and the North line of a tract of land
now or formerly owned by Houston Lighting and Power Company, for a total distance of
2075.79 feet to a point on the East bank of Cedar Bayou for the Southwest corner of said
called 20.19 acres, the Northwest corner of said Houston Lighting and Power Company
Tract and the Westernmost Southwest corner of this tract;
THENCE: Along and with the meanders of the East bank of Cedar Bayou, along the
Northernmost West line of this tract, the West line of said called 20.19 acres, the West
line of said called 25.4189 acres, the West line of said called 5.8056 acres, the West line
of said called 36.297 acres, the West line of said called 30.507 acres, the West line of
said called 150.443 acres, and the West line of said called 0.0386 of an acre, as follows:
North 13 deg. 05 min. 17 sec. East 116.09 feet;
North 02 deg. 19 min. 56 sec. West 192.02 feet;
North 14 deg. 15 min. 31 sec. West 152.30 feet;
North 14 deg. 50 min. 07 sec. West 159.42 feet;
North 14 deg. 24 min. 46 sec. East 48.27 feet;
North 36 deg. 50 min. 20 sec. East 53.76 feet;
PAGE 9 - 1017.6997 Acres.
North 14 deg. 31 min. 59 sec. West 315.76 feet;
North 62 deg. 58 min. 59 sec. West 83.09 feet;
North 03 deg. 36 min. 36 sec. East 39.78 feet;
North 11 deg. 50 min. 27 sec. East 124.63 feet;
North 26 deg. 07 min. 21 sec. East 45.65 feet;
North 33 deg. 32 min. 47 sec. East 132.21 feet;
North 44 deg. 36 min. 21 sec. East 73.82 feet;
North 51 deg. 05 min. 16 sec. East 73.10 feet;
South 89 deg. 24 min. 44 sec. East 86.38 feet;
North 10 deg. 00 min. 43 sec. East 338.55 feet;
North 25 deg. 55 min. 48 sec. West 64.10 feet;
North 05 deg. 15 min. 21 sec. West 90.67 feet;
North 09 deg. 41 min. 12 sec. West 291.96 feet;
North 49 deg. 25 min. 42 sec. West 30.38 feet;
North 29 deg. 26 min. 51 sec. West 162.41 feet;
North 29 deg. 45 min. 56 sec. West 92.05 feet;
North 25 deg. 58 min. 28 sec. West 113.21 feet;
North 26 deg. 40 min. 01 sec. West 161.74 feet;
North 31 deg. 32 min. 11 sec. West 143.70 feet;
North 31 deg. 52 min. 31 sec. West 132.42 feet;
North 25 deg. 15 min. 10 sec. West 128.55 feet;
North 12 deg. 16 min. 34 sec. West 95.14 feet;
North 14 deg. 59 min. 47 sec. East 113.43 feet;
North 40 deg. 09 min. 43 sec. East 544.35 feet;
North 44 deg. 48 min. 23 sec. East 80.02 feet;
North 47 deg. 37 min. 45 sec. East 98.72 feet;
North 56 deg. 58 min. 29 sec. East 84.40 feet;
North 68 deg. 44 min. 02 sec. East 87.95 feet;
North 79 deg. 36 min. 22 sec. East 50.29 feet;
South 80 deg. 00 min. 07 sec. East 85.28 feet;
South 71 deg. 57 min. 49 sec. East 84.68 feet;
South 67 deg. 00 min. 26 sec. East 91.64 feet;
South 58 deg. 37 min. 04 sec. East 75.48 feet;
South 65 deg. 04 min. 51 sec. East 143.48 feet;
South 53 deg. 10 min. 45 sec. East 62.94 feet;
South 67 deg. 23 min. 01 sec. East 120.14 feet;
South 72 deg. 50 min. 12 sec. East 83.63 feet;
North 85 deg. 42 min. 25 sec. East 60.73 feet;
North 88 deg. 57 min. 03 sec. East 82.87 feet;
North 67 deg. 36 min. 02 sec. East 116.16 feet;
North 61 deg. 15 min. 35 sec. East 95.17 feet;
North 46 deg. 35 min. 31 sec. East 117.90 feet;
North 29 deg. 20 min. 01 sec. East 74.33 feet;
North 20 deg. 34 min. 45 sec. East 69.19 feet;
North 15 deg. 53 min. 14 sec. East 73.58 feet;
PAGE 10 — 10 17.699 7 Acres.
North 10 deg. 17 min. 07 sec. East 141.33 feet;
North 06 deg. 16 min. 08 sec. East 94.59 feet to a point at the intersection of the
East line of Cedar Bayou with the West line of West Bay Road (120 feet wide right-of-
way) and the West line of said called 10.2306 acres;
THENCE: Along and with the meanders of West Bay Road, the Westernmost West line
of this tract, the West line of said called 10.2306 acres and the East line of a 0.041 of an
acre tract of land described in Volume 614 at Page 609 of the Deed Records of Chambers
County, Texas and the East line of a residue tract out of said called 20.695 acres, as
follows:
North 01 deg. 14 min. 24 sec. East 104.75 feet;
North 02 deg. 03 min. 55 sec. West 94.22 feet;
North 01 deg. 02 min. 11 sec. West 289.09 feet to a % inch iron rod, with cap, set
for the BEGINNING POINT of a curve to the left, concave Westerly.
THENCE: Along and around said curve to the left, in a Northwesterly direction along
the West line of said called 10.2306 acres, the East line of said residue out of said called
20.695 acres and the Westernmost West line of this tract, said curve having a radius of
914.93 feet, a chord bearing and distance of North 15 deg. 39 min. 11 sec. West 49.10
feet, for an arc length of 49.11 feet to a %Z inch iron rod, with cap, set for the
TERMINATION POINT of said curve;
THENCE: North 17 deg. 01 min. 55 sec. West along the Westernmost West line of this
tract, the East line of said residue out of said called 20.695 acres and the West line of said
called 10.2306 acres, for a distance of 141.88 feet to a % inch iron rod, with cap, set for
an exterior Northwest corner of this tract and the Northwest corner of said called 10.2306
acres, in the West line of Shell Dock Road;
THENCE: North 77 deg. 49 min. 58 sec. East along the Westernmost North line of this
tract, and the North line of said called 10.2306 acres, over and across Shell Dock Road
and West Bay Road, for a distance of 174.91 feet to a % inch iron rod found in the East
right-of-way of West Bay Road for the Northeast corner of said called 10.2306 acres, an
interior corner of this tract and the Southwest corner of said called 8.066 acres;
THENCE: North 00 deg. 58 min. 55 sec. West along the Northernmost West line of this
tract, the East right-of-way line of said West Bay Road and the West line of said called
8.066 acres for a distance of 173.66 feet to a''/z inch iron rod found for the Northwest
corner of said called 8.066 acres, the Southwest corner of said called 7.7203 acres and an
angle point in the Northernmost West line of this tract;
THENCE: North 01 deg. 01 min. 39 sec. West along the Northernmost West line of this
tract, the East right-of-way line of said West Bay Road and the West line of said called
7.7203 acres, for a distance of 125.37 feet to a concrete right-of-way marker found for an
angle point in said line;
PAGE 11 - 1017.6997 Acres.
THENCE: North 01 deg. 03 min. 26 sec. West along the Northernmost West line of this
tract, the East right-of-way line of said West Bay Road, the West line of said called
7.7203 acres, the West line of said called 7.5588 and the West line of said called 7.5184
acres, for a distance of 376.28 feet to a''/z inch iron rod found for the Southwest corner of
said called 9.2952 acres and the Northwest corner of said called 7.5184 acres;
THENCE: Continue North 01 deg. 03 min. 26 sec. West along the Northernmost West
line of this tract, the East right-of-way line of said West Bay Road and the West line of
said called 9.2952 acres for a distance of 503.56 feet to a % inch iron rod, with cap, set
for an angle point in said line and the Westernmost Northwest corner of said called
9.2952 acres;
THENCE: North 38 deg. 35 min. 00 sec. East along the Northernmost West line of this
tract, the Northernmost West line of said called 9.2952 acres and the East right-of-way
line of West Bay Road for a distance of 152.64 feet to the PLACE OF BEGINNING and
containing within these boundaries 1017.6997 acres of land.
SURVEYOR'S CERTIFICATE
I, Juliene Ramsey, Registered Professional Land Surveyor No. 4379, do hereby certify
that the foregoing field notes were prepared from an actual survey made on the ground,
under my supervision, in January of 2002 and that all lines, boundaries and landmarks are
accurately described therein.
WITNESS my hand and seal at Baytown, Texas, this the 31s` day of January, A. D., 2002.
ieggistered
e Ramsey
O F
Professional Land Surveyor No. 4379 ,�PoIq�
o-1,99 1
02-2206b.final.fdn .............. C.P.
...JU ENE RAMSEY
.................
y10ftfse �yflQ
BURv