HomeMy WebLinkAboutP.R. 15003: EQUILON ENTERPRISESinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney ~..1',~/~
Date: December 12, 2008
Subject: P. R. No. 15003;
Special Council Meeting December 15, 2008
Regular Council Meeting December 16, 2008
Attached is P. R. No. 15003 authorizing the City Manager to
execute an Industrial District Agreement with Equilon Enterprises.
The material changes are bolded.
MTS:ts
Attachment
cc: Joe Baker
EQUILON
z.pr15003 memo
P. R. No. 15003
12/09/08 is
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INDUSTRIAL D:CSTRICT AGREEMENT WITH
EQUILON ENTERPRISES
WHEREAS, the City Council of the City of Port Arthur deems it
in the best interests of the citi:,ens of Port Arthur to enter into
an "In Lieu of Tax" Agreement with Equilon Enterprises.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T'HE CITY
OF PORT ARTHUR:
Section 1.
That the fact: and opinions in the preamble
are true and correct.
Section 2.
That the City Council hereby authorizes t:he City
Manager to execute an "In Lieu of Tax" Agreement with Equilon
Enterprises, in substantially the same form as attached hereto as
Exhibit "A".
Section 3. That Equilon Enterprises shall sign and. return
the Agreement by December 23, 20013, or this Resolution is null and
void and the property described herein is annexed, effective
December 31, 2008 at 11:59 p.m., as further delineated in P. O. No.
5925.
Section 4.
That a copy of the caption of this Resohution be
spread upon the Minutes of the Ci1~y Council.
READ, ADOPTED AND APPROVED or.~ this day of
A.D. , 2008, at a Meeting of the City Council of the City of Port
z.pr15003
Arthur, by the following vote: AYF?S:
Mayor
Councilmembers
NOES:
_:
MAYOR
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED AS TO FORM:
/`~~/l ~/
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
z.pr15003
EXHIBIT "A"
STATE OF TEXAS ~
COUNTY OF JEFFERSON ~
INDUSTRIAL DISTRICT AGREEMENT
WITH EQUILON E:[~TERPRISES, LLC
(X109)
WHEREAS, in February 2007, the City of Port Arthur
(hereinafter referred to a.s the "City") and Equilon
Enterprises, LLC entered into an Industrial District
Agreement for the Equilon pipeline facility providin<~ for
the payment to the City of Port Arthur of $26,500 per year
from 2004 to 2008; and,
WHEREAS, the Industrial District Agreement was
approved by Resolution No. 03-353 and expires December 31,
2008; and,
WHEREAS, the assessed value on this facility has grown
over the years to the JCAD assessed value of at least
$5,136,590; and
WHEREAS, the City Council is concerned as tc> the
unemployment rate of Port Arthur residents; and,
WHEREAS, the City Council is interested in maximizing
job opportunities and contracting opportunities for Port
Arthur residents and Port Arthur businesses and
contractors. The Council is interested in working witY:~
industry and Lamar State CollE=_ge-Port Arthur to obtain
z.ida_Equilon 2009.12.11a 1
sound information on current hiring and procurement
efforts, including results, and working with industry and
the Port Arthur City Council t:o try to increase employment
opportunities for Port Arthur residents and procurement for
Port Arthur companies; and
WHEREAS, the Council also believes improved
opportunities for minority anci women-owned businesses is
important; and
WHEREAS, Company hiring and procurement experience and
efforts to increase Port Arthur resident hiring and Port
Arthur procurement opportunities will be considered by the
Council in future in-lieu of t.ax contractual agreements;
and
WHEREAS, the Company will provide updated written
reports at such intervals as requested by the City during
the term of this Agreement; and
WHEREAS, the Company ovans the property describE~d in
Attachment "A"; and
WHEREAS, the City and the Company desire to enter into
an Industrial District Agreement with respect to the
property described in Attachment "A" that is within the
extraterritorial jurisdiction of the City; and
z.ida Equilon 2009.12.11a 2
WHEREAS, the City and the Company agree that there' has
been full and adequate consideration for this Agreement;
and
WHEREAS, this Agreement is authorized under Sections
42.044 and 212.172 Local Government Code, Vernon's 'T'exas
Code Annotated and Article 1, Section 5 of the City's
Charter, and that the parties agree that the foll~~wing
terms are reasonable, appropriate, and not unduly
restrictive of business activities; and
WHEREAS, all parties find that this Agreement, as
delineated herein, is beneficial to each party.
NOW, THEREFORE, in consideration of the promise: and
the mutual agreements of the parties contained herein, the
City and the Company agree with each other a:~ follows:
Section 1-Payments by the: Company
(a) For the year 2009, the Company sYiall pay to the
City the amounts delineated i:n this Section so long as this
Industrial District Agreement. is in full force and effect
and all of the property described in Attachment "A" is not
annexed by the City.
(b) The Company shall pay to the City of Port Arthur
amounts equal to seventy-five percent (750) of the amount
of taxes that the Company would have paid to the City with
z.ida Equilon 2009.12.11a 3
respect to the land, improvements, units, equipment,
inventory and all other property located on the :Land,
described in Attachment "A", as if they had been located
within the corporate limits of: the City of Port Arthur. The
"In Lieu of Tax" payment shall be paid by October 15, 2009.
(c) The City shall not refund or credit any monies
previously paid by the Company prior to the date of the
execution of this Agreement, either directly or indirectly,
to the City. Except as de:Lineated in Section 15, once
monies are paid to the City of Port Arthur on October' 15,
2009, the City shall not refund or credit any of said
monies.
Section 2. In working with the City Council, the
Company shall also do the following:
(a) The Company will notify the City Council and post
job openings with the Texas Workforce in Port
Arthur. The Company will also request that: its
contractors and subcontractors notify the City
Council and post its job openings with the 'T'exas
Workforce in Port AY•thur.
(b) The Company will :notify the fo:Llowing of job
openings:
• City of Port Arthur
• Official newspaper of the City
z.ida Equilon 2009.12.11a 4
• Texas Work Force Commission
• Lamar StatE> College of Port Arthur
• Port Arthur. ISD
• Sabine Pas: ISD
• Port Arthur Labor Unions
• Digital Work Force
• Associations representing historically
underutilized segments of the
population in Port Arthur who cor.~tact
the PartiE:s as to be notified of job
opportunities
The Company will also request that its
contractors and subcontractors notify the above
nine entities of job openings.
(c) The Company will malte reasonable efforts to break
up any new construction contracts and major
service contracts to allow Port Arthur
contractors the opportunity to bid on the
projects.
(d) The Company will include a provision in the
Company's contracts with any new prime
construction contractors or major service
contractors, which requires the prime contractors
z.ida_Equilon 2009.12.11a
s
to read and comply with the terms of this
Agreement relating to the use of Port AY~thur
vendors, suppliers, subcontractors,
professionals, and historically underutilized
businesses and segme:nts of the population.
(e) The Company and its contractors will pay at Least
the prevailing wage, as reasonably set by the
City, in accordance with Chapter 2258, Texas
Government Code, V.T.C.A.
Section 3. If requesi~ed orally or in writin~~ by
the Company, the City's Fire Department shall provide x~ack-
up Fire Suppression Support as determined by the C=Lty's
Fire Chief, and the City's Police Department shall a:~sist
in providing an evacuation route and traffic control irl the
case of a fire or a chemical release at the Comp~~.ny's
facilities located in the City's extraterritorial
jurisdiction. Nevertheless, t=he Company shall abide bs,r and
shall take such precautions, as to prevent (1) fires,
explosions and chemical releases and (2) the imprudent
discharge of storm water that contribute to floodir.~g on
adjacent property. The Company shall also provide an
evacuation as is expected in the industry, and as is
required by applicable fede:ral and state laws, and. the
health and safety laws of t:he City. The Company shall
z.ida_Equilon 2009.12.11a 6
employ or provide sufficient primary fire suppre:~sion
response, as well as control and abate chemical rele~~ses.
The Company shall provide the City's Fire ClZief and Police
Chief with Emergency Response Plans for any pl~~nts,
refineries, chemical operations or other haza=rdous
operations that take place on the land, described in
Attachment "A". If there is a fire and the City is
requested to provide initial and primary faire suppre;~sion
services or if a clean up is :required, the Company wil:L pay
to the City the costs and expo=_nses incurred :by the City and
any of its departments or of any of its affiliated
providers, i.e. ambulance companies that are called to the
scene.
Section 4. The Company shall immediately n~~tify
the central dispatch office which serves the City's Fire
Chief, Police Chief, and thE~ City's Emergency Manage°ment
Coordinator of all incidents involving fires, serious
injuries, deaths, chemical releases and flooding that
create a health and safety hazard to the community or that
exceed OSHA, TNRCC or EPA permissible exposure limits.
Section 5. Annexation for Health, Safety and
Welfare Reasons. It is specifically stipulated that
nothing in this Agreement will in any manner limit or
restrict the authority of the City to annex all or part of
z.ida Equilon 2009.12.11a ~
said lands and facilities during the period of the
Agreement if the City should determine that such annexation
is reasonably necessary to promote and protect the general
health, safety, and welfare of the persons residing within
or adjacent to the City, provided however, that the City
/ agrees that such annexation for the land described in
Attachment "A" prior to October 1, 2009 will not be made
for revenue purposes only.
Section 6. Annexation due to Legislative Action.
Notwithstanding the provisions of Section 5, the parties
agree and consent that the City may annex if a bill is
adopted by the State legislature which limits or restricts
the authority of the City to annex all or part of said land
and improvements. In the event of annexation, the Company
will not be required to make further payments under this
Agreement for any calendar year commencing after annexation
with respect to the property so annexed, but shall
nevertheless be obligated to make full payments for• the
year during which such annexation becomes effective ii= the
annexation becomes effective after January 1"t of said year.
The Company shall not be required to pay ad valorem taxes
to the City for the same period of time they have already
paid an "in lieu of tax" payment, with respect to the
property described in Attachmf~nt "A" to this Agreement. If
z.ida Equilon 2009.12.11a
a
for any reason, the City can not annex the property of= the
Company and if the parties cannot reach an agreement on a
new payment schedule or on a new "in lieu of tax"
agreement, the Company agrees that it will continue to pay
to the City the "in lieu of tax" payments delineated in
Section 1 until December 31, 2009, and it will there~~fter
continue to annually pay the City an "in lieu of tax"
payment of seventy five percent (75 0 ) of its taxable ~~alue
times the City's tax rate for so long as it or its
assignees and successors or ai=filiates own t:tie propert~r, as
described in Attachment "A". Payments will be due on
October 15th of each year. Pursuant to Sections 42.046 and
212.172 Local Government Code, the Company agrees and
consents that the City has the option, in the City's sole
discretion, to extend this contract and that the Company
will continue to annually pay the City "in lieu of tax"
payments at the seventy-five (750) rate, as denoted above,
for successive periods not to exceed 15 years each, f:or a
total duration not to exceed 45 years, or the ma:~cimum
period allowed by law, whichever is longer. "Taxable v<~lue"
is the value as determined by the Jefferson County
Appraisal District in appraisal rolls after the completion
of all litigation and appeals (if any), of all property,
land, industrial realty, improvements, units, equipment,
z.ida Equilon 2009.12.11a 9
inventory, and all other property, excluding the value of
exempt pollution control devices, owned or leased bar the
Company and located within the extra-territ~srial
jurisdiction of the City, as described in .Attachment "A".
The "taxable value" also includes the assessed value o:E any
property that is located in a foreign trade zone or i~Z any
other type of federal, state, or local zone.
Section 7. The partiE~s agree that t:he City ha~~ the
sole discretion, after October 1, 2009, to annex the
property in Attachment "A" or to enter into negotiations on
the payment by the Company o:E additional "in lieu of tax"
payments.
Section 8. The present owners and lessees ofd the
land, improvements, units, equipment, inventory, and. all
other property located on the land in Attachment "A" are
described in Attachment "B". 'Phe City reserves the right to
annex that tract or parcel. with the minimum required
adjacent area, as per Chapter 43 Local Government Code=_, if
the owners or the lessees do not pay an "in lieu of tax"
payment for its interest in t:he land, improvements, units,
equipment, inventory, and all other property located on the
property, as described in Attachment "A". Nothing
contained herein shall be cor.~strued to prohibit or prevent
the Company from paying the other owners' or lessees'' "in
z.ida Equilon 2009.12.11a 10
lieu of tax" payment to prevent annexation by the City. If
the City annexes a tract or tracts, the total "in liE~u of
tax" payment will be reduced by the same percentage a:~ the
assessed value of the tracts under the contract are
reduced.
Section 9. If the Company desires to assign this
Agreement to any person, the Company shall provide written
notice of such assignment and shall receive the written
consent of the City Council, by a duly adopted Resolution,
which will not be unreasonably withheld. Th.e Company shall
provide the description of the new Company and such other
information as is reasonably :requested to indicate that the
new Company will safely opera1~e the facility, act as a good
corporate citizen, and will fully abide by the ter~is of
this agreement. If the assignment is approved by the City
Council, the Company shall b~~ relieved of its obligations
under this Agreement to t:he extent that an assignee
expressly assumes the Company's obligations. Subject to
the preceding, this Agreement shall inure to the benefit of
and be binding upon the parties hereto and its respective
successors and assigns.
Section 10. It is agreed by the parties to this
Agreement that the Company and the City have the right to
z.ida Equilon 2009.12.11a 11
seek equitable relief, including specific performance of
this Agreement.
Section 11. The Company shall allow a reaso~zable
number of authorized employees and/or representatives of
the City who have been designated and approved by the City
Manager, City Council, or N[ayor to have access to the
Company land and/or plants during the term of this
Agreement to inspect the plants and any improvements
thereto to determine comp]_iance with t:he terms and
conditions of the Agreement. All inspections will be made
at mutually agreeable times and will only be conducted in
such manner as to not unrea:~onably interfere with safety
standards and security standards and rules. All
inspections will be made with one or more representatives
of the Company and in accordance with industry s<~.fety
standards.
Section 12. The Company shall participate in the
Port Arthur Industrial Group during the life of this
Agreement in order to assist in the establishment of
apprenticeship, internship, and/or education programs and
projects for the training of Port Arthur residents for
permanent jobs in the Port Arthur area. The Company
further hereby agrees to request and encourage its
contractors and subcontractors to establish and fund their
z.ida Equilon 2009.12.11a 12
own apprenticeship, internship, and/or education programs
and projects for the training of Port Arthur_ resident; for
permanent jobs in the Port Arthur area.
Section 13.
The City reserves the right to hiY~e or
contract for a monitor as to inspect the Company's records
and hiring practices in accordance with this Agreement as
to verify whether the Company has complied and will
continue to comply with this Agreement.
Section 14. The Company certifies ghat they have
not, and will not, knowingly employ an "undocume'nted
worker" which means an individual who, at the time of
employment, is not lawfully admitted for permanent
residence to the United State's or authorized under la.w to
be employed in that manner in the United States. The
Company acknowledges that it has reviewed Chapter 2264,
Texas Government Code, and hereby affirmatively agrees to
repay the amount of any incent=ive with interest at the rate
of ten percent (10 0 ) per annum, not later than the 120th day
after the date the City notifies the Company of a
violation. The Company acknowledges the City may bring a
civil action as to recover any amounts owed under this
Chapter, and further acknowledges that the City may recover
court costs and reasonable attorney's fees incurred in
bringing an action under Section 2264.101, Texas Government
z.ida Equilon 2009.12.11a 13
Code. The Company will also promptly repc>rt to the City
any "undocumented worker" that is impropeY~ly retainE~d by
its contractors or subcontract:ors on its facility.
Section 15. Information on property values.
The Company shall file, in writing wii~h the Director
of Finance of the City, an itemized rendition by affidavit,
in the same form and manner as required by State Law, for
rendition of property for ad valorem tax purposes, of all
its properties (land, improvements, units, equipment,
inventory, and all other ~>roperty) real, personal and
mixed. The Company shall provide to the City a copy of all
pleadings and discovery filed in any litigation or protest
that the Company has with Jefferson County Appraisal
District. Pending final determination of any tax protest
filed by the Company with tlae Jefferson County Appraisal
Review Board, or appeal thereof, the Company shall pay to
City, on October 15, 2009, th~~ amount calculated based upon
the value of the property reflected on the most recently
adopted appraisal roll prepared by or for Jefferson County
Appraisal District. If the final determination of a
protest or an appeal reduces the value of the property
after Company has tendered payment to the City hereunder,
the Company's liability herf~under shall be recalculated
based on the final determination of value, and City ;shall
z.ida_Equilon 2009.12.11a 14
in its discretion, after the final determination of such
protest or appeal, either credit toward future "In LiE~u of
Tax" agreements or refund to Company, the difference
between the amount actually paid hereunder and the arnount
for which the Company is determined to be :Liable, wii~hout
interest. Under no circumstances, shall there be a rE~fund
or a credit of more than ten (10 a ) of any "In Lieu of Tax"
payment made.
Section 16. Electrical Usage. The Company will,
upon request provide the City with information as to the
electrical consumption from Entergy or from any ether
electric utilities, transmission and distribution uti:Lity,
municipally owned utility, electric cooperative, or from
any other source, as well a:~ all metering locations that
service the area in Attachment "A". On August 15, :2009,
the Company shall provide the City Manager or his designee
information, i.e. kilowatt usage as to the electrical
consumption from January 1, 2009 to June 30, 2009 with
another report being made at the end of the year as to the
total electrical consumption.
Section 17. Notice oi° Default. Notwithstanding
anything herein to the contrary contained, :in the event of
any breach by the Company of any of the terms or conditions
of this Agreement, the City shall give the Company not less
z.ida Equilon 2009.12.11a 15
than five (5) business days' written notice, specifyin~3 the
nature of the alleged default, and manner in which. the
alleged default may be satisfactorily cured. Thereafter,
the Company will be afforded <~ reasonable time within ~Nhich
to cure the alleged default. Nevertheless, time is oi= the
essence on the payment schedule for the "in lieu of tax"
payment on October 15, 2009. If the Company does not: pay
the "in lieu of tax" payment on October 15, 2009, the City
can immediately commence annexation proceedings and sue' for
all damages. In case of litigation for breach of the
Agreement and to encourage timely payments„ the City can
seek 1000 of all monies that the City would have recE=_ived
from the Company if it been within the corporate limits,
which include 100a of all taxes, building permits, salE~s or
use taxes, and all franchise fees on electrical u:~age,
interest and penalty thereon, attorney's fees, and court
costs. Also, if the Company intentionally discriminates
against Port Arthur companies, the City can seek the d_Lrect
and indirect damages that the' City would have accrued, if
the discrimination did not occur.
Section 18.
Entire Agreement. This Agreement
constitutes the entire agreement of the parties with
respect to the Projects described herein and supersedes any
and all prior understandings or oral or written agreements
z.ida_Equilon 2009.12.11a 16
between the parties respecting such subject matter, e:~ccept
as otherwise provided in the instruments referenced herein.
This Agreement may be amended only by written instr~zment
signed by all of the parties hereto.
Section 19. Severabili~ If any term or provision
in this Agreement, or the application thereof to any pe=_rson
or circumstance, shall to any extent be held to be in~ralid
or unenforceable by a court o:E competent jurisdiction, such
invalidity or unenforceability shall not affect any other
provision of this Agreement or the applicration thereof,
which can be given effect without the invalid. or
unenforceable provision or application, acid the parties
agree that the provisions of this Agreement are and :hall
be severable. Payment of the "in' lieu of t:ax" payment is
an essential part of this Agreement.
Section 20. Remedies Cumulative. Except as othe=_r-
wise expressly provided herein, all rights, ;privileges, and
remedies afforded the partie:~ by this Agreement shall be
deemed cumulative and not exclusive, and the exercise of
any or more of such remedies shall not be deemed to be a
waiver of any other right, remedy, or privilege pro~rided
for herein or available at law or in equity.
Section 21. Governing Law. This Agreement :hall
be governed by and construed in accordance with the laws of
z.ida Equilon 2009.12.11a 17
the State of Texas . This Ag:reement is to k~e performed in
Jefferson County, Texas.
Section 22. Counterparts. This Agreement may be
executed in counterparts, each of which sha]_1 be deemed an
original, and all of which ta]{en together, shall const:itute
but one and the same instrument, which may :be sufficiE~ntly
evidenced by one counterpart.
Section 23. Authority By acceptance of this
Agreement and/or benefits conferred hereundE~r, the Company
represents and warrants that its undersigned agents have
complete and unrestricted authority to enter into this
Agreement and to obligate and bind the Company to al.l of
the terms, covenants and conditions contained herein.
Section 24. Notice Any notice provided fo:r in
this contract shall be given in writing to the parties
hereto by certified mail, return receipt requested,
addressed as follows:
TO CITY: TO THE COMPANY:
City Manager Shell U.S. Tax Organization
CITY OF PORT ARTHUR 910 Louisiana
444 4th St. Houston, Texas 77002
Port Arthur, TX 77640 Joe.bakerCshel]_.com
z.ida_Equilon 2009.12.11a 18
WITH A COPY TO:
City Attorney
CITY OF PORT ARTHUR
444 4th St .
Port Arthur, TX 77640
(409) 983-8126
(409) 983-8124
Section 25.
This agreement is effective the lst
day of January, 2009, and shall expire on the 31St d~~y of
December, 2009, unless extended by the City of Port Arthur,
as delineated in Section 6.
z.ida_Equilon 2009.12.11a 19
SIGNED AND AGREED t:o on the day of
2008.
EQUILON ENTERPRISES, LLC
BY:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on thi:~ day
personally appeared ,
known to me to be the person whose name is ,ascribed to the
foregoing instrument, and acknowledged to me that: he
executed the same as the act and deed of Eq~.lilon
Enterprises, LLC, for the purposes and considerations
therein expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
day of A.D., 2008.
NOTAF:Y PUBLIC, STATE OF TEXAS
z.ida_Equilon 2009-2013 %'•0
SIGNED AND AGREED to on i~he _ day of _ ,
2008.
CITY OF PORT ARTHUR, TEXAS
BY:
Stephen Fitzgibbons
City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON ~
BEFORE ME, the undersigned Notary Public, on this; day
personally appeared Stephen Fitzgibbons, City Manager of
the City of Port Arthur, known to me to be t:he person whose
name is ascribed to the foregoing instrument, and
acknowledged to me that he exE~cuted the same as the act- and
deed of the City of Port Arthur, for the purposes and
considerations therein expressed, and t:he capac=ties
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE.
day of A.D., 2008.
NOTARY PUBLIC, STATE OF TEXAS
z.ida_Equilon 2009.12.11a 21
LIST OF A'.['TAC~IMENTS
• "A" Area of land owned by The Company
• "B" Description of owners of property
z.ida Equilon 2009.12.11a 22
ATTACFID![ENT "A"
Attached is the legal description of the tract that
contains the pipeline and eight tanks of Equi.lon
Enterprises, LLC as well as a drawing of the tract.
z.ida Equilon 2009.12.11a 23
P2-Legal Description of F2-0-W for 1953 Pipeline
CENTERLINE DESCRIPTION FOR THE 'TEXAS PIPE LINE COMPANY 12-INCH
DIAMETER PIPE LINE - PORT ARTHUR PLANT TO PORT ARTHUR PRODUCTS
STATION (Laid 1953)
Being across Lots 3, 5 anal 6 of Block 5, Range P, Lots
4 and 5 of Block 6, Range P, and Lots 4 and 5 of Block 7, Range
P of Port Arthur Land Company Subdivision of Jefferson County,
Texas; being more particularly described as follows:
BEGINNING at a concrete Texaco monument located
N 50" 46' S2" W 146.25 feet from the intersection of the north-
east right of way line of Texas State Highway Spur No. 214
104 foot right of way with the dividing line between Lot 3 of
Block 5, Range P and Lot 6 of Block 4, Range P of Port Arthur
Land Company Subdivision of Jefferson County, Texas. Said point
is further described as being on the northeast right of way line
of Texas State Highway Spur No. 214 and on the southwest property
line of Texaco Inc.
THENCE S 50~ 46' S2" E along the said Texaco Inc. property
line 131.40 feet to a point marking the intersection of the ex-
tended centerline of Texaco Inc. North-South Road with the
Texaco Inc. southwest property line;
THENCE N 39`~ 15' 38" E along said Texaco North-South Road
centerline 46.00 feet to the point of beginning.
THENCE N 48'~ 53' W 361 feet, more or less, to a point;
THENCE N 3~' S3' W 100 feet, more or less, to a point;
THENCE N 48`~ 53' W 2032 feet, more or less, t:o a point;
THENCE S 75`'' 37' W 11 feet, more or less, to a point on
the northeast right of way line of Texas State HigYcway Spur No.
214 200 foot right of way and on the southwest property line of
Texaco -Inc . ;
THENCE continuing S 75`"' 37' W across said Texas State
Highway Spur No. 214 243 feet, more or less, to a point on the
southwest right of way line of the same said Spur T1o_ 214 and on
the north-east property line of Texaco Inc.;
THENCE continuing S 75~ 3~7' W 684 feet, more or less, to
a point;
THENCE N 48~ 43' W 1899 f`.eet, more or less, crossing a 222
foot Jefferson County Drainage District No. 7 outfall canal ease-
ment to a point;
THENCE N 54~ 43' W 615 feet, more or less, to a point;
THENCE N 47~' 51' W 2344 f=eet, more or less, 1.o the point o:E
ending on the northwest property line of Texaco Inc. and the south
line of Texas State Highway No. 73 right of way.
The above described centE=_rline description covers 8289
linear feet, more or less, of right of way across '.Cexaco Inc.
fee property.
A2-Legal Description of R-O-W for 1963 Pipeline
CENTERLINE DESCRIPTION FOR THE TEXAS PIPE LINE COMPANY 12-INCH
PRODUCTS PIPE LINE - PORT ARTHUR PLANT TO PORT ARTHUR PRODUCTS
STATION (Laid 1963)
Being across Lots 3, 5 and 6 of Block 5, Range P, Lots 4
and 5 of Block 6, Range P, and Lots 4 and 5 of Block 7, Range P
of Port Arthur Land Company Subdivision of Jefferson County,
Texas; being more particularly described as follow:>:
BEGINNING at a concrete Texaco monument located
N 50~' 46' 52" W 146.25 feet from the intersection of the north-
east right of way line of Texas State Highway Spur No. 214 104
foot right of way with the dividing line between Lot 3 of Block
5, Range P, and Lot 6 of Block 4, Range P, of Port Arthur Land
Company Subdivision of Jefferson County, Texas. Said point is
further described as being on the northeast right of way line of
Texas State Highway Spur No. 21.4 and on the southwest property
line of Texaco Inc.
THENCE S 50~ 46` 52" E along the said Texaco Inc. property
line 131.40 feet to a point maz-king the intersection of the ex-
tended centerline of Texaco Inc:. North-South Road with the
Texaco Inc. southwest property line;
THENCE N 39~' 15' 38" E along said Texaco North-South Road
centerline passing an existing buried 12" The Texa:~ Pipe Line
Company Port Arthur Plant to Port Arthur Products Station (laid
in 1953) at 46.00 feet, passing an existing buried 6" Texaco
Butane Sour Lake to Port Arthur: Plant pipe line at 344.5 feet,
more or less, and continuing N 39'~ 15' 38" E along aforesaid
Texaco North-South Road centerline for a total dis1~ance of 346
feet, more or less, to a point of beginning.
THENCE N 48~' 00' W 162 feet, more or less, to a point;
THENCE N 89~' 38' W 354 feet, more or less, to a point;
THENCE N 48~' S3' W 1,969 feet, more or less, to a point;
THENCE S 75~ 37' W 13.3 :Feet, more or less, to a point on
the northeast right of way line of Texas State Highway Spur No.
214 200 foot right of way and on the southwest property line of
Texaco Inc.;
THENCE continuing S 75~' 37' W across said Texas State
Highway Spur No. 214 242.7 feet, more or less, to a point on the
southwest right of way line of the same said Spur No. 214 and on
the northeast property line of Texaco Inc.;
THENCE continuing S 75~ 37' W 703 feet, more or less, to
a point;
THENCE N 48~' 43' W 1,081 feet, more or less, to a point;
THENCE N 30`~ 20' W 48 feet, more or less to a point;
THENCE N 48° 43' W crossing underground the Jefferson
County Drainage District No. 7 outfall canal centerline at 273.5
feet, more or less, Texaco outfall canal centerline at 627 feet,
more or less, and continuing N 48g 43' W for a total distance of
719 feet, more or less, to a point.
A2-Legal Description of R-O-W for•1963 Pipeline
THENCE N 85~ 35' W 25 feet, more or less, to a point;
THENCE N 54`'~ 43' W 650 feet, more or less, to a point;
THENCE N 47~ 51' W 2,300 feet, more or less, to the point
of ending on the northwest property line of Texaco Inc. and the
south line8of Texas State Highway No. 73 right of way.
The above described centerline description covers 8,267
linear feet, more or less, of right of way across Texaco Inc.
fee property.
A2-Plat of R-O-W for 195:3 and 1963 Pipelines
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TXE TEXAS PIPE LIkE COAIPANI
Eu~rt.Dw. Hvuetow,TCZS:
P-0RT ARTHUR PLANT
PORT ARTHUR STA.
'~~'~A2-Description of Land where 1953 and 1963 Pipelines and R-O-W's are Located
616:1307 ACRES OF LAND & WATER, OUT OF AND A PART OF TILE
B.B.B. & C.R.R. SURVEY, ABSTRACT I<91, B.B.B. k C.R.R. SURVEY,
ABSTRACT X93, B.B.B. & C.R.R. SURVEY,~ABSTRACT $94 AND THE
1Y.P."H, hICFADDIN SURVEY,• ABSTRACT #648, CITY OF PORT ARTHUR,
._•:~...--. •- • -- ~ JEFFERSON COUNTY, •TEICAS '
Being 616.1307 acres of land and water, more or less, out of
and a••part•".of, the, B.B.B., & C.R:R.' Survey, Abstract' f91',
11.B.B. & C.R.R. Survey, Abstract. #93, B.B.B. & C.R.. R. Survey,
Abstract X94 and the W.P.H. hicFaddin Survey, Abstract X648,
Jefferson County, Texas; said 616.1307 acre tract being out
of the 1,819.74 acre tract of land conveyed to T e Texas' '''
Comaanv by T e ort rthur and Comnanv on October lSs. 1914
and recorded in Vol. 146, Page 195, Deed Records of Jefferson
County, Texas; said 616.1307 acre tract of land Ec water being
more fully described by metes and bounds as follows:
All distances, bearings and coordinates a"re referenced
to the Texas Plane Coordinate System, South Central Zone,
Lambert Projection, NAD 83. T'o obtain grid distance multiply
ttte Field Distance by the Scale. Factor which is 0„9999091.
BEGINNING at a found concrete monument having the Texas Plane
coordinates of Y = 13,902,963.155 and X = 3.,553,121.844; said
__t?ain.t~.also. being on the North right. of ~vay of the Southern
_ Pacific Railroad 100' right of way line and the Soutlt.rigttt
• ~•of•~way line of State titivy "73";
THENCE, the •fol-lowing ca•1.1•s a•Ilong and with existing South
right of way line of State Hw:i "73" as follows:
1. South 85 deg., 06 min., 42 sec., East, for a distance
of 301.90' to a found concrete monument for corner;
2. South 73 deg., 56 min., 51 sec., East, for a distance
of 221.28' to a found concrete monument for corner;
3. South 56 deg., 58 min., OS sec., East, for a distance
' of 1,214.38' to a found concrete monument for corner;
4. South 65 deg., 23 mit+., 35 sec., East, for a distance
of 167.36' to a found concrete monument for corner;
S. South 73 deg., 33 min., 58 sec., East, for a distance
of 167.61' to a found concrete monument for corner;
6. South 82 deg., 28 min., 52 sec., East, for a distance
of 167.34' to a found concrete monument for corner.;
7. North 89 deg., 19 min.,, 26 sec., East, for a distance
~• -'="~"=oC^167:34' to a found. concrete monument. foi• corner;
8. North 80 deg., 53 min., 28 sec., East, for a distance
of 167:31,' to a found. concrete monument for corner;
'" -"'"-9"."'-"NoT~tfi-72~deg., 28 ntin., 09~sec., East, for a distance
of 167.32' to a found concrete monument for corner;
10. North 64 deg., 13 min., 46 sec., East, for a distance
of 80.7.56' to a found concrete monument fox corner;
il. North 86 deg., 52 min., it sec., East, for a distance
of 184.60' to a found.c:oncrete monument for corner;
12. South.69 deg., 03 min., 31 sec., East,, for a distance
of 140.56' to a found c:onerete monument for corner;
Page 1 of 3
A2-Description of Land where 1953 and 1963 Pipelines and R-O-W's are located
13. .•South 65 deg., if miq., 02 sec., East, for a distance
of 483.41' to a found concrete monument for corner;
said point also being ion the Soutfi right of way line of
State Hwy .Spur No. 214;. ..' ... - -~• ~• •~
'CHENCE, the following calls along and tvith the South right of
way line of State Ilwy Spur No. 214 as follows:
"" "'1-" South 53 deg., 49 min., 31 sec., last, for a distance
_ _.:.,..,.,.. of .4,541.66' to a found concrete monument for'corner;
2. South 53 deg., 13 min., 59 sec., fast, four a distance
of 275.35' to a found 3/4" iron rod in cancreEe for
• •••corner;
"'•-•~ 3. South 53 deg., 19•min.., 39 sec., East, far a distance
of 1,311.29' to a found concrete monument for corner;
said point also beinC; the Northwest corner of the
Chevron U.S.A. Port P,rthur Plant site; ~ '-
TFIENCE, the following calls along and with the ~Yest property
line of the Chevron U.S.A. Fort Arthur Plant site as follows:
1. South •58 deg., 10 mi'.n., 21 sec., West, for a distance.
• of 173.89' to a found iron pipe for corner;
2. South = 58 deg., 03 min., 5.3 sec., West, for a
distance of 1,629.7f3''•to a point for corner;
3. south 22 deg., 58 m:ln., 07 sec., East, for a distance;
of 156.98' to a poitlt for corner;
4. South it deg., 38 min., 22 sec.., West, for a distance:
of,140.82' to .a point for corner;
.._._..~~~'S.~• South •70 deg., 49 min., 23 sec., West, for a distance
'-~~-""'~'- "of 86.16' to a found 2" .iorn pipe for corner';
" •" 6.' North 21 deg., 39 min.,•'40 sec., West, for a distance
_ of 69.15'. to a found 2" -iron pipe for corner;
• ~ 7. North 50 deg., 19 min., '15 sec., West, for a distance
of 88.07' to a found 2"'iron pipe for corner;
8. North 76 deg., 23 m~in.,'34 sec., West, for a distance
of 126.12' to a f'ou'nd 2" iron pipe for cornier;
9. South 87 deg., 47 min., 41 sec., West, for a distance
of 60.12' to.a found 1 1/2" iron pipe for corner;
10. South 80 deg., 38 min., 34 sec. ,. West, for a distance
• of 80.95' to a found 1 1/2" iron pipe for corner;
11. South 75 deg., 54 min., 18 sec:, West, for a distance
of 100.84' to a found 2"iron pipe for corner;
12. South 71 deg., 58 min a, 20 sec., ~Yest, for a distance
• of 123.52' to a~fottnd 2" iron pipe for corner;
13. South 61 deg., 34 rnin.,~ 12 sec., West, for a distance
•of 91.26' to a found 2" iron pipe for corner;
14. South SS deg., 20 ruin., 06 sec., West, for• a distance
••• of •156:54' to a found 2" iron pipe for corner;
v. ~ „ 15. South 44 deg. , 07 ntin. , 42 sec. , West, for. a distan<;e
of 70.39' to a found 2'; iron pipe for corner;
-- --•--16--`-Soutfi~28 deg. , 12'min'. , 20 sec. , West, for a distance
of 106.95' to a found 2" iron Pipe for corner;
Page 2 of 3
A2'-DESS~ripl;ion'of Land where 1953 and 1963 pipelines and R-O-W's are Located
17. South 65 deg., 30 min., 29 sec., West, Cor a distance
of 159.04' to a found 2" iron pdpe for cornari
18. South 45 deg., 46 min., 58 .sec.,• West, for a distance
of 38.40' to a found :2" iron pipe for corner; '~"
19. South 02 deg., 58 tnin., 26 sec., East, for a distance
•of 68.19' to a found 2" iron Pipe for corner;
20. South 57 deg., 58 min., 28 sec., East, for a distance
of 27.72' to a found 2" iron Pipe for coritier;
21. South 54 deg., 32 min., 48 sec., West, for a distance
of '109.04' to a found 2" iron Pipe for corner;
22. South 57 deg., 23 min., O8 sec., West, for a distance
of 541.58' to a found 2" iron pipe for corner;
23. South 64 deg., 11 min., 46 sec., ~Yest, for a distance
of •295.60' to a found 2" iron pipe for corner;
24. South OS cleg., 47 min., 14 sec., 1Yest, for a distance
._ „ti ,.,.~_..of.318.89' to a found 2•' iron pipe for corner;
____ 25 ._• South 27 deg., 27, min., 30 sec., West, for a. distance
-~ ~ of 255.06' to a found 2" iron pipe far corner;.said
" point also being•on the•North right of way line of
.. said~S.P.R.R. 100'• right of way;
THENCE, North 55 deg., 42 min., 48 sec., West, along the
North right of way line of said S.P.R.R. 100' right of way
for a distance of 655.97' to a found concrete monument for
corner;
THENCE, North = 55 deg., 41 miin., 16 sec.,•West, for a
distance of 477.50' to a found concrete monument for corner;
said point also being the P.C., of a curve•to the right; said
curve has a Radius = 5,665.4S'' and a Central Angle = 24 deg.,
45 min., 31 sec.;
THENCE, along a curve to the right and the North right of way
line of said S.P.R.R. 100' right of way, Arc Length =' ~
2,448.17', Chord'Bearing = North 43 deg., 19 min., 27 .sec.,
• iY'ds~;'Chb'Pd'L'e;lgth = 2,429.17', Radius = 5,665.49' to a found
concrete monument for corner.;; said point also being the P.T.. ..
of said c_urvc_i
_ TI[ENCE, Ref. Line = North 30 deg., 55 min., 48 sec., West,
along the North right of way line of. said S.P.R.R. 100' right
of ~vay for a distance of 5,3:18.61' to the POINT OF BEGINNING
containing 616.1307 acres of••land, more or less. •
This description is based on a standard boundary survey and
plat by Raymond Depwe, Registered Professional Land Suirveyor
No. 2579 in htarcti, 1995.
TEXACO PIPELINE CO.
3/20/95 ...
_.,. _,:.,...,,,, _. Page 3 of 3
Al-Legal Description of Equilon Terminal
BEGINNING at a point .5 39° Ob' 38 " W 2,456.29
feet from the most ;~orthwe;sterly corner of Texaco
Inc.`s 130.49 acre tract o:E land measured a~.ong the
westerly line of the said :130.49 acre tract 'of land,
to point of beginning of a 59 acre tract of land
herein conveyed;
THENCE S 39.° 06'
THENCE S 82° 42'
THENCE N 85° 59'
THENCE N 67° 31`
THENCE N 50° 24`
THENCE N 39° 06'
THENCE N 50° 41`
beginning of said 59
on The Texas Pipe Lin
attached hereto and m.
38" 1~] 2, 643.46 feet;
14'--' ]E 543.69 feet;
46'~ lE 496.82 feet;
29'•' lE 678.53 feet; ,
38'~ E 497.43 feet;
38" ]E 936.60 feet;
47'~ W 1, 245.01' feet to point of
acre tract of land and as shown
e Company Drawing Numbered S~2257
ade a part hereof.
:.r
A1-Equilon Terminal Land Plat
--,
- -- -
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NORTHWESTERLY C00.NER OF I
7EXAC0'9 130.48AC.TRACT.
.+REF.70 7iXAC0~3 PT. ARTHUR i~ N 50 41~4T~NJ _ - _ _
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PLANT LAND MAP pW6. ¢___ ~ I
N0. 15-49 ,DATED 3.1.90 1 ~~..N99°OC 96°g 9.15 I I
REVISED H•4w•66•''"''•. ••••~..••~¢\~~550_~5!1~22C20.0~ ; ~
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PROPOSED STATION SITE
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~ EXPLORER P. L. C:O.
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, >39.0 AC. JEFFERSON CO. TEXAS
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A1-E_quilon Terminal Improvement Plat
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CONCRCTC CDR ~ ~/•~1.
CORR. IRON: 1100r AND SIDi3
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-r~ THE TEXAS PIP: LIRE COMPAN'(
~\~ + MCxJSTOK DISTRICT
~'~: "~ TAX- EX STp;TlO~
\~ JEFFEF2SON COUNTY, TEXAS
L LOCL~T~UH REY. ~-~-e7 Ems. DW.-MOU..TEX. Y5. 72 [
ATTACHMENT "B"
Equilon Enterprises, LLC owns a pipeline and a pipeline
right-of-way on the tract described in Attachment "A". 'Phe
underlying property of the pipeline right-of-way is owned
by Chevron Phillips and the parties expect Chevron Phillips
to pay "in lieu of tax" payments thereon.
z.ida Equilon 2009.12.11a 24