03-08-05 Bayport Industrial District letter

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ASKINS & ARMSTRONG. P. C. ATTORNEYS AT. LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1218 LA PORTE, TEXAS 77572-1218 CLARK T, ASKINS TELEPHONE 281 471-1886 TELECOPIER 281 471-2047 KWASKINSfilAOL.COM .JOHN-A@SWBELL,NET CTASKINS@SWBELL.NET KNOX W. ASKINS ..JOHN D. ARMSTRONG March 8, 2005 v1fon. Mayor & City Council City of La Porte Ms. Debra Brooks Feazelle City Manager Mr. John Joerns Assistant City Manager Ms. Cynthia Alexander Assistant City Manager Rei The City of La Porte's 80.92 Acre Tract on Bay Area Boulevard in the Bayport Xndustrial District Dear Folks: I have reviewed John Joerns' ,Confidential Memorandum on the above tract of land, dated February 28,2005. As many of you will recall, this tract of land was purchased by the City of La Porte, with bond funds, as a site for a future sanitary landfill. The City of La Porte had extensive negotiations, and reached an agreement with Air Products, the owner of the property to the north of the subject tract, for certain restrictions, which were included in the permit for the sanitary landfill, limiting the use of the property in a manner which might impede the various air products manufactured by Air Products Company. This agreement should be reviewed, prior to any sale of the property, even though the sale of the property would not be for ,a sanitary landfill. Any prospective purchaser should be made aware of the contents of the agreement. As John Joerns pointed out in his Memorandum, the Bayport Industrial District has recorded deed restrictions. As we found out in the permitting process for an industrial incinerator on another tract of' land in the Bayport Industrial District, the Bayport Industrial District restrictions were not as restrictive as to environmentally'sensitive uses of the property in Bayport, as we would have preferred. Therefore, prior to any 'proposed sale of the property, I recommend that the City of La Por,te, in consultation with environmental experts, prepare additional restrictions on the use of the subject property, which would be more restrictive than the general Bayport restrictions, which would be included in the City's deed to the purchaser of the land, and would constitute a covenant running with the land as to any future owners of the property.