HomeMy WebLinkAboutO-1991-1795
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ORDINANCE NO. 1795
AN ORDINANCE AUTHORIZING THE EXECUTION BY
INDUSTRIAL DISTRICT AGREEMENT WITH ARCO
THE BAYPORT INDUSTRIAL DISTRICT FOR THE
1987, AND ENDING DECEMBER 31, 1993.
THE CITY OF LA PORTE OF AN
PIPE LINE COMPANY, WITHIN
TERM COMMENCING JANUARY l,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. The City Council hereby finds, determines and
declares that ARCO Pipe Line Company has executed an industrial
district agreement with the City of La Porte, for the term
commencing January l, 1987, and ending December 3l, 1993,oa copy of
proposed industrial district agreement being attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2.
The Mayor, the City Council, and the City
Secretary of the City of La Porte, Texas, be, and they are hereby,
authorized and empowered to execute and deliver on behalf of the
City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof, a copy of which is attached
hereto.
Section 3.
The City Council officially finds, determines,
recites and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-l7, Texas Revised
Civil Statutes Annotated~ and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
,:
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ORDINANCE NO. 1795
PAGE 2
PASSED AND APPROVED, this 11th day of November, 1991.
CITY OF LA PORTE
BY~d<t?f.~
No man L. Ma on , Mayor
ATTEST: _ LJ J I
~,~.rL~ ~;;-
Cherie Black
City Secretary
AP~~~
Knox W. Askins
City Attorney
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(Revised:
06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224. ET. SEQ.. REVISED CML STATUTES OF TEXAS
THE STATE OF TEXAS I
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COUN'IY OF HARRIS I
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CI1Y OF LA PORTE I
INDUSTRIAL DISTRICf AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA
PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called
"CITY" and ARCO Pipe Line Company, a Delaware corporation, hereinafter called
"COMPANY"
WIlNESSETH:
WHEREAS, it is the established policy of the City Council of the City of La
Porte, Texas, to adopt such reasonable measures from time to time as are permitted by
law and which will tend to, enhance the economic stability and growth of the City and
its environs by attracting the location of new and the expansion of existing industries
therein, and such policy is hereby reaffirmed and adopted by this City Council as being
in the best interest of the City and its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land more particularly
described in the Deed Records of Harris County, Texas, in the following Volume and
Page references, to-wit:
Special Warranty Deed dated August 18, 1988 wherein Atlantic Richfield
Company conveyed three tracts of land totalling 169.450 acres, more or less,
to COMPANY and being recorded in the Official Public Records of Real
Property of Harris County, Texas, on September 15, 1988, under Microfilm
Identification No. 127-76-2001 through 127-76-2005. A copy of this Special
Warranty Deed marked Exhibit "A" is attached hereto and made a part
hereof, upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s); and
77llS INDUST1l1AL DISTRICT AGREEMENT IS SUBlECT TO THE TERMS AND CONDmONS SET FOR7711N EXHIBIT .B. A7TACHED HERETO, INCORPORATED BY
REFERENCE HEREIN, AND MADE A PART HEREOF FOR ALL PURPOSES.
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Industrial District Agreement - 2
WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729,
designating portions of the area located in its extraterritorial jurisdiction as the
"Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating
portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "District," such Ordinances
being in compliance with the Municipal Annexation Act of Texas, Article 970a, Vernon's
Annotated Revised Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of industrial
plants within said Districts and for such purpose desires to enter into this Agreement
with Company pursuant to Resolution adopted by the City Council of said City and
recorded in the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual agreements
of the parties contained herein and pursuant to the authority granted under the
Municipal Annexation Act and the Ordinances of City referred to above, City and
Company hereby agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this Agreement,
provided below, and subject to the terms and provisions of this Agreement, said District
shall continue and retain its extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging to Company and its
assigns, and unless and until the status of said land, or a portion or portions thereof, as
an industrial district may be changed pursuant to the terms of this agreement. Subject
to the foregoing and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to the extent that it covers
said land lying within said District and not now within the corporate limits of City, or
to be annexed under the provisions of Article II hereof, shall be immune from
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Industrial District Agreement - 3
annexation by City during the term hereof (except as hereinafter provided) and shall
have no right to have extended to it any services by City, and that all of said land,
including that which has been heretofore or which may be annexed pursuant to the later
provisions of this Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescribing any building,
electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon; provided, however, it is
agreed that City shall have the right to institute or intervene in any judicial proceeding
authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and
to the same intent and effect as if all land covered by this Agreement were located
within the corporate limits of City.
II.
11.584 acres of the hereinabove described property as set forth in Exhibit "C"
attached hereto and incorporated herein has heretofore been annexed by City. Company
agrees to render and pay full City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax
purposes of the annexed portion of land, improvements, and tangible personal property
shall be determined by the Harris County Appraisal District. The parties hereto
recognize that said District has no authority to appraise the land, improvements, and
tangible personal property in the unannexed area for the purpose of computing the "in
lieu" payments hereunder. Therefore, the parties agree that the appraisal of the land,
improvements, and tangible personal property in the unannexed area shall be conducted
by City, at City's expense, by an independent appraiser of City's selection. The parties
recognize that in making such appraisal for "in lieu" payment purposes, such appraiser
must of necessity appraise t,he entii"e (annexed and unannexed) land, improvements, and
tangible personal property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal property.
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Industrial District Agreement - 4
Company also agrees to render to City and pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property in the unannexed area
equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which would be
payable to City if all of the hereinabove described property which existed
on January 1, 1986, had been within the corporate limits of City and
appraised each year by City's independent appraiser; and
(2) Thirty percent (30%) of the amount of ad valorem taxes which would be
payable to City on any increase in value of the hereinabove described
property, in excess of the appraised value of same on January 1, 1986,
resulting from new construction and new acquisitions of tangible person~l
property, (exclusive of Construction in Progress, which shall be exempt from
taxation), if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent appraiser;
With the sum of (1) and (2) reduced by the amount of City's ad valorem taxes on the
annexed portion thereof as determined by appraisal by the Harris county Appraisal
District.
Nothing herein contained shall ever be construed as in derogation of the authority
of the Harris County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion, for ad valorem tax
purposes.
III.
This Agreement shall extend for a period beginning on the 1st day of January,
1987, and continue thereafter until December 31, 1993, unless extended for an additional
period of periods of time upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this agreement is not so
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Industrial District Agreement - 5
extended for an additional period or periods of time on or before August 31, 1993, the
agreement of City not to annex property of Company within the District shall terminate.
In that event, City shall have the right to commence immediate annexation proceedings
as to all of Company's property covered by this Agreement, notwithstanding any of the
terms and provisions of this agreement, and in such event Company agrees that if the
Texas Municipal Act, Article 970a (V.AT.S.), as amended after January 1, 1980, or any
new legislation is thereafter enacted by the Legislature of the State of Texas which
imposes greater restrictions on the right of City to annex land belonging to Company or
impose further obligations on City in connection therewith after the annexation of such
land, Company will waive the right to require City to comply with any such additional
restrictions or obligations and the rights of the parties shall be then determined in
accordance with the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1980.
IV.
This Agreement may be extended for an additional period or periods by
agreement between City and Company and/or its assigns even though it is not extended
by agreement between City and all of the owners of all land within the District of which
it is a part. In this connection, City hereby expresses its belief that industrial district
agreements of the kind made herein are conducive to the development of existing and
future industry and are to the best interest of all citizens of City and encourage future
City Councils to enter into future industrial district agreements and to extend for
additional periods permitted by law this Industrial District Agreement upon request of
Company or its assigns; provided, however, that nothing herein contained shall be
deemed to obligate either party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all ad valorem taxes, and all "in lieu of taxes" payments
hereunder, to City on or before December 31 of each year during the term hereof. It
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Industrial District Agreement - 6
is agreed that presently the ratio of ad valorem tax assessment used by City is one
hundred percent (100%) of the fair market value of property. Any change in such ratio
used by City shall be reflected in any subsequent computations hereunder. This
agreement shall be subject to all provisions of law relating to determination of value of
land, improvements, and tangible personal property, for tax purposes (e.g., rendition,
assessment, Hartis County Appraisal District review and appeal procedures, court appeals,
etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and
the amount of "in lieu of tax" payments hereunder, except as otherwise provided in
Articles n and VI hereof.
VI.
(A) In the event. Company, elects to protest the valuation for tax purposes set
on its said properties by City or by the Harris County Appraisal District for any year or
years during the terms hereof, nothing in this agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total of (a) the total amount
of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu
of taxes" on the unannexed portions of Company's hereinabove-described property which
would be due by Company to City in accordance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by Company on or before
March 31 of each year during the term of this Agreement, with both the City and the
Harris County Appraisal District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case may be) valuation
on said property of Company has been so finally determined, either as the result of final
judgment of a court of competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company shall make payment
to City of any additional payment due hereunder based on such final valuation, together
with applicable penalties, interests, and costs.
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Industrial District Agreement - 7
(B) Should Company disagree with any appraisal made by the independent
appraiser selected by City pursuant to Article IT above (which shall be given in writing
to Company), Company shall, within twenty (20) days of receiving such copy, give written
notice to the City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal made by said
independent appraiser shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should company give such notice of disagreement, Company shall also submit to
the City with such notice a written statement setting forth what Company believes to be
the market value of Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to reach an agreement as to
the market value of Company's property for "in lieu" purposes hereunder. If, after the
expiration of thirty (30) days from the date the notice of disagreement was received by
City, the parties have not reached agreement as to such market value, the parties agree
to submit the dispute to final arbitration as provided in subparagraph (1) of this Article
VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to
City on or before December 31 of each year during the term hereof, at least the total
of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the
"in lieu" payments which would be due hereunder on the basis of Company's valuations
rendered and/or submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever is higher.
(1) A Board of Arbitrators shall be created composed of one person
named by Company, one by City, and a third to be named by those two.
In case of no agreement on this arbitrator in 10 days, the parties will join
in a written request that the Chief Judge of the U.S. District Court for the
Southern District of Texas appoint the third arbitrator who, (as the
"Impartial Arbitrator") shall preside over the arbitration proceeding. The
sole issue to be determined in the arbitration shall be resolution of the
difference between the parties as to the fair market value of Company's
property for calculation of the "in lieu" payment and total payment
hereunder for the year in question. The Board shall hear and consider all
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Industrial District Agreement - 8
relevant and material evidence on that issue including expert opinion, and
shall render its written decision as promptly as practicable. That decision
shall then be final and binding upon the parties, subject only to judicial
review as may be available under the Texas General Arbitration Act
(Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbitration shall be shared equally by the Company and the
City, provided that each party shall bear its own attorneys fees.
(C) Should the provisions of Article II of this Agreement become impossible
of enforcement because of (1) the invalidity or unenforceability of the Texas Property
Code (S.B. 621, Acts of the 65th Texas Legislature. Regular Session, 1979), or any
relevant provision thereof, or (2) because of any material delay or failure to act on the
part of the Harris County Appraisal District, then and in any of such events, all
payments under this Agreement shall be governed by the provisions of Article II hereof;
anything to the contrary in this Agreement notwithstanding.
VIT.
City shall be entitled to a tax lien on Company's above-described property, all
improvements thereon, and all tangible personal property thereon, in the event of default
in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and
interest in like manlier as delinquent taxes, and which shall be collectible by City in the
same manner as provided by law for delinquent taxes.
vrn.
Company agrees to provide to City at Company's expense, a survey plat and field
note description of the land and improvements which Company petitions to be annexed
in accordance with the provisions of Article II above. Such annexation tract shall be
Industrial District Agree_t - 9
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contiguous to a point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description, City shall have the
right by notice in writing to Company to cancel and terminate this Agreement.
This Agreement shall inure to the benefit of and be binding upon City and
Company, and upon Company's successors and assigns, affiliates and subsidiaries, and
shall remain in force whether Company sells, assigns, or in any other manner disposes
of, either voluntarily or by operation of law, all or any part of the property belonging to
it within the territory hereinabove described, and the agreements herein contained shall
be held to be covenants running with the land owned by Company situated within said
territory, for so long as this Agreement or any extension thereof remains in force.
x.
If City enters into an Agreement with any other landowner with respect to an
industrial district or enters into a renewal of any existing industrial district agreements
after the effective date he,eof and while this Agreement is in effect, which contains
terms and provisions more favorable to the landowner than those in this agreement,
Company and its assigns shall have the right to amend this Agreement and City agrees
to amend same to embrace the more favorable terms of such agreement or renewal
agreement; provided, however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing agreements, containing
a percentage of ad valorem taxes more favorable to the landowner than that contained
in Paragraph n, Subparagraph 3 (2) hereof, and Company and its assigns shall nm have
the right to amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than that contained in
Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to
landowners covered by existing contracts only to the extent such favorable terms apply
to any increase in value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Subparagraph 3 (2)
hereof.
Industrial District Agreetnt - 10
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In the event anyone or more words, phrases, clauses, sentences, paragraphs,
sections, articles or other parts of this Agreement or the application thereof to any
person, firm, corporation or circumstances shall be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, then the application,
invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph,
section, article or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity of the remaining
parts of this Agreement shall not be affected thereby.
XII.
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Assistant Secretary
APPROVED BY COUNSEL:
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Mark A Plake
Independence, KS 67301
(316) 331-1300
ATIEST:
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Cherie Black,' ity Secretary
CITY OF IA PORTE
By: ~?$~ / Il~~ov.-
rman Malone, a or
By: G<~ T. ~
Robert T. Herrera, City Manager
CITY OF IA PORTE
P.O. Box 1115
La Porte, Texas 77571
ttorney
90122Ill
GIlA W\AGR\lAPORTB
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L8487911 .
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'\ 27 ~76:Z00T
SPECIAL WARRANTY DEED
J -: . . / :.; ~ :. ~ L ::" i ::i .: ;:: ~. .. J..1.. 1,1.;
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS )
That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and NoI100 Dollars ($100.00) and other good and valuable I' {V
consideration to it in hand paid by ARCO Pipe Line Company "., .'
("APL"), a Delaware corporation, whose address is ARCO
Building, Independence, Kansas 67301 ("APL"), the receipt and
sufficiency of which is hereby acknowledged, has granted and
conveyed and by these presents does grant and convey unto APL
all of its right, title, interest and estate in and to that
certain tract of land and premises in the William M. Jones
Survey, Abstract 482, and the George B. McKinstry League,
Abstract 47, Harris County, Texas, containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and 2.803 acres,
the, latter tract being embraced within the right-of-way for
Fairmont Parkway) described in Exhibit "A", attached hereto
and incorporated herein for all purposes.
Being the same' tract of land or premises conveyed by
Friendswood Development Company to ARCO by deed dated
December 30, 1974, and recorded in File No. E334151, Film
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Pror.erty of Harris County,
Texas hereinafter called the "Deed. I
This conveyance is made and accepted subject to:
(a) all rights, easements, restrictions, exceptions,
reservations and encumbrances whether recorded or unrecorded
(b) the convenants, exceptions, conditions, rights,
easements,. restrictions, reservations, purchase options and
encumbrances contained in the Deed.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto APL, its
successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof,
by, through, or under ARCO, but not otherwise.
This Special Warranty Deed has been executed on the date
of, the,'a.cknowledgment hereto but shall be effective for all
purp~s~s as of the 18th day of August, 1988.
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Atte'st:
Atlantic Richfield Company
:.~/4~-
Assistant Secretary
By
Senior Vice President
- ARCO
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EXHIBIT "A" Page 1
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,127 -76":2002
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STATE OF (((..it.., 1:;f,:'? ItttL.-)
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COUNTY OF.~ (Lv; ldl,'['c.(~".t_.)
Before me, " )....I.itd{( ;1. /,^<?II~ft!11 ,a,Notary Public,
on this day persona y appeare '(.'U'cl.(d (. I !le-t.l/ ye.,. , known to
me to be the person whose name is su scr' ed to the foregoing
instrument, and known to me to be the '/ .t. -yt.e..-L,' President
of Atlantic Richfield Company, a corporat~on, an acknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
.Caven under my hand and seal of office, this ,..;(qit day
of (t.('(_t:1.~(..'e..;c." ,1988.
(J
. OFFICIAL SEAL
l:INDA M MENCKEN
. NOTARY PUBLIC - CAUFORNIA
I LOS ANGEUS COUN1Y ~
Mr ClllIim. apIres .1M 18. 1_ I>
d7t:...l4U /Jl. / )le: -:?<:C~Lb,1(...
No'tary Pub 1. ic 'd1".t,.... tt-J,:t i(,1/C.~'
County, ((({..If....../-t.<<--1/t.-/.-<..t?
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M. commission expires:
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EXHIBIT "A" Page 2
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EXHIBIT "A" TO DEED
FROM
ATLAN~IC RICHFIELD COMPANY
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ARCO PIPE LINE ~OMPANY
'\ i7'" 76:':'2.00'3
METES AND BOUNDS DESCRIPT[ON
169 .l~50 ^CRES
HILLI^N H. JONES SU\t'.'F.Y, ^-L,32
GEOlZGE B. NcKH1STRY LE^GlIl::, ^-t~7
\1^IUnS COUNTY TEXA~
,
Being three tracts or parcels containing a tutal of 169.450 acres
of ~and in the William M. Jones Survey, ^-482 and in the George B.
McK~nstry League, A-L~7, llarris County, Texas and being wore parti-
cularly described as Tract I, Tract II and Tract III by metes and
bounds as follows (all bea.rings refercnced to the Texas Coordinate
System, South 'Central Zone):
Tll/\CT 1
BEG~NNI~G at C~Pl?ervleld .'Number 2856, being. the intersection. of the /1.A?
south l~ne of 1!a~rmont P<.1'r:-l<.\vay, 250 feet HJ.c1e, :4[: rQcordGd H1 (;'J/~
~me-d'{;42 , J:l.cl.~e--4-:j:,-1:)eed-R:eeQr(~'6T-Ha-l.:..r+&-Ge"tl't-l~e7ffi-e Clnd the
east line of a 230.00 foot 'tvide Harris County Flood Control District
right-of-way for Big Island Slough as recorded in Volume 8260, Page
124, Deed Records, Harris County, Tcxas;
THENCE with the east line of said llarris, County Flood Control District
right-of-'t.my, S 07015'39" E for a dir.ti.ll1cC of 1052.20 feet to Copper-
'tveld Number 2857, a point for corner, in the east line of said llarris
,County Flood Control Di.strict right'-or-\,'LlY, 230 feet \Vide;
THENCE continuing "dth said east line, S 3l~o59139" E for a distance
of: 1l~L~9.7() feet to (;oI'PcnHd.d 111IIIIIJ(~r: i!B)B, a l'oJnt for. conlCl:-, at
the intersection of: the east line of: ~;aid 11:.ItTi:; County Fl.uod Control,
;:.' District right-of-way, 230.00 feet Hide, for Big Island Slough and
the west line of a 100.00 foot Hide Pipeline Corridor "510";
THENCE 'vith the \'I1est line of thc <lfOl"Clllentioned Pipeline Corridor
"S10H, 100.00 feet 'tvide, N l4ul~1'L~9'1 E [or a distance of 2395.58
feet to an Exxon Pipeline Company marker, identified as IIPL 127, a
point for corner, bc:lnL~ the intcrscction of the Hcst line oE said
Corridor and the aforesaid south line of Fainnont Park\.Jay, 250 feet
wiele;
THENCE vlith said south line, S 86052'37" H nt B3.28 fcet passing a
5/8" iron rod, at 1266.09 feet passing a 5/'0" iron rod called Rod
2061, 2.23 feet S 03007' 2311 E, and continuing in nll for 0. total
distance of: 157L~..s2 feet to Coppel\'leld 2856; the POINT OF BEGINNING
and containing 49.366 acres of land.
TR^CT 11
CONt-1ENCING [or 'J~e[e.ren~c l\t c:~pr.)p.nl(~ld NUllIber. 2~.~~(, hed r~g I:lw. inter- /I
section o~ the, ~:iOL\L:I~l l~Lnc or J''':I n:lOI\L:.~~,I:~~~,,~t~J~l....l~(~ ~~(:t vlldG, .as... l~1
..r-e-ee'l'd-e'd-.t:n-lJ+I~~H!llt..~(,JI,.~,-I,lrrr;(::-/d:-;-J)l!r:ll l{l! l: U nr!i, nm,l 1. r. LnttTlt.~l~&6 ·
antI tht~ ccwt l.inC! (I[ ;l l.:3o.on ("onl: Hide! JI:lrd,:i CounL:y F]ood Control
District r-.Lt!,ht-uf-wuy [OL" B:l.g lull,lUll SJ.Olll.',h :In n~e(Jl:(Ic..d il\ Volume
. 8260, Page 12L~, Deed Records, Harris County, Texas;
1 'Ll <),r)Or:;2'37" l~, Olt
THENCE \,Jith said south lille oE Fnit:lIIont Pat- '-\-Jay, (\, oJ -
a distance Q,f: l57L~.52 feet pa~isinl~ the Hest lj~lC of Exxon Pipeline
Corridor "510", 100.00 [eet Hide, (i.l\d continuinb in all for a to,tal
EXHIBIT "A" Page 3
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., 27~76:Z004
distance of 1679.56 feet' to Exxon Pipeline Company Harker, identified
as HPL-128, the POINT OF BEGINNING, saiJ point also being on the
easterly line of the said 100.0 foot Corridor;
THENCE continuing \;<lith said south line N 86052' 37" E for a distance
<;f 1371.92 feet to Copperweld Number 2860, a point for corner, be-
~ng th~ ~ntersec tion of said sou'th'line of Fairmont Parkway, 250.00
feet w~dc, and the 'oJeGt line of Baypar.k RoaJ, 100.00 feet wide;
THENCE with said 't<lest line, S 02027' 59" E for a distance of 2883.23
feet to Copperweld Number 2827, a point for corner, being the north-
east corner of a 60.792 acre tract of land;
THENCE with the north line of said 60. 792 acre tract, S 87031'40" \-1
for a distance of l8ll~.53 feet to Goppenvc1d Number 2828, a point
for corner, being the intersection of the north line of said 60.0792
acre tract and the east line of the aforesaid 230.00 foot wide
Harris County Flood Control District right-of-way for Big Island
Slough;
THENCE with said east line, N 34059'39" H for a distance of 553.93
feet to Coppenveld Number 2859, a point for corner, being the inter-
section of the east line of said Harris County Flood Control District
right-of-way, 230.00 feet wide, and the east line of Pipeline Corridor
"510", 100.00 fee t' 't<lide; .
THENCE with the east line of said Pipeline Corridor, N 14041'49" E
for a distance of 2512.56 feet to the POINT OF BEGINNING and contain-
ing 117.281 acres of land.
TRACT III
BEGINNING at Copperweld Rod Number 2856, marking the intersection /J..,A:J
of the south line of Fainnont Park'tvay, 250.00 feet ,.dde, ~" rgcoX"dQ.d~'l"
in Volume 36/~2, P:age Ill, DaQrl n(>cord~} J,l:1r,.."ic: County, 'l'Q>:;;W; with the
east line of a 230.00 foot wide Hurris County Flood Control District
right-of-way for Big Island Slough as recorded in Volunle 8260, Page
124, Deed Records, llarri s County, Texa s, s;d.J southerly line 0 f
Fairmont Parkway, 250.00 fee t wide, beinf; a COlllmon line wi th the
" ~outh line of old Cardiff Road, 80.00 feet ,.,ide;
THENCE 'vith saiu common line, N 86052'37" E, nt 1.l~91.2l~ feet passing
a 5/8" iron rod at 157L~.52 feet passing an Exxon Pipeline Company
marker, identified as HPL 127, on the westerly line of Pipeline
Corridor "510", 100.00 feet 'vide, at 1679.56 feet passing an Exxo~
Pipeline Company Marker, identified as llPT... 128, on the easterly l~ne
of said Pipeline Corridor "SID" and continuing in all for a total
distance of 3050.58 feet to Coppenleld Rod Number 2860 for corner,
'said point being on the westerly line of Baypark Road, 100.00 feet
wide;
THENCE with a projection of the westerly line of said Bnypark Road,
100.00 feet wide,. N 02027'59" \-1, for a distance of 40.00 feet to a
point for corner 'on the centerline of thO aforesaid old Cardiff
Road, 80.00 feet wide;
THENCE with said centerline S 86052' 37" H, ~t 1358.63 f<.:ct pnr:F.:ing- /I~f!
tJ.re-e'a-s-l:erly li..ne' 0 f LllU c.L [u u.:~fl":k~J.p.cli.uc....C.o.t:dde-f' "510", 100.00 (.:1.r,
fcct ,dele, at 1'163.67 f~C'l- r'l~s;iPB I-ho wC~.ltcrly l:i.no of 3ld.d pi.pQ1;T'1Q
...g~LJ..j_.]..~.~lO" and cnnU-w."j 1"I,:r :i n ~1I' J:,c. a total distance 3053.94
feet to a point for corner, said p'oin t beinr, on n proj cc tion of the
easterly ~ine. ofr,l':0J$ ~'1;':W~~~id 230.00 fout wide Harris County Flood --
Control D~str~ct~br B~g~sland Slough; <:~t1'
THENCE \vi th the proj cc ti.on 0 [ said en ~i tc rly line, S" 07015' 39" E,. .
for a distance of 40.10 feet to the POLl'll' OF BEGJ.NNING and conta:uang
EXHIBIT "A" Page 4
,-
. .'
e
'.
2.803 acre~ f
th ~ o' land .
e aforesaid ld ,sa1d tract
, 0 Cardiff Road
,
,127-76=2005
tile so~therly 40.00 feet of
feet 'Hl.de.
be i n fr
80.00
Compiled by.
Turner Coli.
Consul~ing E1e~& Braden, Inc.
Houston ngl.neers
December 6 'Port Arthur
Revised: De~~~te~o12)IN01. 1659-006
~, 974
I '
FILED FOR RECORD
8:30 A.M.
ISEP 1 5 see
,.....011..............., M
~srr.,r8m&..}......~=r==
COUNTY Of HAftRJ.!
ri-:iJiJ.. -= ,,...~-fm:= III file NUllber
ClallY. ,_.11 "'... PlaMII IlICIrdI aI'.... ~= ~adHl:
SEP 151988
e~~~...u
~ ;:: H~:~C~~ "l"eVAf.!
~ ~ ,,~
~
{(...;A ;fAA~ .....
County Clerk, Harris county, TellS
RECORDER'S MEMORANDUM
~J~~~iTo~:I~g~~T+~N8lrJloEQu"TE
FOR THE BUT PttOTCiCRAPH1C IIEPRODOCTIO..
BtCAUSE Of ILUGIBlLlTY. CARBON 0fJ
PHOTO con, OlSCOLORED PAPER.~'
EXHIBIT "A" P
age 5
Return to
Mildred l. Russell M
. Dnager
Land & R/W Dept.
ARea Bldg.
Independence, Kansas 6730.
.
.
'.
.
'.
EXHIBIT -8-
Page 1 of 2
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND
1. City and company agree that the real property of Company, more
particularly described on Page 1 of this Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that City
will not annex said propertYJ provided, however, City reserves the
right to conduct "strip" annexations as my be required by law in
connection with annexation of land other than that owned by Company.
Company agrees to render to City and to pay as nin lieu of taxes" on
Company's said unimproved land, an amount equal to the sum of 100%
of the amount of ad valorem taxes which would be payable to City if
all the hereinabove described property of Company had been within
the corporate limits of City and appraised each year by City's
independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
AgreementJ provided, however, at such time as Company commences
improvements to company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
3. Company agrees that the real property of
described shall not be used as a site for commercial
incineration, i.e., incineration of hazardous wastes
site~ provided, however, City does not waive its
under Paragraph 1 of this agreement.
company herein
hazardous waste
generated off-
rights reserved
4. Except as amended by the terms and proviSions of this Exhibit
"An, the terms and provisions of the Industrial District Agreement,
to which this Exhibit n~" is attached, shall remain in full force
and effect for the term of this Agreement, expiring December 31,
1993.
5. City and Company agree that the terms and provisions of this
Industrial District Agreement shall be retroactive to January 1,
1987. City acknowledges receipt of payment of "in lieu of taxes"
fro calendar years 1987, 1988, and 1989.
ENTERED INTO this day of September, 1990, retroactive to
effective date of January-I, 1987.
-
~
-
By:~:;&J'~ :~MPANY)
ATTEST: :-
_(!.a~Ai>>,-
Secretary
Name: Norman R. Bennett
Name: e. A. Staton
Ti tIe: Vice President
Address: AReO Building
Independence. KS
Name: Mark A. Plake
Address: AReo Building
Independence. KS
Telephone: (316) 331-1300
60,792 A.
W
'l.
DorllNl.ln..a EI POlO
Prod, CO,ln..
Tract Nil I, 5D9.2U8 Ac.
~... ....
,
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f--.IiiI"=' - -
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T'~~."~'~i'" DD. u....n
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-= . .,:.
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- ' ,
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oj , '. TRACT I ,49.188 Ac.
" \ TRACT:a: 117. Ia. AI.
.- ..; TRACT m 2.8'01 Ac.
: : TOTAL 119. 4 liO AGo
.
a
Ii I;::."}': ,
1-= ',: ,':',::::it!:-.',':
~ . . 'J~ '.
'Q ...~" , .. .
Ill: .'
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: I
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I . _ ANI\ElCEIl IlCIlOGE
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"IJ
r~
111
2.101 AG.
DEEDED FROM FRIENDSWOOD DEVELOPEMENT COMPANY
:ro ATLANTIC RICHFIELD COMPANY DATED DECEMBER
10,1974, AND FILED ON THAT DATE UNDER FILE,~.
E U41lil AND FILE CODE NI "4-12-05&1 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
HARRIS COUNTY, TEXAS.
ALL BEARINGS ARE REFERENCED TO THE TEXAS
COORDINATE BYSTEM, SOUTH CENTRAL ZONE. ...
FRDM METES AND 10UNDS DESCRIPTION COMPILED'
B'I' TURNER, COLLIE AND BRADEN, INC. REVISED
DEC. 24,1174.
SURVEY BY G.O. YOUNGBLDOD IN .JUNE AND AUGUST.
1974 TEXAS REGISTERED PUBLIC :SURVEYOR NIIIUB.
ARCO Pipe Line Company
I....po......... 110.... ' OAIlt,/.IO''''
.
":: ,':'" ;-: ".. 1. .1Io~
ACC LA PORTE' STATION :, '
'PROPERTY Pl.:AT
. :;iT. .('~ lFORMERLY APr LA PORTEI
_"0- ChocIaId
T...... Scalel .400' 2,114,..'.
Nm. ~ __ .H,Z9..90
FJl'lITlITT "r,
~ TJUal III 12.803 AC.I LIES WITHIN 'AIRMONT 'AR_ ROIl
AIID IS NOT WITHIN THE BAYPORT INDUSTRIAL DISTRICT. ',:
THAT PART OF TRIQ( II WHICH LIES WITHIN THE GED. 8. ' ,
MdClNSTR't LE/lGUE, A-~. 118.825 AC.IIS NOT WITHIN THE" ',:',
IIA'IPORT INDUSTRIAL DISTRICT AND 15 NOT WITHIN THE CITY : -
UNITS OF THE CITY OF LA PORTE. ': , ;': f;:
.."1..
, ". '
'a.".:'-:'- ,
LOCATION aXITCH
I"' 1000'
LA PORTI
P!~7IDN SlY!',
~
.10... ......T'IIy
a-."
11IACX I
TRllCIl IT
'TiiTAL'ACRES
ANNEXED ACRES
TRACK n ISOUTH STRIPI
TRACX II CNDRTH STRIPI
TRACK x
1tlTALACRES
45.797 IC..
90.441 AC,
I a6. 2a2 AC.
4.8&7 AC.
3.14B AC.
~
".liS4AC.
,....
it.
,0,
\w
..'''OLD'
A- 141
..... .au.n.a
A - ...
...............
'11...&"'...
..... '
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------- - -- ---- - ---- ------------------ ----------- ------------------
Dart Ind .Inc. a E I POlO
Prod. Ca. Inc.
Tract Nit I, 509.2938 Ac.
PWR. POLl
. I'
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e. 0'. ,o'''~ I. '
40.10 __
c.w. anI
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8. ITo II' 40" w.
1114.11'
60.792 Ac .
I
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41
.
PAIIUCUI
RIY NOLDI
A-'41
W. N. ",ONII
A-4I1
RICHARD
'IEARULL
A-'II
I
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'0.
\~!
TR ACT m 2.805 AI.
-~---~-----------
7- -- - - - -- - - -- - .--
, N. 01. I" I'- W. 40,00'
--- ' -~. ..---. -
._'.. ~. " , . i /J CW. 1.11
IInlll ~_ tiP"iixii.l1..CO. ROW
----------- \\:f______~
l:l:~,{;!'.'~:.;\~il.;~1i:i:~n;r------ ,
~~f~~f~:!~:E~~)!
~j.._ .."...'...r,.'VJ-'.....,..'.y II
.:... ... ..--. 1'...:.- '.". '" r.,' I b
=_". :_-.;;_~_- :_-.~~:{!.i.::.?.{f}~,:~:.~:_
:~~~?i.;~?~,~;:~~Eff{~! ~I
~.~-~.- ~~~~~.?~:~~~J::~~1lfJ~ ~ -I
:-:;,~~~:;~':~~:~u1~~~~i ~ r,1
'-"'''.::'.,.'':,;~'~::el;';~''.'I... II'
,[@~tl~~~~ ~ ~
:~';;~~.~.i,~;rf{~;~~~;q;J ,II
illll! I
~,;,,:,,;~~,'F'::;~f~ii.f.:,t;,; ~
~Sl~&~l~~~~~i~i~l !
':~:'=:~;.~~;~;:~:;~~! ... ~I ,: l(p"lq "
~1.l.'l.iil':..L"-'i~~~"'l'ln ...... ;,. ," I
::::~~~:.~~~i;i~~t1~ it::~~.I.n
------_....,~: ---,--~-----:--
: : : : : : : : ::: .1
-- - --- ~-.
Q:I
~
ll.
~=
..-r
lED... No KINITRY
A-'"
LOCATION SKETCH
I". 1000'
00. IA'~NINT
TRACK n
TRACK n
TRACK I
TOTAL ACRES
ANNEXED ACRES
(SOUTH STRIP) 4.867 AC.
(NORTH STRIP) 3.148 AC.
3.569 N:.. ,
I 1.584 Ie.
DISANNEXED ACRES
WITHIN BAYPORT INDUSTRIAL DISTRICT
TRACK I 45 .191 N:..
TRACK II 90.441 N:..
TOTAL ACRES 136.232 AC.
. ,
,
NOTEI
TRACK III (2.803 AC.) LIES WITHIN FAIRMONT PARKWAY ROW
AND IS NOT WITHIN THE BAYPORT INDUSTRIAL DISTRICT.
THAT PART OF TRACK II WHICH LIES WITHIN THE GED. B.
McKINSTRY LEAGUE, A-47. (18.825 AC.) IS NOT WITHIN THE
BAYPORT INDUSTRIAL DISTRICT AND IS NOT WITHIN THE CITY
LIMITS OF THE CITY OF LA PORTE.
r ,.
TRACT I 49.388 Ac.
TRACT II 117.281 Ao.
TRACT m 2.8'05 Ac.
TOTAL 169.450 Ao.
DEEDED FROM FRIENDSWOOD DEVELOPEMENT COMPANY
TO ATLANTIC RICHFIELD COMPANY DATED DECEMBER
30.1914, AND FILED ON THAT DATE UNDER FILE.;,JI
E 334151 AND FILE CODE NQ 114-12-0565 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
HARRIS COUNTY, TEXAS.
ALL BEARINGS ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM. SOUTH CENTRAL ZONE.
FROM METES AND BOUNDS DESCRIPTION COMPILED',
BY TURNER, COLLIE AND BRADEN. INC. REVISED
DEC. 24,'1974..
SURVEY BY G, D. YOUNGBLOOD IN "UNE AND AUGUST.
1974 TEXAS REGISTERED PUBLIC SURVEYOR NQ 1538.
---------
I I ARCa Pipe Line Company
I
I Ind.pend.nC8.~n... Date .1-10- 'I
I
I , .. fNNEXED N:.REAGE
I . .! I .0... .. . if .. ~ ,.
'.. ..~ "'(0";"'':'\ I ACe LA PORTE. STATION
'PROPERTY PL:AT
~{~'::I;,~~~~~qi'i.~ ~!iftb~ED ~E~E WITHI~ I
'h!l~i.:-S:;i;1; :~~il IN TRI DISTRI T (FORMERLY API L A PORTE)
L~;;!l""\I\^,::'':r.H~ '", . '~iT. ,,'
..: .. , . Drawn 80,wII' Checked i
.. .1 ....
",.',' .- 2 .. 514 . 181
....... . Selle .".400'
Traced
-
Note. Approved Revl..d H~29'!""90 I
EXHIBIT ':C"
.:I '! _ I,J
.
.
.
(Revised:
06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER TIlE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ.. REVISED CML STATUTES OF TEXAS
THE STATE OF TEXAS I
I
COUN1Y OF HARRIS I
I
CI1Y OF LA PORTE I
INDUSTRIAL DISTRICf AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF lA
PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called
"CITY" and ARCO Pipe Line Company, a Delaware corporation, hereinafter called
"COMPANY"
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City of La
Porte, Texas, to adopt such reasonable measures from time to time as are permitted by
law and which will tend to enhance the economic stability and growth of the City and
its environs by attracting the location of new and the expansion of existing industries
therein, and such policy is hereby reaffirmed and adopted by this City Council as being
in the best interest of the City and its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land more particularly
described in the Deed Records of Harris County, Texas, in the following Volume and
Page references, to-wit:
Special Warranty Deed dated August 18, 1988 wherein Atlantic Richfield
Company conveyed three tracts of land totall~ng 169.450 acres, more or less,
to COMPANY and being recorded in the Official Public Records of Real
Property of Harris County, Texas, on September 15, 1988, under Microfilm
Identification No. 127-76-2001 through 127-76-2005. A copy of this Special
Warranty Deed marked Exhibit "A" is attached hereto and made a part
hereof, upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s); and
THIS INDUSTRIAL DISTRICT AGREEMENT IS SUB/ECT TO TilE TERMS AND CONDmONS SET FORTH IN EXHIBIT .B" A7TACHED HERETO, INCORPORATED BY
REFERENCE HEREIN, AND MADE A PART HEREOF FOR ALL PURPOSES.
. ;
.
.
Industrial District Agreement - 2
WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729,
designating portions of the area located in its extraterritorial jurisdiction as the
"Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating
portions of the area, located in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "District," such Ordinances
being in compliance with the Municipal Annexation Act of Texas, Article 970a, Vernon's
Annotated Revised Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of industrial
plants within said. Distric~s. and for such purpose desires to enter into this Agreement
with Company pursuant to Resolution adopted by the City Council of said City and
recorded in the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual agreements
of the parties contained herein and pursuant to the authority granted un~er the
\
Municipal Annexation Act and the Ordinances of City referred to above, City and
Company hereby agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this Agreement,
provided below, and subject to the terms and provisions of this Agreement, said District
shall continue and retain its extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging to Company and its
assigns, and unless and until the status of said land, or a portion or portions thereof, as
an industrial district may be changed pursuant to the terms of this agreement. Subject
to the foregoing and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to the extent that it covers ,
said land lying within said District and not now within the corporate limits of City, or
to be annexed under the provisions of Article II hereof, shall be immune from
'. ,
;
.
.
Industrial District Agreement - 3
annexation by City during the term hereof (except as hereinafter provided) and shall
have no right to have extended to it any services by City, and that all of said land,
including that which has been heretofore or which may be annexed pursuant to the later
provisions of this Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescribing any building,
electrical, plumbing or inspection code or codes, or ( c) attempting to exercise in any
manner whatever control over the conduct of business thereon; provided, however, it is
agreed that City shall have the right to institute or intervene in any judicial proceeding
authorized by the Texas Water Code or the Texas Clean Air Act to the 'same extent and
to the same intent and effect as if all land covered by this Agreement were located
: .
within the corporate limits of City.
II.
11.584 acres of the hereinabove described property as set forth in Exhibit "e'
attached hereto and incorporated herein has heretofore been annexed by City. Company
agrees to render and pay full City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the' 65th
Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax
purposes of the annexed portion of land, improvements, and tangible personal property
shall be determined by the Harris County Appraisal District. The parties hereto
recognize that said District has no authority to appraise the land, improvements, and
tangible personal property in the unannexed area for the purpose of computing the "in
lieu" payments hereunder. Therefore, the parties agree that the appraisal of the land,
improvements, and tangible personal property in the unannexed area shall be conducted
by City, at City's expense, by an independent appraiser of City's selection. The parties
recognize that in making such appraisal for "in lieu" payment purposes, such appraiser
must of necessity appraise the entire (annexed and unannexed) land, improvements, and
tangible personal property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal property.
" .
e
e
Industrial District Agreement - 4
Company also agrees to render to City and pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property in the unannexed area
equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which would be
payable to City if all of the hereinabove described property which existed
on January 1, 1986, had been within the corporate limits of City and
appraised each year by City's independent appraiser; and
(2) Thirty perc~nt (30~ ~ of the amount of ad valorem taxes which would be
payable to City on any increase in value of the hereinabove described
property, in excess of the appraised value of same on January 1, 1986,
resulting from new construction and new acquisitions of tangible personal
property, (exclusive of Construction in Progress, which shall be exempt from
taxation), if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent appraiser;
With the sum of (1) and (2) reduced by the amount of City's ad valorem taxes on the
annexed portion thereof as determined by appraisal by the Harris county Appraisal
District.
Nothing herein contained shall ever be construed as in derogation of the authority
of the Harris County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion, for ad valorem tax
purposes.
III.
.
This Agreement shall extend for a period beginning on the 1st day of January,
1987, and continue thereafter until December 31, 1993, unless extended for an additional
period of periods of time upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this agreement is not so
e
e
Industrial District Agreement - 5
extended for an additional period or periods of time on or before August 31, 1993, the
agreement of City not to annex property of Company within the District shall terminate.
In that event, City shall have the right to commence immediate annexation proceedings
as to all of Company's property covered by this Agreement, notwithstanding any of the
terms and provisions of this agreement, and in such event Company agrees that if the
Texas Municipal Act, Article 970a (V.A.T.S.), as amended after January 1, 1980, or any
new legislation is thereafter enacted by the Legislature of the State of Texas which
imposes greater restrictions on the right of City to annex land belonging to Company or
impose further obligations on City in connection therewith after the annexation of such
land, Company wi,ll waiv~ ~he right to require City to comply with any such additional
restrictions or obligations and the rights of the parties shall be then determined in
accordance with the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1980.
IV.
This Agreement may be extended for an additional period or periods by
agreement between City and Company and/or its assigns even though it is not extended
by agreement between City and all of the owners of all land within the District of which
it is a part. In this connection, City hereby expresses its belief that industrial district
agreements of the kind made herein are conducive to the development of existing and
future industry and are to the best interest of all citizens of City and encourage future
City Councils to enter into future industrial district agreements and to extend for
additional periods pl~nnitted by law this Industrial. District Agreement upon request of
Company or its assigns; provided, however, that nothing herein contained shall be
deemed to obligate either party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all ad valorem taxes, and all "in lieu of taxes" payments
hereunder, to City on or before December 31 of each year during the term hereof. It
--
.
Industrial District Agreement - 6
is agreed that presently the ratio of ad valorem tax assessment used by City is one
hundred percent (100%) of the fair market value of property. Any change in such ratio
used by City shall be reflected in any subsequent computations hereunder. This
agreement shall be subject to all provisions of law relating to determination of value of
land, improvements, and tangible personal property, for tax purposes (e.g., rendition,
assessment, Harris County Appraisal District review and appeal procedures, court appeals,
etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and
the amount of "in llieu of tax" payments hereunder, except as otherwise provided in
Articles II and VI hereof.
VI.
(A) In the event Company elects to protest the valuation for tax purposes set
on its said properties by City or by the Harris County Appraisal District for any year or
years during the terms hereof, nothing in this agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total of (a) the total amount
of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu
of taxes" on the una:nnexed portions of Company's hereinabove-described property which
would be due by Company to City in accordance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by Company on or before
March 31 of each year during the term of this Agreement, with both the City and the
Harris County Appraisal District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case may be) valuation
on said property of Company has been so finally determined, either as the result of final
judgment of a court of competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company shall make payment
to City of any additional payment due hereunder based on such final valuation, together
with applicable penalties, interests, and costs.
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Industrial District Agreement - 7
(B) Should Company disagree with any appraisal made by the independent
appraiser selected by City pursuant to Article II above (which shall be given in writing
to Company), Company shall, within twenty (20) days of receiving such copy, give written
notice to the City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal made by said
independent appraiser shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should company give such notice of disagreement, Company shall also submit to
the City with such notice a written statement setting forth what Company believes to be
the market value ?f Comp~ny's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to reach an agreement as to
the market value of Company's property for "in lieu" purposes hereunder. If, after the
expiration of thirty (30) days from the date the notice of disagreement was received by
City, the parties have not reached agreement as to such market value, the parties agree
to submit the dispute to final arbitration as provided in subparagraph (1) of this Article
VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to
City on or before December 31 of each year during the term hereof, at least the total
of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the
"in lieu" payments which would be due hereunder on the basis of Company's valuations
rendered and/or submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever is higher.
(1) A Board of Arbitrators shall be created composed of one person
named by Company, one by City, and a third to be named by those two.
In case of no agreement on this arbitrator in 10 days, the parties will join
in a written request that the Chief Judge of the U.S. District Court for the
Southern District of Texas appoint the third arbitrator who, (as the
"Impartial Arbitrator") shall preside over the arbitration proceeding. The
sole issue to be determined in the arbitration shall be resolution of the
difference between the parties as to the fair market value of Company's
property for calculation of the "in lieu" payment and total payment
hereunder for the year in question. The Board shall hear and consider all
" .
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Industrial District Agreement - 8
relevant and material evidence on that issue including expert opinion, and
shall render iits written decision as promptly as practicable. That decision
shall then be: final and binding upon the parties, subject only to judicial
review as may be available under the Texas General Arbitration Act
(Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbitration shall be shared equally by the Company and the
City, provided that each party shall bear its own attorneys fees.
(C) Should: the provisions of Article II of this Agreement become impossible
of enforcement because of (1) the invalidity or unenforceability of the Texas Property
Code (S.B. 621, Acts of the 65th Texas Legislature. Regular Session, 1979), or any
relevant provision. thereo~, ~r (2) because of any material delay or failure to act on the
part of the Harris County Appraisal District, then and in any of such events, all
payments under this Agreement shall be governed by the provisions of Article II hereof;
anything to the contrary in this Agreement notwithstanding.
VII.
City shall be entitled to a tax lien on Company's above-described property, all
improvements thereon, and all tangible personal property thereon, in the event of default
in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be collectible by City in the
same manner as provided by law for delinquent taxes.
VIII.
Company agrees to provide to City at Company's expense, a survey plat and field
note description of the land and improvements which Company petitions to be annexed
in accordance with the provisions of Article II above. Such annexation tract shall be
. .
Industrial District AgrAent - 9
e
contiguous to a point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description, City shall have the
right by notice in writing to Company to cancel and terminate this Agreement.
This Agreement shall inure to the benefit of and be binding upon City and
Company, and UpOIll Company's successors and assigns, affiliates and subsidiaries, and
shall remain in force whether Company sells, assigns, or in any other manner disposes
of, either voluntarily or by operation of law, all or any part of the property belonging to
it within the territory hereinabove described, and the agreements herein contained shall
be held to be covenants running with the land owned by Company situated within said
territory, for so long as this Agreement or any extension thereof remains in force.
x.
If City enters into an Agreement with any other landowner with respect to an
industrial district or enters into a renewal of any existing industrial district agreements
after the effective date hereof and while this Agreement is in effect, which contains
terms and provisions more favorable to the landowner than those in this agreement,
Company and its assigns shall have the right to amend this Agreement and City agrees
to amend same to embrace the more favorable terms of such agreement or renewal
agreement; provided, however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing agreements, containing
a percentage of ad valorem taxes more favorable to the landowner than that contained
in Paragraph II, Subparagraph 3 (2) hereof, and Company and its assigns shall run have
the right to amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than that contained in
Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to
landowners covered by existing contracts only to the extent such favorable terms apply
to any increase in value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Subparagraph 3 (2)
hereof.
. !
I~dustrial District Agrlnent - 10
e
In the event anyone or more words, phrases, clauses, sentences, paragraphs,
sections, articles or other parts of this Agreement or the application thereof to any
person; fIrm, corporation or circumstances shall be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, then the application,
invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph,
section, article or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity of the remaining
parts of this Agreement shall not be affected thereby.
XII.
i .
Upon the commencement of the term of this Agreement, all other previously
existing industrial district agreements with respect to said land shall terminate.
.""E~TERED INTO effective as of the 1st day of June, 1986.
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-
- Assistant Secretary
AR~ line Co~
By: ~
Vice President
ARCO Building
Independence, KS
APPR~V;~Y A COUNSEL:
JAoJU<%~~'
Mark A. Plake -
Independence, KS 67301
(316) 331-1300
ATTEST: .
~~.
Cherie BlacK, Ci!y Secretary
CITY OF LA PORTE
By: ~~l~~~-
By: (KJ~ -r: ~
Robert T. Herrera, City Manager
APPROVED~Y C . NSEL:
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P.O. Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
CITY OF LA PORTE
P.O. Box 1115
La Porte, Texas 77571
9012211
DllA W\AGR\lAPORTE
. 1
L8487~){'
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SPECIAL WARRANTY DEED
'\ 27 ":76:Z00T
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:....::,~ ;;: : .:., ;'':'J "l I,.:
STATE OF TEXAS
COUNTY OF HARRIS
)
) KNOW ALL MEN BY THESE PRESENTS:
)
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,
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That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and ~0/100.Dollar~ (?100.00) a~d other goo~ and valuable I' ~~.L,/
cons1derat10n to 1t 1n hand pa1d by ARCO P1pe Line Company ~.
("APL"), a Delaware corporation, whose address is ARCO
Building, Inde:pendence, Kansas 67301 ("APL"), the receipt and
sufficiency of which is hereby acknowledged, has granted and
conveyed and by these presents does grant and convey unto APL
all of its right, title, interest and estate in and to that
certain tract of land and premises in the William M. Jones
Survey, Abstract 482, and the George B. McKinstry League,
Abstract 47, Harris County, Texas, containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and 2.803 acres,
the latter tract being embraced within the right-of-way for
Fairmont Parkway) described in Exhibit "A", attached hereto
and incorporated herein for all purposes.
Being the same. tract of land or premises conveyed by
Friendswood Development Company to ARCO by deed dated
December 30, 1974, and recorded in File No. E334151, Film
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Pror.erty of Harris County,
Texas hereinafter called the "Deed. '
This conveyance is made and accepted subject to:
(a) all rights, easements, restrictions, exceptions,
reservations and encumbrances whether recorded or unrecorded
(b) the convenants, exceptions" conditions, rights,
easements,' restrictions, reservations, purchase options and
encumbrances contained in the Deed.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights,.privileges, a~d
appurtenances thereto in any manner belong1ng unto APL, 1ts
successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof,
by, through, or under ARC 0 , but not otherwise.
This Special Warranty Deed has been execute? on the date
of, the:acknowledgment hereto but shall be effect1ve for all
pu!p~ses as of the'18th day of August, 1988.
Attest:
Atlantic Richfield Company
III
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Assistant Secretary
By
Senior Vice President
- ARCO
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EXHIBIT "A" Page 1
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127 -..76':20:J2
STATE OF (lc'(.(~ i(Yl/;: f.1~'l )
.... .~., ) SS
COUNTY OF.__:,~' t:/ (~)/r'{i/(~'.:_ )
Before mE!, '/).., /ild(( 1'1. /'A<:ygft'll , a Notary Public,
on this day personally appeared /kifc:..,'.(d (/, lle,/.;','.j-:c, , known to
me to be the person whose name is subscr'bed ~~Vthe foregoing
instrument, and known to me to be the .;':.(:. }/[(!'.L President
of Atlantic Richfield Company, a corporat10n, an acknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
.Given under my hand and seal of office, this _.?cilt day
of (((,u.i~(l!...-c , 1988.
c'J
. OFFICIAL SEAL I>
l:INDA .M MENCKEN '
: NOTARY PUEILlC - CAUFORNIA
LOS MalUS COUJRY ,
.., ClClIIIIII. IlllPlres .IAN I" 1_ I
>;(" . , '] /.
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Notary Pub)..ic, ft ~~, tl'l((i..J(:'(:<0'
C t (I' I'.? ,," ."'/
oun y, .i.f. l..- ~(f, , /c. ( .-< '
t
M commission expir~s:
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EXHIBIT "A" Page 2
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EXHIBIT "A II '1'0 DEED
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.. :0
FROM
ATLANT,IC RICHFIELD COMPANY
TO
ARCO PIPE LINE COMPANY
"\ i7'" 76::200'3
NETES l\ND BOUNDS DESCRIP1'lON
169. {~50 ACRES
HILLIL\N N. JONES SUlt'.'F.Y A-l,82
GEOlZGE B. t'lcKHISTRY J..E^GllI::, 1\-l~7
llL\lUn S COUNTY, TEXA~
Bei~g three tracts or parcels containing a total of 169.450 acres
of ~and in the William M. Jo~cs Survey, 1\-482 and in the George B.
NcK~nstry Lea9ue, A-l~7) Ilar:r~s County, Texas and being more parti-
cularly ueser:Lbcd as _ 'F cae t ~, Tra.e t 1 I and True t I II by metes and
bounds as follows (a.Ll bear~ngs refercnceu to the Texa.s Coordina.te
System, South Central Zone):
TI,V\CT 1
BEGINNI~G at Coppel"'\t7eld 'Number 2856, being the intersection of the /J~
south l~ne of Fuirmont Pa'r.luoJay, 250 feet Hidc, ;1.1; rQcordGG j~n (:J!.(
~me-.;l~42, :P-i\.~e-L~1,-Ueed-H:eeGr(-l-6,-Hc.H:'l:4-u-Ge\:tft-l:-y-,-4e'n-a-e Cl nd the
eas t line of a 230.00 foot \\1ide llarris County Flood Control Dis trict
right-of-way for Big Island Slough as recorded in Volume 8260, Page
124, Deed Rccords, llarris County, Texas;
T~lENCE with the east line of said Harris" County Flooll Control District
right-or-Hay, S 07015'39" E for a dir.tuncc of 1052.20 fect to Copper-
\vcld Number 2857, a point for corner, in the ea5t line of said llarris
'County Flood Control Di.strict right-o[-\'1LlY, 230 [cet Hide;
THENCE continuin.g vlith said east line, S '3t~059'391' E for a distance
of: 1I"l~9.7(j feet to CopllcnHd,d 111I1IIIH:J:' LB~a, a pojllt for. cC:JJ~llel:-, Dt
the intcrsection of: tilC east line o[ ~iaiu J1:.1rd.~j COllllty F1.oou Control',
;:." District right-of-way, 230.00 feet \'1ide, [or IHg Island Slough and
the wcs t line of a 100.00 foot \odde Pipe line Corridor "510";
THENCE \vith the west line of thc aforcmentioned Pipeline Corridor
II 510' I, 100. 00 fee t \\1 ide, N ll~ 0 l~ 1 ' 49" E fa r a d i s tan ceo f 2395. 5 B
feet to an Exxon Pipeline Company marker, identified as llPL 1-27, a
point for con1er, being the intersection of: thc \-Icst line of said
Corridor and the aforesaid south line of Fairlllont l'a.rk\\1ay, 250 feet
wide;
THENCE v7ith said south line, S 860)2'37" H llt 83.28 feet passing a.
5/8" ir:on rod, at 1266.09 ~cet passing a 5/8" iron rod called Rod
2061 2.23 feet S 03007123" E, and continuin[; in all [or a total
dis t~nce of 15 7l~ .:52 feet to Coppen'le 1d Z856; the POINT OF' BEGINNING
and containing 49.366 acres of land.
TRACT 11
CONHI~NCING [or rl~I:l~rence at Coppnnlelc.l Nl.IlIlher. 2B5() bed r~l~ tlw. in~er- /I
section of tile :5outlt line or Fn.i naol1t l'ar!\.\J:1Y, ,-50.DO J.eet \o/1<.le, ..as. I.
..r-ee~~-f'tle'd-i-n-v~~~-~I:lI t..~ (, '1,,~,......P""r;to;/rl-;-f)l! r: It-r~ ~ l: u r:lEi~-n ITl~,~tr.-t:tJttTll.,..-;-'i~&6 '-, - r
nnc.l t\ll~ ccwt l.iLln (If CI 1.]0,00 fOIll: Hide lIillTi:i County Flood Control
District r-.lght-ur-way [OL. IL1.g lul.uud SJ.OlII,',h ..n n~(:()nlc.,tl 1u Volume
, 8260) Pa fje 12l~, Deed Record s, Un rri S COLIn lY, Tc:-:a s ;
1 .ll ()' (") 0 r; 2 ' J 7" };'.., a t
THENCE \.1ith said south lille ()( Fc:l.i.nnont Pat- ,-\.my, ( J
a distance of: 157l~. 52 feet pL\~i5int~ the Hest liuc of Exxon Pipeline
Cor r i. d 0 r II 510 I', 100. 00 f: e c t Hid e, " I HI con t i. 11 1I i l\ t~ in a 11 f: 0 rat ot a 1
EXHIBIT "A" Page 3
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'127~76~2004
distanc~ or l679.5~ feci to Exxon Pipeline Company Marker identified
a~ }~P~-l28.~ the POJ.NT O~ BEGINNING, said point also being' on the
eas teI: ly l~ne of the saJ.d 100.0 foot Corridor;
~~E~~~~ co?t~nu~n~ \.1i: th said south line, N 86052' 37" E for a dis tance
,?1: l~ 71. ~2 . fee t t<:> ~oPl~erwc:ld Nll~llber. 2860, a ~oin l ror corner, be-
1..ng th7 l.ntersectl.on of s~l.d south'll.ne or Fa~nllont Parkway, 250.00
feet w1.de, and the \..,en t ll.ne of Baypa r.k I~ond, 100.00 fee t wide;
THENCE with said \-lest line, S 02027'59" E for a distance oE 2883.23
feet to Copperweld Number 2827, a point for. corner, being the north-
east corner of a 60.792 acre tract of land'
,
THENCE ~ith the north line of said 60.792 acre tract S 87031'40" \-1
for a d1.stance. of 18ll~:5J feet ~o Copperweld Number 2828, a point
for corner, bel.ng the l.ntersectl.on of the north line of said 60.'792
acre tract and the east line of the aforesaid 230.00 foot wide
Harris County Flood Control District right-of-way for Big Island
Slough;
THENCE with said east line, N 34059'39" \V for a distance of 553.93
feet to Coppen-leld Number 2859, a point for corner, being the inter-
section of the east line 01: said Harri::; County Flood Control District
right-oE-way, 230.00 feet wide, and the cast line or Pipeline Corridor
"510", 100.00 feet"'-J'ide~ .
THENCE with the east: line of said Pipeline Corridor, N lA04l'l~9" E
for a distance of 2512.56 feet to the POINT OF BEGINNING and contain-
ing 117.281 acres of land.
TRACT III
BEGINNING at Copperweld Rod Number 2856, marking the intersection /).Jb
of the south line of F."linnont Park\-lay, 250.00 fee t Hide, ~Ui .naccn:dQd(,...:]f'
in Volume 36/12, Page Ill, DaQrl Hpconl~, Il:p-ric: County, '~-'QJ:a.6 with the
east line of a 230.00 foot wide Harris County Flood Control District
right-of-way for Big Island Slough as recorded in Volume 8260, Page
l2L., Deed Records, llnrr:i s County, Texa s, said sou thcrly line 0 f
Fairmont Parkway, 250.00 feet wide, bcin[; a COllllllon line with the
" ~outh line of old Cardiff Road, 80,00 feet wide;
THENCE ,-lith said common line, N U605Z'J7'' E, nt: J.l~91.2l~ feet pansing
a 5/8" iron rod at l57l~. 52 feet passing an Exxon Pipeline Company
marker, identified as HPL 127, on the westerly line of Pipeline
Corridor "510", 100.00 feet \-lide, at 1679.56 feet passing an Exxon
Pipeline Company Marker, identified as llPL 128, on the easterly line
of said Pipeline Corridor "510" and continuing in all for a total
distance of 3050.58 feet to Copperueld Rod Number 2860 for corner,
said point being on the westerly line of Baypark Road, 100.00 feet
wide;
THENCE.'Hith a projection of the westerly line of said Bnypark Road,
100.00 feet 'vide ,', N 02027' 59" t~, for a d~s tance of 40.00 feet to a
point for corner ~n the centerline of th6 aforesaid old Cardiff
Road, 80.00 feet wide;
THENCE with said centerline S 86052' 37" \oJ, :a-t l3~g. (,3 ft;ct flflf:F.:ing- /I../f?
1;..l.1-e-e'tt8.L:..e'l?;J;.:y-B.:n-~f-thu Ll [u u.:~fl4-fl-U;i.~~C-Co.r.J:.i.~e-f "~10"! lO? Q(). (.:1.r,
fcet \i-:1:UC, at 1'163.67 f~('>I. r'I~~inB tho w~crly b.no 01 :JLn.ct Pl.pCiirhnQ
~ld'LI..i.,l,...~lQ" and ('~:ol,n'l~-~~:i n .,'11 .-f,g. a total distance 3053.94
feet to a point [or corner, said pojnt being on n projection of the
easterly line of ..!J~~ a1JV~;aid 230.00 fout wide lIarris County Flood - -
Control District~Zor Big).1.sland Slough; C;f;'f;'
THENCE '-lith the pro'jection of said cn:ited.y l:i.ne, S 0701S'39" E,
for a di::;tance of l~b.10 [eet to the POUlT OF BI~G.I.NNING nnd. containing
EXHIBIT "A" Page 4
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2.803 acres of l'
the aforesaid 1~nd, said tract
. 0 Cardiff Road
,
beinl\ the southerl '127-76=2005
80.00 feet wide. Y 40.00 feet of
Compiled by'
Turner ColI'.
C ' ~e & I"r..1
onsu1 ting}!' " ) c.luen, Inc.
Houston .ng1neers
December 6 197~port Arthur
Revised: bec b Job No. 1659-006
em er 2t~, 1974
- .
FILED FOR RECORD
8:30 A,.M.
\,SEP 1 5 i88
__llIt"'--
;r"sfl:#fKm4sIlMf-A..,....=:r:am.M:
COUNTY Of H~I!( J
raF.:'- i:a ,I'\=~= = fill Num..
&.1str. ,.:Ii 1111II.-& ....1...... ".RId ~ ~\:
SEP 151998
~~..e6....~
~ JU.:.r~.1EXAS
Ci...:A /I~ ..lit..
County Clerk, Harris county, Teus
RECO':DER'S "OroR~NOUM
tJ~~~rJ,O~:I~g~~T{~NilrJl0EQUc~,TIOE..
FOR THE lUll PHOT(,cRAPHIC IIEPROOO ..
BtCAUSE Of IllEGIBILITY. CARSON O@
PHOTO COPY. DISCOLORED P~,PER. ~
EXHIBIT "A" P 5
age
Return to
Mildred L Ruasell M
. . Dnlllger
Land & R/W Dept.
ARea Bldg.
Independence. Kansas 87301
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EXHIBIT -8-
Page 1 of 2
TO AN INDUSTRIAL DISTRICT AGREEMENT
TEXAS, AND
BETWEEN THE CITY OF LA PORTE,
.
1. City and Company agree that the real property of Company, more
particularly described on Page 1 of this Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that City
will not annex said propertYJ provided, however, City reserves the
right to conduct "strip" annexations as my be required by law in
connection with annexation of land other than that owned by Company.
Company agrees to render to City and to pay as "in lieu of taxes" on
Company's said un:Lmproved land, an amount equal to the sum of 100%
of the amount of ad valorem taxes which would be payable to City if
all the hereinabove described property of Company had been within
the corporate limits of City and appraised each year by City's
independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
Agreement~ provided, however, at such time as Company commences
improvements to .Compapy's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
Company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
3. Company agrees that the real property of
described shall not be used as a site for commercial
incineration, i.e., incineration of hazardous wastes
site; provided, however, City does not waive its
under Paragraph 1 of this agreement.
4. Except as amended by the terms and provlslons of this Exhibit
"A", the terms and provisions of the Industrial District Agreement,
to which thi~ Exhibit "An is attached, shall remain in full force
and effect for the term of this Agreement, expiring December 31,
1993.
company herein
hazardous waste
generated off-
rights reserved
5. City and Company agree that the terms and provisions of this
Industrial District Agreement shall be retroactive to January 1,
1987. City acknowledges receipt of payment of "in lieu of taxes.
fro calendar years 1987, 1988, and 1989.
;ENTERED INTO this day of September, 1990, retroactive to
effective date of January-I, 1987.
/.
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Compa!!y"-
(COMPANY)
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t~~~~
Secretary "
BY:
Name: Norman R. Bennett
Name: C. A. Staton
Ti tIe: Vice President
Address :.ARCa Building
lI.PPROVM ~EL:
J1!1J l
Attorney for Company
Independence. KS 67301
Name: Mark A. Plake
Address: ARca Build.ing
Independen~ce ~ KS
Telephone: (316)331~-1]~__
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: .
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1, .
AT'rEST:
~;UL
Cherie Black '
City Secretary
APPROVED BY COUNSEL:
Kn~ln. .
City Attorney
702 w. Fairmont Parkway
P.O. Box 1218
La porte, TX.77572-1alB
Te1epho~e: (713) '471-1886
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EXHIBIT .B"
Page 2 of 2
CITY' OF LA PORTE
BY'~~~.( .
N .rman Malone --
Mayor
BY: c=Kl't~~ T- ~
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La porte, TX 77572-1115
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