HomeMy WebLinkAboutO-2001-2472
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ORDINANCE NO. 2001-~*?~
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA
PORTE AND OAKWOOD CAPITAL, L.P.; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF' THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
contract, agreement, or other undertaking described in the title of
this ordinance, in substantially the form as shown in the document
which is attached hereto and incorporated herein by this reference.
The City Manager is hereby authorized to attest to all such signatures
and to affix the seal of the City to all such documents.
Section 2. 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, Chapter 551, Texas Gove:rnment Code; 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 3. This ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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ORDINANCE NO. 2001-"1.f'7~
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PASSED AND APPROVED, this /CfJI- day of L1nf1A..d-
ATTEST:
~~ ~. l~l~bJ
Mar ha A. Gille t
City Secretary
AP~M~
Knox W. Askins ,
City Attorney
CITY OF LA PORTE
By:
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'N ma r.;. Mar e
Mayor
PAGE 2
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EXHIBIT "B"
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Industrial District Agreement
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NO. 2000-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT A(;REEMENT
This AGREEMENT made and entered int.o by and between the CITY
OF LA PORTE, TEXAS, a municipal corpc)ration of Harris County,
Texas, hereinafter called "CITY", and OAKWOOD CAPITAL, L.P., a
Texas limited partnership (Tenant: Unitor Ships Service, Inc.),
hereinafter called "COMPANY",
WIT N E SSE T H:
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, 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 Ordimmce No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "Distric:t",' such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the m.mership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the :Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Distric,ts and for such purpose
desires to enter into this Agreement 'with Company pursuant to
Ordinance 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 contain.ed 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:
FINAL DRAFT: February 24, 2000
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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 to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, 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, shall be immune from
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 Land, including that which has been
heretofore annexed, 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,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a paJ:::"t hereof; and provided,
however, it is agreed that City shall helve the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and i.mprovements, and tangible
personal property.
Under the terms of the Texas Property Tclx Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Sessi.on, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal propElrty shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal prop,erty 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 prop,erty in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of ci ty' 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 tangi.ble personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvement!:;, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is gran1:ed in accordance with the
Texas Property Tax Code, through and :including April 15, 2007,
Company shall provide City with a writtEm description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simili;tr form. The properties' which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addrE!sses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other clrrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner em or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the currl~nt calendar year ("Value
Year").
D. Company 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-three percent (53%) of the amount of ad valorem
taxes which would be payable: to City if all of the
Company's Land and improvement:; which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to su.bparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions: of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tanqible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value ()f at least $3,500,000.00.
For the purposes of 1:his Agreement, mul tiple
projects that are comple1:ed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from th.e calculation under this
subparagraph 2 to restorE~ the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payablE~ to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in stc)rage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the Cit~{'s independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 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.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing there:after until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, 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.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, 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 Co~pany or imposes 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, 1994.
V.
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 bE~tween City and all of the
owners of all land within the District of which it is a part.
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 herei.nabove 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 to ci ty in accordance with the
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foregoing provisions of this Agreement ()n the basis of renditions
which shall be filed by Company.
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 fin.al 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 1~ith applicable penalties,
interests, and costs.
B. Should Company disagree with an~r 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
ci ty 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 Artic:le 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" paLyments 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 part.ies will join in a written
request that the Chief Judge elf 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
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
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 defaul1: 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.
This Agreement shall inure to the benefit of and be binding upon
ci ty 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 c)r any part of the property
belonging to it within the territory here:inabove 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 extemsion thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to propert:y assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or ent:ers into.a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in ef:fect, 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.
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The parties agree that this Agreement cc)mplies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articllas or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall bE! held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, th~n the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, pcLragraph, 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 Agreeme.nt shall not be affected
thereby.
XI.
Upon the commencement of the. term of t~his Agreement, all other
previously existing industrial district j~greements with respect to
said Land shall terminate.
ENTERED INTO effective the
ATTEST:
~~ a. ItLfll1f/
City Secretary
a:;~d
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 7757.2-1218
Phone:
Fax:
(281) 471~1886
(281) 4 71~'204 7
MPANY)
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Name: Don L.
Title: presi e
AddresS:2780 Skypark Dr;vp.. !=;n;t-p .460
Torrance. r.A qn~n~
~OF LA PO~
By: ~ ~
orma~ne
Mayor
By: (Y?o.O,.,,^* T. b(~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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"EXHIBIT A"
(Metes and Bounds Descript.ion of Land)
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GF No.: 00170145
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EXHIBIT "A"
All that certain 8.5811 acres of land being out of Restricted
Reserve "C", Bayport North Industrial Park according to the plat
thereof filed at Film Code No. 437010, Harris County Map
Records, also being out of that certain called 110.5334 acre
tract'of land described in a deed dated 11-08-1999 from Don L.
TUffli, Trustee to Bayport North Industrial Park, L .,P. filed for
record in the Official Public Records of Real Property of Harris
County, Texas, at Clerk's File No. U-074535, Film Code No.
529-10-2591 being more particularly described by metes and
bounds as follows:
BEGINNING at a set 5/8" iron rod with cap located in the east
right-of-way line of New West Drive (60' wide) at its
intersection with the south end of a 20' cut back line for the
south right-of-way line of New Century Road (60' wide), and
being the southerly northwest corner of said Reserve "C";
THENCE N 250 17' 40" E - 29.23' with the said cut back line, to
a set 5/8" iron rod with cap for corner;
THENCE N 680 28' 13" E - 147.45' with the said south
right-of-way line to a set 5/8" iron rod with cap being the
beginning of a curve to the right having a central angle of 180
24' 37" and a radius of 470.00';
THENCE continuing in an easterly direction with said south
right-of-way line an arc distance of 151.02' to a set "x" in
concrete marking the Point of Tangency;
THENCE N 860 52' 50" E - 270.34', with said south right-of-way
to a set 5/8" iron rod with cap for corner;
THENCE SOlo 58' 01" E - 700.00', with the west line of a
certain 10.0000 acre tract described in a deed dated 02-03-2000
from Bayport North Industrial Park, L.P. to Terranova Forest
Products, filed in the Official Public Recorqs of Real Property
of Harris County, Texas at U-208180, Film Code No. 530-49-3800
to a set 5/8" iron rod with cap for corner;
THENCE in a westerly direction S 880 03' 59" W - 540.46' to a
set 5/8." iron rod with cap for corner;
THENCE with the aforementioned east ri9ht-of-way line of New
West Drive N 030 06' 23" W - 444.46' to a set 5/8" iron rod with
cap being the beginning of a curve to the left having a central
angle of 130 47' 52" and a radius of 620.00';
Continued on next page
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THENCE continuing in an northerly direction with said east
right-of-way line an arc distance of 1'19.31' to the' POINT OF
BEGINNING and containing 8.5811 acres (373,792 square feet) of
land, more or less.
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the follc)wing rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulaticms shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit" A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identificaticm sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-oj:-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowal)le at the intersection of
improved public rights-of-way.
. Freestanding identification si~Jns for multiple businesses
sha 11 not exceed 350 square f Elet .
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign const:ruction shall be ten" (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmc>nt Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing treee;, vegetation, underbrush,
etc. to provide a thorough and E!ffecti ve visual screening
of the development. Existing t:rees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms aLnd landscaping will be
maintained by the property owners.
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"EXHIBIT e"
paqe 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees., shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual SCrE!en. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere wi th the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip elf land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate accelerati.on/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and City.
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1
STATE OF TEXAS 9
COUNTY OF HARRIS 9
WATER SERVICE AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal coIporation of Ranis County, Texas, hereinaft~'f called "CITY", and OAKWOOD
CAPITAL, L.P., a limited partnership, hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the coIporate limits of the CITY. CITY and COMPANY are parties
to a current Industrial District Agreement.
II.
COMPANY is desirous of purchasing potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable water supply of CITY did not include the needs of property
located outside the city limits of CITY. COMPANY recognizc3s that CITY cannot at this time provide
permanent and unlimited water service. CITY agrees, however, to provide limited potable water
service to COMPANY. For and in consideration offumishing domestic potable water by CITY, the
parties hereto agree as follows, to-wit:
m.
COMPANY has made certain representations to CITY as to its number of employees, and/or
its desired amount of potable water for limited industrial proc:esses, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
--
.
2
Upon review of these representations, the City has determined the following:
Number of Company Employees on site
llQ
Number of Contract Employees on site
o
Total on-site Employees
llQ
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
1 4 'i0
,
*Potable Water Approved for Industrial Processes (gpd)
1 'i00
,
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
II Q'iO
,
IV.
CITY has determined that adequate facilities are available to CITY to furnish potable water to
COMPANY based on the following terms and conditions, to-wit:
(A) Company shall pay to CITY a one-time administrative connection charge of $
II QOO
,
(B) Potable water used for Industrial Processes shall be limited to the following:
*Ruilrline fire ~rinkler, hmn!:C'J'lpe inigfltion, te!:tine offire protection equipment, hynro te!:tine
offire extingJli!:her c.ylinner!:, te!:ting offire !:uppre!:!:ion fo~m, 'Iift te!:ting of life r~ft!:, ~nn w~ter neM!:
for other te!:t ~nn in!:pP.ction proc-enuTP.!: rp.qJlirp.n for v~riou!: fire, re!:c-ue !1.SIfety equipment
(C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay
appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing
meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box
to be approved by City.
(0) Where applicable, COMPANY shall also pay to CITY $ Nt A as a pro-rata reimbursement
for installation of utility mains funded by other parties.
(E) The total amount of potable water approved (average daily demand) is established at SIX
.
.
3
THOTT~ANn NTNR HTJNT)RRO FIFTY (6,950) gallons per day. This number is based on an
average offifty (50) gallons per employee per day established by CITY, plus any amount approved
for industrial processes.
(F) The average monthly demand of TWO HTJNT)RFO FI.FVEN THOTT~ANn, NTNR HTJNT)RFO
~RVENTY-FTVF. (211,975) gallons is established by multiplying the average daily demand by a
factor of30.5, which shall be used to facilitate service billings.
(G)The cost of water up to the average monthly demand of TWO HTJNT)RFO FLFVEN
THOTT~ANn, NTNR HTJNT)RRO ~RVENTY-FTVF. (211,,975) gallons shall be one hundred fifty
percent (150%) of the CITY'S rate as established from time to time for commercial customers
inside its corporate limits.
(H) The cost of water for amounts used in excess of the established average monthly demand shall be
two hundred percent (200%) of the CITY'S rate as established from time to time for commercial
customers inside its corporate limits.
(1) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of TWO HTJNT)RFO FLFVEN THOTT~ANn NTNR HTJNT)RFO ~FVENTY-FTVF
,
(211,975). Repeated consumption greater than the estahlished average monthly demand may
result in tennination of service.
(1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if
an emergency arises and there is not an adequate water supply to meet the needs of the citizens of
La Porte.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S
sole discretion.
(L) The total cost for the engineering design and construction of any potable water main, service line,
back flow preventer, meter or other required appurtfmances will be the responsibility of
.
.
4
COMPANY.
(M)COMP ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
(N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet
all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and
code enforcement personnel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plumbing system( s). CITY plumbing inspectors shall have the right
to inspect any and all work related to the furnishing of potable water to COMPANY.
(0) A reduced pressure zone bacldlow preventer shall be installed and maintained by COMPANY to
protect CITY from any possible cross-connections.
(P) The potable water supply system will be segregated from any existing and future COMPANY fire
protection system.
(Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(R) COMPANY shall submit a certified site. plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development may be subject to certain additional requirements as described in Exhibit A. These
requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of the meter; service linles from the main to the meter; and from
the meter to COMPANY'S facilities, shall be solely at the expf:nse of COMPANY. COMPANY shall
own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter.
.
.
5
VI.
CITY will ~ve ownership and maintenance responsibility for its water mains, and service lines
up to and including CITY'S water meter. In the event a State or Hanis County license, pennit, or
pennission to install the water main is revoked, or relocation or adjustment is required, CITY will not
be responsible for the expense of such relocation, adjustment, or replacement.
VIT.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, and to observe compliance with the tenns and conditions of this
Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also
agrees to follow established health and safety policies in effect at COMPANY'S facility.
vm.
CITY reserves the right to tenninate this agreement in the event of violation of the tenns ~d
provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects
an4 COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at
COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water
i
~upply is threatened.
IX.
Upon receipt of written notice of tennination, COMPANY shall have up to six (6) months to
prepare for transition to another water supply. If the transition is not complete within said six-month
period, CITY shall have the right to tenninate water service at its sole discretion.
x.
In the event of any conflict between the terms and provisions of this Water Service Agreement
and the terms and provisions of the Industrial District Agreement between the parties, the tenns and
provisions of the Water Service Agreement shall contro~ to the extent of such conflict. The term of
this Agreement shall tenninate on December 31, 2007. How~lver, this Agreement shall automatically
expire at such time as there is no effective Industrial District Agreement between the parties or if CITY
.
.
6
exercises its right of tennination.
'57
ENTERED INTO effective the ~ day of ~ /JAIP.JAA.~ 2001.
OAKWOOD CAPITAL, L.P.,
a Texas Limited Partnership
By: Oakwood Nevada, LLC,
Its General Partner
Z~ ~
~-~
Name: Don ~. Tuff -
Title: Pres~dent
Ad~- 2780 Skypark Drive, Suite 460
wess:
Torrance, CA 90505
CITY OF LA PORTE
ATTEST:
~OFLAPORTE
By: ~~4~
Norman L. Malone
Mayor
Martha A. ~ett
City Secreta,ty
~~
By:
Gi~~ T. ~~
Robert T. He,rrera
City Manager
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
LaPorte, TX 77572-1218
City of La Porte
PO Box 1115
LaPorte, ~ 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281);471-7168
.
.
.
7
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agre:ement between CITY and COMPANY
dated 'dJ!AN'. ')..00 (
,
CITY6\~tial:
COMPANY 4fJ?'
ADDITIONAl. RRQITTRRMFNTS
The Agreement is amended and supplemented to include the following agreement of the parties.
<;OMP ANY shall provide additional improvements as ~:pecifically set forth below. These
oagr:eements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
'water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary
Sewer Service Agreement and this addendum. Said additional improvements undertaken by
COMPANY are an integral part of the consideration by COMPANY for obtaining the provision
of water and/or sanitary sewer service from CITY.
1) Storm Water Plan:
For new development COMPANY shall provide a Storm Water Management Plan
that is approved by Harris County Flood Control District. and CITY. COMPANY
shall construct and maintain any storm watc;:r system as a condition of continued
water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject. ,-to approval by CITY.
COMPANY shall install and maintain landscaping along. its existing developed
frontage as per approved Landscaping Plan as a condition of continued water
servtce.
.
.
EXHIBIT "'D"
- ... """..... ~_.....-
Sanitary Sewer Service Agreement
>
.
--
1
STATE OF TEXAS ~
COUNTY OF HARRIS ~
SANITARY SEWER SERVICE AGREEMENT
(for Companies located in Bayport North Industrial PaIk)
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Ranis County, Texas, hereinaft~'f called "CITY", and OAKWOOD
CAPITAL, L.P., a limited partnership, hereinafter called "COMPANY".
I.
CaMP ANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and CaMP ANY are
parties to a current Industrial District Agreement.
ll.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human
domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to
COMPANY. For and in consideration offumishing sanitary ~:wer service by CITY, the parties hereto
,
agree as follows, to-wit:
ill.
COMPANY has made certain representations to cm~ as to its number of employees, and/or
its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
.
.
2
Upon review of these representations, the City has determined 1he following.
Number of Employees on-site
69
Number of Contract Employees
o
Total on-site Employees
69
Sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)
14~0
,
Sanitary Sewer Approved for Industrial Processes (gpd)
1 ~OO
,
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd)
69~0
,
N.
CITY has determined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the following terms and conditions, to-wit:
(A). Company shall pay to CITY a one-time administrative cOlmection charge of $
6 gOO
,
(B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C). The average daily demand is established at SIX THOlJSANn NINF<: mJNT)RRO FIFTY (6,950)
gallons per day. This number is based on an average offifty (50) gallons per employee per day
established by CITY.
(0). The average monthly demand is calculated to be eighty-:five percent (85%) of the average daily
demand multiplied by a factor of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of ONR m JNT)RRO
F.TGlITV THOlJSANn ONR mJNT)RRO SRVFNTY-RTGHT POINT SRVRNTY-FTVF.
(HW, 17R 7~) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established
from time to time for commercial customers inside its corporate limits.
(F). The cost of sanitary sewer service for amounts in exCl~Ss of the established average monthly
--
.
3
demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time
for commercial customers inside its corporate limits.
(G). Nothing conta.iqed in this Agreement shall obligate C1TY to furnish more than the average
monthly demand of ONE HIJNnREn FIGHTY THOTT~ANJ) ONE HIJNnREn ~EVF.NTY-
ETGHT POINT ~EVENTV-FTVF. (1 RO, 17R 7';) gallons. Repeated sanitaIy sewer delivery
greater than the established average monthly demand may result in termination of service.
(H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitaIy sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitaIY sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article n of the Code of Ordinances) and any subsequent amendments or revisions.
(K). The total cost for the engineering design and construction of any sanitaIy sewer main, service
line, lift station, meter or other required appurtenances will be the responsibility of COMPANY.
(L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitaIY sewer service to customers within the corporate limits of CITY.
(M). All plumbing installed by COMPANY connected to the sanitaIy sewer line from CITY, shall meet
all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and
code enforcement personnel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plumbing system(s). CrTY plumbing inspectors shall have the
right to inspect any and all work related to the fumishing of sanitaIy sewer service to
COMPANY.
--
.
4
(N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
service lines by COMPANY to serve other parties.
(0). COMPANY shall submit a certified site plan showing the total acreage of the tract including
present and proposed improvements and a suitable location map of the site. Company's
development project may be subject to certain additional requirements as described in Exhibit A
These requirements shall be shown on the site plan and approved by City.
v.
All expenses of the installation of service lines from the main to the COMPANY'S facilities,
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and
plumbing facilities.
VI.
CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or
service lines within Bayport North Industrial Park. In the event a State or Hams County license,
pennit, or pennission to install the sanitary sewer main is nwoked, or relocation or adjustment is
required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
VIT.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this
Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also
agrees to follow established health and safety policies in effect at COMPANY'S facility.
VIII.
CITY reserves the right to tenninate this agreement in the event of violation of the terms and
provisions hereofby COMPANY. CITY will provide COMPANY with written notice of any defects
and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may result in tennination of Agreement. CITY shall. have the right to summarily correct, at
COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary
sewer system is threatened.
-
.
6
This is EXHIB:n' A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Service
Agreement between CITY and COMPANY
dated ~At.i. r J. 00'
:I '
Initial:
CIT': ~
COMPANY~
AOOTTTONAT. RRQTJTRRMF.NTS
The Agreement is amended and supplemented to include the following agreement of the parties.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service
Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional
improvements undertaken by COMPANY are an integral part of the consideration by COMPANY
for obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY
shall install and maintain landscaping along its existing developed frontage as per approved
Landscaping Plan as a condition of continued water service.
3) Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMPANY shall submit application to CITY for industrial waste permit.
.
--
.
5
;:
IX.
Upon receipt of written notice of tennination, CaMP ANY shall have up to six (6) months to
prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole
discretion.
X.
In the event of any conflict between the tenns and provisions of this Sanitary Sewer Service
Agreement and the tenns and provisions of the Industrial District Agreement between the parties, the
tenns and provisions of the Sanitary Sewer Service Agreem;mt shall contro~ to the extent of such
conflict. The tenn of this Agreement shall tenninate on December 31, 2007. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District Agreement
between the parties or if CITY exercises its right of tennination.
ENTERED INTO effective the I ~ day of JA~uAiN 2001.
OAKWO(~, L.P.,
a Texas Limited Partnership
By: Oakwood Nevada, LLC,
Ita Ce.
~~~- -
By: C~~ -
ame: Don L. ffli.
Title: President
AddresH: 2780 Skypark Drive, Suite 460
Torrance, CA 90505
CITY OF LAPORTE
ATTEST:
~O.AvI1d
Martha A Gillett
City Secretary
7J!j~r
CITY OF LA PORTE
By: Yl~"4~/~~
~lL. one (
Mayor
Knox W. Askins
City Attorney
By:G?o1-..t T. \.(~
Robert T. Herrera
City Manager
e
.
EXHIBIT "E"
Area Map
TO: DOl" TIJFFLI, rl?U~STEE
SA YPOf?T !"Of?Tfl Il\/DUSrRIAL PJ1f?K,
CJ1ARTEf? TITLE CO}dP)1NY
,dt'"6'
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'~.(' $(JR\J?'
~",
~~~.,~
~/~ 'W// ./p lOP' - 6/
SJTE FO/~ UfIJTQI? -SJIIP.S SEllVICE, If/C.
\
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(RESTRICTED TO
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25.5 ACf?fS
(1,108,965 S.F.)
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descnbe by rn~te' ond' oolJnd, 0' follows:
BEGiNNING qt 9 SAt 6/8" iron rocj with C~1> }O(()t~ in the eo~t rlqh\-Qf-woy lit.e of Ne'N
we. $~.. O. (ii". \6.0 . W(d".l . 0\. a,. i.. (I. te(S~U.on' with t.l1~. iouth lend Qf (, ~o cut bO:T_k 11n~ for the
$oIjU~ ri<}ht-of-',~dY nnt (:If N.'~N C~n~ury R~d .(60 wide, ~nd bein() the sOI.n.nerly
norlh,\t;S\ CQHV!r 6f softj ReserVe C:
niEN~E N 26. 11' ro" E - 29,23' with the stJid cut oock lir.~t to .., set 5/8. iron rod
with CQP for t;Ofner.
lliENCEN ea-2.S' '"'' E - 147.+5' with the sc'Jicj south right-of-woy lin, to 0 set 5/8-
iro" r9~ with cop belfiq th~ b~~nir!9' of a curve to- the nqht ,",oYing 0 (entre)1 an9fe of 1 'f$
24 37 and., ('JdiuS of 470.00;
THENC. E....('.~9"tifjUin(l in .'1" .eO$te.,:1v .di(e(;~loi), willis'lid . south right.. -of-woy Hne an ore dT${'Jnce
of 151.0" to ., s~t x in cooctete niarl(ui9 lhe POint of ron.;et1cy:
n.-iENCE Nas. 52' 50. E - 2'lO~J4'. with $'.1td soulh rtf}ht-of-woy to ., set 5/8. iron rOod
wIth ':op for cOIner;
rn~';e.s 0" 5~' 01" E - l00.~. with th~ w~e~t" lin" r.it <>' C~!tgir 10 ??oo C';f$ If(Jct de-
~rib~ If' ., . de~d. ~cttid 2- - . .. (( nl a.ti" It r,odb fnt 'J'trt~ P Ii< LP. 0 r ((0 ova
rore.st Pr.odlJtZt,.t.; flf.;(l If'. ~~ .3}flt;,t)I.... u~.lf~. JR~cOt~' 01 R~?J ~rope~ 01 }~tJ(ri' ~ount, ?&XC,
ot lJ-208100. titrn c<'da No. 5:50-4- -..>800 to ., set 5/8 irOl1 ro'A wit;, CeJp (f)( cor"er;
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n;(NC~ in ., westerly di(~tlon S as- 0.)' 59- Vi - 5.40.46' to .J set 5/8- iron rod with c"P
for CO((l~r;
TI1ENCE wjlh.,.... th.e Q(or!if}jN'\IQoed. e<ls\ Ii. c~..t-ot-:6:0Y tin..~ of N~'\v West Drive N OS O~ 23- \Y
- 1.4.+.4.6 to a set 0.,,8. 1(0!' (~5WJ~ COj) b.el".1.<1 the b~jr"'\ln~ of a curve to th~ left
h'JVlng 13- centr<J1 angle f)f 1.] 41 2 on<f a rlJdius of 8-,0.00:
rn.'Et1.~~.E c9. ntinui..ng :0_. an nQ.'lh.errvdr(~t!on with stJ!d ~st. r11ht--of.-w?y Hne on Q(O di~to(\ce
of 11t-9.J1 to U'le POiNT OF BEGINNING and conteJinin9 8.581 acre, \373.J92 square teet}
of fo(\d, more or less.
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N. M. M.&.lliiS
R.P.l.S. NO.
I HEREOV c;ER nFVUiA T nitS PlA"(
CCJ~HE01t. v REPHESElifSfHE AcnJAL
CONOlnON$ FOUNOON mE GROUND
AT llH!l1Me OF THIS SIJRVEY AND
ALL I~~PROV(ME~TS UE \~\HOLL v WlllilN
n-i[ PROPEllf'f UNfS EXCEP r AS SHOVt'N.
nus PROfESSiON,,\L SEHViCE SUBS TAN 11 AllY
Cot-4'Ot~MS TO n~E CURRENT TOOS SC'CIETY
OF PRtlf ESstONAl SUriVE,YORS ST,\NDAROS
AND SPEClflCAnONS foR A CAfEGO:lv 1A,
CONDll10N It SOIlVEy.
GENERAL NO lES
1.
BEARiNGS SHOV;N BASED ON HECORO
PlA T.
NO PORTION OF niE SIJ8JECT SHE IS
loeA1ED \WllilN niE 100 YEAR SPECIAL
flOOD HAZ^,~D AREA ACCORDING TO niE
PJOST RECENT OFflOAl INSURANCE RA lE
MAP, DAlio 11-06...1996,
MAP NUMBER ~.a:201CO'l,ro J.ZONE(S) "X".
PROMUlGA lED 6V niE ADMINISfHA TOR
OF' nit: OEPAAnJ.ENr OF HOUStNO AND
u:~aAN DEv'ElOPP~tNT OF n1E UNI lED
STAlES. mv REfE.RENCE TO niE 100 YEAR
Floro Plt\lN OR flOOD HAZAf~ ZONES. ARE
AN ESnMAll BASED ON DATA P:~OV'OED 8Y
H'IE fIDERAI... (MU1(8~CY UANAOCMENr AG(NCYS
F100J iNSlJRANCt; PROOWA ANO Sli(}JlD NOT
BE lN1U<PREllQ AS A STUOV OR OE1ERMIN-
AnQN or n~E FlOOOING PROPENSlfle:S OF
nilS PRoPERTY.
2.
J.
SlE S<.PMAlE LEG(~L DESCRIPTION FOR
ADOtTIONAl NARRATIVE.
FOR ,\OOlnONAL aUa"DING RESIRICJ10NS..
SE.E REsi~ICnVE ~VE.HANrs.(V.5?2Q.P.165
AMENCf.O IN V.8410p.2J3 HroR;O-aJ6,~l,
H-111543.U-138141;F'.C.I4-J'7010 HCMR
vnu 11[5 SHOWN HE.R(ON AAt:~A~D (IN
aff OF' LA PORn: Al~O fJllurf COMPANY
O:~AV/lNGS 'MUl flElO 11ESfO (XlSnNG
$fJRF;\ce flX 11JRES.AlL IJllUllES SH()tJlO
BE F;!.lO VERtfliD F'RlOR TO CONSlROOOoo.
StrE StJ8..,(cr TO Et-iVtl1ON'J,(Nf,At.. ST)J~.AROS
fOll niE tND~JSIRtA~ AR~A KNO',\'N AS
lP8A)'f'OHI-. Hh"<R+S OOJ.NN, r(.<As. REC-oRCfO
UNOEJl V.592Q,P.165, AMENDED iN '1.84'70,
P.2.38 HCDR., .4.NO BY 0-81605"7.
Silt S1J8...(cr TO A CQ\tN,AJHN(), A~f(MENT
NOT TO' DRilL OR OPERA n: OR CAUSE THE
ORIlUNG OR OPmAn~ CF AAY W,\lER \l~tl
fh~ THE sua,,( c r f'ROPtR ft, UNlfs,). AS 0 n-If.-R-
M~ PROYfOlD TI-IERBN, A.S RECf..lRCEO IJNOtR
H-11154.3.
SI..:a.(CT f'Rf.f1.RJY IS L0CA1!O l'fr..u.-. QEAR lJJ<E
Ctly WATER AU niORiN. A r O1l PRlc.~ TO
(tos~"tG. Slllf.R is Tf) fl.JRN~ A f'RfJPffilY EX-
[t)J1IO ANO ACKNOvttE.~O NonCE IN COf~-
PUA~ v.rn n-IE PRO'rlSiOi'iS SET fooni k~ ~c.
4-9.4-52 V. T.c..A. WA llR CC(lf'~ ~-1tfJi NOoct 'lUST
ALSO BE SiGNEOJ-ND AC~.NOVJtEOC;(O BY niE
PUROiArol h'JO SUa:::..tOlJEN It YlliERETO ~JUST
f1lEO FOR REOJRO.
9. SHE St13.'(CT TO h"fNlJJ.l M}JNrL'iht.tct aiAR~
PAYAi3lE TO 8A'r'POOT lNOUS1RlAL ASsrJOAflON
tN iNS IRWJEN IS RECf.A<OrO UNDER '1.5920.
P.165 HCDR.
4-.
5.
6.
.,.
8.
10.
9fE 9;8J(CT TO 1[F.!.4S, Cfj~llnoos. PROV\$j('Jts,
ANO OeUGA naiS OF GRAN I{E n1ERE1N fO
PlRfOR!A CERTAIN COVENANTS AS SfT room
IN iNSTRUMENT H'ECCf--<f"....EO UNOE.1 H-11154.3.
SURVEY PERfOHUED ".n;OUT Bf.-NEflT OF A
($. A n llE COWAII1J(N T.
11.
,
~.
....
PREJEAN & COMPANY. INC.
surveyIng / rnapping
9.324 Vf:srt{"H ~VE
HOJS rOli, rx 17Ch5
11.]- 4-81- !AJ.PS
LCGEND
~')-
....
-.~~- ~
RESIDUE Of 110.5.JJ~ ACRES
DON L 11.JffU, TRUSlEE
TO
BAYPOc1T NCRni INDusn~fAl PARK. LP.
U-074-5.l5 529-10-2~n1
11-08-1999
<.;p TRAffiC SIGN
@ $OUTHNESIERN 8ELL MA."-'HOlE
~ T(LE:.PHONE ENClOSURE
PONER POlE
--3 POWER POlE,,/OO.,'JN GUY
~) SlC~!"/SANtTARY SEWE.R MA....I1OlE
[[] fl"f'E a- a INLET
o frPE a iNLET
8.5811 J'Cf?E~) BEI/VO our OF
I?ESTI?/CTEO RE.SCl?Vr S'C"
EJA YPOf?T NO!?TJl 1!'IDUSTflIJ1L P)1/?l<
FILll CODE NO. .437010 II.C,ll.R,
HARRIS. COUl'lTY, TEXAS
@ WM", WATE.R METER
-<>- f'H"'f,RE HYDRANT
,. .w'.:"~ATtR VALVE
1. H.C.!.4.R. iNDICA TES HARRIS COI..J.'N TV MAP RECf'JROS
2. 1-i.C,Q.R. iNOICATES HARRIS COUNTY OEt:O REOOROS
J. I.P. iNDICA U:S Ll(QN PiPE
4. I.R.iNOlCA rES r~N ROO
5. 1.R-w/CAP iNDICATES IRON ROO WliH ALUI..hNU\f CAP
6. fNO L~DJCA TE:S VQI..;NO
7. Vf.X. lo40lCA rES VQlI.;1't1E
a. p<t iNOiCATES PAG(
g. SQ. fT. i."'OICArES SQUAF:E rEET
10. S.F. iNDICATES SQUARE fEET
11. fH.. iNDICA 1~~. SU-70ING 1l'NE
12. RIM iNDICAi!S RiCl-1T-?f-,~Y
U. I).E. iNOICAT($ uruTY EASEMENT
1'. P.C.. ;NOlCAT€,S POiNT OF OJRVATlJRE
1~. P.T. INOteAlJS ?O~T OF TM""~~
16. ,'.LE'INOICAlt$. ~!A-lt~UNt EAS(MCH
ft. s.w.a.T, jNDleArES$OiJ1lj\'ilsilR.~ BELt lflEJ-""HQNE
18. rtt...!e-~. il'JI)tCA1~S H~Sro... l,iGl-H;NG ci PO'vy'l~ CQMPANY
19. S.SE. jNO~^l($'S,~~r~~.t S(t.'lR EA~I\ENT
20. A.t.. ;~JfCA 1~' AERl,tJ_ U$O.If:.'it
21. Sf. S. t. lNQ!I:A'lS S r 4~~ st .It.R (I. $t1~OH
i
I
\
BE.NCH~AARK
aN Of' LA PORTE
'.cOW.1!JENT I.D. LPSA 99
AlU~~INIJ~A CAP 'lvHH PUNCH !-AARK
El.: 22.S06 ('18 AO.JJSrMENT)
T.8JA.11
CWSflED BOlT ON SOUllh\!EST CORNE.R Of
IHAfF1C SIGNAL POlE SASE lOCAIEO AT
NOt'ln{EASr COHNER OF SUBJECT PROPERlY
El.: 24.93
P.8JA.'4
CHtS/lEO Sf~AHE nrt ON TOP OF -H2- lNltT
O-t5) lOC. AIEO. AT N.OOll1SICE NE'c"1 CVHlJR'f
CRlvE f) NEW WEST ORl\1.:
EL: 1 8.16
REFERENCE DRAlflNOS
CONSTRUcnON Pt...A.ti$ (MONT(~MERV & ,~S.-SOCfAI~S)
SA '(POOT Noon.. iNDlJSIR(Al PARK
PLAN (.c F;a(f"ilE SHEErs 9 & 16 Of .ll
JOa NO. 290t -02
~~~,.,;..-~~~~_~,:,;,;;,,;,-,,' '--', '-'"',---';C'~_~~'~~-:W:,~_
L)\/VD rlTLE A"'D
TOPOGf?APfIIC SUl?VEY
,<<' ",-,:._--;,:--"",--,--,:~,,, _"_--_,~-,--_----J "';;..;:, -- ~
1" ::: 50'