HomeMy WebLinkAboutO-2007-2990
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
5/14/01
ADDroDriation
Requested By' John Joerns
Source of Funds: Nt A
Department" City Co-meil
Account Number: NtA
Report:
Resolution:
Ordinance: X
Amount Budgeted: Nt A
Exhibits:
Ordinances (5)
Amount Requested: Nt A.
Exhibits:
FTZ Agreements (5)
Budgeted Item: YES NO
Exhibits"
Spreads beets lAssu'llptions
SUMMARY & RECOMMENDATION
The staff has completed the review of the Foreign Trade Zone agreements for
Underwood Business Park and Port Crossing. A copy of those agreements and the
enabling ordinances are attached.
After several workshops, Council on January 22"d directed staff to proceed with the
Foreign Trade Zone agreements for both Port Crossing and Underwood Business Park.
Council also provided direction for consideration of a 25% local exemption for eligible
inventory and to not allow both Foreign Trade Zones and Tax Abatements.
However, as in previous correspondence with Council, staff recommended dropping the
provision related to tax abatements as it would be administratively burdensome (future
land sales, current and future tax abatements, a third pa~ administrator for the zone).
Based on the same assumptions used at the January 22" workshop the potential loss
in annual revenues at build out (5 years/2011) would be negligible at $26,625 for Port
Crossing and $21,300 for Underwood Business Park. Total annual revenue projections
for the City at build out (5years/2001) are estimated at $1,466,860 for Port Crossing and
$923,303 for Underwood Business Park.
The Assistant City Attorney has also completed his review of the documents and finds
that the agreements are in order for consideration by the Council. Staff recommends
approval of the enabling ordinances and the attached proposed Foreign Trade Zone
Agreements.
Action Required bv Council:
Approve the enabling ordinances and Foreign Trade Zone Agreements as presented.
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ORDINANCE NO. 2007- ~ ~ ~ 0
AN ORDINANCE APPROVING AND AUTHORIZING A FOREIGN TRADE
ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES
BETWEEN THE CITY OF LA PORTE, TEXAS AND PORT CROSSING LAND,
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, a copy of which
is on file in the office of the City Secretary. The Interim City Manager is hereby
authorized to execute such document and all related documents on behalf of the City of
La Porte. The City Secretary 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 Government 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.
2
Section 3. This Ordinance shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, THIS;< I DAY OF ~ 2007.
CITY OF LA PORTE
/~ 'V'
, ,
. ~) 1 , .' _, \1 \// -1__
By. '\..A:"L~. 1 cn.J-L-__.
Alton E. Porter, Mayor
ATTEST: ~ .
L/(Yl CULJ~ 'UP}
Martha Gillett, City Secretary
APPROVED:
1~ r T~~/~
Clark T. Askins, Assist. City Attorney
FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD VALOREM TAXES
BETWEEN THE CITY OF LA PORTE, TEXAS
AND PORT CROSSING LAND, L.P.
THIS AGREEMENT (this "Agreement") is entered into by and between Port Crossing Land, L.P.
("Company") and City of La Porte, Texas ("City").
A. Recitals
1. The Port of Houston Authority is grantee of Foreign Trade Zone No. 84;
2. The Company is the owner and operator of the 289.94+/- acre Port Crossing Industrial Park site
(upon full build-out the site will house approximately four million square feet of distribution and
warehouse facilities), located along McCabe Road and State Highway 146 in La Porte, Texas
77571, on a tract ofland more particularly described in Exhibit A hereto,
3. Company desires to participate in the foreign trade zones program, and that an application be
filed to the Foreign Trade Zone's Board to create an Expansion of the Houston Foreign Trade
Zone No. 84 to include the property encompassing the Facility into the Zone;
4. A letter of non-objection from the City will aid in the efforts to obtain this modification from the
Foreign Trade Zone Board;
5. 19 U.S.C. ~ 810(e) provides a federal exemption from state and local ad valorem taxes on
tangible personal property imported from outside the United States, and held in a foreign trade
zone for the purpose of storage, sale, exhibition, repackaging, assembly, distribution, sorting,
grading, cleaning, mixing, display, manufacturing or processing and tangible personal property
produced in the United States and held in a foreign trade zone for exportation, either in its
original form or as altered by any of the above processes;
6. Inventory qualifying under 19 U.S.C. ~ 810(e) and held at the Facility in foreign trade zone space
that is activated by U.S. Customs pursuant to 19 C.F.R. ~146 is exempt from state and local ad
valorem taxes; and
7. Company and the City desire that the foreign trade zone designation cause no financial hann or
net loss of revenue to the City Taxing Jurisdictions;
NOW, THEREFORE, in consideration of the mutual promises expressed in this Agreement, the parties
agree as follows.
B. Definitions
When used herein, the listed words have the following meanings:
1. "City" means the City of La Porte, Texas, and does not include any other entities that may levy
taxes on the Complex including, but not limited to, cities, utility districts and/or school districts.
2. "Complex" means the site described in Exhibit A attached hereto and all improvements thereon.
3. "FTZ Inventory" means any inventory held in the Complex that would qualify for the 19 V.S.C.
~81o(e) federal exemption for certain foreign trade zone inventory that would otherwise be
taxable by the City Taxing Jurisdictions pursuant to Chapter 11, TEX. PROPERTY TAX CODE.
4. "Pavrnent" means the amount equal to the property taxes on FTZ Inventory that a User would
owe the City Taxing Jurisdiction in accordance with the provisions of Chapter 31, TEX.
PROPERTY TAX CODE, if the 19 U.S.C.~810(e) exemptions is not applied.
C. Obligations
1. Company agrees to the following with respect to FTZ Inventory owned by Company:
a) Company waives the federal exemption provided in 19 V.S.C. 98lo(e) with respect to ad
valorem taxes payable to the City for FTZ Inventory owned by Company and located at the
Complex, to the extent of 75% of the City's ad valorem tax rate, thereby claiming the Federal
exemption at the rate of 25%, and will actually pay to the City 75% of the otherwise total ad
valorem tax liability, on FTZ Inventory owned by the company. Company further agrees not
to not raise the aforementioned exemption as a basis for protesting the appraisal of any FTZ
Inventory owned by Company.
b) On January 1st and September 1st of each year (the valuation date(s) for taxation purposes
pursuant to TEX. TAX CODE SECTIONS 23.01 and 23.12(f)), Company will use reasonable
efforts to identify and designate in a clearly identifiable manner any FTZ Inventory owned by
it and held in an activated foreign trade zone space at the Complex.
c) If the Texas Legislature alters the valuation date(s) for taxation purposes in the future, the
inventory restriction outlined above will apply only to the new valuation date(s) as
established under Texas law.
d) Company will do the following:
I) Render information related to FTZ Inventory owned by it and located at the Complex
as required by the TEXAS PROPERTY TAX CODE to Harris County Appraisal District
("HCAD"), without regard to and without identifying FTZ Inventory as subject to or
eligible for the federal exemption in 19 U.S.C. ~810(e), and provide a copy to the
City.
2) On or before December 1st of each year, during the term of this Agreement (and/or
August I st in cases where Company has elected a September I st valuation date for
taxation purposes pursuant to TEX. TAX CODE SECTION 23.12(f)), Company agrees to
certify to the City that it will claim the exemption in 19 V.S.C. ~8lo(e) as it relates to
the FTZ Inventory owned by Company, if any, with respect to ad valorem taxes
payable to the City on such FTZ Inventory, only at the percentage rate agreed to
under Paragraph C of this agreement.
2. Immediately upon execution of this Agreement, the City shall issue a letter of non-objection in
substantially the form attached as Exhibit B, which is to be filed as part of the Company's
Application to Expand Foreign Trade Zone No. 84 to encompass the Complex
3. Company agrees that this Agreement is necessary for the Expansion of the Foreign Trade Zone
No. 84 to include the Complex, and such Expansion is in the best interest of the community.
Therefore, a violation by Company of this Agreement or a determination of its invalidity would
justify a reversal of such Expansion.
D. Miscellaneous Provisions
1. Governing Law. This Agreement will be interpreted under the laws of the State of Texas.
2. Binding Effect. This Agreement shall extend to and be binding upon and inure to the benefit of
the parties hereto, and their respective legal representatives, successors and assigns. It is agreed
that City Taxing Jurisdiction is a beneficiary of this Agreement and shall be entitled to enforce its
terms and seek damages for its breach.
3. Entire Agreement. This Agreement supersedes any prior understanding or oral agreements
between the parties with respect to the subject matter hereof and constitutes the entire
understanding and agreement between the parties with respect to the subject matter hereof, and
there are no agreements, understandings, restrictions, representations or warranties among the
parties with respect to the subject matter hereof other than those set forth herein or provided for
herein.
4. Agreement Does Not Affect Other Rights. Obligations or Agreements. This Agreement does not
supersede, modify or affect any other agreement that has been or may be entered into between
Company and any other taxing jurisdiction or any other person or entity.
5. Modification of Agreement. This Agreement may be modified only by written consent of all
parties.
6. Further Assurances. The parties covenant and agree that they will execute such other and further
documents as are or may become necessary or convenient to effectuate and carry out the purpose
of this Agreement, including specifically all payment in lieu of tax. agreements sought by Users.
7. Severability. To the extent permitted by law, a holding by any court that any part or any
provision in this Agreement is invalid, illegal or unenforceable in any respect, shall not affect any
other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable
provision had never been a part ofthe Agreement.
8. Notices. Any notice permitted or required to be given must be in writing delivered in person or
by certified U.S. Mail, return receipt requested, to the applicable party addressed as follows:
ML Realty Partners LLC, a General Partner of Port Crossing Land, L.P.
Mr. Ron Carey
Regional Vice President, Port Crossing Land, L.P.
14131 Midway Road, Suite 530
Addison, Texas 75001
City of La Porte, Texas
604 W. Fairmont
La Porte, Texas 77571
Attention: City Manager
9. Term of Agreement. This Agreement shall terminate upon the revocation or termination of the
grant of foreign trade zone status by the Foreign Trade Zone Board with regard to the Facility.
10. Counterparts. This Agreement may be executed in multiple identical counterparts and when
taken together shall constitute one and the same instrument. A facsimile or similar transmission of
a counterpart signed by a party hereto or a copy of a counterpart signed by a party hereto will be
regarded as an original signed by such party for purposes hereof.
EXHIBIT A
Legal Description for 277.6 acres
National Property Holding. L.P.
Tract I
9.132 Acres
J. Hunter Survey
Abstract No. 35
G. McKinstry Survey
Abstract No. 47
STATE OF TEXAS
COUNTY OF HARRIS
~
~
A METES & BOUNDS description ot a certain 9.132 acre tract located in the J. Hunter Survey,
Abstract No. 35, and the G. McKinstry Survey Abstract No. 47 in Harris County, Texas, being all
of a called 9.125 acre tract (Tract I) as described in Special Warranty Deed recorded in Clerk's
File No. Z040696 ot the Harris County Official Public Records of Real Property. said 9.132 acre
tract being more particularly described as tollows with all bearing being based on the Texas
State Plane Coordinate System, South Central Zone, NAD83;
BEGINNING at a found 1/2-inch Iron rod in the west rlght-ot-way of Powell Road (60 feet wide),
being the southeast corner of Reserve "N of Bayou City Industrial Park, plat of which is
recorded in Film Code No. 424032 of the Harris County Map Records;
THENCE, South 03000'40" East, 440.03 feet along the said west right-of.way, being common
with the east line of said 9.125 acre tract to a set 314-inch iron rod (with cap stamped "Cotton
Surveying") marking the northeast comer of Reserve "A" of Boncosky Trucking Terminal, plat of
which is recorded in Film Code No. 409104 of the Harris County Map Records, from which a
found 5/B-inch iron rod with cap stamped .Windrose" bears North 62029'16" East, 0.18 feet;
THENCE, South 86052'38" West. 918.19 feet along the north line of said Boncosky Trucking
Terminal Plat, being common with the south line of said 9.125 acre tract, to a set 314-lnch iron
rod (with cap stamped "Cotton Surveying") in the east right-of-way of Southem Pacific Rail Road
(100 feet wide) as recorded in Volume 964 Page 86 of the Harris County Deed Records;
THENCE, North 03"04'56" West, 420.41 feet along the east right-of-way of said Southern
Pacific Rail Road being common with the west line of said 9.125 acre tract to a found 518-inch
iron rod with cap stamped "Windrose". being in the south line of a called 18.92835 acre tract
described in Warranty Deed recorded in Clerk's File No. P602356 of the Harris County Official
Public Records of Real Property;
THENCE, along the south line of the said 18.92835 acre tract. being common with the north line
of said 9.125 acre tract. the following two (2) courses and distances:
1. North 86054'04" East, 326.67 feet to a set314-inch iron rod (with cap stamped "Cotton
Surveying");
2. North 03"02'10. West, 20.00 feet to a set 314-inch iron rod (with cap stamped "Cotton
Surveying");
THENCE, North 86"54'04" East, 592.05 feet along the south line of the aforementioned Reserve
"A" of Bayou City Industrial Park to the POINT OF BEGINNING, CONTAINING 9.132 acres of
land in Harris County, Texas as shown on Drawing No 6157 in the offices of Cotton S
Company in Houston, Texas,
I:'SurvProjecls\240()'2499 CLIENT\2472- "Iahor,,~1 Properly Holdingsl()!)2\9.132 AC.doc
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
STATE OF TEXAS
COUNTY OF HARRIS
~
~
A METES & BOUNDS description of a certain 277.6 acre tract located in the J. Hunter Survey,
Abstract No. 35. the W.P. Harris Survey Abstract No. 30, and the G. McKinstry Survey, Abstract
No. 47 in Harris County, Texas, being all of a called 155.438 acre tract (Tract I), and a 13.9769
acre tract (Tract /I) as described in Special Warranty Deed recorded in Clerk's File No. Z103337
of the Harris County Official Public Record of Real Property, all of a called 30.247 acre tract
(Tract II) as described In Special Warranty Deed recorded in Clerk's File No. Z040696 of the
Harris County Official Public Records of Real Property, all of a called 20.0007 acre tract as
described in Special Warranty Deed recorded in Clerk's File No. Z103333 of the Harris County
Official Public Records of Real Property, all of a called 13.3831 acre tract (Tract I), and 1.1249
acre tract (Tract /I) as described In General Warranty Deed recorded in Clerk's File No.
Z027789, all of a called 22.6541 acre tract as described in Special Warranty Deed recorded In
Clerk's File No. Z040695 of the Harris County Official Public Records of Real Property, all of a .
called 18.7192 acre tract (Tract 1/), and a called 1.091 acre tract (Tract 1/1) as described In
Special Warranty Deed recorded In Clerk's File No. Z040699 of the Harris County Official Public
Records of Real Property, and all of a called 8.000 acre tract described in Warranty Deed with
Vendor's Lien Retained recorded in Clerk's File No. Y117619 of the Harris County Official Public
Records of Real Property, said 277.6 acre tract being more particularly described as follows
with all bearing being based on the Texas State Plane Coordinate System, South Central Zone,
NAD83;
BEGINNING at a found 5/B-inch iron rod with cap stamped "Wlndrose 4757" marking the
northwest comer of the said 30.247 acre trac~ being In the east right-of-way of Powell Road (60
feet wide), being in the south line of a called 13.000 acre tract described in Warranty Deed
recorded in Clerk's File No. G716283 of the Harris County Official Public Records of Real
Property, from which a found 2-inch iron pipe (bent) bears North 33047'40" West, 1.08 feet;
THENCE, North 86054'30" East, 765.75 feet along the south line of the said 13.000 acre tract,
being common with the north line of the said 30.247 acre tract to a set 3/4-inch iron rod (with
cap stamped .Cotton Surveying") marking the southwest corner of the said 13.9769 acre tract,
being the southeast comer of the said 13.000 acre tract;
THENCE, North 03001 '39" West, 739.75 feet along the east line of the said 13.000 acre tract,
being common with the west line of the said 13.9769 acre tract to a set 3/4-inch iron rod (with
cap stamped .Cotton Surveyin9") marking the northwest comer of the said 13.9769 acre tract,
being the northeast corner of the said 13.000 acre tract, beIng In the south right-of-way of West
M Street (60 feet wide);
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 86053'37" East, 822.82 feet along the north line of the said 13.9769 acre tract,
being common with the south right-of-way of said West M Street, to a found 1-lnch iron pipe
marking the northeast corner of the said 13.9769 acre tract, being in the west right-of-way of
Texas State Highway 146 (width varies);
THENCE, South 03002'41" East, along the west right-of-way of said Texas State Highway 146,
being common with the east line of said 13.976 acre tract, passing at 739.96 feet (Left 0.19'
feet) a found 1-lnch iron pipe, continuing along said west right-of-way, being common with the
aforementioned 30.247 acre tract in all a total distance of 1419.79 feet to a found Texas
Department of Transportation Concrete Monument marking an angle point In the said west right-
of-way;
THENCE, North 87025'54" East, 16.38 feet along the said west right-of-way, being common with
the east line of said 30.247 acre tract to a found 1/2-lnch iron rod;
THENCE, South 03001'50" East, along the said west right-of-way, being common with the east
line of said 30.247 acre tract, passing at 144.97 feet a found S/8-inch iron rod, continuing along
the said west right-of-way being common with the aforementioned 155.438 acre tract in all a
total distance of 2071.55 feet to a found Texas Department of Transportation Concrete
Monument marking the beginning of a curve to the right;
THENCE, along the said common line, following the arc of said curve to the right having a
radius of 5559.27 feet, an arc length of 2269.00 feet, a central angle of 23023'06", and a long
chord bearing South 08039'43" West, 2253.28 feet to a found Texas Department of
Transportation Concrete Monument;
THENCE, South 20024'49" West, 868.60 feet along the said common line to a found Texas
Department of Transportation Concrete Monument marking the southeast corner of the
aforementioned 155.438 acre tract, being in the north right-of-way of McCabe Road (60 feet
wide);
THENCE, South 86001'43" West, along the said north right-of-way, being common with the
south line of said 155.438 acre tract, passing at 245.15 feet a found 5/8-inch iron rod with cap
stamped "Texas Land Surveying", passing at 305.41 feet a found SIB-inch iron rod, continuing
along the said north right-of-way being common with the aforementioned 20.0007 acre tract in
all a total distance of 865.44 feet to a found SIB-inch iron rod marking the southeast corner of a
called 5.000 acre tract described in Special Warranty Deed recorded in Clerk's File No.
U496686 of the Harris County Official Public Records of Real Property, also being the southem
most southwest corner of the said 155.438 acre tract; ,
2
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 03.00'47" West, 440.97 feet along the east line of said 5.000 acre tract. being
common with a west line of the 155.438 acre tract to a set 3/4-inch Iron rod (with cap stamped
"Cotton Surveying") marking the northeast corner of said 5.000 acre tract;
THENCE, South 86001'15" West, 551.67 feet along the north /lne of said 5.000 acre tract, to a
point for comer in the centerline of Powell Road (called 60' wide);
THENCE, North 10008'30" West, 53_38 feet along the centerline of said Powell Road. to a set
PK Nail in asphalt;
THENCE, South 79051'39" West, 29.79 feet to a set 3/4-inch iron rod (with cap stamped "Cotton
Surveying") in the east right-of-way of a Southem Pacific Rail Road (100 feet wide) as recorded
in Volume 964 Page 86 of the Harris County Deed Records;
THENCE, along the east right of way of said Southern Pacific Rail Road, the following three (3)
courses and distances:
1. North 10008'21" West, 2116.04 feet to a set 3/4-inch iron rod (with cap stamped "Cotton
Surveying") marking the beginning of a curve to the right;
2. Along the arc of said curve to the right having a radius of 8544.38 feet, an arc length of
1056.32 feet, a central angle of 07005'00", and a long chord bearing North 06035'50"
West, 1055.65 feet, to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying");
3. North 03003'21" West, 1006.37 feet to a found S/8-inch iron rod marking the southwest
corner of Restricted Reserve "A" of Boncosky Trucking Terminal, plat of which is
recorded in Film Code No. 409104 of the Harris County Map Records, from which a
found 3/4-inch iron rod bears. North 11052'20" East, 0.09 feet;
THENCE, North 86052'38" East, 417.69 feet along the south line of said Restricted Reserve "A"
to a set 314-inch iron rod (with cap stamped .Cotton Surveying") marking the northwest corner of
Proposed Port Crossing Section 1;
THENCE, South 03000'40" East, 1075.00 feet along the west line of said Port CrossIng Section
1 to a set 3/4-lnch iron rod (with cap stamped .Colton Surveying") marking the southwest corner
of said Port Crossing Section 1;
3
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 86056'24" East. 559.71 feet along the south line of Port Crossing Section 1.
across said Powell Road. to a set SIB-inch iron rod in the east right-of-way of Powell Road being
In the west line of the aforementioned 155.438 acre tract;
THENCE, North 03000'36" West. 2200.62 feet along the east right-of-way of Powell Road. being
common with the west line of said 155.438 acre tract and the aforementioned 30.247 acre tract
to the POINT OF BEGINNING. CONTAINING 2n.6 acres of land in Harris County, Texas.
1:\SurvProjecls\240o-2499 ClIENT\2472 . National Property Hokllnge\OO2\2n.6 AC.doc
4
Legal Description for 12.3424 acres
r~~u'fnl$ ....,O}: Ii 1~.3424. .acrel537,G31..$q~t.f"tl.. ..'~r:lct
<)f.'ludQUt .01 the . d'ohMon:Hu.At~f.' .'.SUl:V.YiAb.t.'~act. .'5,. .Cl~y
otLai>ortei Ji,rr11. count:y,.-rexaacl.s.ld 12.3424 acre tract
.ofl...d'l)e~gaoA tUll.y <1.BCz:l~ b,..t.$ andbouna8. ..
t~;J;~.;:
..' "Itfl'" i;rOflJt(I(:lfo~.at _'t..... $OUthIQt..
.. '.t:.............. ..... ....J:VeA~.~ .' .l1l1.t~........
. recorded.tnrU.acC .' ..' .. . ... . 0., ....~. ....Re
tounty,'ouI,aB6b6lftv' thew&str'!fht-o!...ltne
of~ll.\StH!.t (foJ:1Hrlyknown' as 16tnSt:r..t.>$ 6Gfoot
wi_... .Publ1(\iJ:'~<bray; forth. no~"'st corner .ofthf:.
,. fl
~t))()u~ry<>f . .
..'~.~GetJ~oa.sliO
. '<>f ..th1.t'l'.etl' . '
fllD(:1 South860S9t2'''''.atliHVi.nqth.wut~d.g1ttof:way
.l.ineof sald Powell Strt".t,adlstaneeQfSOO ~OOf_t to,.
518!nch lronrad setfel't:Mlouthwtlt C6fM.eof tbis
t:li"aotl
".'.t, . pa.!'al;'l.e:,. .to .' 1:heweat b()~t'y
~i"t...j~i50Q.'OO... .teetdl~tMt..tberetr_
t. ..,~~....tb.re~f' .Il .d.lsean<:eof .]rfO'l$.~OO
. ....... ..................tnQb trOll ..:tOd....ton .thesou'th])ouna*tyO!F'
tmr..lbov.'.nt;i.oneae,trtcted.ae.ern.A'Boncosty -nt'uct1n;
'l'.oURI.l,tOli.tht nortl)Hstcoxnerof this trac1='; . . .
'<IJ~t.h..hO\mdjQ".of
"9 "".1'I1lnal' . .....~
'.SCflltiKG "I,M
EXHIBIT B
_,2007
Mr. Jack L. Beasley
Foreign Trade Zone Manager
Port of Houston" Authority
P.O. Box 2562
Houston, TX 77252-2562
Re: Application by Port Crossing Land, L.P. for an Expansion of Foreign-Trade Zone No. 84 to
include warehouse facilities within Port Crossing Industrial Park located along McCabe Road and
State Highway 146 in La Porte, Texas 77571.
Dear Mr. Beasley:
The City of La Porte has received a notification from Port Crossing Land, L.P. of its desire to create a
Foreign Trade Zone ("FfZ") at their property within the Port Crossing Industrial Park for General
Purpose warehouse and distribution activities. The proposed Zone site is located along McCabe Road
and State Highway 146 in La Porte, Texas 77571 on a tract ofland more particularly described in Exhibit
A-I hereto.
The City of La Porte has no objection to the Expansion of the FfZ as described above, as the City and
applicant have reached a separate agreement regarding applicant's local obligations for payment of taxes
on inventory.
If you have any questions or comments, please contact
atL->_-_.
Sincerely,
Alton E. Porter
Mayor, City of La Porte
EXECUTED on the dates set forth below, but effective as of the last date executed by all the Parties.
PORT CROSSING LAND, LP
By: Port Crossing Land GP, LLC
General Partner
By: ML Realty Partners LLC,
Co-Manager
Date: tJ~- \ ') - 01
CITY OF LA PORTE, TEXAS
By:
Date:
APPROVED AS TO FORM
CITY ATIORNEY
By: ~T~_~ ~r
Knox Askins, City Attorney /
Date:
s--- .:l 4' L 07
City of La Porte
604 West Fairmont Parkway
La Porte, Texas 77571
June 5, 2007
Mr. Jack L. Beasley
Foreign Trade Zone Manager
Port of Houston Authority
P.O. Box 2562
Houston, TX 77252-2562
F(~Ci2 .
IVI.:O
JUN 0 i
c,.,.... ~ 20011
~s......
ce"'~)r.s
Re: Application by Port Crossing Land, L.P. for an Expansion of Foreign-Trade
Zone No. 84 to include warehouse facilities within Port Crossing Industrial Park
located along McCabe Road and State Highway 146 in La Porte, Texas 77571
Dear Mr. Beasley:
The City of La Porte has received a notification from Port Crossing Land, L.P. of its
desire to create a Foreign Trade Zone ("FTZ") at their property within the Port Crossing
Industrial Park for General Purpose warehouse and distribution activities. The proposed
Zone site is located along McCabe Road and State Highway 146 in La Porte, Texas
77571 on a tract of land more particularly described in Exhibit A-1 hereto.
The City of La Porte has no objection to the Expansion of the FTZ as described above,
as the City and applicant have reached a separate agreement regarding applicant's
local obligations for payment of taxes on inventory.
If you have any questions or comments please contact me at (281) 470-5012.
JJ/gb
EXHIBIT A -1.
Legal Description for 277.6 acres
National Property Holding, L.P,
Tract I
9 132 Acres
J, Hunter Survey
Abstract No, 35
G. McKinstry Survey
Abstract No. 47
STATE OF TEXAS
s
s
COUNTY OF HARRIS
A METES & BOUNDS description of a certain 9.,132 acre tract Jocatedin the J. Hunter Survey,
Abstract No. 35. and the G. McKinstry Survey Abstract No. 47 in Harris County, Texas, being all
ofa called 9. 125 acre tract(T ract ~) as described in Special Warranty Deed recorded in Clerk's
File No, Z040696 of the Harris County Official Public Records of Real Property. said 9.132 acre
tract being more particularly described as follows with all bearing being based on the Texas
State Plane Coordinate System, South Central Zone, NAD83;
BEGINNING at a found 1/2-inch iron rod in the west right-of-way of Powell Road {60 feet wide),
being the southeast comer of Reserve "A" of Bayou City Industrial Park, plat of which is
recorded in Film Code No. 424032 at the Harris County Map Records;
THENCE, South 03"00'40" East, 440.03 feet along the said west right-of-way. being common
with the east line of said 9.125 acre tract to a set 3/4-lnchiron rod (with cap stamped "Cotton
Surveying") marking the norfheastcomer of Reserve "A" of Boncosky Trucking Tennina!, plat of
which is recorded in Film Code No. 409104 of the Harris County Map Records, from which a
found SIB-inch iron rod with cap stamped 'Windrose" bears North 62"29'16" East, 0,18 feet;
THENCE, South 86052'38" West, 918.19 feet along the north line of said BOl"lcosky Trucking
Tenninal Plat, being common witil the south line of said 9.125 acre tract, to a set 3!4--inchil'on
rod (with cap stamped "Cotton Surveying") in the east right-of~way of Southern Pacific Rail :Road
(100. feet wide) as recorded in Volume 964 Page 86 of the Hartis County Deed Records;
THENCE, North 03"04'56" West, 420.41 feet along the east right-at-way of said Southern
Pacific Rail Road being common with the west line of said 9.125 acre tract to a found 5/8-inch
iron rod with cap stamped "Winclrose", being in the south line at a called 18,92835 acre tract
described in Warranty Deed recorded in Clerk's File No, P6o.2356 of the Harris County Official
Public Records of Real Property;
THENCE, along the south line of the said 18.92835 acre tract, being common with the north line
of said 9,125 acre tract, the following two (2) courses and distances:
1, North 86"54'04" East. 326,67 feet to a set 3!4-inch iron rod (with cap stamped .Cotton
Surveying~);
2. Northo.3"02'1{)" West, 20..00 feet to a set 3/4-inch iron rod (with cap stamped .Cotton
Surveying");
THENCE, North 86"54'04" East, 592.0.5 feet along the south line of the aforementioned Reserve
"A" of Bayou City Industrial Park to the POINT OF BEGINNING, CONTAINING 9.132 acres of
land in Harris County, Texas as shown on Drawing No 6157 in the offices of Cotton S
Company in Houston, Texas.
r"swv?rojec~524DCl...24?~1 CLlEhiT',2ii2,~ 1'.i3iicJn~~ ;:--'rOflo?rty ;iC'Il:i"19~'DJ2"'9 12.2 LC.OL'C
National Property Holdings, LP.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
STATE OF TEXAS
9
S
COUNTY OF HARRIS
A METES & BOUNDS description of a certain 277.6 acre tract located in the J. Hunter Survey,
Abstract No, 35, the W.P. Harris Survey Abstract No. 3D, and the G. MCKinstry Survey, Abstract
No_ 47 in Harris County, Texas, being aU of a called 155.438 acre tract (Tract I), and a 13.9769
acre tract (Tract H) as described in Special Warranty Deed recorded in Clerk's File No. Z103337
of the Harris County Official Public Record of Real Property, all of a called 30.247 acre tract
(Tract 11) as described in Special Warranty Deed recorded in Clerk's File No. Z040696 of the
Harris County Official Public Records of Real Property, all of a called 20.0007 acre tract as
described in Special Warranty Deed recorded in Clerk's File No. Z103333 of the Harris County
OffICial Public Records of Real Property, all ofa called 13.3831 acre tract (Tract I), alfd 1.1249
acre tract (Tract II) as described in General Warranty Deed recorded in Clerk's File No.
Z027789, all of a called 22.6541 acre tract as described in Special Warranty Deed recorded in
Clerk's File No. Z040695 of the Harris County Official Public Records of Real Property, all of a
called 18.7192 acre tract (Tract ll), and a called 1.091 acre tract (TractIH) as described in
Special Warranty Deed recorded in Clerk's File No. Z040699 of the Harris County Official Public
Records of Real Property. and all of a called 8.000 aore tract described in Warranty Deed with
Vendor's Lien Retained recorded in Clerk's File No. Y117619 of the Harris County Official Public
Records of Real Property, said 277.6 acre tract being more particularly described as follows
with all bearilfg being based on the Texas State Plane Coordinate System, South Central Zone,
NAD83;
BEGINNING ata found 5f8-inch iron rod with cap stamped Windrose 47ST' marking the
northwest corner of the said 30.247 acre tract, being in the east right-af-way of Powell Road (60
feet wide), being in the south line of acaHed 13.000 acre tract described in Warranty Deed
recorded in Clerk's File No. 8716283 of the Harris County Official Public Records of Real
Property, from which a found 2-inchiron pipe {bent) bears North 33047'40" West, 1.08 feet;
THENCE, North 86"54'30" East, 765.75 feet along the south line of the said 13.000 acre tract.
being common with the north line of the said 30.247 acre tract to a set 3/4-inch iron rod (with
cap stamped "Cotton Surveying") marking the southwest comer of the said 13.9769 acre tract,
being the southeast comer of the said 13.000 acre tract;
THENCE, North 03"01"39" West, 739.75 feet along the east line of the said 13,000 acre tract,
being common ,"lith the west line of the said 13.9769 acre tract to a set 3/4-inch iron rod {with
cap stamped "Cotton Surveying") marking the northwest corner of the said 13.9769 acre tract,
being the northeast corner of the said 13.000 acre tract, being in the south right-of-way of West
M Street (50 feet wide);
National Property Holdings, L.P,
Tract I
277,6 Acres
J. Hunter Survey
Abstract No, 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 86053'37" East, 822.82 feet along the north line of the said 13.9769 acre tract,
being common with the south right-of-way of said West M Street, to a found 1-inch iron pipe
marking the northeast corner of the said 13.9769 acre tract, being in the west right-of-way of
Texas State Highway 146 (width varies);
THENCE, South 03002'41" East, along the west right-of-way of said Texas State Highway 146,
being common with the east line of said 13.976 acre tract, passing at 739,96 feet (Left 0.19'
feet) a found 1-inch iron pipe, continuing along said west right-of-way, being common \'tIith the
aforementioned 30.247 acre tract in aU a total distance of 1419.79 feet to a found Texas
Department of Transportation Concrete Monument marking an angle point in the said west right-
of-way;
THENCE, North Sr2S'54" East, 16.38 feet along the said west right-of-way, being common with
the east line of said 30.247 acre tract to a round 1/2..,inCh iron rod;
THENCE, South 03.01'50" East, along the said west right-of-way. being common Vl.'ith the east
line of said 30.247 acre tract, passing at 144.97 feet a found 5/8-inchiron rod, continuing along
the said west right-of-way being common with the aforementioned 155-438 acre tract in all a
total drstanceof 2071.55 feet to a found Texas Department of Transportation Concrete
Monument marking the beginning ofa curve to the right;
THENCE, along the said common line, following the arc of said curve to the right having a
radius of 5559.27 feet, an arc length of 2269.00 feet, a central angle of 23~23'06., and along
chord bearing South 08039'430 West, 225328 feet to a found Texas Department of
Transportation COl1Crete Monument;
THENCE, South 20024'49" West, 868.60 feet along the said common line to a found Texas
Department of Transportation Concrete Monument marking the southeast corner of the
aforementioned 155.438 acre tract, being in the nor"J1 right-of-way of McCabe Road (60 feet
wide);
THENCE, South 86001'43" West, along the said north right-of-way, being common with the
south line of said 155.438 acre tract, passing at 245,15 feet a found 5/B-inch iron rod with cap
stamped "Texas Land Surveying", passing at 305.41 feet a found 5/~inch iron rod, continuing
along the said north right-of-way being common with the aforementioned 20_0007 acre tract in
all a total distance of 865.44 feet to a found 5/~inchiron rod marking the southeast comer of a
called 5.000 acre tract described in Special Warranty Deed recorded in Clerk's File No,
U496686 of the Harris County Official Public Records of Real Property. also being the southern
most southwest comer of the said 155.438 acre tract;
L
National Property Holdings, LP_
Tract I
277.6 Acres
J, Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 03"00'47" West, 440_97 feet along the east line of said 5.000 acre tract, being
common with a west line of the 155.438 acre tract toa set 3!4-inc:h iron rod (with cap stamped
"Cotton Surveying") marking the northeast comer of said 5,000 acre tract;
THENCE, South 86001'15" West, 551.67 feet along the north line of said 5.000 acre tract, to a
point for comer in the centerline of Powell Road (called 60' wide);
THENCE, North 10"OS'30" West, 53.38 feet along the centerline of said Powell Road, to a set
PK Nail in asphalt;
THENCE, South 79051'39" West, 29.79 feet to a set 3/4-inch iron rod {with cap stamped "Cotton
Surveying") in the east right-of-way of a Southem Pacific Rail Road (100 feet wide) as recorded
in Volume 964 Page 86 of the Harris County Deed Records;
THENCE, along the east right of way of said Southern Pacific Rail Road, the following three (3)
courses and distances:
1_ North 10008'21" West, 2116.04 feet to a set 3/4-inch iron rod {with cap stamped "Cotton
Surveying") marking the beginning of a curve to fue right;
2. Along the arc of said curve to the right having a Tadius of 8544.38 feet, an arclength of
1056,32 feet, a central angle of 07"05'00", and along chord bearing North 06035'50"
West, 1055.65 feet, to a set 3/4-inchiron rod (with cap stamped "Cotton Surveying-);
3. North 03003'21" West, 1006.37 feet to a found SIB-inch iron rod marking the southwest
. comer of Restricted Reserve "A" of Boncosky Trucking Temiinal, plat of which is
recorded in Film Code No. 409104 of the Harris County Map Records, from which a
found 3!4-inch iron rod bears, North 11052'20" East. 0.09 feet:
THENCE, North 86"52'38" East, 417.69 feet along the south line of said Restricted Reserve "A"
to a set3/4~jnch iron rod (with cap stamped "Cotton Surveying") marking the northwest comer of
Proposed Port Crossing Section 1;
THENCE, South 03000'40" East, 1075.00 feet along the west line of said Port Crossing Section
1 to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying") marking the southwest corner
of said Port Grossing Section 1;
3
National Property Holdings. LP.
Tract 1
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 86056'24" East, 559,71 feet along the south line of Port Crossing Section 1,
across said Powell Road, to a set 5/8-inc:h iron rod in the east right-of-way of Powell Road being
in the west line of the aforementioned 155.438 acre tract;
THENCE, North 03"00'36" West, 2200.62 feet along the east right-of-way of Powell Road, being
common with the west line of said 155.438 acre tract and the aforementioned 30,247 acre tract
to the POINT OF BEGINNING, CONTAINING 277.6 acres of land in Harris County, Texas.
tlSurvProjects\24D0-2499 CLlENT\2472. National Property HoIdings\002\277_6 AC,doc
4.
Leg:al Description for 12.3424 acres
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FOREIGN TRADE ZONE AGREEMENT FOR THE PAYMENT OF AD V ALOR,EM TAXES
BETWEEN THE CITY OF LA PORTE, TEXAS
AND PORT CROSSING LAND, L.P.
THIS AGREEMENT (this "Agreement") is entered into by and between Port Crossing Land, L.P.
("Company") and City of La Porte, Texas ("City").
A. Recitals
1. The Port of Houston Authority is grantee of Foreign Trade Zone No. 84;
2. The Company is the owner and operator of the 289.94+/- acre Port Crossing Industrial Park site
(upon full build-out the site will house approximately four million square feet of distribution and
warehouse facilities), located along McCabe Road and State Highway 146 in La Porte, Texas
77571, on a tract ofland more particularly described in Exhibit A hereto,
3. Company desires to participate in the foreign trade zones program, and that an application be
filed to the Foreign Trade Zone's Board to create an Expansion of the Houston Foreign Trade
Zone No. 84 to include the property encompassing the Facility into the Zone;
4. A letter of non-objection from the City will aid in the efforts to obtain this modification from the
Foreign Trade Zone Board;
5. 19 U.S.C. g 810(e) provides a federal exemption from state and local ad valorem taxes on
tangible personal property imported from outside the United States, and held in a foreign trade
zone for the purpose of storage, sale, exhibition, repackaging, assembly, distribution, sorting,
grading, cleaning, mixing, display, manufacturing or processing and tangible personal property
produced in the United States and held in a foreign trade zone for exportation, either in its
original form or as altered by any of the above processes;
6. Inventory qualifying under 19 U.S.C. S 810(e) and held at the Facility in foreign trade zone space
that is activated by U.S. Customs pursuant to 19 C.F.R. 9146 is exempt from state and local ad
valorem taxes; and
7. Company and the City desire that the foreign trade zone designation cause no financial hann or
net loss of revenue to the City Taxing Jurisdictions;
NOW, THEREFORE, in consideration of the mutual promises expressed in this Agreement, the parties
agree as follows.
B. DefInitions
'When used herein, the listed words have the following meanings:
1. "City" means the City of La Porte, Texas, and does not include any other entities that may levy
taxes on the Complex including, but not limited to, cities, utility districts and/or school districts.
2. "Complex" means the site described in Exhibit A attached hereto and all improvements thereon.
3. "FTZ Inventory" means any inventory held in the Complex that would qualify for the 19 U.S.c.
s810(e) federal exemption for certain foreign trade zone inventory that would otherwise be
taxable by the City Taxing Jurisdictions pursuant to Chapter 11, TEX. PROPERTY TAX CODE.
4. "Pavment" means the amount equal to the property taxes on FTZ Inventory that a User would
owe the City Taxing Jurisdiction in accordance with the provisions of Chapter 31, TEX.
PROPERTY TAX CODE, if the 19 U.S.C.s810(e) exemptions is not applied.
C. Obligations
1. Company agrees to the following with respect to FTZ Inventory owned by Company:
a) Company waives the federal exemption provided in 19 U.S.C. s810(e) with respect to ad
valorem taxes payable to the City for FTZ Inventory owned by Company and located at the
Complex, to the extent of75% of the City's ad valorem tax rate, thereby claiming the Federal
exemption at the rate of 25%, and will actually pay to the City 75% of the otherwise total ad
valorem tax liability, on FTZ Inventory owned by the company. Company further agrees not
to not raise the aforementioned exemption as a basis for protesting the appraisal of any FTZ
Inventory owned by Company.
b) On January 1 sl and September 1 SI of each year (the valuation date( s) for taxation purposes
pursuant to TEX. TAX CODE SECTIONS 23.01 and 23.12(f)), Company will use reasonable
efforts to identify and designate in a clearly identifiable manner any FTZ fuventory owned by
it and held in an activated foreign trade zone space at the Complex.
c) If the Texas Legislature alters the valuation date(s) for taxation purposes in the future, the
inventory restriction outlined above will apply only to the new valuation date(s) as
established under Texas law.
d) Company will do the following:
1) Render information related to FTZ Inventory owned by it and located at the Complex
as required by the TEXAS PROPERTY TAX CODE to Harris County Appraisal District
("HCAD"), without regard to and without identifying FTZ Inventory as subject to or
eligible for the federal exemption in 19 U.S.C. s810(e), and provide a copy to the
City.
2) On or before December 1 sl of each year, during the term of this Agreement (and/or
August 1 sl in cases where Company has elected a September 1 sl valuation date for
taxation purposes pursuant to TEX. TAX CODE SECTION 23.l2(f)), Company agrees to
certify to the City that it will claim the exemption in 19 U.S.C. s810(e) as it relates to
the FTZ Inventory owned by Company, if any, with respect to ad valorem taxes
payable to the City on such FTZ Inventory, only at the percentage rate agreed to
under Paragraph C of this agreement.
2. Immediately upon execution of this Agreement, the City shall issue a letter of non-objection in
substantially the form attached as Exhibit B, which is to be filed as part of the Company's
Application to Expand Foreign Trade Zone No. 84 to encompass the Complex
3. Company agrees that this Agreement is necessary for the Expansion of the Foreign Trade Zone
No. 84 to include the Complex, and such Expansion is in the best interest of the community.
Therefore, a violation by Company of this Agreement or a determination of its invalidity would
justify a reversal of such Expansion.
D. :Miscellaneous Pro"isions
1. GoverninQ: Law. This Agreement will be interpreted under the laws of the State of Texas.
2. Binding Effect. This Agreement shall extend to and be binding upon and inure to the benefit of
the parties hereto, and their respective legal representatives, successors and assigns. It is agreed
that City Taxing Jurisdiction is a beneficiary of this Agreement and shall be entitled to enforce its
terms and seek damages for its breach.
3. Entire A~eement. This Agreement supersedes any prior understa.ci.ding or oral agreements
between the parties with respect to the subject matter hereof and constitutes the entire
understanding and agreement between the parties with respect to the subj ect matter hereof, and
there are no agreements, understandings, restrictions, representations or warranties among the
parties with respect to the subject matter hereof other than those set forth herein or provided for
herein.
4. Agreement Does Not Affect Other RiQ:hts. Oblillations or Agreements. This Agreement does not
supersede, modify or affect any other agreement that has been or may be entered into between
Company and any other taxing jurisdiction or any other person or entity.
5. Modification of A~eement. This Agreement may be modified only by written consent of all
parties.
6. Further Assurances. The parties covenant and agree that they will execute such other and further
documents as are or may become necessary or convenient to effectuate and carry out the purpose
ofthis Agreement, including specifically all payment in lieu of tax agreements sought by Users.
7. Severability. To the extent permitted by law, a holding by any court that any part or any
provision in this Agreement is invalid, illegal or unenforceable in any respect, shall not affect any
other provision, and this Agreement shall be construed as if the invalid, illegal or unenforceable
provision had never been a part of the Agreement.
8. Notices. Any notice permitted or required to be given must be in writing delivered in person or
by certified U.S. Mail, return receipt requested, to the applicable party addressed as follows:
ML Realty Partners LLC, a General Partner of Port Crossing Land, L.P.
Mr. Ron Carey
Regional Vice President, Port Crossing Land, L.P.
14131 :Midway Road, Suite 530
Addison, Texas 75001
City of La Porte, Texas
604 W. Fairmont
La Porte, Texas 77571
Attention: City Manager
9. Term of Agreement. This Agreement shall terminate upon the revocation or termination of the
grant offoreign trade zone status by the Foreign Trade Zone Board with regard to the Facility.
10. Counterparts. This Agreement may be executed in multiple identical counterparts and when
taken together shall constitute one and the same instrument. A facsimile or similar transmission of
a counterpart signed by a party hereto or a copy of a counterpart signed by a party hereto will be
regarded as an original signed by such party for purposes hereof.
EXHIBIT A
Leila} Description for 277.6 acres
National Property Holding. L.P.
Tract I
9.132 Acres
J. Hunter Survey
Abstract No. 35
G. McKinstry Survey
Abstract No, 47
STATE OF TEXAS
COUNTY OF HARRIS
s
s
A METES & BOUNDS description of a certain 9,132 acre tract located in the J. Hunter Survey,
Abstract No. 35. and the G. McKinstry Sunrey Abstract No. 47 in Harris County, Texas, being all
of a called 9.125 acre tract (Tract I) as described in Special Warranty Deed recorded in Clerk's
File No. Z040696 of the Harris County Official Public Records of Real Property, said 9.132 acre
tract being more particularly described as follows with all bearing being bas.ed on the Texas
State Plane Coordinate System. South Central Zone, NAD83;
BEGINNING at a found 1/2-inch iron rod in the west right-of-way of Powell Road (60 feet wide).
being the southeast corner of Reserve "N of Bayou City Industrial Park, plat of which is
recorded in Film Code No. 424032 of the Harris County Map Records;
THENCE, South 03000'40" East, 440.03 feet along the said west right-at-way, being common
with the east line of said 9.125 acre tract to a set 3/4-inch iron rod (with cap stamped 'Cotton
Surveying") marking the northeast comer of Reserve "A" of Boncosky Trucking Terminal. plat of
which is recorded in Film Code No. 409104 of the Harris County Map Records, from which a
found 5/B-inch iron rod with cap stamped "Windrose" bears North 62029'16" East, 0.18 feet;
THENCE, South 86"52'38" West, 918.19 feet along the north line of said Boncosky Trucking
Tenninal Piat, being common with the south line of said 9.125 acre tract, to a set 3/4-inch iron
rod (with cap stamped "Cotton Surveying") in the east right-of-way of Southern Pacific Rail Road
(100 feet wide) as recorded in Volume 964 Page 86 of the Harris County Deed Records;
THENCE, North 03004'56" West, 420.41 feet along the east right-of-way of said Southem
Pacific Rail Road being common with the west line of said 9.125 acre tract to a found 518-inch
iron rod with cap stamped "Wind rose", being in the south line of a called 18.92835 acre tract
described in Warranty Deed recorded in Clerk's File No. P602356 of the Harris County Official
Public Records of Real Property;
THENCE, along the south line of the said 16,92835 acre tract, being common with the north line
of said 9.125 acre tract. the following two (2) courses and distances:
1. North 86.54'04" East, 326.67 feet 10 a set 3/4-inch iron rod (with cap stamped 'Cotton
Surveying");
2. North 03002'10. West, 20.00 feet to a set 3/4-inch iron rod (with cap stamped "Cotton
Surveying");
1:\Sur\fProjects\2400~2499 CLlENT\2472 - Naborlal Property Holdingsl()r)2'>-9 132 AC.doc
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
STATE OF TEXAS
s
s
COUNTY OF HARRIS
A METES & BOUNDS description of a certain 277.6 acre tract located in the J. Hunter Survey,
Abstract No. 35. the W.P. Harris Survey Abstract No. 3D, and the G. McKinstry Survey, Abstract
No. 47 in Harris County, Texas, being all of a called 155.438 acre tract (Tract I), and a 13.9769
acre tract (Tract II) as described in Special Warranty Deed recorded in Clerk's File No. Z103337
of the Harris County Official Public Record of Real Property, all of a called 30.247 acre tract
(Tract II) as described in Special Warranty Deed recorded in Clerk's File No. Z040696 of the
Harris County Official Public Records of Real Property, all of a called 20.0007 acre tract as
described in Special Warranty Deed recorded in Clerk's File No. Z103333 of the Harris County
Official Public Records of Real Property, all of a called 13.3831 acre tract (Tract I), and 1.1249
acre tract (Tract II) as described in General Warranty Deed recorded in Clerk's File No.
Z027789, all of a called 22.6541 acre tract as described in Special Warranty Deed recorded in
Clerk's File No. Z040695 of the Harris County Official Public Records of Real Property, all of a
called 18.7192 acre tract (Tract If), and a called 1.091 acre tract (Tract Ill) as described in
Special Warranty Deed recorded in Clerk's File No. Z040099 of the Harris County Official Public
Records of Real Property, and all of a called 8.000 acre tract described in Warranty Deed with
Vendor's Lien Retained recorded in Clerk's File No. Y1176190fthe Harris Cou nty Official Public
Records of Rear Property, said 277.6 acre tract being more particularly described as follows
with all bearing being based on the Texas State Plane Coordinate System, South Central Zone,
NAD83;
BEGINNING at a found SIB-inch iron rod with cap stamped 'Wind rose 4757" marking the
northwest comer of the said 30.247 acre trac;~ being in the east right-of-way of Powell Road (60
feet wide), being in the south line of a called 13.000 acre tra.ct described in Warranty Deed
recorded in Clerk's File No. G716283 of the Harris County Official Public Records of Real
Property, from which a found 2-inch iron pipe (bent) bears North 33047'40" West, 1.08 feet;
THENCE, North 86054'30. East, 765.75 feet along the south line of the said 13.000 acre tract,
being common with the north fine of the said 30.247 acre tract to a set 3/4-inch iron rod (with
cap stamped &Cotton Surveying") marking the southwest corner of the said 13.9769 acre tract,
being the southeast comer ofthe said 13.000 acre tract;
THENCE, North 03001'39" West, 739.75 feel along the east line of the said 13.000 acre tract,
being common with the west line of the said 13.9769 acre tract to a set 3/4-inch iron rod (with
cap stamped 'Cotton Surveying") marking the northwest comer of the said 13.9769 acre tract,
being the northeast comer of the said 13.000 acre tract, being in the south right-of-way of West
M Street (60 feet wide);
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No, 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North B6~53'37" East, 822.82 feet along the north line of the said 13.9769 acre tract,
being common with the south right-of-way of said West M Street, to a found 1-lnch iron pipe
marking the northeast comer of the said 13.9769 acre tract, being in the west right-of-way of
Texas State Highway 146 (width varies);
THENCE, South 03"02'41" East, along the west right-of-way of said Texas State Highway 146,
being common with the east line ot said 13.976 acre tract, passing at 739.96 feet (Left 0.19'
feet) a found 1-inch iron pipe, continuing along said west right-of-way, being common with the
aforementioned 30.247 acre tract in all a total distance of 1419,79 feet to a found Texas
Department of Transportation Concrete Monument marking an angle point in the said west right-
of-way;
THENCE, North 87"25'54" East, 16.38 feet along the said west right-of-way, being common with
the east line of said 30.247 acre tract to a found 1/2-inch iron rod;
THENCE, South 03"01 'son East, along the said west right-of-way, being common with the east
line of said 30.247 acre tract, passing at 144.97 feet a found 5/8-inch iron rod, continuing along
the said west right-of-way being common with the aforementioned 155.438 acre tract in all a
total distance of 2071.55 feet to a found Texas Department of Transportation Concrete
Monument marking the beginning of a curve to the right;
THENCE, along the said common line, following the arc of said ourve to the right having a
radius of 5559.27 feet, an arc length of 2269.00 feet, a central angle of 23"23'06", and a long
chord bearing South 08"39'43" West, 2253.28 feet to a found Texas Department of
Transportation Concrete Monument;
THENCE, South 20~24'49" West, 868.60 feet along the said common line to a found Texas
Department of Transportation Concrete Monument marking the sout'1east corner of the
aforementioned 155.438 acre tract, being in the north right-of-way of McCabe Road (60 feet
wide);
THENCE, South 86"01'43n West, along the said north right-ot-way, being common with the
south line of said 155.438 acre tract, passing at 245.15 feet a found S/8-inch iron rod with cap
stamped "Texas Land Surveying", passing at 305.41 feet a found SIB-inch iron rod, continuing
along the said north right-of-way being common with the aforementioned 20.0007 acre tract in
all a total distance of 86S.44 feet to a found S/8-inch iron rod marking the southeast corner of a
called 5.000 acre tract described in Special Warranty Deed recorded in Clerk's File No.
U496686 of the Harris County Official Public Records of Real Property, also being the southern
most southwest corner of the said 155.438 acre tract; ,
2
National Property Holdings, L.P.
Tract I
277.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No. 47
THENCE, North 03000'47" West, 440.97 feet along the east line of said 5.000 acre tract. being
common with a west line of the 155.438 acre tract to a set 3/4-inch iron rod (with cap stamped
"Cotton SurveyingW) marking the northeast corner of said 5.000 acre tract;
THENCE, South 86001'15" West, 551.67 feet along the north line of said 5.000 acre tract, to a
pointfor comer in the centerline of Powell Road (called 60' wide);
THENCE, North 10.08'30" West, 53.38 feet along the centerline of said Powell Road, to a set
PK Nail in asphalt;
THENCE, South 79051'39" West, 29.79 feet to a set 3/4-inch iron rod (with cap stamped "Cotton
Surveying") in the east right-of-way of a Southem Pacific Rail Road (100 feet wide) as recorded
in Volume 964 Page 86 of the Harris County Deed Records;
THENCE, along the east right of way of said South em Pacific Rail Road, the following three (3)
courses and distances:
1. North 10008'21" West, 2116.04 feet to a set 3/4-inch iron rod (with cap stamped "Cotton
Surveying") marking the beginning of a curve to the right;
2. Along the arc of said curve to the right haying a radius of 8544.38 feet, an arc length of
1056.32 feet, a central angle of 07"05'00", and a long chord bearing North 06035'50"
West. 1055,65 feet, to a set 3/4-inch iron rod (with cap stamped "Cotton Surveying");
3. North 03003'21" West, 1006.37 feet to a found Sl8-inch iron rod marking the southwest
corner of Restricted Reserve MA" of Boncosky Trucking Terminal, plat of which is
recorded in Film Code No. 409104 of the Harris County Map Records, from which a
found 3/4-inch iron rod bears. North 11052'20" East, 0.09 feet;
THENCE, North 86052'38ft East, 417.69 feet along the south line of said Restricted Reserve "An
to a set 314-inch iron rod (with cap stamped .Cotton Surveying") marking the northwest corner of
Proposed Port Crossing Section 1;
THENCE, South 03000'40" East, 1075.00 feet along the west line of said Port Crossing Section
1 to a set 3/4-inch iron rod (with cap stamped "Cotton SurveyingW) marking the southwest comer
of said Port Crossing Section 1;
3
National Property Holdings, L.P,
Tract I
2n.6 Acres
J. Hunter Survey
Abstract No. 35
W.P. Harris Survey
Abstract No. 30
G. McKinstry Survey
Abstract No, 47
THENCE, North 86056'24" East, 559,71 feet along the south line of Port Crossing Section 1,
across said Powell Road, to a set SIB-inch iron rod in the east right-of-way of Powell Road being
in the west line of the aforementioned 155.438 acre tract;
THENCE, North 03"00'36" West. 2200.62 feet along the east right-of-way of Powell Road, being
common with the west line of said 155.438 acre tract and the aforementioned 30.247 acre tract
to the POINT OF BEGINNING, CONTAINING 277.6 acres of land in Harris County, Texas.
1:'.survProjects\24DO-2499 CLIE!\'1i2472 . National Property HoldingsIOD2\277.6 AC.doc
4
Legal Description for 12.3424 acres
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iron rOO. setf,e!'.'e..ij;e'$OUth'Wt;ste;'fn~r of thls
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EXECUTED on the dates set forth below, but effective as ofthe last date executed by all the Parties.
PORT CROSSING LAND, LP
By: Port Crossing Land GP, LLC
General Partner
By: ML Realty Partners LLC,
Co-Manager
By12~o'
Ron\ arey Regional
Vice President
Date: ('J S - \ -, - 0 1
CITY OF LA PORTE, TEXAS
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APPROVED AS TO FORM
By:
CITY ATTORNEY
By: ~~ < r?~./~ / /pr
Knox Askins, City Attorney
Date:
- oj
Date: z;- - ;l ~- 0 -;