HomeMy WebLinkAboutO-2010-3211 Industrial District Agreement with Air Liquide America Specialty Gases, LLC
I
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: Januarv 25. 2010
Appropriation
Requested By: Ron Bottoms
Source of Funds:
Department: Citv Manal!er's Office
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits: Industrial District Al!reement
Budgeted Item:
(YES)
NO
Exhibits:
SUMMARY & RECOMMENDATION
These two properties have an existing contract under Ordinance 2007-IDA-46; the property is being split so that the
unimproved section can be developed.
Staff recommends City Council authorize the execution of Industrial District Agreements with the following
industries which will replace ordinance 2007-IDA-46 with Air Liquide USA:
. Ordinance No. 2007-IDA-117
. Ordinance No. 2007-IDA-118
Air Liquide Large Industries U.S., LP
Air Liquide America Specialty Gases, LLC
Action Required bv Council:
Con' approval of the ordinance 2007-IDA-117 & 2007-IDA-118 authorizing the execution by the City of La
e of ndustrial District Agreements listed above.
Ron Bottoms, City Manager
l~k
.
Date
ORDINANCE NO. 2007 -IDA-118
3211
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH AIR L1QUIDE AMERICA SPECIALTY GASES,
LLC, A DELAWARE LIMITED LIABILITY CORPORATION FOR THE TERM COMMENCING
JANUARY 1, 2008, AND ENDING DECEMBER 31,2019, MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Air Liquide America Specialty Gases, a Delaware Limited Partnership has
executed an industrial district agreement with the City of La Porte, for the term commencing
January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto,
incorporated by reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, 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.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 25th day of January 2010.
or
ATTEST:
Lf!l.~<t#///
artha Gillett, City Secretary
APP~ 'l. _ ~
Ch~skins, Assistant City A~
2
NO. 2007 -IDA- 1/ B
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and
OF LA PORTE, TEXAS, a municipal cor
Texas, hereinafter called TleITY", and.
, a -Oglo UXt re.-, LLC..
called II COMPANY" ,
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the Ci ty 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 I1Battleground Industrial
District of La Porter Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas 11 ,
hereinafter collectively called "District", 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 within a designated
Industrial District of the City of La Porte / said land being
legally described on the attached Exhibit IIATl (hereinafter
I1Landl1); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary linesj 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; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants wi thin said Districts 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:
FINAL DRAFT: November 1, 2007
1
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of Ci ty referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue 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 duri~g 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 part
hereof; and provided, however, it is agreed that City shall have
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 improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the II in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Landi improvements, and tangible
personal property.
Nothing herein contained shall ever be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which "the "in lieu of" taxes are assessed
are more fully described in subsections I, 2, and 3 of subsection
C, 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. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes" hereunder.
B. On or before the later of December 311 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 20191 Company
shall pay to City an amount of "in lieu of taxes II on Company IS
Property as of January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62%
Value Year 2009: 62%
Value Year 2010: 62%
Value Year 2011: 62%
Value Year 2012: 62%
Value Year 2013: 62%
Value Year 2014: 63%
Value Year 2015: 63%
Value Year 2016: 63%
Value Year 2017: 63%
Value Year 2018: 63%
Value Year 2019: 63%
Company
taxes"
personal
of:
agrees to pay to City an amount of "in lieu of
on Company's land, improvements and tangible
property in the unannexed area equal to the sum
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January I, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised 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, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Years following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%), if construction is completed
in Value years 2014 through 2019, 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.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible 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 I, 2007; or
ii. a cumulative value of at least $3,500,000.00.
4
""-
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have deprecia.ted below
the Property value established on January 11 2007,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
11 2007, value; and
3. Percentage Amount 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 I
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory), oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January I,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
Ci ty and appraised each year by the City I S independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
wi th the sum of I, 2 and 3 reduced by the amount of City 1 S ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4 . Notwi thstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limitsl then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the" authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
5
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (ClMA) , Company agrees to reimburse
City for its costs arising out of any emergency
response requested by Company to Company I s property,
and to which City agrees to respond. If Company is a
member of ClMA, the obligations of Company and City
shall be governed by the ClMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, unless extended for an additional period or periods of time
upon mutual consent of. Company and City as provided by the
Municipal Annexation Act i 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, 2019, 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 Companyls property
covered by this Agreement I 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 Company 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 between 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
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI (B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on 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 final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
within twenty (20) calendar days of receiving City'S invoice, give
wri tten notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of !tin 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 !tin lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) . .
Notwi thstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolutio~ of the difference
between the parties as to the fair market value of
Company 1 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
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (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 default in payment of "in lieu
of taxes II 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
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
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 enters into a renewal of any
8
existing industrial district agreements after the effective date
hereof and while this Agreement is in effectr 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.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawfulr 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, phrasesr clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firmr
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the applicationr invalidity or unconstitutionality of
such words, phrase, clauser sentence, paragraphr 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
validi ty of the remaining parts. of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: ,~( UC(t{1deJ AmeYlat8~Clal-R~[lClSeS lLG
\) (COMPAN )
Attention: iJ~~~~ y~JS~ Department
H{)ctSTm,l 'J)(i7DS.-fp- 9JVCj
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
9
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
ENTERED INTO effectiv~ the 1st day of January, 2008.
ill r Li~(i aL~Ci("~tln:;e5LLG
<-- ~ (COMP Y)
By: ~.
Name:
Title: t)
Address:
ATTEST: '
~
City Secretary
A~~
Knox W. Askins
City Attorney
City of La Porte
By:
By:
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS
COUNTY OF HARRIS
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CHRISTY MCQUEEN
Notary Public. State of Texas
My Commission Expires
May 16, 2009
STATE OF TEXAS
COUNTY OF HARRIS
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instrument
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municipal
was acknowledged before me on the ~ of
by Barry Beasley, Mayor of the City of La
corporation, on behalf f said entity.
,
Texas
f~~'\f.~rit:-o YVONNE GARRISON
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\~... Ai MY COMMISSION EXPIRES
".:r..i>f.',~~~~ October 28, 2013
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
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Exhibit uN
The residual of a 154.145 acre tract as more fully described in Deed recorded at Film Code No.
157-29-0284;
LESS AND EXCEPT 17.204 acres:
Being a metes and bounds description of a tract of land situated in the Richard Pearsal/1/3 \i)
League, Abstract No. 625, said tract of being out of a residual 154.145 acre tract, said residual
154.145 acre tract being described by deed recorded in Film Code No. 157-29"()284 of the deed
records of Harris County, Texas, said tract of land being more particularty described as follows:
BEGINNING at a copperweldrod found marking the northwest corner of said residual 154.145
acre tract, said point being on the south right-of-way line of Fainoont Parkway (250 foot right-of-
way), said point also being on the east line of Exxon Mobil Pipeline Corridor .520., said point being
the northwest comer of herein describe 17.204 acre tract;
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Thence N 86052'46" E, along said south line of said Fainnont Parkway, a distance of 994.34 feet
to a 5/8". iron rod set with cap marking the northeast comer of said 17.204 acre tract;
Thence S 00046'11" E, a distance of 733.81 feet to a 518" iron rod set with cap marking the
southeast comer of said 17.204 acre tract;
Thence S 8901707" W, a distance of 813.29 feet to a 518" iron rod set with cap marking an interior
comer of said 17.204 aas tract; .
Thence S 00036'37' E, a distance of 228.53 feet to a 5/8" iron rod set with cap marXing a
southerly comer of said 17.204 acre tract;
Thence S 89016'51" W, a distance of 178.69 feet to a 518" iron rod set with cap marking the
southeast comer of said 17.204 acre tract, said point also being on the said east line of
ExxonMobil Pipeline Corridor .520";
Thence N 00046'11" W, along said east line of ExxonMobil Pipeline Corridor .520., a dislance of
920.60 feet to the POINT OF BEGINNING.
The above desaibed tract of land containing 749,413 square feet or 17.204 acres.
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METES AND BOUNDS DESCRIPTION
0.2579 ACRES OF LAND IN THE
RICHARD PEARSALL SURVEY, ABSTRACT No. 625
IN HARRIS COUNTY, TEXAS
(10' PEDESTRIAN/BIKE EASEMENT - AIR UQUIDE)
BEING 0.2579 acres of land situated in the Richard Pearsall Survey, Abstract No. 625 in
Harris County, Texas; being a part of those certain tracts of land designated as Parcel 1
and Parcel 2 in the deed to Air Liquide recorded in Harris County Clerks File No.
V614285, Official Public Records of Real Property of Harris County, Texas, said 0.2579
acre tract of land is described by metes and bounds as follows:
COMMENCING at a 1-1/4 inch copperweld rod for the Northwest corner of said Parcel 2
and the Northeast corner of that certain 61.18 acre tract designated as tract 11 and
Bayport Pipeline Corridor "520" and described in the deed to Exxon Pipeline Company
recorded in Harris County Clerks File No. R930135, Official Public Records of Real
Property of Harris County, Texas, said rod is located on the South right-of-way line of
Fairmont Parkway (250 feet wide); THENCE, North 86 degrees 52 minutes 52 seconds
East along the South right-of-way line of Fairmont Parkway and the North line of said
Parcel 2, 461.91 feet to the POINT OF BEGINNING of this tract herein described;
THENCE, North 86 degrees 52 minutes 52 seconds East, along the South line of
F airmont Parkway and the North line of said Parcel 2, 26.13 feet;
THENCE, South 70 degrees 37 minutes 08 seconds East, 95.56 feet to a point at the
beginning of a tangent curve to the left whose radius is 30.00 feet;
THENCE, in an Easterly direction along said curve through a central angle of 22 degrees
3Q minutes 00 seconds, 11.78 feet;
THENCE, North 86 degrees 52 minutes 52 seconds East, passing at 5.12 feet the
common line between said Parcel 1 and said Parcel 2, continuing in all, a total distance
of 1,002.10 feet to a point on the East line of said Parcel 1 which is the West line of
Restricted Reserve "C" Block 2, Bayport 2003 Partial Replat, a subdivision recorded in
Harris County Film Code No. 624045, Map Records of Harris County, Texas, from said
point a 5/8 inch "RWF" plastic capped iron rod for the Northeast corner of said Parcel 1
and the Northwest corner of said Reserve "C" on the South line of said Fairmont
Parkway bears North 01 degrees 00 minutes 26 seconds West, 38.88 feet;
THENCE, South 01 degrees 00 minutes 26 seconds East along the East line of said
Parcel 1 and the West line of said Reserve "C", 10.01 feet to a point from which a 2 inch
aluminum rod for the Southeast corner of said Parcel 1 bears South 01 degrees 00
minutes 26 seconds East, 2,119.66 feet;
THENCE, South 86 degrees 52 minutes 52 seconds West, passing at 997.02 feet the
common line between said Parcel 1 and said Parcel 2, continuing in all, a total distance
of 1,001.73 feet to a point at the beginning of a tangent curve to the right whose radius is
40.00 feet;
Page 1 of 3
K:\prOj\surv~y\02116801\Easements\doc\M&B ESMT TRS 15-16 REV2.doc
THENCE, in a Westerly direction along said curve through a central angle of 22 degrees
30 minutes 00 seconds, 15.71 feet;
THENCE, North 70 degrees 37 minutes 08 seconds West, 119.71 feet to the POINT OF
BEGINNING and containing 0.2579 acres of land.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(No. 4204) North American Datum of 1983 (NAD 83) CaRS adjustment based from
satellite observations.
This description was prepared in conjunction with surveys made on the ground in
December 2008 and January 2009.
Revised July 1, 2009
p?t?/.P~'-
Steven E. Williams, R.P.L.S.
Texas Registration No. 4819
Page 2 of 3
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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.)
13
"EXHIBIT e"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100 I wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibi t II A f1
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 14 6 .
1. Any sign erected in said lOa' strip of land shall be subject
to the following provisions:
~ One freestanding ,identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-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 allowable at the intersection of
improved public rights-at-way.
~
Freestanding identification signs tor
businesses shall not exceed 350 square feet.
multiple
~ Freestanding identification signs shall not exceed 45
feet in height.
~ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100 I strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
"EXHIBIT e"
Page 2 of 3
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8 I high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
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 screen.
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 with 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 I
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addi tion to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10 ,) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3. Driveways opening from said strip of 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 I s Code of
Ordinances, whichever is more restrictive.
BEXHIBIT en
Page 3 of 3
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairrnont Parkway shall
be subject to the approval of both Harris County and City.
16