HomeMy WebLinkAbout93-IDA-05
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ORDXNANCE NO. 93-XDA-05
AN ORDXNANCE AUTHORIZXNG THE EXECUTXON BY THE CXTY O~ LA PORTE OF
AN XNDUSTRXAL DXSTRXCT AGREEMENT WXTH ARCO PXPE LXNE COMPANY, FOR
THE TERM COMMENCXNG JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000;
MAKXNG VARXOUS FINDINGS AND PROVXSIONS RELATXNG TO THE SUBJECT;
FXNDXNG COMPLXANCE WXTB THE OPEN MEETINGS LAW; AND PROVXDXNG AN
EFFECTXVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. ARCO PIPE LINE COMPANY has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1994, and ending December 31, 2000, a copy
of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the 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
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDXNANCE NO. 93-IDA-OS
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section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this loth day of January, 1994.
ATTEST:
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Sue Lenes,
City Secretary
~a/~
Knox W. Askins,
City Attorney
CITY OF LA PORTE
By: L~~
Mayor
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CURRENT NAME
PREVIOUS NAME & DATE
Arco Pipeline Company
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CITY OF LA PORTE
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PHONE (7131 471.5020 . p, O. Box 1 1 1 5 . LA PORTE. TEXAS 77572
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January 11, 1994
Mr. Michael A. Diakiw, Manager
Land & Right of Way Services
Arco Pipeline Company
P.O., Box 308
Independence, Kansas 67301
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Diakiw:
I am pleased to enclose herewith fully executed duplicate original
copy of the industrial district agreement between your firm and the
City of La Porte, effective January 1, 1994, for the term expiring
December 31, 2000.
I also enclose certified copy of the City of La Porte's approval
ordinance, for your records.
Thank you for your cooperation in this matter. If my office can
ever be of assistance to your firm, please.do not hesitate to call.
Yours very truly,
CITY OF LA PORTE
By: Q~ T. ~
Robert T. Herrera
City Manager
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Enclosures
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SENDER:
o Complete items 1 and/or 2 for additional services.
o Complete items 3. and 4a 81 b,
o Print your name and address on the reverse of this form so that we' can
return this card to you.
o Attach this form to the front of the mailpiece, or on the back if space
does not permit.
o Write "Return Receipt Requested" on the mailpiece below tha article number.
o The Retum Receipt will show to whom the article was delivered and the date
delivered,
I also wish to receive tha
following services (for an extra n
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1. 0 Addressee's Address eX
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2. 0 Restricted Delivery
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4a. Article Number
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NO. 93-IDA-O~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS,' a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and ARCO PIPE LINE COMPANY
, a Delaware corporation, hereinafter
called "COMPANY",
W I T,N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, 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 "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit fiB", which plat describes 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; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
Revised: October 22, 1993
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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 'C~ty,during the, term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
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 fuli 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 "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at city's expense, by an
independent appraiser of city's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, ~nd 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
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property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted. in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or company's
duly authorized agent, (the company's "Rendition"). Company may
file such Rendition on a Harris countY,Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "property"). A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish .to City a
wr i tten report of the names and, addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before ,each December
31st thereafter, through and including December 31, 2000, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
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D. Company agrees to render to City and pay an amount "in lieu
of taxes" on Company' s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. (a) Fifty percent (50%) 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 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by City's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to city if all
of the Company' s Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of city and appraised each year by
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city's independent appr~iser; 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, 1993, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of city and appraised by City I s
i~dependent appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
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.
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3.
(c) If existing property values have depreciated below
the value established on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
(a) Fifty-percent (50%) 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, including, without limitation,
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 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the city's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company' s tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of City and appraised each year by the city's
independent appraiser.
wi th the sum of 1, 2 and 3 reduced by the amount of City' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
,This Agreement shall extend ,for a period beginning on the'lst day
of January, 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company wi1l 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
'r existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreeD).ent 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 Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of ,the "in lieu of
taxes" on the unannexed portions of Company' s hereinabove described
property which would be due to ci ty in accordance wi th 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
snaIl make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties"
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisa~ made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good fai th negotiations in an attempt to reach an
agreement as to, the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by city,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
,. provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company' s valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10. days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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'of the difference b~tween the parties as to the fair
market value of Company' s property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon' s
Annotated Revised Civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of "default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penal ty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company' s successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all 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 la~downer with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
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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 lawful, reasonable, appropriate,
and not unduly restrictive of company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause" sentence, paragraph, section, article
or other part o~ the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
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ATTEST:
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city secreta~
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Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
ARCO PIPE LINE COMPANY
. /J .'\COMPANY)
BY:~&~
Name: Michael A. Diakiw. Attornev-in-Fact and
Title:ManaRer of Land & RiRht of Way Services
Address:200 ARCO Place. P. O. Box 308.
Independence. KS 67301
~ OF LA PORTE
By: ~~~
rman L. IIal0ne~
Mayor
By: Q~~ T. ~~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
8
ARCO Pipe Line CO"'&'
Post Office B'~~
Independence Kansas 67301
Telephone 316 3321218
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Michael A. Diakiw
Manager
Land & Right of Way Services
December 1, 1993
R€C€/\I€D
DEe 2 1993
CITy
OMANAGERS
FFICE:
VIA FEDERAL EXPRESS
Mr. Robert T. Herrera, City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572-1115
RE: Industrial District Agreement between the City of La Porte and ARCO Pipe Line
Company effective January I, 1994.
Dear Mr. Herrera:
Attached for your further handling please find duplicate originals of the referenced
Agreement. I understand that following formal approval by the City Council of La Porte
by passage of an approval ordinance, a fully executed counterpart and a certified copy of
the approval ordinance will be returned to this office for our records.
The assistance which Mr. Knox Askins and Mr. John Joerns provided regarding the
Agreement was greatly appreciated.
If you have any questions, or need additional information, do not hesitate to call me at
(316) 332-1218.
Sincerely,
-z.~~
Michael A. Diakiw
MAD:nse
Attachment
xc: Mr. Kelley Parker
Cushman/W akefield
1300 Post Oak Boulevard
Houston, TX 77056
P. K. Bywaters -- HO-350
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..01
OCT -29-' 93 FRI l~h 'JJ ..,.. I'D: LFlND 1\1 ROW
ARCO PIpe Line cl.ny
Post Office Box 308
Independence Kans88 87301
Telephone 316332 1218
FAX NO: (316);332-1532
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tl928 Pial.
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Michael A. Dlaklw
Manager
Land Be RIghi of Way services
October 29, 1993
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VIA I'ACSIMD..E
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RECEIVED' -I
OCT 2 '9 1993
CITY MANAGERS
I OFFICE
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Mr. Robert T. Herrera
City Manager
City of La Porte " , "
P. O~ Box 1115 . , , "
i..aPo~, TX77S72. " ' .'. ' ',' . ,', .'
.... .... "'I~~..:-...J~:.t~l.'~':".u'oii"""i.U.:;""" ,.,,:,...L". ,.. ..Jr,.............f~I.\..l:...";a-. 'J" ,,\.'I:I'.t:..,g..:.....,,'" ...11.......:.I~~....:.r., .....~.s........~ ':.~.......~.. ",U :'oU,' if._.....,.
. .... -,.. ".... CO'- !~; "RE: Ind~8tritd DiSiriCt"~ent between:t~ Clt~;~fta1pci~"~d ARCO ~;~{i~~
Company.
Dear Mr. Herrera:
This Jetter is in response to the City of La Porte's (the City) request dated October 22, 1993
to sign a letter of intent whereby ARea Pipe Line Company (APL) would agree to execute
an Industrial District Agreement (IDA), in the form recently negotiated between the City and
the Industry Conunittee Representatives.
As you are aware. APL currently owns approximately 157 acres of undeveloped land looated
south ofFairmont Parkway and west of Bay Park Road. In order for APL to prudently
evaluate the impact of the IDA. or the alternative of annexation of this property, a meeting
has been requested and scheduled for Thursday, November 4, from 9:00 to 11 :00 a.m. with
Mr. Knox W. Askins, the City Attorney, to discuss various options available to APL.
If you have any questions, or need additional information, please contact me at your earliest
convenience at (316) 332-1218.
~' ~
ado//& ,
Michael A. Dialciw
MAD:nse
xc: Knox W. Askins - City of La Porte (via facsimile)
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ORDINANCE NO. 1795
AN ORDINANCE AUTHORIZING THE EXECUTION BY
INDUSTRIAL DISTRICT AGREEMENT WITH ARCO
THE BAYPORT INDUSTRIAL DISTRICT FOR THE
1987, AND ENDING DECEMBER 3l, 1993.
THE CITY OF LA PORTE OF AN
PIPE LINE COMPANY, WITHIN
TERM COMMENCING JANUARY 1,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section l. The City Council hereby finds, determines and
declares that ARCO Chemical Company has executed an industrial
district agreement with the City of La Porte, for the term
commencing January l, 1987, and ending December 31, 1993, a copy of
proposed industrial district agreement being attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2.
The Mayor, the City Council, and the City
Secretary of the City of La Porte, Texas, be, and they are hereby,
authorized and empowered to execute and deliver on behalf of the
City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof, a copy of which is attached
hereto.
Section 3.
The City Council officially finds, determines,
recites and dec1arei that a sufficient written notice of the date,
hour, place and subject of this meeti~g of the City Council was
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posted at a place convenient. to th~:public at the City Hall of the
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City for the time required by ra~ preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated~ and that this meeting has been open to the
public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and
formally acted upon. The City Council further ratifies, approves
and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be effective from'and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. l795
PAGE 2
PASSED AND APPROVED, this llth day of November, 1991.
CITY OF LA PORTE
BY {j;~d~.r:/7f.4A
No man L. Ma on , Mayor
ATTEST: _ i:J J I
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Cherie Black
City Secretary
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AP~~~
Knox W. Askins
City Attorney
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(Revised:
06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT. ARTICLE
224, ET. SEO., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS fi
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COUN1Y OF HARRIS fi
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CITY OF LA PORTE fi
INDUSTRIAL DISTRICf AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF lA
PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called
"CITY" and ARCO Pipe Line Company, a Delaware corporation, hereinafter called
"COMPANY"
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City of La
Porte, Texas, to adopt such reasonable measures from time to time as are permitted by
law and which will tend to enhance the economic stability and growth of the City and
its environs by attracting the location of new and the expansion of existing industries
therein, and such policy is hereby reaffirmed and adopted by this City Council as being
in the best interest of the City and its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land more particularly
described in the Deed Records of Harris County, Texas, in the following Volume and
Page references, to-wit:
Special Warranty Deed dated August 18, 1988 wherein Atlantic Richfield
Company conveyed three tracts of land totalling 169.450 acres, more or less,
to COMPANY and being recorded in the Official Public Records of Real
Property of Harris County, Texas, on September 15, 1988, under Microfilm
Identification No. 127-76-2001 through 127-76-2005. A copy of this Special
Warranty Deed marked Exhibit "A" is attached hereto and made a part
hereof, upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s); and
THIS INDUSTRIAL DISTRICT AGREEMENT IS SUBJECT TO TilE TERMS AND CONDmONS SET FORTH IN EX1IIBlT "B" A7TACIIED HERETO, INCORPORATED BY
REFERENCE HEREIN. AND MADE A PART IIEREOF FOR AU~ PURPOSES,
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In~ustrial District Agreement - 2
WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729,
designating portions of the area located in its extraterritorial jurisdiction as the
"Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating
portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "District," such Ordinances
being in compliance with the Municipal Annexation Act of Texas, Article 970a, Vernon's
Annotated Revised Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of industrial
plants within said Districts and for such purpose desires to enter into this Agreement
with Company pursuant to Resolution adopted by the City Council of said City and
recorded in the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual agreements
of the parties contained herein and pursuant to the authority granted under the
Municipal Annexation Act and the Ordinances of City referred to above, City and
Company hereby agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this Agreement,
provided below, and subject to the terms and provisions of this Agreement, said District
shall continue and retain its extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging, to Company and its
assigns, and unless and until the status of said land, or a portion or portions thereof, as
an industrial district may be changed pursuant to the terms of this agreement. Subject
to the foregoing and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to the extent that it covers
said land lying within said District and not now within the corporate limits of City, or
to be annexed under the provisions of Article II hereof, shall be immune from
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In,dustrial District Agreement - 3
annexation by City during the term hereof (except as hereinafter provided) and shall
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have no right to have extended to it any services by City, and that all of said land,
including that which has been heretofore or which may be annexed pursuant to the later
provisions of this Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescribing any building,
electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon; provided, however, it is
agreed that City shall have the right to institute or intervene in. any judicial proceeding
authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and
to the same intent and effect as if all land covered by this Agreement were located
within the corporate limits of City.
II.
11.584 acres of the hereinabove described property as set forth in Exhibit "C"
attached hereto and incorporated herein has heretofore been annexed by City. Company
agrees to render and pay full City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax
purposes of the annexed portion of land, improvements, and tangible personal property
shall be determined by the Harris County Appraisal District. The parties hereto
recognize that said District has no authority to appraise the land, improvements, and
tangible personal property in the unannexed area for the purpose of computing the "in
lieu" payments hereunder. Therefore, the parties agree that the appraisal of the land,
improvements, and tangible personal property in the unannexed area shall be conducted
by City, at City's expense, by an independent appraiser of City's selection. The parties
recognize that in making such appraisal for "in lieu" payment purposes, such appraiser
must of necessity appraise the entire (annexed and un annexed) land, improvements, and
tangible personal property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal property.
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Industrial District Agreement - 4
Company also agrees to render to City and pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property in the unannexed area
equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which would be
payable to City if all of the hereinabove described property which existed
on January 1, 1986, had been within the corporate limits of City and
appraised each year by City's independent appraiser; and
(2) Thirty percent (30%) of the amount of ad valorem taxes which would be
payable to City on any increase in value of the hereinabove described
property, in excess of the appraised value of same on January 1, 1986,
resulting from new construction and new acquisitions of tangible person~l
property, (exclusive of Construction in Progress, which shall be exempt from
taxation), if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent appraiser;
With the sum of (1) and (2) reduced by the amount of City's ad valorem taxes on the
annexed portion thereof as determined by appraisal by the Harris county Appraisal
District.
Nothing herein contained shall ever be construed as in derogation of the authority
of the Harris County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion, for ad valorem tax
purposes.
III.
This Agreement shall extend for a period beginning on the 1st day of January,
1987, and continue thereafter until December 31, 1993, unless extended for an additional
period of periods of time upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this agreement is not so
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Industrial District Agreement - 5
extended for an additional period or periods of time on or before August 31, 1993, the
agreement of City not to annex property of Company within the District shall terminate.
In that event, City shall have the right to commence immediate annexation proceedings
as to all of Company's property covered by this Agreement, notwithstanding any of the
terms and provisions of this agreement, and in such event Company agrees that if the
Texas Municipal Act, Article 970a (V.A.T.S.), as amended after January 1, 1980, or any
new legislation is thereafter enacted by the Legislature of the State of Texas which
imposes greater restrictions on the right of City to annex land belonging to Company or
impose further obligations on City in connection therewith after the annexation of such
land, Company will waive the right to require City to comply with any such additional
restrictions or obligations and the rights of the parties shall be then determined in
accordance with the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1980.
IV.
This Agreement may be extended for an additional period or periods by
agreement between City and Company and/or its assigns even though it is not extended
by agreement between City and all of the owners of all land within the District of which
it is a part. In this connection, City hereby expresses its belief that industrial district
agreements of the kind made herein are conducive to the development of existing and
future industry and are to the best interest of all citizens of City and encourage future
City Councils to enter into future industrial district agreements and to extend for
additional periods permitted by law this Industrial District Agreement upon request of
Company or its assigns; provided, however, that nothing herein contained shall be
deemed to obligate either party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all ad valorem taxes, and all "in lieu of taxes" payments
hereunder, to City on or before December 31 of each year during the term hereof. It
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IJ}.dustrial District Agreement - 6
is agreed that presently the ratio of ad valorem tax ass~ssment used by City is one
hundred percent (100%) of the fair market value of property. Any change in such ratio
used by City shall be reflected in any subsequent computations hereunder. This
agreement shall be subject to all provisions of law relating to determination of value of
land, improvements, and tangible personal property, for tax purposes (e.g., rendition,
assessment, Harris County Appraisal District review and appeal procedures, court appeals,
etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and
the amount of "in lieu of tax" payments hereunder, except as otherwise provided in
Articles II and VI hereof.
VI.
(A) In the event Company, elects to protest the valuation for tax purposes set
on its said properties by City or by the Harris County Appraisal District for any year or
years during the terms hereof, nothing in this agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total of (a) the total amount
of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu
of taxes" on the unannexed portions of Company's hereinabove-described property which
would be due by Company to City in accordance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by Company on or before
March 31 of each year during the term of this Agreement, with both the City and the
Harris County Appraisal District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case may be) valuation
on said property of Company has been so finally determined, either as the result of final
judgment of a court of competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company shall make payment
to City of any additional payment due hereunder based on such final valuation, together
with applicable penalties, interests, and costs.
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IJ;1dustrial District Agreement - 7
(B) Should Company disagree with any appraisal made by the independent
appraiser selected by City pursuant to Article II above (w~ich shall be given in writing
to Company), Company shall, within twenty (20) days of receiving such copy, give written
notice to the City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal made by said
independent appraiser shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should company give such notice of disagreement, Company shall also submit to
the City with such notice a written statement setting forth what Company believes to be
the market value of Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to reach an agreement as to
the market value of Company's property for "in lieu" purposes hereunder. If, after the
expiration of thirty (30) days from the date the notice of disagreement was received by
City, the parties have not reached agreement as to such market value, the parties agree
to submit the dispute to final arbitration as provided in subparagraph (1) of this Article
VI(B). Notwithstanding any such disagreement by Company, Company agrees to pay to
City on or before December 31 of each year during the term hereof, at least the total
of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the
"in lieu" payments which would be due hereunder on the basis of Company's valuations
rendered and/or submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever is higher.
(1) A Board of Arbitrators shall be created composed of one person
named by Company, one by City, and a third to be named by those two.
In case of no agreement on this arbitrator in 10 days, the parties will join
in a written request that the Chief Judge of the U.S. District Court for the
Southern District of Texas appoint the third arbitrator who, (as the
"Impartial Arbitrator") shall preside over the arbitration proceeding. The
sole issue to be determined in the arbitration shall be resolution of the
difference between the parties as to the fair market value of Company's
property for calculation of the "in lieu" payment and total payment
hereunder for the year in question. The Board shall hear and consider all
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Industrial District Agreement - 8
relevant and material evidence on that issue including expert opinion, and
shall render its written decision as promptly as practicable. That decision
shall then be final and binding upon the parties, s~bject only to judicial
review as may be available under the Texas General Arbitration Act
(Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas).
Costs of the arbitration shall be shared equally by the Company and the
City, provided that each party shall bear its own attorneys fees.
(C) Should the provisions of Article II of this Agreement become impossible
of enforcement because of (1) the invalidity or unenforceability of the Texas Property
Code (S.B. 621, Acts of the 65th Texas Legislature. Regular Session, 1979), or any
relevant provision thereof, or (2) because of any material delay or failure to act on the
part of the Harris County Appraisal District, then and in any of such events, all
payments under this Agreement shall be governed by the provisions of Article II hereof;
anything to the contrary in this Agreement notwithstanding.
VII.
City shall be entitled to a tax: lien on Company's above-described property, all
improvements thereon, and all tangible personal property thereon, in the event of default
in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be collectible by City in the
same manner as provided by law for delinquent taxes.
VIII.
Company agrees to provide to City at Company's expense, a survey plat and field
note description of the land and improvements which Company petitions to be annexed
in accordance with the provisions of Article II above. Such annexation tract shall be
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Industrial District Agreenu;mt - 9
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contiguous to a point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description, City shall have the
right by notice in writing to Company to cancel and terminate this Agreement.
This Agreement shall inure to the benefit of and be binding upon City and
Company, and upon Company's successors and assigns, affiliates and subsidiaries, and
shall remain in force whether Company sells, assigns, or in any other manner disposes
of, either voluntarily or by operation of law, all or any part of the property belonging to
it within the territory hereinabove described, and the agreements herein contained shall
be held to be covenants running with the land owned by Company situated within said
territory, for so long as this Agreement or any extension thereof remains in force.
x.
If City enters into an Agreement with any other landowner with respect to an
industrial district or enters into a renewal of any existing industrial district agreements
after the effective date hereof and while this Agreement is in effect, which contains
terms and provisions more favorable to the landowner than those in this agreement,
Company and its assigns shall have the right to amend this Agreement and City agrees
to amend same to embrace the more favorable terms of such agreement or renewal
agreement; provided, however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing agreements, containing
a percentage of ad valorem taxes more favorable to the landowner than that contained
in Paragraph II, Subparagraph 3 (2) hereof, and Company and its assigns shall nQ! have
the right to amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than that contained in
Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to
landowners covered by existing contracts only to the extent such favorable terms apply
to any increase in value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Subparagraph 3 (2)
hereof.
L84879'1
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SPECIAL WARRANTY DEED
'\ 27 ~76:':ZOOT
.: :../:.:~ ,..: L::,~:~j .::;:~ :. j,j I !Io.:
STATE OF TEXAS )
) KNOW ALL MEN BY THESE. PRESENTS:
COUNTY OF HARRIS )
That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and No/100 Dollars ($100.00) and other good and valuable ;. (V
consideration to it in hand paid by ARCO Pipe Line Company ./ .'
("APL"), a Delaware corporation, whose address is ARCO
Building, Independence, Kansas 67301 ("APL"), the receipt and
sufficiency of which is hereby acknowledged, has granted and
conveyed and by these presents does grant and convey unto APL
all of its right, title, interest and estate in and to that
certain tract of land and premises in the William M. Jones
Survey, Abstract 482, and the George B. McKinstry League,
Abstract 47, Harris County, Texas, containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and 2.803 acres,
the, latter tract being embraced within the right-of-way for
Fairmont Parkway) described in Exhibit "A", attached, hereto
and incorporated herein for all purposes.
Being the same' tract of land or premises conveyed by
Friendswood Development Company to ARCO by deed dated
December 30, 1974, and recorded in File No. E334151, Film
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Prop,erty of Harris County,
Texas hereinafter called the "Deed. '
This conveyance is made and accepted subject to:
(a) all rights, easements, restrictions, exceptions,
reservations and encumbrances whether recorded or unrecorded
(b) the convenants, exceptions, conditions, rights,
easements, restrictions, reservations, purchase options and
encumbrances contained in the Deed.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto APL, its
successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof,
by, through, or under ARCO, but not otherwise.
This Special Warranty Deed has been executed on the date
of, the,.a.cknowledgment hereto but shall be effective for all
purposes as of the 18th day of August, 1988.
Attest:
Atlantic Richfield Company
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Assistant Secretary
By
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Senior Vice President
- ARca
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EXHIBIT "A" Page 1
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Industrial District AgreeIi1~nt - 10
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In the event anyone or more words, phrases, clauses, sentences, paragraphs,
sections, articles or other parts of this Agreement or the application thereof to any
person, firm, corporation or circumstances shall be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, then the application,
invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph,
section, article or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity of the remaining
parts of this Agreement shall not be affected thereby.
XII.
Upon the commencement of the term of this Agreement, all other previously
existing industrial district agreements with respect to said land shall terminate.
ENTERED INTO effective as of the 1st day of June, 1986.
ATfEST:
ed~
AR
By:
Assistant Secretary
Vice President
ARCO Building
Independence, KS
APPROVED BY COUNSEL:
A~i1}(~-f1d~
Mark A. Plake
Independence, KS 67301
(316) 331-1300
ATIEST:
(~ Mci-
Cherie Black/ City Secretary
CITY OF lA PORTE
By: ;~;;; ~Jo.{ ~?O~~
By: G<~ T. ~
Robert T. Herrera, City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, Texas 77571
ttomey
901220
OllAW\AGR\lAPORm
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127 WA76~20J2
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STATE OF !c'(.{t." Co'.'? IU. "t.. )
. ,~.. . - ) SS
COUNTY OF ,~::.. '~'l.r.;:' (;!/,l '/(~-.t_ )
Before me, ..' J. ,',{ ~~dr:( /'1. /~:.y.IC it. '11
on this day persona y appeare Yc' /(),( l
me to be the person whose name is su scr e to the foregoing
instrument, and known to me to be the ,; .t. "/{.e,.<.:.. President
of Atlantic Richfield Company, a corporat10n, an acknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
.Given under my hand and seal of offi~e, this ~{If.t day
of (c: c:,u:i~( ~___t': ' , 1988.
II
. OFFICIAL SEAL
l:INDA M MENCKEN
. NOTARY' PUBLIC - CALIFORNIA
LOS ANGElES COUNTY
. Mr carinn. apIres .IAN I" 1_
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d.t:~.t.t'C/ /lc. / It..'E': <;7~;.:~LG.-x-
Notary Pub:J.ic, .;.0<"i~> tl-N(ic'~f."(~c::....-'
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Coun ty , ((ii,. ((...?~,t A~ /~~7
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My, commission expir~s:
I h ,I,: (: cd i ,/ J E., /~C;..<.
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EXHIBIT "A" Page 2
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EXHIBIT "A" TO DEED
FROM
ATLANT,IC RICHFIELD COMPANY
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TO '
ARCO PIPE LINE ~OMPANY
"\ ir...rO:':'?'OO'3
N8TES L\ND BOUNDS DESCRIP'.I.'[ON
169 .1~50 ACIU:S
HIl..LIAH H. JONES SUIt VF.Y, A -1,82
GEOlZGE B. NcKH1STlty J..I~^GlIl::, J\-1~7
HARRIS COUNTY, TEXA~
Being three tracts or parcels containiug a total of 169.1.50 acres
of ;and in the William M. Joncs Survey, A-482 and in the George B.
NcK~nstry League, A-l~7, llarris County, Texas and being more parti-
cularly described as Tract I, Tract II and Tract III by metes and
bounds as follows (all bearings referenceu to the Texas Coordinate
System, South 'Central Zone):
TI.V\CT 1
BEGINNING at Coppert-leld INumber 2856, being the intersection of the /IJJ?
south line of Fairmont Pc.\'J=k~"'ay, 250 feet Hide, :1f. rQcorded.-4-n (:J/~
\l.Q..l.yme-J-&42, J:!a'f5e-LI-,1.,-U,= e d-H:ee ord 6,-Ha'l;-l:.4:-o-Ge~Ht-L~e'na-e and the
east line of a 230.00 foot ,,,ide Harris County Flood Control District
right-of-way for Big Island Slough as recorded in Volume 8260, Page
12l~, Deed Records, llarris County, Texas;
THENCE with the east line o[ said lIarris, County flooll Control District
right-of-,'my, S 07015' 3g" E [or a di!itancc o[ 1052.20 feet to Copper-
'oJeld Number 2857, a point Eor corner, in the ea5t line of said llarris
County Flood Control Distri.ct right-o[-~'1LlY, 230 [e'et ,,,,ide;
THENCE continuinf~ vd.th said east line, S '31~059' 39" E for a distance
of: 1II,I~9.7() feet to CoppcnJ(!l.t1 IhlllllJ(!I:' LB,)B, n pojtlt for. cc.H:ncr., Dt
the intersection of: t.:lIC ca~~t line or: !;:d,<.l Ilard.n Couuty Fl.oo<.l Control
,;:" District right-of-way, 230.00 [eet ,.litle, [or Big Island Slough and
the wes t line o[ n 100.00 root "lide Pipe li ne Corridor "510";
THENCE ,,,i th the wes t Ii ne 0 f thc a foremen tioned Pi pe line Cor.ridor
"510",100.00 feet ,,,ide, N ll~ol~1'l~9" E for a distance of 239S.S8
feet to an Exxon Pipeline Company marker, i.dentified as BPL 127, a
point for corner, bci1\~~ thc i u tcr s cc tion 0 f: the HCS t line 0 E said
Corridor and the aforesaid south line o[ Fnirmont l'arkHay, 2S0 feet
wiele;
THENCE vlith said south line, S 86052'37" \~ ut 83.28 feet passing a
S/8" iron rod, at 1266.09 feet passing a 5/8" iron rod called RO,d
2061 2.23 feet S 03007'2311. E, nnd continuing in all [or u total
dist~nce of l57l~..52 feet to Coppen'leld 2856; the POINT OF BEGINNING
and containing 49.36G acres o[ land.
TR^CT 11
CO~lt.1ENCING [or rl! ference at COppP. [\ow 1d N1.lIIIhe r 2 B 5 (, bed r~l~ tlw, in tcr- 1iJ-.
S8cti.on o~ the, t;ollt:I,l J.~lnc of: Fn:i rm()I1l:.~;,~:~~,~;~r!._/.~~)~l~() ~el(:t v/lde, ~. (;1/
~-e-ee-f'd'e-d-.t:n--lJ+I~-H!IIt...~6JI.,~,-Pc:Tr;t,:/r'l-;-J)~r:ll l..l:C U nr!i, Hm.l tr. t.tJt1Tll...,-;-'l~&6 ·
nnd tht! ccwl: l.illn of fl I.]{),OO font Hide lIilJ"l~in County Flood Control
Di s t r1 c t 1:1 t!.ll t - u f: -\-lD. Y .cu J: H :1.[. 1:J 1.1,11 Hl S J.llllf,',h &l n I: c.: c.: () nl t.d :i..ll V 0 lllllle
,8260, Page 12{~, Deed Records, Harris County, Texas;
(. I' 1 'tl c).r.)0r;Z'37" I;:, at
THENCE -e,.1i th said sou th Ii Ill! ()' Fa ,L l."lIlon t "n- <.Ha y , C \j J -
a distance o.r: 157l~.52 fect pa~;5inl~ the Hcst lj~lc of Exxon Pipeline
Corri.dor "51011, 100.00 Ice t Hi de, ...I\d con t i 1111 i nl:~ in n 11 fo r a to,ta 1
EXHIBIT "A" Page 3
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EXHIBIT "s"
Page 1 of 2
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND
l. City and Company agree that the real property of Company, more
particularly described on Page 1 of this . Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that City
will not annex said propertYJ provided, however, City reserves the
right to conduct "strip" annexations as my be required by law in
connection with annexation of land other than that owned by Company.
,Company agrees to render to City and to pay as "in lieu of taxes" on
Company's said unimproved land, an amount equal to the sum of 100%
of the amount of ad valorem taxes which would be payable to City if
all the hereinabove described property of Company had been within
the corporate limits of City and appraised each year by City's
independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
AgreementJ provided, however, at such time as Company commences
improvements to company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
3. Company agrees that the real property of
described shall not be used as a site for commercial
incineration, i.e., incineration of hazardous wastes
site1 provided, however, City does not waive its
under Paragraph 1 of this agreement.
Company herein
hazardous waste
generated off-
rights reserved
4. Except as amended by the terms and provisions of this Exhibit
"A", the terms and provisions of the Industrial District Agreement,
to which this Exhibit "A" is attached, shall remain in full force
and effect for the term of this Agreement, expiring December 31,
1993.
5. City and Company agree that the terms and provisions of this
Industrial District Agreement shall be retroactive to January 1,
1987. City acknowledges receipt of payment of "in lieu of taxes"
fro calendar years 1987, 1988, and 1989.
ENTERED INTO this day of September, 1990, retroactive to
effective date of January-I, 1987.
~-ABr.Il P~"i~ C~~COMPANY)
BY: ,~ ' Q.~
A'fTEST:
j].a~~
Secretary
Name: Norman R. Bennett
Name: C. A. Staton
Ti tIe: Vice President
Add r eSB: ARCO Building
Independence, KS
Name: Mark A. Plake
Address: ARCa Building
Independence, KS
Telephone: (316) 331-1300
"
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:127-76:2005
2.803 acres of land, said tract being the southerly [~O.OO feet of
the aforesaid old Cardiff Road, 80.00 feet wide.
Compiled by:
Turner, Collie & B'rc:ulcn, Inc.
Consulting Engineers
Houston 'Port Arthur
December 6, 1974 Job No. 1659-006
Revised: December 24, 1974
I '
FILED FOR RECORD
8:30 A.,M. '.
\,SEP 1 5 S8a
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CO~rgv,..gF '=.1= dIIt 1ntr....1Il .. fiLED lit fUI HUllber
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COIlIltY, -- SEP 151988
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.. = HARRIS COUNTY, TEXAS
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County Clerk, Harris County, leus
A
RECORDER'S MEMORANDUM
RDATION Trr'S TE
~J~~nr:TO~:I~~~~~:~'~~E~~gt~~~IO~
FOR T~fES:T~gIBllITY. ~=~N~
BECAO co- 01SCOLOREO
rHOT ro.
EXHIBIT "A" Page 5
Retum to
Mildred l. Russell, Monager
land & R/W Dept.
ARea Bldg.,
Independence, Kansas 8730.
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STATION SITE
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.. TRACT I ,48.111 A..
... TRACT Jt 117. U I AI.
!' '.. TRACT m I. I'O:S Ae.
: TOTAL 11..410Ao.
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NOTEI 1RAI:Il III 11.1IlD M:-) LIES WITHIN 'AI_ P_-
_ IS Nar WITHIN THE BAYPORT IIlDlISTRlAL DISTRICT. ,'r '
'IlIAT A1UlT OF TRACK II WHICH LIES wmtlN 1ME GBl. L '.'
-.1lSTll'f LEAGUE, A-cr. 118.825 M:-) IS Nar wmtlN TN!" '., '
BAYPORT INDUSTRIAL DI$JRlCT AlII IS Har WITHIN THE cm , .
UIIlTS OF THE CITY OF LA PORTE. ': \ ~
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DEEDED FROII FRIENDSWOOD DEVEUlPEMENT COMPANY
:ro ATLANTIC RICHFIELD COMPANY DATED DECEMBER
:SO, 1974, AND fiLED ON THAT DATE UNDER FILE.fll '
E 334111 AND FILE CODE NlI 114-12.0583 OF THE
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF
HARRIS COUNTY, TEXAL
ALL BEARINGS ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEII, SOUTH CENTRAL ZONE.
~.
FROII METE SAND 10UN OS DESCRIPTION COMPILED
BY TURNER, COLLIE AND BRADEN, INe. REVISED
DEC. 24,1874.
SURvEY BY G.D. YOUNGBLOOD IN ~UNE AND AUGUST.
1974 TEXAS REGISTERED PUBUC SURVEYOR NlI 1531.
ARea Pipe Line Company
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ANNEXED ACRE!I
1IlACIC a ISOUIll STRIP)
TRACIC IX .-nt SlRIP)
TRACK %
TllI'AL II:IlES
LOCATION IKETCH
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2.BOI AD.
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ACC LA PORTE' STATION
'PROPERTY ft:AT
APr L A PORTE
1,314. III
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HUGH L. LANDRUM & ASSOCIATES, INC.
V ALIJATIOlll ElIIGlNEERS
1.:lilO SOUTH I..OUI" WEST. SUITK 1 n
PIIOlllE 713179_378 UN 9379
HOUSTON, TEXAS 77054
p~~
' N OV u 8 1990
ASST. CITY MANAGER
OFFICE
November 7, 1990
Mr. Bill Smoot
Arco Pipeline Company
Arco Building
Independence, KS 67301
Re: Land Areas in Bayport Industrial District
Dear.Bill:
We rece i ved your letter toady and I have made the
calculations you requested. As'I see it, Tract III for 2.803
acres is actually in the Fairmont Parkway right-of-way and
not in the Bayport Industrial District.
............ .
./
Tract I has 3.569 acres in the 100 ft. strip that the City ot
La Porte annexed. Therefore that would leave 45.797 acres in
the Bayport Industrial District. The south strip annexation
does not cut across this tract.
Tract II has 3.148 acres in the north 100 ft. strip
annexation and 4.867 acres in the south 100 ft. strip that is
annexed. It also has 18.825 acres in the George B. McKinstry
survey which is south and out of the Bayport Industrial
Distr ict. This leaves 90.441 acres from this tract in the
Bayport Industrial District.
It is my opinion that you can take a copy of the property
plat you sent me, mark the annexed strips as you did for me,
have the notes I penci led on the copy I'm returning to you
typed onto your copy, make a note that the 2.803 acre tract
III is not included, and submit it with a copy of the Special
Warranty Deed and Exhibit A for the Deed to the City
attorney, Mr. Knox Askins.
We will revise the tax bills you have received to show the
correct annexed areas (11.584 acres) and then we wi 11 send
you an "in-lieu ~f taxes" bill on 136.238 acres.
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Page 2
November 7, 1990
Mr. Bill Smoot
Arco Pipeline Company
Independence, KS
Re: Land areas in Bayport Industrial District,
If you have any questions or if I can be of further
assistance, please call me.
By copy of this letter, I am request ing Mr. John Joerns, or
Mr. Askins to let me know if they see a problem with anything
I have done or recommended.
Sincerely,
~ / /-1-
Hugh L. Landrum
HLL/sm
...
cc: ~ohn Joerns, Assistant City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77571
Mr. Knox Askins, Attorney
P. O. Box 1218
La Porte, TX 77571
.~
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-
ASKINS &. ARMSTRONG, P. C.
ATTORNEYS AT LAW
P. O. BOX 1218
702 W. FAIRMONT PARKWAY
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
.JOHN D. ARMSTRONG
May 13, 1991
Mr. John Joerns
Assistant City Manager
City of La Porte
City Hall
La port'e, Texas
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
pLtawlIij
MAY] 4 1991
ASST. CITY MANAGER
OFFICE
Re: ARCO pipe Line Company Industrial District Agreement
Dear John:
I enclose copy of my January 31, 1991, letter to Mr. Hugh Landrum
and to you.
Hugh Landrum has approved the property description. Please place
this Industrial District Agreement, and approval ordinance, on an
upcoming City Council agenda.
Yo~~very truly,
~ p ty:;}
~ Knox W. Askins
City Attorney
.;f4CJ- ~ ~ City of La Porte
suite IfP;'h Jcq
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KWA:sw
Enclosures
cc: Mr. Hugh Landrum
1320 South Loop West,
Houston, TX 77054
Mr. Bill Smoot
ARCO Pipe Line Company
ARCO Building
Independence, Kansas 67301
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..
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January 31, 1991
Mr. Hugh Landrum
1320 South Loop West, Suite lB
Houston, TX 77054
Mr. John Joerns
Assistant City Manager
City of La Porte
Re: ARCO Pipe Line Company
Industrial District Agreement
Dear Hugh and John:
Enclosed with Hugh's copy of this letter is copy of a proposed
Industrial District Agreement for ARCO Pipe Line Company in the
Bayport Industrial District. The originals are being sent with
John's letter, together with approval ordinance and agenda request
for City Council meeting of February 11, 1991.
I would appreciate it if each of you would carefully examine this
contract and the legal description, and advise if all is in order..
If so, I am requesting John to place the matter on the February 11;.
1991, City Council agenda for approval. ;
Yours very truly,
Knox W. Askins
City Attorney
City. of La Porte
'i
,
\.
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KWA:sw
Enclosures
...........
"-.
.
.
ASKINS &.ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77572-1218
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
KNOX W. ASKINS
.JOHN D. ARMSTRONG
January 31, 1991
Mr. Hugh Landrum
1320 South Loop West, Suite 1B
Houston, TX 77054
'@~aWl1@i.
. '~Ur
,
JAN 31 1991
ASST. CITY MANAGER
OFFICE
~. John Joerns
ssistant City Manager
City of La Porte
Re: ARCO Pipe Line Company
Industrial District Agreement
Dear Hugh and John:
Enclosed with Hugh's copy of this letter is copy of a proposed
Industrial District Agreement for ARCO Pipe Line Company in the
Bayport Industrial District. The originals are being sent with
John's letter, together with approval ordinance and agenda request
for City Council meeting of February 11, 1991.
I would appreciate it if each of you would carefully examine this
contract and the legal description, and advise if all is in order.
If so, I am requesting John to place the matter on the February 11,
1991, City Council agenda for approval.
Yours very truly,
8:4
Knox W. Askins
City Attorney
City of La Porte
KWA:sw
Enclosures
- CITY OF LAepORTE
PHONE(7131471-5020
P. O. BOA 1 1 15
LA. PORTE. TE~AS 77'572-1115
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November 29, 1990
Hugh Landrum and Associates
Attn: Hugh Landrum
1320 South Loop West
Houston, TX 77054
RE: Arco Pipeline
Dear Mr. Landrum,
I have examined the information supplied to Arco Pipeline which
you requested that Knox Askins and I review. I see no problems
with the information provided to Arco Pipeline, assuming that the
dimensions used by your office for Tract II are correct.
I have visited with Knox Askins and he offers no further comment
and sees no problems with the information.
If your have any additional questions please contact me.
Manager
JJ/cbr
xc: Knox ASkins, City Attorney
To .,..,
~ ~Ird!.f3S ·
.
~ge
, NOV 1!l 1990
A:SST. CITY MANAGER
. OFFICE
From
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· CITY OF ~A PORTE
PHONE (713) 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77571
RECEIVED
IJ-/~-9()~
COMM. DEV. .
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ENGINEERING DEPARTMENT
~JORK REQUEST
DATE: ~o
FROt4:~ - \ ~~~
TO: Z~4'i:~ #~If~
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DESCRIPTION OF WORK: -.R=~ r.dt-~ H.~' O})4';'e-
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NOTE: Use back of sheet for sketch, ,f needed l2.c:f'Wa...) ~ J...{4~e'J'l,f.~
DATE WORK REQUESTED: H.o..:>~ Uhf /'0 ! 4';;.Jc .> w t-& ok- r~/.;; ,7>..."" .il-j
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TIME REQUIRED (Man Hours):
. PERSONNEL:
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DATE COt4PLETED:
PROJECT NUMBER:
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IFORMERL Y API L A PORTE
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oi '. TRACT r 48.IIS8Aa.' -......,.,... ........;.. .............,....., "...-.,,-...........~"fI."1:~~~
i:~t, - ,:,'~;.:;;:~::~ ::::::~~;;:~~y:~5!r:~:~:.~~'~::,;'-:...ll'
! . "t~" .... ,~.. ,"':,.-' :::: DEEDED'FROMFRIENDsWoOD DEVELOPEMENTCOMPANY
II ., .... .... . ,.:' :'. '..: ./~.~. .":.'~;". 10 ATLANTIC RICHFIELD COMPANY DATED DECEMSER
W . . ". .' -. . 30.1974, AND FILED ON THAT DATE UNDER FILE.J1J1
! ....{1 . . ; . . E 334151 AND FILE CODE Nt 114-12-0'563 OF THE.'
~ ~ - .' I;-CP.. '. ':. ... ';. . "~:' OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF.;
: lJ--a....?lI. r ~: HARRIS COUNTY, TEXAS. .
- T - - --- ~ .,,' .. .'. ALL SEARINGS ARE REFERENCED TO THE TEXA S
.t-.. COORDINATE SYSTEM. SOUTH CENTRAL ZONE.
1./." 7 ,,,. So. S 1'~ · /J . f.ROM METES AND BOUN OS DESCRIPTION COMPILED
3.'1t~ /Ie. "'6.$1"~,P~€~ (Jlle~1y TURNER..~OLLlE AND BRADEN, INe. REVISED
. S"L Ii If '- ,.P. $u.;I'-~. f JL. DEC. 24,1974.
J. :.,16-'1 e-6 . SURVEY BY 8. D. YOUNG8LDOD IN .JUNE AND AUGUST.
. . /T,rftj pC.S, lJoI .1974 TEXAS REGISTERED PUBLIC SURVEYOR. Nt 1538..
-r,(. rile;. 3" "c.. I'e-IJ ARCa Pipe Line Company
... ',,,, /Ie. .f sm.P ,4,J,! IIlIIe........nlll. KI.... Dlte.I-IO-"
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- 4-5.7"7 Re. ItoJ{NaTtt.,,.1.. p,
Ma::'NOLOII
A'141
LOCATION SKlTCH
1-.8000'
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LA PORTE
~~~iION SITE
2.a"s~f" "
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ARca Pip. Line Company e
ARCa Building
Independence, Kansas 67301
Telephone 316 331-1300
Right of Way & Contract Services
e
~~
~",
. ,
November 2, 1990
lfP~WIElID
NOV U 6 1990
ASST. CITY MANAGER
OFFICE
Mr. Hugh Landrum
1320 South Loop West
Houston, TX 77054
'\, . ~
Dear Mr. Landrum:
Re: Legal descriptions required for a proposed Industrial
District Agreement involving APL's three tracts totalling
169.45 acres, more or less, in the William M. Jones
Survey, A-482, and George B. McKinstry League, A-47,
Harris County, TX. Our File: F 22 B 19.
Please find enclosed one copy of APL's Drawing No. 2.314.391 upon
which I have indicated the approximate boundary lines of "Parcel "A""
as described in the City of LaPorte's Ordinance No. 841 dated January
5, 1970. Also enclosed for your use is a copy of Special Warranty
Deed from Atlantic Richfield Company to APL which includes the
metes and bounds descriptions of all three tracts.
As we discussed on the phone yesterday, this office has no records
indicating the location of the city limits of the City of LaPorte in
relationship to our property lines on these tracts. However, if it could
be assumed tpat the remainders of those three tracts which were not
disannexed by Ordinance No. 841 and subsequently designated
"Bayport Industrial District No.1" by Ordinance No. 842 do actually
lie wholly within the city limits of LaPorte, I would conclude that all
of "TRAcr III" plus 100-foot wide strips off of the north boundaries
. of "TRAcr I" and "TRAcr II" plus all that part of ''TRAcr II" lying
south of a line being parallel and 100 feet nqrth of the south line of
the Wm. M. Jones Survey, A-482, would lie within said city limits. 1
The total acreage would of course equal much more than the 4.2 acres
which was previously estimated.
It would be greatly appreciated if you would look into this matter to
help determine or prepare whatever legal descriptions are necessary
for the subject Agreement.
;, .
e
'\
Mr. Hugh Landrum
November 2, 1990
Page 2
If I can be of any assistance, please call me.
Yours truly,
~J}~-
BILL SMOOT
BS:bb
enc1s.
cc: Mr. John Goerns, City Manager
City of LaPorte
P. O. Box 1115
LaPorte, TX 77571 (w/enc1s.)
Ms. Terri White DAB-19138 (w/enc1s.)
Mr. M. A Plake
e
1
sEP 13 '9121 14:45
FlRea INDEP
258 P02
"\ . ~'.""
;1,. ..J"
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L84B?94
e
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SPECIAL WARRANTY DEED
...
., 27":76:200'1'
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
. COUNTY OF HARRIS )
.. .00 .: ;.'~':.,~~.. L:~"..:: ""'1 . ~ i .0
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,
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That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and NollOO Dollars ($100.00) and other good and valuable I (~
consideration to it in hand paid by ARCO Pipe Line Company " .... .'
("APL"), a Delaware corporation, whose address is ARCa
BUilding, Independence, Kansas 67301 ("APL"), the receipt and
sufficiency of which is hereby acknowledged, bas granted and
conveIed and by .these presents does grant and convey unto APL
all of its right, title, interest and estate in and .to that
certain tract of land and premises in the William M. Jones
Survey., Abstract 482, and the George B. McKinstry League,
.Abstract 47, Harris County, Texas, containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and 2.803 acres,
the latter tract being embraced within the right-of-way for
Fairmont Parkway) described in Exhibit "A", attached hereto
and incorporated herein for all purposes.
,
Being the same tract of land.or premises conveyed by
Friendswood Development Company to AReO by deed dated
December 3D, 1974, and recorded in File No. E3341S1, Film
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Profrerty of Harris County,
Texas hereinafter called the tlDeed. '
. .
This conveyance is made and ~ccepted subject to:
(a) all rights, easements, restrictions, exceptions,
reservations and encumbrances whether recorded or unrecorded.
(b) . the convenants, exceptions ,. conditions, rights,
easements, restrictions, reservations t 'purchase options and
encumbrances contained in the Deed.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto APL, its
successors and assigns against every person whomsoever .
lawfully claiming or to claim the same or any part thereof,
by, through, or under ARCO, but not otherwise.
'This Special Warranty Deed has been executed on the date
of the)lcknowledgment hereto but sball be effective for all
pu~p~~~s as of the 18th day of August, 1988.
'Attest.: Atlantic Richfield. Company
.,',. .
"lk/qM-
Assistant Secretary
By
/G!
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:',"i:''''''''
. .
,-".
Senior Vice PreSident
- ARea
-
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-
St;,... l~ ''::i~ 14:46
AReo INDEP
258 P03
,-
.
.
.127 -76':2082
STATE OF tiLl.. '';';'1.'/<... )
'.' ,.. ) SS
COUNTY OF'" .c ..., (.),.' . '"'''' )
'. . 'Ii. .c.."c I..(~.._. .
Before me, < /..., pdt(. H. 1'1c'''IICft.'fI . a ,Notary PubU".
on this day persona y appeare . ~ 1',,'<.( . , , ffe'/'I/;i,' ,known to
me to be the person whose name is au 8cr e t~ t e foregoing
instrument t and known to me to be the .. .. ( ~.-<.:.. President
of Atlantic Richfield Company, a corporat on, an acknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
(Given under my hand and seal of office, this ~(?t~ day
of l '-l.ti.to( c.:..t: t 1988.
. /J
. OFFICIAL SEAL
I:JNDA M MEt<<:KBI
. · "OTARY PUBLIC - CAIJ10RNIA
UIS ... COUIfIY ,
If -. ..... .. I' I" ~
commission expires:
z. ,'~ c Co ..-t'. i.... IS /9'l.z..
... 2 -
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'1'11'i:~U INUt:t-'
258 P04
.. ".:
.
..
.
EXHIBIT "A" TO DEED
PROM
ATLANTIC RICHFIBLD COMPANY
TO
AReo PIPn LINE COMPANY
'\ 'l1"'1~lOO3 .
M~T~S AND nOUNUS UESCRIPTrON
169.1.50 ACl{ES
HILJ..IAN N. JONI~S SUllVF.Y A-l,82
C80KCE n. McKINSTRY lE^G~~, A-47
II/\lun S COUNTY t TEX.l\U
Bei,!\g th~ee tracts or parce19 containing 0. totol of 169.l.S0 acres
of ~and 1n the Willium M. Jones Survey, ^~482 and in thB George 8.
McK1.nst:ry League. A-i.7 t Harris County, Texas and being InOre partio.
cularl~ described as ',renet I. 'l'x-net II Dnd Tract III by metes and
bound.s as follows (all bearings ra.fercnceu 1:0 the '!'cxas Coordinate
System, South Central Zone):
'J.'IV\C'r 1.
BEGINNING at Copper\.leld Number.' 2856.' being the intersection of .the /)-,:
south line of Fainnont Parkway, 250 feet wide, R~ rQCQrd9d in (~
~n~'4 2 t P-a'pe-L~JT)--J.h~ed-R~H:!G~d&T-Ha:.L:.r4o--::Gettl-"L~t!it&e nnd the
east l1.ne of a 230.00 foot \-11.de llarris County l~lood Control District
. . right-of-way for Big Is land Slough as recorded in Vo1uau',! 8260 J Paga
124 j Deed Rec::ot~dG, Harris County, 'l'CK3s;
'tHENCE with the east line of snid IInrrls. County Flood Control Dis~rict
right-of-\olay, S 07015 I 39" .I~ for tl difitollCC of 1052.20 feal: to Copper-
. '-lald Number 2857, a l')olut for corner, :i.1l the east line. of said Harris
County Flood Control Uls trict right-of-\lloy, 230 feet ,,,ide;
THENCE continuing wi.th said cast line, S 3/.059' 39" E fat. a cH.stance .
..0 r: 11.1.9. 7 (j feu t:. t:CJ CClI)lHH:\'H! l.d lIullltJ(! r. I.U 5B, . n prJj n t for. cCJI:ncr.,. at.
tho intersection of l; Ie c.:nst li.u~ of: finlc.1 1I,ln:i.:; Cnunt.:y Fl.uoc.l Con~rol
;:- District right-of..way, 230.00 fecI: ,.dtle, for nil; Islanc.1 Slough and
the west line of n 100.00 foot widu Pipeline Corridor "510";
THENCE ,,,ith the west line of the afol.-cUlentioned Pipeline Corridor
"510",100.00 feet \olide, N 140t.1149" r~ for a dj.stance of 2395.58
feet to nn Exxon Pipeline Company marker. identified as HPL 127, a
point for corner, ucing the intc1."section uf: th~ ,",cst li.no of said
Corridor and the aforesaid south line of lo'nil.-.l1ont Parlc.\olay J 250 feet
wide;
THENCE .1'lith said south line, S 86052'37" \~ LIt 63.28 feel: pnssing a
5/8'" iron rod, at 1266.09 feet passing a 5/6" iron reel called Rod
2061 J 2..23 feet S 03007' 23" g, and conl:":inui ng in n 11 .for a tot'a 1
distance of 1574.52 feet to Copperueld 2856; the POIN'!' Ot:' BEGINNING'
and containing 49,366 acres of lnnd. .
TRACT II
CONl.1gNCINC; for r(!f:ln~cncc nl: Goppror\'H:l.d Nl.Illllwr. 2!lSG hed I~g t:h(!. inter- . /.
secti.on of the Bouth 1.1no uf )o'"jl:mol\t 1',11:1<.U:l}'. ~5U,U() J.C.HlL: \o/J.da, .as.. l~
-l"-eee~d-t:<l-.i:n~+""l1c...~ Gla":!.P:-rr,e-Jrl.lJL! c:t1-IUm"ITr:lnr;-nITM~tr:-er'l1n l-y t -Al~K :--
11lld thl: cn::Jl; l.iur,! uf c' Z:lU,OO fuol: ",itlt! IIlln~in C:utml:y Jo'luod Contral
District rlghl:-uf-,'Iuy rue JLl.l>> lulUlu.l ~J.c.llll'.I1 lln I:(!c:urdc.,d :In VolulUe!
.8260, Page! 12l., Deed Hccords. llnrris County. 'J'c:-:as;
THENCE with said ~outh 1illl: e)f l:'alrmunt Pndl\.my, i1 H(joSl'37t1 I~, nt
a distance o.E 157l., 52 foct PQUf\i.nl~ the \o1(,n.;t 1. i 110 (Jf I~~:xon Pipeline
- Corridor" 510", 100.00 foc t \0/1 de t &l1lc.1 con t lllui. ng in n 11 for n totn 1
SEP 13 '90 14:48
AReD INDEP
.'
: ." ~
e
258 PelS
.
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'127 ~76:2004
distance of 1679. 56 foet' to Exxon Pipeline Company Narltor identified
\ as ~PL-128! the P~INT OF BEGINNING, said ~olnt also being'on the
easterly l1ne of tho said 100.0 foot Corrldor'
,
THENCE continuing with said south line, N 86052'37" E for a distance
of 1371.92 feet t~ Copperwe1d Number 2860, a point for corner be-
l ing tho l.ntersectl.on of said sou'th'line of Fairmont l)arltway .250.00
feet wida, and tha WCHit liue of Uay[)ark Rencl, lOO.OO feet wIdo;
THENCE with said wes t line, 5 02027' 59" E for a distance of 2883.23 .
Iii feet to Coppel:wC!ld Number 2827, a (,)oint for corner, being the north-
east corner of a 60.792 acre tract of land;
THENCE with the. north line of said 60. 792 acre tract 5 87031' 40" ,.,
for a distance of 1814.53 foet to COPllCL"'o1C1d NumbC!r 2828. 4 paine
~ for corner. being the intersection of the north line of said 60 :792
acre tract and the east line of the aforesaid 230.00 foot wide
Harris County Flood Control District right-oE-way for Big Island
Slough;. .
THENCE with said eas t line, "N 34059' 3911 ,~ for a dis tnnce of 553.93
I fee~ to Coppel"'o1e ld Number 2859, a point for corner, being tho irtter-
~~I..' section t: of the east line of said HarrIs County Flood Control District
.right~o~-way, 230.00 feet wide; and the cast line of Pipeline Corridor
"510", 100.00 feet wiele;
THENCE with the eas t line 0 f said Pipe lint;! Corridor, N Ilt041'lt9" E
for a distance of 2512.56 feet to the' POINT OF BEGINNING and contain-
ing 117.281 acres of land.
TRAc'r I I I
BEGINNING at Coppen~eld'Rod Number 2856, marking the intersection ~~
~f the south line of F3irmont Park\o1ay, 250. 00 ~eet lo1ide, ..li: rQggJ;ded~~"
1n l,1g1\ifRe 36~7, P28c I,l., Pruitt1 n~('!nr{]s.J nnrr'I~ Call1lt}'J TQ1:~ with' the
e.ast line of a 230.00 foot wide Harris County li'lood Control District
ri~ht-of-l'1ay for Big Island Slough as recorded in Volume 8260. Page
l2L., Deed Rocorus, Ilnrr:is County, 'l'exus, nllld Routherly line of .
; '. Fairmont Parkway, 250.00 .feet wide, bein(; a COllunon line with the'
..... ~outh line of old Cardiff Road, ~O.OO feet wide;
'rUl::NCr:: wi I:h Selic! connllcm line, N 86052' 3 7" I~, II t ].I.91.2l. feet pansing
a 5/8" iron rod at 157'..52 feel: passing .all Exxon Pipeline Company
marker, identified as lIPL 127, on the westerly line of Pipeline
Corridor' "510" , 100.00 feet: \'lide, at 1679.56 feet passing an Exxo~
Pipeline Company Marker, identified as IIPL 128, on the easterly l1.ne
of said Pipeline Corridor "510" and continuing in all for a total
distance of 3050.58 feet to Coppe~leld Rod Number 2860 for corner,
said point being on the westerly line of Baypark Road, .100.00 feet
wide;
THENCE '\-1ith a projectisn of the to1esterly . line of said Unypark Road,
100. 00 f~et wide. N 02 27 159" \01, for a distance of 40.00 . fee~ to a
point for corner on the centerline of the 'aforesaid old Card~ff
Road, 80.00 feet wide;
THENCE with said centerline S 86052' 37" ''', a.t la58. 63 f.t.el; lutFiRJiRg- "--'(l
tJ.l-e e",l;e.t'~f. Llm ",r~LE~~ft4:c11!ip-c'J';UC-Co.rI;id8r "510'., 1.g9.O() (".:J.'~'.
,.feet llidct at 14Ci~LCi7 fo~t. rtls~itl8 the \lctlIH::rly lllle Af 88:1.[1 Pipa1inCII
..QOI..Li.lj11' ~10" nl'11 ~nl\tJ-p-qill~ -4R p"! x.o. n total distance 3053.94 .
feet to a point Cor corner, said poi.nt heinp. on n proJoct.:ion of the
easterly line Of,.....~l~ dlJw.,~aid 230.00 fout wide! Harris County Flood I A~
Control District~or lUg~slal1d Slough; C"~T)
. ,
TUENCE with the p'rojcction of said cnut:ed.y Ii.no, S 07015'3911 I~,'
for a distance of 40.10, feet to the POIN'J.' OL;' HJ~GJ.NNING and containing
-
SEP 13 '90 14:49
ARea INDEP
..
. '-1.
":"- .
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258 PEl6
.
'127-76:2005
2.803 acres of land) said tract beinl~ thu !;outherly 40.00 feet of
the aforesaid old Cardiff Road) 80.00 feet wida. .
Compiled by:
. Turner, Collie & U'rll(.1cn, Ine.
Consulting Engineers
Houston 'Port Arthur
December 6, 1974 Job ~Jo. 1659..006
Revised: December 24, 1974
fiLED FOR RECORD
8:30 A.M.
llEP 1 5 938
. -==r..-==
~ IUD .. fII ......
. ..:..."..~,.~
Cl..:ai ",f~ ~~ ~ po.~ ~
County Clerk, Hlrris ~nty, l'u,
-
RlCORDER'S IIlMORANbUM
toM)Il1'ON ntlS Tl
AT THe: '."'1 ~'OIJ..D 10 ir INADfQUATIQIt
'"l1'tUlVlim?t~APH'C Ill?RQOllC'
~~~~=rrdl
Retum 10
Mildred L. RUI8eIl, Manager
Land & R/W Dopl.
AAOO Bldg.
Independence. Kina. 8730.
\
...
~.
".
~"- H~
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
JOHN O. ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
November 19, 1993
Mr. Michael . Diakiw, Manager
Land & R' t of Way Services
ARCO 'pe Line Company
P.O Box 308
ependence, Kansas 67301-0308
AND VIA FAX HO. (316) 332-1532
Re: City of La Porte Industrial District Agreement
Dear Mr. Diakiw:
This letter will confirm our discussions at my office on November
4, 1993, concerning the City of La Porte's proposed industrial
district agreement renewal with ARCO Pipe Line Company.
As we discussed, this property was developed by Friendswood
Development Company, and is situated in the Bayport Industrial
District. ARCO's property is undeveloped land. ARCO is now
attempting to market the land to various third parties.
The restrictions of Bayport Industrial District, of which the
subject property is a part, provide that Coastal Water Authority
has jurisdiction to provide water, and Gulf Coast Waste Disposal
Authority has jurisdiction to provide waste water treatment. ARea
inquired whether the ci ty of La Porte could furnish potable
domestic water and domestic waste water treatment, to the subject
property.
The City of La Porte purchases its potable domestic water from the
City of Houston's Southeast Water Treatment Pl~nt. The City of La
Porte has a limited percentage interest in this plant, and the
plant itself has never produced at 100% of its rated capacity.
Therefore, the City of La Porte has limited potable water
resources. The City of La Porte does not sell potable water and
domestic waste water treatment services, for industrial process
purposes, but only for domestic purposes.
The City of La Porte would be open to discussing with ARCO and its
prospecti ve purchasers, a contractual arrangement, without the
necessity of annexation, for the provision of potable domestic
water and domestic waste water treatment services, to the subject
l
.
AS_S
& ARMSTRONG. P. C.
ATTORNEYS AT LAW
Mr. Michael A. Diakiw
November 19, 1993
Page 2
property. As stated, the provision of these services would be
subject to availability of water, and would contain maximum daily
and monthly limitations on water usage. Allowed usage would be
strictly domestic purposes, such as drinking water, water for
sanitation purposes, and treatment of such water, to offices, and
office-warehouse type facilities. ARCO or its customers would have
to obtain waivers from CWA and Gulf Coast Waste Disposal Authority,
as to their franchise rights on the subject property prior to the
City of La Porte providing services.
In addition, extension of water and sewer mains to the subject
property would be at the expense of the property owner.
I trust this letter furnishes the information which you requested.
If I can be of any further assistance, please advise.
~ trUl~
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
cc: Mr. B. Kelley Parker, III
Cushman & Wakefield of Texas, Inc.
1300 Post Oak Blvd., suite 1300
Houston, TX 77056
~r. Robert T. Herrera
v'~ity Manager
City of La Porte
~r. John Joerns
Assistant City Manager
City of La Porte
............. .
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()A VJ. L./J
P i (Y'-
Industrial District Agreements
Each company's packet should contain the following:
./
Agreement - signed by company. Mayor. R TH. Sue. Knox
Exhibit II A II ./
Exhibit II B II - some ~ not have this item since we kept the only one that was sent
.- u'....~ ..-..:_. .....~._.-_.~:...:~-;.....:~.:::.::......-::...:..r;.:..~..:.~.:~:.....~:...:.-:':.':... -... :'.,~..". ._...... .._
-. '-, :' ... . -.7...-.'-...-.........".. .
"-. -...-....~....._.......:.c._oe....._..._. -....y........;... ..:............ r.._"":..~.,, ...,..,...__...-..'.=.:~...~~"'.........~ --.._~,..~~.......:-.....~..._....-........._n!,._~._.._..._................... ......~ .... '. .,
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"D ..1..':1.:.. .. A.. II
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO PIPE LINE COMPANY
-(Metes and Bounds Description of Land)
See attached pages 1 through 10
.r
. ,". .
.
T 1"0':.3798
EXHIBIT .A.
LEGAL DESCRIP110N OF PROPER1Y
All that certain 12.??oo acre (522,720 square feet) tract of land out of the WOUam
M. Jones Survey, Abltract No. 482, Harris County, Tau, lame beiDa a pan of Tract .~' .
2 of a 169.450 acre tract of land conveyed to ARCO Pipe Une Company by Atlantic ; ./
Richfield Company by Deed recorded In Harris County aerlc's File No. 1.848794, ,;/
said 12.??oo acre tract beiDa more particu1arly described by metes and bounds u
follows; beariDp are bued on said Deed; .
BEGINNING at a 5/8 inch iron rod set in the south right-of-way line of Fairmont
Parkway (based on a width of 250 feet), at Its intersection with the west right-of-way
Une of Bay Park Road (bued on a width of 100 feet), for the northeast comer of
said Tract 2 and the h~reln described tract;
1HENCE, South or rr 59" East, alODg and with said west right-of-way line, a
distance of 1020.01 feet to a 5/8 inch iron rod set for the loutheast corner of the
herein described tract;
1HENCE, South 860 52' 37" West, departing from said west right-of-way line, a
distance of 512.50 feet to a 5/8 inch iron rod set for the southwest comer of the
herein described tract;
TIlENCE, North 02.27' 59" West, a distance of 1020.01 feet to a 5/8 incb iron rod
set in the said south right-of.way line for the northwest comer of the herein
described tract;
1HENCE, North 860 52' 37" Eut, along and with said south right-of-way line, a
distance of 512.50 feet and retul'lliq to the POINT OF ~EGINNING. and
containing 12.??oo acres of land. It ,
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EXHIBIT "A" Page 8
L84879tl
.
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.\ 27 -76=ZOOT
SPECIAL WARRANTY DEED
... _..~;.
I .i 1 .' ,.
STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL MEN BY THESE PRESENTS:
That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and ~0/100.Dollars ($100.00) and other good and valuable /'.l ~
cons1derat10n to it in hand paid by ARCO Pipe Line Company" .
("APL"), a Delaware corporation, whose address is ARCO
Building, Independence, Kansas 67301 ("APL"), the receipt and
sufficiency of which is hereby acknowledged, has granted and
conveyed and by these presents does grant and convey unto APL
all of its right, title, interest and estate in and to that
certain tract of land and premises in the William M. Jones
Survey, Abstract 482, and the George B. McKinstry League,
Abstract 47, Harris County, Texas, containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and 2.803 acres,
the latter tract being embraced within the right-of-way for
Fairmont Parkway) described in Exhibit "A", attached hereto
and incorporated herein for all purposes.
Being the same' tract of land or premises conveyed by
Friendswood Development Company to ARCO by deed dated
December 30, 1974, and recorded in File No. E334151, FHm
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Prop,erty of Harris County,
Texas hereinafter called the "Deed. I
This conveyance is made and accepted subject to:
(a) all rights, easements, restrictions, exceptions,
reservations and encumbrances whether recorded or unrecorded
(b) the convenants, exceptions, conditions, rights,
easements, restrictions, reservations, purchase options an~
encumbrances contained in the Deed.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights, privileges, and
appurtenances thereto in any manner belonging unto APL, its
successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof,
-by, through, or under ARCe, but not otherwise.
This Special Warranty Deed has been executed on the date
of the acknowledgment hereto but shall be effective for all
purposes as of the 18th day of August, 1988.
Attest:
Atlantic Richfield Company
I~I
e?/4~-
Assistant Secretary
By
Senior Vice President
- ARCO
......
~'i
EXHIBIT "A" Page 1
e
127 ....:ZUJ2
/ i !', I
STATE OF {Iti' {( -It.1 .)/;'(..:. )
'/ ;. ) SS
COUNTY OF. .f:'t:' (~;.~"'I:i;., )
,/. ... .
Before me, A <'//.1,,' /'1. /'1.. '//(",(-'t'lI , a Notary Public,
on this day personally appeared Nri"r.'(, ( e, /"-t'a:':.;:c. , known to
me to be the person whose name is subscr bed to~the foregoing
ins trumen t, and known to me to be the . . i.. /( ~ L Pres iden t
of Atlantic Richfield Company, a corporat10n, an acknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
.Given under my hand and seal of office, this .2cirt day
of ("' " , , ,.;t', ,: -( , 1988.
,
.,
8 OFFICIAL SEAL
l:INDA M MENCKeN
r : NOTAII'( PUBLIC - CAUFOANIA ~
LOS AIlGEUS IlOIIN1Y .
.., CIlIIIIII. IIIPIreIIM II, 1_ ~
My commission expir~s:
. Ji,"., ( _,Ot ,. i / .f., /,/,/,2:..
I '.,. -.'
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Notary PubJ.ic "..?"., It ","i.(>'J'
County, (/,( t', /t< 1,;.(..('/
,
,-
EXHIBIT "A" Page 2
- 2 -
EXIIIBI~" '1'0 DEED
FROM
ATLANTIC RICHFIELD COMPANY
TO
ARCO PIPE LINE COMPANY
e
.\ {J"7o~'2.QGJ
NETES ANn BOlHlIJS DESCIUPTlON
169.'.50 ACRES
\HU,lMl N. JONES SUltVF.Y, A-'.82
GErmeE IL NcKHlSTRY LEAGUE, A-'.7
IIAIUU S COUNTY, TE};A~
Bei.~g th:"ee tracts 01: piH"cel~ containi.ng a total of 169.'.50 acres
of ~and 1.n the Hillitllll H. Jones Survey. A-',62 and in the GeorGe B.
HcKl.nstry Leaf?l.le, A-l.7, lIarris County, Texas and being more parti-
cularly c..lescr:l.bcll as '.rract I, Tract 11 nnd Tract Ill. by metes and
bounds as follows (all bearings referenced to the Texas Coordinate
System, South Central Zone):
TRACT 1.
BEGINNI~G at Cop~et"Helcl 'Number 2856, beinf.~ the intersection of the /1 Jf}
south l~ne of Fal.rmont l'ar.k\"ay, 250 feet Hide, :11,: t'Qcor"I:Hl-:i.n (;'J/~
~me-;}64~\I-iI'W:t-L":J~-1 h:tO d-I\t:u Qll'd 6,-11 U'L:'I~G-(;e\i nl:y-;-:.L:I!1lfHt 1\ nd the
east line of a 230.00 foot wide llarris County Flood Control District
right-of-\-1ay for Uir, Island Slough as recorded in Volume 8260. Page
124, Deed Records, 1I0l:ris County, Te>:as;
THENCE with the enst Hne o[ said IInrds'. COllnty f'looll Control District
ri~ht-of-\'I~y, S 0-'015' 3911 E (or a di!it:'lI1cc of 1052.20 feet to Copper-
\-1e1d NUlllbel: 2357, n poi Ilt for corner, in the eOf,t line of said lIarris
Coun ty Flood Control Ui~ trict right -of-\.my, 230 feet \"ide;
THEHCE conti.nuinl~ ",11th said cnst line, S 31.059'39" E for a distance
of: lI.l.9.7h (Cl!t tll COl'l'nnll.d.d IIUIIII)(~r.' r.H):I, n l'ojllt flJr. c(":lle~, nt:
the interuection of: tile co:;t line or: !;nid II:.Irt:i.n c.:llllllty Fl.ood Control
.', Dis trict ri.l~ht-of-way, 230.00 fcet \.,il.le, for Hi~~ Is lanu Slough and
the Hest line o[ a 100.00 foot ""ide Pipeline COl:ridor "510"j
TIlEr.lCE \.1i th the wes t li ne 0 r: the a r:ol:cmcn tiuned Pi pe line Corridor
"510", 100.00 feet \.dde, N 1/.0',1'[,9" E for n l.Iistauce of 2395.58
feet ~o an I~xxon Pipeline Compnny marker, identified as llPI... 127. a
point for COI:Ller, hcilll~ tile intel:scction lIf: thc HCSt line of said
Corridor and tile aforesaid south line of Fnirmont Park\.my, 250 feet
wide;
THENCE ",lith said south li.ne S 86052'3711 \~ ut 63.28 feet pnssing a
5/8" iron rod, at 1266.09 f~et passing a 5/8" iron rod cnlled Rod
2061 2.23 feet S 03007 123" E t ~llld cont:lnuinl~ in all [or a total
dist~nce of: 157l..52 fcet to Coppet\-/eld 2U56; the POINT Ql;' BEGINNING
and containing '.9.366 acre:; o[ Innd.
TRACT TT
COHHI~NCIN(; for n![l~rcncc nl: Gopp(~nlC!lll lhulllwr. 'l.1\5() I)(! i I~g tit(!. inter- fi
sccti.Oll of: th(~ :wuth Hna uf Fn.il:l:lonL: I'arim:l)', ~5().1I() I.C(!t "'/lllc, ~ l'::li
..r-eei:H~'d ~d-hl-1J (.I~-II!IIt..~ 6'..:!,-P.,. r;e-/rl,-Ut! t:tl-m-;i: iiFa rr-;-n m~,~ tr:-etJt1n~l~ttti .'
n no tb l~ en B I: l.i Ill.: () r i1 Z :Hl. tin r UIl t \.Ji de 1\:110 J:i:l COllnt y F) oml Con tro 1
District r.ll:.ht-uf:-"/uy rue U.l.l~ lUl.lll1tl SlulIl'.h ;UI I:(.t:ol:tll.tl :ill Volume
8260, PDge 12l., Deed Hecortls, Harris COllllty, 'l'c:'~Og;
THENCE \.Jith !:OLlid ~Ollt" l:illt! ()[ FaLt:llIlIllt l'arl,\oIay, il .B()0)2'J71~ 1~, .nt
a distance of: 157'1.52 reet pn:;!>i.IlI; the \-Ie:;t I.iIlC ~lf E~:~Ol~ Pl.pell.ne
CI)rd.d01: 11510'1, 100.00 [eet Hitle, ..lid cOlltil1ld.II(~ 1.11 n.l..l 1:01: tI total
EXHIBIT "A" Page 3
e
'1 27-7f4Jl04
- distance of 1679. 5~ Eect to ~~xxon Pipeline Company Harker i.dentified
as nPL~128, the POINT OF ImCINNING said point also heing'on the
easterly line of thc said 100.0 fo~t COl-r.idol:; 7
T~EN~I~ c?~tinuing \-lith said south line, N 86052' 37" E [or a distance
,?.L: l~ J 1. ~2 "I~ct t'? l.:uPPc1:w7ld Number 2860, a point for corner, be-
1.ng th; 1ntersect101l of s~l1d sou'th 'line of Fairmont l'ark\-Iay, 250.00
feet w1dc, and the \-1eut b.lIc oE Bnypar.k noad, lOU.OO fuct wide;
THENCE with said \"es t line, S 02027' 59" E [or a d.i stance of 2883.23
feet to Copperweld Number 2827, a point for corner, being the north-
east corner of a 60.792 acre tract of land'
,
THENCE ~ith the north line of saiu 60.792 acre tract, 5 87031'40" \ol
for a dl.stance of l81l~.5J feet to Coppun"cld l'lumber 2828, a point
for corner, being the intersection of the north line of said 60:792
acre tract and the east line of the aforesaid 230.00 foot wide
Harris County Fl.ood Control District right-of-way for Big Island
Slough;
THENCE with said east line, N 34059'39" H for a distance of 553.93
feet to Cop[>e1.""\-leld Number 2859, a [>oint [01: corner, being the inter-
section of the cast line oj: said lIarris COlmly Flood Control Uistrict
right-of-way, 230.00 feet wide, and tile cast line o[ Pipeline Corridor
"510", 100.00 fee t" \"ide ~ .
THENCE with the east line of said Pipeline Corridor, N 1404l'4~' E
for a distance of 2512.56 feet to tilt! POINT OF UECINNUIG and contain-
ing 117.281 acres of lanu.
TRACT III
BEGINNING at Coppel\"eld Rod Number 2856, marking the intersection /J./J:J
of the south H.lle of l;':.l1rmont I'arlt\-1ay, 250.00 feet \.dde, 21: t'QGgrdQd<..~r;.
in Vglyme JG~ 2, P~tle 'd., ])QQI1 1!(lC'0I-c!C;. ",,,-r.te t'ElllRl:y, .t'QJ.::W> with the
east line of a 230.00 foot wide Harris County Flood Control District
ri~ht-of-\'1QY for (lip, Islnnd Slough as recorded in Volume 8260, Page
l21.~, Ueed Ruconls, lIarr:is County, Texas, Hiiid southerly li.ne a..f
Fairmont Park\"ay, 250.00 feet \"ide, beint~ a COlllmon line with the
~outh line of old Cardiff Road, 80.00 feet wide;
T[)ENCI~ ~-1i.th sai.el COllllnCln line, N tl60S2' J'J" E, nl: J./19 I.. 2{~ [eet pa!ising
a 5/8" iron rod at l57{~. 52 fcet pnssing an Exxon Pipeline Company
marker, identi.fied as llPL 127, on the \'lesterly line of Pipeline
Corrielor "510", 100.00 feet: \"ide, at 1679.56 feet passing an Exxot}
Pipeline Company Harker, identified as lIPL 128, on the easterly 11ne
of said Pipeline Corridor "510" and continuing in all for a total
distance of 3050.58 feet to Copperl1eld Rod Number 2860 for corner,
said point being on the westerly line of Buypark Road, 100.00 feet
wide;
THENCE with a projection of the \-lesterly line of said Unypark Road,
100.00 feet to1i.de,.. N 02027'59" \ol, for a distance of 40.00 feet to a
point for corner 'on the centerline of the aforesaid old Cardiff
Road, 80.00 feet wide;
THENCE \lIitll said centerline S 86052' 37" \oJ, .;a..t 1.JS1:. [.3 fl.t:I:: flRF:dRr,- /f--'I?
tJ.re--1:t.t~J'L'-C~;\'-J'-ki-ne-6-f-thu .t [u~ft+'.d-C~p.c.li.11c....Cu.t:u41Q-tr "Si:O", HIg. OJ.) (J.r,
feet \l~e-;--rlt l/dD ~7 r""." F"r~;C'B '-I:+E!-We-e+t=-u:ly Line AI: --sttid I':LpQHna
~u.I:""t..; 1 ,~r;10" al1}l ,"\#~-u.u.i..u:4- jp -"11 1i:g. n tot:ll dist::~nce.J05J.94
feet to a point for corneL-, :;aid point heilll~ 011 n proJectl.on of the
eas terly line 0 fr..~J}l! d'!f-aJ~Jiaid 2JU. 00 foot wide lIa rr:is COllnty Flood I Ar?
Control DistrictAXor Uig/ililunu Slough; C,LT)
. '
. 1 1 ., r: . I I 'J' L' 117oLr:')C\1I r
TllENCE \Hl.: 1 tie pro]ct:tJ.on 0: :;all C:\!jt(~1."" y Hill,". :J.., '., .
fot' a d:i.:;tallce or llU.lO [ect to the POUlT (W I\I';CI.NI'IINC nnu contain1ng
EXHIBIT "A" Page 4
e
- 2.803 acres of l'
the aforesa'u' l~nd, said tract
. 1. 0 u Cardiff
Road,
heinl~ the !;ollther)
80.00 f .y
cat \.1idc.
~ornpi.leu by:
rurncr Col)'
C ' .1.C & n . ,I
onsulting f cr" r.lucn, Inc.
Houston ,nol.neers
p
December 6 1974 ort Arthur
Revised' bee 1_ Job No. 1659-006
. emuer 24, 1974
l .
,..
-~~'~=
.i."S__r.=er.a::iii
SEP 15 1988
~~~~a...v
'W ...:=........
RECORDER'S _MOR~IIOU'"
AT THE TillE Of RlCDRDA110N THIS
'N!lTRUhlEN' WAS FOliNO fO i1E !tIADEOUA TE
FOR THEIIUlT Pt\Oll1:.RAPHIC REPAOOIlC'KJII
8fCAUSE Of ILLEGI8I1.1TY. CAReON OlIC
PtlOl0 CO". DISCOLORED "PER. Etc.
EXHIBIT "A" Pall,e 5
m~2005
l.O.OO feet of
F'LED FOR RECORD
8:30 A.M.
ISEP \ 5 SS8
C/-:A~"~' ~.
County Clllr\. Hlrril County, TIIII
Retum to
Mildred L Russell M
, . Ilnager
Land & R/W Dept.
ARCO Bldg
Independence, Ka~88 6730'
- ,.;
.... .
.
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P001997
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.,.T6=42::3796
SPECIAL WARRAN'IY DEED
STATE OF KANSAS ) .
J
COUNTY OF MONTGOMERY).
KNOW ALL MEN BY TIiESE PRESENTS
12/15/92 Oui315!! ~OOl~v7 . !j.Q~
That ARCO Pipe Line Company, a Delaware corporation authorized to do business
in the State of Texas (hereinafter called "Grantor"), for and in consideration of the sum of
Ten and NO/100 DoUars (S10.00) and other good and valuable consideration to it in hand! ; ~ .
paid by CBSL Transportation, Inc" a Texas corporation (hereinafter called "Grantee"), ...r-'-<-
hereby grants, sells and conveys unto Grantee, subject, however, to the reservations,
easements, interests or encroachments bereinafter described, all tbat certain property in the
County of Harris, State of Texas, described on Exhibit "A" hereto and incorporated herein
by this reference (hereinafter referred to as the "Property").
This Special Warranty Deed and the conveyance hereinabove set forth is executed
by Grantor and accepted by Grantee subject to the maUers described in Exhibit "B" hereto
and incorporated herein by this reference, to the extent same are validly existing and
applicable to the Property (hereinafter collectively referred to as "Permitted Exceptions").
,....""'
\7
UNDER AND SUBJECT to any and all re!;trictive covenants, easements, rights of
way or other encumbrances affecting the land hereby conveyed whether the same are
recorded or unrecorded, and to the Penniued Exceptions.
. .
I,),
I
\
.
/
TO HA VE AND TO HOLD the above-described Property, together with all and
singular the rights and appunenances thereto in anywise belonging, unto the Grantee, its
successors and assigns, forever. And Grantor does hereby bind itself and its successors and
assigns to warrant and forever defend the said property unto the said Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any
part tbereof, by, through or under Grantor but not otherwise. ~ ~
UNDER AND SUBJECT, nevertheless, as aforesaid.
1992.
IN WITNESS WHEREOF, this Deed has been duly executed. Dated: December 14,
Attest:
ARCO Pipe Une Company
~~: :
.::~<C~!~~~fe~.'. .~~ ---
...... . ." r.... .~ .... ...
. ... .. .:/ .
',..'; :'.:... .~.> C. ~SJiton .
;:: : . ::~ Afsi~f Secretary'
.:.;;;:;":'!:".~t~t~~ .../......
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t,.:;.':' ...~;" ""~\. 1'~'
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~
Ao~.~
Norman R. Bennett ~
Vice President
STATE OF KANSAS )
) 55
COUNTY OF MONTGOMERY)
Be it remembered tbat on tbis 11th day of December, 1992, before me,
Victoria V. Hernandez , a Notary Public, personally appeared Nonnan R. Bennett,
the Vice President of ARCO Pipe Line Company, a corporation, who is personally known
EXHIBIT "A" Page 6
HOLD FOR CHARTER TITLE COMPANY
e
T16=.797.
to me, and who executed the foregoing instrument, and he duly acknowledged the execution
of the same for and on behalf of and as the act and deed of said corporation.
I I~l!t'itness whereof, I have hereunto set my hand and rlXed my seal the dale and year
ove w,z:1tten. it.
.~'~....,. ,1-' .
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A-'" ': .~""; ',;:. .;1~~ . .
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l~kp' ~B:f\fl::,,} '.,'::
. .~.. U..ft.I... .,. .'
a;...~~. j::::o.:l..: ...~~. ~;~;" ~ "
'. t'~'~My'~coDiinissi9n expires:
"...'"'1,.. \:
, :3-=25-94 ,
I
!
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921Z10ZI"CCAII\DEED\C8S1.11I.UlSP-.....
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EXHIBIT "A" Page 7
e
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"EXHmIT A-I"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO PIPE LINE COMPANY
City arid Company agree that the real property of Company, more particularly described on
Exhibit "A" of this Industrial District Agreement, is presently unimproved, and unannexed to
City, ~xcept for existing "strip" annexations, if any. City and Company further agree that
paragnJ,ph II hereof is hereby amended to provide that during the term of this Industrial
Distric~ Agreement A that City will not annex said property; provided, however, City reserves
the right to conduct "strip" annexations as may be required by law in connection with
annexaUon of land other than that owned by Company. For the period of time such real
property remains unimproved, Company agrees to render to City and to pay as "in lieu of
taxes" ;on Company's said unimproved land, an amount equal to the sum of 100% of the
amount of ad valorem taxes which would be payable to City if all the hereinabove described
propertY of Company had been within the corporate limits of City and appraised each year by
City's independent appraiser.
I
The pr~visions of the preceding paragraph hereof shall remain in full force and effect during
the ter~ of this Industrial District Agreement; provided, however, at such time as Company
commepces improvements to Company's hereinabove described real property, Company shall
be enti,tled to pay an amount "in lieu of taxes" on Company's land, improvements, and
tangible personal property on the above described property, in accordance with Paragraph III
I
of this Jndustrial District Agreement. .
I
i
Exceptias amended by the terms and provisions of this Exhibit "A-I", the terms and provisions
of the Industrial District Agreement, to which this Exhibit" A-I" is attached, shall remain in
full foice and effect for the term of this Agreement, expiring on December 31, 2000, unless
extend~ for an additional period or periods upon mutual consent of Company and City as
I
provided by the Municipal Annexation Act as set forth in Paragraph IV hereof.
1I/JOlll3-ZfCNSE\WlNWORDIAGR\CBSLIlNDUST2
.
..
\
to.
.
.
"EXHIBIT B"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE .
AND
ARCO PIPE LINE COMPANY
(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.)
'-
~
.
'/T6=.3799
EXHIOIT wow
PERMITl'ED EXCEPTIONS
1. All restrictive covenants, easements, rights of way and other matters de~cribed in the
Owner's Title Policy furnisbed to Grantee by Grantor on this date, including without
limitation the following:
a. Pipeline right of way easement 50 feet wide located along north property line,
granted to Exxon Pipe Line Company by instrument filed for record under
Clerk's File No, E 087645 of tbe official Public Records of Real Property in
Harris County, Texas.
b. All oil, gas and other minerals, the royalties, bonuses, rentals and all other
rights in connection with same are excepted berefrom as set fortb in
instrument dated October 25, 1967 reserved by Exxon Corporation flea
Humble Oil '" Refining Company recorded in Volume 6973 Page 503 of the
Deed Records of Harris County, Texas and filed for record under Clerk's File
No. E 334151 of the Official Public Records of Real Property of Harris
County, Texas, Waiver of surface rights contained therein, Title to said
interest not checked subsequent to date of aforesaid instrument.
c. Terms, conditions and provisions of that certain Agreement by and between
Friendswood Development Company and Atlantic Richfield Company
contained in instrument dated December 30, 1974 filed for record under
Clerk's File No. E 334151 of the Official Public Records of Real Property of
Harris County, Texas.
d. Tenn~, conditions and provisions contained in that certnin Environmental
Standards for the industrial area known as Bayport, Harris County, Texas,
recorded in Volume 5920 Page 165, of the Deed Records, as amended by
instrument dated June 15, 1971 recorded in Volume 8470 Page 238, of the
Deed Records, and as further amended by instrument dated May IS.; ~973
filed for record under Clerk's File No. D 876057 of the Official Pbblic
Records of Real Property of Harris County, Texas and excepted to by
instrument dated December 30, 1974 filed for record under Clerk's File No.
E 334151 of the Official Public Records of Real Property of Harris County,
Texas.
e, Building set back line of 25 feet along the south and west property lines, as
set out in instrument recorded in Volume 5920 Page 165 of the Deed Records
of Harris County, Texas and as shown on survey dated December 3, 1992,
prepared by Saib Y. Saour, R.P.LS. .. No. 3540.
f, Building set back line of 25 feet located south of and adjacent to the south
line of the heretofore mentioned 50 foot wide Pipeline located along the
north property line, as set in Volume 5920 Page 165 of the Deed Records of
Harris County, Texas and as shown on survey dated December 3, 1992,
prepared by 8aib Y. 8aour, R.P.LS.. No. 3540.
g, Building set back line of 50 feet along the east property line, as set out in
instrument recorded in Volume 5920 Page 165 of the Deed Records of Harris
County, Texas, and as shown on survey dated December 3, 1992, prepared by
5aib Y. Saour, R.P.LS.. No. 3540.
EXHIBIT "A" Page 9
.
.llb-4Z-3SQO
e
~
h. Exxon Pipeline marker lying south of and outside of the hereinahove
mentioned 50 foot wide pipeline corridor, as shown on survey dated
December 3, 1992, prepared by Saib Y. Saour, R.P.LS.. No, 3540.
2. Real property taxes against the Property from the current year have been prorated
and the payment thereof of such taxes after the date of closing is expressly assumed
by Grantee.
CD
fl-:,a~~ ..
COUN'~ C\1III.
HARRIS COUNTY. TElIAS
.
. .
.
EXHIBIT "A" Page 10