Loading...
HomeMy WebLinkAbout93-IDA-21 ~- . ORDINANCE NO. 93-IDA-21 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GREIF BROS. CORPORATION, FOR THE TERM COHHENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; KAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. GREIF BROS. CORPORATION 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 City 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 subj ect 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. . . ORDINANCE NO. 93-IDA-21 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of February, 1994. CITY OF LA PORTE By: ~~ No an L. a ne, Mayor ATTEST: ~ ;;L.J Sue Lenes, City Secretary AP~~ Knox W. ASkins, City Attorney CURRENT NAME Greif Brothers It . PREVIOUS NAME & DATE e CITY OF L4l PORTE PHONE (7131 471.5020 . P. 0, Box 1115 . LA PORTE, TEXAS 77572 February 15, 1994 Greif Brothers Attn: Dan Blomker 1821 University Avenue st. Paul, MN 55104-3198 Re: city of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Blomker: 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: G?~ T. ~ Robert T. Herrera City Manager RTH:sw Enclosures SENDER: · Complete items 1 and/or 2 for additional services, I also wish to receive the · Complete items 3, and 4a 8< b, fol/owing services (for an extra co · Print your neme and address on the reverse of this form so that we can fee): .M return this card to you, ? · Attach this form to the front of the mailpiece, or on the bsck if spsce 1. 0 Addressee's Address Jl does not permit, "" · Write "Return Receipt Requested" on the mailpiece below the article number, 2. 0 Restricted Delivery .i~ · The Return Receipt will show to whom the article was delivered and the date ~ delivered. Consult ostmaster for fee. ~ 4a'pArticle Number -- a: D- 7/~-1'il S ~ .... 4b, Service Type ~ o Registered ~rtified o Express Mail /.......... +- "- II :g fIJ II f !: l! CD .r:. .. c o i .. II Q. E o u U) U) ~ a: C c c( ~ 5. ::) I- ~ 6. Signature (Agent) ... ::I o >- PS Form .! ~fl~a-~1::t~ ) ~.2lUk..I\lUs~4--y A V~ ~+& ~ I) /Y)I\) S JO~- J'1Ci' 11. December 1991 1l'U.s. GPO: 1~.714 ,r-'. -_"'_"._40' 7, ~ t: 'iij ::l ., CJ .... 8, DOMEST URN RECEIPT e e \ NO. 93-IDA-.!l { { STATE. OF TEXAS { { 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 G'R€:e F= 01lC>::S. Co/.'PtlJP. A:i:1;pJ.j , a -Vi: L.,A I.VA~&e. corporation, hereinafter called "COMPANY", WIT N E S. SET 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 wi thin a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a si te layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said 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 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by city, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unan:nexed 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, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 e e property in the ann~xed 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 written 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") . . 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 be~within the corporate limits of City ana- appraised each year by Ci ty · 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, 199.-8.., January 1, .--- . . 1999, and January 1, 2000, had been wJ.thJ.n the corporate limits of City and ap~raised each year by 3 e e \. City's independent appraiser; 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 (~ of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and .appraised by City's independent appraiser. . (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. (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 3. (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 4 e e 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 ci ty · s ad valorem taxes on -the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 1994, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before'August 31, 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 will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreeI1.1ent 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 5 e e 'of the difference between ~he 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, subj ect 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 penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held"to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other 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. 7 e e 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 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. 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. ~ ~€.t t=- "g ~, c'o (:YO fU, rroA/. (COMPANY) By: ATTEST: ~~ City se~retarY . ~D: ~ r---- Knox W. Askl.ns City Attorney City of La Porte P.O. Box 1218 LaPorte, TX 77572-1218 CITY OF LA PORTE By: ~-/~t~ ' rman L. Malo 'e Mayor By: G?~ T. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (713) 471-1886 Fax: (713) 471-2047 8 e e ESTABLISHED 1877 GREIF BRos. CORPORATION NORCO DIVISION - WEST COAST DIVISION GBD. GENERAL OFFICES 1821 UNIVERSITY AVENUE ST, PAUL, MINNESOTA 55104-3198 61 2-645-5557 January 12, 1994 Mr. Robert T. Herrera City Manager City of La Porte 604 West Fair.mont Parkway P.O. Box 1115 La Porte, TX 77572-1115 RE: INDUSTRIAL DISTRICT AGREEHElft Dear Mr. Herrera: Enclosed are two signed copies of the Industrial District Agreement fram Greif Bros. Corporation. Also included is the Exhibit B, plat for the original building and land. Exhibit A, metes and bounds description for the original building and land, is the same, and the one previously submitted applies. We have included the Exhibit A, Metes and Bounds, for the vacant land adjacent to our property. Please contact me at (612) 645-5557 if you have any questions. Sincerely, D-t3~ Dan Blomker DBlte Enc. cc: M. Jumper e . RECEIVED. ESTABLISHED 1877 NOV 1 1993 CI TV MANAGER.S OFFICE GREIF BROS. CORPORATION NORCO DIVISION - WEST COAST DIVISION GBD. GENERAL OFFICES 1821 UNIVERSITY AVENUE ST. PAUL, MINNESOTA 55104-3\98 6\ 2-645-5557 October 27, 1993 Mr. Robert R. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 [Fax No. (713) 471-7168] BE: CIn OF LA PORTE PROPOSED IlmUSTRIAL DISTRICT AGREED1ft', ~D OCTOBER 22, 1993. Dear Mr. He~rera: Greif Bros. Corporation has received and reviewed the City of La Porte's proposed industrial district agreement dated October 22, 1993, for the term of January 1, 1994 through December 31, 2000. By this Letter of Intent, our firm expresses its agreement to complete, execute and deliver to the City, the City's proposed form of industrial district agreement, with appropriate attachments as Exhibit "A" and Exhibit "B", at the earliest possible date. This Letter of Intent is given by our firm to the City of La Porte at this time, with the request that the City of La Porte not include our firm's land in any annexation proceedings. Our firm understands that the City of La Porte, in reliance upon this letter, will not include our firm's land in the proposed annexation proceedings. Yours very truly, GREIF BROS. CORPORATION By: ,. \. . CITY OF LA PORTE PHONE (713) 471,5020 . P. O. Box 1115 . LA PORTE, TEXAS 77572 February 24, 1994 Greif Bros. Corporation Attn: Mr. Dan Blomker 1821 University Avenue St Paul, MN 55104 RE: Industrial District Agreement (IDA) Exhibits Dear Mr. Blomker: A fully-executed Industrial District Agreement together with the approval ordinance are enclosed. As part of the document preparation, the City examined Exhibits II A II and liB II furnished by your finn. While reviewing the documents, we found that only one (1) copy of Exhibit II B II was furnished. The City has retained this exhibit for filing with its copy of the Industrial District Agreement We trust that you will secure Exhibit liB II to complete your copy of the Industrial District Agreement. Thank yoti for your assistance in completing these de>cun.1ents. Sincerely, G<~ T, ~ Robert T. Herrera City Manager RTHjcjb Enclosures cc Jeff Litchfield, Finance Director IDA File #93-IDA-21 -- . ASKINS & ARMSTRONG. P. C. ATTORNEYS AT LAW 702 W. FAIR MONT PARKWAY P.O. BOX 121B LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS .JOHN D. ARMSTRONG TELEPHONE 713 471-IBB6 TELECOPIER 713 471-2047 January 20, 1994 R~C~I\I~Q l JAN 2 1 1994 C.., MANA r(J~DCE GER$ Mr. John Joerns Assistant City Manager City of La Porte City Hall La Porte, Texas Re: Greif Bros. corporation Industrial District Agreement Dear John: I enclose original of Greif Bros. agreements; approval ordinance; and cover letter for City Manager. John, I have pulled the 1986 file, and I enclose a copy of a 1986 letter from Greif Bros. Corporation to me, which had the legal description for the former contract. We have retyped this as Exhibit "A-1" and attached to each of the agreements. We have attached the legal description on their new adjoining tract, as Exhibit "A-2" to each copy of the agreement. Please have engineering check the two legal descriptions against the plat, to make sure everything attached is in order. When approved by engineering, please give to Sue for inclusion on the February 14th agenda. Y~rs very truly, ~ Askins City Attorney City of La Porte KWA: sw Enclosure . ... ..' . .._-........ . .... ... , .. _" ._,......., ."_.._.., ,,._._ ... _ " .' " .., .. , e" ' .. ,... . , , ',' . : . ..: '.." .' ....... It~.....,.._...~.:--.._......_. ....._........ -.r_'~.~~._ ........__. .,...._.._.. .._._._.., _ \: , . ., . .... -....r _ '.,u,. . _.__...-:_. ._' ~~ \6# vatS, Industrial District Agreements Each company's packet should contain the following: Atter' offering the agreement and certified copy of ordinance ,/J\ letter requesting action / / /' J ~ment - sigqed by company. Mayor. RTH. Sue. Knox Exhibit II A II -1 i 11--:L ~ 0 / ~xhibit "B" - SOlI1e will not have this item since we kept the only one that was sent . :-.... -.... _.................:-....-......~.a=.:.:...:.:.......=.;::~..~ "~"':.::'~..:'...:.:;,:::':'".::::::......."':-.;:... '-':;' :........._..:.._......_.. ~...~:.....~::.v..--:-~-:-....:i..!":.. .'-=-':"'!"-:~--=-......... . , ..... ~.- ...r.~~""~~~..__...-:--..._..-.-,....,,~~....,.""t~(aI.._................:-.....,.. ...........-.....-r~~.;.-.;,.~.....~:w":'"'::"-'.~_~...-...~__~......._...~. '. _-:'. . '" :i-:!:..' _.... . _. :-. ..... .... .,;; -.-.': ...:....--:';"";'::'...;..:~.~:...~..... :....._... . ..u_...... ...:..."J.....i.~........... _...~.....:. ..:...:.....;.;......~:.~ .: ....... . ..... '.-"-'- -..... ..-..... -.. - .-......- . . \ "EXHIBIT A'~ TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND (Metes and Bounds Description of Land) 9 . e ESTABLISHED '877 GREIF BROS. CORPORATION Noaco DIVISION GBD SOUTHWESTERN DISTRICT OFFICE 10700 STRANG ROAD P.O. BOX 907 LA PORTE, TEXAS 77571 713-471-0731 August 29, 1986 Mr. Knox W. Askins, J. D., P. C. Attorney at Law 702 W. Fairmont Parkway P. O. Box 1218 La Porte, TX 77571-1218 Dear Mr. Askins: In response to your letter of August 27, 1986, please find enclosed the legal description of Greif Bros. Corporation's La Porte, Texas plantsite. Lot 15, of Strang Subdivision in the E-BRINSON survey, abstract No. 5 in accordance with Plat of said subdivision recorded in Volume 75, Page 22 of the Harris County Deed Records, and being the same property conveyed by the Bank of the Southwest National Association, Houston to the Greif Bros. Cooperage Corporation by deed dated November 16, 1961 and recorded in Volume 4554, Page 28 of the deed records of Harris County Texas. Should you need additional information, please let us know. Best regards, GREIF BROS. CORPORATION )JUA~ M. M. Bixby Vice President ---....... MMB:lc . . EXHIBIT "A-1" Lot 15, of strang Subdivision in the E-BRINSON survey, abstract No. 5 in accordance with Plat of said subdivision recorded in Volume 75, Page 22 of the Harris County Deed Records, and being the same property conveyed by the Bank of the Southwest National Association, Houston to the Greif Bros. Cooperage Corporation by deed dated November 16, 1961 and recorded in Volume 4554, Page 28 of the deed records of Harris County, Texas. . . EXHmIT "A-2" 2.707 ACRE TRACT METES AND BOUNDS DESCRIPTION - Being a 2.707 acre (117,928 sq.ft,) tract of land comprising ,part of Lot 16, Strang Subdivision (Volume 75, Page 22. Harris County Hap Records) in the Enoch Brinson Survey, A-5, Harris County, Texas. The 2.707. acre tract as surveyed by H. Carlos Smi th, Engineers & Surveyors, Inc.., on November '8 thro.ugh 11, 1988, is more particularly described by metes and bounds as follows: Commencing at a 1/2 inch iron pipe tound on the original East right-of-way line of Miller Cut Oft Road (based on a width of 60.00 feet) and the North line of the 40 feet wide T. & N.O. Railroad right-of-way; said corner being the Southwest corner of that certain Tract II as conveyed by Pilot Industries of Texas, Inc., to J.S.P. Properties Group on August 23, 1976 (Barris .' County Clerk's File No. E 880450). Thence, East; coincident with the South boundary line of Tract II and North line of said T. & N\O. right-of-~ay a distance of 50.00 feet to a 5/8 inch iron rod set for the Southwest corner of this 2.707. acre tract and the POINT OF BEGINNING; and from which a chain link fence corner was found 2.1 feet North and 0.8, r Jt West. Th~nce, North 0 degrees Q1 minutes 49 seconds East (Call . North 0 degrees 02 minutes East) coincident with the East boundary line of Tract II (Trac~ II being the West 50 feet of Lot 16 as awarded to Harris County as a right-of-way for construction and maintenance of a County Road,. Condemnation proceeding Cause 'No. 25,446, and recorded in Volume 752, Page 628, H.C.D.R.) and the West boundary line of Trac~ I (Call 9.303 Acres) (B.C.C.F. '~o. E 880450); a distance of 245.00 ~eet to a 5/8 inch iron ro~ set for the Northwest corner o~ this 2.707 acre tract. Thence, East; a distance of 373.18 feet to a 5/8 inch iron rod set for a point for corner. Thence, North 68 degrees 12 minutes 09 seconds East; a dis~ance of 107.72 feet to a 5/8 inch iron rod set for the Northeast corner of this 2.707 acre tract. . " Thence. South ~ degrees 01 minutes 49 seconds West (Call South 0 degrees 02 minutes West); coincident with the East boundary lines of said Tract I and Lot 16 and the West boundary line of Lot 15; passing at 40.00 feet a 5/8 inch iron rod set on line; for a total distance of 285.00 feet to a 5/8 inch iron rod set for the Southeast corner of this 2.707 acre tract and from' whi~h a chain link fence corner was found 1.35 feet North and 10.1 feet East. Thence, West; coincident with the South boundary line or said'Tract I and the North line ot said T. & N.O. Railroad right- of-way; a distance ot 473.18 feet (Call 473.3 feet) to the'.POINT ,,~ n~~'?,."".,.,,~ oJ . e "EDIBIT B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND (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.) 10