HomeMy WebLinkAbout93-IDA-30
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ORDINANCE NO. 93-IDA-30
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH WITCO CORPORATION, FOR THE
TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000 ;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
WITCO 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
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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ORDINANCE NO. 93-30
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 7th day of November, 1994.
CITY OF LA PORTE
By: k~"/~
Mayor
ATTEST: ~
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Sue Lenes,
City Secretary
AZ;D~
Knox W. Askins,
City Attorney
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CURRENT NAME
PREVIOUS NAME & DATE
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Pearsall Chemical Division, Witco
P 380 718 242
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POSTAL SERVICE
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Certified Fee
Special Delivery Fee
Restricted Delivery Fee
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a; . Attach this form to the front of the mailpiece, or on the back if space
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1 . Write "Return Receipt Requested" on the mailpiece below the article number.
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CITY OF f!A PORTE
PHONE (713) 471,5020 . P. 0, Box 1 1 15 0
LA PORTE. TEXAS 77572
November 8, 1994
witco Corporation
Attn: Howard Heard
c/o Clarke & Company
13201 Northwest Freeway, suite 503
Houston, TX 77040-6023
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Heard:
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 Porte1s 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
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NO. 93-IDA- 30 {
{
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 WIre 0 CoR po2-A-TJo;J
, a V~L-AwM(-~ corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the city Council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this city Council as being in the best interest of the
city and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and 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
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 h~rein 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 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
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 persona I property in the unannexed
area shall be conducted by city, at city's expense, by an
independent appraiser of City's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) 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
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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
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 un annexed 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 wi thin the
corporate limits of City and appraised each year by
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City's independent appraiser; and
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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'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, 199~; 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
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of leased equipment, . railroads, pipelines, and
products in storage located on the Land, if all of
said tangibl~ 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 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 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 will waive the right to require City to
comply with any such additional restrictions or obligations and the
rights of the parties shall be then determined in accordance with
the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994. .
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it. is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by city or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and 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 o~ the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs. .
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) 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
controll'ing 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
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. of the difference b'etween 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 sha.ll 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
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 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. 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 of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validi ty of the remaining parts of this Agreement shall not be
affected thereby.
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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.
ATTEST:
A,~D~
Knox W. Askins
city Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone:
Fax:
(713) 471-1886
(713) 471-2047
By:
By:
By:
NT 07b15
CITY OF LA PORTE
~~~~~~
'No man L. alone Y
Mayor
Q~\l~
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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CLARKE AND COMPANY
Ad Valorem Tax Consultants
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
(713) 462-7744
(FAX) 462-7781
Commercial Real
and Personal
Property
Oil, Gas and
Industrial
Property
May 20, 1994
RE: Witco Corporation
Industrial District Agreement
RECEIVEQ
MAY 2 3 199d
CITY MANAGERS
1_ OFFICE
I
Robert T. Herrera
City Manager
City of La Porte
P. o. Box 1115
La Porte, TX 77572-1115
Dear Mr. Herrera
Enclosed are two signed copies of the Industrial Agreement by
Witco Corporation.
Witco is in the process of searching for a metes and bounds
description of the real estate.
This information will be sent on to you as soon as it is
located.
Thanks for your understanding in this matter.
Yours very truly,
~~~1
Howard B. Heard, Jr.
HBHJ/plm
ttU-1 J S-02.3-~1
No Exl/~/-J-
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Witeo
.
Witco Corporation, P.O. Box 8587, Woodcliff Lake, New Jersey 07675 Telephone 201-573-2800
RECEIVED,
October 27, 1993
OCT 2'9 1993
Ci ff MANAGERS
OFFICE
.1'-1~. Rebert. T. 1-I::;:rrer&
city Manager
city of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
Re: city of La Porte Proposed Industrial District Agreement,
Dated October 22, 1993
Dear Mr. Herrera:
witco Corporation has received and reviewed the city of La Porte's
proposed industrial district agreement dated October 22, 1993, for
the term January 1, 1994, through December 31, 2000.
By this Letter of Intent, our firms 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 firms's land in any annexation proceedings. Our firm
understands that the city of La Porte, in reliance upon this
letter, will not include our firms's land in the proposed
annexation proceedings.
Your very truly,
WITCO CORPORATION
By:
;Ujv-J
Authorized Officer
Ron Balsamo
Tax Manager
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(Revised:
06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~
CITY OF LA PORTE ~
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
Pearsall Chemica] Corporation
, a New Jersey
corporation, hereinafter called "COMPANY",
W I, T N E SSE T H: That
WHEREAS, it is the established };Jolicy 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 7 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:
PT LTS 36 37 38 TR37A (020* PT 36-38)
E. BRINSON - STRANG
ACREAGE
20.0000
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
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. 842, designating portions of the area lo-
cated in its extraterrito~ial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively calied "Dis-
trict," such Ordinances being in compliance with the Municipal Annex-
ation Act of Texas, Article 970a, Vernons 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.
Ci ty 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
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Industrial District Agreement - 3
the foregoing and to the later provisions of this Agrement, 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 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 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) prescri-
bing 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.
A portion of the hereinabove described property has heretofore
been annexed by City. Company has filed with City, coincident with
the execution hereof, its petition to City to annex an additional
portion of the hereinabove described property, to the end that twenty-
five percent (25%) of the total value of the land and improvements
hereinabove described shall be annexed to 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.
of the 65th Texas Legislature, Regular Session, 1979, as
621, Acts
amended) ,
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Industrial District Agreement - 4
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 unannexed) 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 pro-
perty.
Company also agrees to render to City and pay an amount "in lieu
of taxes" on company I 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 I, 1986, resulting from new construction and
new acquisitions of tangible personal 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
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Industrial District Agreement - 5
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 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, 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 agrement, 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 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, 1980.
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Industrial District Agreement - 6
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 wi thin 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 Agrement.
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 is agreed that presently the
ratio of ad valorem tax assessment 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
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this l}greement shall preclude such protest and
company shall have the right to take all legal steps desired by it to
reduce the same.
Nothwithstanding 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 Agrement 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 penal ties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser 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 appraisal
made by said independent appraiser shall be final anQ 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
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Industrial District Agreement - 8
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 I 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 I s valuations rendered and/or submitted to City by Company
hereunder, or the total asses sment 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 I s property for calculation of the 11 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
render its
written
decision as promptly as
practicable.
shall
That
decision shall then be final and binding upon the parties,
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Industrial District Agreement - 9
subject only to judicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's Annot-
ated 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 imposs ible 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 II in lieu of taxes II
payments hereunder, which shall accrue penalty and interest in like
manner as delinquent taxes, and which shall be collectible by City in
the same manner as provided by law for delinquent taxes.
VIII.
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 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.
It
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Industrial District Agreem~nt - 10
IX.
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 not 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, Sub-
paragraph 3 (2) hereof.
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Industrial District Agree~ent - 11
XI.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, articles or other parts of this Agreement or
the applicaton thereof to, any person, firm, corporation or circum-
stances 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 partes 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 this 1st day of June, 1986.
ATTEST:
Pearsall Chemical Corporation
(COMPANY)
._:---~///) . _ /y,/J
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(....000-- / -.
Asst. Secreta:r;-_y"
/
BY Q~TIc::L-~~
Name: peJ r J. Biancotti
Name:
F. Allan Meese
Title:
V.P. & Controller
Address: 520 Madison Avenue
New York, New York 10022
APPROVED
Name:
Address:
Telephone:
.
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Industrial District Agreement - 12
ATTEST:
~~
Cherie Black, City Secretary
APPROVED BY COUNSEL:
KNOX W. ASKINS, City Attorney
702 West Fairmont Parkway
Post Office Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
(Revised: 06/86)
.
CITY OF LA PORTE
BY
BY
CITY OF LA PORTE
Post Office Box 1115
La Porte, Texas 77571
.,'
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CITY OF L! PORTE
PHONE (713) 471.5020 . P. O. Box 1 1 15 Cl LA PORTE. TEXAS 77572
'.
t
November 18, 1994
Witco Corporation
Attn: Mr. Howard Heard
c/o Clarke & Company
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
RE: Industrial District Agreement (IDA) Exhibits - Witco Corporation
Dear Mr. Heard:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. While reviewing the documents, we noticed that only one (1) complete set of
Exhibits "A" and "B" was furnished.
The City has retained these Exhibits for filing with its copy of the Industrial District
Agreement We trust that you will secure Exhibits "A" and "B" to complete your copy of
the Industrial District Agreement.
Thank you for your assistance in completing these documents.
Sincerely,
~/.~~
Robert T. Herrera ,
City Manager
RTII/cjb
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-30
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Commercial Real
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CLARKE AND COMPANY
Ad Valorem Tax Consultants
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
(713) 462-7744
(FAX) 462-7781
Oil, Gas and
Industrial
Property
October 21, 1994
Mr. John Joerns
Assistant City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77571-1115
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r 24 1994 \~~i
ASST. CITY
OFFIWNAGfR
RE: Industrial District Agreement
Witco Corporation
Dear Mr. Joerns:
Enclosed is a copy of the Survey and Metes and Bounds of
the property.
If you need any additional information, please do not
hesitate to contact me.
Yours very truly,
~~::~~~1
HBHJ/plm
Enclosure
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CLARKE AND COMPANY
Ad Valorem Tax Consultants
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
(713) 462-7744
(FAX) 462-7781
Commercial Real
and Personal
Property
Oil, Gas and
Industrial
Property
October 17, 1994
John Joerns, Assistant City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
RE: Industrial Agreement - Witco Corporation
Dear Mr. Joerns:
Enclosed is a copy of the General Warranty Deed with the Metes
and Bounds description of the Witco plant.
We are in the process of getting a plat of the plant and will
forward to you when available.
We are sorry for the delay in getting this information.
Yours very truly,
~~~-d m/ /?/f
Howard B.~/
HBHJ/plm
Enclosure
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:City .of La P.orte
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September 30, 1994
Witco Corporation
Attn: Howard Heard
c/o Clarke & Company
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
Re: Industrial District Agreements
93-IDA 30
Dear Mr. Heard:
As of September 29, 1994, the City of La Porte received both Industrial District
Agreements executed by Witco Corporation officials. However, Exhibit" Anand "8"
are still outstanding.
As indicated previously, the City recognizes the search for the requested information
may be lengthy. However, City Council must delay execution of Witco's Industrial
District Agreements until both Exhibit "A" and "8" are received.
Your cooperation in completing these documents is appreciated.
Thank you.
Sincerely,
JJ/jm
--------.
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City of La Porte
Eswblishcd 159.2
August 12, 1994
ATTN Mr. Howard B. Heard, Jr.
Clarke and Company
13201 Northwest Freeway, Suite 503
Houston, Texas 77040-6023
RE: Witco Corporation I s Industrial District Agreement (IDA)
Dear Mr. Heard:
On May 23, 1994, the City of La Porte received both Industrial District Agreements
executed by Witco Corporation officials. However, as of this date, Exhibits "A" and" B "
still are outstanding.
Although the City recognizes the search for the requested information may be lengthy, City
Council must delay execution of Witco' s IDA's until Exhibit "A" is received.
Please contact Assistant City Manager John Joerns if Witco Corporation needs assistance
to expedite the delivery of Exhibits "A" and "B".
Sincerely,
QL~j: "T. ~v~'--(;-/
Robert T. Herrera
City Manager
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-30
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CLARKE AND COMPANY
Ad Valorem Tax Consultants
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
(713) 462-7744
(FAX) 462-7781 r-,7'-:-'''-' ~-- ~";'1!"'" -
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Commercial Real
and Personal
Property
Oil, Gas and
Industrial
Property
Ma y 20, 1 994
-
RECElVEQ'---,.
Robert T. Herrera
City Manager
City of La Porte
P. o. Box 1115
La Porte, TX 77572-1115
May 2 3 199&
CITY MANAGERS
,_ OFFICE
--.
RE: Witco Corporation
Industrial District Agreement
Dear Mr. Herrera
Enclosed are two signed copies of the Industrial Agreement by
Witco Corporation.
Witco is in the process of searching for a metes and bounds
description of the real estate.
This information will be sent on to you as soon as it is
located.
Thanks for your understanding in this matter.
Yours very truly,
~~~~1
Howard B. Heard, Jr.
HBHJ/plm
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Industrial District Agreements
Each company's packet should contain the following:
. . ~
A letter offering ~greement and certified copy of ordinance
III/;}
A letter requesting action .
/ . / / //./
Agreement - signed by company. Mayor. RTH. Sue. Knox
~v ?xhibit "A"
v.'I. LJ,xhibit "B" - some will not have this item since we kept the only one that was sent
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"EXHIBIT A'~
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
(Metes and Bounds Description of Land)
9
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130-/8-/884
EXHIBIT "A"
2C acres of land in Lots 36. 37 and 38 Of the
Strang '::::ubc11v1:)1on .tn the Enoch 3r1nson ;urvey,
Abstract. No. ;, Harr1s Coun~YJ Texas, according 4r
to the plat thereof recorded 1n .....olume 75, 'Page 22
of the Harris County deed records, being part of
the land conveyed by Olive H. Ooott ~~ E. J. Kl~1n
nt nl 1111 i..., i1...lIltl.unl__ 1', 1,111, .~.........."...
Volume 1196. Pag~ 725 of t~A Harris Ccuntr deed
recor1~. said 20 ac~e5 being mOre pa~t1cularly
d~~;r1~ed as fOllows:
IJ
'EEr.IN~ING at an iron rod in the north line or
Strang Road ~ased o~'a width of 60 teet, which iron
rod 1s loc~ted at the point ot intersection Of said
north line of Strang Road w1 th the We::it line or an.
8.~r4 acr~s tract conve~ed by E. J. Klein ct al to
\.h~ Houston L1ght.1ns and Power Company by deed dated
';,,1:1 29. 1953. and re<:ordec;1 1~ "ol~:r.e 2643,' Page 151.
0~' t.h~ Hh.:"r1s Coun.t:! <Ieee. recordS.:
'Z"::!:]iCE N .0007 ''Ii. 6(11 feet a1o~g the I-;e~t line or
~~1~ a.504 acres tract and ~he W~5t l1r.e of an
~a~e~cn~ granted t~ the T. & N.O. R.R. Co. by the'
illi" ~ 1'1 in tn in 1mn nnrl 1lirlntnri ilinnr )(li:1J
f~et and S.oo07'E. 715.25 feet rro~ an tron pipe at'
thu ....A...I. .1L.~. ~p L~1.. ~O J.1 .....lJ .~...I"JlvJ."...v,,;
~1:1"'J,,'I:_'.~C3t 1087.611 feet to-a-r. !."=on..rc.d;
':"i:E::C:: :';.0c07'E.. 801 feet to an ~ron rod 1:1 the
::(1rth line of Str~nr; ~oaa baeeu cn .:1, w1d~!: of
,;: !"cet;
';'!:E!:~E l~ast 1087 .64 a~r ~.lfn~ ihc lI\1rih l1nr nr
-;;,~\: :'01'11:1 to the Pt......:. 01" BEG.NN!NG. .
tJ..::..~ FI L ~O, ,
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110I'8 iO.j;"AM 1!75
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STAn Of TtXAS
COl.:"'T"r O~ HJI,llA'!I .
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....,ItO" bf me; lnd ....,. d"'~ IltC::COltlf.D. in I~ ...!!ki4/
PvtMtc ~i!I'r.Qf(!~ 01 "li!'..1 p,t\pI:rty 1)1 H~, .1' COUl'\ty. Tt!..... on
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COUNTY <:1.IiRlC.
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130-18-;382
GENERAL WARRAN~Y DEED
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'!'H!:: S'rA'!'E OF 'Z'EXAS ~
~
COUNTY r:.F' HARRIS ~
KNOW ALL roLEll ii\i THESE F.:ESENTS:
THNl', GULF IN7SRSTA7E CQ[']PANY, .:\ nel.(iW'are corpora';~on with
Offices ~r.~ rlace of busin~s3 in Houston, Harri$ Co~r.t~, Texas
(n~relnart~r c~lled "Grantor"), for a~d 1n cocslderat1on of the
Sum of j\'n' ~ollars (!10 .00) and oeMr geed and valuable oon5i-
der3.ticn~ to 1 t 1n hand paio ~y ?f.;.?:;.t.L. CHr;~::::CA... CORPORATIOl...
a !:ew ';~'r':l'~y .;>Q!'pc':-D.tion (hereina:'ter calletl "Grantee"), the
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rp.~C!:tpt .1!:d :;1:ff!~1enc::; or wl'.1ch cons::.c:.",ratlon :is hereby acknow-
l~d;:~d ,'1!",J ,~:)n!'(!Sl'a,'d by Jrantcr, has 0!'lMIT!:L:, BAHGA!NED. SOLD
ANP GO~'JV:'.~.:'::) ;~~d b~~. these present:!j d~t1s l',@reb:: GRf\}lT J BARaAr~'l.
SE!.!. At"... :,' ';;::::;Y uY\t,o (~l"::\r:tee, ~ub':e'~t ::0 the .exc~pt10n r.ere1naftE!'r
sta~edJ :::: th~t c~r"t:11r"l r~al ra'opQt"t:.' ~i~t.:.a.ted in Ho,!':-,ig ~ounty,.
...._--'!"~x.:\~.:-~.:.~....r:i.t:t.lc~;lf"l~ly <.le:ic:-':'b~d ~~j' ;:;t~t~~Lv:..."!":o.:I 'i~ Exhibit
"/\" at~~~:.::(..,! !~\'~'c~.tJ (:l:"::J n~aiJe n part l~Q:'c,'f r~;;' al: p~rpo:se~)"
salt! ;:!'(,; \.:.t~' L'e~t:I' te:-ell1l'lfter :"()fprr!H! to as the ":SUbject :'ro-
per':.:;"; ~ ,.;I"(.'~'~~'(~~' '~':it.h :.\11 ..i..::lpl"ove~'~:1~;, th~I"'eor: and c:~purtenanc~s
t.hC:'C~ll,"''' ~,r':()n,;-! ~ll~ ()!' .')rpCI'ta~nl:,g,
:../':': ,',:Jj; ...., HOLt..' ~~h-:.' ~t~L~e(:t p~."0.'~~,.~~.ty) t.()gC~l~~l~ '~i..h ~.11
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~".,J .,.1...... :,.. ll.. ,1!"I..,A .'.l'..l ,'.\!.ii.~I'.!'l'..'i(i~I' I.A~I'..'1 in 1l1\1,"III.OO
be](;I.V~ ::j' :..~I~.f: ~.1I(" :;.11'..i (;l'ar:t..C'~. .tt~. :'U':C(,'~;j..):'"~ 1n ~::terest ('.n(!
:'l3n1~,~!~::. :'. :', 'It':.; i~nd Gri.l:ltol' tJl,)e~ hCl.cby Llr,:d ~t~elr (tf':.f.! ~t.s
SUC;~~::'::~':!:: ~r: ~!'!..Vl't~~t tv lr\.AHHAl-:: iHl:) i.',:HE\':'E ;..'Er~:r';D ~l~ 1 atHj
f\ln~~ul"I' ':.,:. '., i \.; '.' lor.' Ul'l ~~lll'.l(~ct Pr'(.'p~rty l.lnt" U:e :>,~irt Gr":1te(~,
:!.t~ ~UI:"";';:":';:, J r1' ::lt~:..t?~.t. nnd a:331p;:n~" n,:~n1.n~t. i;!V~~Y t\l"~".!\Ot\
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whom~oever lawf~llY claiming O~ to claim the sa~e Or any part
thereof.
'.he~'e 1s exc,"pted fror.l the foregoing ~'/llrranty, ho..ever, and
th1c Qom''''Y.:ln.:t:. ~g I::s.ce er.prou!y <iuc-jeot to that certain l/32
r.on-partlcit';.\t.!!l(; l'oyulty 1ntcrE!3t in and t... allot' the 011, gas
and othl':" :::irt<,':.:\;;; v~\, 1~1, undc:- o~ "hat may be produced from
the ~ubject rT("; IOn,;;. "-~ desc:-i'oed .!.n at: 1n:>trum~nt recorded 1n
11 1
11 (lr. T1
1') r
111 nllll n.,IIIII. .11 'r.ulI'. n.H..II. m.II..
(._1_._.._- L_ ..1.1.1. L.vL_u.v..1. Iv ),u...HI. ,.~Jl {I iLl I,ll illUll"
and t=urpo:!ec:). ~ '.' : h~ ('x~ent. howe~'e:.. .'.l.nd only to eh~ t?xtent tha~
the s~rnt> is ;'l'" ::,,!,:,!:: vl't11 cl and ~ab:l1s t ~ns.
Ad V.:'.lOl'I~::: 1.~1:"():; C:;s,,"!3lJed a~ainst thQ Subject ?:-uperty and
the ~!!1pro.,e~,,-':.'_:.: ::l~:,\:.(:Il~ 1'01" thl!' calendar year lSl75 w111 be paid
1;>y Crantee.
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BF.FC!-:E ;:i:. ~ I,,! t;nclO:"3i>:n(,!d a:.;,thorl ty. or. this day personall:t
appeared G, \Iv_I' ",-a"" . V'",...... President Of aUL:;'
IN':'E:RSTA7E CI)'';;'',;:;":" :'\ corcoratt 011. known to .~e to be the ;:erson
and. office:" ''''1:(/::';' r.(1.m~ l~ !H.lbf;cr1'oed to tha ro:"c~olng Inl?,trur.:ent.
and :lcknowh',j,....': U, :!'.~ that he t!xf!c\.lted tl':~ :>a~:e for th~ p\.lrpo~es
a::d con31dE:':':::~,~:.I; \:.l,(.r....l:1 expressed, v,5 the act and deed of said
iL7~
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OIV':::il I.i:;k;;\ ". H/iiir; AND :'lEA:, \>1-' OF::-.;r.?~ th.i~ t,!~\! / ~-yny of
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"EXHIBIT 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.)
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ARGUS CHEMICAL DIVISION
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PLOT PLAN
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820-770-PLl-92 &~
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WITCO CORPORATION
93-IDA-30
EXHIBIT B (1 of 4)
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ARGUS CHEHICAl. DIVISION
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93-IDA-30
EXHIBIT B (3 of 4)
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OF LAND IN
F 20 ACR E S SUBDIVISION,
SURVE Y 0 D 38 STRANG ABSTRACT
"37AN . VEY
LOTS 3" INSON SUR y' TEX AS
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EN H AR R I S
NO, 5, a _'.0
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WITCO CORPORATION
93-IDA-30
EXHIBIT B (4 of 4)
8TAft ~
COUNTY OF HARAD
"'0 . THIS 18' TORTIFY mAT THE :J.lJOVE 'ANDFOR~UUI~
I.. 4 p PLAT REPRI:. F.NTS A SURVEY MADE ON THE GROUND
O~"'r____ _ UNOER MY UPERVISION. '~NI' THAT THrRE ARE NO
. " '--.... ENCROACHM NTS OR ADVERSE CLAIMS TO nn!
.' i~~'-""'''~'.t.:...,:. P~.OPERTY HER THAN AS SHOWN ON T~IS DATE.
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SURVEY OF 20 ACRES OF LAND IN
LOTS 36. 37 AND 38 . STR ANG SUBDIVISION,
ENOCH BRINSON SURVEY, ABSTRACT
NO.5, HARRIS COUNTY, TEXAS
SCALI:'" 200'
DATE: SEPTEMBER 2 e. 1960
1401 IAGIY
ROBl. M. ATKINSON a ASSOCIATES
CIVIL ENGINEERS
~ HOUSTON. TEXAS
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