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HomeMy WebLinkAbout93-IDA-48 - e' ORDINANCE NO. 93-IDA-48 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CBSL TRANSPORTATION SERVICES, INC., 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. CBSL TRANSPORTATION SERVICES, INC. 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 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. . e ORDINANCE NO. 93-IDA-48 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 10th day of January, 1994. CITY OF LA PORTE By: !1.~~ Mayor ATTEST: s~ Sue Lenes--, city Secretary ~ APPR~ tM.-cJ Knox W. Askins, City Attorney e CITY OF L! PORTE PHONE (713) 471.5020 . P,O,80x_ 1115 . LA PORTE, TEXAS 77572 January 11, 1994 CBSL Mr. Torn Heaney, President Transportation Services, Inc. 4750 S. Merrimac Avenue Chicago, IL 60638 Re: City of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Heaney: 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 e e f'" .@ 5lENDEPt: 'c,j 0 Complete items 1 and/or 2 for additional services, (') 0 Complete items 3, and 4a & b, l'! 0 Print your name and address on the reverse of this form so that we can ~ return this card to you. (9 0 Attach this form to the front of the mail piece, or on the back if space '" does not permit, 2 0 Write "Return Receipt Requested" on the mailpiece below the article number. "'" 0 The Return Receipt will show to whom the article was delivered and the date 6 delivered, -g (9 <'" (ll 1i E o u W W w g ~ o <! (E I also wish to receive the following services lfor an extra fee): 1. 0 Addressee's Address (1) y .::; ... \!) (/) 3. Article Addressed to: 4a, 2. 0 Restricted Delivery Consult postmaster for fee. Article Number I & /)3 Cj ... !:!. 'Qi U \!) tl!: c: .. :l "" \!) t:il: e!35 L , o.Jin: lorn f/af1~ Pfesid~111: ltanS l~ort~i(D~ (feru/ces l/ 7<)0 S. JJJ ern W1tLlI/ ti.()eA')~ th,"c.tt!j; T L 00& 38 5. P .J 80 4b, Service Type o Registered l1J.-eertified o Express Mail o Insured .', o COD _ ~urn Receipt for Merchandise 7, Date of Deliv~ I ,. ') 1'..-7-' ~ 8. Ad.I~,SSt;le's Address (Only if requested ~ anol~ is paid) fij r"J -; I ~ ) t>l r;: '(/j ::l ... (;) ~ :l o 'gnature (Addressee) ~-~ Signature (Agent) s @ >- PS Form 3~ 'TI '0, December 1991 t<U.S, GPO: 1993-352-714 DOMESTIC RETURN RcCEI~T E e e NO. 93-IDA-~ { { 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 CBSL Transportation Services. Inc. ,a Illinois 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 within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "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 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 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 un annexed 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 2 e e 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 simila~ 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 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 (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, 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 I, 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 I, 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 5 e e 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 II in lieu of taxesll on the unannexed portions of Company I 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 controlling for purposes of the determination of II in lieu of taxes II 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 II in lieull 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 lIin 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 lIin 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 IIImpartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution 6 - e of the difference between the parties as to the fair market value of company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all 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 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. 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. CBSL Transportation Services. Inc. ( COMPANY) By: Name: Title: President Address: 4750 S. Merrimac Chicago, II. 6063 ATTEST: ~ ~ Cl. Y Secretary ~F LA PORTE By: ~~ orman L. Malone - Mayor , w. Askins Attorney of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: Q~T\ ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (713) 471-1886 (713) 471-2047 8 e e ASKINS & ARMSTRONG. P. C, ATTORNEYS AT LAW 702 W, FAIRMONT PARKWAY P,O, BOX 1218 LA PORTE, TEXAS 77572-1218 KNOX W, ASKINS ..JOHN 0, ARMSTRONG TELEPHONE 713 471-1886 TELECOPIER 713 471'2047 October 28, 1993 ~'?n--- I U J- \\ l' ,'_, , '( " '.~ , ' " "" . . , L '.'/ '/'. 1~ J' ~f I I ' ~~J II t " f" VI 0 I J 0"", ~ R~"":r 'I _b ~'}t}',) I, I li','_\. - ;/ . "-......J ::~, ,':''t.!o,.;. ~..~~, I ~J~-_ ~_-t:' "-1~ i.. ,J ~_ _,__ t~~ Mr. Tom Heane , President CBSL Trans rtation Services, Inc. 4750 S errimac Avenue Chic IL 60638 Dear Mr. Heaney: Mr. John Traughber, your Operations Manager in La Porte, came by my office today to advise that your firm had purchased twelve acres from Arco in the Bayport Industrial District. The City of La Porte is pleased to offer your firm an industrial district agreement for the seven year term beginning January 1, 1994, in form attached. As long as your property is unimproved, it will pay 100% tax on the land. However as substantial improvements are completed, your firm will enjoy tax abatements as shown in the contract. Yours very truly, I~ \0, ~/ Knox W. Askins ~ City Attorney City of La Porte KWA: sw Enclosure cc: ~. Robert T. VCi ty Manager Herrera Mr. John Joerns Assistant City Manager Mr. Jeff Litchfield Director of Finance Mr. Hugh L. Landrum City Appraiser l;SSL · TRANSPORTATlO~''- SERVICES INC, 4750 SOUTH MERRIMAC AVENUE CHICAGO, ILLINOIS 60638-1439 OFFICE (708) 496-1100 TELEX NO, 332212 FAX 708/496-0035 November 1, 1993 RECEIVEQ NOV J 1995 CITY MANAGERS OFFBCE Mr. Robert T. Herrera City Manager City of La Porte La Porte, Texas 77572-1115 I I i Re: City of La Porte Proposed Industrial District Agreement, Date October 22, 1993. Dear Mr. Herrera: CBSL Transportation Services, Inc. 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 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, ,- ,CITY OF L' PORTE PHONE (713) 471,5020 0 p, 0, Box 1 1 15 <t LA PORTE, TEXAS 77572 January 27, 1994 CBSL Attn: Tom Heaney, President Transportation Services 4750 S. Merrimac Avenue Chicago, IL 60638 RE: Industrial District Agreement (IDA) Exhibits Dear Mr. Heaney: A fully executed Industrial District Agreement together with the approval ordinance are enclosed. While reviewing the documents, we noticed that only one (1) copy of Exhibit liB 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 a copy of Exhibit II B II to complete your copy of the Industrial District Agreement. Thank you for your assistance in completing these documents. Sincerely, G~, T, ~~ Robert T. Herrera City Manager RTHjcjb Enclosures cc Jeff Litchfield, Finance Director IDA File #IDA-93-48 -- a, .. ., .............. -.-.. 'I"'..r~.....'........__ ".~ n~.. _ . ..... ~. - .... -......., .... -. . /J 6) l---- c ~6 ~ \\~~C\~ Industrial District Agreements Each company's packet should contain the following: / v/ A letter offering the agreement and certified copy of ordinance A letter requesting action./' 1t1t/,#{b d5 itJ ':?t"a11 V' t/' L/' c/'::.-:--' ' Agreement - signed by company, Mayor, R TH, Sue. Knox Exhibit II A II ~ Exhibit II B II - some will not have this item since we kept the only one that was sent f....,/ opJly I ulvV ;j _.p_ ,._. _... .L............:_..._ _...............;,.::...:.:...;_...._... :,,'::',';..'-::- :.:~~ _ .".:':".. _... . : , ".-':- --. -:__ ,"~~~r_"'; ..- .. ~.... -....~.....-........_-...--' '.--'- . '.. ..,.t.....,.~ ..-.,....~-.. .'"j;...,....--.....~.....,,-....-.,... _.....-..-...""':l..':""-~''::':,........__.,..._...____.-..........~___........._ ._._. .........0" . " e e "EXHIBIT A", \. TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND (Metes and Bounds Description of Land) 9 - -- "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND CBSL Transportation Services. Inc. LEGAL DESCRIPTION OF PROPERTY All tbat cenain 12.0000 acre (522,720 square f~~t) tract of land out or tbe William ~!. Jones Survey, Abstr:lct No. 48:, Harris County, Texas. same being a par: of Tract 2 of a 109.450 acre tract of land conveyed to ARea Pipe Line Company by Atlantic Ridliie!d Company by Deed recorded in Harris County Clerk~s Fik No. U348794, said 1"' nooo acre tract being more particularly described by metes amI bounds as follows: be~s arc based on said Deed; BEGIN~lNG :lI a 5/8 inch iron rod s~: in the :)oum right-of-way line of F:1irmont Pad....way (b~ed on a width of 250 feet), at. its intersection with the west right-Df-way line of Bay Park Road (based on a width of 100 fed), for the nonhell:lt comer of said Tr::lC! 2 and tbe herein described tr::lC!j THENCE. South 020 2i' 5911 E:lSt, along and 'With said west right-of-way line, a dist:J.Ilc~ of 1020.01 feet to a 5/8 inch iron rod set for the southeast corner of the herein described tr:H,:t; THENCE. South 36" 52' 37' West, depaning from said west right-uf-way line, a distanc: of 512.50 feet to a 5/8 inch iron rod St:t for the southwest corner of the h~:ein d~s~ribed tract; THENCE, North 02027' 59" West, a distance of 1020.01 fee: to a 5/8 inch iron rod set in the said south right-of-way line ror the northwest corner or the herein described tract; THEN CE, North 860 52' 37" East, along and with said south right-of-way line, a. diSlal1C: of 512.50 feet and returning to the POINT OF BEGINNING, and comaining 12.0000 acres of land. . e "EXHIBIT A-l" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND CBSL TRANSPORTATION SERVICES, INC. City and Company agree that the real property of Company, more particularly described on Exhibit "A" of this Industrial District Agreement, is presently unimproved, and un annexed to City, except for existing "strip" annexations, if any. City and Company further agree that Paragraph II hereof is hereby amended, to provide that during the term of this Industrial District Agreement, and for such period of time that said real property remains unimproved, that City will not annex said property; provided, however, City reserves the right to conduct "strip" annexations as may be required by law in connection with annexation of land other than that owned by Company. Company agrees to render to City and to pay as "in lieu of taxes" on Company I s said unimproved land, an amount equal to the sum of 100% of the amount of ad valorem taxes which would be payable to City if all the hereinabove described property of Company had been within the corporate limits of City and appraised each year by City'S independent appraiser. The provisions of the preceding paragraph hereof shall remain in full force and effect during the term of this Industrial District Agreement; provided, however, at such time as Company commences improvements to Company I s hereinabove described real property, Company shall be entitled to pay an amount "in lieu of taxes" on Company's land, improvements, and tangible personal property on the above described property, in accordance with Paragraph II of this Industrial District Agreement. Except as amended by the terms and provisions of this Exhibit "A- 1", the terms and provisions of the Industrial District Agreement, to which this Exhibit "A-1" is attached, shall remain in full force and effect for the term of this Agreement, expiring on December 31, 2000. e . \ "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, ~nd also showing areas of the Land previously annexed by the City of La Porte.) 10 .. 0 .. It) 0 . It) N . - N It) - &ll ~ 1 2.0000 ACRES >- LiJ <{ Wit! 522,720 SQ. FT. S .. z. ...... :Jq ...... pol') )Ct.! ~r-.. It! ~i pol') ci .. .. (YS ti N N r Lf') ~'J If) <(. , to ~~ (LQ Ii ~. _...- .................. _.~~- (0 N CX) ~~ CX) (Y ~ t-. Vl ~~ Z ZO N . 1J~ OlD ~ 2~ J g' (Y <( lL .. ... v WO[b[bO~~ ~a JJ(Q)~~~ ~QJJ~W~W ~c~~~ TRAc-r 2 H.C,C,F'. NO. L!48794 .-_ ..... __..--................_~_rl. __.- -~- N 02" 2 7' 5 9" W - 1 020.01 ' .-- ---- - SET 5/~ I,R. - . "SET ~/rf l.R, -------,----:' " d I =--r 2~' STRUCTURE SET8AC1( LINE VOL 5920, PC. 185, H.C.D.R. HEAVILY WOODED 50' EXXON PIPE LINE ESMl. H,C,C,F, NO, [087845 L '-- - S.W.B. BURIED CABLE SIGN 50' STRUCTURE SETBACI( LINE VOL. 5120, PC. 165. H,C.D,R. l SEE DETAil THIS AREA ,.,-- - HEAVILY WOODED SET ~/~ I.R. III II' 'II II' II' P,O.B. SET 5/t' I,R, 'II 'II III S 02"27'59" E - 1020.0 l' SAY PARK ROAD (100' R,O.WJ 'II H,C,C.F, NO. E71733. '11 'II III 'II III 'II ,~"._- ..... -- --- ftOTES ,...- /'" /1 / I / I I \ " 1. This survey is based upon a Commitment for Title Insurance. da ted Jul y 10, 1991, and issued by Lawyers Ti tie Company of Houston under G.F. No. 91-5186 RLB:ga. LEGEND DETAIL '\ \ \ \ I POWER POLE 2. This property is subject to the terms, conditions, provisions. and stipulations of the following: Volume 5920, Page 165, n.C.D.R. Volume 8470, Page 238, Il.C,D,R. Volume 6973, Page 503, H.C,D.R. H.C.C,F. Mo. D-8760S7. H.C,C.F. No. !-3341S1. H.C.C.F. No. E-08764S. H.C.C.F. no. L-848794 <<> PIPE LINE MARKER l' EXXON P.L. MARKER + PETROLrrE CORPORATJOJ\J ~ l5~ffi 15 15 f5 i 1 III i i ~ 1 J J JJ J J J n: 'J~' , , 0. n:o. 0. 0. 0. n: ~ ~~~!~ ~ ~ ::i J 8os88 S B ~ . SET 5/~ I,R, / !AI Z :J i H.C.C.F, NO. E340787 3. The northwest corner of this tract lies within a shaded Zone "X" (defined as "Areas of SOO-year flood: areas of 100-year flood wi th average depths of I ess than 1 foot or wi th drainage areas less than 1 square mile; and areas protected by levees from 100- year flood."). The remainder of the tract lies within an unshaded Zone "X" (defined as (Areas determined to be outside 500-year f I God plain".) as per the Federal E'Yft@rqency Management Agency's Flood Insurance Rate Map for. Harris County, Texas and Incorporated Areas, Map No. 48201C03400, Effective Date September 28, 1990, \ " / / "" /' "-.... --- - --- ..~ ' f. ~ ~~U ~a~~ t::o~o o.~z ~2~&&; ~C,)~ 90~t.! o~~:r ~~~ri . c~y ~z ~ ~o~ 5e:)i ~i~a ~~ Lo.. -.:'1?0o ' , ;,' CITY OF LAPORrE I ME~ES Ann BOUNDS DF.SCRtrTtoH 12.0000 ACRES ALL TJU\T CERTAIN 12.0000 ACRE (Si'2.720 SQUARE P'F.F.T) TRACT OF I.A"O OUT or '('liE ~l"L:".H 1-:. JOfiE~ SURVEY, r,B::TH1\CT :-;0, ':82, H;d:q:d~~ COUNTY. TEXAS. SAME BE I rIG ^ r1\P1' OF TH;..~'1' 2 OF 1\. J 5'l. 4 5') .'\,..R~ TRACT OF LAND CONVEYED TO ARCO PIPE LINE COMPANY BY ATLANTIC " RICIIFlf:LD 'COMPANY BY; DEED Rt:CORDED IN HARRIS COONT! CL~R~'S FILE NO. L848794. SAID 12.0000 ACRE TRACT BEING HORE PARTICOLARLY DESCR I BED BY METES Aim nomfDS AS For,LOWS; BEAR I N(15 ARE BASED ON SAID DEED; BEGINNING at a S/8 inch iron rod s~t in the sout.h right-of-way line ot Fairmont Parkway (based on a width of 250 teet), at it's intersection with the we~t right-oi-way line of Bay Park Road (ba~ed on a width of 100 f~~t), for the northea~t corner of said Tract 2 and th~ her~in described tract; THENCE. South 02'27'51)" East. along and with said west riqht-of- way line, a distAnce at 1020.01 teet to a ~/8 ineh irnn rorl set for the southeast corner of the herein described tract; THENCE, South 86'S2'j1' w~~t. departing ftom sajd weHt right-of- way lin~, a distRnce of 51~.50 feet to a SIB inch iron lad s~t for the southwest corner of the h~rein described tract; THENCE. North 02"27'59" W('st, a distance of 1020.01 feet to B 5/8 inch iron rod set in the sRid south right-ot-way line tor the northwest corner at the herein dr.~cribed tract: THENCE, ftorth 86'52'37" East, along and with said south right .of- way line, a distance of 512.50 feet nnd returning to the P01NT OF BEGINNING, I'Ind containing l~.OOOC acrl~ of lAnd. NOTE: Information concerning exist! nq ease.ents lmd property descr iptions was obtained frOM known sources. Bench~8rk Enqineering corporation has .ad@ no independent study or 8~8rch of 1~qal ~fttter8 of record. To all partle. inter..ted in title to pre.is.. 8urveyed: Thl. 1. . . .... " ..,to cert~ry.th.t the Burvey .... Bctud ly .....d. on~~nd under .y ";<1",; '~"i'(~~"~'!;'.~':~r:::o:o :~c:::ch~~~l~1~~t~r ~:ayt-::~::8 ap~"'~.~=-~:~~ as shown hereon. ' Dated th1111 the _.__~______ d;,y of - --~-- ___I ..:.. f.. 10 -~ Signed: Saib Y. Saour Registered Professional Land Surveyor Texas Registration No. 3540 ' $ Benchmark Engineering Corporation Engineers Planners Surveyors Consulting 2401 Fountainview Suite 220 Houston, [Texas 77057 U.S.A. (713)266~gg30 OF 1 2.0000 ACRES OUT OF 1 69.450 ACRE TRACT OF LAND NO. L848794 JONES SURVEY, A-482 COUNTY, TEXAS BOUNDARY SURVEY TRACT 2 OF A H.C.C.F" WILLIAM M. HARRIS DRAWN BY: J.D,F. CHECKED BY: DATE: NOVEMBER, 1.992 JOB NO. 91017 SCALE: 1" = 50' SHEET NO, LOT 1 BNOY.OWG l~ ",};'~l"gtT, "B"