HomeMy WebLinkAbout2000-IDA-03
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ORDINANCE NO. 2000-IDA-03
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH EQUISTAR CHEMICALS, L. P., FOR
THE TERM COHKENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007;
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.
EQUISTAR CHEMICALS, L.P. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of.which.is'attached hereto, incorpo~ated 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
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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, Chapter 551, Texas 'Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
CITY OF LA PORTE
BY:~~~~~ --
. 0 an~ ~i&g,
yor
ATTEST:
~aA~
a a A. G1llett
City Secretary
Knox
City
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NO. 2000-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
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ill~@~Dw~m
. APR I 4llAAJ J~' ,
'~;ti ASST. CITY MANAGER :
OFFICE ;
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 EQu':;T,4fl. t.HE~ll.AL~, L. p.
, a )SLAwAU PAR.TN'C~SHIP eSFperat:i9f1, 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 o'f the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and .
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose'
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and .recorded in
the official minutes of said City: .
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City~referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February. 24, 2000
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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,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, .shall be subject to'the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "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 ci ty , s selection. The parties recognize that in
making such appr'iiisal for "in lieu" paYment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, tprough and including April 15, 2007,
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 simil~r 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");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. 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, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company' s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable.
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by city's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, 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, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; 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 Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1~ 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
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, 2001, and each January 1 thereafter of the
applicab~e Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of Ci ty · s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not. so extended for an additional period or periods of
time on or before August 31, 2007, 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
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, ":'plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of company's hereinabove described
property which would be due to City in accordance with the
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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 wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(whiCh shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
paYments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also.
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company' s property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submi t the dispute to final arbi tration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" paYments which would be due
hereunder on the basis of Company' s valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher. .
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu'" paYment and total paYment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbi tration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
. its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in paYment of "in lieu of
taxes" 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 wi~hin 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.
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 ~uch 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,
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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, 2001.
. IitptJ/$TAIl.. t..HEMIG4l.$. L. p.
(COMPANY)
By:
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ame: E~/c. (.. YA~T:z..
Title: 'T.)Q)( (!.O(),J'S6L. ASSIS7.tWr 'S~rAAy
Address: 1&."2.( .AI 'KINNfJ. STl;. ),.,1>
HOUSTYMJ. r9A$ 7'10/0
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ATTEST:
l.~ fl. i(ilJJiJ
C1ty Secretary
By:
~ OF IA PORT~
~~'---
, rman L--=--Malo
Mayor
~: v2
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ox W '~Kins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
Cit~ T,- ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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Exhibit "A"
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517.--68~"1 0 19
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TRACT 1 - 237.9632 ACRES
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THE .STATE OF. TEXAS)
COUNTY OF HARR~S)
FIELD NOTES of a 237.9632 acre tract of land situated in the 0
Arthur McCormick League, Abstract No. 46, and the Enoch Brinson
IUD Survey, Abstract No.5, Harris County, Texas, and being out. of .
,UDU~ and a part of the following tracts of land:
;f" 1. Tract "A" conveyed' to A-B Chemical corporation by
~~z~~DCo3, National Distillers an~ Chemical corporation by deed
dated Noyember 30, 1962, and recorded at County Clerk's
File Number B 607522 of the Official Public Records of
Real Property of Harris County, Texas.
A tract of land conveyed to A-B Chemical corporation by
National Distillers and Chemical corporation by deed .
dated November 30, 1962, and recorded at County Clerk's
File Number B ~07524 of the Official Public Records of
Real Property of Harris county, Texas.
A tract of land conveyed to A-B Chemical Corporation by
National.Distillers and Chemical corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607521 of the Official Pub~ic Records of
Real Property of Harri~ County, .Texas.' .
A 3.658 Acre tract of land conveyed to A-B Chemical
corporation by National Distillers and Chemical
Corporation by deed dated May 15, 1978, and recorded at
County Clerk's File Number F 618875 of the Official
. Public Records of Real Property of Harris County,
Texas.
A 5 acre tract of land conveyed to A-B
corporation by National Distillers and
corporation by deed dated November 30,
recorded in Volume 4949 at Page 153 of
of Harris County, Texas. a c,.o7S2..2-
An 8.9517 acre tract of land conveyed to A-B Chemical
corporation by National Distillers and Chemical
corporation by deed. dated November 30, 1962, and
recorded at County Clerk's File Number B 607520 of the
Official Public Records of Real Property of Harris
County, Texas. .
A tract of land conveyed tp A-B Chemical Corporation by
National Distillers and Chemical corporation by deed
dated November 30, 1962, and recorded at County Clerk's
File Number B 607523 of the Official Public Records of
Real Property' of Harris County, Texas.
A tract of land conveyed to A-B Chemical corporation by
National Distillers and Chemical corporation by deed
dated November 30, .1962, and recorded at County Clerk's
File Number B 607518 of the Official Public Records of
Real Property of Harris County, Texas.
2.
al/22. "300000'"
3 .
0'''' 22.' 00000 '17
4.
Ofpaf 2."2-'3 0 0 000 '12-
5 .
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Oh'-l 2 'Z- V. (JDOOO I L
1J,t/ 2.,." oOcJOo II
oc.&I "2."L~ OOCiOO~ $
Chemical
Chemical
1962, and
the Deed records
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7.
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517-68-1020
PAGE.NO. 2 - TRACT 1 - 237.9632 ACRES
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10.
.t>>t/ 1."Z.c{ 000001'
11.
?(p.t/ '2."2- g 0000031
12.
O~, rJo2-0osc:x:>B
5 tracts of land conveyed to A-B che~ical corporation
by Harris County Houston Ship Channel Navigation
District by deed dated October 11, 1963, and recorded
at County Clerk's File Number B 797379 of the Official
Public Records of Real Property of Harris' County, .
Texas. (Klein Tract, Blackwell SID Tract, 'c.. W. Roberts
Tract, Popich Tract, sterling p. Anderson Tract) . '
Out of Lots 5 through 8 of the'A. o. BLAC~E~L
SUBDIVISION as per plat recorded in Volume 83 at Page
343 of the Deed Records of Harris County, Texas.
Out' of Lots 39 through 42 of the STRANG SUBDIVISION as
per plat recorded in Volume 75 at Page 22 of the Deed
Records of Harris County, Texas.
A 138.5797 acre tract of land conveyed to A-B Chemical
corporation by National Distillers and Chemical
corporation by deed dated November 30, 1962, and
recorded at County Clerk's File Number B 607517 of the
Official Public Records of Real Property of Harris
County, Texas.
NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT
COORDINA~ES AND BEARINGS. REYERENCE IS. MADE TO PLAT OF EVEN DATE
ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
BEGINNING at a 1/2 inch iron rod set for the Southwest corner of
this tract of land and the Southwest corner of Item No.. 1 above.
This BEGINNING corner has Quantum Plant Coordinates of South
2763.41 and West 2.43, in the North right of way line of Strang
Road, 60 foot right of way, and in the East line of a 12.741 acre
tract of land conveyed to Houston Lighting and Power Company by
Edward' Joseph Klein, et ai, by deed dated May 21, 1949, and
recorded in Volume 1928 at Page 380 of the Deed Records of Harris
County, Texas. From this BEGINNING corner a 5/8 inch iron rod
found at the intersection of the North rfght of way line of
Strang Road, and the West right of way line of Miller Cut-Off
Road, 60 foot right of way, bears South 89 deg 57 min 33 sec East
1944.58 feet.
THENCE North 00 deg 02 min 31 sec East with the West line of this
tract, the West line of Items No.1, 6 and 9 above and the East
line of said Houston Lighting and Power Company 12.741 acre tract
of land a distance of 2746.40 feet to a'l inch iron pipe found
for a. corner of this tract of land, the Northeast corner of said
12.741 acre tract of land, the Southwest corner of Item No. 12
above, the Southeast corner of a 7.216 acre tract of land
conveyed to Houston Lighting and Power Company by Charles Leroy
Mudd by deed dated February 3, 1949, and recorded in Volume 1887
at Page 73 of the Deed Records of Harris County, Texas, in the
North line of the Brinson Survey and the South line of the
McCormick League. .
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517-68-102\
PAGE NO.3. - TRACT i - 237.9632 ACRES
THENCE North 00 deg oj min 16 sec East with the West line of this
tract of land, the West line of said Item No. 12 and the East.
line of the Light Company 7.216 acre tract of land a distance of
2095.84 feet to a 1/2 inch iron rod set. for the most Western
Northwest corner of this tract of land, the most Western
Northwest corner of said Item No. 12, the Northeast corner of the
Light Company 7.216 acre tract of land and the most Southern .
Southeast corner of 59.7 acre tract of land conveyed to Houston
Lighting and Power Company by deed recorded in Volume 1981 at
Page 528 of the Deed'Records of Harris County, Texas.
THENCE North 89 deg 49 min 51 sec East with the most Southern
North line of this tract of land, the most Northern South line of
said Item No. 12, 'and the South line of said 59.7 acre tract of
land a distance of 4.20 feet to a 1/2 inch iron rod set for an
interior corner of .th~s tract of land, an interior corner of said
Item No. 12, and the most Southern Southeast corner of said 59.7
acre tract of land.
THENCE North 13 deg 22 min 02 sec East with th~ West line of this
tract of land, the West line of Item No. 12 above and the East
lin. of said ~9.7 acre tract of land a distance of 1205.11 feet
to a 1/2 inch iron rod.set for' the Northwest corner of this tract.
of land, the Northwest corner of said Item No. 12 and a corner of
said 59.7 acre tract of land.
THENCE South 89 deg 28 min 08 sec East with the North line of
this tract o'f land, the North line of said Item No. 12, the South
line of said 59.7 acre tract of land and the South line of a
10.024 acre tract of land conveyed to Houston Lighting and Power
Company by Alfonso F. Settlemyre, by deed dated January 5, 1951,
and recorded in Volume 2260 at Page 65 of the Deed Records of
Harris County, Texas, a distance of 1229.36 feet to a 1/2 inch
iron rod set for the Northeast corner of this tract of land, the
Northeast corner of Item No. 12 and the Southeast corner of the
Light Company 10.024 acre tract of land. This ~orner is in the
s~uthwest right of way line.of Miller Cut-Off Road.
THENCE South 35 deg 09 min 30 sec East with the Northeast line of
this tract of land, the Northeast line of Item No. 12 and..the
Southwest right of way line of Miller Cut-Off Road a distance of
745.65 feet to a 1/2 inch iron rod set for the most Eastern
Northeast corner of this tract of land and the most Eastern
Northeast. corner of said'Item No. 12.
e
.
5Ir-68-1022 .
PAGE NO.4 - TRACT'l - 237.9632 ACRES
THENCE South 00 deg 00 min 35 sec West with the East line of this
tract of land, the East line of said Item No. 12 and the West
right of way line of Miller Cut-Off Road, at 2648.51 feet set a
1/2 inch iron rod in line in the South line of the McCormick
League and the North line of the Brinson Survey for the Southeast
corner of Item No. 12 and the Northeast corner Item No.8 above,.
continuing on with the East line of Items No.8, 9, 5 and 4 apove
a total distance of, 4845.48 feet to a 1/2 inch iron rod set for
the most Eastern Southeast corner of this tract of land and the
Southeast corner of Item No.4 above. From this corner-a bent
5/8 inch iron rod bears South 09 deg 32 min 16 sec East 5.64
feet.
THENCE South 89 deg 44 min 48 sec West with the South line of
this tract and the South line of Item No. 4 above a distance of
603.89 feet to a 1/2 inch iron rod set for a corner of this tract
of land and the Southwest corner of Item No. 4 above. This
corner is in the East line of Item No. 3 above and in the East
line of a 16.160 acre tract of land conveyed tp Air Products and
Chemical, Inc., by A-B Chemical Corporation by deed dated May 5,
1978, and recorded at County Clerk's File Number F 599060 of the
Official Public Records of Real Property of Harris County, Texas.
THENCE North 02 deg 34 min 21 sec East with the West line of this
tract, the West line of Item No. 4 above, the East line of Item
No.3 above and the East line of said 16.160 acre tract of land a
distance of 17.08 feet to a 1/2 inch iron rod set for a corner of
this tract of land and the Northeast corner of said 16.160 acre
tract of land.
THENCE South 89 deg 57 min 33 sec West with the South line of
this tract of land and the North line of said ~6.160 acre tract
of land a distance of 1180.02 feet to a l/2 inch iron rod set for
an interior corner of this tract of land and the Northwest corner
of said l6.160 acre tract of land.
THENCE South 05'deg 51 min 44 sec West with ~he East line of this
tract of land and the West line of said 16.160 acre tract of land
a distance of 584.57 feet to a 5/8 inch iron rod found for the
most Southern Southeast corner .of this tract of land and:the
Southwest corner of said 16.160 acre tract of land in the South
line of Item No. 1 above and 'in the North line of strang Road.
THENCE North 89 deg 57 min 33 sec West with the South line of
this tract, the South line of said Item No. 1 and the North right
of way line of strang Road a distance of lOl.83 feet to the PLACE
OF BEGINNING, containing within said boundaries 237.9632 acres.
It should be noted that the rights of way of 46th street and Z
Street of Blackwell and strang Subdivision are includ~d in this
acreage. These streets are not open at the time of this survey
and may have been abandoned by Harris county, Texas.
;',4y.b
J'~(:
((
+~I
I
14.156 Acr~s
.1 V:llla.cE' HInt'
To
:-!OuS"tor. ~JgntinQ L .=>o.~~ COr"*!~an~
.July 3, 1953
Vol. 2643 p;. J45
De~cI Rpcor::u of
;.,o.rrlS County, leo)(:lS
CHA[NU}..'!< fuu
0"YPJ
13.0-45 Acres
Ed":lrcl .Joseoph KiE'll"l. pt 0.1
To
Hous1:C>r\ Ugnting L Poweor Co~oa.ny
Juty 29, 1953
Vol.. 26-43 p;;. 151
D~pd Records 0;
Harris County. Teox::1s
\~ ,
lo'
~I ~\l I
~..;..\l ~fo-~~
\~
~!ro' ,
~~? . \~ ,
~!'O .:..\-:-()
<"\ ~ p..,
t-::-~ \...'1.-
. '.:
?i'O
~~\l
12.741 Acreos
Edward Joseoph Klpln, pt 0.1
To
Hous~on lighting &. PO.~r CO,.,pa.ny ./
May cl, 19<49
Vol. 19c8 Pg. 380
D~pd R.,.cords of"
harris County. T. xas
J",4y.b
S......\9.
/~
1
,>I~' \<i- -,,1-'/0' l
~~\l
"\
~
I
la.024 Acru;
Alfonso r. ;pttIPMyr., .t U:l( To Hous1:on
L f1ting L Powpr Co~pany .
Jo.nI.JO.y :S, 19:11 VoL 2260 Po. 65
DKCH.C. T x..
I. Robert L Hllll Jr., Reg. Pror(~Sslonlll Lllnd Surveyor No. 1610 do hereby
. certify thllt this plllt dellne.tes the resul.1:s of' II survey Mllde on, the
ground under MY 'supervlslon ,In NoveMber, 1997, llnd that llll lines,
boundllrles, and lllndr-lQrks arp. llccurlltely shown hereon.
.:I.,
c
!
o
<.J
L. (Z) "
.. 0: J!t '0 :
. ...
b~~~
'C"..,Q.t-X
~?i;5
lr)1J-Q:o
jo'b<.J
-.J~:~
€ qf:
:- :l
:J
:f
100 Acru
JoN-! .B. Ja~~, Jr.. .1: ux
To
Hous-ton Ugh't\ng ... POw.r COt"\Pa.ny
..Jun. 22, 1953
Vol 26-43 Po. 148
. D.-.d R~cords of
Hclrrls COt.Il~y, T ~ xa.s
525 Acr~~
No. t\ona.I"D!sti!lprs L ~co.l Corpora. tlon
To
Coo.s~o.l 1 ndusi:r Ia.l 'w'll."tpr Au-thortty
Apd. 7, 1978
r 597518
Offlcla.l PubUc Rrcords
Of R~ll.l Prop.rty
Harris County, T~xa.s
1
sea.l Q i BQyto_n, T eXQS, thIs the 21st., dllY of
"AtlJ
.... >.,.S""8.
"~'I I~
8,v
BARB\lIR( n:~C(
1'0:;.
............ I
"..' .
\
\ I'l" \:
S(.,
- -; /\'it I
";)IQ
p~~ I I
I I
IIn 1
I ~I
I ~I
u
I 1
I: I
I~ I
I~ I
C\J
I ::; I
;.'(
I ~ I ?;..~
~--.;
I~I t;..,~~)
I ~ I -.s.';n :-*~
I~I tl)~.. :
· -.-l
I 1\, jZ ~
1 I
i-
CURVE
C 1
C 2
C 3
C 4
". .....
"
(, \
S S(,
,\
y'
>..
C
d
Q.
x C
:J 0
U X
WI ~ CDIn ~
t: C~O\U
Uwt C-'"'I
<>o;:;:...:~o.;
C"Ig~~-~~
o It 0
~~ "5uo;
\D~ 51 ~
d
> ~
C
,
:r:
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,.... -
~. "
~ ;
If) - ~
~ .~
SCr
J/2,
..
u
L
..
lI\
is
,I
Tra.ct 7
46.04006 Acr~s
C 632918 '.
Tract 8
21.9"'91 Acrf!S
, C 632918
\'?
I \Ii
~~v
c
o
:;:;
d
L
o
Q.
L
o
U
William
.
.,
"r
-'31
'j
J.
A
H a r7~is
29
S1L'rvey
[----
.. .... :"" . .
, -.::-, ..
~
J
,__ . L 79 . . ;
- - - - "1-- - - - - - CL - - 1"
~ ,
1
I
----------
Tra.ct 5
10.9-402 Acres
C 632918 .
CDI
. ,....~-"--ROAD 6
-'I .
N 89-38'37'E
. - ---,.
- - - \9-'- I -
-:
~~\l 1 1
SEE NOT~ 3 I I
, '\:
\" \(Z; I I
~~\l_ _ _ ._ __ ~
Cp.<? .
~~fo-SS I I
~~\l 1 /
I
I ~I
I ~I
'"
x I ul
I ~ I
I ~ I
I~ I
I: I
I C\J I
I ~ I
c
I~ I
645.GB
'-'II~'
I I ~-
I I ~
<
I I ~
...
I I;;
I / ~
I I ;
"1:l
C
SAN JACINTO BAY
, . 1006.24'
-----------
- - - - - - - - - - - - - - - - - - - - - - - - - - .- - - - - - - - -
S 89.59'08'( 1492.85'
0_._._.-.
LINE
L 1
L 2
L 3
L 4
L 5
L 6
L 7
L 8
L 9
L 10
L 11
L 12
L 13
L 14
l 15
L 1,6
L 17
L 18
L 19
L 20
L 21
L 22
L 23
L 24
P.D.B. ROAD 6
N 1399.99
E 2002.86
F"ND 1. IR IN CONC
AT EAST LINE MILLER
NORTH LINE STRANG
S 00.OO'3S"v 416-4.83'
, \/l'
S(
>..
C
"0 &
c
.. 0
It U
..,
CD \D '":
u~~ C(7\mu
duJ::. c-":i
~<g.o;:;:o~~
....~I-~-~~
\/I (7'\. .. 0
.!:C\Ju "5Uct;
.l..... ~ :; (5 I ~
"
C "
~ 1i
w c
:t
VI
~
u
<
cr
~
Tr~ct 3
71.1732 Acres
C 632918
o
<
C
cr
-!
<
::x
(:) 4c.?4~eo::~?
'A Tro.ct 3
-'0.0345 Ac
2 8158.
L. P.
/
P.Q.B. ROAD 4
N 699.78
E 3332.81
F"ND :' IR IN CONC
AT EAST LINE MILLE~
NORTH LINE STRANG
S 21-00'38'v 3711.37'
r
!
I
,I
I
j
I ~:
~
~w.
!!;:
'~}
;i~ L
~ Tro.ct 2
~~j .. 2.0864 Acres
".','L R B1SflR
.-.~ '64C c4 3cC'cco ! /
-: ~.
:r'
1.r~b D~ O~ 3CC::CCOl.1
., S... T ro.c-t 6
- ". ~ a, I'.. 3.8907 Acres 1.'g?:2
'; - ~ R 815818
.~ L4-
~'n, -:
~46 24";
t
:.... 2::
- 9-
D~ LX..+3CDoOQ ZD?//O' '\It
Tra.ct 5 l~\l r
5 4.20S8 Acres l.. '7/1^J_
R 815818 . "-'"1 l...IU1
. -~
L 26
L 27
L 28
L 29
L 30
L 31
L 32
L 33
L 34
L 35
L 36
L 37
L 38
L 39
L 40
L 41
L 42
L 43
L 44
1
~~2~ cecco i::..:;
. '-?I
2 .~. 5~-;1 "
II?
\/2'
I ~ /' -~ _ !" 50(\
/.. ~ - "'"")
- --' ,
. . . . . . . . . . . . . . . . -.
17
Tract 1
59.3790 Acreos
Hu",oll!' 811 L Re!'"!nlng COMpany
To
:lis ~llleors L Che,..,ic 0.1 C or;::l or a. tlon
. Oecel"lber 27. 1967.
C 632918
OffiCIal Publlc i<!l'Cords
Of Reo.l Proper... y
HarrIs Coun...y, Te-xo.s
>..
d &
c
o
.. u
.. \II. If') X
U Clo +' 0", .
d,-Clo C(7'\CJu
~.'t{ :f-::;;~
"O\D~~~~:5:;'
CC\J ex_~
S:;:;u J~u;i
~cr:i.. =~ 0.;
11\ 0 0
It
C It
L 1i
w C
:J
:r:
N
,
SCALE: 1 INCH. = 300' FEET
NOTE.. COORDINATES AND BEARINGS REFER TO QUANTUH PLANT COORDINATES AND BEARINGS.
REFERENCE IS HADE TO HETES AND BOUNDS DESCRIPTION OF EVEN DATE ACCOHPANYING
THIS PLAT,
DELTA ANGLE
17" 50'25'
17"50'25'
90-13'49'
51-11'07'
RADIUS
878.88'
878.88'
31.77'
82.53'
ARC
273.66 '
273.66'
50.03'
73,73'
I~
I-!
I ~
I u
7.216 Acrps
Chou-'" Lorar Mudd. ., ~ I.
Houston l!gntlnC ~ Po.pr cOl"lDa~11
February 3. 1949' III
~.' ". .~61 PQ. 7.J. .11:
6J'!>t'"~ ^eco,.....~;.s c;r ~.
harris County. T~X::'5 II,:
i~1
I,
, j
~
I
,
,
I
BEARING
VEST
N 35-53'36'V
N 19-31' 43''-.1
N 89-41'51'E
S 00-02'18'[
N 89-58'28'E
S 11-28'27'V
N 87'47'23'V
S 49-17'39'V
N 82-43'22'\/
N 31'35'28'\/
S 23-05'54'V
S 43-11'21'[
S 71-25'20'E
N 59'41'59'E
N 55-5S'57~E
S 89-0S'03'E
S 31-46'31'E
S 48-03'24'E
S 63-52'57'E
S 57-11'26'[
S 19'00'52'E
S 01'4 7'27'V
S 17'33'38'\/
DIST ANCE
348.55'
365.19'
241.22'
416.46'
237.23'
299.46'
32.19'
259.30'
122.61'
55.92'
82.39'
115.38'
99.28'
102.72'
77.63'
94.74'
17.71'
112.08'
128.65'
134.99'
99.94'
19:
137.:>8'
188.06'
. .-..._~ 1~".,.o!O' I
oJ .. .-" _. ....J.... ..
o.:.:~[, I
S 02-04 '59'\,/
S 05'54'47'\/
S 12'17'36'[
S 14 -22'22'[
N 89-59'25'V
N 89-57'33'V
N 05'49'40'V
N 2?-09'36'\J
N 4 4 -5~'37'V
N 66 -39'59'V
N 00-04'13'E
S 89-58'11'[
N 00-01' 49'E
N 12'31'07'[
N 00-04'll'E
N 06 '15' 14 ' '..,I
S 89' 4 5'50':::
S 07"49'53'V
S 19-31' 43'[
91.31'
18::-
8i .~J'
131.86'
450.77'
35.67'
259.78'
162.24'
298.04'
141.56'
342.76'
89.43'
37.85'
401.38'
367.12'
246.46'
69.10'
197.68'
241.22'
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
~'+-r~}~;
f~~;dlti~ ~~..I_
'.~f~~
~<:)~~\
\~ \.'
\9- ",~
'\ A.'~'"
~~~.~
...~
, stu.i~tt.er
1> A 0.776 Acr~ tr-a.ct of" IClnd conveyed to HUI'Ib1~ OR ... Rf!'f'lnlng Conpa.ny
by H.rbert \/. G.-Cllr.QC'l"', e~ a.l, In deeod datt'd .JunE' 4, J95-4, o.nd
r~corded In Votu~eo 2796 a. t Pa.gf! 192 of 'th~ D~~d Rt'cords of
Ha.rrls Coun~, T~xo.s.
\~o'
7.-4963 'Acr~s
Mel,,:,ln Tho,.,a.s 3eo,.ry, rt U:l(
To
..kewt. Hobl~y,et ux
August 5, 1982
H 572352
Of'flcla.1 PubUc RecordS
Of" Real Property
Ho.rrls County, Tpxa.s
50(.'
Cb 4 2?3D0900/S7
Tract 'e'
12.502 Acrt's
E. 1. Du Pont De N~Mours L Co~pany
T.o
Oua.n"tUf"l Che-~Iccil CorporCl tlon
Nove-Mber 23, 1988
L 967994
OFFicial Pubt\c R~cords
Of R.ClI Prop.rty
Harris County, T.xC1s
st.' \Ie.
~
~~ ,
4,,9-~ \9-"
O~. ~/Z.c;)~
'?'..~ "c;)c;). \'Z.
S". 'Z.'" ~'Z.' .
S ..~
~
\
"'&
<tl
rROAD 3
oC\J
I~
~~
47
.~
A!
f'" '" 4 5
I' " '" ~ 5, ~.>~ :~
........ " ...".... ~ .' '.'-r
J ~. '" ";' "J ' -' '-:.
: \ ",,='~)~~,,: ROAD
1 ,( ,,( :'~..i ....,)0...
. Y<9 " '5>" .:;.... "
~~;'., .1' "
./ ROAD 1,-' "
'~ "
I . IN/) : " ........
.v.A~.'.~~~
c'
'" 0
It..
L. 1ft
U ::J
<E
j/
>..
C
d
C.
~~ X
CIJ U(7'\ ~
"... -mu
~ 0 ~...:~ ~
Nt~:iC"l~:;
- d ~~-q
&tl .%'" :J U ex
C\J_ Q.o a:
~g ~~ 0
dE .D
..:~ 5
z ~
ROAD 1
. ,
",' '-; -:'. ~, " - ....;)s
'~ .J ~ ~ -".. - ~t...i,::' ." 4>
49
\/i
s{. '\
43
44
C{~Z730000 107
L66/
o---!>
16.160 Acrps
A - B Ch~"lcal C"rporCltlo,
To
:Alr Products L CheoMlc~ls. I ,"'c. .
Ma.y 5, 1978 .
r 599060
Of'f"lcla.l Public Re-cords
OF RE'al Pr-op~rty
Harris County, Tl!'xQ.S
Tract 'D'
16.5063 Acre-s
L 967994
48
P .Q.B. ROAD 1
S 2765.61
( 3078.99
rND l' IR IN CONC
A T EAST. LINE HILLER
NORTH LINE STRANG
N 8cr57'33'\I 1076.8<4'
>..
..
u
..
. \II
.!:
..rc;
9- . c;).
..' \,~:
~/i~
~ co- 'Z.
=
\q.
,
",:,..""'t ............-,. --. . ,,"..t:J
STRANc ROAD
(60' 1f1DE R-O-"")
, '\:
.91
p.c.~.~~aAO J ~~ ":1'
S 2.6(..18 / l.
( 3i-:88.31
F"ND l' II( Hl :ONC
AT :"t.ST lltlE MILLER
NOR r H UN( :; n~ANG
N 83.5.r33.... 1886.J6'
Pill. ROA-D 2
S 2765.71
E 3229.) 4
fND l' IR IN CONC
AT EAST LWE HILLER
NORTH LINE STRANG
N 89"57'3~\I 1226.99'
~
P.O.B. RAILROAD EASE!"IENT
S 27&6.32
( -4083.80
f"ND l' IR IN CONe
AT EAST LINE MILLER
NORTH LINE STRANG
N 89'57'331\1 208l.€> 7'
I' I..'
--~
NOTES.
LINE
L 45
L 46
L 47
L 48
L 49
L 50
L 51
L 52
L 53
L 54
L 55
L 56
L 57
L 58
L 59
L 60
L 61
L 62
L 63
L .64
L 65
L 66
L 67
L 68
L 5'3
L 70
L 71
L 72
L 73
L 74
L 75
L 76
L 77
L 78
L 79
L 80
L 81
L 82
L 83
L 84
L 85
L 86
L 87
L 88
TANGENT
137.95'
137.95'
31. 90'
39.53'
CHORD
272.55'
272.55'
45.02'
71.30'
CHORD BEARING
N 32.21' 49'V
S 32-21'49IE
S 41-54'39'[
S 25-18'15'E
DISTI\NCE
240.91'
253.27'
85.79'
233.07'
92.60'
250.4 7'
59.63'
67.89'
67040'
253.75'
163.83'
219.26'
38-4.79'
457.02'
103.25'
82.96'
68.80'
240.08'
400.16'
106.58'
396.34'
93.38'
129.84'
303.20'
4:;-....~b.
167.42'
329.52'
116.62'
82.23'
15-4.04'
92.98'
221.65'
17.8.26'
337.39'
36-4.34'
82.01'
45.21'
f
BEARING
S 26'37'06'[
S 05-52'11'(
N 00-02'27'[
N 40'01'22'\/
N 19-13'25'[
N 02-57'13'V
N 11-10'25,[
N 41-55'37 'E
N 23-02'34'E
N 06 -26'57'E
N 04-08'43'[
N 02-50'22'E
N 00-16'19'[
S 89-55'34'[
N 83-44;50'[
N 7S-ro'15'E
S 41-34'34'E
S 40-00'34'\/
S 30.20'39'E
S 18-03'50'E
S 00-02'13'E
S 80-28'25'v
N 87-23'01'[
S 89- 4 9'l1'E
oJ 34.12~13'-:
S 66 -15'04'E
S 46-28'19'E
S 49-cc'08't.
S 67'45'541E
S 44-15'36'E
N 41-11'49'[
S 00-07'42'E
S 4?-29'45'[
N 00-16'18'[
S 89" 43'39'E
S 79'58'30'(
S 49-33'35':::
S 16 -11 '02'[
S 02.04'38"..'
S 12-07'05'[
S 28-35'17'[
S 04 -55'29'E
S 30-54'57'[
S 84-12'04'(
47.90'
92.92'
77.4 7'
131.05'
104.23'
79.15'
109.16'
I
2) A 0.829 of !In Acr~ 'tra.ct of" land co.lleod TrC1c1: 1 o.nd a 0.727 of" o.n :1Crf!
~o.c"t of' la.nd co.llpd Tro.ct 2 a.nd convPypd to Hul"l~f! 011 L Rpf"1nlnQ ::o,.,pa.ny
by Carl C. Po. trick In c:i~~d do.~pd JUnE' 2, 195-4. o.,.,d r~corckod In Volun~ c7%
a. t Po.ge 260 o( t~ n..ed Reocoras of" Ha.rrls County, T. xa. s.
)> A 1.5831 Acrp ~o.ct of' land convE'Yl'd to HUr'lble on L R.f1,.,lng Co",oany
by ~o.r-oar~t Clarke Hungo.teo In df!f!d do."ted Juneo 11. 1965. a.nd rf!cor~d
In Volu,.,~ 5965 at Pag~ 387 of' ~~ DI!'t'd R~corc:is of Harris COUl'1~. Te-xo.s
<4) A 5 Acrp tro.ct of' lClnd Conveyed 1:0 A - B CN...lC:l.1 Corpora. t10,., by No. tl<:>ncl
D1stltlf!rs L Chenlcol Cor;::lora tlon ~ CE'f!d da. tea Novf!nber 30, 1962, and r~cor~ 0
In Volu,.,E' 4949 a.t PeLgt' IS3 ~ ~heo Dred Reocord.s of' Ho.rrls County, ipx:ls.
5> A 7.19 Acr" tro.c-t of la.nd Conveoyeod 'to AIr Products I. Ch~~lcals. Inc. by Eo..::.ra
A. Chap,.,o.n In deo~d da. ted Ho.rch 18, J977, Clnd r"cord~d a. t County Df!rk's tilt
Nu",bE'r- r 088269 of t"w Off'lclGl Public Rt'cords of' Real Propt'r1:y of Ha.rrls
County, Tf':l(a.s. Conftlcts wti:h 3.658 Acr"5 In County C1.rk's rh r 618875.
f.> '3oth 46th o.nd 'Z' S1:r~~t are Closed, bui: una.bl. to fInd record Infor"'a"tlon
On "the ':lctual Closlr1g 0; th~ roads.
.,t~
r~1) · 1.3068 ACr"eo5
rlrst CIty No. 'tlonal Bank of' Houston
To
Hu~bll!' Pip.,. Une CO/'\Po.ny
Ha.rch 2, 1970
D 072482
O.P.R .O.R.P .H.c. T x.
,.
Exhibit "B"
"'~
'~""'''''.~':,,:'.. '.
.
. .
~'N'Q DOC'tIMTht LIBRi~~Y
\1:-;, Not Remove)
BUSCH, HUTCHISON &: ASSOCIATES, LVC.
~ E.'~GIN::~RS - ARCHITECTS - SURV::.'~'C'~S ~
1107 rLE~OOD DRIVE BA)iC',','N. EXAS 77520
713-422-8213 ~~--'
DRAWN
JWM
DESIGN
CHKD.
RLHJ
SCALE - .
1-=300'
DATE
11-20-97
F.B.
PROPERTY SURVEY OF THE
LANDS OVNED BY
MILLENNIUM CHEMICAL PLANT
IN
LA PORTE, TEXAS
,.
..
-.
e
517'-68-1023
PAGE NO.5 - TRACT 1 - 237~9632 ACRES
SURVEYED: November, 1997.
SURVEYOR'S CERTIFICATE
I, Robert L. Hall, Jr., Reg Professional Land Surveyor No. 1610,
do hereby certify that the foregoing field notes were prepared
from an actual survey made on the ground and that all lines, '.-
boundaries and landmarks are accurately described there~n.
WITNESS my hand and seal at Baytbwn, Texas, this the 21st~, day
of November, A.D., 1997.
REG. PROFESSIONAL
NO. 1610
97-1365.FDN
.
e
;:': 517-68-:1 GZ 4
THE STATE OF TEXAS ~
COUNTY OF HARRIS ~
FIELD NOTES of a 69.6401 acre tract of land (TRACT A). a 32.6510
acre tract of land (TRACT B), and 7.4757 acre tract of land
(RAI~ROAD LAND). These tracts are situated in the William J.
Harr~s Survey, Abstract No. 29 and the Enoch Brinson Survey"
Abstract No. 5., Ha~ris County, Texas, and are' or may be out of ~
part of and across the following tracts of land: ~
A.
6I4tJ-, ...,. !" Mtal. 'Z-
B.
C.
D.
E.
F.
A 46.4006 acre tract of land called Tract 7 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at County Clerk's.File Number C
632918 of the Official Public Records of Real Property
of Harris Cou~ty, Texas. .
A 6.7203 acre tract of land conveyed to Humble oil and
Refining Company by Wallace Davis by deed dated June
11, 1965, and recorded at County Clerk's.file Number C
108879 of the Official Public Records of Real Property
of.Harris County, Texas.. .
A 1~1202 a~re tract of land called Tract 4 in a deed
from Humble Oil and Refining Company to Humble Pipe
Line company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris County,.
. Texas.
A 21.9491 acre tract of land called.tract 8 in a deed
from Humble .oil and Refining Company to National
Distillers and Chemical Corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas.
A 4.5855 acre tract of land called Tract 6 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated' December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas. .
A 0.2639 of an acre tract of land called Tract 3 in a.
deed from Humble oil and Refining Company to Humble
Pipe Line Company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris county,
Texas.
A 1.58~1 acre tract of land conveyed to Humble oil and
Refining Company by Margaret Clarke Hungate by deed
dated Jun 11, 1965 and recorded in Volume 5965 at Page
387 of the Deed Records of Harris County, Texas.
G.
e
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SIZ-68-I025
PAGE NO. 2 - FIELD NOTES
H.
I.
J.
K.
L.
A 10.9402 acre tract of land called Tract 5 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical .corporation dated Dec~mber 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas.
A 71.1732 acre tract of land called Tract 3 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official-Public Records of Real Property
of Harris County, Texas.
A 10.2936 acre tract of land called First Tract in a
deed from Ernest C. Japhet, et al, to Humble oil and
Refining Company dated June 10, 1965, and recorded at
County Clerk's File Number C 108878 of the Official
Public Records of Real Property of Harris County,
Texas.
A 1.7157 acre tract of land called Tract 2 in a deed
from Humble oil and Refining Company to Humble pipe
Line Company dated April 2, 1968, and recorded at
County Clerk's File Number C 689905 of the Official
Public Records of Real Prope~ty of Harris County,
Texas. ..
A 32.7395 acre tract of land called Tract 4 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris county, Texas.
A 10.43 acre tract of land conveyed .to Coastal
Industrial Water Authority by National Distillers and
Chemical Company by deed dated October 29, 1976, and
recorded at County Clerk's File Number F 014216 of the
Official Public Records of Real Property of Harris
County, Texas. .
A 1.4287 acre tract of land called Tract 1 in a deed
from Humble oil and Refining Company to Humble pipe
Line Company dated April 2, 1968, and recorded at '.
Gounty Clerk's File Number C 689905 of the Official
Public Records of Real Property of Harris County,
Texas.
A 59.3790 acre tract of land called Tract, 1 in a deed
from Humble oil and Refining Company to National
Distillers and Chemical Corporation dated December 27,
1967, and recorded at County Clerk's File Number C
632918 of the Official Public Records of" Real .Property
of Harris County, Texas.
M.
N.
O.
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517-68-1026
PAGE NO. 3 - FIELD NOTES
P. A 37.3081 acre tract of land called Tract 2 in a deed
from Humble oil and Refining comphny to National
Distillers and.Chemical .Corporation dated December 27,
1967, and recorded at county Clerk's File Number C
632918 of the Official Public Records of Real Property
of Harris County, Texas.
Q. An 8.5726 acre tract of land called Second Tract in a
deed from Ernest C. Japhet, et al, to Humble oil. and
Refining Company dated June 10: 1965, and recorded at
County Clerk's File Number C 108878 of the Official
Public Records of Real-' Property of Harris County,
Texas.
R. A 23.2845 acre tract of land conveyed to 'National
Distillers and Chemical Corporation by Syngas Company
by deed dated December 31, 1986, and recorded at County
Clerk's File Number K 905990 of the Official Public
Records of Real Property of Harris County, Texas.
S. Lots 45 through 48 of the STRANG SUBDIVISION as per
plat recorded in Volume 75 at Page 22 of the Deed
Records of Harris County, Texas.
T. A 31.7032 acre tract of land called Tract "BU in a deed
from E. I. Du Pont De Nemours and Company to Quantum
~hemical corporation dated November ~3, 1988, and
recorded at County Clerk's File Number L '9'67994 of the
Official Public Records of Real property.of Harris
County, Texas.
U. A 0.829 of an acre tract of land called Tract 2 in a
deed from Carl C. Patrick to Humble oil and Refining
Company by deed dated June 2, 1954, and recorded in
Volume 2796 at Page 260 of the Deed Records of Harris
county, Texas..
V. A 36.4562 acre tract of land called Parcel 3 in a deed
from E. I. Du Pont Nemours and company to National
Distillers and Chemical corporation dated December 31,
1986, and recorded at County Clerk's File Number K
905991 of.the Official Public Records of Real Property
of Harris County, Texas.
W. Lots 1 through 4 of the A. O. BLACKWELL SUBDIVISION as
per plat recorded in Volume 83 at page 343 of the. Deed
Records of Harris county, Texas.
Tract A, Tract B, and the Railroad Land are more particularly
described by metes and bounds as follows, to-wit:
NOTE: ALL BEARINGS AND COORDINATES REFER TO' THE QUANTUM PLANT
COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE
ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION.
. e
51(-68-1027
"
PAGE NO. 4 FIELD NOTES
TRACT A - 69.6401 ACRES
BEING out of and a part of Items I"~ 0, T, Sand W above and being
more particularly described by metes and bounds as follows, to-
wit:
BEGINNING at a 1/2 inch iron rod set for the Southeast. corner of.
this tract of land in the East line of Item No. T and the West.
line of a 12.5678 acre tract of land called Tract 2 in a deed
from First City National Bank of Houston, Executor, to Humble
Pipe Line Company and dated August 31, 1965, and recorded at
County Clerk's File Number C 164648 of the Official Public
Records of Real Property of Harris County, Texas. From this
corner a 5/8 inch iron rod found for the Southeast corner of Item
No. T and. the Southwest corner of said 12.5678 acre tract of land
in the North right of way line of Strang Road, 60 foot right of
way, bears South 00 deg 07 min 32 sec East 766.32 feet. This
BEGINNING corner has a Quantum Coordinate Value of South 2000.00
and East 4082.12.
THENCE WEST with the South line of this tract of land a distance
of 348.55 feet to a 1/2 inch iron rod set for the most Southern
Southwest corner of this tract' of land.
. . .
THENCE North 35 deg 53 min 36 sec West with the West line of this'
tract of land a distance of 365.19 'feet to the point of curvature
of a non-tangent curve, concave to the northeast.
THENCE in a Northwesterly direction with the West line of this
tract and said curve having a radius of 878.88 feet, a central
angle of 17 deg 50 min 25 sec, and a chord bearing and distance
of North 32 deg 21 min 49 sec West 272.55 feet to a 1/2 inch iron
rod for corner of this tract of land and the end of said curve.
THENCE North 19 deg 31 min 43 sec West with the West line of this
tract of land a distance of 241.22 feet to a 1/2 inch iron rod
set for an interior corner of this tract of land in the North.
line of Item No. T, the North line of Item No. S the South line
of Item No. Wand in the South line of Item No. O.
THENCE North 89 deg 58 min 11 sec West with the South line of
this tract of land, the North line of Item No. T, the North line
of Item No. S, the South ~ine of Item No. Wand the South line of
Item No. 0 and the North line of a 7.4963 acre tract of land
conveyed to Jack E. Mobley by Melvin Thomas Berry by deed dated
August 5, 1982, and'recorded at County Clerk's.File Number H
572352 of the Official Public Records of Real Property of Harris
County, Texas, a distance of 591.07 feet to a 1/2 inch iron rod
for the most Western Southwest corner of this tract of land.
.
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51('-68-10'28
"
PAGE NO. 5 - FIELD NOTES
, ,
THENCE North 00 deg 48 mirt 40 sec East with the West line of this
tract of land a distance of 1043.85 feet to a 1/2 inch iron rod
set for the most Southern Northwest corner' of this tract of land.
THENCE South 89 deg 45 min 50 sec~ast with the North line of
this tract of land a distance of 603.36 feet to a 1/2 inch iron
rod set for an interior corner of this tract of land.
THENCE North 00 deg 48 min 40 sec East with the West line of
this tract of land a distance of 1543.43 feet to a 1/2 inch iron
rod set for the most Northern Northwest corner of this tract of
land.
THENCE North 89 deg 41 min 51 sec East with the North line of
this tract of land a distance of 733.81 feet to a 1/2 inch iron
-rod set for the Northeast corner of this tract of land in the
East line of Item No. I and the West line of Item No. J above.
THENCE South 00 deg 06 min 24 sec East with the East line of this
tract of land, the East line of Item No. I, the. East line of Item
No. 0, the West line of Item No. J and the West line of Item No.
Q above a distance of 2589.14 feet to a 1/2 inch iron rod set for
.a. corner of this tract of land, the 'Southeast corner. of Item No.
0,' the Southwest corner .of Item No. .Q, the Northeast corner of
Item No. S and the Northwest corner of said Humble Pipe Line
Company 12.5678 acre tract of land. This corner is in the South
line of Item No. Wand the North line of Item No. S.
THENCE South 0 deg 07 min 32 sec East with the East line of this
tract of land, the East line of Item No. T, and the West line of
said 12.5678 acre tract of land a distance of 752.99 feet to the
POINT OF BEGINNING, containing 69.6401 acres.
.
e
517-68-1029
PAGE NO. 6 FIELD NO~ES
TRACT B - 32.6510 ACRES
BEING out o'f and a part of Items No. Land P above and being more
particularly described by metes. and bounds as follows, to-wit:
BEGINNING at a 1/2 inch iron rod set for the Northwest corner of
this tract of land in the West line of Item No. L above and the
East line of Item No. M above and from this corner a 5/8 inch ".
iron rod found for the Northwest corner of Item No. D and the
Northeast corner of Item No. M b~ars North 00 deg 06 min 24 sec
West 1354.77 feet. The Quantum Coordinate Value' for this corner
is North 1344.58 arid East 4540.18.
THENCE North 89 deg 41 min 51 sec East with the North line of
this tract of land a distance of 416.46 feet to a 1/2 inch iron
rod set for the most Northern Northeast corner of this tract of
land in the West line of a 15.00 acre tract of land conveyed to
Harris County Houston Ship Channel Navigation District by
National Distillers and Chemical Corporation by deed dated June
10, 1969 and recorded at County Clerk's File Number C 935818 of
the Official Public Records of Real Property of Harris County,
Texas.
THENCE South 0 deg 02 min 18 sec East with the,~ast line of this
tract of land and the West line of said 15.00 acre tract of land
a distance of 237.23 feet to a 1/2 inch iron rod set for an
interior corner of this tract of land and the So~thwest corner of
said 15.00 acre. tract of land.
THENCE North 89 deg 58 min 28 sec East with the North line of
this tract of land and the South line of said 15.00 acre tract of
land a distance of 299.46 feet to a point for the most Eastern
Northeast corner of this tract of land and the Southeast .comer
of said 15.00 acre tract of land. This corner is in the West
shore line of San Jac1nto Bay.
THENCE in a Southerly direction
of land and the West ~hore line
courses:
South
North
South
North
North
South
South
South
North
North
South
South
South
with the East line of this tract
of San,Jacinto Bay the follo~ing
11 .deg
87 deg
49 deg
82 deg
31 deg
23 deg
43 deg
71 deg
59 deg
55 deg
89 deg
31 deg
48 deg
28
47
17
43
35
05
11
25
41
55
05
46
03
min
min
min
min
min
min
min
min
min
min
min
min
min
27
23
39
22
28
54
21
20
59
57
03
31
24
sec
sec
sec
sec
sec
sec
sec
see
sec
sec
sec
sec
sec
West
West
West
West
West
West
East
East
East
East
East
East
East
32.19
259.30
122.61
55.92
82.39
115.38
99.28
102.72
77.63
94.74
17.71
112.08
128.65
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
feet;
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51('-68-1030
PAGE NO. 7 FIELD NOTES
South 63 deg 52 min 57 sec East 134.99 feet;
South 57 deg 11 mih 26 sec East 99.94 feet;
South 19 deg. 00 ,min 52 sec East 195.59 feet;
South 01 deg 47 min 27 sec West 137.58 feet;
South 17 deg 33 min 38 sec West 188.06 feet;
South 19 deg 21 min 59 see West 85.56 feet;
South 02 deg 04 min 59 sec West 91.31 feet;
South 05 deg 54 min 47 sec West 185.08 feet;
South 12 deg 17 min 36 sec East 87.63 feet;
South 14 deg 22 min 22 sec East 131.86 feet to a point for
the Southeast corner of this tract of land and in the North line
of a 23.2845 acre tract of land conveyed to National Distillers
and Ch~mical Corporation by Syngas Company by deed dated December
31, 1986, and recorded at County Clerk's File Number K 905990 of
t~e Official Public Records of Real Property of Harris County,
Texas.
THENCE North 89 deg 59 min 25 sec West with the South line of
this tract and the North line of said 23.2845 acre tract of land
a distance of 450.77 feet to a 1/2 inch iron rod set for an
interior corner of ,this tract of land and an interior corner of
said 22.2845 acre tract of land. '
THENCE South 41 deg 26 min 22 sec West with the Southeast line of
this tract of land and the Northwest line of said 23.2845 acre
tract of land a distance of 680.71 feet to a 1 inch iron rod in
concrete found for the Southwest corner of this tract of land,
the Southwest corner of Item No. P and the most Western Northwest
corner of said 23.2845 acre tract of land. This corner is in
the East line of Item No. M above.
THENCE North 00 deg 06 min 24 sec West with the West line of this
tract of land and the East line of Item No. M a distance of
2254.65 feet to the POINT OF BEGINNING containing 32.6510 acres.
"
e
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Sll-68-IOJ/
PAGE NO. 8 FIELD NOTES
RAILROAD LAND
7.4757 ACRES
BEING out of and a part of Items NQ~ T, S, 0 and W above and
being more.particularly described by metes and bounds as follows,
to-wit:
BEGINNING at a 5/8 inch iron rod found f~r the Southeast corner
'of this easement, the Southeast corner of...Item No. T and the
Southwest corner of a 12.5678 acre tract of land conveyed to
Humble Pipe Line Company by First City National Bank of Houston,
Executor, by deed dated August 31; 1965, and recorded at County
Clerk's File Number C 164648 of the Official Public Records o~
Real Property of Harris County, Texas. This BEGINNING corner is
in the North right of way line of Strang Road and from this
corner a 1 inch iron rod found in concrete at the intersection of
the North right of way line of strang Road, 60 foot right of way
and Miller cut-off Road, 60 foot right of way, bears North 89 deg
57 min 33 sec West 2081.67 feet. This BEGINNING corner has a
Quantum Coordinate Value of South 2766.32 and East 4083.80.
THENCE North 89 deg 57 min 33 sec West with the 'South line of
this easement, the South line of Item No. T and the North right
of way l~ne of Strang Road a distance of 35.67 feet to a .point.
for the' Southwest corner of this easement.
THENCE in a Northerly direction with the West line of this
Easement across Items No. T, S, 0 and W the following courses:
North 05 deg 49 min 40 sec West 259.78 feet;
North 27 deg 09 min 36 sec West 162.24 feet;
North 44 deg 51 min 37 sec West 298.04 feet;
North 66 deg 39 min 59 see West 141.56 feet;
North 45 deg 00 min 22'sec West 716.99 feet;
North 00 deg' 04 min 13 sec East 342.76 feet;
South 89 deg 58 min 11 see East 89.43 feet;
North'OO deg 01 min 49 sec East 37.85 feet;
North 12 deg 31 min 07 sec East 401.38 feet;
North 00 deg 04 min 11 sec East 367.12 feet;
North 06 deg 15 min l4 ,sec West 246.46 feet to a point for
~he Northwest corner of this easement in the North' line of Tract
A - 69.6401 acres - surveyed this day.
THENCE South 89 deg 45 min 50 sec East with the North line of
this easement and the North line of said 69.6401 acre tract of
land a distance of 69.10 feet to a 1/2 inch iron rod set for the
Northeast corner of this easement and an interior corner of said
69.6401 acre tract of land.
THENCE in a Southerly direction with the East line of this
easement across Items No. W, 0, Sand T the following courses:
South 00 deg 00 min 31 sec West 845.74 feet;
South 07 deg 49 min 53 sec West 197.68 feet;
e
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517-68-1032
PAGE NO. 9 FIELD NOTES
South 19 deg 31 min 44 sec East 241.22 feet to a 1/2 inch
iron rod set for a corner,of Tract A surveyed this day and the
point of curvature of a non-tangent curve to the left concave
~ortheast.
~HENCE in a Southerly direction with the East line of this
easement, the East line of said Tract A and said curve to the
left having a central angle of 17 deg 50 mih 25 sec, a ra~ius'~of
878.88 feet, a length of 273.66 feet and a chord bearing and
distance of South 32 deg 21 min ,49 sec East 272.55 feet .to a 1/2
inch iron rod set for a corner of this easement, a corner of said
Tract A and the end of this curve.
THENCE in a Southerly direction with the East line of this
easement the following courses:
South 35 deg 53 min 36 sec East 734.28 feet;
South 26 deg 37 min 06sec East 240.91 feet;
,South 05 deg 52 min 11 sec East 253.27 feet to the PLACE OF
BEGINNING, containing within said boundaries 7.4757 acres of
land.
.
e 5/ ('-68--1033
EXHIBIT B
to
General Warranty Deed
NOTICE REGARDING COASTAL AREA PROPERTY
Grantor and Grantee recognize that the Property (as described in the G~'neral
Warranty Deed to which this notice is attached) adjoins and shares a common boundary with the
tidally influenced submerged lands of the state. The boundary is subject t,o change and can be
determined accurately only by a survey on the ground ma~~ bY'ra.I~~,~~sed state land surveyor in
accordance with the original grant from the sovereign. TIle:QWner ofth~ ,Property may gain or lose
portions of the tract because of changes in the bOl1I}~ary ,..' Gr~tOr has no knowledge of any prior fill
as it relates to the Property. Grantor and Grantee recognize that state law prohibits the use,
encumbrance, construction, or placing of any structure in, op, or over state-owned submerged lands
below the applicable tide line, without proper~pemiissic)liYGrantee is hereby advised to seek the
advice of an attorney or othe.r qualified p~rs,on...as to th~ le~al. n~ture ~C:\ effect of th~ facts set forth
in this notice on the Property. Info~atiqh regarding. the locati~n ~f'\h~.;wplicable tide line as to the
Property may be obtained from tn~"~.9-rveymg divisio'nofthe 'General ~~d Office in Austin.
,:.'~': :,':' :;'~" . ':, :':~. ::~':.., ...,~:~. ~,,'r~' .;. ~,. ..,.
~:
Name:
Title:
GRANTOR:
Receipt Acknowledged:
GRANTEE:
RECORDER'S MEMORANDUM
AT THE TIME OF 'RECORDATION, THIS TE
WAS FOUND TO BE INAOEQUA
~~T~~~~~T PHOTOGRAPHIC REPROOUCTlOl'l
BECAUSE DF IllEGIBILITY, CARBON OR
PHOTO coPY, DISCOLORED PAPtR. ETt.
.
'HI ~ It"llm IEIlIQ III ULf, ~~ lit ~ '"
~Jn'~ rs flaCjl CIlIr' WlfUlNll_,_.__ M~ ~ ~
THE" ''fAl, 01' ~
. ~ ~= . ~lMIem ... FIl.EO III ,.. HwIII.t
~ llIl '" dIU IIld . III IIIne IINIlpId '*1Cll !Ir IIlr. IW'd ..,
6Jj RECOAOEO. ., fie 0IficW PullIc ~ 01 AMI ~ cI
t9IIs ~ Teras CII
MAR 8 0 199B
-(9
~~~
COUHrv ClERK
HARRis COUNTy TI:XAs
e
511-68-1034
::..u"A
e
e
"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
::...
.
.
"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rul~s and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from,property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. EX,isting trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
.
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"BXHIBIT e"
Page 2 of 2
c)
A screening plan, to be approved by the Ci ty , that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordinances, whichever is more
restrictive.
Dr i veways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris county and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and city.
~
. RECEl.VED
APR 2 7 2000
C · f L P TAX DEPT. . lPC
Ity 0 a. orte
Established 1892
April 24, 2000
'..;
Equistar Chemicals, L.P.
Attn: Tax Department
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 14, 2000. While reviewing 'the documents for completeness, we noticed the 2 sets of the
metes and bounds legal description was titled "Part 1 "and "Part II." With your concurrence
we will re-title this "Part I" and "Part II" as Exhibit" A."
Please indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and .we will return an original set to you. If you have any questions or concerns regarding this
matter call John Joerns at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincerely,
G~\-~
Robert T. Herrera
City Manager
Yes/ No
Re-title Part "I" & Part ~II" as Exhibit" A "U?' D
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Name:
Title:
Address:
P.O..Box 1115 · La Porte, Texas 77572-1115 · (281) 471~5020
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City of La Porte
Established 1892
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March 20, 2000
Equistar Chemicals LP
A~tn: Tax Department
P.O. Box 3646
Houston, TX 77253-3646'
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Gentlemen:
:~!., ASST. CITY MANAGER
. OFFICE
The city of La Porte and the committee representing industry have
reached final agreement on.a form of Industrial District Agreement
for the seven year term commencing January 1, 2001. copies of the
agree~ent are attached to this letter.
Please insert the'proper corporate name and state of incorporation
on the first page, and the corporate name and the name of the
authorized officer executing the agreement, on the signature page.
Please attach Exhibit "A" and'IB" legal descriptions to two copies
of the contract, and forward two fully e;xecuted copies of the
contract to the City of La Porte no later than May 1, 2000.
Executed agreements received by that date will be placed on the
city council agenda of Tuesday, May 9, ~OOO, for formal approval.
Thereafter, your firm will be furnished with a certified copy of
the city's approval ordinance, and a fully executed copy of the
agreement.
vi
v/
We at the City of La Porte feel that the continuation of Industrial
District Agreements, which first commenced in the City of La Porte
in 1958, is mutually beneficial to the City and the nearly sixty
companies with which it has such agreements.
Thank you for your cooperation in this matter.
Yours very truly,
CITY OF 'LA PORTE
By: G<~ T ~~
Robert T. Herrera, city Manager
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Enclosures
P,O, Box 1115 · La Porte, Texas 77572-11 (5 · (713) 471-5020
MAR 2 7 ZOOO
lAY ~C~T. - l.PG
.
.
ORDINANCE NO. 2000-IDA-72
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH MRTS 225 LTD (TOTAL SAFETY,
INC., LESSEE), FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007, HAICING 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. MRTS 225 LTD has executed an industrial district
agreement with the City of La Porte, for the term commencing
January 1, 2001, and ending December 31, 2007, 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon, The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof,
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
.
.
PASSED AND APPROVED, this day of January, 2005,
ATTEST:
YJ<~
Martha A, Gillett~
City Secretary
APPROVED:
z1~ aJ
Kfiox W. Askins,
City Attorney
By:
CITY OF LA PORTE
~y~
Alton E. Porter
2
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Februarv 14.2005
Requested By: Wayne Sabo vf 'z.,""f-o{
Department: Planninl!
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordibance:...K..-
Amount Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ordinance for Water Service Agreement
D. Water Service Agreement
E. Area Map
Budgeted Item: _YES -X-NO
SUMMARY & RECOMMENDATION
MRTS 225, LTD., owner of the Total Safety Building in the Battleground Industrial District, has approached
the City to provide water service to its site located at 11111 State Highway 225 between Miller Cut-Off Road
and Sens Road (See Exhibit "Ej.
Council has approved a policy to provide utility services to companies located outside city limits and within
the City's industrial districts. These companies are required to maintain a current Industrial District
Agreement with the City. MRTS 225, LTD. desires to pursue water service under the terms of the
aforementioned policy.
Based on the company's stated demand for domestic uses, the average daily demand for water is 4,250
gallons per day. Additionally, the company requests 25,750 gallons per day for industrial processes which
is limited to washing of industrial equipment. The applicant will pay one and one-half (1-%) times the City's
current utility rate.
The company is subject to administrative connection charges in the amount of $8,500. Additionally, MRTS
225, LTD. is assessed a pro-rata reimbyrsement charge in the amount of $15,532.39 for utilization of a
water main previously extended by Mr. Jqhn Frantz under a previous Utility Extension Agreement with the
City. Payment in the total amount of $24,q32.39 has been received from the company.
The term of the Water Service Agreement expires on December 31, 2007, plus any renewals and
extensions thereof. However, the agreements shall automatically expire at such time as there is no effective
Industrial District Agreement between the parties or if the city exercises the right of termination. Staff
recommends ~pproval of the Industrial District Agreement and Water Service Agreement as submitted
herein.
Action Required bv Council:
Consider approval of two ordinances: an ordinance authorizing the City Manager to execute an Industrial
District Agreement with MRTS 225, LTD. and an ordinance authorizing the City Manager to execute a Water
Service Agreement with MRTS 225, L TO.
Approved for City Council Ae:enda
,~-~~05
Date
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NO. 2000-IDA-72 ~
~
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 MRTS 225 LTD., a Texas
limited partnership (TOTAL SAFETY, INC., Lessee) 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:
FINAL DRAFT: February 24, 2000
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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,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made. a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "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.
2
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, 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, 2007,
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");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. 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, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to city an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. 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, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
3
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, 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, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2{a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (S%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,SOO,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 Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (S3%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, 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, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the city's independent appraiser,
4
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with 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, 2001, and continuing thereafter until December 31,
2007, 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, 2007, 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
city on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
5
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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 "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" paYments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" paYment and total paYment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
6
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in paYment of "in lieu of
taxes" 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.
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,
7
lJAN. 5. 2005~lO:31AM8 . '_OY RAMBIN INTERESTS
FAX r e
NO. 2959 P..~ 08
c:orpo~a.tion or oircumst.uoe" sball be held by any court of
competent jurisdiotion to be invalid or unconstitutional for any
%eason, then the application, invalidity or unconstitutionality of
suoh words, phrase, olause, sentence, paz:agraph, section, article
or otheJ:' part of the ~eement shall be deemed to be independent of
and sepal'able from the rema1nder ot th:1s Agreement and the validi~y
of the rema1~ing P&~t. of this AgrBem.nt shall not be affected
thereby.
X!.
upon the commencement of the term of this Agreement, all otber
pz:ev1ously existing industrial district agreelllents with respect to
said Land shall terminate.
ENTERSD INTO effective the 1st day of January, 2OA'". a.OO S
MRtS 225 LTD.
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C1ty Sec~eca.ry
BYI
CITY~ POR~B~
.~L_ \ ~L, ___ .
Alton HI Porter
Mayor
By:
ox W. Aslt1.ftS
City Attorney
city of La Porte
P.O. Box 1218
La porte, TX 77512-1218
CITY or LA 90RTE
604 West Fairmont parkway
La Porte, TX 77511
Phone; (281) 471-1886
rax~ (281) 471..2047
8
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nEXHIBIT An
(Metes and Bounds Description of Land)
NOV. 18. 2004 11: OOAM
MOODY RAMBIN INTERESTS . ~JO, 2626 P. 3/4
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L.-\."1D D.:~T.A SUR'.EYS. [NC~ECf.l\n-:,
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DON DENSON
R.~tli.r""d "Prvft:uion,,1 L:tnd SUfVC"(Or
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NOV 1. 8 2004
EXHIBIT IIB"
File No. 98-041 C
November S. 1998
METES AND BOUl'!DS....DESCRIPTION
6.0000 ACRE TRACT
^ tr.tet OfliUld containing 6.0000 acm out oC &116.9341 Acre Tract being part of
and out of II called 822.1 S4 Acre Traot originally conveyed to E.!, DuPont De N~mours &.
Company as described in Volume 1318, Page 364 of the Hmis County Detd Records
CHeDR). in the Enoch Brinson Survey, Abstract No. S. in Hurls County, Texas: said
6.0000 acres bei.D.g more particularly described by metes and bounds as follows:
COMMENCING at the most Southeast comer of SClid 116.9341 Acre Tract, same
being the Southy.ocst comer of a called 3.808 Acre Tract as described in Volume 5650.
Page 23 of the Harris County Detd Records, on the nonhedy right-of-way line of State
Highway 225. froni which a. found SIB-inch iron rod bears witness at S 70 "deg. 44' 34" E,
a distance of 0.27 feet; .
THE~CE, N 70 deg. 44' 34" W, o.1ong the northerly risht-of-w.y line of State:
Highway 22S, for a disWlce of 973 .22 feet to a S/8-inch iron rod set for the PLACE OF
8EGINNIN.Q~ . ~ --
-
THENCE, N 70 des. 44' 34" W, continuing alon~ the: northerly right-of-way line
of State Highway 225. for B ~istanec: of 558.92 fc=t to II SIB-inch iron rod set for comer.
same being On 'the easterly line oran Exxon Pipeline Company SO-foot ~mcnt ILS
described in Volume 4022, p~c 278 of the Hams County Deed Records;
THENCE, N 40 des- 06' 44" E, along the easterly line of said Exxon Pipeline
Company SO-foot Easement, for a distance of.641.05 feet to a. S/8-Inch iron red set ror
comer.
THENCE, S 70 deg. 44' 34" E, for a distance of 313.66 feet to a S/8-inch iron rod
sct for co~c:r;
THENCE, S 17 deg. 37' 39" W. for a distance of 599.29 feet to PLACE OF
BEGINNING, of a tract containing 6.0000 acres of land.
L
Date: IJ-~'(
ensont RPLS No. 2068; ~r ATE OF TEXAS
P.o. Bo_ 890027 . Houlton, Teu. 71289-00:21
Office: (113) 643-85155 . Fax: (181) J3NI9S0
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RBXBIBIT BR
(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.)
'_ .. . ~OV. 18. 2004 11: OOAM MOl RAMB I N INTERESTS
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nEXBIBIT Cn
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public-rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and'S' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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nEXHIBIT en
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the city and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approva~ of both Harris County and City.
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EXHIBIT "C"
Ordinance Authorizing
Water Service Agreement
nAY-~U-2U04 THU 03:35 PM
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STATE HWY.
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(370' R.O.W., THIS LOCATION)
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ORDINANCE NO. 2000-IDA-Ol
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN IHDUSTRIAL DISTRICT AGREEKEH'l' WITH SOUTH COAST - VAN LEER,LLC,
FOR THE TERM COHHENCING JANUARY 1, 2001, AND EHDING DECEMBER 31,
2007; MA1CING VARIOUS FIHDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FIHDING 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.
SOUTH COAST - V~ LEER, LLC has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, 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,.C9uncil was
posted at a place convenient to the public at the city Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.,
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is.so ordered.
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~ Q. ~Al11it
Mar a A. Gil ett
City Secretary
AP~zJ
Knox W. Askins,
City Attorney
By:
CITY OF LA PORTE
-t~~~
rman I.;. Mal ,
Mayor
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~O. 2000~IDA-~. {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDOSTRIAL 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 South Coast - Van. Leer. LLC .
. ., a nl'!1...n.-r,qT'p. .T.imit-'pil T,hh"il.;t-y ~~, hereinafter
called "COMPANY", , .' Company,
WIT N E SSE T H:
,... .'_."n'_______, .....,_.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 J::eaffirm<<ad and
adopted by this City Council as being in the best interest of the
City and its citiz'en,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 ~a 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
i~ 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 t;.he City of La Porte, said land being
1egal1y 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 autho~ity granted under .the Municipal Annexation Act and the
Ordinances of city':'referred to above, City and Company hereby agree
with each other as follows: .
FINAL DRAFT: February 24, 2000
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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 thereonj provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof j and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "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 I S selection. The parties recognize that in
making such appraisal for "in lieu" payment pu;rposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted'as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, 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, 2007,
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");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. 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, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, 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. 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, 2001, and each January 1 thereafter of the applicable
Value Ye~r during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible persona 1 property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, 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, in accordance, with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; 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
cum~lated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amoUnt of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
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, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had ,been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of City I 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, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, 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
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 un annexed portions of Company's hereinabove described
property which would be due to City in accordance with the
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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 wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(whiCh shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments'to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbi tration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as, the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
6
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" 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,effect1 which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without ~uch agreement neither party hereto would enter into this
Agreement. In th€ 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,
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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 deeme~ 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, 2001.
South Coast - Van Leer Texas, LLC
. ~. .(~MPANY)
By: ~t1A W
Name: 'Rnhin M",,..t-in
. Title: Vice' President
Address: 740 1 Wallisvill~ Rd.
Houston. Tx 77020
4'" ~, .
ATTEST:
By: ~~
. /N man L. alone
yor .
~w~
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La ~orte, TX 77572-1218
By:~"'T \\~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"BXHIBIT A"
(Metes and Bounds Description of Land)
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Exhibit "A"
. -~6l.:I't~ C('-4~r7;,,,,,,,,;.~-1,
TRACT 1
LEGAL DESCRIPTION
Atract of land containing 10.444 aces b~ing a part of Lots 13 and Lot 14, Strang Subdivision'
accord41g to the map or plat recorded in Volume 75, P.age 22 ofthe Deed Records of Harris
County, Texas. said 10.444 acre tract being a portion of that same tract as per deed recorded
in Hams County Clerk's File Number E796776. all being out of and a part of the Enoch Brinson
Survey Abstract Number 5, Harris County, Texas, and being more particularly described by
metes and bounds as follows:
Beginning at a found brass cap rod in concrete marking the southeast comer of said Lot 13, the
southwest corner of Lot 12, also being the southeast corner the her~in described tract;
Thence South 87 deg. 05 min. 47 sec. West along the south line of Lots 13 and 14 of said Strang
Subdivision fc;>r a distance of 1031.89 feet to a found 5/8 inch iron rod for corner marking the
southwest corner of the herein described tract and of said Lot 14; .
Thence North 03 deg. 00 min. 55 sec. West along the west line of said Lot 14 for a distance of
130.54 feet to a for comer;
Thence North 87 deg. 04 min. 55 sec. East for a distance of 326.58 feet to a 5/8 inch iron rod set for
comer;
. '
Then~e North 03 deg. 08 min. 53 seC. West for a distance of398.50 feet to a 5/8 inch iron rod set
for corner;
Thence North 87 deg. 04 min. 55 sec. East for a distance of585.00 feet to a point for corner;
Thence North 03 deg. 08 min. 53 sec. 'West for a distance of326.50 feet toa 5/8 inch iron rod set
for cornet in the South line of Strang Road. based on a 50 foot width;
Thence North 87 deg. 04 min. 55 sec. East along the South line of said Strang Road for a distance
of 120.00 feet to a 5/8 inch iron rod found for corner, marking the Northwest corner of Lot 12 and
the Northeast corner of Lot 13;
Thence South 03 deg. 08 min. 53 sec. East along ,the common line of Lots 12 and 13 for a distance
of855.81 feet to the Place of Beginning.
1
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"B"
Exhibit
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"EXHIBIT e"
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibi t "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT C"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, 'the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 ·
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City' s Code of Ordinances, whichever is more
restri~tive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4 . Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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01
City of La Porte
Established 1892
May 3,2000
South Coast Terminals LP
Attn: Tax Department
10900 Strang Road
La Porte, Texas 77571
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Gentlemen:
Two executed originals of th~ Industrial District Agreement (IDA) were received from you on May I,
2000. While reviewing the documents for completeness, we noticed the 2 ~ts of the metes and bounds
legal description was not titled "Exhibit A."' With your concurrence we will title this exhibit as
"Exhibit A. "
Also, we noticed 2 sets of the site layout were not titled "Exhibit B. " . With your concurrence we will
also title this exhibit as "Exhibit B."
Please indicate your acknowledgement and agreement by signing and returning this letter. Once these
matters are resQlved we will present these documents to City Council for approval and we will return
an original set to you. If you have any questions or COD,cems regarding this matter call John Joems at
(281) 471-5020;
Thank you for your cooperation in this matter.
Sincerely,
Q~ T. ~~
Robert T. Herrera
City Manager
Title Exhibit "A"
. Title Exhibit "B"
Yes
D
D
No
D
D
(Company)
By:
Name:
Title:
Address:
P,O, Box 1115 · La ~orte, Texas 77572-~115 . (281) 471-5020
-
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ORDINANCB NO. 2000-IDA-02
t'
.J;
AN ORDINANCB AUTHORIZING THB BXBCUTION BY THB CITY 01' LA PORTB 01'
AN INDUSTRID. DISTRICT AGRBBKBN'l' WID DOLI~~ PROPBRTIES, L.P., I'OR
THE TBU" CODBNCING JARUAltY 1, 2001, AND EilDING DECEMBBR 31, 2007;
MAKING VARIOUS FINDINGS AND PROVISIONS RBLATING '1'0 THB SUBJBCT;
FINDING COMPLIANCB WITH DE OPBN MBBTINGS LAW; AND PROVIDING AN
BI'FBCTIVB DATB HBREOI'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. DOLIMA PROPERTIES, L.P. has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, and ending December 31, 2007, 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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matter thereof has been discussed, considered and formally acted
upon. The City council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and 'it is so ordered.
e
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PASSED AND APPROVED, this 26th day of June, 2000.
ATTEST:
~(ll~,~
artha A. Gil ett
City Secretary
C:;rTY OF LA PORTE
By:
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NO. 2000-IDA- 02 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
IBDUSTRIAL DISTRICT AGRBEJIBBT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal cor5)ratiop of /t;rris copn:z n
Texas, hereinafter cal~ "C~~ and .:JJ~LIInA- ~~e~"'e.s r
, a ~ 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 ~n 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 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: .
~INAL DRAFT: ~e~ruary 24, 2000
.
.
I.
City covenants, agrees and guarantees that durinq the term of this
Aqreement, provided below, and subject to the terms and provisions
of this Aqreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonqinq to Company and its
assiqns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be chanqed pursuant
to the terms of this Aqreement. Subject to the foreqoinq and to
the later provisions of this Aqreement, City does further covenant,
aqree and guarantee that such industrial district, to the extent
that it covers said Land lyinq within said District and not now
within the corporate limits of City, shall be immune from
annexation by City durinq the term hereof (except as hereinafter
provided) and shall have no riqht to have extended to it any
services by City, and that all Land, includinq that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) qoverninq plats and subdivisions of land,
(b) prescribing any buildinq, electrical, plumbinq or inspection
code or codes, or (c) attemptinq to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constitutinq a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Hiqhway 225, or State
Hiqhway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is aqreed that City shall have the riqht to institute
or intervene in any aciministrati ve and/ or judicial proceedinq
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 requlations, to the same extent and to the same
intent and effect as if all Land covered by this Aqreement were not
subject to the Aqreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company aqrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tanqible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Leqislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
. improvements, and tanqible 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 tanqible personal property in the unannexed area
for the purpose of computinq the. "in lieu" payments hereunder.
Therefore, the parties aqree that the appraisal of the Land,
improvements, and tanqible 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 recoqnize that in
makinq such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tanqible personal property.
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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 persona 1
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, 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, 2007,
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 APPFaisal District rendition
form, or simil~r 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");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. 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 address~s 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, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to ci ty an amount "in lieu of taxes" on Company · s
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. 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, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any SUbstantial Increase in value of the Land,
improvements, and tanqible persona 1 property
(excludinq inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resultinq from new
construction (exclusive of construction in
proqress, which shall be exempt from taxation), for
each Value Year followinq completion of
construction in proqress, 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, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tanqible personal property
(excludinq inventory) as used in subparaqraph 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
J~nuary 1, 2000; 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 existinq Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparaqraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to Ci ty on all of the
Company's tanqible personal property of every
description, located in an industrial district of City,
includinq, without limitation, inventory, oil, qas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storaqe located on the Land,
if all of said tanqible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year durinq the term of this Aqreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code. '
wi th the sum of 1, 2 and 3 reduced by the amount of ci ty I 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, 2001, and continuing thereafter until December 31,
2007, 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, 2007, 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
thouqh it is not extended by aqreement 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
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, 'plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
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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 wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believe~ to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to' reach an
agreement as to the market value of Company's property' for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to. final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during'the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding~ The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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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 (Ch~pter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" 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 l.andowner 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.
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,
7.
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e
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, 2001.
Name:
Title:
Address:
By:
ATTEST: )1,
~a.'M
Cl. Secretary
By: ~_OF ~ PO~~
.~
Mayor
Knox W.' Askl.ns
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: @~ ,-: ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~'2047
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EXHIBIT KA"
Tract One
"
METES AND BOUNDS DESCRIV'ION
14.3012 ACRE TRACf
A tract orland containing 14.3012 acres being part orand out ofa 29.5749 Acre
oul of a 62.9303 Acre Tract being part of and out or the residue of caIIed Tract n
(117.281 ACff: Tract) lIS de~cdbc:d in County Clerk', Fate R2764t6 of the Official Public
Records oeReal Propa1)' of Harris County, Texas (OPRRPIiC>r and being part orand out
of the William M. Jo~ SUl'YC)'; AbstraCt No. 482 and the G. B. McKinstty Survey,
Abstract No. 47, In Harris. County, Texas; said 14.3012 acres being.more particularly
dc:lcribed by meles and bounds as fonows:,
BEGINNING. at the' SoutheaSt comer of said Tract II, same being the Southeast
COtner of said 629303 Acre Tract. on the westerly line of Bay Park RQad (100 feet wide),
from which a found SI8-inch iron rod (Clppal copperweJd rod marked #2827) bears
witness at S 08 deg. '39' 3T.E, a dis~ of 1.60 feet;
mENCE, S 87 deg. 31' 4Oft.W, along the southe..iy line of said 29.5749 Aere
Tmet, same being the southerly line of said Tract n, for a distance of 1,399.91 feet to 5/8-
inch iron rod set for corner,
, ,
nmNCB, N 02 deg. 27' 59" W, for a di~ce, of 445.00 feet to a point for
comer,
"
'. TImNCE, N 81. deg. 31' 40" E. for a distance of 1,399.91 feet to a point for
corner, on the westerly line of Bay Park Road (100 feet wide);
TIiENCE, S 02 deg. 27' 59" E. along the westerly line ofBny Park Road (100 feet
wide), for a distance of 445.00 feet to the POINT OF BEGINNlNO, of a tract containing
14.3012 aCres orland.
Page 1 of 2 Page6
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Tract TWQ
A tract of land contahUng 1.0251 acre being out of a 62.9303 Acre TlIIct, being
part of and out of the residue of called Tract IT (117.281 Acre TraCt) as described in
County Cleric's FIle R276416 of the Official Public Records ofRe81 Property of Harris
County, Texas (OPRRPHC), and be~g part of and out of the Willi~ M.loues Survey,
Abstract No. 482 and tile G. B, MeKinsny Survey, Abs1ract No. 47, 111 Hanis County
Texas; said 1.0251 acre being more particularly descn'bed by metes and bounds as .
follows:
. COMMENCING at tile Southeast comer of said Tract H, on the westerly line of
Bay Park Road (100 feet wide), from which a found Sl8-inch iron rod (capped
Copperweld rod marked #2827) bears witness at S 08 deg. 39' 37" E, a distance of 1.60
feet;
THENcE; 's 87 dog. 31' 40. W, along the southerly line of said 62.9303 Acre
Tract, for a distance of i,399.91 feet to a SI8-inch iron rod sef for the Southwest corner of
a 29.5749 Acre Tract, and being the PLACE OF BEGINNING;
TIiENCE, N ~7 deg. 31' 40" E, for a distance of 47839 feet to a SI8-Inch. iron rod
set for comer, o~ the west~Iy line of the aforesaid 29.5749 Acre. Tract;
. .,
lHENCE, S 02 deg. 27' 59" E, along the westerly line of ~d.29.S749 A.cre
Tract, for a distance oflOQ,OO feet to.the.PLACE OF BEGINN1NG; OratraCt COutahUng
1.0251 acre of land. . ,
. ,
Page 2 of 2 Pages
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND DOLIMA PROPERTIES, L.P.
1. 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 unannexed to the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I 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's said unimproved land, an amount
equal to the sum of 100% of the amount of ad valorem taxes which
would be payable to City if all the hereinabove described property
of Company had been within the corporate limits of City and
appraised each year by City's independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect during the term of this Industrial
District Agreement; provided, however, at such time as Company
commences improvements to Company's hereinabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described property, in accordance wi th
Paragraph III of this Industrial District Agreement.
3 . Company agrees that the real property of Company herein
described shall not be used as a site for commercial hazardous
waste incineration, i.e., incineration of hazardous wastes
generated offsite; provided, however, City does not waive its
rights reserved under Paragraph I of this agreement.
4. 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
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
DOLIMA PROPERTIES, L.P.
By: N~~~/-
Title: ~ eSI./) e/V'7
!l
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"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmo~t Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved pUblic right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs f'or multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective -visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
.........
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"BDIBI'l' e"
Paq8 2 or 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto state Highway
225 or state Hiqhway 146 sha11 be subject to the ru1es and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County 'and provisions of the City's Code of ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may requir~ the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
b~ subject to the approval of both Harris County and city.
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lh~ t9Sa,.l4jrr~ .sJ~JW~ ~~ of m~t~rt~ l~r~~r i.\~ (~h'~~lfy sh,ow[)~ (d) tJ..'t.;.(pr j$ sh~\~ n l\er<o~. Lh~r~ aa:~ 110
~hjbtt.'-:r)('ro~~~J.f o,?t.~ ~~. Pio~r:tY Q( pr9li~sio.ns lheH:rrolil~ l1;l~r,,-.u\t (~t) ,yui,bl~.~asc~lenLS Uf riglt(s.
q(.w.~y oil, l~ p~ a:04. il1~ ~ no ~ i$!br~ diS((~paIl( i~~~-, ~~lUlf(.~. shoria~~ 1 (l .un or boundilQ lin.:
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JJ~ ant, r~~~wJiJ)m ~ ~~d.W~,. QI tI\(f ~~l1y .and set Oatk ~OUl LllO: l'ioP6i:t hues Ll1~ .jis~fc'
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we .bU~t1~ar(eA dll1)~ir,AA:.f,.ut~ ~tb~, Ue(aH~" shown hw:Ot\ arir lI\A~ ~i'" 'OfJ~('. 0) lMllltis sun_y i, a
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, tb~JCS'~~)~ot ~grn~(~ UP~~"tifJ1~ ~h.4.~J~.rtti a,at boil} teQd~t al)d 'riV\t CUlnpaoy ar~ ~i1(jll~J {O
f~ly on t6(~ p,J~fQ( s~e~ ~ bj:fp,gliv" arl!.(ac(vr~(~ ~11~ 111\S t;Qrlsl~cr<l.Uo(\ ('1 ~ p'i1id h) lh" SUJv~)or ror
l~" p(epar~~ion:'i1J1d (t:.itiii(;tit?o oJ ~i.l~J) s~ey, !v i It ~ paid., i 1,"part: tOt thd b(n~ lie 0 ( t~(iuet and 'ri tr~
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1. surv6Y,Qq~~d 00 In/ormQtlon proYld~. by
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eVl.owce.: NO PRO,PtkG ~'PI.1(f.lN<<S"I.Utt.LITI!' PWqu~O TO O.ATC. '
. '.: iif)~j>'~t:Q~ 10, AcaE~r.' 6&I~ fRlt:Ho~1DOO DE.~tl~~Hr co. & AT\.AHtJ~ AICH1Jllf) ct). 4. elRTAIN ENVIROt\a.E.tffA\.
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.
FROM THE DESK OF
"
JOHN JOERNS
May 9, 2000
TO:
Doug Kneupper, Director of Pia
FROM:
SUBJECT:
John Joerns, Assistant City
Attached is the IDA for Dolima Properties. This firm has provided both Exhibits "A" &
"S". We will hold the other IDA's until we receive their Exhibits "A" and "S".
Please review the metes and bounds description (Exhibit "A") and the map (Exhibit "S")
for conformity. Once the exhibits are reviewed, please note your findings in writing
and return the exhibits to Crystal. Also, these exhibits are originals, therefore, please
be careful to return all information sent to you.
Thank you for your cooperation.
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.
International Distribution Corp.
~@~OW~rnI
MAY I 0 2llOO &
_-.1
ASSl. crr.v M/,.i-JAGER
OFFICE _.J
ill
March 28th, 2000
Mr, Robert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77572-1115
Tel: 713 471 5020
Dear Mr, Herrera:
The information you requested, in regard to the proposed seven-year Industrial District Agreement with
The City of La Porte is enclosed. .
Please feel free to call me with any questions.
Very truly yours,
~
Douglas D, Walt, President
DOLlMA PROPERTIES, L.P.,
DW:uc
Encl.
SERVING THE CHEMICAL INDUSTRY SINCE 1,977
13103 BAY PAR~ · PASADENA, TEXAS 77507 · PHONE: (713) 645-4080 ., FAX: (713) 645-2414
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.
.
International Distribution Corp.
March 28th, 2000
Mr, Robert T, Herrera, City Manager
CITY OF LA PORTE
P. 0, Box 1115
La Porte, Texas 77572-1115
Tel: 713 471 5020
Dear Mr, Herrera:
The information you requested, in regard to the proposed seven-year Industrial District Agreement with
The City of La Porte is enclosed,
Please feel free to call me with any questions,
Very truly yours,
~
Douglas D. Walt, President
DOLIMA PROPERTIES, L.P.,
DW:uc
Encl.
fD) IECEDVlErnl
lfl1 MAR 3 0 2000 lW
CIlYMANAGER"
OffICE
SERVING THE CHEMICAL INDUSTRY SINCE 1977
13103 BAY PARK · PASADENA, TEXAS 77507 · PHONE: (713) 645-4080 · FAX: (713) 645-2414