HomeMy WebLinkAbout2000-IDA-36
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ORDINANCE NO. 2000-IDA-36
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NOLTEX L.L.C., FOR THE TERM
COMMENCING 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. NOLTEX L.L.C. 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.
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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
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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 23rd day of October, 2000.
ATTEST:
~[).)4~
M rt a A. Gillete
City Secretary
~zJ
Knox W. ASkins,
City Attorney
CITY OF LA PORTE
By: 4~~
Mayor
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NO. 2000-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of HarriEi County,
Texas, hereinafter called "CITY", and ,vOL -r<:::x: L. L. C ,
, a De.LAwAA€ corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No~ 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
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 wi th 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.
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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 similc;lr 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 ci ty an amount " in I ieu 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 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 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,
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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'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 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 fai th negotiations in an attempt to reach an
agreement as to the market value of Company's property for .. in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to city on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board,of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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 (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 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,
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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.
{VoL -re-><. L ,L,C,
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By:
J
:t!J.T:
fJH~().g~{//q
Cl.ty Secretary
~F LA PORTE
By: ,
.orm f1~~
Mayor
nox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: G~ 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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. _. ~S AND SOONDS DESCR!?T~~
Being a 14.70i acre (640,628 square teet) (59,515.79 square
meters) tract wholly contained within the E. I. DuPont de Nemour3
and Company, La Porte, Ha=ri~ County, Texas plan~ 31te, and being
ou~ o~ Lot 1, Lot 2, and Lot 3, ct the Strang Subdlv1310n, a3
recorded 1~ Volume 15 a~ ~age 22, ot the Har~is County Deed
Records, in the Enoch Brinson Survey, A-5, La Porte, Barris
County, T~xa~, a~ further conv~~~d by deeds to E- I. DuPont de'
Nemours and Co. ,as recorded in Volume 8025, a~ Page 318; Volume
2487, a~ Page 217; Volume 8111, at Page 60; Vol~e 2488, a~ Page
2191; by Harris County F1lm F11e No, 119-31-2191; by Harris County
F1lm F1le No. 169-33-0421 and by Harris County Film File No. 135-
39-0587; said 14.701 gross aore traot consisting ot a 14.334 net
acre tract reterred to as ,. 14.334 acre LEASZD PREMISES .. and a
0.313 acre trac~ reserved by E,I. DuPont de Nemours and Company;
the sa~d 14.707 gross aore tract and the 0.373 acre reserved tract
being tur~her descr1bed by me~es and bounds based on ~he E. I.
DuPont de Nemour~ and Company La Porte plant site coordina~e
5YS~em as tollows:
Commenc1n~ at the original Northeast corner of Lot 3 ot the
aforementioned Strang Subdivision.
Thence, South 00 degrees 08 minutes 40 seconds Wes~; coinciden~
with the East bounda~y line o! Lot 3 and the West boundary of Lot
2; a distance ot .5.00 feet (1.52 M) to the exi~ting South righ~-ot-
way line of Strang Road ( based on a width of 80.00 feet ).
Thence North 89 degrees 56 minutes 20 seconds East; co1nc1den~
with the South right-o!-way line o! Strang Road; a distance of
150.26 feet (45.80M) to a point for corner.
Thence, Sou~h a dls~ance of 22.67 feet (6.91M) to a S/Bh iron rod
set for the Nor~hwe3t cor~er of thi~ 14.707 acre tract and the
POINT OF BEGINNING; said point having DuPont La Porte plant site
coordinates North 4600 and West 5800.12 and Texas S~ate Plane
Coordlna~es Lamber~ Projection Sou~h Cen~ral Zone ( 1921 Datum )
Nor~h 700,74i.235 and East 3,255,971.306.; and trom which DuPc>nt La
Porte Honument No. 102; located a~ Du?on~ La Porte Plant s1te
coordinates N 4690, West 5760; bears N 24 degrees 02 Mlnutes Zi
Seconcs E a dls~ance at 98.53 teet ( 30.03H ).
Thence East; along the North line ot the said 14.701 acre tract; a
dis~ance ct 503.40 tee~ (153.4~ ~) ~c ~ r~11road ~pike ~e~ tor the
Nor~hea~~ cor~e~ ot th~s 14.707 acre ~=ac~; ~aid po1n~ h~ving
DuPont La Por~d plan~ ~i~e cocrdi~a~es Nor~~ 4600 and We3t 5296.12
a~d Tex5~ Sta~e Plane Coordlns~e3 ( 19:7 Da~um ) Nor~~ 100,774.510
and E3~~ 3.256.473.908;
T~~~c~ Sou~~; 3lcr.~ ~~d mo~t Ea~te:ly ll~d or ~~d ~ald 14.707 ac=e
~r~c~; a d~3:3n~~ or 22:.13 !edt (67,7~ ~) ~~ a 5/3" l=cn rod ~et
~~~ 3 5out~dS~~ C~~~~= ot t~i~ 1~,707 sc=~ t:3C~: ~a~d pal~~
h.::1vt.n~ OuP.:n:. La ?~::-:~ pLan: 3:':'~ c:::cr::':';".~~~:!. No=:'~ 4,J77, 87 and
Wd:!\:. 5:96 7::::
P:lt{~ . 0~ -\
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Thence We8~i along a Sou~h line ot the said 14.707 acre tract; a
d1s~ance ot 86.28 tee~ (26,30 M) to a rail road spike ~et for an
interior North~e~~ corner of this 14.707 acre tract; said point
having DuPont La Porte plant site coordinates North 4377.87 and
West 5383;
Thence South; along an interior East line of the Baid 14.707 acre
tract; a distance or 314.14 teet (95.75 M) to a rail road spike
set tor a Southeast corner of this 14.707 acre ~racti said point
havin6 DuPont La Forte pl'ant B1 te coordinate:s North 4063.73 and
W.est 5383;
Thenoe West: along a South line of said 14.707 acre tract; a
distance of 36.77 teet (11,21 M) ~o a railroad spike se~ for an
interior Southeast corner ot this 14.707 acre tract; said point
having DuPont La Porte plant site coordinates North 4083,73 and
West, 5419.77;
Thence South; along an interior East line of said 14.707 acre
traot; a distance of 81.83 fee't (24.94M) to an "X" marked in a
concrete curb for a Southeast corner of this 14.707 acre tract;
said point having DuPont La Porte plant site coordinate5 North
3981.90 and West 5419,77:
Thence West; along a South line of said 14.707 acre tract; a
distance of 75.41 teet (22,99M) to a 5/8" iron rod set for an
interior Southeast corner o'l this 14.707 acre tracti said point
having DuPont La Porte plant s1~e coordinates North 3981.90 and
West 5495.18;
,
Thence South; along an Ea~t line of said 14.707 acre ~ract; a
dls~ance of 215.81 tee~ (65.78M) to a 1/2" iron rod ~et tor the
Southeast corner o'l ~his 14.701 acre tr~ct; said point having
DuPont La Porte plant site coord1na~es of North 3786.09 and West
5495.18; .
Thence West; along the most Southerly South line of ~aid 14.707
acre traot; a distance of 65.90 feet (20.09H) to ~he South~est
corner of a concrete 'looting for a flare; said po1nt having DuPont
La Porte plant site coord1nates of North 3766.09 and West 5561.08;
Thence Nor~h; along the West side of the concrete flare footing; a
distance of 8.91 teet (2.72H) to a 5/8" iron rod set for an
interior 50uthea~t corneri said point having DuPont La Porte plant
site coord1nates North 3775 and Wes~ 5561.08;
Thence We~~; ~long a South line o~ ~aid 14.707 acre tract; a
distance ot 838,66 fee~ (255.62M) to a 5/8'" iron rod set for
corner in a 7 toot ch~in link fance for the Southwest corner of
thl~ 14.707 ~cre ~ract; said poine having DuPo~t La Port~ plant
~lCd coordlnacd~ Nor~h 3775 and We~t 639a.7~;
PS,I{a 2 of "'
,Thence North; along a~in a 7 toot chain link .CO; a d1~tance
ot 505.27 teet (154.0~ to a corner post ot th - toot oha1n link
tence; being the most We~terly Northwest corner ot thi: 14.707
acre tract; said point hav1ng DuPont La Por~e plant site
coordinates North 4280.27 and Wes~ 6399.74;
Thence East; along and in a 7 toot cha~n link fence; a distance ot
599.62 feet (182.76M) to a corner post ot the 7 foot chain link
fence; being an interior Northwest corner of this 14.707 acre
tract; said point having DuPont La Porte plant 31te coordinates
North ~280.27 and West 5690.12;
Thence North; along and 1n a 7 toot chain link tence; a distance
of 319.73 feet (97..45M) returning to the POINT OD BEGINNING.
Save and except a 0.373 aore (16,245 Square teet) (1,509.25 Square
meters) tract of land enolosing DuPont's injection well; said
0.37~ aore tract being more particularly de~crlbed by metes and
bounds as follows:
Commenc1na at an interior North~est corner of the said 14.707 acre
tract of land. being a corner post of a 7 foot chain link fence;
said point llsving DuPont La Porte plant 3ite ooordinates North
4280.27 and West 5800.12;
Thence, East a distance of 40.12 teet (12.23M) to the centerline
of 18th. Street to a point tor corner; said point having DuPont La
Porte plant site coordinates North 4280.21 and West 5760;
Thence Southi along the centerline of 18th, Street; a distance of
89.77 teet (27.36M) to a point tor corner; said point havlng
DuPont La Porte plant site coordinates North 4190.50 and West
5760;
Thence, East a distance of 10.00 teet (3,05M)to a railroad spike
set tor the POINT OF BEGINNING ot this 0.373 acre tract of land;
said poin~ having DuPont La Porte plant site coordinates North
4190.5 and West 5750i
Thence, South 65 degrees 46 minutes 20 seconds East, a distance of
98.69 teet (30.08M) to a 6/8- iron rod set for corner; said point
havin~ DuPorit La Porte plant site coordinates North 4150 and West
5660;
Thence, South a distance of 140.00 teet (42.67H) to a 5/8- iron
rod set tor corner; said point having DuPont La Porte plant site
coordinates North 4010 and West 5660i
Thence, South 65 degrees 46 minutes 20 seconds West, a distance of
98.69 teet (30.08M) to a railroad sp1ke set for oorner; said point
having DuPont La Porte plant site coordinates North 3969.5 and
West 5750:
Thdnce, North a dis~ance of 2~1.00 teet (67,36M) retur~ing to the
POINT O~ BEGINNING ot this 0,373 acre tract.
Said NOL T!X I L. L. C. ., LEASED PRK:1ISES .. cont.ain1ni[ a net. area of
l4.334 3c~e~ ot 13nc (624.383 Square Fee~) (~8.008,49 Squar~
Het.dr~)
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Said 14.707 acre trac~ 8ubject to pipeline easements granted ~o
Union Carbide Corporation by instrument recorded under Harris
County Clerk's F1le No. DS902281i and to Gu1t 011 Corporation by
" instrument recorded in Volume 8570 a't Page 395 o't the Harris
C;:;Z2r~
H. Carlos Smi'th
Texas Rea1s'tered Protess1onal Surveyor No. 1228
April 28, 1994
,
REv. 7/19/94
Pa~e <\ of 4
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I4-cd No. 1...
NOLTEX,L,L,C. LEASED PREMISES
METES AND BOUNDS DESCRIPTION
Being a 1.467 acre (63,908 square feet) (5,936.65 square
meters) tract wholly contained within the E. 1. DuPont de Nemours
and Company, La Porte, Harris Cotmty, Texas plant site, and being
out of Lot 2 and Lot 3, of the Strang SUbdivision, as recorded in
Volume 75 at Page 22, of the Harris Cotmty Deed Records, in the
Enoch Brinson survey, A-5, La Porte, Harris Co\IDty, Texas, as
further conveyed by deeds to B, I. DuPont de Neroc>Utts and Co., as
recorded in Voh.une 8111, at Page 60 Harris Cotmty Deed Records
. '
and by Harris Cotmty Film File No. 169-33-0421; said 1.467 acre
tract referred to as the "ADDITIONAL PARCEL', being further
described by metes and bo\mds based on the E. I. DuPont de Neroc>urs
and Company La Porte plant site coordinate system as follows:
Cormnencing at the original Northeast corner of Lot 3 and the
Northwest corner of Lot 2 of the aforementioned Strang
SUbdivision.
Thence, S 00 degrees 08 minutes 40 seconds W a distance of 5.00
feet ( 1,52 M ) to a point for corner coincident with the existing
south right-of-way line of Strang Road.
e
Thence, N 89 degrees 56 minutes 20 seconds E; coincident with the
existing South right-of-way line of Strang Road based on a width
of 60,00 feet; a distance of 150.26 feet ( 45.80 M ) to a point
for corner.'
Thence South, a distance of 22.67 feet (6.91M) to a 5/8" iron rod
found for the Northeast corner of the "ADDITIONAL PARCEL" and the
POINT OF BEGINNING; said point being coincident with the Northwest
corner of that certain 14, 707 acre leased premises as recorded
\IDder Harris County Clerk's file.Number R014037; said point having
DuPont La Porte plant site coordinates North 4600 and West 5800.12
and Texas State Plane COOrdinates Lambert Projection South Central
Zone ( 1927.Datum ) North 700,747.235 and East 3,2~5,971.306;
It
Thence, South; along and in a 7 foot chain link fence and
coincident with a West bo\IDdary line of the aforementioned 14. 707
acre leased premises; distance of 319.73 feet ( 97.45 M ) to a
corner post of the 7 foot chain link fence; said point being the
Southeast corner of this 1. 467 acre tract and being an interior
corner of the said 14.707 acre leased premises; said point having
DuPont La Porte Plant site coordinates N 4280.27 and W 5800.12
EXHIBIT A-l
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Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the aforementioned
14,707 acre leased premises; a distance of 199.88'feet ( 60.92 H
to a 5/8 inch iron rod set for the SoUthwest corner of the
"ADDITIONAL PARCEL" and having DuPont La Porte .Plant site
coordinates N 4280.27 and W 6000.
.
Thence, North a distance of 319,73 feet ( 97,45 H ) to a 5/8 inch
iron rod set for the Northwest corner of the "ADDITIONAL PARCEL"
said point having DuPont La Porte Plant site coordinates N 4600
and W 6000.
Thence, East a distance of 199.88 feet ( 60,92 H); returning to
the POINT OF BEGINNING.
~~~
H. carlos smith
Texas Registered Professional surveyor No. 1228
March 15,1995
Revised April 4, 1995
o
,
EXHIBIT A-2
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NOLTEX,L.L.C. LEASED PREMISES
METES AND BOUNDS DESCRIPTION
ADDITIONAL PARCEL NO. 2
Being a 1.487 acre (63,908 square feet) (5,936.65 square
meters) tract wholly contained within the E, I. DuPont 4e Nemours
and Company, La Porte, Harris County, Texas plant site, and being
out of Lot 3, of the Strang Subdivision, as recorded in Volume 75
at Page 22, of the Barris County Deed Records, in the Enoch
Brinson SurVey, A-Sf La Porte, Harris County, Texas, as further
conveyed by deeds to E. I. DuPont de Nemours and Co, ,as recorded
in Volume 8111, at Page 60 Harris County Deed Records and by
Harris County Film Code No. 169-33-0421; said 1.467 acre tract
referred to as .the "ADDITIONAL PARCEL NO.2", being further
described by metes and bounds based on the E. I. DuPont de Nemours
and Company La Porte plant site coordinate system as follo~s:
Commenoin. at the original Northeast corner of Lot 3 and the
No~thwest corner ot Lot 2 of the aforementioned Strang
Subdivision.
Thence, S 00 degrees 08 minutes 40 seconds W a distance of 5.00
feet ( 1.52 M ) to a point for corner coincident with the existing
south right-of-way line of Strang Road.
Thence, S 89 degrees 56 minutes 20 seconds Wi coincident with the
exIsting South right-of-way line of Strang Road based on a width
~ 60,00 feet; a di~tance of 49.62 feet ( 15.12 M ) to a point for
I>rner .
Thence South, a dbstance of 22.46 feet (6. 86M) to a 5/8" iron rod
found for the Northwest corner of the "ADDITIONAL PARCEL'" herein
after called "ADDITIONAL PARCEL NO.1" and the Northwest corner of
the herein described "ADDITIONAL PARCEL NO, 2" and tbe POINT 0:8'
BEGINNING said point having DuPont La Porte Plant Site coordinates
N 4600.00 (1402.08 M) and W 6000,00 (1828.80 M)i
Thence, Southi coincident with a West boundary line of the
aforementioned "ADDITIONAL PARCEL NO.1", 1.487 acre leased
pa~cel, a distance ot 319,73 feet ( 97.45 M )' to a point for
corner in a 7 foot chain link fence, said point being the
Southwest corner of the 1.467 acre "ADDITIONAL PARCEL NO.1" and
the Southeast corner of the herein described "ADDITIONAL PARCEL
NO.2, and being a point on a North line of the" said 14.707 acre
leased premises: said point having DuPont La Porte Plant site
coordinates N 4280.27 (1304.63 M and W 6000.00 (1828.80 M);
EXHIBIT A-I
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Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the 14.707 acre leased
~emises as recorded under Harris County Clerk's file Number
~014037,; a distance of 199.88 feet ( 60.92 M ) to,a 5/8 inch iron
rod set for the Southwest corner of the "ADDITIO~AL PARCEL NO.2"
and having DuPont La Porte Plant site coordinates N 4280.27
(1304.63 M) and W 6199.88 (1889.72 M), said point being.found 0.35
feet (0.11 M) South of the 7 foot chain link fence;
Thence, North a distance of 319.73 feet ( 97.45 M ) to a 5/8 inch
iron rod set for the Northwest corner of this "ADDITIONAL PARCEL
NO.2" said point having DuPont La. Porte Pla.n-e site coordinates
N 4600 (1402.08 M) and W 6199.88 (1889.72 M);
Thence, East a distance of 199.88 feet ( 60.92 H)j returning to
the POINT OF BEGINNING.
~/
B. Carlos SJD1'th
Tex85 Registered Profe5eional Surveyor No. 1228
Fe;bruary 1.1999
-
EXHIBIT A-2
I
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TENANT APPURTENANCE
WAY NO.' 1-A ( DRIVEWAY'ENTRANCE )
Being a non-exclusive right along, over and across the
DuPont La Porte plant site, herein after called Way No. i-A
(Driveway Entrance), for ingress, egress and access' to the
ADDITIONAL PARCEL NO.2, located within the DuPont La Porte
plant site; said right being described by the centerline of
said Way No. i-A (Driveway Entrance) as follows:
Commencing at a 5/8 inch iron rod found for the Northeast
corner of the ADDITIONAL PARCEL NO.2; said point being also
the Northwest corner 'of ADDITIONAL PARCEL NO.1, having
DuPont La Porte Plant Site Coordinates N 4600 and W 6000;
Thence, West; coincident with the North boundary line of the
ADDITIONAL PARCEL NO.2; a distance of 67.00 feet ( 17.27M )
to the POINT OF BEGINNING of Way No. i-A; said point having
DuPont La Porte Plant Site Coordinates N 4600 and W 6067.
Thence, North with the centerline of Way No. 1 a distance of
22.39 feet ( 5.77M ) to a point of termination; said point
being coincident with the existing South right-of-way line
of Strang Road ( based on a width of 60.00 feet) and having
DuPont La Porte Plant. Site Coordinates N 4622,39 and
W 6067.
Prepared from coordinates furnished by DuPont and not
surveyed on the ground.
7/~4
H, Carlos Smith
Texas Registered Professional Surveyor No.
February 3. 1999
Page 1 of 1
~
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NOLTEX,L,L,C, LEASED PREMISES
METES AND BOUNDS DESCRIPTION
ADDITIONAL PARCEL NO. 2
Being a 1.467 acre (63,908 square feet) (5,936,65 square
meters) tract wholly contained within the E. I. DuPont de Nemours
and Company, La Porte, Harris County, Texas plant site" and being
out of Lot 3, of the Strang Subdivision, as recorded in Volume '75
at Page 22, of the Harris County Deed Records, in the Enoch
Brinson Survey, A-5, La Porte, Harris County, Texas, as further
conveyed by deeds to E. I. DuPont de Nemours and Co. ,as recorded
in Volume 8111, at Page 60 Harris County Deed Records and by
Harris County Film Code No. 169-33-0421; said 1.467 acre tract
referred to as the "ADDITIONAL PARCEL NO.2", being further
described by metes and bounds based on the E. I. DuPont de Nemours
and Company La Porte plant site coordinate system as follows:
Commenoing at the original Northeast corner of Lot 3 and the
Northwest corner of Lot 2 of the aforementioned Strang
Subd'ivision.
Thence, S 00 degrees 08 minutes 40 seconds W a distance of 5.00
feet ( 1.52 M. ) to a point for corner coincident with the existing
south right-of-way line of Strang Road.
Thence, S 89 degrees 56 minutes 20 seconds W; coincident with the
existing South right-of-way line of Strang Road based on a width
of 60.00 feet; a distance of 49.62 feet ( 15.12 M ) to a point for
corner.
Thence South, a distance of 22.46 feet (6.85M) to a 5/8" iron rod
found for the Northwest corner of the "ADDITIONAL PARCEL" herein
after called "ADDITIONAL PARCEL NO.1" and the Northwest corner of
the herein described "ADDITIONAL PARCEL NO.2" and the POINT OF
BEGINNING said point having DuPont La Porte Plant Site coordinates
N 4600.00 (1402.08 M) and W 6000.00 (1828.80 M);
Thence, South; coincident with a West boundary line of the
aforementioned "ADDITIONAL PARCEL NO.1", 1.467 acre leased
parcel, a distance of 319.73 feet ( 97.45 M ) to a point for
corner in a 7 foot chain link fence, said point being the
Southwest corner of the 1.467 acre "ADDITIONAL PARCEL NO, 1" and
the Southeast corner of the herein described "ADDITIONAL PARCEL
NO.2, and being a point on a North line of the said 14.707 acre
leased premises; said point having DuPont La Porte Plant site
coordinates N 4280.27 (1304.63 M and W 6000.00 (1828.80 M);
EXHIBIT A-1
..
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Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the 14.707 acre leased
premises as recorded under Harris County Clerk's file Number
R014037; a distance of 199.88 feet ( 60.92 M ) to a 5/8 inch iron
rod set for the Southwest corner of the "ADDITIONAL PARCEL NO.2"
and having DuPont La Porte Plant site coordinates N 4280.27'
(1304.63 ~) and W 6199.88 (1889.72 M), said point being found 0,35
feet (0.11 M) South of the 7 foot chain link fence;
Thence, North a distance of 319.73 feet ( 97.45 M ) to a 5/8 inch
iron rod set for the Northwest corner of this "ADDITIONAL PARCEL
NO.2" said point having DuPont La Porte Plant site coordinates
N 4600 (1402.08 M) and W 6199.88 (1889.72 M);
Thence, East a distance of 199.88 feet ( 60,92 M); returning to
the POINT OF BEGINNING.
7/' ~~
H. Carlos Smith'
Texas Registered Professional Surveyor No. 1228
February 1,1999
EXHIBIT A-2
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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.)
:A
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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 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 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 e"
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 approval of both Harris County and city.
.:"
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W5984
EXISTING NORTH R.O, W.
ORIGINAL NORT~0.W,7
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EXISTING
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R.O.W,
VOL. 8/11, PG,60 H,C.Q,R,
WEST - 399.741 (121.841 M)
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N 4280,27 (1304.63 M)
W5800,I2 (1767.88M)
GRID
BEARING
FND. EAST - 503.401 (153.44 M )
N 860 53 38 E GRID DIST - 503,34
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POINT OF BEGINNING
N 4600 ( 1402.08 M )
W 5800. I 2 ( I 76 7. 88M )
TEXAS STATE PLANE COR~
N 700,747235
E 3,255,971.306
H.C, C. F. No. R 014037
NOT~S :
I. IMPROVEMENTS WITHIN 2 FEET EITHER SIDE THE BOUNDARY LINE OF THE ,67 ACRE TRACT
ARE SHOWN HEREON WITH ANY ENCROACHMENl S OR PROTRUSIONS,
2, COORDINATES ARE BASED ON DU PONT LA PORTE PLANT SITE COORDINATE SYSTEM.
3. TEXAS STATE PLANE COORDINATES ARE BASED ON THE 1927 DATUM, LAM BERT PROJECTION,
SCALE FAC TOR 0.9998835 .
4. THIS TRACT LIES WITHIN ZONE X, AS DELIN TED ON FLOOD INSURANCE RA. _ MAP
NO. 485487-0340-G, EFFECTIVE DATE: 9/2a/90 .
5. UNDERGROUND PIPELINES LOCATED FROM INFORMATION FURNISHED BY DU PONT, OTHER
UNDERGROUND I MPROVEMENTS NOT LOCATED,
6. THIS TRACT IS WITHIN THE EXTRATERRITORIAL JURISDICTION AND UNDER AN INDUSTRIAL
DISTRICT CONTRACT WITH THE CITY OF LA PORTE. THE CITY ENFORCES NONE OF THEIR
ORDINANCES THAT DO NOT CONFLICT WITH STATE LAW, UNDER' THE TERMS OF THIS CONTRACT.
BU I LDI NG L IN ES AND SET BAC K LINE S ARE NOT APPLICABLE UNDER THIS CONTRAC T.
7 INGRESS AND EGRESS FROM DEDICATED PUBLIC ROADWAYS TO THE LEASED PREMISES IS
PROVIDED BY WAY NO, I.
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PLAT OF
TO: E. I. Du PONT DE NEMOURS ANJD COMPANY, NOLTEX L.L.C. AND
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE ON THE GROUND FROM MARCH 6 thru. 8 ,1995, UNDER
SUPERVISION AND SUBSTANTIALL W COMPL I ES WITH THE CURRENT TEXAS SOC IETY OF PROFFESSIONAL
SURVEYORS STANDARDS AND SPE<CIFICATIONS FOR A CATEGORY lA, CONDITION I, SURVEY.
~.". 7'" /~.~/ ~./ /;7'/ · ~ .J
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H. CARLOS SMITH
TEXAS REG I STERED PROFESS ION.AL SURVEYOR NO, 1228
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E. I. DU PONT DE NEMOURS AND CO.
LEASE TRACT TO
NOLTEX L.L.C.
OUT OF
DU PONT'S LA PORTE PLANT SITE
BEING
1.467 ACRES
OUT OF
LOT 2 a LOT:3
ST RAN G SUB 0 I V I S ION
VOL. 75 t PG. 22, H. C. D. R.
ENOCH BRINSON SURVEY, A- 5
LA PORTE, HARRIS COUNTY, TEXAS
MY
DATE
3-15-95
SCALE
I" = 301
H. CARLOS SMITH
ENGINEERS AND SURVEYORS, INC.
PD. BOX 529 423 N HWY. 14~
. LA PORTE, TEXAS 77572-052~
DRAWN
J. F B.
JOB NO.
2961 - 95
CHECKED
H.C.S.
SHEET
OF I
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EXISTING NORTH R.D.'w'.
A,."::,,,!
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ORIGINAL NORTH R.D.'w'.
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EDGE or ASPHALT~
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STRANG
ROAD
S 89- 56' 20' VI
POINT OF COMMENCING
C.L. DITCH
.:
COR. LOC.
H 4600.0 ( 1402.08 M )
'" 6199.88 ( 1&89,72 M )
"
~ 'w'AY NO. I-A
EAST 199.88' < 60.92 M ) ~
GRID BEARING ( N 86- 53' 38' E )
~
S 00. 08' 40' 'w' - 5.00'
NOTES:
1. IMPROVEMENTS \tIITHIN 2 FEET EITHER SIDE OF THE BOUNDARY LINE OF THE 1.467 ACRE TRACT
ARE SHO\tlN HEREON \tilTH ANY ENCROOACHMENTS OR PROTRUSIONS.
2. COORDINATES ARE BASED ON DU PONT LA PORTE PLANT SITE COORDINATE SYSTEM.
3. THIS TRACT LIES \tIITHIN ZONE X, AS DELINEATED ON FLOOD INSURANCE RATE MAP
NO, 48201C0935 J, EFFECTIVE DA TEl 11/06/1996.'
4. THIS TRACT IS \tIITHIN THE EXTRATERRITORIAL JURISDICTION AND UNDER AN INDUSTRI~L
DISRICT CONTRACT \tilTH THE CITY OF LA PORTE. THE CITY ENFORCES NONE OF THEIR
ORDINANCES THAT DO NOT CONFLICT \tilTH THE STATE LA\tI, UNDER THE TERMS or TfUS CONTRACT.
BUILDING LINES AND SET BACK LINES ARE NOT APPLICABLE UNDER THIS CONTRAET. ..
~('
'-5' ROAD'w'AY ESM'T. VOL. 2488 PG, 256 H.C,D.R.
SOUTH - 22.46'
- POINT ur BEGINNING
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TO: E.1. DUPONT DE NEMOURS AND COMPANY, NOL TEX L,L,C. AND
I HEAREBY CERTIFY THAT THIS SURVEY 'WAS MADE ON THE GROUND ON JANUARY 23,1999
, UNDER MY SUPERVISION AND SUBTANTIALLY COMPLIES \tilTH THE CURRENT TEXAS SOCIETY OF
PROFFESSIONAL SURVEYORS ST ANDARDS AND SPECIFICATIONS FOR A CATEGORY lA, CONDITION L SURVEY.
7:~~
H, CARLOS SMITH
TEXAS REGISTERED PROFESSIONAL SURVEYOR NO. 1228
PLAT Of"
E.I. DU PONT DE NEMDURS AND CD,
LEASE TRACT TO
NDL TEX L,L.C,
WT [F'
DU PONT'S LA PORTE PLANT SITE
BEING
1,46 7 ACRES
7' CHN. LN(. n<<:.
WEST 199.88' < 60.92 M )
COR, LOCo
N 428(\...., ( 1304,63 H '
'" 60C (1~8.eo H
EIJT [F'
SET 5/8' I.R.
CCR. LOC.
H 4280.27 ( 1304,63 M )
'" 61 ~.88 ( 1889.72 H )
UNABlE TO rIND
I.R.-HNCE DISTURBED
AND rILL.
LOT 3
STRANG SUBDIVISION
VOL. 75" PG. 22" H.C.D.R.
ENOCH BRINSON SURVEY, A-S
LAPORTE, HARRIS CClINTY, TEXAS
REV. 21 ADD \JAY NO, 4-A (6/23/99)
REV. 11 ADD 'WAY NO, I-A (2/03/99)
1-27-99
6)-
f ENGINEERS AND SURVEYORS, INC,
P.O. BOX 529 423 N, HvVY. 146
LA PORTE, TEXAS 77571
PH. (281) 471-4226 FAX (281) 471-4228
L :
1"=30'
CAD F L :
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SHEET
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.IMPROVEMENTS WITHIN 2 FEET EtHER SIDE OF THE BOUNDARY
. LINE OF THE 14.707 ACRE TRACT WERE LOCATED. ANO,.ARE SHOWN
HEREON WITH ANY ENCROACHMENTS OR PROTRUSIONS. r-
~BASE MAP FURNISHED BY DU PONT FROM AERIAL PHOTOGRAPHY
I SHOWING MAJOR IMPROVEMENTS. IMPROVEMENTS NOT LOCATED
PER CATAGORY lA, CONDITION I, SPECIFICATIONS.
3. COORDINATES ARE -eASED ON DU PONT LA PORTE PLANT SITE ~
COORDINATE SYSTEM.
~. TEXA.S STATE PLANE COORDINATES ,ARE BASED ON THE 1927
: DATUM, LAMBERT PROJECTION fOR TEXAS, SOUTH CE-NTRAL ZONE.
! SCALE f'A.CTOR USED 0.9998835 . - "
5. THIS TRACT LIES WITHIN ZONE X AS DELINEATED ON FLOOD)
I lNSltRANCE RATE ,MAP NO. 485 487-0340-G. EfFECTIVE DATE: 9/28 90
I. UNDERGROUND PIPELINES LOCATED FROM INfORMATION FURNISHED
I BYDU PONT. OTHER UNDERGROUND IMPROVEMENTS NOT LOCATED.
t THI S TRACT IS WITHIN THE EXTRATERRITORIAL JURISDICTION AND UNDER AN
; I"OUSTRIAL DISTRICT CONTRAC'f WITH THE CITY OF LA PORTE. THE CITY EN
N'ONE OF THEIR ORDINAHCE~ THAT DO NOT CONfLICT WITH STATE LAW, UNDER
TERMS OF, THIS CONTRACT. BUILDING UNES AND SET BACK LINES ARE HOT
. APPLICABLE,UNDER THIS CONTRACT.
I.INGRESS AND EGRESS FROM DEDICATED PUBLIC ROADWAYS TO THE 14.334 AC
LEASED PREMISES IS PROVIDED BY AIGHTS NO.I,2t2A,2~3t4t4A,4B,~t7t
8 9 AND 29. . ILICT. Co.lMI",T
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N .3775 (1150.6 2 M)
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TRACT A
N 4121.14
W5040
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W6399.74 ( 1950.65 M)
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AIO'MERS TITLE CO., G.f: NO. '4-1210
----., '
HEREBY OERTIFY THAT THIS SURVEY WAS MADE ON THE G
AY Z"d., le94., UNDER MY SUPERVISION, ~ND SU8STA~TIA' ,
EXAS SOCIETY OF PROFESSION'AL SURVEYORS STANDARD
ONOI I I SURVEY., ,. ~~
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H. CARLOS SMITH . u ,
TEXAS REGISTERED PROFESSIONAL SURVEYOR
PIPE FLANGES
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'5236.38
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N 4214.96
W 5238.90!
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IHDT
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OUT OF
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STR ANG SU BD IVISION
VOL. 7~, PG. 22, H.C.D. R.
ENOCH BRINSON SURVEY, A-5
LA ~poRTE ;-HARRISCauNT-f;--1E-XA~
H..' CARLOS SMITH
..01.11... AIID .URVIVO..., ..e.
-
46
P.o, BOX 5 29 423 N, H W Y.
LA PORTE. TEXAS nS71
994
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City of La Porte
Established 1892
F{lo,Vl
rJoLJe:.)l.. L~L, c.
~DrT~TI1C~
UU SEP ~ ~ 2DOO ~'
August 17, 2000
Mr. Bob Rose
Noltex, L.L.C.
12220 strang Road
La Porte, TX 77571
ASST. CITY MANAGER
OFFICE
Dear Mr. Rose:
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
agreement are attached to this letter.
We also enclose a copy of the metes and bounds legal description
which was attached to your firm's current Industrial District
Agreement. Please review carefully, and revise as necessary to
reflect ~ny additions or deletions to the legal description.
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 "B" legal descriptions to two copies
of the contract, and forward two fully executed copies of the
contract to the City of La Porte.
Executed agreements will be placed on the City Council agenda 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.
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.
"
CITY OF LA PORTE
Yours very truly,
RTH:sw
Enclosures
By: Q~T, ~
PH &" IllS. L" Po"" T,,", m:~~~~~ ~: l~:~'::2:a, city Man7
.
.
36
City of La Porte
Established 1892
November 27,2000
Noltex, L.L.C.
Attn: Bob Rose
12220 Strang Raod
,La Porte, Texas 77571
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Rose:
Enclosed is a, fully executed duplicate original of the Industrial District Agreement between
your firm and the City of La Porte, effective January 1, 2001, for the term expiring
December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your
records.
This year's negotiations went very smoothly and I wish to thank you for your cooperation.
Both City Council and I appr~ciate the positive relationships with Industry that these
agreements have fostered.
If my office can ever be of assistance to your frrm, please do not hesitate to call.
Respectfully,
G<~ ~ ~~
Robert T. Herrera
City Manager
. Enclosures
P,O, Box 1115 .' La Porte, Texas 77572-1115 · (281) 471-5020