HomeMy WebLinkAbout2000-IDA-50
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ORPID!lCB NO. 2000-IDA-50
All ORDID!lCB AUTHORIZING THB BXBCUTION BY THB CITY 01' LA PORTE 01'
All IIm,USTRIAL DISTRICT AGREBKBft WITH ARC~O MIDCON LLC, FOR THB TBRX
COJDIDCIIlG JUUARY 1, 2001, AIm DDING DECBKBER 31, 2007; XAKIBG
VARIOUS PIlmIBGS AIm PROVISIONS RELATING TO THB SUBJECT; PIlmIBG
COHPLIAIlCE WITH THB OPO MEETINGS LAW; Aim PROVIDING U EPPECTIVE
DATB HEREOP.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
ARCO MIDCON LLC has executed an industrial
district agreement with the City of ]:'a 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 officia.lly finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Counci1 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 22nd day of January, 2001.
ATTEST:
.& tl e1-Utl1-
Mart a A. Gillett
City Secretary
APP~r[/~
Knox W. ASkins,
City Attorney
CITY OF LA PORTE
By: 11.~____
/~n . Ma one,
Mayor
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NO. 2000-IDA- 50 {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AC~REEHENT
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 ARca Midcon LLC
, a Delaware limited liability company-- , 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 1~hich 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 thlB area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinallce No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land wi thin a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said DistrictE; 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 herE!of (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 l)y this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the I~and 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 li.eu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at city's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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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 i.ncluding 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 "H-endition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simili;1r 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 t.axation 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 l;hall 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 s;torage.
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 ()f 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 Incrlaase in value of the Land,
improvements, and tan.gible 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 (3 0%) 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 tang'ible 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 I.and 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 Ann.exation 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 protE!st 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 herein.above provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, '~plus (b) the total amcmnt 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 COlnpany 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 ~Iritten 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
arbi trator in 10 days, the partiE~s 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 "Impar1:ial 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 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
ci ty and Company, and upon Company's successors and assigns,
affiliates and SUbsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is. in effect" which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and city agrees to amend same to embrace the more
favorable terms of such agreement or renlawal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all t,erms, 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 "chis Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
legal Department
By:
ARca Midcon LLC
L e UJL (COMPANY)
Name: Brian R. Miller
Title": Attorney-in-Fact
Address: 15600 JFK Blvd., Ste 300
Houston, Texas 77032
ATTEST:
~lI-d.~1
CJ.t Secretary
~ .LA PORTE
By: ~~__
/ orm L. 10 e
Mayor
AOJ:d~di
Knox W. Askins
City Attorney
City of La Porte
P.o. Box 1218
La Porte, TX 77572-1218
By: ~~ \. ~~
Robert T. Herrera
City M.anager
CITY' OF LA PORTE
P.o. BCJX 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471....2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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"EXHIBIT 1\"
TO INDOSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY Ol~ LA PORTE
AND
ARCO PIPE LINE COMPANY
-(Metes and Bounds Description of Land)
See a~tached pages 1 through 10
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-EXHIBIT 01.0
TrS::"~':3798
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LEGAL DESCRIPnON -QF PROPERTY
All that certain 12.??oo acre (522,720 square feet) tract of land out of the wniiam
M. Jones Survey, Abstract No. 482. Harris County, Texas. lame blriDs a pan of Tract .0;:-' .
2 of a 169.450 acre tract of land conveyed to ARCO Pipe Une Campiill)' by Atlantic ; ./
RiChfield Compllll)' by Deed recorded In Harris County aerlt's FOe No. 1.848794, ..;;.;'
said 12.??oo acre tract beiDa more partic:uJarJ, described by metes and bounds as
follows; bearings are based on said Deed;
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BEGINNING at a 5/8 Incb Iron rod set In the south right-of-way line of Fairmont
Parkway (based on a width of 250 feet), at Its fntenectfon with the: west rlsbt-of-way
Hne of Bay Park Road (based on a width of 100 feet), for the northeast c:omer of
said Tract 2 and the b~1n described tract;
1HENCE, South or rr 59" East, along and witb said west rllJbt-of-way line, a
distance 'of 1020.01 feet to a 5/8 inch iron rod set for the southel8lt corner of the
bereln deac:rlbed tract;
1HENCE, South 86. 52' 37" West, departing from said west right-of-way line, a
distance of 512.50 feet to a 5/8 inc:b iron rod set for the southwest comer of the
herein described trac:t;
1HENCE, Nonh or rr 59" West, a distance of 1020.01 feet to a 5/8 Incb iron rod
set in the said south right-of-way Hoe for the northwest comer of the berein
described trac:t;
lHENCE, Nonh 8~ 52' 37" East, along and with said soutb right-of-way line. a
distance of 512.50 feet and retul'Dini to the POINT OF 'EGINNINO. and
containing 12.??oo acres of land. ~ .
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EXHIBIT "A" Page 8
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SPECIAL WARRANTY DEEP
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STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS )
That Atlantic Richfield Company, a Delaware corporation
("ARCO") for and in consideration of the sum of One Hundred
and ~onoo Dollars ($100.00) and other good and v'aluable I'.l (/
cons~deration to it in hand paid by ARCO Pipe Line .Company "
("APL"). a Delaware corporation. whose address is ARCO
Building. Independence. Kansas 67301 ("APL"). the receipt and
sufficiency of which is hereby acknowledged. has granted and
conveyed and by these presents does grant and convey unto APL
all of its right, title, interest and estate in and to that
certain tract of land and premises in the William M. Jones
Survey. Abstract 482, and the George B. McKinstry League.
Abstract 47. Harris County. Texas. containing 169.450 acres
in three tracts, 49.366 acres, 117.281 acres and ~!.803 acres.
the latter tract being embraced within the right-elf-way for
Faimont Parkway) described in Exhibit "A". attached heret~
and incorporated herein for all purposes.
Being the same' tract of land or premises conveyed by
Friendswood Development Company to ARCO by deed dated
December 30. 1974. and recorded in File No. E3341Sl. FUm
Code 114-12-0563 through and including 114-12-0573 of the
Official Public Records of Real Pror.erty of Harris County.
Texas hereinafter called the "Deed. I
This conveyance is made and accepted subject to:
(a) all rights"easements, restrictions, exceptions,
reservations and encUmbrances whether recorded or l1nrecorded
(b) the convenants. exceptions. conditions. r~ghts.
easements, restrictions. reservations, purchase opt~ons an~
encumbrances contained in the Deed.
TO HAVE AND TO HOLD th~ above-described premises.
together with all and singular the rights, privileges, and
appurtenances 'thereto in any manner belonging unto APL, its
successors and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof,
'by, through, or under ARCO, but not oth~rwise.
This Special Warranty Deed ha~ been executed on the date
of the acknowledgment hereto but shall be effective for all
purposes as of the 18th day of August. 1988.
Attest:
/-1
Atlantic Richfield Company
~/4~~
Assistant Secr~tary ,
By fl/4e fiI{(f-
Senior Vice Presidl~nt
- ARCO
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EXHIBIT "A" Page 1
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STATE OF I(;~ {( .("~ ,1/~'( . )
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COUNTY OF. .f,' ..:' (;;"~';I..i,'., )
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Before me. A. /11.1,(' /'1. /'f.'}~('l"t'lI ,a Notary Public,
on this day personally appeared .tI6r.'(,( e. /1L:(:.....:~ ' known to
me to be the person whose name is subscr bed t~~t e foregoing
instrument, and known to me to be the . . t, /,'( ~ '- President
qf Atlantic Richfield Company, a corporat on. anQiicknowl-
edged to me that he executed said instrument for the purposes
and consideration therein expressed, and as the act of said
corporation.
....Given under my hand and seal of office, this ..2c?tt day
of (c', I ,.;<:'c I: -( , 1988.
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8) OFFICIAL SEAL
L:iNDA M MENCKEN
. NOTARY PUBLIC - CAUFOANIA
LOS ANGElES coum .
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Notary Pub.lic,....;1..~ to;,;. '/~"..:.,..'
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My} commission expirj!s:
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EXHIBIT "A" Page 2
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ExnIBI_~" '1'0 DEED
FROM
ATLANTIC RICIIF~EL~ COMPANY
TO
~RCO PIPE LINE COMPANY
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l-IETES ANU BomlUS IlESCIUPTtoN
, 169 .1,50 ACHI~S
\HU.:r.Ml 1-1. .JONES SUlt'lF.Y. A-l,82
G EOH.G ~ IL Nc KHISTR 'i L1~Mall::, A -l~ 7
IIA1Ull S COUNT'i, 'l'E}\A~
Bei.ng th~.ee trac~s or parcels contllini.ug a tutal of 169.1150 acres
of ~and J.n the Hl.llitll.n H. Jones Survey, A-l,U2 and in tho George D.
NcKJ.ns try Lea~l.ll!, A-l,7, lIarris County, TCXllS and being more parti-
cularly descr:l.bcd llS Tract I, Tract II ami Tracl: III by metes and
bounds as follows (011 uearings referenceu to the Texas Coordinate
System, South Central Zone):
TRACT 1.
BEGINNI~G at Coppel~7eld .Numbe,r 2856, beinr,~ the intersection of the /1JY)
south l~ne of FuirlQont Pu r.1<\'JaY, 250 feet Hide, :Ul rCl{"orQed-:k1 (:J/~
~me-J64a,-l:lc"W:!-'~J,-th:!U d-l\~uGlO'd S,-lIU'L:'I:+.o-GEI\:tftl:Y7...:t:l!ilflott n nd the
e~s t line of a 230,00 foot \..ride Harris' County 1~100d Control Uis trict
r1ght-of-way for lli~ Island Slough as recorded in Volume 8260, Page
124, Deed Records, IInrris County, Texas;
'rllENCg with ,the enst 1:i.ne or said lIorris', County nooll Control District
right-of-\.my, 'S 0.'015' 3911 E (or II dir.tullcc of 1052.20 feel: 1:0 Copper-
\o1eld Number 2357, n poi nt for corner, in the east li.ne or said llarris
COUll ty Flood Control Uis tric t right-of-\.my, 230 feet \o1ide; ,
THENCE conti.nuinf~ \-Ii.th said enst line, S %059'3911 E ror a distance
of: 1.1.1,9. 7Cl (e(~t to CClpI'nnlld,d I hlllllJ(!r: ;w~a, n \willl: for. C(I/:nc5, 01:
the intersecti.on of: tlte enHt lille ul: !:alull:.ln:i.!; (.:Clllllty Fl.uull Control
.', District r~.l~ht-of-way, 230.00 feet \'/ide, for Ui~~ lslmlll Slough and
the \'7esl: line or a 100.00 root \-lidl! Pipeline Corridclr "510";
'l'HEUCE \o1ith the \.,est line of: the aforementiuned Pipeline Corridor
"510", 100.00 feet \-lide, N 1l.ul.l'I,9" I~ for a di.stallc:e or 2395.58
feet "l'o an Exxon Pipeline Company marker, .identifi.ed as 1I1'J.. 127, a
point for corner, hcinl~ the illterscctiulI of: the ,",est: line of said
Corridor nnd the aforesllid south line of 1-'nirlllont Park\-Iay, 250 feet
wide;
THENCE \o11l:h said south l:i.ne S 860521371.' \-1 u I: UJ. 28 feel: pnssing a
5/8" iron rod at 1266.09 f~et pnssing a sIn" iron rod called Rod
2061 2. 23 re~t S 03007' 2311 l~, ~ltld cont:lnuill(~ in all ror a total
dist~nce of: 1571,.52 reel: to Coppenleld 2856; the POINT Ol~ J3EGINNING
and containing 49.366 llcrcs or 1nnu.
TRACT It
CONt.mNCINCj [Ill: n!fl!rCnCC nt C:oPl'nl:md.d IhlllllH!r. ~1I5(j "cdl!'~ tlw.inter- /'I.
sccti.OIl of: tllp. :wutll Hne or Filj..-monL: l'ari.\1:1Y, 1.50,llO l.tH!t \O/llla,.:u:.. (':Ii
~-ee6-f'd t:tl-b'l-1J{-I~.\ '!IIc..~ (,'I.:!....-lln r;e-/r-l-;-Ut! t'itl-I~m: iiFlrii-;-n ITr.'~tTI-etJl:ln~l~8'6 .'
und tlw ecwl: l.iuu (If it Z:HJ,lI(l ('Ollt Hide lIi1rdn COllnty 1,'Jnml Control
Dls trict: r.ll!.lIt:-uf:-\'/uy [ue ILl,a lUl.IIIHl !oj J UII I'.! , :\ll ':t'c:ul:dt,d :i 11 Volume
8260 J PDr~e 121~ J Deed HccoLCls, llClrds COllllly, 'l'e:.:Lls;
. , . . I 'I 1.~(lr:'l'J7" I~ nt
TllENC~ \.1ith ~,ntl ~olll:h 11 Ill! Clf l'i\u:lIllllll: I'al-,\.my, I .)I~ :Jr. ."','
a distance of: 157',.52 feet p::w5il\l; the \-1~!it J.llle ~d.: 1,,}:~Ot~ P~l'el~ne
Corri.dol."' "510",100.00 (eet HIde, nlld COllti.I1ld.Ili:~ 1n n.l.l 1:01: a I:otal
EXHIBIT "A" Page 3
e
'127 -76.104
'. distance of 1679.56 feet to ~:xxon Pipeline Coinpany HD.rker identified
as UPL-128, the POINT Ol:~ UEGINNING, said point also heing' on the
easterly line of the said 100.0 foot COl'r.idl'H~;
~~EN~I~ c~~tinuing '-1ith said south line, N 86052137" E: for a distance
~l 1~Jl.~2.I~ct t~ Coppurw~ld Number 2860. a point for corner, be-
~ng th~ 1ntersect~on of sa1d sou'th'line of Fairmont Park\o/ay. 250.00
feet w1de, and the ,"cot line of Ullypar.k I:oad, lOU.OO feet wide;
THENCE with said ''lest line. S 02027159" J~ for a distance of 2883.23
feet to Copperweld Number 2827, a point for corner, being the north-
east corner of a 60.792 acre tract of land.
,
THENCE ,!ith the north line of said 60.792 acre tract, S 87031140" ,.,
for a dl.stance of 1814.53 feet to Coppcr''leld NlIinber 2828 a point
for corner, being the intersection of the north line of ~aid 60:792
acre tract and the east line of the aforesaid 230.00'foot wide
Harris County Flood Control District right-of-way for Big Island
Slough; ,
THENCE with said east line, N 34059139" ,-1 for a distnllce of 553.93
feet to Coppel\'leld Number 2859, a point fOI~ corner, being the inter-
section of the cast line of said IInrris'Coullty Flood Control Uistrict
r.ight-of-way, 230.00 feet wide, and the enst line of Pipeline ,Corridor
"510", 100.00 feet",o/ide~'
THENCE with the east line of said Pipeline Corridor. N 1404114~I E
for a distance of 2512.56 feet to the POINT UF BJ~GINNUIG and contain-
ing 117.281 acres of lnnd.
TRACT III
BEGINNING at Copperl'leld Rod Number 2856, marking the :i.ntersection /J..Jb
of the sou th H.lle 0 f FaiL'll1onl: Pa rlmay, 250.00 fee I: Hide, ~ s: 'li'Q~grdQd <..~"
in Vellillle '16/12. V~Be ~l. DQQ,l Urar-nrc!r.. 1I:"1,.,..j" teullty, 'l'QJ":wi with the
east line of a 230.00 foot wide Harris County Flood CCllltrol District
right-of-"lay for Bip, Island Slough as recorded in Volume 8260, Page
l2l., Deed RecortIs, lIarr:is Counl.:y. Texas, mild southerly l:i.nl~ o..f
Fairmont Parkway, 250.00 feet ,,,ide, bcin(~ u cOl1lmon line with the
~outh line of old Cardiff Rand, 80.00 feet wide;
'fllENCI~ '-li.th suit! COI1I1I1CIl1 l:i.lle, N U60S2IJ7" I~, nt J./.91..2/. feet pansing
a 5/8" iron rod at 157/..52 feet passing nn Exxon Pipeline Company
marker, ident:i.fied as llPL 127, on the ",esterly line of Pipeline
CO,rrillor "510" 100.00 feet ,-lide, at 1679'.56 feet passing an Exxon
Pipeline Compa~y Harker, identified as IIPl. '128, un the easterly line
of said Pipeline Corridor "510" and continuing in all for a total
distance of 3050.58 feet to Copperueld Rod Number 2860 for corner,
said point being on the westerly line of Buypark Road, 100.00 feet
wide;
THENCE ''lith a projectign of the 'o1csterly line of said Unypark Road,
100.00 fee t Hi.de ,'. N 02 27159" \-1, for a dis tnnce 0 f 40.00 feet to a
point for corner 'on the centerline of the nforesaid old Cnrdiff
Road, 80.00 feet Hide;
THENCE ,,,ith said centerline S 86052137" \oJ, oa..t 1351:. (,3 F.t:d; fiR1H:i.Ar,- /I...'D
~ttfj'L~~l"J'-ki-ne-o-f-ttlu .1 [U't't!:'fl+.t~;.p.c.li.Llc.....C.uJ::J:,j.dR~5i:O", 199. on l...:J,1;
feet ui-de,---n-l; l'iGJ f:J7 {""I' p.'''>>it'B I'!.;.~~l::dy l.:it~~tl.l.d ~)-Lpo';.'Q
-G'::tL1..; 1 .......!..!1;111" illl.! "',*H:-i-u.u..U..L~ jp ~"Il I"a~ a tot:!l lhstuncc 3053.94
feet to a poiut for corner. said point heiul', on n projl::!ct:i.on of the
easterly line of:r"~)}~ JlJWdlJiaid 23U.00 foot wide Ilarris County Flood I Ar?
Control DistrictA::lor llig/Is1and Slough; .C..J6T"J
. ,
TlIENCE \-lith the prujcctlol1 of mlid e:wtllrly l.irw. S n7I)L~139" E, .
for a di:;tmlc~ or llU.iO [~ct to the I'UUIT (IF IIECHINlNC tlnd conl.:nln~ng
EXHIBIT "A" Page 4
e
'2.803 acres f
the aforesai~ ot3nd, said tract
Cardiff Road
,
heinl~ thl! southerl
80.00 fcat wida. Y
~ompiled. by:
Iurncr Coll'
Consul~ing f1:.& Braden, Inc.
Houston.noin~ers
December 6 19741o~t Arthur
Revised: 6e b Job No. 1659-006
celli er 21., 1974
6 .
".
I'M.,.............................
THE a'M':nrf."....---=:r=:=
CGU=' HARi!i{ I.
!"J... 1ft .:'J. ;a II ............::.:. !! fill NUl"
filii DlIDID.II.. CIlIcIII MIl .... .11 .... .:2.~ .1Id WIt
...,; f." - ........ .,1IIlIII
SEP 15 1999
~~~K..."
~ HARRIS COUNTY. TEXAS
'127_:2005
1.0.00 feet of
.:
FILED FOR RECORD
8:30 A.M.
ISEP 1 5 S88
(j...;i;.;fiIA /. -f.~
Collnty CII"', Harris County, TIUI
Return to
Mildred L Russell M
. ,DnGger
Land & F!lW Dept.
ARCO Bldg.
Independence, Kensas 6730.
RfCOROER'S IlEMIlRMlDUM
~J~~UrJTo~:1 Al\g,.:mlOlQUA1E
FOR THE IlUIT Ptl PHIC ~E'~ODIICTIOII
BfCAUSE Of ILl G . cp,:Il,"!OR," Ol!c.
PHotO co". 0\ ~n; EYe
~Y~TRTT "~" D~ft" ~
- ,
\0 -\P001997
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SPECIAL WARRANTY DEED
"'T6~~796
STATE OF KANSAS ) .
).
COUNTY OF MONTGOMERY).
KNOW ALL MEN BY 1HESE PRESENTS
12/15/92 00i32511 ~001~97 . 13.~~
That ARCO Pipe Line Company, a Delaware corporation authorized to do business
in tbe State of Texas (hereinafter called "Grantor"), for and in considera.tion of tbe sum of
Ten and No/tOO Dollars (StO.OO) and other good and valuable consideration to ,it In hand / ; ~ .
paid by CBSL Transportation, Inc., a Texas corporation (bereinafter called "Grantee"),/./--<--
hereby grants, sells and conveys unto Grantee, subject, bowever, to the reservations,
easements, Interests or encroachments bereinafter described, all tbat certain property In tbe
County of Harris, State of Texas, described on Exhibit" N bereto and incorporated herein
by tbis reference (hereinafter referred to as the "Property").
This Special Warranty Deed and the conveyance hereinabove set forth is executed
by Grantor and accepted by Grantee subject .to the matters described in :Exhibit "B" hereto
and incorporated herein by this reference, to the extent same are validly existing and
applicable to the Property (bereinafter collectively referred to as "Permitted Exceptions").
,'."'\
17
UNDER AND SUBJEcr to any and ail relltrictive covenants, easements, rights of
way or other encumbrances affecting the land hereby conveyed whetber tbe same are
recorded or unrecorded, and to tbe Permitted Exceptions.
I
\0
, TO HAVE AND TO HOLD'the above-described Property, togetber with all and
singular the rights and appurtenances thereto in anywise belonging, unto the Grantee, its
successors and assigns, forever. And Grantor does hereby bind itself and its successors and
assigns to warrant and forever defend the said property unto the said Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or to claim tbe same or any
part thereof, by, through or under Grantor but not otberwise. .: .:
UNDER AND SUBJEcr, nevertheless, as aforesaid.
IN WITNESS WHEREOF, this Deed has been duly executed. Datc:d: December 14,
1992.
A~~~t:
ARca Plp~ Line Company
",'
,:~~<r~:~t{f;~. ~ ____
...., .'T~ '4' .=.. ~~
. . ... .. .:J ..
v.. ."..
rr: '; .~.. .:, ~ C. &S~iton
~: : '. ::~ ~~f Secretary'
- "...!. .: ':'J:,.;..". ~ ",'
..;,. .. -."":' ..: ~ 'V... .....
;~,..: '.:-.:..;:'i ... ,.... ..:t:-'
~"~."'..l~:I.:\. ...?-
,.~;..... -.-!". t.l.~1. .1-:../
. .. - , .t~J.:'t1 .~.,/
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'It:'
..
~~.~
Norman R. Bennett ~
Vice President
....~
STAlE OF KANSAS )
) SS
COUNTY OF MONTGOMERY)
Be it remembered tbat on tbis 11th day of December, 1992, before me,
Victoria V. Hernandez , a Notary Public, personally ap-peared Norman R. Bennett,
the Vice President of ARCO Pipe Line Company, a corporation, who is personally known
EXHIBIT "A" Page 6
HOLD FOR CHARTER TITLE COMPANY
, , '.. ' TT6=_3797.
'. to ine, and who executed the foregoing instrument, and he duly ~cknowle-dged the execution
of the same for and 00 behalf of and as the act ~d deed of said corpo,ration.
I~~.e. ;;J~~.e; wh~reof, I have hereunto set my h~nd and fIXed my seal the date and year
" ..~~=,~..j.' .
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',$ .,.. "U1tlip ,to.:-. .'.' '"
..~:~~;,,:t,.::.~it':.~.:.. :;.:.~:~ ;;~; : ", .
.: ':'~Y.::~E~s"oO expll'es:
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3""25-94 I
.... ."
nI2lllZl'CCAll\DEED\CIISl.TR.UIII':aIt
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".
EXHIBIT "A" Page 7
__v vU ~uuu rKl 11:35 AM
FAX NO.
P. 03
.'.
..
'..1
EXHIBIT IIA-l11
TO AN INDUSTRIA~ DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND ARCO PIPELINE COMPANY
1. City and Company agree that the real property of company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently uni.mproved, and unannexed to the city,
except for existin9 "strip" annexations, :If any. city and Company
further agree that paragraph I hereof is hereby amended, to provi.de
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 aaid uni.mproved 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 oorpora1::e limits of city and
appraised eaoh 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 Industri.al
District Agreement; provided, however, at such time as Company
commences improvements to company' s herei.nabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company I s land, improvements, and tangible personal
property on the above described property., in accordance with
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 provisi.ons of this Exhibit
"A-1II, the te:t'ms and provisions of the Industrial District
Agreement, to which this Exhibit "A-l1' 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.
. Approved as to Form
ARca PIPELINE COMPANY
By:
~~ e fAJL
Name: 6 \2JA t.,J R _ MtLLI"!12,,.
Title: /l.ao~-I>'t'-1-IN- FACA-
Legal Deparlmenl
'.
.
.
"BXHIBIT 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.)
e
.
"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, S.tate 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 si.gns 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 ar 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.
-.-
e
e
"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 I~f 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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(jxc 1) tvtd C 'ON
~8 100 ~("ch PaJl.uJ~_
. \ \L ~055"':>
\P. ( (" e..n\l \ \ <:, 3 q 3B
~t . V,5/oD
t~. Lli:~A. \o6;;l It> If; 1
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ARca Pipe Le com~~n~ : i
15600 J. F. Kennedy Blvd., Suite 300
Houston, Texas 77032
Telephone 281 987 0056
· .,d~
-- ~t!~.~
~ ~JU .~.JLl G':!
UU; DEe - 8 2000 .
L---......
ASST. CI~/, '. ..
C":: ::;:
December 4, 2000
Mr. Robert T. Herrera
City Manager
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77572-1115
Dear Mr. Herrera:
Enclosed is ARCa Midcon LLC's executed Industrial District Agreement which pertains to
property that the company owns on Fairmont Parkway in LaPorte.' While we are willing to
enter into the Agreement, we do not have a current metes and bounds description of the parcel
which we now own. (Last year, several smaller parcels were sold from the parent tract, and our
existing metes and bounds description includes tracts that now belong to others.)
In the absence of the requested exhibits, we are forwarding the executed agreement to you to
eliminate any further delay. Since surveys are expensive and we do not need one otherwise,
we are hopeful that an alternate solution to re-surveying is possible. Please let me know if we
may provide you with a general description which, while not exact for surveying purposes,
may contain enough information for the City to determine the total acreage and the
approximate configuration of the remaining parcel.
My employment with ARCO will terminate on December 31, 2000, so if at all possible, I
would like to complete this transaction prior to that time. If we are unable to resolve the
exhibit question prior to year-end, please direct future correspondence to Ms. Jeanne Groat,
Land and Right of Way, ARCO Midcon LLC, 28100 Torch :Parkway, Warrenville, IL 60555.
Ms. Groat's telephone number is 630-836-5192.
Please call me at 281:..986-5459 regarding the necessary exhibits. Thanks for your
consideration.
Sincerely,
~~
Supervisor, Land and Right of Way
..- ..-
~1E(cIEUWIE IT.
DEe - 7 2000
;
CllY MANAGER'3
OFFICE
Enclosures
ARca PiPe. Company
15600 J. F. Kennedy Blvd., Suite 300
Houston, Texas 77032
Telephone 281 987 0056
.
LJ~
~V
December 27, 2000
("',.\
LA'I
"
"
;'
~,
,
..
~/t!.
I
Mr. Robert T. Herrera
City Manager
City of LaPorte
P. O. Box 1115
LaPorte, Texas 77572-1115
Dear Mr. Herrera:
Enclosed are the executed duplicate originals of Exhibit "A-I" to the Industrial District
Agreement between the City ~fLa Porte and ARCO Midcon LLC. Please attach these to the
original executed agreement and return one copy to this office when the agreements have been
fully executed on behalf of the City of La Porte.
Thank you for your assistance with this agreement. Should you - need any additional
information, please call Sheila Mitchell at 281-986-5265.
Sincerely,
~~illo
Land and Right of Way
Enclosures
~5)11E (C IE r~nq~
\Ull~ 2000 ilVJ
L .~~=..~
CITY MM~^Gi:R S
orr:lr:~
e
.
City of La Porte
Established 1892
January 11,2001
ARCO Midcon LLC
Ms. Jeanne Groat
28100 Torch Parkway
Warrenville, IL 60555-3938
Re: Industrial District Agreement (Series 2001-2007)
Securing a new Exhibit" A"
Dear Ms. Groat:
Per your conversation with Crystal Scott on January 5, enclosed is a copy of the metes
and bounds description (Exhibit "A") and plat (Exhibit "B") provided by Arco Pipeline
Company for the last IDA (Series 1994-2000).
We understand that ARCO has since sold some of this property.
To prepare a new Exhibit "A" you may simply note that the property is less the area
described in the attached deed (or metes and bounds).
For Exhibit "B" simply redline the previous Exhibit "B" depicting the area sold.
It is my understanding, due to company relocation, you will be unable to return these
documents in a timely manner. Therefore, we will proceed and present these documents
to City Council for approval on a condition you will provide this additional information.
Once City Council has approved these documents we will return an original set to you. If
you have any questions or concerns regarding this matter call me at (281) 471-5020.
Thank you in advance for your cooperation in this matter.
P.O. Box 1115 · La Porte, Texas 77572-1115 Co (281) 471-5020
e
e
Cit)7 of La Porte
Established 1892
February 15,2001
Arco Midcon LLC
Ms. Jeanne Groat
28100 Torch Parkway
Warrenville, IL 60555-3938
Re: Industrial..District Agreement (IDA) Series 2001..2007
Dear Ms. Groat:
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 certifie~ copy of the City's approval ordinance, for your records.
Per the letter dated January 11, 2001 this agreement was approved by City Council with Exhibits
"A" and "B" furnished for the previous IDA (Series 1994-2000).
As stated in the previous letter, to prepare a new Exhibit "A" you may simply note that the
property is less the area described in the attached deed (or metes and bounds). For Exhibit "B"
simply redline the previous Exhibit "B" depicting the area sold and send us a copy as soon as
possible.
-=
If you have any questions or concerns regarding this matter call me at (281) 471-5020.
Thank you for your cooperation in this matter.
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
I
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rNtlEXED ACREAGE
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[!I~ANI'JEXEO ACUfAGE WITIIIN
~'tPORT INUUS TfIlAL ol~muc r
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ACC LA PORTE STATION
"Ror~EIHY ,p~AT
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ndllpclndencd, Kisnau
Pipe Line Company
Dill' 1-10-7-
TURNER. COLLIE,
~EC. 24. '1914.,
SURVEY BY G. D. YOUNGBLOOD IN JUNE AND AUGUST
1,~74 TEXAS REGISTERED PUBLIC SURVEYOR Nil 1538.
CIII.
f.ROM MEn: s
BY
AND BOUN OS DESCRIPTION COMPILED
AND fJR ADEN NC. REVISED
III.... JOHU e
A-UZ
LA PO
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A-41
I.OCATION SKETCH
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TRACT II
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00
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11. 2 ft I Ao.
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69. 4 ~O All.
NOTEI
DEEDED fROM FRIEND5WOOD DEVELOPE'MENT COMPANY
TO ATLANTIC AICtiflELD COMPANY DATED OECEMBEH
I
.30.1914. AND FILED ON THAT DATE UNDER FILE JJll
E'3341~1 AND, fiLE CODE NQ 114-12-'O~63 OF TUE
OfFICIAL PUBLIC RECORDS OF 'REAL PROPEHTY Of
HARRIS COUNTY. TEXAS,
I
J;'I_L BEAllINGS AHE AEFEHENCED TO THE TEKA5
COOHOINATE SYSTEM, SOUnl CENTRAL ZONa::
TRACK III 12.B03 AC.>> LIES WITHIN FAIAMONT PARKWAY HOW
AND 15 NOT WITHIN THE BAYPORT INDUSTRIA'- DISTRICT.
TliAT PART OF TRACK n WHICH LIES WITHIN TuE GEO. B.
McKINSTfN LEAGUE, A-4'1. /18.825 AC.>> IS NOT WITHIN nlE
BMPORT INDUSlHlAL DISTRICT ANO IS NO'f WITHIN TtIE CITY'
LIMITS OF'THE CITY OF LA PORTE.' '.'
lllACK n
lllACK n
-1HAClLL
TOTAL ACRES
TRACK I
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TOTAL ACRES
Af':!Nt:~E.ILM;BE,S
51 .. . 061 AC.
5" 3.148AC.
2~~~
584 AC.
1 :jOU fl.
INOR HI
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OJSTRICT
4~ ,797 AC.
90~1~
36.232 AC.
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