HomeMy WebLinkAbout2000-IDA-52
it
e
ORDINANCE NO. 2000-IDA-52
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYPORT NORTH INDUSTRIAL
PARK, LP, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH ~~HE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. BAYPORT NORTH INDUSTRIA]~ PARK, LP has executed an
industrial district agreement with the city of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3.
The City Council offic:ially 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 prE~ceding 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 c)rdinance 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 ... This Ordinance shall be effE~cti ve from and after its
passage and approval, and it is so ordered.
e
e
PASSED AND APPROVED, 'this 22nd day ()f January, 2001.
ATTEST:
~ dIIfl~ tJ f!?/Q
Mar'tha A. G111ett
City Secretary
APPR~W
Knox W. Askins,
City Attorney
CITY OF LA PORTE
BY:~~
rman . Ma ne,
ayor
2
. .
,
e
e
'.
NO. 2000-IDA- 52 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter call~d "CITY", and Bayport North Industrial Park, L.P.
, a Texas Limited Partnership l _. __ _ b': ___, hereinafter
called "COMPANY",
WIT N E S S .E T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt suc:h reasonable measures from
time to time a~ are permitted by law and which will tend to enhance
the economic stability and growth of th.a city and its environs by
attracting the location of new and the expansion 'of existing
industries therein, and such policy :is hereby reaffirmed and
adopte~ 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",
hereinafte'r collectively called "Distric::t", 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 o~mership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City' of La. Porte; and _'
WHEREAS, City desires to encourage t:he expansion and growth of.
industrial plants within said .Districts and for such purpose
desires to. enter into' this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said Gity:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the 'parties contairled 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
e
.'
I.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial. district, at least to the
extent that ,the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district 'may be changed pursuant
to the terms of this Agreement.. Subject to the foregoing and to
the later provisions of this Agreement, c:ity does further covenant,
agree and guarantee that such industria.l' 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 exerc:ise 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 pa:t"t 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
val.orem 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. Th.e parties hereto recognize
that said Appraisal District has no authclrity 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 necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
"
e
.
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 Ap~il 15th
thereafter, unless an extension is granted in accordance with the
Te,xasProperty 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 authori.zed to do so, or company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County APPFaisal District rendition
form, or similar form. The propertiel; 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.~1 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 appea.l 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 a,rrangement with Company
("proq.ucts 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
mailinqof tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to city an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year"). ..
D. Company agrees to render to City and. pay an amount .. in lieu of
taxes" on Company' s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty ,if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate lim:Lts of City and appraised
3
e
e
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 tan~Jible 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) ~s used in subparagraph 2(a)
above, is defined as an i~crease in value that ,is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of :Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to 'ci ty on all of the
Company's tangible personal property of, every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, ,2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate li~its of City and
appraised each year by the city's independent appraiser,
4
e
e
in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1 i 2 and. 3 reduced by' the amount of City' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV. '
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event thi.s
Agreement is not so extended for an addit.ional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the Dis.trict 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 Agreem~nt.' '
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 resltrictions on the right of
City to annex land belonging to Company or imposes further
obligations on city in connection therewi.th 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 b.~tween 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 prot.est 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 herei.nabove 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 lftTould be, due to ci ty in accordance with the
5
e
e
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 CODlpany 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 wi thin thirty (:30) days thereafter Company
shall make payment to City of any additi.onal payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to CompclnY), 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"
p,ayments to be made under this Agreemen't.
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 irl 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 disagreE!ment was received by City,
the parties have not reached agreement a:; 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, Compar~ agrees to pay to City on
or before December 31 of each year durinq 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" p.:iyments which would be due
hereunder on the . basis of Company's valuations rendered and/ or
submi tted to City by Company hereunder" ()r the total assessment and
"in lieu of taxes" thereon f.or 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 eaSEl of no agreement on this
arbitrator in 10 days, the par1:ies will join in a written
request that the Chief Judge c)f the U. S. District Court
for the Southern District of Texas appoint the third
arbitrator Tt?ho, (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 prOpE!rty 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 materi~l evi~ence on that issue including
6
e
e
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 ilccrue 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 c)r any part of the property
belonging to it within the territory herE~inabove 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 extEmsion 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 en1:ers 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 ame~d
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or rerlewal 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 Compan~r' 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, articlE!s or other parts of this
Agreement or the application thereof to any person, firm,
7
e.
.
corporation or circumstances' shall he 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 "Agz::eement 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.
ATTEST:
~ W1./N () /i4bj
C~ Y Secretary
.::;; OF LA PORTE
By:,. '~~_
Mayor
~
ox W. Askins
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: QJ~ \. \.l~
Robert T. Herrera
City Manager
Phone:
Fax:
(281) 471-1886
(281) 471-2047
CITY OF LA PORTE
P.O. Box 1115 '
La Porte, TX 77572-1115
8
e
BXBIB1T "A-lu
-
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND BAYPORT NORTH INDUSTRIAL PARK, L.P.
1. City and Company agree that the real property of Company, more
particularly described on Exhibit "A~' of this Industrial Distriot
Agreement, is presently unimproved, and unannexed to the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I hereof is hereby amended, to provide
that during the term of this Industrial Dis;triot 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 lnay be
required by law in connection with annexa,tion of land other than
that owned by Company. Company agrees to l:~ender to City and to pay
as "in lieu of taxes" on Company's said unimproved land, an amount.
equal to the sum of 100% of the amount of ad valorem taxes Which
would be payable to City if all the hereinabove described property
of Company had been within the' corporate limits of City and
appraised each year by City's independent a~praiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect during the term of this Industrial
District Agreement; provided, however, at such time as Company
commences improvements to Company's hereinabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described propert~y, in accordance with
Paragraph III of this Industrial District Agreement.
3. Company agrees that the real prop.!rty of Company herein
described shall not be used as a site for commercial hazardous
waste incineration, i.e., incineration of haza~dous wastes
generated offsite; provided, however, City does not waive its
rights reserved under Paragraph I of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A-I", the terms and provisions of the Industrial District
Agreement, to which this Exhibit itA-lit 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.
"A"
Being 5,025,537 square feet of land (115.4 acres) out of Reserves A, B, C, D, and E of the Bayport North Industrial Park, a Subdivision in Harris County, Texas
as recorded in the plat thereof in Harris County Clerks File Number U218872, and at Film Code 437010 of the Map Records of Harris County, Texas. Said land
areas being summarized below. The land area being further described by metes and bounds of Reserve A, B, C, D, and E, attached hereto as the five page
Exhibit A-2, SAVE AND EXCEPT those land areas sold out of those reserves as described on the Land Ownership Summary.
Exhibit
BAYPORT NORTH INDUSTRIAL PARK
Land Ownership Summary
As of December 31. 2000
e
e
Land Area Owned by
Bayport North Industrial parktL.p.
(Acres) (Sq. Ft.)
25.5 1,108,965
24.0 1,046,777
19.5 851,092
21.9 954,046
24.4 1,064,657
0 0
115.4 5,025,537
Land Sales
Purchaser I Sale Date I Land Area Sold
I (Acres) I (Sq. Ft.)
Reserve Platted Area
Number of Reserve
(Acres) I (Sq. Ft.)
A 25.5 1,108,965 No sales as of the date above 0.0 0
B 24.0 1,046,777 No sales as of the date above 0.0 0
C 38.1 1,660,484 Terranova Forest Products, Inc. January 27,2000 10.0 435,600
Oakwood Capital, L.P. October 13, 2000 8.6 373,792
0 21.9 954,046 No sales as of the date above 0.0 0
E 24.4 1,064,657 No sales as of the date above 0.0 0
F 10.4 453,515 Schutz Container Systems, Inc. October 11, 2000 10.4 453,515
Totals 144.4 6,288,444 29.0 1,262,907
rounded to the nearest 1/10
right of ways dedicated
NOTES TO ABOVE
1. Basis for land area is the of land tracts as provided by Registered Public Land Surveyors. The ~ area
acre, is shown for descriptive purposes only based on land square footage area divided by 43,560 square feet per acre.
2. Platted land areas shown are the land area of each reserve as shown on the recorded plat which excludes Harris County
by that plat.
road
set backs, drainage easements, and other easements on
3. Platted land areas include pipeline easements, utility easements, landscape easements,
individual reserves.
e
~<B~~
.
METES & BOUNDS DESCRIPTION
25.5 ACRES BEING ALL 01:
RESTRICTED RESERVE 'A'
BAYPORT NORTH INDUSTRIAL PARK
I:i!'RRIS COUNTY, TEXAS
All that certain 25.5 acres of land being all of Restricted Reserve 'A', Bayport North Industrial Park according to
the plat thereof filed at Film Code No. 437010, Harris County Map Records, also being out of the William M. Jones
Survey, A-482, Harris County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a found 5/8" iron rod with cap located In the south right-of-way line of Falrmont Parkway (250'
wide) at Its Intersection with the west end of a 20' cut back line for the west right-of-way line of Underwood Road
(50' wide), and being the northerly northeast comer of said Reserve "A";
II"~HENCE S 510 55' 14" E - 25.71', with the said cut back line, to a found 5/8' Iron rod with cap for comer;
_ ../,THENCE S 010 56' 14" E - 509.60', with the said west right-of-way line to a found 5/8" iron rod with cap located in
.A/ ~he north right-of-way line of New Century Drive (60' wide) at Its Intersection with the east end of a 20' cut back
line, and being the northerly southeast comer of said Reserve "A";
~HENCE S 420 28' 18" W - 28.58', with the said cut back line, to a found 5/8' iron rod with cap for comer;
,#;tHENCE S 860 52' 50" W - 1,780.92', with the said north right-of-way line to a found 5/8' iron rod with cap for the
Point of Curvature of a curve to the left having a centrel angle of 180 24' 37", a radius of 530.00';
/!HENCE continuing In a westerly direction with the said north right-of-way line an arc distance of 170.30', to a
found 5/8" Iron with cap marking the Point of Tangency;
ITHENCE S 880 28' 13" W -147.45', with the said north right-of-way Iino to a found 5/8' iron rod with cap located In.
the east right-of-way line of New West Drive (80' wide) at its intersection with the east end of a 20' cut back line,
and being the southerly southwest comer of said Reserve "A";
ITHENCE N 880 21' 14" W - 29.23', with the said cut back line, to a found 5/8' Iron rod with cap for a point for
./ comer on a curve to the left having a central.angle of 050 OS' 32", a radius of 620.00' and a radial bearing of S 630
50' 41" W;
/ THENCE continuing in a northerly direction with the said east right-of-way line an arc distance of 55.10', to a found
5/8" iron with cap marking the Point of Tangency;
/THENCE N 310 14' 51" W -152.46', ~Ith the said east right-of-way line of to a found Sl8"lron rod with cap for the.
Point of Curvature of a curve to the right having a central angle of 280 10' 58", a radius of 560.00; .
I!HENCE conllnulng In a northerly direction with the said east right-or-way line an arc distance of 275.45', to a
found 5/8' Iron with cap marking the Point of Tangency; .
THENCE N 03003' 53' W - 68.02', with the said east right-of-way line to a found 5/8" Iron rod with cap located In
;the south right-or-way line or said Fairmont Parkway at its Intersection with the west end or a 20' cut back line, and
being the southerly northwest comer of said Reserve 'A"; .
rrHENCE N 410 56' 07" E - 28.28', with the said cut back line, to a found S/8'lron rod with cap for comer;
,/rHENCE N 880 56' 07" E - 368.05', with the said south right-of-way line to a point for angle point, from which a
found coppelW8ld rod# 3171 bears, N 360 37' 13" W - 0.26';
]HENCE N 880 52' 37' E - 980.68'; with the said south right-of-way line to a point on a curve to the left having a
J'central angle of 08051' 58", a radius of 5,854.58' and a radial bearing of N 030 03' 04' W, from said point bears a
found coppelW8ld rod# 3172 bears, N 050 14' 23" E - 0.23';
/HENCE conllnulng In a easterly direction with the said south right-of-way line an arc distance of 905.95', to a
point marking the end of the curve, from which a found copperweld rod#~ 3173 bears, N 620 51' 13" W - 0.33';
,-(HENCE N 780 05' 34" E - 17.09', with the said south right-of-way line, to the POINT OF BEGINNING and
containing 25.5 acres (1,108,965 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying I Mapping
C:\RlchBrdWle1e8 & BoundBI258-1-12a.mb.dac
Job No. 256-1-12B
December 20, 2000
a EXf4U~IT (4.-2, e
., METES & BOUNDS DESCRIPTION '
24.0 ACRES BEING ALL OF
RESTRICTED RESERVE aB"
BAYPORT NORTH INDUSTRIAL PARK
HARRIS COUNTY, TEXAS
All that certain 24.0 acres of land being all of Restricted Reserve aBa, Bayport North Industrial Park according to
the plat thereof filed at Film Code No. 437010, Harris County Map Records, also being out of the William M. Jones
Survey, A-482 and George B. McKinstry League, A-47, Harris County,. Texas, and being more particulariy
described by metes and bounds as folloWs:
BEGINNING at a found 5/8" iron rod with cap located in the south right-of-way line of Fainnont Parkway (250'
wide) at Its' intersection with the west end of a 20' cut back line for the west right-of-way line of New Century Drive
(60' wide), and being the northeriy northeast comer of said Reserve al8";
';THENCE S 48003' 53" E - 28.28', with the said cut back line, to a found 5/8- iron rod with cap for comer;
ITHENCE S 030 03' 53" E - 68.02', with the said west right-of-way line of to a found 5/8- iron rod with cap for the
Point of Curvature of a curve to the left having a central angle of 28010' 58-, a radius of 620.00;
ITHENCE continuing in southerly direction with the said west right-of-way line an arc distance of 304.97', to a found
5/8" iron with cap marking the Point of Tangency;
THENCE S 310 14' 51- E - 152.46', with the said west right-of-way line to a found 5/8- iron rod with cap for the
JPoint of Curvature of a curve to the right having a central angle of 28008' 28", a radius of 560.00' and being the'
northeriy southwest comer of said Reserve aB";
THENCE continuing in southeriy direction with the said west right-of..way line for an arc distance of 275.05', to a
found 5/8" iron with cap marking the Point of ,Tangency;
THENCE S 030 06' 23" E - 1,890.83', with the said west right-of-wl:lY line to a found 5/8- iron rod with cap for
comer, and being the southeast comer of said Reserve aB";
THENCE S 870 27' 55- W - 435.00' to a found 5/8" iron rod with cap for comer, and being the southwest comer of
said Reserve aB";
THENCE N 030 06' 23" W - 597.09' to a found 5/8- iron rod with cap for comer, and being the northeriy southwest
comer of said Reserve aB";
THENCE S 890 29' 31- E -10.00' to a found 5/8" iron rod with cap for an interior comer of said Reserve aB";
THENCE N 030 06' 23- W - 2,069.63' to a found 5/8" iron rod for comer, located in the south right-of-way line of
said Fainnont Parkway, and being the northwest comer of said Reserve aB-;
THENCE N 860 56' 07- E - 193.67', with the said south right-of-wl:lY line, to the POINT OF BEGINNING and
containing 24.0 acres (1,046,777 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying / Mapping
Job No. 256-1-12b
December 20, 2000
11pt~
C:\Rlchard'Metes & Bounds\256-1-12b.mb.doc
A eXf\'BIT A-2. e
.. METES & BOUNDS DESCRIPTION
38.1 ACRES BEING ALL OF
RESTRICTED RESERVE .CB
BAYPORT NORTH INDUSTRIAL PARK
HARRIS COUNTY, TEXAS
All that certain 38.1 acres of land being all of Restricted Reserve .G., Bayport North Industrial Park according to
the plat thereof filed at Film Code No. 437010, Harris County Map Rocords, also being out of the William M. Jones
Survey, A-4~2~, Harris County, Texas, and being more particularly described by metes .and bounds as follows:
BEGINNING at a found 5/8Blron rod with cap located In the east right-of-way line of New West Drive (60' wide) at
its intersection with the south end of a 20' cut back line for the south right-of-way line of New Century Drive (60'
wide), and 'being the southerly northwest comer of said Reserve .CB;
THENCE N 25017' 40. E - 29.23', with the said cut back line, to a found 5/8. Iron rod with cap for comer;
THENCE N 680 28' 13. E - 147.45', with the said south right-of-way line to a found 5/8B Iron rod with cap for the
Point of Curvature of a curve to the right having a central angle of 180 24' 37B and a radius of 470.00';
THENCE continuing in an easterly direction with said south right-of-way line an arc distance of 151.02' to a found
.x. in concrete marking the Point of Tangency;
THENCE N 860 52' 50. E - 1,049.48', with said south right-of-w~y to a found 5/8. iron rod with cap for comer, and
being the northeast comer of said Reserve .CB;
THENCE S 010 56' 01B E - 1,268.76', with the common reserve line of Reserves .C. & MD., to a found 5/8B iron rod
with cap for comer, located in the north right-of-way line of New Decc1de Drive (60' wide), and being the southeast
comer of said Reserve .C.;
THENCE S 870 26' 41. W - 1,287.91', with the said north right-of-way line to a found 5/8B Iron rod with cap located
in the east right-of-way line of New West Drive (60' wide) at its intersE!ction with the east end of a 20' cut back line,
and being the southerly southwest comer of said Reserve .C.; .
THENCE N 470 49' 51B W - 28.42', with the said cut back line, to a found 5/8B iron rod with cap for comer;
THENCE N 030 06 23B W - 991.41', with the said east right-of-way line to a found 5/8B iron rod with cap for the
Point of Curvature of a curve to the left having a central angle of 130 .47' 52. and a radius of 620.00';
THENCE continuing in an northerly direction with said east right-of-way line an arc distance of 149.31' to the
POINT OF BEGINNING and containing 38.1 acres (1,660,484 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying I Mapping
C:\Rlchard\Metes & Bounds\256-1-12c.mb.doc
1~1AJ/
Job No. 256-1-12c
December 20, 2000
e
e-)(~t.8'T A -:2, e
METES & BOUNDS DESCRIPTION
21.9 ACRES BEING ALL OF
RESTRICTED RESERVE DOD
BAYPORT NORTH INDUSTRIAL PARK
HARRIS COUNTY, TEXAS
All that certain 21.9 acres of land being all of Restricted Reserve DO., Bayport North Industrial Park according to
the plat thereof filed at Film Code No. 437010, Harris County Map RElcords, also being out of the William M. Jones
Survey, A-4~2,..Harris County, Te~as, and being more particularly described by metes and bounds as follows:
BEGINNING at a found 5/8. iron rod with cap located in the south right-of-way line of New Century Drive (60' wide)
at its intersection with the west end of a 20' cut back line for the west right-of-way line of Underwood Road' (50'
wide), and 'being the northerly northeast comer of said Reserve DO.; .
THENCE S 470 31' 42. E - 28.00', with the said cut back line, to a found 5/8. iron rod with cap for comer;
THENCE S 010 56' 14. E -1,236.15', with the said west right-of-way line to a found 5/8. Iron rod with cap located
in the north right-of-way line of New Decade Drive (60' wide) at its Intersection with the east end of a 20' cut back
line, and being the northerly southeast comer of said Reserve DO.;
THENCE S 420 45' 13. W - 28.44', with the said cut back line, to a found 5/8. iron rod with cap for comer;
THENCE S 870 26' 41. W":' 730.16', with the said north right-of-way line to a found 5/8. iron rod with cap for
Comer, and being the so.uthwest comer of said Reserve DO.;
THENCE N 01056' 01. W -1,268.76', with the common reserve line of Reserves DCD & DO-, to a found 5/8. iron
rod with cap for comer, located in the south .right-of-way line of New Century Drive (60' wide), and being the
northwest comer of said Reserve DO.; ,
THENCE N 860 52' 50. E - 730.20', with the said south right-of-way line, to the POINT OF BEGINNING and
containing 21.9 acres (954,046 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying I Mapping
Job No. 256-1-12d
December 20, 2000
C:\Richard\Metes & Bounds\256-1-12d.mb.doc
e)(KH~' T A. - ). e
e METES & BOUNDS DESCRIPTION
24.4 ACRES BEING ALL OF
RESTRICTED RESERVE "E"
BAYPORT NORTH INDUSTRIAL PARK
HARRIS COUNTY, TEXAS
All that certain 24.4 acres of land being all of Restricted Reserve "E", Bayport North Industrial Park according to
the plat thereof filed at Film Code No. 437010, Harris County Map Records, also being out of William M. Jones
Survey, A~82 and George B. McKinstry League, A-47, Harris County, Texas, and being more particularly
described by metes and bounds as follows: ' .
BEGINNING at a found 5/8" iron rod with cap located in the east right-of-way line of New West Drive (60' wide) at
its intersection with the south end of a 20' cut back line for the south right-of-way line of New Decade Drive (60'
wide), and being the souther1y northwest comer of said Reserve "E";
THENCE N 420 10' 15" E -.28.15', with the said cut back line, to a found 5/8" iron rod with cap for comer;
THENCE N 870 26' 41" E - 1,286.68', with said south right-of-way to a found 5/8" iron rod with cap for comer, and
being the northeast comer of said Reserve "E";
THENCE S 010 56' 01" E - 820.48', with the common reserve line of Reserves "E" & "F", to a found 5/8" iron rod
with cap for comer, and being the southeast comer of said Reserve "E";
THENCE S 870 27' 55" W - 1,289.89' to a found 5/8" iron rod with cap for comer, located in the east right-of-way
line of said New West Drive, and being the southwest comer of said Fteserve "E";
THENCE N 030 06 23" W - 800.01', with the said east right-of-way line to the POINT OF BEGINNING and
containing 24.4 acres (1,064,657 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying / Mapping
~
Job No. 256-1-12e
December 20, 2000
C:\Rlchard\Metes & Bounds\256-1-12e.mb.doc
.
.e.
"EXHIBIT e"
p.aqe'l of 2
RULES AND REGULATIONS
Any portion of Land constitutinq a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall b~ subject to the following rules and regulations
pertaining to new signage, screenin~J, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibi t n A"
which is adjacent to Fairmont Parkway, S.tate 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 identificaticm sign shall be permitted
for each si~e 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 Fairmcmt Parkway, state Highway
225, or state Highway 146 shall bE! screened by one of the
following techpiques:
a) Leaving in place existing trees, vegetation, underbrush,
, etc. to provide a thorough and E!ffecti ve 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 beJ;1lls and landscaping will be
maintained by the property OWnE!rs.
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 scre.en. 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 wi th 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 ~evelopment 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 subject to the :t"ules 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 acce,leratic)n/deceleration lanes,..
5. Installation of a median crossover cm Fairmont Parkway shall
be subject to the app~oval of both lIarris County and city.
.'.
, , -,/~
e
e
",
/
"
, ."
!/
......'.
r r dd3.D JONES ROAD . HOUSTON, TEXAS 77070
(281) 890-4781. FAX (281) 89Q-7116
ill ~ [tj ~ n \': r:: I.,
I.~ LETTER OF TRANSMITTAL III O,i.:'!_L: U__'>.,
D Uj &-22~:: f
December 29, 2000 I . .ASST. CITY MANAGER
. OFFiCE
I .
DATE:
TO: John Joerns, Assistant City Manager, City of la Porte
RE: Industrial District Agreement, Bayport North Industrial Park
ATTACHED PLEASE FIND THE FOllOWING ITEMS:
Two fully executed Agreements with Exhibits A and B per requirements.
PURPOSE:
For your use
REMARKS:
Should the Exhibits not meet the requirements of the Ordinance, we can arrange for our
surveyor to prepare something different. However, the Exhibit A, land Ownership
Summary specifically describes all land areas owned by Bayport North Industrial Park,
L.P.
.~
Bob Klassen
BNIPIDAXMT1
DESIGN-BUILD . ENGINEERING . CONSTRUCTION