HomeMy WebLinkAbout2000-IDA-55
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ORDINANCE NO. 2000-JCDA-55
AN ORDINANCE AUTHORIZING THE EXECUTION JJY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHERN IONICS INCORPORATED,
FOR THE TERM COMMENCING JANUARY 1, 2001, ANn ENDING DECEMBER 31,
2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
SOUTHERN IONICS INCORPORATED has executed an
industrial district agreement with the city of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law prE~ceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; ~nd 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 effE!ctive from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of February, 2001.
ATTEST:
y)pAthv{J. Aub-l
Ma tha A. Gillett
City Secretary
AP~v~
Knox W. Askins,
City Attorney
CITY OF LA PORTE
By: N~~L~
Mayor
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NO. 2000-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
,INDOSTRIAL DISTRICT AGRBEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal cOJ:'pora~.ion o_f ijarris County,
Texas, hereinafter called "CITY", and Southern Ionics Incorporated
, a Mississippi corporation, hereinafter
called "COMPANY";
WIT N E SSE T H:
WHEREA~, it is th~ established .policy of the City Gouncil of
the city of La Porte, Texas, to, adopt such reasonable measures from
time to time as are permi~ted by law and which will tend to enhance
the economic stability and growth of t:he City and 'its environs by
attracting the location of new and the expansion of existing
industries therein, and suc;::h policy is hereby reaffirmed and
adopted by this city council as being in the best interest of the
city .and its citizens; and .
WHEREAS, pursuant to -its policy, city has enacted Ordinance
No. 729, designating portions of the area 'located in its
extraterritorial j~risdiction' 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 Distric::t of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexcltion Act of Texas, codified
as section 42.044, Texas Local Government Code; and
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WHEREAS, company is the owner of, land within a designate~
Industrial District of the city of La Porte, scdd land being
legally described on the attached Exhib.1t "A" (hereinafter '.'Land");
and s~id Land being more particularly shown on a plat attached as
. Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvementl:;" 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 Distri.cts and for such purpose
desires to enter into this Agreement with company pursuant .to
Ordinance adopted by the City council elf 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 Munici.pal 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 t:o 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 thereot", as an industrial district may be changed pursuant
'to the terms of this Agreement. Subjec:t to the foregoing and to
the later provisions of this Agreement, (:ity 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, p~umbing or inspection
code or codes, or (c) attempting to exerc:ise in any manner whatever
control over the conduct of business tilereon; 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 rule!s and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall helve 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 fedeiral or state environmental
laws, rules or regulations, to the sanle 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 ren.der and pay full city ad
valorem taxes on such annexed'Land and improvements, and tangible
personal property. .
Under th~ terms of the T~xas Property Tux C~de (S.B. 621, Acts of
the 65th Texas .Legislature, Regular Sessi.on, 1979, as amended), ~he
appraised value for tax purpo~es of the annexed portion of Land,
improvements, and tangible personal prOpE!rty shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appr~ise the Land,
improvements, and tangible personal property in the un annexed area
for the purpose of computing the II in lieu II payments hereunder.
Therefore,' the parties agree that thei 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 tangi,ble per~onal 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 La~d, improvement~;, and tangible personal
pr~perty in the an~exed 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 gran1:ed in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a writtun'description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer, 'of the Company authorized to do so, or company' s
duly authorized agent, (the company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simili;lr form. The propertie,s. which the comp,any must
render and upon which the "in lieu of" ti!lXeS are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph 'III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from 'ad valorem 'taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Ta~ 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 appecll under the terms of this
Agreement.
B. As part of its re~dition, Company shall furnish ,to city a
written report of the names and addrElsses of all persons and
entities who store any tangible personal prpperty on the Land by
bailment, lease, consignment, or other alrrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of. December 31,' 2001, or 30 days from
mailing of tax bill and in like manner cln 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 CUrrli!nt calendar year ("Value,
Year").
D. Company agrees to render to ci ~y and. pay an amount "in .lieu of ,
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable, to city. if all of the
company' s Land and improvement:; which existed on January
1, 2001, and each January. 1 thElreafter of the applicable
Value Ye'ar during the term of t:his Agreement, (excluding
amounts payable pursuant to subparagraph 2, belqw), 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 provisiom; of the Texas Property Tax
Code; and
2. (a) On any Subs,tantial ,IncrElase in value of the Land,
improvements, and tan'qible pe,rsonal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
,same on January 1, 2000, resulting from new
construction' (exclusi v,e of construction in
progress, which shall be exempt from taxation), for
each Value Year fc)llowing completion of
construction in progress, an amount equal to Thirty
percent (30%) of the aDlount of ad valorem taxes
which would be payable to city if all of said new
constru~tion had been wi.thin the corporate limits
of city and appraisedl by City's independent
appraiser, in accordan.ce with' the applicable
provisions of the Texas lProperty Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tanc;Jible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value CJf at .least $3,500,000.00.
For the purposes of this Agreement, multiple
projects tha~ 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 belo~
the Property value established on January 1, 2000,
an amount equal to the anount of the depreciation
will be .removed from tbe calculation uI:lder this
subparagraph 2 to restorta the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
tax~s which would be payablt! to City on all' of the
company's tangible personCll property of. every
description, located in an industrial district of City,'
inClUding, without limitation, inventory, oil, gas, and
mineral interests,' items of le.ased equipment, railroads,
pipelines, and products in stc)rage located on the Land,
if all of said tangible, personal property which existed
on January 1, 2001, and each J,anuary 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 ci t~i' 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 bl" the. amount of ci ty' s ad
'valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an ~dditional period or periods of time
upon mutual consent of company' and C:ity 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 proceedi~gs 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 therewi.th after the annexation of
such land, Company will waive the ,right to require city to comply
with any such a4ditional 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 blatween City and all of the
,owners of all land within the .District elf 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,
nothi~g in this Agreement shall preclude such protest and Company
sha~l have the right to take all legal steps desired by it to
re,duce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total' of (a) the' total amount of ad valorem taxes on the
annexed portions, "'plus (b) the total alDount of the "in lieu of
taxes II . 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 s~all be ~iled 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 notic~ of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
contr'olli.ng for purposes of the 'determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such, notice of disagl::"eement, Company shall also
submit to the City with such notice a written statement'setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt' to reach an
agreement as to the market value of company's property for "in
lieu" purposes hereunder. If, after thE! expiration of thirty, (30)
days from the date the notice of disagrelament was received by' ci ty ,
the parties have not reached agreement as to such market value, the
parties agree to ~ubmit ,the dispute to final arbitration as
provided in subparagraph 1 of this Arti,ele VI B. Notwi thstanding
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
submi tted to City by Company hereunder, (lr t~e 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 caSEl of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge IJf the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference' between the parties as to the fair
market value of Company's property for c~lculation of the
"in lieu" payment and total :payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
, final and ,binding upon the parties, subj-ect only to
'judicial revi~w 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 defa'ult in payment of "in lieu of
taxes" payments hereunder, which shall accrue penal:ty and interest
in like manner as delinquent taxes, and which, shall be collectible
by City in the same manner as p~ovided k~ law for delin~uent taxes.
VIII.
This Agreement shall inure to ~he benefit of and be binding upon
Ci ty and Company, and upon Company' EI successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety ("90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement. '
IX'.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after :the effective date
hereof and while this Agreement is. in effect, which contains terms
and provisions ,more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend. same to embrace the more
favorable terms of such agreement or. renewal agreeme~t.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the, subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
wi thout such agreement neither party he:reto would enter into this
Agreement. In the" event anyone or more words, phrases, . clauses,
sentenpes, paragraphs, sections, articl.~s 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, phras~, clause, sentence " paragraph, section, article
or oth~r' part of the Agreement shall.be cleemed to be independent of
and separable from the remainder of this. Agreement and the, validity
of t~e remaining parts of this AgreemEmt shall not be affected
thereby.
XI..
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreement~ with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
ATTEST:
~aHIi~O,~
C ty Secretary
AP~t/~
Knox W. AskJ.ns "
city Attorney
CLty of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
By:
By:
By:
~4PO~
Norman L. ~ne
'Mayol:~
&WT, \~-~
Robert T. Herrera
city M~nager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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I, OCT -25-2121121121 11 : 22
4liOUTHERN IONICS
61211 495 259121 P.12I3/1213
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EXHISIT "A."
FIEl.D NOTE DESCRIPnON OF A. 53.5711 ACRE OR 2,.133.1$7 SCUARE FEET TRACT OF
LAND,SITUATED IN THE OeORGE 8. MCKINSTRY LEAGUE, ABSTRACT 47, HARRIS
COUNTY. TEXAS, AND BEING THE SAME TRACT DESICRIBED AS 10.7'2 ACRES OF
LAND CONVEYED TO QUAI<ER OATS CHEMICALS, INe:. PER THE DEED RECORDED
UNDER "LE NUMBER H .08373. FILM CODE NUM8E.t 011..17-2Z. OF THE HARRIS
COUNTY OFFICIAL PUBUC RECORDS OF REAL PROPI!RTY (H.C.O.P.R.R.P.) SAID
13.5711 ACRE TRACT BEING MORE PARncUlARL Y DeSCRIBED BY METES AND
BOUNDS AS fOLLOWS WITH ALL IEMINGS RI,FERENCED TO THE TEJ.U
COORDINA. TE SYSTEM, SOUTH CENTRAL lONE:
COMMENCING, for rtfemICe It tM Int,lIICtIon of 11M 104.m. County ,Iood Control NIt
rlghtdooWlY line for IJI ,.lInd !Io'lgh (230.00 ,.. wide) u "corded 'n vo'''''' 1210, PIlI 1 U af
tile H.nta Cauttty Deed R8cordl (H.e.D.JIt.) wttft eN notttl rtOflt-of-wlY I.... of PIIM"" Corridor ~
(100.00 r. wide);
THENCE, N Dze 2.' 3t" W,"'.GO 'tee along Aid .... rtght-otr-wlY line of 81g 1.I.nd Slough to I
112 Inch Iran rod round for tile POINT OF BEGINNING of 1M "'",'n dlScrt... net;
.
THENCE. N 0211 1" '1" W, 111.21 felt llonl I JI.. common to HJcIIS.I711IC'" bact....d MId
NIt rf.M-of...ay line of "I...net Sloutll to . COppIfWIIcJ (C.W.) rod .....,.. 2121 found for In
.... ,..nt 01 ... eat rtgllt<<...., u..:
THENCE, N ,.. II' JI" W, 40.27 ,... continuing alon, Mid common line 10 . III 1.11 l10n racI
fOUltd ,or.... molt nOftIIItty nCH'l"'" comer of AIcII~"7111C1W trlcti
THENCE. N ..,. 31' ... E. tl14.17 'eM ...ng.... noItIt line of IlIld a.17111U1 Inlet to a point for
.... nortbMlt comer of..... ".1711 len IrICt. from wtlldt a found (dlsturt>>ldJ C.W. rod ItIIIIpId
2127 _nil N 1.. 01' 01- E, 0.12 'IIII, Mid point bit", In .... west rtght...., II.. of .., '1fIc
IItDlld (100.01 ,..t wtdI) II lKorded under F... NumIMr E 7173131. film COdI Number ,..2.10t1
fII 1M H.C.O.P.R.JIt.P.;
THENCE. S 020 %1' II- E, 1471.25 ,... "0", . lint common to Mid ".712 aeN trlct and .....
WIlt rfgM-ot-way U... of Sly 'Irte Ro.t. 10 a C.W. lOCI ttIftIlped 21ft found for the soutftMlt
comer of ..Id a..111 acre nct and being In the north rtgtlt.~foWllY Itne of . n1i.roMt ...-
(10.00 '"' wtn), 1110 .....,. In tIM ,ouat II,.. of a dral.,. IUtment (40.00 flit wi.) '1
NCOrdIcI uncler File NumbIr E Z3374Z, Film CCMh Number 111-12.1071. of 11M H.C.O.P.RJt.P.;
THENCE, S '70.31' -10" W, .,ong . IIn. common to Aid '3.8711 Ie... tract. the north rIt"'~'''''Y
line 0' Mid railroad .a",".~ and th. south II... of sa'd dralmlg. .u..".nt . dlstanc. of 1Zot.JI
r..t to I point ror comer;
THENCE. N 020 2.' 31" W, 'Croll Yld tract' dlstanc. of 518.01) rllt fO a point tor comer.
THENCE. S 87" 31' ~" W, I dJSf~nc. of .II.DO feet to 'M PC)INT OF BEGINNING fit IN he..in
d..cribed trlct and co,*ln'ng wit"'n t..... call. 13.5711 ICN. or 2,3U.Ut .qul" ,.. of llnd.
TOTAL P. 1213
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"EXHIBIT B"
(Attach Plat reflectinq the 9wnership boundary lines; a
site layout, sbowinq all improvements, includinq
pipelines and railroads, and also showinq areas of the
Land previously annexed by the cit)r of La Porte.)
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IIEXHIBIT ell
Page l' of 2
RULES AIID REGULATIOlis
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 follc)wing ,rules and regulations
pertaln;i.ng to new signage, screening, drivew~ys and median
crossovers. These rules and regulaticms shall apply, after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land ~ef!Jcribed in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 10,0'" $~ril? of 'l,and ,~hall. be subject
to the' following provi$ions: "
. One freestanding identificatic:m sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-o:f-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 151) square feet in 'area.
. One freestanding identification' sign for ide,ntifying
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,hei9ht. '
. 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 };l.e screened by one of the
following techniques:
a)
Leaving in place existing treels, vegetation, underbrush,
e~c. 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 wi t.h approximately 3: 1 side'
slopes, 50' wide at the base a:nd 8' high. The berms may
be' landscaped with a combination of trees, shrubs, and
ground cover. All berms ilnd landscaping will be
maintained by the property owners.
'~ .; !
. ,'..
, ..
"BDIBIT e"
page'2 of 2
c) A screening plan, to be approved' by the City, that
includes a cpmbination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs an~ 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 fa~~lities.
For items band c above, the ac:::tual length of required
screening along the roadway wil.l 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 I strip, along the entire roadway frontage, ,
. shall: be dedicated as a landscape Elasement. and sha:J,.l be kept
free from any improvements except for approved driveway access
and identification' signs.
For cases of new development or improveDlents where a 50 I
landscape easement is not available or practical, Company'
shall' meet with city to determin,e a suitable landscaping
alternative.
3 . Driveways opening from said strip c>>f land ont;o State Highway
225 or State Highway 14,6 shall be subject :to the rules and
regulations of the Texas Department of Transportation and
provisions of the ci,ty' s Code of Ordinances, 'whichever is more
restrictive.
, ' '
Driveways opening from said strip, of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the city's Cod~ 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 accelerati.on/dece.leration lanes.
5. Installation of a median 'crossover on Fairmont Par~way shall
pe subject to the approval of both Harris County and C!ty.
,'.
[~AaR UQUIDE r
e
TO] ~ & m II W ~ [l !1
IJI] ~.:" ~ 2001 I U j.
L ,~, ASST. CITY MANAGER I I
OFFICE
.
February 5, 2001
Mr. John Joerns
City of La Porte'
P.O. Box 1115
....La Porte, Texas 77571
Attn: Crystal Scott
Dear Mr. Joerns,
SUBJECT:AIR LIQUIDE'S INDUSTRIAL AGREEMENT
Enclosed are two original copies of the Agreement between AIR LIQUIDE
AMERICA CORPORATION and CITY OF LA PORTE.
Thank you for your help regarding this matter.
s;:w~
Malcolm Taylor
Senior Tax Agent
Air Liquide
.
e
City of La Porte
Established 1892
January 12,2001
Southern Ionics
Attn: Milton 0, Sunbeck, President
12901 Bay Park Road
Pasadena, Texas 77507
Re: Industrial District Agree~ent (IDA) Series 2001-2007
Dear Mr, Sunbeck:
Two executed originals of the Industrial District Agreement (IDA) were received from
you on October 30, 2000. In a ietter dated September 25, you informed us you were in
the process of obtaining a plat of the property for use a:; Exhibit "B".
To date, we have not received this plat. Therefore, we have been unable to present these
documents to City Council for approval.
Please be advised the previous IDA expired on December 31, 2000, This agreement must
be executed in order for the City to continue to provide water service to your company.
Please send us 2 copies as soon as possible.
Once this exhibit is received, we Will present these documents to City Council for
approval and 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 · (281) 471-5020
e
e
Cit)'r of La Porte
Established 1892
November 1,2000
Southern Ionics
Attn: Milton O. Sunbeck, President
12901 Bay Park Road
Pasadena, Texas 77507
Re: Industrial District Agreement (IDA) Series 2001l-2007
Dear Mr. Sunbeck:
Two executed originals of the Industrial District Agreem~:nt (IDA) were received from you
on October 30, 2000, We have noted that you are in the process of obtaining a plat of the
property. Please send us (2) copies no later than November 15, 2000.
Once we receive these exhibits we will present these documents to City Council for approval
,and we will return'an original set to you.
If you have any questions or concerns regarding this mattler call John Joerns at (281) 471-
5020.
Thank you for your cooperation in this matter.
Sincerely,
G<~ T...~~
Robert T. Herrera
City Manager
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
e
J ----~
- fD) rn@~Dwrn rn:
lJ1] OCT 3 0 am I~Ji
I .
ASST. CITY MANAGER S lr I
OFFICE 1L
September 25,2000
City of La Porte
Attn: Kathy Powell
604 West Fairmont Pkwy,
La Porte, Texas 77571
Re: Industrial District Agreement
Dear Ms. Powell:
Please find enclosed two signed originals of the Industrial District Agreement. We have
enclosed Exhibit "A" for the new meets and bounds description. However, the Plat
Exhibit "B" will be submitted at a later date.
Please execute and return a signed copy of this agreement.
Sincerely,
Y\\Jii) ~ l
Milton 0, Sundbeck
President, Southern Ionics Incorporated
MOS:pag
~
12901 Bay Park Road. Pasadena. TX
77507 . 281/474-4826 . 281/474-4973 'n. www.southernionics.com
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aalocat" aDd .~.Ii~ ...~fttl ,r..t.4 o~<<r .nd .cco..
:rub,ect pto~rtf .. a part of tb. tr.ct. 01 land d.lCr1~ 1a
tN 4.~ ,ecor4~ la VO:U!M 1101. Pa9- 690, 01 t.ha 0..4 JKO..1h
iol huh Cowlty, T...al. u ,uatH to Itu.abh Pipe Lin. C'*PAD,
'1Jr 4...,.;4 r1<"014.4 h Yoluae IUO. ,.,. U). of U1a o.H .e<or4.
01 &a,,1. Cooaly, fe..., ..i. ...~atl r.-...igned to luable
Oil , ..flelo, C~ft' by in.tru8<<ftt recorded 1ft Vol~ ")5.
:"ta 11. of U. ~H 1~1-4. of KUlla Coont,_ Tuu.
~ ,i~lln. ......ftt OY., .Dd aClo.. .Gh,.et proP4rty ,r..tH to
'the Othua 'hat Co~ut1o.. ~, h.tnuM.t r~or-d" 1. Vol_
:un. Pa.a 161. of the 0." .4t'COnI. of Ku,h CQUAt,. f...a.
Ilt.t of .., u.~.t. to .."ic. airy vella aM/or bill IU.,
U N' be IlK.....r..,. .. ut tortli la U. lI." CK1)rdd h Yol~
"tn. ".941 .S_I).., o,f l.ha 0.+4 1e<:~r4. of Saui. Couat" f.....
rt. .boy. .......t. .. to vtll .1t.. .nd .at.r I1DC' .n4 roa4
'.......t. al' ~'e-ct to cu'tai. .,r...-at. .. .et !o..tI. i. _i.
d.... 1DOJ~i.. the .,r<<t.c.l for a~Ddonacnt .~ r.l.... of
~ai. ._.....t. w~. ~.t.~ i. .~.il.bl. to the I.Dd .nd oth.r
"laM 18 e.a,port hoe CIWA, .HIt tM 1'0-&<1 ""_I'll b4in,
.~~ an4 r.l...N ~he. and 1f .11 v<<ather acct.. road. ar.
'...4. .~.iJabl. to ...ch of tho "..11 .it.. ....,_ftt...
The a~' .a'~ftt. .&4 .".~"t. h4.. .11 been I.it.,at&~ i.
\bo ..H hoe ~ker o..t. C~ny to Qu.aku Oat. C'bc-1ILuh,
:Ir.c.. fUH for r~or' 0" "pd.1 U. 19'1, und.r Chrll'. '11. So.
:1&141". of lh.e t... 'I'O'p4rty 'ecold. of larrh COGJIIl,. f.ue.
:" l..l~at 111.. for fecord under Clerk'. 'il. ~. 11031...
:.ul 'I'Ot'4rtf 'I<"Onb. Tbe Qu.a.Ur Oat. C~f\J ,..... noot1ca t..
'tho f..... V.t.r QuAlity Io~r. that it bAd ..t ..lde 22..'))'
iacu. of t.lla '1'O'p4Ity. .. d.ltCrib04 .., _t.. and bound.
lattache4 t. ..14 If\.t~.t. for .1.~1 of di...te4 rice hwll.
iaDot i..inuator. aM w.i....t... .. tn... ..t.ar QuAIU, lIo.r.
~Clu. I'...t..,
:A DOA~'1t1o. ~.~.t ~t..i'" 1a Lhe A1r.....t d.ted
: 'ebnury 11. 191.. bet..... tN ~U, Oata Co.p...,. 'utK"
; CorpctraU.., ...... QO ~lul.. I....
In tho Du" fto'll Th. Qud.tr o.ate Co.p.a", fll.. Cor r~r. IInd.r
'il. ... ..0.)7). ...1 'ro~rtf 'e<ord., tbi. ..ctptioft va.
19.i. r.flrrt4 to witli the ~nd.r.t.ndift' that rlIO. Corpor.tion.
it. .uc<1..or. an4 .a..19".. i. conducti", operatio". tor laid
Frodu<tlo, I~II DOt ... or occupy a., portion ~I th. .urlac. of
th. land, ate., a&4 r.li~i.h an, ri,ht to d.Yelo~ or produc.
oil. aDd other .i..r.I.. .Ice~t lor dlrKtion.1 well., ~ut all
dtillin, tllrOU1~ or Gade, .ai4 laDd ahall b4 at a d.ptb of at
l...t 200 I.et b4low tho .~rlac. of the ,round and .0
d1rKtloe~1 -LalDt or tUAn.li". .hall be condoet~ aDdar t~.
1.04 at a., d.pt~ below the .~f&C. of the ,round.
Subject t. tho .tlpol~ttoft. .04 a9re~ftt. ..t lor~ 1. ectd
f~ rrleodrwood o...lopa4at Co.paftr fl1... for r~rd and.r
Cl.rk.. '11. 10. 11))1." and i. the ec.d Ir~ the Quak.r ~t.
C~.Y Ule-J lor recor4 und.r Clu\.. lile So. 810137), h"
Property 'K~r4., r..,..rdtD1 tM o~ratio,. of wat.r_U.. the
eoD.lr'QCtio. of 2C wid. lataoat. !roe H<;' of road. !r<<II t.h_
lan4 to e.l.ti.. .rai&&9- ditehe.. the ift.t~ll.t10a of lurl.c.
w.ter runoff ooodult., elc.. .11 a. ..t fOI~ ther.in.
S~'Kt to a.f An4 .11 boil.1~ and IOlin, or4iaanc.. i. the
eitr .f ~Jport, hue.
s~'ect t. a., "a.t. .. coat.a1n.d ther..D v~1eh aa, .ffect
.ub~.ct ,rope,t, 1. tb. .Graftl of Jitht. 1. ,tpeJ1ft1 Corri4or..
!afPOrt. I.,ri. Couat" r...... .. .at lottb 1n the in.truacat
lile-J for rteOr. aDd.r CI.rk'. 'i1. So. 'IS1.'I. 1..1 'r~rt,
IKCtr.' of .aui. C41aaty. re....
rhe t.ra.. c~nditio.. .nd .ttpul.tioa. cOftt.ined in a c.rtai.
~.d Aa4 I..t~t" S.bor41natloo A64 tftt.c~r<<dltor ".r....ftl
d.t" JaDe ,. I"'. "twe.. ~&kar o.t. Ch~aic.l.. I~.,
$Ovtb4ra IOllic.. t&o<l., s.o-.tw,. Ioaic.-TI"" Inc. aDd re...
c~rc. ..~ aatlOftal A..oci.tl~, r~t." und.r CI.rk.. 'il.
Jo. MItJ]'t, 01 ~ ...1 'r~rty lecotd,ot e~rrl. c~ty.
flU..
'OTE nm. sun'c\ \~dS c"IlJuckd wlth,'ut the l->..'fldil "/ a
cun,'1I1 11111.' r~'fXn1 111< Sl.r\'...' '" has n\.'1 .1h'H ,tdcd 1111'
p'"J",-"lh and ,hall 0\.>( ~ hdJ !laok Illr am C.lx:nh'nl' ,wd ,'f
r.:stnl'll'lft!! lhdt a l'UIT~111 tltk rqKlf1 w\.11I1J sh,'\\
This survey Is made for the benefit of South Trust Bank of Alahama. National Association,
Southern lonics, Inc.
I hereby cer1ify that this survey w:as made on the ground as per neld notes and that the legal
description shown hereon Is correct; that this survey sho....s ,he location of all easements and
other matters of record affecting tlhe subject property as set for1h in the Title Commitment G.F.
No. __(Not Furnished) , dated '__ - _, Issued by ,Not FUlnlshed)_,
and shows any other matters visible on the ground which may adveNe/y affect the subject title,
other than those easements and restrictions listed below whIch are blanket euements and
restrictions affecting the property; that there art no encrolChments either way except as shown
on the survey; that all utilities elnter the subject property by way of public euements; that
adequate ingress and egress to and from the subject property is provided by streets and
dedicated public rights-of-way m811ntalned by the City of Bayport, Tuu; and that based on a
careful physical inspection of the subject property, the subject property does not serve any
adjoining p~opertles for drainage, Ingress and egr.ss, or other purposes except as shown,
hereon. All blanket easements anld restrictions affecting the property which are not capable of
being depicted at a specific locatloln or area are listed on the bottom of this survey.
SU~Z!;liLd;!;~
CHARLES E. BATES, Registered Plrofesslonai Lar.d Surveyor No. 4110
Job 1# 97596
(be ..t~ll.~t .f ".ir~.t.1 ItaDd.r.e for IafPOrt
rndaatri.1 Ar,_. I' ..t f.r~~ 10 iA.t~.t ,.cord" 1. VolaDe
I~S'. '..a liS. 0..4 l~r4., .. ....... ~ la.t~.t r~rd"
1a '.Iaae S'1'. 'a.. I", 0..4 l~r4., 1. 'ol~ '.", 'a..
23', 0." '~r4., ~ .n4ar Clerk'. '11. .., O",.Sl, of the
. led Iroputy lecor4.. .. IIc.9tH i, u.. 0... fr~ IrlcM.v004
o....lopuat C~.:r r.oor&.4 .6<le, chrk'. ru. Jo. UU1U, of
ACCORDING TO:
The National Flood Insurance Program Flood Iniurance Rate Map this site lIu in Zone "X",
Community, Panel No. 43201C0940.J, dated Novemb..r 6, 1996.
Base Flooo Elevation :II 11.00 (Un Adj.) N.G.V.D.'29. This statement is based on scaling ,he
location of said survey '.)11 the ab~ve referenced map and Is ror flood Insurance rates only and
not intended to identify specific flooding conditions.
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TOTAL AHEA
WATER WELL SITE NO.8
SITE ANALYSIS
53.5711 ACRES
-0.1369 ACRES'"
NET AREA
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EXHIBIT" A Of
FIELD NOTE DESCRIPTION OF A 53.5711 ACRE OR 2,333,557 SQUARE FEET TRACT OF
LAND SITUATED IN THE GEORGE a. MCKINSTRY LEAGUE, ABSTRACT 47, HARRIS
COUNTY, TEXAS, AND BEING THE SAME TRACT DESCRIBED AS &0.792 ACRES OF
LAND CONVEYED TO aUAXER OATS CHEMICALS, INC. PER THE DEED RECORDED
UNDER FILE NUMBER H 405373, FILM CODE NUMBER 011-97.2240 OF THE HARRIS
COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY (H.C.O.P.R.R.P.) SA!D
53.5111 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS WlTH ALL BEARINGS REFERENCED TO THE TEXAS
COORDINATE SYSTEM, SOUTH CENTRAL ZONE:
COMMENCING, for reference at the Intersection of the Harris County Flood Control east
right-of-way line for Big Island r,lo~9h (230.00 feet wide) as recorded In volume "260, page 124 of
the Harris County Deed Records (H.C.O.R.) with the north right-of*way line of Pipeline Corridor 30
(100,00 feet wide);
THENCE. N 020 24' 31" W, 605,00 feet along said east right-of.way line of Big Island Slough to a
1/2 Inch Iron rod found for the POINT OF BEGINNING of the herein describ.d tract;
THENCE, N 020 24' 31" W, 887.29 feet along a line common to said 53.5711 acr. tract and said
east rlght-of.way IIn. of Big Island Slough to a Coppef'Neld (C,W,) rod stamped 2821 found for an
angle point of said east rlght-of.way line;
THENCE, N 340 59' 38" W, 40,27 feet continuing along said common line to I 5/8 Inch Iron rod
found for the most northerly northwest corner of said 53.5711 acre tract;
THENce, N 870 31' 40" E, 1814.57 feet along the north line of saId 53.5111 act. tract to a poInt for
the northeast corn,,* "'f said 53.5711 acre tract, from which a found (disturbed) C.W. rod stamped
2827 bears N 190 l 1" e, 0,52 feet, said point being In the west rl9'~. ">f-way line of Bay Park
Road (100.00 feet wide) as recorded under File Number e 717339, Film ie Numbu 138-02-1095
of the H.C.O.P.R.R.P.;
THENCE, S 020 27' 59" e, 1478.25 feet along a Une common to sal1 &0,792 acre tract and said
west right-of-way line of Bay Park Road, to a C.W, rod stamped H2- 'I)und for the s')utheut
corner of said 53.5"~ <II lere tract and being In the north right-of-way of a railroad easemlnt
(50.00 feet wide), , ,J being In the 'south lint of a drainage easem.nt (40.00 feet wide) as
recorded under FiteNumber E 233742, Film Code Number 101-12-1019, of the H.C.O.P.R.R,P.;
THENCE, S 870 31' 40" W, along a line common to said 53.5711 acr8 tract, the north r1ght-of~IY
line of said railroad easement, and the south Une of said drainage easement I distance of 1209.3&
feet to a point for corner;
THENce, N 020 24' 31" W, across saId tract a distance of 565.00 feet to a POlf\t for corner;
THENCE, S 870 31' 40" W, a distance of 585.00 feet to the POINT OF BEGINNING of the herein
described tract and containing within these calls 53.5711 acres or 2,333,557 square feet of land.
LAND TITLE SURVEY
OF 53.5711 ACRES OF LAND OUT OF T~~E
GEORGE B. McKINSTRY LEAGUE, A-47,
,..iARRIS COUNTY, TEXAS; SAID 53.5711
ACRE TRACT BEING OUT OF AND PART
OF A 60.792 ACRE TRACT CONVEYED TO
QUAKER OATS C~fEMICALS, INC., AS PER
H.C.C.F. NO. J.'1406373 I FILM CODE
NUMBER 011-97-2240 OF THE HARRIS
COUNTY OFFICIAL PUBLIC r~ECORDS OF
REAL PROPERTY.
SCALE: 1" = 1 00'
DATE: NOVEMBER ~9, 1997
OWNER: SOUTHERN IONICS, INC.
ADDRESS: 12901 BAY PARK ROAD, BAYPORT, TX.
JOB NO. 97596
CHARLES E. BA TES
RIQlSTIRID PROFI8SIONAL LAMD SURVIYOR No. 4110
4022 LURlA AVENUE DIIR PARK. TIXA8 7783e
12811 410-5135 FAX. 11SiI 470-3275
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