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HomeMy WebLinkAbout2000-IDA-56 - . ORDINANCE NO. 2000-IDA-56 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH .AIR LIQUIDE AMERICA CORPORATION, FOR THE TERM COMMENCING JAljUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINC:;S 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. AIR LIQUIDE AMERICA CORPORATION 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, l and the City Attorney of the City of Let 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 offi<::ially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subj ect 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 prtaceding this meeting, as required by.. the Open Meetings Law, Chap.ter 551, Texas Government Code; and that this ~eeting 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 effl~cti ve from and after its passage and approval, and it is so ordered. e . PASSED AND APPROVED, this 26th day of F~bruary, 2001. By: ATTEST: (;/!J~/f1'nq~t/1AJ/.W City Secretary CITY OF LA PORTE c4~~ Norman L. alone, Mayor 2 . ; .. FEB-02-2001 FRI 03:52 PM , F J\X NO. . P. 02 'If/IItI ,I . , I , NO. 2000-:IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { l:NDtJSTRIAL DISTIUCT AGR:BEKEIrr This AGREEMENT ~ade and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris county, . l' 'd A ' Texas, hereinafter called "CITY", ,and An" "lul e m~ rlt!.tJ Corp,o IHlno h , a D.QIOIIAJOk-e.- corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established poli~y of the city Council of the Cit.y of La porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which wi,ll tend to enhance the economic stability and growth of the city and its environs by attractinq the location of new and the~ expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this city council as bei~g in the best interest of the city and its citizens; and ' WHEREAS, pursuant to its policy, City has enacted Ordinance ~o. 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", p.ereinafter collectively called !rpistrictll, such Ordinances being in compliance with the Municipal Annexatic)n Act of Texas, codified as Section '42.044, Texas Local Government, Code; and WHER~S, 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 ~xhibit urAn (hereinafter ULandtl) i and said Land being more particularly shown on a plat attached as Exhibit liB", which plat descr:J.bes the .owr.lership boundary lines; a site layout, sho,"?ing all impt'Qvements, including pipelines and railroads, and also showing areas of the Lana previously annexed by the ,City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants' within said Districts and for such purpose desires to enter into this Agreement with company pursuant to Ordinance adopted by the City Council of :~aid city and recorded in the official minutes of said City: NOW, T~EREFORE, in consideration C)f the p~emises and the mutual a9ree~ents 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 ot~er as follows: FXHAL DRAFT: February 24, 2000 .~D-~~-~UUJ rKJ Uj;~j rn I , ." FAX NO., e ra". P. 03 I. city covenants, agrees and guarantees th2Lt during the term of this Agreement, provided below, and subject tel the terms and provisions of ,t.his Agreement, said District. shall conti~1Ue 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 port.ion or portions thereof, as an industrial distri<:t may be chang-ed pursuant to the terms of this Agreement. Subject. to the foregoing and to the later provisions of t.his Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it. covers said Land lying within said District and not now within the corporate limits of city, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to bave extended to it any services by city, and that all Land, incllJding that which has been heretofore annexed, shall not have extended to it by orqinance any rules and re9U~ations (a), governing plats and s~bdivisions 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 lOa' 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 i and provided, however, it is agreed that City shall have the right to inst.itute or intervene in' any administrative arid/or jUdicial proceeding- authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federcll or state environmental laws, rules or regulations, to the same extent and to the same intent and effect i;lS if all Land covered b~r ~his Agreement. were not subject to the Agreement. II. In the event that any portion of the Lund has heretofore been annexed by city, Company agrees to render and pay full City ad valorem taxes on such annexed Lana and improvements, ana tangible personal propert.y. ' 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 propert~y 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 propert.y in the unannexed area ,for 'the purpose of computing the "in liE!u" payments hereunder. Therefore, the parties agree that the clppraisal of the Land, i.mprovements, and tangible personal propert.y in the un annexed area shall be conducted by City, at. city's expense, by an independent. appraiser of City's selection. The par'ties recognize that. in making such appraisal for "in lieu" payment pqrposes, such appraiser must of necessity appraise the entire (annexed ana unannexed) Land, improvements, and tangible personal property. 2 FEB-02-2001 FRI 03:53 PM FAX NO. II P, 04 . Nothing herein contained shall ev~r be intE!rpreted as lesseninq the authority of the Ha~ris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem ta~ purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, company shal~ provide City with a written description of its Land and all improvemen~s and tangible personal property located on the Land as of the immediately preceding Jclnuat'y 1st, stating its opinion of the Property's ma,rket value, clnd being sworn. to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the company's "RE!nditionn). company may file such Rendition on a Harris county App:J:~aisal District rendition form, or similar form. The properties. which the Company must render and. -qpon which the lIin lieu ofn taxes are assessed are Jnore fully described in subsections 1, 2, and 3 of subsection p, of this Paragraph III (sollletimes collectively c::alled the npropertyl'); provideq, however, pollution control equipment installed on the Land which is exempt from ad valorem t;:i.xation pursuant to the provisions of Sec. 11.31 of the Texas Pro:perty Tax Code is exempt from ad valorem taxation and' "in lieu of taxes" hereunder. A failure by Company to file a Rendition ,as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, company shall furnish to city a wr i tten report of the names and addresses of all persons and entities who store any tangible personal property on the Lan~ by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the ~anagement of Company on January 1st of l!ach Value Year, further qiving a description of' such products in storage. I C. ,On or before the'late~ of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before eaCh December 3~st thereafte~, through and inclUding December 31, 2007, Company shall pay to City an amount Itin 'lieu of taxes" on Compa,ny's Property as of January 1st of the current calendar year ("Value Year") . O. company agrees to render to City and :pay an amount "in lieu of t'axes" on Company I s Land, lJllprovements and tanqible personal property in the unannexed area equal to the sum of: . 1. Fifty-three percent (53t) of the amount of ad valorem taxes which would be payable to City. if all of the company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant' to sucparagraph 2, below), had been within the corporate limits of City and appraised J FEB-02-2001 FRI 03:54 PM .. , \ FAX NO. e r--\ P. 05 each year ~y Cityis 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 tang ibIe personal property (excl~dinq inventory) dedicated to new construction, in excess o:f the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progre~s, 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 amo'Llnt of ad valorem taxes which would be payable to City if all of said ~ew .construction had been within the corporate limits of 'city and appraised by City.s independent appraiser, in accordancta with the applicable provisions of the Texas Pl"Operty Tax Code. A Substantial Increase in value of the Land, improvements, and tangi.ble personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: (b) i. at' least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or i1. a cumulative value of at least $3,500,000.00. For the purposes ot this Agreement, multiple projects that are completed in a Value ~ear can be cumulated to arrive at the amount for the increase in value. (e) If existinq Property values have depreciated below the Property val~e established on January 1, 2000, an amo~nt equal to the am,ount of the depreciat.ion will be rem.oved 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 ta~es which would be payable to City on all of the Company.s tangible personal property of every description, located in an indu.strial district of cit.y, including, without limitation, inventory, oil, gas, and mineral interests, items of lea~;ea. equipment, railroads, pipelines, and products in' stor'age located on the Land, if all of said tangible persona.l property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during thl~ term of this Agreement, had been within the corporate limits of city and appraised each year by the City II S independent appraiser, 4 rt~-U~-~UUl ~Kl Uj:b4 PM FI~X NO. . / ~ P, 06 . . ,e in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by '~he amount of city's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris county ~ppraisal District., IV. This ~greement shall extend for a period :beginninq on the 1st day of January, 2001, and continuing thereafter until December 3:J., 2007, unless extended for an additional p,eriod or periods of time upon mutual consent of company and city as provided by the MUnicipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additic)nal period or periods of time on or before August 31, 2007, the a,greement of city not to annex property C?~ company within the Distl'ict shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of compa:ny' s property covered by t~is 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 a:fter January 1, 1994, or any new legislation is thereafter enacted by the Legis,lature of the state of Texas which imposes greater rest:r-ictions on the right of ci ty to annex land belonging to COmpi2lny or imposes further obligations on city in connection therewith after the annexation of such land, company'will waive the ~ight 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 sallie existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between ci ty and Co~pany and/or its ass iqns even though it is not extended by., agreement bet,ween City and all of the owners,of all land within the District of which it is a part. VI. A. In the event company elects to protest the valuation for tax purposes set on its said properties by city or by the Harris County Appraisal District for any year or years during the terms hereof, nothing'in this Agreement shall preclude ,such protest and Company shall have the right to take all leqa1 steps desired by it to reduce the same. Notwithstanding sqch protest by company, company aqrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorein taxes on the annexed portions, 'plus (b) the total amc)unt of the "in lieu of taxes" on the unannexed portions of Compan~" s hereinabove described property which would be due to City :Ln accordance wi th the 5 FEB-02-2001 FRI 03:54 PM FAX NO. P, 07 - I . ., foregoing provisions of this Agreement on the basis of renditions whicb shall be file~ by company. When the city or Harris county Appraisal District (as the case may be) valu~tion on said property'of Company has been so finally determined, either as the result of final judgment of a court of competent jurisd,iction or as the result IJf other final conclusion of the' controversy, , then wi thin thirty (3 Cl) 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 in4ependent appraiser selected by city pursuant to Article II above (whiCh shall be qiven in writing to company), Company shall, within twenty (20) days of receiving such copy, c;;rive written notice to the Ci ty of such disagreement. In the event Company does not qi ve such written notice of disagreement within such ti1l1e period, the appraisal, made by' said independent appri:liser sh~ll 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 0; disagreement, Company shall also submit to the c;i.ty with such notice a w'ritten stat.ement settinq forth what company believes to be the market value of Company's 'herein~bove described property. Both part.ies agree to thereupon enter into good faith negotiations in an attempt to reach an agreement ,as to the market value of COInp~ny I S property for "in lieu" purposes hereunder. If, after the ,!xplration of thirty (30) days f~om the date the notice of disagreement was received by city, the parties have not reached agreement as to such market va~ue, the parties agree to submit the dispute 1:0 final arbitr~tion as .provided in subparagraph 1 of this Article VI B. Notwiths~anding 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 (p) the total amount of the "in l~eull pa~nnents which would be q.ue hereunq.er on the basis of Company I s valuations rendered and/or submitted to city by company hereunder, 01' the total assessment and nin lieu of taxes" 'thereon for the last I)recedinq year, Whichever is higher. 1. A Board of ~rbitrators shall bEl created co~posed of one pers9n named by Company, one b~' city, and' a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parti.es 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 nImpa:l:'tial Arbitratortl) shall preside over the arbitration proceeding. ~he sole issue to be determined in the arbitration shall be resolution of th~ difference between the parties as to the fair market value of Company IS propez'ty for calculation of the "in lieu." payment and total pclyment hereunder for the year in question. The Board shall hear and consider all relevant and material 'evidence on that issue including 6 FEB-02-2001 FRI 03:55 PM , FAX NO, e ..-... I . p, 08 .. . ,/- expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding ~po~ the parties, subject only to jUdicial review as may be available u~der the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Prac::tice and Remedies Code). Costs of the ar~itration shall be shared equally py the Company and the city, provided that each party shall beaX"' its own attorneys fees. VII. city shall be entitled to a tax lien on Company'~ 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, ~hich 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 benefi,t of and be binding upon city and Company, and upon Company's SUccessors and assigns, affiliates and subsidiaries, and shall remain in force whether Comp~ny sells, assiqns, 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 t~rritory herei.nabove 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 llotice 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 Aqreelllent. with cLnY other landowner wi~h respect to an industrial district or entEirs into a renewal of any existing industrial dist+ict agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions ~ore favorable to the landowner than those in' this Agreement, Company and its assigns shall have the riqht to amend this Aq~eemen~ and City agrees to amend l$ame to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existinq laws pertaining to the subject and that all tl~rms, considerations and conditions set forth herein are lawful, :['easonable, appropriate, and not. unduly restrictive of Company"s business activities. Without such agreement neither party here'to would enter into this Agreement. In the'. event anyone or more words, phrases, clauses, sentences, paragraphs, sections, artioles or other parts of this Agreement or the application thereof to any person, firm, 7 FEB-02-2001 FRI 03:55 PM FAX NO. . (.......... P, 09 ... '. . corporation or, circumstances shall be held by any court of competent jurisdiction to be invalid or lJ.nconstl tutional for any reason, then the application, invalidity clr unconstitutionality of such words, phrase, cl~use, sentence, paraqraph, section, article or other part of the Agreement shall be dee~ed to be independent of and separable froM the remainder of this A~Jreement and the validity of t~e remaining parts of this Aqreemen't shall not be affected the;oeby. XI. Upon the commencement of the term 'of this Agreement, all other previously existinq industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of Janu~ry, 2001. , Ihh~~k By: ~~ Name:':"" r. Title:. -fen/hll'- 74.y ~el'\.1- AddreS!3: P.().iAo'Y..~IJO/~' . , JlDi4.< t&J,^ , Tx 770~" -3'/4'1 ATTEST: 1Jlt1Uil~ d. JI~ J.t secretary By: /7~ Norman L. ~ne Mayor By: G~^* \1 \~ Robert T. Herrera ci ty !1:anager , CITY OF LA PORTE P.O. BoX 1115 La Porte, TX 77572-1115 nox W. Askins City Attorney ,c1 ty of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-~047 8 FEB-02-2001 FRI 03:55 PM .. FAX NO. . P,IO 1-\ --' "EXHIBIT A" (Metes and Bounds Descriptil:)n Qf Land) I" ' e . METES AND BOUNDS 22.957 acres of land, located in the Richard Pearsall 1/3 League, Abstract 625, Harris County, Texas, said 22.9757 acres being part of the 154.145 acre tract sold to Big Three Industries, Inc. by General Warranty Deed, dated February 15, 1973', recorded in File No. D806510, Film Code No. 157-29-0284, Official Public Records, Harris' County, Texas, and being more particularly described by' ,metes and bounds as follows: .~ BEGINNING at a 5/8 inch iron rod found for the Northwest corner of the herein described tract in the East line of Exxon pipeline corridor No. 520, being located South 00 deg. 46 min. 11 sec. East a distance of 472.02 feet from a copperwald found at the intersection of the East line of Exxon corridor with the South line of, Fairmont Parkway; , THENCE North 86 deg. 52 min. 45 sec. East a distance of 594.0 feet to a 5/8 inch iron rod found for the Northeast corner of the herein described tract; THENCE South 00 deg. 46 min. 11 sec. East a' distance of 1687.75 feet to a 5/8 inch iron rod set for the Southeast corner of he,rein described tract in the North line of. H. L. & P. Co. 120 foot wide right.-of-way; THENCE South 87'deg. 25 min. 15 sec. West along and with the north line of H. L. & P. Co. right-of-way, a distance of 593.80 feet to a copperweld found for the Southwest corner of the herein described tract i.n the East line of Exxon corridor No. 520;' . THENCE North 00 deg. 46 min. 11 sec. West along and with the East line of said Exxon corridor, a distance of 1682.13 feet to the PLACE OF BEGINNING and containing 22.957 acres of land (1,000,011.41 square feet)., "'-~-L"~~ Te~,. Ouellette' Registered Public Surveyor Date: December 12, 1988 No. 4589 ,~ .t"'C. OF 7',..' ... ~...." .." . G .. Po" cl.;.''''r' ~~ , Q~, \.' 1P. '....}-\ c,.. . .;...;.~'V ..0'. o I.X e.. ..~, ...~ . j)" ,,~ . ""?") ,qo .. ,...., ..C=.O..G..~.IbOU...... . TERRY L. OUELLETTE ~ . . It C . . . . . , n " 0 . V' . ... . . . . .0 45B~J .:I"Ct" .. -"0....":'... ,,'0.' Cl ". ....'Q ~v..... , "(...'"i n' ~7/~1'e";'~1J ........,. ... SI "... ~"o ~"':.;~'~"(.' . ~ ....le "l\"~ ' f:..__ -.;) oJ',oo;: .......~... FEB-02-2001 FRI 03:55 PM FAX NO. . e '-. f'\ "EXHIBi'l' B" (Attach Plat reflecting the ownership bcu~dary lines; a site layout, showin.g all impro'\I'ements, includ.ing pipelines and railroads, and also showing areas of the Land previously annexed by the city of La Porte.) P. 11 FEB-02-2001 FRI 03:56 PM FAX NO, p, 12 ~ ~, " . ., . "BXHIBIT e" Page 1 of 2 . RULIS A!ID REGULATIC)BS Any portion of Land constitutinq a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Hlqhway 146 shall be subject to the fOllowinq rules and regulations pertaining to new signaqe, screening, driveways and median crossovers. These rules and regulation.s shall apply after the effective date of this Agreement WhE!n Company develops or constructs improvements on vacant Land liescr ibed. in Exhibit.. A" which is adj~cent 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 identificatioIl sign shall be permitted for each side of an inqustrial E!stablishment that fronts on an improved public right-of-.way. . ~reestandin9 identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding ide~tificaticm sign for identifying' multiple businesses is allowabl.e at the intersect.ion of improved public rights-of-way. . Freestanding identific~tion SigllS for multiple businesses shall not exceed J5D square fee.t. . 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 tJ:~ees shall, together with other vegetation and underbrue~h, create a continuous visual screen. b) . , The use of earthen berms with approximately J: 1 side slopes, 50' wide at the base and 8 I high. The berms may be landscaped with a combinaticm of trees, shrubs, and ground cover. All' berms and landscaping will be maintained by the property owners. FEB-02-2001 FRI 03:56 PM .. . -, FAX NO. ~~ P. 13 . , " ,..... "BUIBI'!' e" paCJ8 2 af 2 c) A screening plan, to be apprc)ved 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 scree:n. 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 pub~ic utili t:y . company, and does not interfere wi th the operation and maintenance of the public utility facilit~es. For items band (: above, the act.ual length of required screening along the roadway will be e'qual to the length ot the new development that is parallel to the roadway. Screening shall not be required for new develoE)ment 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 iJuprovements where a 50 I landscape easement is not availabll:! or practic~l, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways openinq from said strip of 1and onto state Highway 225 or ::;tate Highway 146 shall be 5iubject to the rules ana ,regulations of the Texas DepartIl1en't of Transportation and provisions of the city's Code of Ordinances, whichever is more restrictive. Driveways opening from s'aid strip of land olito Fairmont Parkway shall be subj ect to the rules and regulations of 'Harris County and provisions of the city's Code of Ordinances, whichever is more restrictive. 4. Dr~veways 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'bot.h Harris county and city. ~~O '" " ~.o. flt v:n. I1)A -hl~ for- In,,. t-t u.,c!e.-. (~s) ~ - - F:'/ L- ("L - --- -:J::D A- ~ J4 -r~' L6/ i ;' j" JAN 12 '00 12:40PM ALAC PIPELINE CONSTRUCTION . .1'~-8)1 ,tt. , h1> . c, e-t.J 'IF"'S ~~~.. ~n;alD~~l~ I' pi> t '~~'- '1-" YO'> YI'-' ,.,t(,1I" :JA l;,~ /." _~ i,7/J l'.! ,----'.. 0 '" ~~, :d= ,'1...Y ,-vi.," rfDJ IE eEl V E " ". 1ELIlCOP!ER "l1lAINSMrITA,J, l:;QVlll!. SlI&&I J' \. ~ lID. PIPELINE DIVISIO~ (FAX 713/499-6046) . ,., r ,.\ , ';., 'J' ." ..9 .' '. l....", . \ . . P.1/7 'Sb NO. OF PAGES (INCLUDING COVER SHEET): '1 DATE: PLEASE OELIV8f{ TliE FOLLOWING PAGES TO: NAME: : I ,"" I .;;. '~' " '.' . fir / ~... "" , ,'. ", :~.." I ' ../..1 ~...,.;. /".1 . ....:/ ' . " . . , IV...... .V,:.. ~"^- 'J. I 'I .t'r;" ... .' "'/ .," r;: '-. '" (~' , "I ,,I I' - ( '- y 0(. (, I I' " 'oC" FROM: ~. ,./,- " ,'. /I ,. . (, /. .', 1',.- ") . .: ...I -:' ~ ~,:t."!'1.t ,.'.t' ,/,,1 / 1.1 ,'.'. ......,.. 'i,\4\i 'tI_~ .&... \.,. ..11., ~ l .....; PLEASE CALL CLA-RA WYATT A'r 713/499.6076 IF TRANSMISS10'N IS NOT COMPLETE AIR L1QUIDE AMERICA CORPORATION · 2700 Poet Oak BlVd.. Houa\on. TX nose . Mailing Address: P.O. Box 480229, Houston,rX 77056-8229 Phone: 713Aia4-8000 .. i ' JAN 12 '00 12:40PM ALAC PIPELINE CONSTRUCTION a AIR LlQUIDE r P.2/? e 12 January 2000 Robert T. HeJTera City Manager City of LaPorte 604 W. Fainnont Patkway LaPorte. TX 77S72 VIA F~ TO: 181~71-7168 - Ii'AGES: 6 Rc: Air Liquide's Proposed 4" Nitroge.n Pipeline Along Bay Area Blvd Dear Mr. HCI'fCJ'a: Air Liquide America Corporation proposes constnletiOD ofa 4" pipeline to provide pseolls nitrogen service to Chusei USA, Inc. Attached find a map pC>rUon and Harris County appraisal maps depictina Ait' Liquide's proposed route along Bay Area Boulevard. The proposed route would: a) commence at Rohm "Haas, b) cross HL&P's 120" wide fee strip. c) cross City of LaPorte's 80.9720 acre tract, c:) cross FMC's 44 acre tract, CI) tcnninate on Chusci's 17.244 acre tract. Specifically, Air Liquide requests from City of LaPorte: a) permit to install a pipeline within the city limits of City ofLaPorfe. and b) 10' wide easement, paraUel to Bay Area Boulvard and acljacent to HL&P's 10' wide utility easement, to inst3l1 a 4" nitrogen pipeline acrosoS City of LaPorte.! 80.9120 acre tract, Prior to submitting this fonnal request, Grady Miller, Air Licluide's project manager. and I, met with Doug Kneupper, City Engineer. on 11 January 2000; Steve Gillett, Director of Public Works, provided permission to survey via letter dated 30 No'vember 1999. Please review and advise. Should you require addition infonnation. call me .t 713-499-6081 or fax 713.803-7146. Sincel'cly, !JJ}- Melvyn W. Douglass Manager, Right of Way " Permits Mclvyn,douelass@a.irliauide,com AIR LIQUIDE AMERICA CORPORATfON - 2700 Poet Oak Blvd.. Houston, TX 771)56 Mailing Addreea: P,O, Bol( 480229. Hc)uston, TX 77056-8229 Phone: 713Aa24-8000 JAN 12 'BB 12:41PM ALAC PIPELINE CONSTRUCTION .1 ~ ~ll. ._~_... ~ ... iI Wl-l II' ~ \ . ~LaPoI1llMuDi WO - ~ ~--... ~ .",.cORN ~ , ~~"!.~ 00 FlEJI pKvllIOD t:1 R\'_7 r....~m '" L.. J!C\ ~ i ;of . ~ ~ I. .-. USA ~ij '.. j i'i .JLl1~1 Iz\~ i "~ NC ! "~t.- I i 1\- . -11 ~, Ii --'l ~~ ~.; i-=~ l ~~ , III .. III " . .nR ) ~;~ B;.- ... ;;:r " ~ III ~ I t. -, J .I 'I l.J ~ ;ue I lii\~ ~~ 1- ~ ~ NCOIlll_ ....... .' ~~ Pna~ :- ~;;;;r;-.... L~ ~~ 'C, ( M.-JV 1~~,.6 I ~ 1& 'U r" ~ ,"'SMAb \ sc: ..~IlL. ~ ,""" ,,"-_ ......A_... II:~ i) !r~ ,. .~. - '!f' \. i 11141 . !~ !? ~. i.i "....., . JF: _i" .\\ P NY I I I !! ~ '" ,~ .~. ..... ~ .. t Cl-lOATIi R A '\c~/7i ~ GIlOR~...... e .J!L;I . I WBAR Ii ; i! " I; I ,~)J: I -' \. ~~~ ~~ ,p" i ~., >(\,,~ ~ ....~~ ~ ~~ ~y~Y\ .. '~7 '" ,-J: ~'(lJ\ . \ or . 11f-; i 'L cJ .\~".., IJ\ 5-1I1--,Ii ~I- .11 !\IoI'(\ ~ ., ~"'f: '. 'QWK ;; lit. ~:::.~~ ~~~]~ L1 .~~".~~. III ftb ..~. ! g F ( 1111 _-::: . I]: !Qf . DA: IWiI II It t', ,.. "".... ......... ~l '.' . . , L.t D Harris z ..... N County .. ISl Appraisal ISl ..... District N ~ ..... "'0 3: D r D I () e~ r H z M () 0 z (I) -i So.t. 1 N _ 200' AI C ItUaUCAnaN DAm () AptIUI. ,... -i H 0 Z H 1 w+. e s FACET 6153D - - - 1 2 3 - - - 5 6 7 "'0 - - - ~ 9 10 11 "- "'\J 7U-4 o 'l!! &67.25IQ 932.415 72.\ III N 3 ~ / I I Ilo (-1M '; u.MS I / I 330 0 / 1 DH16<<1O(JQ1O / 10061 ioOlI04III42 / 10CH11!1oC1OOoO!Ml8 10CH11&~B I 8CU550jC I I I I / If I I / I I / / I / . :l ... ~ ~ -< :> ISl ~ :> o lD -< ~ -< '>- < IJl - ,\ " L.t D Z ..... N .. ~ ..... N :0. N '1J 3 D r D () -~ r H Z fT1 () o z (J) -i AI rs -i H o Z e '1J lJ1 " "'\I I I Harris I 2038.9'liIQ - leGUnty ~ B- elTf 6p LAPORTg 12E Appraisal I~E I HL <k P 1DD6\5~0!l 0 / r. &.3:MlO ~ 212U2IQ District lia ~ ~ / - (/ rl' OF LAPORTE J - ~ - - B le3ulKQ I / / ./ ./' ..... --' -- ..... .- .- .- 10B-1 --' .- .- -- Sa". 1" ... 200' .- .ueuCAnDfll DATe .- .- ........1.,1... ...- ...- N Cl'('~ ~f- r nl)')/l.'lf It w+. 10CHiHi4lJO.04811 8Il8720 AC S I l" & FACET 6153D - - - - f 2 3 4 - - - - 5 6 7 8 - - - 9 fa l' - , 'J '-i ~ ..... N .. (S) (S) ..... N ~ "'0 3: D r D () -~ r H :z I"'l () o :z ~ AI C () -l H ~ e "'0 (J'\ , -...1 Harris County Appraisal District ScIIII. ,.. - 200' 'lI.uCATIGII D.A Ilr oc...... '..' ... H i w+. 5 FACEY 61528 ! ; -; ~ 5 6 7 8 - - - - 9 tf) '11 12 1693 03\0 fMC. ~p 1ClO615-CXJO(lC1Sl Kaooo~ 1513.8& lOB 108-1 lIil .., .. ~ .. . ~ Harris County Appraisal District .....,.. - 200' P...c:A1IlIIIVA'II'J _.t..u.. 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PL h v\ I I ' IrJrLi~c.tCflrJ t,,' ~ l.H.L f ;r.,VH".f,1I1I '~'I\ ITH ,',Lilli ll\L FfdkM:)t.r n,RI<v'I\) I I i I r ,I : r o ....... ~_. --.b_~,,,,",,,.qy."No'J<a\I."''''''''a: ~_ '".,',._........::.l..,...~.!Iltr.1lr:i1:','_""".'.......-..'___o.""',......... HARRIS COUNTY) TEXAS . RICHARD PEARSALL 1/3 LEAGUE ABSTRACT NO. 625 '.,- --, n - --------- ------.-.......,------ )( --.~..__.---- \ ---, J...-.---,-,---,--- )i;------'- ------,- \ c: tlAI",lll',~ ffl,Ct --- .,. I. ! c- ,J ~-- -",",;;F --.. ^:~'l-~-------- ,,_~_ \ r----~'-:- 1----- -.\ e 1 1 : . I L j' ' .." tl L\:l '''.'"'''''''''' ;':~ 1~. '-I CHi 1 ! .~-t-.l._--- ------- --or--- - r L-,_ f' lI: I I " ,,1 I".'l t o I i J \: ~ ,\>f'ti,\U ff\..,:KHJ\3 \. ",\ T E ~" ,r-TOlIGhT \ POd \ 0 LtGt,1 / , .-)\ )1 .. ,~ :~/r' -_.._---,------~--_._-----,.------- -,--- ~ ,l., V 'X i ; i... -j' ()' ----. ~._" ... if. Uf,IVF .:.c I -92 I' -.... -- c~=._--~ - .. ~--------1~;-;-= - ----. J L_~i':;~ cO~..e It. L t r o AIR SFP/.Rr;TIO~', Ff~CIUTlE s .... In r,1E TllL liUILDI~JC 1:,( I I I I I i It'~1 T ...__ __J [-----~.- --- I-J' --1----, ,,-,---.---- r---':J CJ 0 G ",,5 [I [J '-______ ~h~~____ ( , 0- E.LU------ ..I, il II,U T I tJ I e ~ [~=1 .'~ -- ~'---- .--.- - -,',._-- r \.' t-- [] 8.7 '::J ~ I........ J r , i-- I J' " r- - ---'-,-: ~~------ 1 I. I I L ,_ _ _._~~:..~~____ I ~ I _____________L .) --------' / Ml ).,l bu I, l;II.(, ,8 :'I cor,,( l~ f, \, E CONe liJ ----' --.---...- -----",'~-- - . ,/ OllGt11 ,""E ( I ._-~._--. --- - - o -- - ---.--------- 0-------- '....,- r------- l,,-,HT ') f'c}lt C _'~~C -t__ ____ ___ rl()C~ 1-' .J l~iJ'IIIitJ'. r'l, COVEf-<ED [Jl] ~~ f-;~CIUT:,E-S B.! ( It.C · - Lr='--::'6":'~ ~I'~ (':')Ollr~G Te,.... (II ,~ 57 _, 1.:. I G1---'- ...., LI \ H',t.t': PI t, t CJ f"~H.I-- -) ~J)I, ,'J! ~!. I J IT Sl.\b ,L > I ." I,; , . l) .__=--=__ -J :; , w > cr o -, .v ) LIGhT U POl E 2 o 0 U DRIVE [I D (: )~~( -,lllf'EkS . ,- ----- -,. I ,- - --,'---------- - - --- \1.1,' ,,-'I.. 'I.,., - -P - 1 . L _ ,10 t_i ,l .. f?J', f ^?L Mt_NT ~-...__;= = -:;.;;~'~::;,;;,-.. ,;;,;:~~.. ';';'';';J''.:~.",~':'"''':u:.i..'~'":~tM;i-~~. ~~:~:.~ .~c:.~z.r~~'Br~ l' .... '1'~.;;;;,:.,an;;>t,,;L";,J-.::a..;..~.~~~~~~&I;~'J..a-all"'"" "ECI'"..:a'J;i,nl~ ,a:.,. .;Pii'l~.~..~,_~~'1lt.8U. :1t ,--.. 4'<.-..\......:..a!lJ~~.~:t: ;2:;::n- %.~~.,. -~ ~~-_... EXXON PIPELINE CORRIDOR ".....~.......J....M ~~UD.i:_iel.It' '~'i.lL...;:A:';~~ol~f1'<."'.t'<!i'If.:'~~~~~&i.WfAoJ'~~~~~~~~....,~~~~ HE v, DAlE S 000 461 11" E ...--- o .IG\1T f'Clt. 20; l c, "" \V-J L._l {'F; (.,:1 _ j () r, - 1- :') III I iO j ,~ D U r J u - f L r ~ I .r \ Q I) U .<~ ' .."........_._)tJilrj..;..,.~~~...-.~~~..,.t...;,U~...~~......~...S-"'.......""'"',..........~'>.IIIu:okl;~~.~~...~....~........,.~~~_~~oUll":iO~.I1Ih~~,_,~,..~IC.l~_. fr_,:IilIIf.Cia.:'ll\_~...~a:,"oi4f.,~_.'tIlI!I:,",_~,_,,,.P.ll:tc~"._""~~,,, "I_'.j.1WiF~A'''''''.fNH\fi~I'lWIH.''''__<<at...~~.uw,....~..,_.<ti~~..~~.__. r 168-1. -, 5 'El:'-r~!I~- -- - l I r -., -- -,.,----.----,1------- / // fOWL h H Lap '_! V f '~h t ,:.[, f \ ,'I, L ~ l lr. f EASEMENT '\ , rr - ::..,~-;;:.;,;:.;;,.~ '--;"'~-.b~i. uPtt\i LHCH ':~ " S LJ t ~ ' J fi\ Tim, -~1 22.95l ACRES I 1- L. ',Ill l l lx\ )ill I ,_".It . - ' ...~_{_,...,,_ _ _.......~__ _ _u _ _~_... .__ _~__ .__._.-- ~._. -~.- ~........'.-~;;,H,;Iol::ti'W".,:II.,' N 000 461 1111 W 1682. r3 .,~ .. REV. DATE I ,\ G 11520 " c,... 1 t L:,"'A.t.N Ij'( .........'.e:;:""""'A;'......~_.,.. a.l'~_~ j,''''''' DATE REV. '.J:~_~j....j;.ll;i,i \:~aJe."If.iili;i~ "..&lA: '-W~,64~\t'~~~.......~"..~~ ~ iff' ~ ..~Q'~....~~~.,..*''I'~. ~~ t .A::~_ ~~~.. ~^"hrl\r. ~~~_A...j...~ ~Jj.l '*df'~Mlft....til!I:lf.~WtiAC~~..~,......i&_~~"".~~,~....~~~.~:_~,,~..b......AAf,Q\l~..~llW',~Ul~lolilWI:.;;~:. ..:.~~~'...~\...n1it~......~....~~...~.,..:'r1"..~,"'""'-~jWtt'~...;~!JI.u'.f;~-"'_.,__.-..'~.~~r~~.:~~~1JIt... HOUSTON, TeXAS .~...._;ol--~..,.,.......&.1WI>..~..S...aLJa4;.~>t1l~i,~,~.:;Wl;.....IWl~f..olI!;j ~lli. f~. ~!'1'...-tl;,~.dit~,'a.Jw::u~!WI~,..~..:wu~.~ 12-9--B8 .lGU NO. CHECKED I:IY A"P'Pj), fd-'. -, --. .- . tr--_. ~~~J_ .. I I ~I ..J ~ 1 /' l) .J.J ....J lJ.j ... ~ ..-,......_- ~.. - ~--1f. T" 8,!'--1~ ,-&-..- . 1"- r ~ i _._.----.....---'~.~.""-~~---"---- STfEL TOWt.,R ------- .-.--....._._------~-------- ---~--------- - - - --~-- t.\llh(,r~r/it Nll\l {.~ Y l r t M (" .... BIG THIIEE INDUSTRIES, INC, 32' X 44' SHELL PIPEliNE METERING STATION ~I ~ ,~,rJ --r ~~ _~~~_c_. ___ i ~:_:'~GH III ti~_'_h' ____ \ _____. _ __ '"_...,,, ..._al.._,._......_,-'-"lL""lUI.>.~'~.,_...-'_koM~. t FNI) ')/8" IRO~, f~l)!J (/) W Z ..J u.J CL a: J: VI ~l 0, z u.J (l. o ('t SET 5/8" IRON ROD EJ S TEE L TOWER o 00 r() m LO ~ lo - \0 (\J o S5 (/) ~ q a:: w o - 3= - o N d <.) a..: cO . -l . J: FNo. COPPERWElD I Hereby Certify That The Above Shown Survey Was Surveyed Under My Supervision in The Month of November December. 1988. And This Plat is A True Compilation of What Was Located On The Ground To The Best Of My Knowledge. Signed. this 12 th Day of December. 1988 ~ e:!, c/~ T~Y L. OUELLETTE Registered Public Surveyor No. 4589 HYDfOGEN AND AIR SEPARATION PLANTS PROPERTY SURVEY- 22.957 ACRES LAPORTE. TEXAS SCAL.E,I' I : 60 PffG, NO. ,~ p-r:T - ~ ~ ""~~~ OF r j;" \"..o......~, ,i-. - '" .' ~ · · .""-<'1 /I ':?. "'.;;'17 ..'<.fl '~~'''''~~':. p~, e.. ~'oY .,,~.......... ...~ ~ TERRY L. OUELLETTE · · r \i. · ..- · · . · . i'~. ~ · · · · · .. . . · . --<J.' 4089 .. ^"" .,.<> ^ . ""- c,'.:~"", ~.:'~. 0 , <'.t/,.y/~.~~~.~4. ',Ie su'f\~ REV,NO. 157- DM-IOOa