HomeMy WebLinkAbout2007-IDA-10 Oakwood Capital, LPORDINANCE NO. 2007-IDA-10
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH OAKWOOD CAPITAL, LP, A TEXAS LIMITED
PARTNERSHIP FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING
DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEROF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE-
Section 1. Oakwood Capital, LP, a Texas Limited Partnership has executed an
industrial district agreement with the City of La Porte, for the term commencing January 1,
2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City
attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute
and deliver on behalf of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the city for the time required by
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its passage and approval, and it is
so ordered.
1
PASSED and APPROVED, this 3"J day of December, 2007.
CIT OF LA PORTE
Alton Porter, Mayor
ATTEST:
A
a ha Gillett, City �Secre�tary
d
i
APPROVED:
E
f
Knox Askins, City Attorney
INDUSTRUM DISTRICT AGRESMENT
This AGitEBMMgT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Oakwood Capital, LP
J. a Texas limited partners 1p, hereinafter
called "COMPANY",
WITNRSS.ETH:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing .industries therein, and such policy is hereby reaffirmed
and adopted by this City Council as being in the best interest of
the City and its citizens; and
WHEREM, 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 go. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances - being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the corner of land within a designated
Industrial District of the City of La Porte, :said land being
legally described on the attached Exhibit ".A" (hereinafter
"Land"): and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also shoring areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said. City:
FIN" DRAFT: November 1, 2007
I
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
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City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed
pursuant to the terms of this Agreement. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of
land, (b) prescribing any building, electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached hereto as Exhibit "C" and made a part
hereof; and provided, however, it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
IT.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of computing the "in lieu"
2
payments hereunder. Therefore, the parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
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.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property"); provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of
computing "in lieu of taxes° hereunder.
B. On or before the later of December 31, 2008, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to City an amount of "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value
Year
2008:
62%
Value
Year
2009:
62%
Value
Year
2010:
62%
Value
Year
2011:
62%
Value
Year
2012:
62%
Value
Year
2013:
62%
Value
Year
2014:
63%
Value
Year
2015:
6316
Value
Year
2016:
63%
Value
Year
2017:
63%-
Value
Year
2018:
63%
Value
Year
2019:
63%
Company agrees to pay to City an amount of "in lieu of
taxes" on Company's land, improvements and tangible
personal property in the unannexed area equal to the sum
of:
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1. Percentage Amount 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, 2008,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2007, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation),
for each Value Year-s following completion of
construction in progress, an amount equal to
Twenty-five percent (25%), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (20%) , if construction is completed
in Value years 2014 through 2019, 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.
In the case of new construction which is completed
in Value Year 2016 or later, and provided,
further, that City and Company enter into an
Industrial District Agreement after the expiration
of this Industrial District Agreement, then, and
in such events, such new construction shall be
entitled to additional Value Years under the new
Agreement at a Twenty percent (20%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2022.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2007; or
ii. a cumulative value of at least $3,500,000.00.
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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, 2007,
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, 2007, value; and
3. Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company' s
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted 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,
2008, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property to which subparagraph 2,
above applies), had been within the corporate limits of
City and appraised each year by the City's independent
appraiser, in accordance with the applicable provisions
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property
shall be exempt for purposes of this Agreement, unless
the City Council of the City of La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
A
5. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and public works emergency services. If
Company is not a member of Channel Industries Mutual
Aid Association (CIMA), Company agrees to reimburse
City for its costs arising out of ~any emergency
response requested by Company to Company's property,
and to which City agrees to respond. If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2008, and continuing thereafter until December 31,
2019, 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
this Agreement is not so extended for an additional period or
periods of time on or before August 31, 2019, the agreement of
City not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of
the State of Texas which imposes greater restrictions on the right
of City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
6
Company shall have the right to take all legal steps desired by it
to reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI(B), Company agrees to pay to City on or
before the date therefor hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, 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) calendar days of receiving City's invoice, give
written notice to the City of such disagreement. In the event
Company does not give such written notice of disagreement within
such time period, the appraisal made by said independent appraiser
shall be final and controlling for purposes of the determination
of "in lieu of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement
setting forth what Company believes to be the market value of
Company's hereinabove described property. Both parties agree to
thereupon enter into good faith negotiations in an attempt to
reach an agreement as to the market value of Company's property
for "in lieu" purposes hereunder. If, after the expiration of
thirty (30) days from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
7
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
8
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 agreement.
99
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event any one or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: Oakwood Capital, LP
(COMPANY)
Attention: Department
2780 Skypark Drive, Suite 460
Torrance, CA 90505
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
0
Plant Manager
Mr. Bob Klassen
Name: Sunbelt Commercial Builders,
Address:11650 Jones Road, Suite H
Houston, Tx 77070
Phone: 890-4781
Fax: 81 8 -7 16
Email: suncombld@ao .com
Tax Agent/Billing Contact
Tyr. Harvey English
Name: Commercial Tax Network
Address: Jones Roa , Suite 204
Houston, TX 77077
Phone: 281) 897-1119
Fax: (281) 897-0004
Email: h.englishCcommercialtax.com
Inc.
ENTERED INTO effective the 1st day of January, 2008.
Oakwoo al, LP, a California
1' ed partn rship
Capital Inc , c poration
as creRera r+nnrt
ATTEST:
Lem
City ecre ary
APPROVED: �s %
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
NamL-"'- Don L . Tuf f
Title: President
Address:2780 Skypark Drive, S ite 460
Torrance CA 90505
Ni OF LA P
BY
By:
Alton E. Porter
Mayor
'Assistf t City Manager
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
CetIi f or�n� q
STATE OF -`P-Ys*9 §
COUNTY OF � §
�h
This instrument was acknowledged before me on the 14 day of
noyember 2007 , by ,
of corporation, a corporation,
on behalf of said entity.
Notary Public, State of eCadtforii c(
I1E�EApSE M. BELMONTE
W 1
�i�►PtIBiIC.CALiiORIJtA
Los LES COUNry
�YL`6fRITi. ERp. AL¢p6f 17, 2Df 1 r
STATE OF TEXAS §
COUNTY OF HARRIS §
This instrument was acknowledged before me on the �� day of
G=Rg., , 2004, by Alton E. Porter, Mayor of the City of La
Po te, a municipal corporation, on behalf of said entity.
Notary Public, State of Texas
011,
zqRY P�6l.Gl�,
co: �'
v'J! .a
y OF 1 17
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
CHARTER TITLE COMPANY
j' C F
SPECLA.L WARRANTY DEED Closer: _..
535-24--3959
THE STATE OF TEXAS § 1011Y00 POUNM LW353 619.4t1
COUNTY OF 111lARRIS
KNOW ALL MEN BY T1ilaESE PRESENTS:
§
That BAYPORT NORTH INDUSTRIAL PARK, L.P., a Texas limited partnership (the
"Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by
Grantor, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does
GRANT, BARGAIN, SELL and CONVEY unto OAKWWOD CAPITAL, L.P., a Texas limited % r
partnership (the "Grantee"), all those certain tracts or parcels of land described below together
with all and singular the rights and appurtenances pertairling to such real estate, including any
right, title and interest of Grantor in and to the adjacent streets, alleys or rights -of -way, together
with any improvements, fixtures, and personal property situated thereon and attached thereto (the
"Property"), the Property being located in the State of Texas, County of Harris, more particularly
described in Exhibit "A" attached hereto and incorporated herein for all purposes.
This conveyance is made by Grantor and accepted by Grantee expressly subject to all
exceptions to title and encumbrances (the "Permitted Encumbrances") identified on Exhibit "B"
attached hereto and incorporated herein for all purposes.
[� TO HAVE AND TO HOLD the Property, subject to the Permitted Encumbrances,
together with all and singular the rights and appurtenances thereto in anywise belonging unto the
said Grantee, its successors mid assigns forever, and Grantor does by these presents bind itself,
its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the
Property unto Grantee, its successors and assigns, subject to the Permitted Encumbrances,
against every person whemsoever lawfully claiming or to claim the same or any pant thereof, by,
through or under Grantor but not otherwise.
EXECUTED this —'--day of October, 2000.
BAYPORT NORTH INDUSTRIAL PARK, L.P. �
C .
By: FAIRMONT" UNDCRWQ017, INC.,
Its r-artn
l�`, ° Don L. Tuflli, Its Presiden
.= 4 su,
U__rlks—
r�
Oraancce's Address: 535-24-- 3951
Bayport North Industrial Park, €,.P.
2 780 Skypark Drive, Suite 460
Torrance, California 90505-5350
Attar: Dorn L. TulTli
THE STATE OF §
COUNTY OF §
This instrtament was acknowledged before me on ` � � , 2000, by Doan
L. Tuffli, President of FAIRMONT I.TNDERWOOD, INC., a Texas corporation, as General
Partner of BAYPORT NORTH INDUSTRI L.P., a Texas limited nership.
RAEON� M PRINCE, a
Cornmiss�oi'S
Notary Public- CaFforn%z
Los AnVel, zi
escavrdy' N TARY PUBLIC, STATE OF
L�� . P ny CoMM. F'Va Nk� m
My Commission expires: �
[SEAL] fG
AFTER. RECORDING, RETURN TO:
Bayport North Industrial Park, L.P.
2780 5kypark Drive, Suite 460
Torrance, California 90505-5350
Attn: Don L. Tuffli
(PAGE )
FILUNAMC tip)
EXHIBIT ..A., 535-214- J952
All that: certain 8.5811 acres of land being out of Restricted
Reserve "C", Bayport North Industrial Park according to the plat
thereof filed at Film Code No. 437010, Harris County Map
Records, also being out of that certain called 110.5334 acre
tract of land described in a deed dated 11-08-1999 from Don L.
Tuffli, Trustee to Bayport North Industrial Park, L.P. filed for
record in the Official Public Records of Real Property of Harris
County, Texas, at Clerk's File No. U-074535, Film Code No.
529-10-2591 being more particularly described by metes and
bounds as fol1C]wR!
BEGINNING at a set 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 Century Road (60' wide), and
being the southerly northwest corner of said Reserve "C";
THENCE N 250 17' 40" E - 29.23' with the said cut back line, to
a set 5/8" iron rod with cap for corner;
THENCE N 680 28' 1311 E - 147,45' with the said south
right-of-way line to a set 5/8" iron rod with cap being the
beginning of a curve to the right having a central angle of 180
24' 37" 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 set "x" in
concrete marking the point of Tangency;
THENCE N 890 52' 50" E - 270,341, with said south right-of-way
to a set 5/8" iron rod with cap for corner;
THENCE S 010 50, 01" E - 700.00', with the west line of a
certain 10.0000 acre tract described in a deed dated 02-03-2000
from Bayport North Industrial Park, L.P. to Terranova Forest
Products, filed in the official Public Records of Real Property
of Harris County, Texae at U-208180, Film Code No. 530-49-3800
to a set 5/8" Aron rod with cap for corner;
THENCE in a westerly direction S Sea 03, 59" w - 540.46' to a
set 5/8" iron rod with cap for corner;
THENCE with the aforementioned east right-of-way line of New
West Drive N 030 06' 23" W — 444.46' to a set 5/9" iron rod with
cap being the beginning of a curve to the left having a central
angle of 130 47' 52" and a radius of 620.00';
Continued on next page
-1-
THENCE continuing in an northerly direction with Said east
JyDJ
right--of-way line an arc distance of 149.31, to the POINT OF
FEGINNING and r:oritaining 8.5811 acres (373, 792 Square feet) of
land, more or less-
-2-
EXHIBfr "B"
PERMITTED EXCEPTIONS
1. Restrictions recorded under Film Code No(s). 437o10 of the Map Records of Harris County,
Texas an recorded in Volume 5920, Page 165, amended in Volume 6470, page 238 of the
DeedReeords of Harris County, Texas and further amended filed for record under County
Clerk's File No(s). D876057. H111543 and U138141 of the Official Public Records of Real
Property of Harris County, 'texas.
2. A water line easement 10 feet in width located along the West property tine and 5 feet south of
and adjoining the hereafter mentioned 5 foot wide storm sewer easement located along tho
North property line, as shown on plat thereof filed for record under Film Code No(s). 437010 of
the Map Records of Harris County, Texas.
3. A storm sewer easement 6 feet in width located along the North property line, as shown on plat
thereof riled for record under Film Code No(s). 43701 0 of the Map Records of Harris County.
Texas.
All oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection
with same are excepted herefrom as set forth in instrument recorded in Volume +1915,
Page 272 of the Heed Records of Harris County, Texas retained by Humble Oil & Refining Co.
waiver surface rights executed by Exxon Corporation, successor in interest to Humble Oil &
Refining Company Filed for record under County Cleric's File No(s). H118794 of the Official Public
Records of Real Property of Barris County, Texas. Title to said interest not checked subsequent
to date of aforesaid instrument.
5. All oil, gas and other minerals, the royalties, bonuses, rentals and all other rights in connection
with same are excepted herefrom as set forth in instrument filed for record under County Clerk's
File No(s). H111543 of the Official Public Records of Real Property of Harris County, Texas
retained by rdendswood Development Company. Waiver of surface rights contained therein. Title
to said interest not checked subsequent to date of aforesaid instrument.
6. Environmental Standards for the industrial area known as 'Bayport", Harris County, Texas,
recorded in Volume 5920, Page 165 of the Deed Records of Hams County, Texas; as amended
by instrument dated June 15, 1971 recorded in Volume 8470, Page 238 of the Deed Records of
Harris County, Texas; and as further amended by instrument dated May 15, 1973 filed for record
under County Clerk's File No(s). D876057 of the Official Public Records of Real Property of
Harris County, Texas.
7. A covenant and agreement not to drill or operate or cause the drilling or operation of any water
well on the subject property, unless as otherwise provided therein, as Set forth In instrument
riled for record under County Clerk's File No(s). H111543 of the Official Public Records of Real
PfOperty of Harris County, Texas.
8. Terms, conditions, provisions and obligations of grantee therein. to perform certain covenants as
set forth in instrument filed for record under County Clerk's File No(s). H111643 of thip Official
Public Records of Real Property of Harris County, Texas.
9. Terms, conditions and stipulations of any and all unrecorded Lease Agreements, amendments
and supplements thereto, existing with the tenants in possession, whether written or oral.
Page 1 of 2
533-24_d3955
10. 50 feet building set -back line along the north and west property lines, and 25 feet wide building
set -back Ilne adjoining other plant sides, as Set forth in instrument recorded in Volume 5920,
Page 165 of the Deed Records of Harris County, Texas,
11. Annual Maintenance Charge and Special Assessments payable to Bayport Industrial Association
as set forth in instrument recorded in Volume 5920, Page 166 of the Dead Records of Harris
County, Texas and additionally secured by a Vendors lien as set forth therein. This lien has been
subordinated to arty lien or mortgage on the property on the date of the deed on existing on
the property.
12. Building set back Tina of 54 feet along the New Century Drive and New West Drive and 25 feet
along any side or rear property line, asset out in instrument filed for record under County Clerk's
Fite No(s). U138141 of the Official Public Records of Real Property of Harris County, Texas.
13. Annual Maintenance Charge and Special Assessments payable to Bayport North Industrial Park
Owners Association as set forth in instrument filed for record under County Clerk's File NO(s).
U136141 of the Official Public Records of Real Property of Harris County, Texas and additionally
secured by a Vendors lien as set forth therein. This lien has been subordinated therein to all valid
liens for purchase money and construction of improvements.
14, Provision for lien in favor of the Developer, the Architectural control committee or the Bayport
North Industrial Park Owners Association as set forth in instrument filed for record under County
Clerk's File Nu(s) U138141 of the Official Public Records of Real Property of Harris County.
Texas.
15. Outstanding taxes and assessments for Harris County, City of LaPorte and Clear Lake City Water
District tax account number 043-148-000-341, which has not been certified for 1999.
16. The following matters disclosed by Preliminary survey dated duly 20. 2000, made by I .M. Mathis,
Registered Professional Land Surveyor, No. 451 i;
a. Gravel road running over and across the Southwest corner of subject property, together with
rights of the public and adjoining landowners In and to the use of same.
Aly rmtm R[Arw I Pax IFURY 1s Ter SLO Ar[1 k OR Oft Or Ixt rfs{pLCD A61i
PTAHNRrr"A{1xli1fgSPAT@pF T"rJfA"FXI6ITIM"aP'[Ir$ rip{IrNf11ertAff6I14U4,
THE
cou+m Of ►iARRr9
Ike abn lsff4G11RiCbRr ppef141*}i"Into M#4nip AM11#0is,
{hMrTMo�W b r1EYr/JpA1[ug NAufrM��dpr�
OCT f 7 20(10
14*`1'
CnUHIY Cl.6FIK
H&nAl6 CWWN7Y TEXAS
Page 2 of 2 Ott:✓ IDERS MEmmi NDUM
AT THE TIME of F,(W CATgry. Told
r"TRVb1[Nr WAS FUUHO TO AE WAD(OUATA
Fop TN[ 9EST N117O '1AFI C REPAODUC►IM
fr£CAUK orkkra1glrnr. CPMTQ cm. AFI�oH OR
TOTAL P.13
"EXHIBIT Bu
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and
regulations pertaining to new signage, screening, driveways and
median crossovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
♦ One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
♦ Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
♦ One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights -of -way.
♦ Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
♦ Freestanding identification signs shall not exceed 45
feet in height.
♦ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100, strip is developed, the
initial 50, of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
"EXHIBIT C°
Page 2 of 3
b) The use of earthen berms with approximately 3:1 side
slopes, 50, wide at the base and 8' high. The berms
may be landscaped with a combination of trees, shrubs,
and ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, create a continuous visual screen.
Provided, however, in public utility easements or
rights -of -way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items b and c above, the actual length of required
screening along the roadway will be equal to the length of
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (101) wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (501) landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
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 rules and regulations of
Harris County and provisions of the City's Code of
Ordinances, whichever is more restrictive.
15
DEXHIBIT CR
Page 3 of 3
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
16
Page I of 2
Subj: RE: Need for plats for Tuffli ownerships
Date: 5/14/2008 2:09:26 PM Central Daylight Time
From: cbr@tuffli.com
To: Sun.CoCa�lamBld@aol,_com
CC: pow ellkportetx.gov
BNIP 1
1. Ordinance No. 2007-IDA-101 Oakwood Capital, LP, a Texas limited partnership 1 IL120-728-000-
10101E'
Unitor, 9400 New Century Drive, Pasadena, TX 77507 (Reserve C-2 18.5811 Acres / 373,792
SF) 10/13/00 Purchase
2. Ordinance No. 2007-IDA-11 / Don & Martha Tuffli Family Trust, a California trust/ I1-120-728-000-
Calpine, 4100 Underwood Road, Pasadena, TX 77507 (Reserve A-1 / 5.1853 Acres 1225,870
SF) 3/19/01 Purchase
3. Ordinance No. 2007-IDA-121 DTMT One, LLC, a Texas limited liability company 1 IL120-728-000-
0011
Brand, 4700 New West Drive, Pasadena, TX 77507 (Reserve B-1 1 8.7018 Acres / 379,051 SF)
12/17/01 Purchase '
4. Ordinance No. 2007-IDA-13 / Tuffli Company, Inc., a California corporation 1 IL120-728-000-0020
Vacant Land, 9711 New Century Drive, Pasadena, TX 77507 (Reserve A-3 / 3.3451 Acres 1
145,714 SF) 9/2103 Purchase
5. Ordinance No. 2007-IDA-14 / Three Sisters Trust, a California trust / IL120-728-000-0022
Vacant Land, New Century Drive, Pasadena, TX 77507 (Reserve A-4 / 7.1526 Acres / 311,566
SF) 8/9/05 Purchase
6. Ordinance No. 2007-IDA-15 / DTMT Two, LLC, a Texas limited liability company/ IL120-728-000-
0025
9560 & 9602 New Decade Drive, Pasadena, TX 77507 (Reserve E-1 1 9.4086 Acres 1409,839
SF) 2/27/07 Purchase
BNIP 2
7. Ordinance No. 2007-IDA-161 Tuffli Company, Inc., a California Corporation
(Tract 1 = 347.2 acres or 15,125,546 SF 1 Tract 2 = 16.96 acres or 738,918 SF)
8. Ordinance No. 2007-IDA-17 / North Bayport Industrial Park II, Ltd., a Texas limited partnership
(187.6711 acres or 8,174,954 SF)
9. Ordinance No. 2007-IDA-73 / North Bayport Pasadena IP, Ltd., a Texas Limited Partnership
(5.2148 acres or 227,159 SF)
:..
I think we have a Land Title Survey for Items 1-6. I'm not sure about 7 & 8; although, I have a Plat of Survey
dated 9/24/97 and Land Title & Partial Topographic Survey dated 1014101 for Item 7. Item 9 is fine.
Regards,
Craig B. Reynolds, CPM, RPA, CCIM
Tuffli Company, Inc.
2780 Skypark Drive, Suite 460
Torrance, California 90505
(310) 326-4747 Telephone
(310) 326-5113 Facsimile
cbr@tuffli.com
Thursday, May 29, 2008 America Online: SunComBld
Page 2 of 2
From: SunComBld@aol.com [mailto:SunComBld@aol.com]
Sent; Wednesday, May 14, 2008 10:15 AM
To: cbr@tuffli.com; owellK@laportetx.gov
Subject: Need for plats for Tuffli ownerships
Craig:
Please give me a brief description/location/tenant name for each of listed ownerships in Kathy's email. I can't
seem to keep track of who owns what. I most likely have full size plats in our office that I can copy and get to
Kathy.
Kathy:
get to La Porte about 3-4 times per week so will deliver plats to your office.
Regards,
Dob Qa55en, N5,
Sunbelt Commercial Builders, Inc.
11650-H Jones Road
Houston, Texas 77070
713-703-6109(C)
281-890-4781 (0)
281-890-7116 (F)
Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food.
Thursday, May 29, 2008 America Online: SunCom.Bld
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24.0 ACRES
(1,046,777 S.F.)
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(FULL DIRT,
RESTRICTED
RESERVE "A"
(RESTRICTED TO
INDUSTRIAL USE)
25.5 ACRES
TO: DON TUFFLI, TRUSTEE
BAYPORT NORTH INDUSTRIAL PARK, L.P.
CHARTER TITLE COMPANY
(1,108,965 S.F.)
'H2' INLET ...N: M. MATHIS
TC -20.51 • 4
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FL"-14,13 FL24"S-1374 - - __ - - - - -. - - - -- - --
W L73-
(F.G./07000) - _ - - - - - -. - - - - - _- - --y=_07-20-2000 PRELIMINARY SURVEY 4517
DATE N. M. MATHIS R.P.L.S. NO,
NEW
(60' R/�W)
CENTURY DRIVE
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L:151.02
8.5811 ACRES
(373, 792 S.F.)
(VACANT)
S88.03'59"W-540.46
BENCHMARK
CITY OF LA PORTE
MONUMENT I.D. LPSM 99
ALUMINUM CAP WITH PUNCH MARK
EL.: 22.506 ('70 ADJUSTMENT)
T.B.M.f
CHISILED BOLT ON SOUTHWEST CORNER OF
TRAFFIC SIGNAL POLE BASE LOCATED AT
NORTHEAST CORNER OF SUBJECT PROPERTY
EL. 24.93
RESIDUE OF 110+5334 ACRES
DON L. TUFFU, TRUSTEE
TO
BAYPORT NORTH INDUSTRIAL PARK. L.P.
U-074535 529-10-2591
11-08-1999
P.B.M.j4
CHNSRLED SQUARE 'Er ON TOP OF "H2" INLET
(1-15) LOCATED AT NQRTHSIDE NEW CENTURY
OR►VF' 0 W..W WEST DR1VE
EL. 18.16
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FL21•H-13.26 \ FL24•S-13.59 FL12"SE-N.85
F146"E-13.56-
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F124"SE-13.66 �-
M S & BOUNDS DESCRIPTION
1,5811 ACRES 1NG 4 of
NIGOrRETD}i R EURSVTER C
�� HARRIS COUN TEXAS IAL PARK
All that certain 8.5811 acres of land being out of Restricted Reserve "C" Bayport North
Industrial Park according to the Plot therebf filed at Film Code No. 437010, Harris County
Map Records, also bei out of that certain called 110.5334 ocre tract of land described
in a deed dated 11-1� 1999 from Don L. Tuffli, Trustee tg Bay rt North Industrial Park,
L.P. filed for record in the Offici I Public Records of Real Pro of Harris Countyy,
Texas, at Clerics File No. U-074535, Film Code No. 529- 10- 59 being more porticulariy
described by metes and bounds as follows:
BEGINNING qt g set 5/8" iron rod with cap located in the east right-of-way lino of New
West Drive (60 wide) at its intersection with t a pouth end of a 20 cut bdck line for the
J south right-of-way rime of New C,ntury Road �60 wide), and being the southerly
northwest comer of sold Reserve C ;
W THENCE N 25' 17' 40' E - 29.23' with the said cut back line, to a set 5/8" iron rod
a with cop for corner;
N g a, THENCE N 68' 28' 13' E - 147.45' with the said south right-of-way line to a set 5/8'
W - a. ♦ Irop rid with cap being the beginning of a curve to the right having a central angle of 18'
N I 24 37' and a radius of 470.Ot7 ;
in N
O o O
O Win I THENCE yntinuing in "ap easterly direction with said south right-of-way line an arc distance
O Z , a of 151.02' to a set x In concrete marking the Point of Tangency;
O ti°' o � a0 $ o THENCE N 88' 52' 50" E - 270.34', with said south right-of-way to o set 5/8" iron rod
with cap for corner; -
I <� THENCE S 01' 56' 01" E - 700.00' with the west line of a certain 10.0000 ocre tract de-
W cribed in a deed dated 02-03-20bp from Bayport North Industrial Park LP. to Terranova
sorest Products filed in the Official Pubic Records of Rygi Property of F)orris County, Texas
O at U-208180, him Code No. 530-49-3800 to o set 5 8 iron rod with cap for comer;
n THENCE in a westerly direction S W03' 59' W - 54-0.46' to a set 5/8' iron rod with cop
for corner;
O THENCE w)th the afororl1411tioned east right-of-way line of New West Drive N 03' 08 23" W
N - 444.46 to a set 5/8 iron roc with cop bein the pepinning of a curve to the left
having a central angle of IS 47 52 and a rows of 620.00 ;
THENCE contiuing in on norther) direction with said scat right-of-w v line an arc distance
of 149.31 to the POINT OF BEGINNING and containing 8.5811 acres �373,792 square feet)
of land. more or less.
RESTRICTED
RESERVE "C"
(RESTRICTED TO
INDUSTRIAL USE)
38.1 ACRES
(1,660,484 S.F.)
REFERENCE DRAWINGS
CONSTRUCTION PLANS (MONTGOMERY & ASSOCIATES)
BAYPORT NORTH INDUSTRIAL PARK
PLAN & PROFILE SHEETS 9 & 46 OF 37
JOB NO. 2901-02
LEGEND
H.C.M.R. INDICATES HARRIS COUNTY MAP RECORDS
2. H.C.D.R. INDICATES HARRIS COUNTY DEED RECORDS
3. I.P. INDICATES 91011 PIPE
4. I.R. INDICATES FROM RW
S. I.R.w/CAP WDICAAS 94014 ROC WITH ALUMINUM CAP
6. FND MIDICA11" FatRq
7. VID. Ne40AEi
8. PG x4pIp►TEa
9. 90. FT. W�A IOUARE FEET
10. SY MOD" Ca FEET
11. G.L. R4WA= BW4&% LINE
12, R/W Mi01CaM Mot qF-WAY
13. U.E aacAIp U9GEI4T-*
14. P.C. aWICAL1Ir OF CLIRWA Vllif
15. P.T s464p1TO Or TANODWY
Is. W.L.E. MOCAUS WATER LkW EAKIERT
17. Lw.&T, apRl,Atts 90UTNiEsmu BELL TFUEP pIE
13. H. L. a P. OWA61ES HOUSTON UC417I46 a POW COMPANY
It, AS.E. N ICATES SANITARY SEWER EASEMEN'
20. ALE, NINCATES AERIAL EASEMENT
21. ST.S.E.:NC+CATES STORM %WEP EASELIEN-
® WM-WATER METER
�-
FH-FIRE. HYDRANT
X
WV-WATEP VALVE
®
TRAFFIC SICN
(D
SOUTHWESTERN BELL MANHOLE
m
TELEPHONE ENCLOSURE
P09Q POLE
�-3
POWER POLE w/DOWN GUY
®
STORM/SMNARY SEWER MANHOLE
TYPE 8-8 INLET
O
TYPE 8 INLET
I HEREBY CERTIFY THAT THIS PLAT
CORRECTLY REPRESENTS THE ACTUAL
CONDITIONS FOUND ON THE GROUND
AT THE TIME OF THIS SURVEY AND
ALL IMPROVEMENTS LIE WHOLLY WITHIN
THE PROPERTY LINES EXCEPT AS SHOWN.
THIS PROFESSIONAL SERVICE SUBSTANTIALLY
CONFORMS TO THE CURRENT TEXAS SOCIETY
OF PROFESSIONAL SURVEYORS STANDARDS
AND SPECIFICATIONS FOR A CATEGORY 1A,
CONDITION II SURVEY.
GENERAL NOTES
1. BEARINGS SHOWN BASED ON RECORD
PLAT.
2. NO PORTION OF THE SUBJECT SITE IS
LOCATED WITHIN THE 100 YEAR SPECIAL
FLOOD HAZARD AREA ACCORDING TO THE
MOST RECENT OFFICIAL INSURANCE RATE
MAP, DATED 11-06-1996.
MAP NUMBER 48201CO940 J, ZONE(S)
PROMULGATED BY THE ADMINISTRATOR
OF THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT OF THE UNITED
STATES. ANY REFERENCE TO THE 100 YEAR
FLOOD PLAIN OR FLOOD HAZARD ZONES, ARE
AN ESTIMATE BASED ON DATA PROVIDED BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE PROGRAM AND SHOULD NOT
BE INTERPRETED AS A STUDY OR DETERMIN-
ATION OF THE FLOODING PROPENSITIES OF
THIS PROPERTY.
3. SEE SEPARATE LEGAL DESCRIPTION FOR
ADDITIONAL NARRATIVE.
4. FOR ADDITIONAL BUILDING RESTRICTIONS,
SEE RESTRICTIVE COWNANTS.(V.5920,P.165
AMENDED IN V.8470,13.238 HCDR;D-876057,
H-111543.U-138141;F.C.#437010 HCMR.
5. UTILITIES SHOWN HEREON ARE BASED ON
CITY OF LA PORTE AND UTILITY COMPANY
DRAWINGS WITH FIELD TIES TO EXISTING
SURFACE FIXTURES. ALL UTIUTIES SHOULD
BE FIELD VERIFIED PRIOR TO CONSTRUCTION
6. SITE SUBJECT TO ENVIRONMENTAL STANDARDS
FOR THE INDUSTRIAL AREA KNOWN AS
'BAYPORT", HARRIS COUNTY, TEXAS, RECORDED
UNDER V.5920,P.165 AMENDED IN V.8470,
P.238 HCDR.. AND BY D-876057.
7. SITE SUBECT TO A COVENANT AND AGREEMENT
NOT TO DRILL OR OPERATE OR CAUSE THE
DRIWNG OR OPERATION OF ANY WATER WELL
ON THE SUBECT PROPERTY, UNLESS AS OTHER -
USE PROVIDED THEREIN, AS RECORDED UNDER
H-111543.
8. SU&ECT PROPERTY IS LOCATED WITHIN CLEAR LAKE
CITY WATER AUTHORITY. AT OR PRIOR TO
CLOSING, SELLER IS TO FURNISH A PROPERLY EX-
ECUTED AND ACKNOWLEDGED NOTICE IN COM-
PLIANCE WITH THE PROVSIONS SET FORTH IN SEC.
49.452 V.T.C.A WATER CODE, IIHICH NOTICE MUST
ALSO BE SIGNED AND ACKNOWLEDGED BY THE
PURCHASER AND SUBSEDUENTLY THERETO MUST
FILED FOR RECORD.
9. SITE SU&ECT TO ANNUAL MAINTENANCE CHARGE
PAYABLE TO BAYPORT INDUSTRIAL ASSOCIATION
IN INSTRUMENTS RECORDED UNDER V.592C.
P.165 HCDR.
10. STE SUB,ECT TO TERMS, CONDITIONS, PROVISIONS,
AND OBLIGATIONS OF GRANTEE THEREIN TO
PERFORM CERTAIN COVENANTS AS SET FORTH
IN INSTRUMENT RECORDED UNDER H-111543.
11. SURVEY PERFORMED WITHOUT BENEFIT OF A
OF A TITLE COAMIITMENT.
aDull - Tb�
SITE FOR UNITOR SHIPS SERVICE, INC.
PREJEAN & COMPANY, INC.
surveying / mapping
9324 WESTVIEW DRIVE
HOUSTON, TX 77055
713-467-MAPS
LAND TITLE AND
TOPOGRAPHIC SURVEY
8.5811 ACRES BEING OUT OF
RESTRICTED RESERVE "C"
BAYPORT NORTH INDUSTRIAL PARK
FILM CODE NO. 437010 H.C.M. R.
HARRIS COUNTY, TEXAS
DATE: 07-20-2000 SCALE: 1" = 50' 06 No.: 256-1
-'
DATE:
F. NO.: 00170145 CHARTER TITLE COMPANY