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HomeMy WebLinkAbout2007-IDA-102 GSL Investments Reserve A (2.0165 Acres)ORDINANCE NO. 2007-IDA-102 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL INVESTMENTS, INC, A TEXAS CORPORATION (2.0185 ACRES RESERVE A) 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. GSL Investments, Inc, a Texas Corporation (2.0165 Acres Reserve A) 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 17t~' day of December, 2007. TY OF i_A PORTS ~~ Alton Porter, Mayor ATTEST: ~~ ~~~~ _ Martha Giilet#, Ci#y Secretary APPROyFD: ~~ `~" Knox Askins, City Attorney 2 NQ. 2007-IDA--~~ STATE OF TEXAS COUNTY OF HARRIS aND~i7STAZAL DISTRI=CT AGRE£~MENT This AGREEMENT made and entered into by and between the CITY OF LA PORTS, TEXAS, a municipal, corporation of Harri-~ ounty, Texas, hereinafter c~ed "CITY° , ah.d ~ ~! _ - i ~ , a G ~ corporation, hereinafter called "COMPATeTY" . W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and wh~,ch will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens, and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, des~.gnating portions of the area located a.n 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°, hereinafter collectively called °District", such Ordinances being in compliance with the Municipal Annexation Act of Te~cas, codified as Section 42.044, Texas Local Government Code, and WHEREAS, Company is the owner of land within a des~.gnated 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", wh~.ch 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 Agreetr~ent with Company pursuant to Ordinance adopted by the City Council of said. City and recorded in the official minutes of sa~.d City: FINAL DRAFTa November 1, 207 3. NOW, THSRFFOR.E, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the 1+~unicipal Annexation. A.ct and the ordinances of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the ter~ts 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 ar 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 noun 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.ta 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, ar {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 lU0! wide and contiguous to either Fairmont Parkway, State Highway 225, ar State Highway 1~6, 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 Cade, the Texas Clean Air Act, the Texas Health & Safety Cade, ar other federal or state environmental laws, rules ar regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement u~rere not subject to the .Agreement . TI. 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. 52I, Acts of the 65th Texas Legislature, Regular Session, 19'79, as amended), the appraised value far tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Haxris 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 far the purpose of computing the "in lieu" 2 payments hereunder. Therefore, the parties agree that the appraisal o£ the Land, imparvvements, 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 Ccaunty Appraisal District to establish the appraised value of Land, irr~pravements, and tangible personal property in the annexed portion, for ad valorem tax purposes. Z1T. A. The properties upon which the "in ].a.eu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph TT2 {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 "~,n 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. Dn ar before the later of December 31, 2048, or 30 days from mailing of tax bilk. and in like manner an or before each December 31st thereafter, through and including December 31, 24].9, Company shall pay to City an amount of "in lieu of taxes" on Company's Property as of ,7anuary 1st of the current calendar year {"Value Year"), C. Company .and .City. agree that the follo~nring percentages ("Percentage Amount") shall apply during each of the Value Years: Value Year 2408: 62~ Value Year 2009: 62•°s Value Year 241.0 : 52 0 Value Year 2011: 52~ Value Year 2012: 520 Value Year 2013; 62% Value Year 2014; 63~ Value Year 2415: b3~ Value Year 2415: 53s Value Year 2417: 63~ Value Year 201$: 53% Value Year 2019; 53°s 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 : 3 1. Percentage Amount of the mount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2€?08, and each January 1 thereafter of the applicable Value Year during the term of this Agreettient, (excluding amounts wk~ich wou~.d 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. ta} 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 can January 1, 20p'7, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation}, far each Value Years following completion of construction in progress, an amount equal to Twenty-five percent (25a), if construction is completed in Value years 2008 through 2D13; and Twenty percent (2©%) , if construction is completed in Value years 2014 through. 2x19, of the amount of ad valorem taxes which would be payable t.o Gity 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. Tn the case of new construction which is completed in Value Year 2016 or latex, and provided, further, 'that City and Company -enter into an Industrial District Agreement after the expiration of this Tndustria~, District Agreement, then, and in such events, such new cortstruct~.on sha11 be entitled tca additional Value Years under the new Agreement at a Twenty percent (200} valuation under this subparagraph {a}, for a total of six (6} Value Rears, 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 ~.n value that is the lesser cif either: i. at least Fives percent {5 $} of the total appraised value of Land and improvements, on January 1, 2x07; or ii. a cumv.lative value of at least $3,5©Q,Up4,00. 4 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. tc1 If existing Property values have depreciated below the Property value established on January 1, 2007, an amount equal to the amount of the depreciation. wiXl be removed froth the calculation under this subparagraph 2 to restore the value to the January 1, 2op7, 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 ~.ndustrial 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 ~., 2{308, and each January i thereafter of the applicable Value Year during the term of this Agr~:ement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangib~.e 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. Natwithstaa~ding the above, should City elect to grant the freeport inventory exemption authorized by Article VIII, Section ~.-j of the Texas Constitution and Section I1.251 of the Texas Property Tax Code to taxpayers w~.thin 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 constitut~.onal amendment or act of the Texas Legislature (including, but not limited to, Article VII2, Section 1-n., of the Texas Constitution and Section 11,253 of the Texas Progeny Tax Code}, such class or type of property shall He exempt for purposes of this Agreement, unless the City Counci3. of the City of La Porte shall by ordinance provide for the continued taxation of such property under the authority of any applicable provisiazzs of the Texas Constitution and Texas Statutes. 5 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. Tf Company is rnot a member of Channel industries Mutual Aid Association. (LIMA), Company agrees to zeimburse City for its costs arising out of any emergency response requested by Company to Gampany"s property, and to which City agrees to respond. If Company is a rnembex of CTMA, the obligat~.ans of Company and City shall be governed by the LIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2006, 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 pr©vided 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 an. ar t~efore August 31, 2019, the agreement of City not to annex property of Company within the District shall ter[rtinate. In that e~rent, 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 P+lunica.pal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legis~.ature 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 lazad, Company will waive the right to require City to cs~mply 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 a~.l of the owners of all land within the District of wh~.ch it is a part. V~. A. Sn the event Company elects to protest the valuation for tax purposes set on ~.ts said properties by City or by the Harris County ?3.pprazsal 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. ~iotwithstanding such protest by Company, and except as otherwise provided in, Article V~{B), Company agrees to pay tv City an ar 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 fatal amou~zt 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 an said property of Company has been so finally determined, either as the result of final judgmex~,t of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then witha.n thirty (3©) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall make payment tv Campany of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and casts. B. Should Campany disagree with any appraisal made by the independent appraiser selected by City pursuant to Artic~.e Il above (wh~.ch shall be gi~cren in writing to Company}, Company shall, within twenty.{gyp) calendar days of receiving City's invoice, give written notice to the C~.ty of such disagreement. In the event Company does not give such written native of disagreement within such time period, the appraisal rr-ade by said independent appx'a~,ser shall be final anal controlling for purposes of the determination of n in l~,eu of taxes" payments to be made ~un.der this Agreement . Should Company give such notice cif 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 hereinabav~; described property. Both parties agree to thereupon enter iota good faith negotiat~.ons in an attempt to reach an agreement as to the market value of Company's property for "in lieu° purposes hereunder. lf, 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 ~. of this Article VI ($) . 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. ~, Board of Arbitrators sha11 be created composed of one person named by Company, one by City, and a third to be named by those two. 2n case of no agreement an this arbitrator in 1~ days, the parties wi11 fain 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 pracecding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the faar market value of Company's property for calculation of the yin lieu" payment and total .payment hereunder fnr the year in question. The Board shall hear and consider all relevant and ~a.texial evidence on that issue including expert opinion! and shall render its written decision as promptly as practicable. That decisinn 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°, Te~cas Civil Practice and Remedies Code). Costs of the arbitration shah. be shared squally 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 an Company=s above described property, all improvemexa.ts thereon, and all tangible personal property thereon, in the event of default in payment of nin lieu of taxes=~ payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City ix~, the same manner as provided by law for delinquent taxes. VIIT. This Agreement shall inure to the benefit of and be binding upon Cit~r and Company, anal upon Company's successors and assigns, affiliates and subsidiaries, and shall remaiza a.n 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 sha11 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 €ull 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 ex~.stizzg industrial district agreements after the effective date hereof and whi~.e this Agreement is in effect, which contains terfns 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 iaore favorable terms of s~zch agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that a~,l terms, considerations and conditions set forth herein are Lawful, reasonable, appropriate, and not unduly restrictive of Comganyzs business activities. without such agreement neither party hereto would enter into this Agreement . lxa, the event any one or mare words! phrases , clauses, sentences, paragraphs, sections, articles ar other parts of this Agreement or the application thereof to any persc~rA, firth, aorparation or circumstances shall be held by any court of ca'cttpetent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity ar unconstitutionality of such words,. phrase, clause, sentence, paragraph, section, artac7,e or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the va~.idity of the remaining parts of this Agreement shall not be affected theareby. XI. Upon the commencement of the term of this Agreement, all other previously existing ix~dustraal district agreements with respect Lo said Land sha11 terminate. x~~. Notices by a party to the other party hereto, shah. be jnailed or delivered as (allows: Ta the City of La Porte: ~a company: City manager City of La Aorte 604 West E'airmant Parkway La Porte, '~X '77S7J. (co~PAN~} Attention: Department Jr~~-$ ~~~~~~~~ ,~~~~ ~ ~~5~- Company shall promptly notify City of any change of ownership of Property, any assigxxment of this Agreement, and of any change of balling address. Company shall notify City annually, on or before June ~., of any changes to the fo3.lowi,ng infortnatian: ~?~a~~ Ntax3:age~ NaFne ~dd.ress s Tax' Agez~~/Billing Con~a~t Nate .. Ac~dx~e's's - Plori Fax`c email. EN`Y'ERE~ '~NTd of tective the 1st day -of ~TaTltlaiy', 2 0 ©8 By '~~ XTTES.T: r '~ ; ~, " Ca.ty Secret~rry . a . ,BOx.:, X218. 'La, Paste, T~ 7'7572-1218 2:81 4:71..1&8'G 2:81. g73.. 2~4T k~rixask~n~~camcast . riot By _ _..~ By: 10 6:04 'hest ~'a~.tc~~z~ i?arkway ~a Pcrte:, TX `7'7'577. City ref La Part: i STATE OI` TEXAS § ~, COL7I~ITY 0~ H:A.RR~S ` This snstrutr~ent' t~ ~~-a~.~ , ~ o ate, a oh beha~.f` of sacZ en,~~.'~y. .~ ,~,.~,,,,,, . KATHY ALEXANDER t° - _ Notary puhlie;,State of:Taxas ~'~, F My Commission Expires ~4,n,ts° STATE: OF TE~A.S' ~OUN~'Y OF HARRIS §; ged hetor~ me on the ~3''~aay Na axy P lic, 5~a~a of T~:~as This z,r~strt~~iei~t was acknowledged before >~~ on the ] ~ ~ c1a of ~ Y 200 ~, by ?~1Con E. Pcar' =~r, Ma~,rar. rr" tie C.~'~ ~.- ^F' L,;~. PorCe: a mi.~i~.icpa~ c~~para~a.on, o~~ peha~.m a:~ sa:~d t ~.L_~.~LY•. NOS zy ztb e State: off' Texas ~~ MUkRTF4A 61LLETf My Commission Ex{~es Aug~s122, 2009 `q~a.rtd ~. ~EgHIBIT A~ {Metes and Bounds Description of Land} 12 TRACT 2 FIELD NOTE DESCRIPTION OF 2.0165 ACRES {87,838 SQUARE FEET} OF LANb OUT OF RESTRICTED RESERVE "A", OF BAYPORT NORTH INDUSTRIAL PARK, AS RECORDED IN FILM CODE NO. 437010 OF THE HARRIS COUNTY MAP RECORDS AND ALSO BEING OUT OF THAT CERT'ASN CALLED 6.9596 ACRE 'TRACT OF LAND DESCRIBED BY INSTRUMENT RECORDED UNDER HARRIS COUNTS.' CLERK'S FILE NO. 20060245720 AND LOCATED IN THE WILLIAM M. JONES SURVEY, A-482, HARRIS COUNTY, TEXAS, SAID 2.0165 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS ~o>~Laws BEGINNING at a 5/8 inch iron rod found in the North right-of-way line of New Century Drive (60 feet wide), said iron rod marks the Southeast carnet of that certain called 2.8159 acre tract recorded under Harris County Clerk's File No. W305391, said iron rod also marks the Southwest Caxner of the herein described tract; THENCE, North 03°07'10!7 West, along the the East line of said called 2.8159 acre tract, a distance of 518.42 feet to a 5/8 inch iron rod with cap found in the South right-af-way line of Fairmont Parkway {250 feet wide} for the Northeast corner of said. called 2.8159 ,acre tract and the Northwest corner of the herein described tract; THENCE, North 85°56'077, East, along the South right-of-way line of Fairmont Parkway, a distance of 108.89 feet to a 5/8 inch iron rod with cap found for an angle paint; THENCE, North 86°52'37" East, Continuing along the South right-of-way .line of Fairmont Parkway, a distance of 69.31 feet to a 5/8 inch iron rod with Cap found for the Northeast corner of the herein described tract; THENCE, South 03°07'10" East, a distance of 476.26 feet to a 5/8 inch iron rod with cap found in the North right-af-way line of said New Century Drive for the Southeast corner of the herein described tract, said iron rod falling in the arc of a curve to the Left; THENCE, Westerly, along the North. right-of-way line of New Century Drive, with said curve to the Left, having a radius of 530..{30 feet, a central angle of 14°16'41", an arc length of 132.08 fast and a chord bearing and distance of South 7S°3S'34" West, 131.73 feet to a S/8 inch iron rod found far the Point of Tangency of said curve; THENCE, South 68°28'13" West, continuing along the North right-of-way line of New Century Drive, a distance of 51.65 feet to the POINT OF BEGINNING and containing 5F'~;.!•0~.6 ~. ~, res (87, 838 square feet) of land, more or less. >-.~~ O~' -~.., Century Engineering, Inc . `'~`~'~~~ T ~~`~~'~ Dated this 13th day of December, 2007 ~~.,:~;,.-,..,~~,~<..._....::.. • ~~ •n ~:d 3 4 ~ .; .. r erner F . J _nson ~~; ~~-~?'s~ss~~r~~:=~... ~~ Registered afessional Land Surveyor No. 4314 ~'~~ ~°~l~~t;~ ~EXHI~IT B~ Attach Plat reflecting the ownership boundary lines; a s~.te layout, showing all improv~rc-ents, including pipelines and railroads, and also showira.g areas of the Land previously annexed by the City of La Porte.} ~3 ~~ g .I it I -~I _~~=:. NDUSTRIAL ~, rr G _... _ ~. - trliiV~C..i\~T~ - P~CY jV ~~_ CONC~`TF -AUTO 3.~ `: u~~ E ~ ~f ~ ~~.: J 1' TD ~~~~~.~so~ - 5c erne ~ ~ .1 0 0 1~IF~C Sc~jematic Site ~~an N.T.S. _ , .~_:-~ - - ___ _ ,: ---- T-....,-T--_ _ -- - r *_---_ ~ -- ---- - -. ~ ~ ~' F..- , ,, ' ~ ; -- ~-. .. ! .....- I ..... ........ ~ I! ___ ~?~"; ~YDO'VJ~d-YAPS'? :.... .~.--- ---I y.33~ ~_ ~ ...-- -- , ..-._ , .:~-- -rt, _ , -- ~ - - r~s=' •<< x~ .--- -. .~~,~---. 3 '~' ~Alb,i~E~':OJS B,O~~G ~gSHIBIT C~ gage 3! a€ 3 ROES ANT~1 RLGIILATTONS Arty portion of Land constituting a strip of land 3.00' wide and contiguous to either Fairmont Parkway, state Highway 225, ar State Highway 146 shall be subject to the following rules and regulations pertaining to n,ew signage, screening, driveways and median crossovers. These rules and regulations shall apply aftez the effective date ©f this Agreertient when Company de~telraps or constructs improvements on vacant Land described in Fxhibit "A" Which is adjacent to Fairmont Parkway, Mate Highway 225, ar State Highway 3.46. 1. Any sign erected in said 1.04' strap of land shall be subject to the following provisions: • c3ne freestanding identificationx.sign shall be permitted for each side of an industrial estab~,ishrnent that fronts on err improved public right-of-way. • Freestanding identification signs for single tenant buildings shall not exceed 3.50 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 mu7.tiple businesses shall trot exceed 350 square feet. • Freestanding identification signs shall not exceed ~5 feet in height. • M~,nimum setback far sign construction shall be ten {1©} .feat from property lines. 2. When Land adjacent to said 100' strip is developed, the in%tial 54' of said strip beyond any existing pipeline easement contiguous tv 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 nEgHIHIT CR Page 2 of 3 b) The use of earthen beans with approxirnateYy 3:I side slopes, 50' wide at the base and B' 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 wi11 be at least 20 feet in height and shall, together with shrubs and ground cover, create a contanuaus visual screen. Provided, however, in public utility easements or rightsWof-way, the vegetation shall be installed anal maintained. in a manner which is acceptable to the public utility company, azzd 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. zn all cases the SO' 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 5~' landscape easement is not available ar practical, Company shah. meet with City to determine a suitable landscaping alternative. d) In the case of land cantiguQUS to Fairmont Parkway, in addition. to the other requirements of these Ru~.es and Regulations, Company shall dedicate to City by Plat a ten foot {10') wide pedestrian. and bicycle easement, extending along Company's Fairmont Parkway boundary, witha~n the fifty foot {5 {}' ) landscape easement . The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 3. Driveways opening from said strap of land onto State Highway 2~5 or State Highway 145 shall be subject to the rules and regulations of the Texas Department of Transportation and provisian.s of the City's Code of 4xdinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway sha~.l be subject to the rules and regulations of Harris: County and provisions of the C~.ty's Code of ordinances, whichever ~.s mare restrictive. 15 aESSIBfiT ~~ Page 3 of 3 4. driveways opeza.zrtc~ from sand strip of Zand onto Fairmont Parkway shall be approved by the City ar~d may require the installation of separate accelerationJdeceleration lanes. 5. znsta3lat~,on of a median crosso~rer on Fairmont Parkway shall be s~.bject to the approval o£ both Harris County and City. 1.6