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HomeMy WebLinkAbout2007-IDA-11 Don & Martha Tuffli Family TrustORDINANCE NO. 2007-IDA-11 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DON AND MARTHA TUFFLI FAMILY TRUST, A CALIFORNIA TRUST 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 HERO%, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Don and Martha Tuffli Family Trust, a California Trust 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 d day of December, 2007. TY OF LA PORTE �a Alton Porter, Mayor ATTEST: art a�Gil�aity Secretary APPROVED: Knox Askins, City Attorney No. 2007-IDA-At § Ro""ECEIVED INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Don & Martha Tuffli Family Trust , a __California trust, hereinafter called "COMPANY" 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 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 WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the °Battleground Industrial District of La Porte, Texas", and Ordinance .No_ 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of LaPorte, 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 owner of lard 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 showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said 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: FINAL DRAFT: November S, 2007 1 NOW, THkREFORE, 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: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, 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. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Lend and improvements, and tangible personal property. Under the terms of the Texas Property Tax Cade (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,, 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. an or before the later of December 31, 2008, or 30 days from mailing of tax ball 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 Yearn). 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: 621c Value Year 2013: 621k Value Year 2014: 63%, Value Year 2015: 63% 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: 3 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 tern 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 sage on January 1, 2007, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Yearn following completion of construction in progress, an amount equal to Twenty --five percent (25t) , 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 (5f) 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. 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. (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 I 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 Vill, Section 1-j of the Texas Constitution and Section 11.251 of they Texas Property 'Pax Cade 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 Vill, 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. C1 S. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "AP 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 (LIMA), 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 lst 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 exacted by the Legislature of the state of Texas which imposes greater restrictions can 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. Annexations. 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 R 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 snake 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 vl (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_ Vill . 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 he 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 distract 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 o: such agreement or renewal agreement.. go 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: Don & Martha Tuffli Family Trust (COMPANY) Attention. Department 2780 Skyparc Drave, 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_ Plant Manager Mr. Bob Klassen Name: Sunbelt Commercial Builders, Inc. Address:11650 Jones Road, Suite H Houston TX 77070 Phone_ 281 890-4781 Fax: (281) 890-7116 Entail: comLDI aol com� Tax Agent/Billing Contact Mr. Harvey English Name: Commercial Tax Network Address. 12615 Jones Road, Suite 204 Houston TX 77070 Phone: (281) 897-1119 Fax: 281 897-0004 Email h. encrlish@commercialtax.com ENTERED INTO effective the 1st day of January, 2008. Torrance, CA ATTEST: TY OF LA P RTE t By: C ty Secretary gtonE. Porter Mayor APPRO D : By: Knox W . Askins City Attorney City of La Porte P.Q. Box 1218 La Porte, TX 77572-1218 281-471.1886 281.471.2047 fax knoxaskins@comcast.net .ftAssists- i .- CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 t to 460 10 STATE OF COUNTY OF +E-HAS § This instrument was acknowledged before me on the 1� 1'day of 200-1 , by of corporation, a corporation, on behalf of said entity. L'" M &4jtt� Notary Public, State of This instrument was acknowledged before tie on the "'T"- day of �, " 2 0OZ by Alton E . Porter, Mayor of the City of La Porte, a municipal corporation, !on Z a said entity. Notary Public, State as 0jl R Y o� 02�' y� y 0 : m T z -,� 0 '. 11 NEXHIBIT AN (Metes and Bounds Description of sand) 12 29a Sunbelt: 6ommeoial Builder 2818007116 p.3 HE STATE OF TEXAS AFTER RECORDING: HOLD R-JR 3,5 CHAPTER TJTLL (S0W-ANY SPECIAL WAR ANTV DEED GF _.,. KNOW ALL MEN BY THESE PRESENTS- r ' > COUNTY OF BRAINS § That BAYPORT NORTH INDUSTRIAL PARK, L.P.. a'T'exas limited partnership (thc -"), for and in consideration of the sum of Ten and Nof100 Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged by -, has GRANTED, BARGAINED, SOLD and CONVEYED and by these presents does � BARGAIN, SELL and CONVEY unto DON L. TUFFLI, AS TRUSTEE OF THE f _. AND MARTHA T. TU1+FL I TRUST (the "Grantee"), all those certain tracts or parcels 'land described below together with all and singular the rights and appurtenances pertaining to such rent 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, W-:11ky of Harris, more particularly described in Exhibit "A" attuched Hereto and incorporated n "br all purposes. This conveyance is made by Grantor and accepted by Grantee expressly subject to all cept?ons to title and encumbrances (the "Perniitted Encumbrances") identified on Exhibit eJ hereto and incorporated herein for all purposes. TO HAVE AND TO FOLD the Property, subject to the Permitted Encumbrances, ' Sragcther with all and singular the rights and appurtenances thereto In anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does by these presents bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND, all and singular the ''roperty unto Grantee, its successors and assigns, subject to the Permitted Encumbrances, na;.st every .person whomsoever lawfully claiming or to claim the same or any part thereof, by, under Grantor but not otherwise. h'-CUTED this 261h day ofFetnu , 2000. BAYPORT NORTH INDUSTRIAL PARK, L.P. Sunbelt C,mm,cial Builder 2018907116 /2?-2001 09:42 CHRRTER TITLE P-03/12 IIANTEVS ADDRESS: MadhaT. Tuffli Trust 53--ypark Drive, Suite 460 ance, California 905 05 Attn: Don L. Tuffli, Trintee THE STATE OF C'OUNTY OF § 4 -a-is insbument was acknowledged before me on,-�F-4ZL/ 26 2000, by Don President of FAIRMONT UNDERWOOD, INC., a Texas Corporation, as General -,--vtner of BAYPORT NORTH INDUSTRIAL PARK, L.P., a Texas limited partnership. NOTARY PLtI3LIC, STATE OF CALIF{]RhfIA My Commission ex pires: ECORDING, A PRINCE TO: RAEON D—i L. -S� -,3180325PRINCE r�� rR and Marths T. Tu4ffli rust Commission J,' I "7L-:' NOVY Pobvc - Corilornla 5- '4780 Skypork Drive, Suite 460 LOS Anqeie5 county To-rTance, California 90505 16,21"1UF L. TufflL Trustee (PAGE 3 p. 4 "..30a Sunbelt Commecial Builder 281890711E fa.5 _31 09 s 42 CHARTER T 1 'f LE P. 04,,12 r METES & SOUNDS DESCRIPTION - 5.1853 ACRES BEING OUT OF RESTRICTED RESERVE W BAYPORT NORTH INDUSTRIAL PARK HARRIS COUNTY, TEXAS acres of land being out of Restricted Reserve "A", Bayport North Industrial Park accur ding to °'�rnof filed at Film Cade No. 437010, Harris County Map Records,. also being out of lhal certain called D =3 acre tract of land described in a deed d$ted 11-08.1999 ira[re ©on L Tu fli, Trustee to BaYPoft Noah ~ {<: eI Pars, L.P. filed for record in the Official public Records nF Real Property of Harris County. T xas at s ate No. U-o74535, Film Code No. 529.10-2591 being more particularly described by metes and bounds as TMC;? ;'1NG at a found 518" Iron rod with cap Inraled in the south right -of way line of Fairmont Parkway (250' c.e Zs intersection with the west end of a 20' cut back line for the west ,5C'.:�ide), and tieing the northerly northeast comer ttf said Reserve "A"; right-of-way line of tlrrsiervunad Rnarl THENCE S 510 55' 14" E — 25.71% with the said cut bads itne, to a fntrncf 5W iron rod with cap for comer; �•',r S 01Q 56' t4" E -- 509,60', with the said west right-of-way line to a found 518- iron rani with cap forate, In -7N-of-way tine of New Century Drive (60' wide) at its interjection with the east and of a 20' gut back j `"^ She northerly southeast Comer of said Reserve .A", S 420 28' 18` W — 28.68'. with the said cut back line, to a round 51&" iron rod with cap for corner; THENCE 5 86° 62' 50" W -- 410.00% with the said north right-of-way line to a set 5!8' iron rod with rap For carnet; 10' W — 495.54' to a set 518" iron} rod with cap in the said south right-of-way line of Fairmont " Lesng a point on a curve to the left having a Central angle of 03" 59' 22", a radius of 5.85.4.58' avid a bea Ong of N 07, 55' 40" W; T`-'-NCE continuing in a easterly direcilon with the said south right -of way titre an are distance of 407.65', to a ^-° ar'Wking the end of the curve, from which a found copperweld rod# 3473 bears, N 620 51' 13" W 0.33'; OS' 34' E — 17-091, with the said south right-of-way litre, to the POUT p BE�INNff�G and `353 acres (225,d70 square Feet) of land, more or less. d From survey by: v'--;AN & COMPANY, INC- �iiv eying / Mapping "Ob 'No. Z55-1-13 January 17, 2001 Revised-- January 29, 2001 C:W"'h"Wletes & 6041ndsQ$;z-t-13.mb-d6c EXHIBIT A REXHIBIT B" Attach Plat reflecting the ownership boundary sines; 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 HEXHIBIT Cu Page 1 of 3 RULES AM RBGULATIONS Any portion of Land constituting a strip of land 100 1 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 hand described in Exhibit "All which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 1001 strip of land shall be subject to the following provisions: 4 one freestanding identification sign shall be permitted for each side of an industrial establishment that fronts can an improved public right -cif -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 -cif --way. 4 Freestanding identification signs for multiple businesses shall not exceed 350 square feet. 4 Freestanding identification, signs shall not exceed 45 feet in height. 4 Minimum setback for sign construction shall be ten (10) feet from property lines_ 2. When Land adjacent to said 1001 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 shah., together with other vegetation and underbrush, create a continuous visual screen. 14 "E=B IT CH Page 2 of 3 b) The use of earthen berms with approximately 3:1 side slopes, 501 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 he 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 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 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 (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, within the fifty foot (so,) 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. i5 NE3HIBZT CA Page 3 of 3 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and tnay require the installation of separate acceleration/deceleration lanes. S. Installation of a median crossover on. Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 Page 1 of 2 Subj-. RE: Need for plats for Tuffli ownerships Date: 5/14/2008 2:09:26 PM Central Daylight Time From: cbra Uffli.com To: SunComBN(Daol.com GC: powellk(c�Iaportetx.gov SNIP 4 1. Ordinance No. 2007-IDA-101 Oakwood Capital, LP, a Texas limited partnership 1 IL120-728-000- 0009 Unitor, 9400 New Century Drive, Pasadena, TX 77507 (Reserve C-2 / 8.5811 Acres / 373,792 SF) 10/13/00 Purchase 2. Ordinance No. 2007-IDA-11 1 Don & Martha Tuffli Family Trust, a California trust 1 IL120-728-000- 0010 Calpine, 4100 Underwood Road, Pasadena, TX 77507 (Reserve A-1 / 5.1853 Acres / 225,870 SF) 3/19/01 Purchase 3, Ordinance No. 2007-IDA-12 / DTMT One, LLC, a Texas limited liability company I IL120-728-000- 0011 Brand, 4700 New West Drive, Pasadena, TX 77507 (Reserve B-1 1 8.7018 Acres 1379,051 SF) 12/17/01 Purchase 4. Ordinance No. 2007-IDA-13 / Tuffli Company, Inc., a California corporation / IL120-728-000-0020 Vacant Land, 9711 New Century Drive, Pasadena, TX 77507 (Reserve A-3 1 3.3451 Acres 1 145,714 SF) 9/2/03 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 1311,566 SF) 8/9105 Purchase 0025 6. Ordinance No. 2007-IDA-15 / DTMT Two, LLC, a Texas limited liability company/ IL120-728-000- 9560 & 9602 New Decade Drive, Pasadena, TX 77507 (Reserve E-1 1 9.4086 Acres / 409,839 SF) 2/27/07 Purchase BNIP 2 7. Ordinance No. 2007-IDA-16 / 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 11, Ltd., a Texas limited partnership (187,6711 acres or 8,174,954 SF) 9. Ordinance No. 2007-IDA-731 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:SunComB[d@aol.com] Sent: Wednesday, May 14, 2008 10:15 AM To: cbr@tuffli.com, owel]K@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. 1 most likely have full size plats in our office that I can copy and get to Kathy. Kathy: I get to La Porte about 3-4 times per week so will deliver plats to your office. Regards, Pob KIa55em, 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: SunComBld BENCHMARK CITY OF LA PORTE MONUMENT I.D. LPSM 99 ALUMINUM CAP WITH PUNCH MARK EL.: 22.506 ('78 ADJUSTMENT) T. B.Il CHISELED BOLT ON SOUTHWEST CORNER OF TRAFFIC SIGNAL POLE BASE LOCATED AT NORTHEAST CORNER OF SUBJECT PROPERTY EL_ 24.93 P.B.M.j1 CHISILED SQUARE "C-r ON TOP OF "BB" INLET (1-15) LOCATED AT WESTSIDE UNDERWOOD ROAD AND NORTH OF NEW CENTURY DRIVE EL.: 22.73 LEGEND 1. ARE H.C.M.R. 00CARS HARRIS COUNTY MAP RECORDS O AIM -WATER METER 2. H.CAR. INDICATES HARRIS COUNTY DEED RECORDS /, >_ I.P. a/411CAi$ om PIPE Y FH.FIRE HYDRANT 4, I R,IDICAIEB IRON ROD / WV -WATER VALVE 5. LR.W/CM ")ICATES IRON ROD WITH ALUMINUM CAP a. FWD INDICATES FOUND .41 TRAFFIC SIGN 7. VOL. illil ES VOLUME 6. PG. INDICATES PAGE FEET OT SOUTHWESTERN BELL MANHOLE REFERENCE DRAWINGS CONSTRUCTION PLANS (MONTGOMERY k ASSOCIATES) BAYPORT NORTH INDUSTRIAL PARK PLAN & PROFILE SHEETS 7, 8 1 12 OF 37 JOB NO. 2901-02 M1y M1K 9. So. �. ... SOU M TELEPHONE ENCLOSURE 10. S.F. INDICATES SQUARE FEET itSE . B.L INDICATES BUILDING L. POWER POLE 12. 1 INDICATES RICIIT-OF-WAY I ASPHALT PAVEMENT 13. U.E. INDICATES UTILITY EASEMENT ii POWER POLE r/DOWN GUY S EDGE pSPH RD I .i I 14. P.C. INDICATEAWT S POINT OF CURVATURE © STORM/SAARY SEWER MANHOLE D 'P 15. P.T. INDICATES POINT OF TANGENCY Z O M1' 0rill,DIT� 1 16. S.W.B.T. INDICATES SOUTHWESTERN BELL TELEPHONE [j] TYPE B-B INLET O - 17. H. L. a P. IAICATES HOUSTON UGHTING a POWER COMPANY G TYPE B INLET -4 D -�� RD _ M1 SQUARE INLET / ,Yo i�'0 �I le. N.F.L INDICATES NOT FIELD LOCATED 1M1 AN/ __ Fes' A RIII-�10 �' CR%24,37� RCP 4 TRAFnC SIC POLE 19. 0/S INDICATES OUTSIDE • C/O -CLEAN OUT O D-_..-_�_ f__. G- A I^T IVI�AVT 1�n�'� YY G'T 1 ` A Fig 5�12�4a (gfy}%RyAFFl M1'� � R� IB F7'W 3jB" IR MD /CAP FNO IR 110 MH Z IN 1J 1 nth �_j 'Y Oe�� I ..hpy RIM i2♦,35 Nh .�p'1 FN0 RR sp W/CAP G) _ J--"\ A`�'"�f1nL L.n,iL v f 17,JM' J�e��� 'Lb `M1't"' * • AC" 1 E D � 4 -- �V1•-T �A.1j�7 n`i� CLD �OJR�'QYiQf P'M1� AN�p I /ITCH i' J J, EYr 1r SPI L.65.31 ' I I 6 I ' ;Q' I a P. ESMT. I I fy�� 4•� I I TOUR 20' AERIAL ESMT. o = 1a GUY ESMT. I, M1y 39:85E 4._ 407 Ii II E�-I2"e�s�e►eeM14 407.57 03522 $0'04 1 hhh �M1) K ' , CO ESy,t _ . _ - i I i � 1 I 1 ! v ,M14A. a '1 EXXON PIPELINE 1115431 V ~� 1 11 �W (E_067e45 a . 1/9" M WIC ry l _4r N +q �.V,50 20.P.teS HCOR) /llb !P 1 �I' I S.F. 4' '^ I II ROADWAY 9.750EASEMS.F.) EDICATED 42` _ 7,U �• I WBT'1IIIULT - - - I _ FACT Y'•11'b__ N- ^11;� BY SEPARATE INSTRUMENT p �yBSIW .Se q4 4 23{DO (U-0721091 M1M1' TRACT' �'1' o G ry' I I 23.91 i r TOE � 0� ' SAN ! ,Vr g'J SCAPE ESMT.(F GN37p10) �- I II IF�ie"Ii`tz rz �. ?'Gi _ TRACT 1-zzoe s.F M1 I= TO: DON TUFFLI BAYPORT NORTH INDUSTRIAL PARK, L.P CHARTER TITLE COMPANY ............. MATHIS q 4517 9�%c F,ssto�b4 01-29-2001 DATE - - - - - - - - - - i s• 56 LN'ID '! ry1, ( IFl.e'5-14.71 Da .p 10 I 1 1 METES h BOUNDS DESCRIPTION q • TOE SEW * M1ry 23s'=to.rUNIT I y�I tic 5.1853 ACRES BEING OUT OF tic T 7_.�� 0' WATER LINE ESMT. N BE MAIN I I c+, +O I e w RESTRICTED RESERVE 'A" +A tom- (F.C.W437m0) I,�p I I I W�c } _.. � I Ili! SWOT J ! I BAYPORT NORTH INDUSTRIAL PARK j �-.�- yM11 I P_ '- - - _ - AFnC 9GN +gyp'` HARRIS COUNTY. TEXAS ELEAll that certain 5.1853 acres of land being out of Restricted Reserve "A", Bayport -,.; ' +I''`- 'F'r I E c TP ;/RI Rs c'`O M1}® North Industrial Park according to the plat thereof filed of Film Code No. 437010, ! Harris County Mop Records, also being out of that certain called 110.533*4 acre S.W.eT. ESMT. ` I I I BURIED ABLE MRKR ! 1 tract of IanO described in a deed dated 11-08-1999 from Don L. Tufffi, Trustee to w IT TRACT I-2,2oe s.F.(T-sleae) I r I Bayport North Industrial Park, L.P. filed for record in the Official Public Records _ TRACT 2- S.F.(1 slsos5) I I �j I I of Real Property of Harris County, Texas, at Clerk's Flle hi U-074535. Film a> 0 TRACT 3-e59 AF. T-91BOe0 I Code No. 529-10-2591 being more particularly described by metes and bounds as follows: TB BEGINNING at a found 5/8" iron rod with cap located in the south right-of-way line of Fairmont Poly (250' wide) at its intersection with the west end of a 20' cut back line for the west right-of-way line of Underwood Road (50' wide), and M1ti I I 1 I being the northerly northeast corner of said Reserve "A"; r 1 THENCE S 51• 55' 14' E - 25.71', with the said cut back line, to a found 5/8" RESIDUE OF 110.5334 ACRES * M1M1 I I I 1r) I I ! iron rod with cap for comer; M1} DON L. TUFFLI, TRUSTEE I. Z ! I j I I I I ( •^� ! \} I THENCE S 01' 56' 14" E - 509.80', with the said west right-of-way line to 0 TO 9 M1 d found 5/8" iron rod with cap located in the north right-of-way line of New Century BAYPORT NORTH INDUSTRIAL PARK, L.P. NI u I I I W ,yN G'i' �M1} f 3 Drive (60' wide) of its intersection with the east end of a 20' cut bock line, and U-074535 529-10-2591 m W m E I I I ` ° STORM M.M. I ° being the northerly southeast comer of said Reserve A'; 11-08-1999 o I� 5.1853 ACRES , INLET I , aM-23.66 I o / C J RL1-z3 T I FL24 w-1s'5e THENCE S 42• 28' 18" W - 28.58', with the said cut tack line, to a found 5/8" I B FL24"E-Illi h� B I I FL24"S- 9.48 ! iron rod with cap for comer; (225,870 S. F.) RW-19.se a 1 In TEx PAINT M 1 I FL1s'E-19.4s "BB' INLET < THENCE S 86• 52' 50" W - 410.00', with the said north right-of-way line to a set 2 p Till 1 I p TC -23.49 5/8" iron rod with cap for corner; a j (VACANT) M1 / M1M19 I I ��� Ys G -22.BD I �' N ^p FIiB 2.90 0 N I G M1 *M1} I p / 1 THENCE N OS 07' 10" W - 495.54' to a set 5/8" iron rod with cop in the said I u n _ I M1M1 4, south right-of-way line of Fairmont Parkway, being a point on a curve to the left z 1 a o �� BERM M1M1I '� ' i ,@ i ! 1 I 3 I I Cto I having a central angle of 03' 59' 22", a radius of 5,854.58' and a radial bearing M1 I I I of N 07• 55' 40" W; RESTRICTED -� _ 1B I I I Ivb I! I RESERVE "A " I TOP BERM p \. , <10et;.,4 � ^� �'i `� f° i TaH � M1 � I I `�' I THENCE continuing in o easterly direction with the said south right-of-way line (r M1 TB s ff M1 a a M1 R 1 I I I I on arc distance of 407.65', to a point morkinq the end of the curve, from which a (RESTRICTED lcT� o DITCH M1M1-�� r I 1 ( Q ti I I found copperweld 1 3173 bears, N 62' 51' 13" W - 0.33'; INDUSTRIAL USE) M1M1. - _ M1M1ij TB I b ` WtI '� s� I }M1p0 'M1yM1 I I �� THENCE N 78 05' 34" E - 17.09', with the said south right-of-way line, to the 25.5 ACRES } } to R 1 I I o t`o L0 I I I \ I POINT OF BEGINNING and containing 51853 acres (225,870 square feet) of v M1M1. sI M1M1' 1 1 land, more or less. (1, 108,965 S.F.) xI Isl �4 �W� ENTEX PAIN MARK I I t&5 111 o n1 M1M1v M11 i 4 I I I G I LAJ ? I ; I $ 2 e1Q 1 I I I R7NA-73.l I M1 -F M1 M1N I 1 1 V FL24'N-19. I R'+ G 11 ��• ??�R1B"E-19. I 7i 1 I I 41 , III = tiya I A I 1 7.0 I3eu1:V.592O.P.165 HCDR)_- 0' G so B.L c-aeeso-- - uFT E All /PSTADON �bM1 ITIC _I 7LOCKED-i- LOOKSHUT "' M"N_P CS.DJ o�fi' I I Rle"W219.21 j %2' INLET FLJ•5-P 'N B.! I ry. /l ^C' I TC -22,70 IV SANITARY SEWER ESMT(F.C./4317010) FLB`w-P "`!ll� P w/ SA T' SAH MH \tire - - --FL24"SO B 40- 15' AEPoAL ESML(EGN37010) - _. - - - a - - - - - -'O 7Ei ENTEX PAINT MARK,y j,' 11 'C2' INLET (N.F.L.) 3' _ - --- �y Cr„� TC -22.12 FLB"W-4 _ _ . `p - - - - - - - - - - -per �J• G -2t.N f1X1:-o _ 1•0 - _ ._ - - ._ _- -.- �- � vV•`��' G ^ � 50` � � "' fI I PP ./ S/L •'L p1 I ! ! I CS I }7 1 arrl �p .My .� 1fi♦ ^G'. •N� /�.1. I I G ,yN M1M1„9 �.t+0M10 j U�syj�/.. PP ./ S/L M1b M1'i3 M1ryN� G Pp ,N','{}' \Gi ,'o G I I ♦ y I -GIN t _ _ - - - __. -.- t -- M1M1 `'d' ,�'•° ; L'tiM1h M1bb S V i M1ti � ' do ,VM1. NEW CENTURY DR�V€ i60 R) a� M1 I ^G tiM1\ p ^G M1np G M1 CONCRETE PAVEMENT iM1ry e'' J V ENTEX PAINT M V� G M1ti *M1 CONCIt '1yM'1yV' ° °' 'l� 7 '�' I ! V •j I pf+V M1iM1� G^4 M1 C SIGN O •T' > G J ___ -11 I 2 A G\G M1M1y-e wAERUNE _ _---------- 1 M1cfl41, I I I M1I - - - ---- - s1RMM.N c I �Trt - _ _ _ - - - - jO• WATER LINE ESML(F.C.+H370/0) RSA-23. 46 I ! ! 1' O G\G - - - - - - - - - - - FL24•N-1e.96 I 4 ( ! _ -- - .-' '- - - - - ._ - STORMM H FL24W-18.96 I P C2' INLET - --- - - - - -- _---- 'c �%6 na2N24�01 �Iq 1 I M.H. "TC -22.01 G -2 . - • I `•mil y I I I lC' I I j C2" INLET FL24"N-18.16 FL24"E-17,e1 I G -.. -p- - RIM-22.08 R24"S-1e26 FL30"W-17.e1 'b. FL24"N-17.1s G-21,R217.11 - - _ - - - -- /P FUO"E-t 7.08 31 n.24i-17.- s rwe"w-le.ee - - B.L.(C-Ose907,L1-1]e141, Y.5920.P 165 HCOR) 1 1 I I I 1 1 JUF 4517 N. M. MATHIS R.P.LS. NO 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) "X", 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 COVENANTS.(V.5920,P.165 AMENDED IN V.8470,P.238 HCDR;D-876057, H-111543,U-138141;F.C.j437010 HCMR, 5. UTILITIES SHOWN HEREON ARE BASED ON CITY OF LA PORTE AND UTILITY COMPANY DRAWINGS WITH FIELD TIES TO EXISTING SURFACE FIXTURES. ALL UTILITIES SHOULD BE FIELD VERIFIED PRIOR TO CONSTRUCTION. 6. SITE SUBJECT TO ENVIRONMENTAL STANDARDS FOR THE INDUSTRIAL AREA KNOWN AS *BAYPORT'', HAIRS COUNTY, TEXAS, RECORDED UNDER V.5920,P.165 AMENDED IN V.8470, Fil HCDR., AND BY D-876057. 7. SITE SUEkECT TO A COVENANT AND AGREEMENI NOT TO DRILL OR OPERATE OR CAUSE THE DRILLING OR OPERATION OF ANY WATER WELL ON THE SUBJECT PROPERTY, UNLESS AS OTHER- WISE PROVIDED THEREIN, AS RECORDED UNDER H-111543. B. SUEbECT 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 PROMSIONS SET FORTH W SEC. 49.452 VT.C.A. WATER CODE, VHCH NOTICE MUST ALSO BE SIGNED AND ACKNOWLEDGED BY THE PURCHASER AND SUBSEQUENTLY THERETO MUST FILED FOR RECORD 9. STE SUBJECT TO ANNUAL MAINTENANCE CHARGE PAYABLE TO BAYPORT INDUSTRIAL ASSOCIATION IN INSTRUMENT RECORDED UNDER V.5920, P.165 HCOR. 10. SITE SUBJECT TO TERMS, CONDITIONS, PROVISIONS, AND OBLIGATIONS OF GRANTEE THEREIN TO PERFORM CERTAIN COVENANTS AS SET FORTH IN INSTRUMENT RECORDED UNDER H-111543. 11, SITE SUBJECT TO ANNUAL MAINTENANCE CHARGE. PAYABLE TO BAYPORT INDUSTRIAL PARK OWNERS ASSOCIATION IN INSTRUMENT RECORDED UNDER U-138141. L"o ` JIB REVISED: 01-29-2001 REVISED: 01-22-2001 PREJEAN & COMPANY, INC. 9324 WESTVIEW DRIVE HOUSTON, TX 77055 surveying / mapping 713-467-MAPS LAND TITLE AND PARTIAL TOPOGRAPHIC SURVEY 5.1853 ACRES BEING OUT OF RESTRICTED RESERVE "A" BAYPORT NORTH INDUSTRIAL PARK FILM CODE NO. 4J7010 H.C.M. R. HARRIS COUNTY, TEXAS DATE: 01-17-2001 SCALE: 1 " = 40' OB No.: 256-1 -13 G. F. NO.: 01170015 CHARTER TITLE COMPANY