HomeMy WebLinkAbout2007-IDA-131 Clark Freight Lines IncNO. 2007-IDA-_]31
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal cor oration of Harris County,
Texas, hereinafter called "CITY", and �.L, t FPFAK-111- Xi►C,
, a 7'rX14.S __ corporation, 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 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 owner 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 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 1, 2007
1
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:
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 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:
620
Value
Year
2011:
620-t
Value
Year
2012:
6216,
Value
Year
2013:
6211
Value
Year
2014:
630
Value
Year
2015:
630
Value
Year
2016:
630
Value
Year
2017:
630
Value
Year
2018:
630
Value
Year
2019:
630
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 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& following completion of
construction in progress, an amount equal to
Twenty-five percent (250), if construction is
completed in Value years 2008 through 2013; and
Twenty percent (202k), 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 (20a) 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 (59.) 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 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.
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. 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 LIMA 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.
9M
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 therefore 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
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.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
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: L'GARK R?Et6 r Gwr-rc . 'ye,
(COMPANY)
Attention:Z>)JwQ SC{-h quTZ Der *t-R; _nt
691 Co 6- -15-0
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:
9
Plant Manager
Name: i RVIJO S'G u,T'L
Address: c S S
ADFivA Ix 77SO 8
Phone: 3160
Fax:
Emai 1 : DAyyn L �Rek FrQF-��is1T, GO�'1
Tax Agent/Billing Contact
Name: .q r /960VE
Address:
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2008.
044,eC FRF-le;w- lIArrs
(COMPANY)
By: r
Name
Title: 6;p,v rraR.
Address : P p, /3OX
Pf,LJ14,OF.v�9 �' 7 75Z7 Q
AT ST:
r
By:
City Secretary
APPROV
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
By: Ot/-�n -
. KLLJ� -
orb Alexande
City Wanager
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
10
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the )9 4aay of
N)N''t^6e2 2012, by b4cj utiAU7L
of L' larY eF)aj Lt r.1 Es corporation, a rt-,� q c corporation,
on behalf of said entity.
lj� I f V�4 4 �—
Notary Public, State of Texas
0.7 P4DEBORAH G. MELLON
Notary Public, State of Texas
'- '• ` My Commission Expires
August 25, 2013
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the �day of
20L,.� by Louis R. Rigby, Mayor of the City of La
Porte municipal corporation, o behalf of said entity.
PATRICE FOGARTY
a' Notary Public, State of Texas Notary Publi , State f Texas
My Commission Expires
December 28, 2013
11
"EXHIBIT All
(Metes and Bounds Description of Land)
12
20120536616
n..l .
11/19/2012 ER $24.00
WD.
WARRANTY DEED � T DOCUMENT HAS BEEN
WITH VENDOR'S LIEN IN FAVOR OF MORTGAGEE >/
["TRONICALLY RECORDED
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
PROM ANY INSTRUMENT THAT TRANSFERS AN IN'PEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL.
SECVIRITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Tyk STATE OF TEXAS §
(sAUNTY OF HARRIS §
THAT THE UNDERSIGNED, THOMAS C. BEDFORD, a married man, not joined herein by his spouse as
the property described herein constiode$ no partof theirbusiness or residential homestead, (herein called "Grantor'),
for and in consideration of the sum of $10.00 cash and other good and valuable consideration to Grantor in hand paid
by CLAW FREIGHT LINES, INC., a Tenn corporation, (herein called 'Grantee% whose address is 5129 PINE
AVEN[ij'.; PASADENA, TEXAS 77503-373D, the receipt of whirl[ is hereby acknowledged, and of further
consideration of the execution and delivery by Grantee of that one certain promissory Note of even date herewith, in
The principo sumbfTHREE HUNDRED TWENTY THOUSAND AND NO/110(S320,000.00) DOLLARS (herein
called the ` Note" ), payable to the order of CAPITAL BANK (herein called "Mortgagee'), bearing interest from date
at the rate specified, and containing provisions for adomey s fees, Mortgagee, at thgspecial instance and request of the
Grantee, advanced the sum of said Note as part purchase price for The Land herein conveyed, the receipt of which is
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hereby acknowledged, Mortgagee is hereby subrogalod to all of the rights of Grantor herein; the Vendor's Lien and
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superior title is hereby expressly transferred to and retained in favor of AMIlgegee to secure the payment of the Note,
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the same as. if Mortgage wasthe Grantor herein; theNote is further andadditioodly accrued by a Deed of Trust of even
t:
dateherkvidihbotGmeteetoPAULF.MAAZ TRUSTEE.cooteiaingprovisions forforeclosurcunderpowerofsele,
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io whdcD reference is here made for all purposes;
00:RAVE
GRANTED, SOLD ANDCONVEYED, andbythesepresents dDGRANT, SELL ANDCONVEY unto
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Gtantee all that certain trap or parcel of land and all improvements located thereon (herein called "The land"), morn
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particularly described is follows: ,. .
UJ
19170 ACRES OF LAND (CALLED 1.9217); BEING OUT OF THAT MRS. J. W.
CO!PELAND 6.2404 ACRE TRACT R4 THE ENOCH BRINSON LEAGUE, A 5, HARRIS
- COUNTY, TEXAS; SAID 1.9170 ACRES OF LAND BRING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF:
The conveyance is madeand accepted subject to the following matters, but only to the extent they are in effect
at des time. and only to the extent that they relate to The Land: The lien for current ad valorem taxes and maintenance
assessmerfs f arry): of in default, land user restrictions, deed restrictions, covenants, casements, outstanding mineral
reservations, lights androyalties,ifany,shown ofrecord insiteabovementionedcountyand state, and toall zoning laws,
regulatiofts and ordinances of mtmicipal and/or other governmental authorities, if any, to which The Landis subject
To have and to holdThe fandtogetherwith all rights and appurtenances tbereto in atrywisebelonging, subject
m jha:faregoingterms, untor nnteedmkbeh, executors, adrniniahatrns, petsond andlegd ropreeentetivee suceesson
slid :'assigns forever,and Grantor does hereby bind themselves, their Heirs, executors, administrators, personal and legal
represertt8t)ves,'suecessors and assigns to warrant and forever defend The Land subject to the foregoing tetrrs unto
GTathtee; their heirs, executors, administrators, pasonl and legal representatives, successors and assigns, against every
person and entity whomsoever lawfully claiming or to claim the same or any part thereof.
OUT IT IS EXPRESSLY AGREED AND STIPULATED that the VENDOR'S LIEN, including the
SUPERIOR TITLE, is retained against The land in favor of Mortgagee, its successors and assigns, until the Note and
all accrued inictest thereon, and all renewals and/or extensions thereof; togetherwith all interest thereon, is fully paid
according to its face and tenor, effect and readmg, and together with all additional sums which may become due and
payable by, the terms of said Note and%or by the terms of the aforesaid Deed of Trust, when this Deed shall become
hbsdlnte; Ant Grantor herein transfers unto said Mortgage, its successors and assigns, the Vendor's Lien and Superior
TiiletaThe [and, in the same mmmaand to the same extent as ifthe Note had been payable to the order ofGrantorand
by said Grantor assigned to said Mortgagee without recourse.
Whenever used In this document, unless the context clearly indicates a contrary intent or unless otherwise
specilioally provided hereK thepronouns of any gender shall include tbo other genders, including the neuter, and either
the singular,br plural shall include the other. +� �n 'a • I 31
l Q/�T
WARRANTY DEED
WITH VENDOR'S LIEN IN FAVOR OF MORTGAGEE
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS
COUNTY -OF HARRIS
THAT THE UNDERSIGNED, THOMAS C. BEDFORD, a married man, not joined herein by his spouse as
the property described herein constitutes no part of their business or residential homestead, (herein called "Grantor"),
for and in consideration of the sum of $10.00 cash and other good and valuable consideration to Grantor in hand paid
by CLARK FREIGHT LINES, INC., a Texas corporation (herein called "Grantee"), whose address is 5129 PINE
AVENUE; PASADENA, TEXAS 77503-3730, the receipt of which is hereby acknowledged, and of further
consideration of the execution and delivery by Grantee of that one certain Promissory Note of even date herewith, in
the principal sum of THREE HUNDRED TWENTY THOUSAND AND NO/100 ($320,000.00) DOLLARS (herein
called the "Note"), payable to the order of CAPITAL BANK (herein called "Mortgagee"), bearing interest from date
at the rate specified, and containing provisions for attorney's fees, Mortgagee, at the special instance and request of the
Grantee, advanced the sum of said Note as part purchase price for The Land herein conveyed, the receipt of which is
hereby acknowledged, Mortgagee is hereby subrogated to all of the rights of Grantor herein; the Vendor's Lien and
superior title is hereby expressly transferred to and retained in favor of Mortgagee to secure the payment of the Note,
the same as if Mortgagee was the Grantor herein; the Note is further and additionally secured by a Deed of Trust of even
date herewith from Grantee to PAUL E. MAAZ, TRUSTEE, containing provisions for foreclosure under power of sale,
to which reference is here made for all purposes;
" HAVE GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
Grantee all that certain tract or parcel of land and all improvements located thereon (herein called "The Land"), more
Particularly described as follows:
L9170 ACRES OF LAND (CALLED 1.9217); BEING OUT OF THAT MRS. J. W.
COPELAND 6.2404 ACRE TRACT IN THE ENOCH BRINSON LEAGUE, A-5, HARRIS
COUNTY, TEXAS; SAID 1.9170 ACRES OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS ON EXHIBIT "A" ATTACHED HERETO AND
MADE A PART HEREOF.
The conveyance is made and accepted subject to the following matters, but only to the extent they are in effect
at this time and only to the extent that they relate to The Land: The lien for current ad valorem taxes and maintenance
assessments (if any) not in default, land use restrictions, deed restrictions, covenants, easements, outstanding mineral
reservations, rights and royalties, if any, shown of record in the above mentioned county and state, and to all zoning laws,
regulations and ordinances of municipal and/or other governmental authorities, if any, to which The Land is subject.
To have and to hold The Land together with all rights and appurtenances thereto in anywise belonging, subject
to the foregoing terms, unto Grantee their heirs, executors, administrators, personal and legal representatives, successors
and assigns forever,.and Grantor does hereby bind themselves, their heirs, executors, administrators, personal and legal
representatives,`successors and assigns to warrant and forever defend The Land, subject to the foregoing terms, unto
Grantee; their- heirs, executors, administrators, personal and legal representatives, successors and assigns, against every
person and entity whomsoever lawfully claiming or to claim the same or any part thereof.
I3UT IT IS EXPRESSLY AGREED AND STIPULATED that the VENDOR'S LIEN, including the
SUPERIOR TITLE, is retained against The Land in favor of Mortgagee, its successors and assigns, until the Note and
all accrued interest thereon, and all renewals and/or extensions thereof, together with all interest thereon, is fully paid
according to its face and tenor, effect and reading, and together with all additional sums which may become due and
payable by the terms of said Note and/or by the terms of the aforesaid Deed of Trust, when this Deed shaii become
absolute, and Grantor herein transfers unto said Mortgagee, its successors and assigns, the Vendor's Lien and Superior
Title to The Land, in the same manner and to the same extent as if the Note had been payable to the order of Grantor and
by said Grantor assigned to said Mortgagee without recourse.
Whenever used in this document, unless the context clearly indicates a contrary intent or unless otherwise
specifically provided herein, the pronouns of any gender shall include the other genders, including the neuter, and either
Vie singular or plural shall include the other.
i
f rantee joins in the execution of this Warranty Deed fo. the purpose of accepting delivery hereof, and to
ackn6w1edge, consent and agree to the terms and conditions of this instrument.
1 All ad valorem taxes and assessments on the Property have been prorated between the parties hereto as of the
dafe (if this Deed, and Grantee assumes liability for the payment thereof and for subsequent years.
► .EXECUTED THIS THE j day of NOVEMBER, 2012.
GRANTOR:
G
THOMAS C. BEDFORD
GRANTEE:''
CLARK FREIGHT LINES, INC., a Texas corporation
RQNEIL'T. CLARK, PRESIDENT
THE STATE OF TEXAS §
BOUNTY OF HARRIS §
L
► This instrument was acknowledged before me on the day of `— A.D., 2012, by
THOMA$;C. BEDFORD.
LESLIE HAIRS
Notary Public, State of Texas '
My Commission Expires
January 16, 2015 NOTA PU TEXAS
THE STATE`OF TEXAS §
COUNTY OF HARRIS §
► This instrument was acknowledged before me on the day A.D., 2012, by
RONEIL T. CLARK, PRESIDENT of CLARK REIGHT LINES, INC., a Texas corporation, in the capacity
therein stated and on behalf of said corporation.
v LESIIt HAIRSTON OTARY PUBLIC, STATE OF TEXAS
i> V.
Notary Public, State of Texas i
My Commission Expires
January 16. 2015
EXHIBIT "4"
1.9170 ACRES OF LAND (CALLED 1.9217);BEING OUT OF THAT MRS. J.W.
COPELAND 6.2404 ACRE TRACT IN THE ENOCH BRINSON LEAGUE, A-5, HARRIS
COUNTY, TEXAS; SAID 1.9170 ACRES OF LAND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" Iron rod set on the Northerly right-of-way line of said STATE
HIGHWAY 225 (as same Is now constructed after widening) Its intersection with the East
line of a 6.4204 acres tract described in QUIT CLAIM DEED from W. EVERETT DUPUY
TO J.W. COPELAND, et ux., dated 6-13-49 and recorded In Volume 1933 at Page 246 of
the Deed Records of Harris County, Texas;
THENCE, N60°59'00"W, with the Northerly right-of-way line of said STATE HIGHWAY
225 along the North line of a tract described in right-of-way Deed from JOHN W.
COPELAND JR. et. al. to the STATE OF TEXAS dated 5-5-66 and recorded In Volume
6472 at Page 198 of the Deed Records of Harris County, Texas, a distance of 596.56
feet to its Intersection with the North line of said J.W. COPELAND 6.4204 acres, where a
4-inch concrete right-of-way marker is found for corner;
THENCE, S87" 57'05"E (called 87°49'30"E) with the North line of said J.W. COPELAND
6.4204 acres and South line of a 69.248 acre tract now or formerly owned by D.R.
CALDWELL et. al. 621.39 feet (called 621.53) to a 1/2 Inch iron rod set in concrete for
Northeast corner of said J.W. COPELAND 6.4204 acres, Northeast corner of this tract
and Northwest corner of a 22.61 acre tract now or formerly owned by W. EVERETT
DUPUY according to Deed recorded in Volume 1932, at Page 515 of the Deed Records
of Harris County, Texas;
THENCE, S19°36'48"W (called S20° 30'12"W) with the dividing between the J.W.
COPELAND 6.4204 acres and W. EVERETT DUPUY 22.61 acre tract a distance of
283.76 feet to the POINT OF BEGINNING of the herein described tract and containing
within these called 1.9170 acres or 83506.15 square feet of land.
0 20120536616
CV # Pages 4
' 11/19/2012 13:11:12 PM
LO a -Filed & e-Recorded in the
' Official Public Records of
00
M HARRIS COUNTY
C) STAN STANART
W COUNTY CLERK
W Fees 24.00
RECORDERS MEMORANDUM
This instrument was received and recorded electronically
and any blackouts, additions or changes were present
at the time the instrument was filed and recorded.
Any provision herein which restricts the sale, rental, or
use of the described real property because of color or
race is invalid and unenforceable under federal law.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in
File Number Sequence on the date and at the time stamped
hereon by me; and was duly RECORDED in the Official
Public Records of Real Property of Harris County, Texas.
C .7 COUNTY CLERK
NAMU COUNTY, IE%AS
AGGORdtNb TO BLOOD I}I9URfJJG! !lA71: MAP 4ee�,oa
DAT!!D _Q9-�a.ste Tt! XArT Z9 eWWC1W LWM41N ZOM
AND Is NOT IN TNC IW YZAA PLOOC PLAIN. Nils
s Nr Is 5041M ON SCAUNP TNC'LOCATION Of SAID Wild ON
THE ABOVE ROMP0 GED ~ AND IS *OR PLO= PMX@ rE 1NTC ONLY
AND NOT INTMC= TO IDENTTI+Y SPS-111,110 I LOMINS CONDITIONS.
THG UNDC"101420 ZCW FICRGCY CL•RI'MY TF}AT THS PLAT IS
A CORR=T RLPRJ10VITAT'ION Gt A TRUE AND AGOJRAT[ SUMVCf
MADC ON TiiE OrrN UNDER MY EUP111RV10140K AND AT -THE TIME
O►' THIS HURVEY T+MM YCRL` NO ffW~AC+0-EWE OR COWLIOTS
� YIN �R,QRRTY. EUI1LDITb OI7I.AWMw I-W=, exGGTT
-L%/.I/Q�
REFERENCE BENCHMARK:
CITY OF LA FORTE 5URVEY MON. HIS-01
5OUTH/EA5T CORNER OF iNTER5ECTION OF
NORTH 'P' ST. AND SENS RO.
ELEVATION 21.55 (141 16 ADJ) N65
�':j "',:!'. r�t`i<.r.•.iE;��,.-;,,''I .'�1-TW`'S._'iRG _ e • TT/: ..�, .., "i�4'Q%'-51'iT/1=1.'
6.2404`*,'RB RACT 1N- ENOGH HRIN50A1: 46UE,
A-5, HARRI5 COUNTY, TEXAS; SAID IAA AGRE5 Of- LAND ElE1N6
MORE PARTICULARLY DE5GRM BY MVM AND BOUND5 AS FOLLOWS:
BE SINNIN& of ea 1/2" iron rod set on'the Northerly
right-of-way Ilse of said STATE HIGHWAY 225 (as sam !s now
constructed after widening) its Intersaatlon with the East
line of a 6.4204 acres tract described In QUIT CLAIM DEED
from N. EVERETT DUPUY TO JX COPLAND, at vx, dated 6-13-4R
and recorded In Volume, 1933 at Page 246 of tho Deed Fords
of Harris County, Texas;
THENCE, N60°S1q'00"H, with the Northerly right-of-woy Ilho.of
sold STATE HI&HWAY 225 along the Rorth tine of a tract
described In right -of-" Deed from JOHN H. COPM AND .JFk at
al to the STATE OF TEXAS dated 5-5-66 and recorded in Volume
64'72 at Page Iq8 of the Deed Records of Harris County, Texas,
a distance of 5gb36 feet to Its Intersection with the North
line of Sold JA. COPL.AND 6.4204 acres, where a 4-Inch
concrete right-of-way marker is found for corner;
THENCE, 58'T°5"?'05" (called 557°441509 with the North line.
of said J.K COPLAND 63204 acres and South line of a 641-24D
acre tract now or formerly owned by D.R. CAIDHELL at of to a
1/2 inch Iron rod set in eonerot . for Northeast corner of
said J.W. CO.PELAND 6.4204 acres, Northeast corner of this
tract and Northwest corner of a2.61 acre tract now or
formerly owned N H. EVERET.T DUPUY according to Deed
recorded In Volume Ig32, at Page 5-5 of the Deed Records of
Harris County, Texas;
THENCE, 5I9'36'48"W (caliad 520 50'12"W) with the dividing
between the JA. COPLAND 6.4204 acres and K > VERETT DUPUY
22.61 acre tract a distance of 2&3.76 foot to the- POINT OF
5E&INNIN6 of the herein described tract and contalning
within these caliad 1.4170 acres or 6550b.15 square feet 01
land. .
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"EXHIBIT B"
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
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°BEGINNING TRACT
D n'� P01i7� QF .G4.1({ri�tJfi{IJG .TR�CT, 2'.MJD 3 . 6J r •�
s �, Sc7 I /2"' fRdf1` ROR' GtiPPED` NO;'
m ,.ctito',o; hats ; ':_` ;:: z:. ; � _ � •- ...: - - S�3T{5'0T E• � SB'
FExJNR •GONG. MONUMENT
1- 11-t. uv-LL V V V V VY4
nnp://www.ncaa.orgirecoras/cletails.asp-!crypt-/o94%yA%130%94%/ .
Monday, November 26, 2012
i Account Number !Address Owner Name r
13-Digit Number Search
HARRIS COUNTY APPRAISAL DISTRICT
Tax Year: '=T2012 REAL PROPERTY ACCOUNT INFORMATION 8 O
Print E-ma0
0642220000042
iFil` A Protest Similar Owner Name i Nearby Addresses i Same Street Name i Related Map 6155D
Ownership History _
Owner and Property Information
Owner Name & BEDFORD THOMAS C Legal TR ig
Mailing Address: PO BOX 70 Description: STAASHEN
DEER PARK TX 77536-0070 Property 0 HIGHWAY 225
Address: LA PORTE TX 77571
State Class Code Land Use Code Building Class Total Units
C2 -- Real, Vacant 4300 -- General Commercial -- 0
Commercial Vacant
Land Area Building Area Net Rentable Area Neighborhood Neighborhood Group Market Area Map Facet Key reap®
83,504 SF 0 0 9701 0 4027 6155D 540N
Value Status Information
Capped Account Value Status Notice Date Shared CAD
No Noticed 04/05/2012 No
Exemptions and Jurisdictions
Exemption Type Districts Jurisdictions ARB Status 2011 Rate 2012 Rate Online
Tax Bill
None 020 LA PORTE ISO Certified: 08/10/2012 1.355000
040 HARRIS COUNTY Certified: 08/10/2012 0.391170 0.400210 View
041 HARRIS CO FLOOD CNTRL Certified: 08/10/2012 0.028090 0.028090
042 PORT OF HOUSTON AUTHY Certified: 08/10/2012 0.018560 0.019520
043 HARRIS CO HOSP DIST Certified: 08/10/2012 0.192160 0.182160
044 HARRIS CO EDUC DEPT Certified: 08/10/2012 0.006581 0.006617
047 SAN JACINTO COM COL D Certified: 08/10/2012 0.185602 0.185602
Valuations
Value as of January 1, 2011 Value as of January 1, 2012
Market Appraised Market Appraised
Land 31,314 Land 31,314
Improvement 0 Improvement 0
Total 31,314 31,314 Total 31,314 31,314
5-Year Value History
Land
Market Value Land
.f 2 11 /26/2012 4:21 PM
u«tr., I w w w.iicau.urgirecorasi aerai ts.asp'!crypt---/oy4%yA%130%94%/"
Site Unit Size Site
Line Description Units
AOp/pRr
Appr O/R
Total Unit Adj
Code Type Factor Factor
Reason
Unit Value
Adj Price
Factor
Price
1 4300 -- General SF5 SF 83,504 1.00 1.00
0.50
Restr or
0.50 0.75 0.38 31,314
Commercial Vacant
Non-Conf
Buildina
Vacant (No Building Data)
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2 11/26/2012 4:21 PM