HomeMy WebLinkAbout2007-IDA-137 Hydro-Fairmont Real Estate LLC p.
NO. 2007-IDA-1 '
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 corporation of Harris County,
Texas, hereinafter called "CITY", and Hydro-Fairmont Real Estate LLC 11802 Fairmont Parkway
, a 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 tho later provisions of this Agreement, City does further
covenant, agree and guarantee that such industrial district, to
the extent that it covers said hand lying within said District and
not now within the corporate limits of city, shall be immune from
annexation by City during the terns hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all hand, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivioions 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 eonatituting 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
hereofl 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 Telae
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 Texan 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 Appraiaal District has no authority to
appraise the Land, improvements, and tangible personal propert in
the unannexed area for the purpose of computing the "in ITeu"
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 Barris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes,
zzz,
A. The properties upon which the "in lieu of" taxes are asaeoaed
are more fully described in subsecti.ono 7., 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property") ; provided, however, pollution control equipment
installed on the sand 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 valorein 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 of before each December
31st thereafter, through and including December 31, 2019, Company
shall pay to City an amount of "in lieu of taxes" ori Company's
Property as of January lot of the current caleftdar year ("Value
Year") .
C. Company and City agree that the following percentages
("Percentage Amount") shall apply during each of the Value Years:
Value Year 2008: 62�
Value Year 2009: 62�;
Value Year 2010: 62�
Value Year 2011: 629s
Value Year 20121 62%
Value Year 207.31 M
Value Year 2011: 63%1-
Value
3�Value Year 20.151 63%
Value Year 201.G: 63
Value Year 20171 G3%,
Value Year 20181 63$
Value Year 20191 639.
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 sunt
of-
3
� . 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
sante on January 1, 2007, resulting .from new
construction (exclusive of construction in
progress, which shall be exempt from taxation) ,
for each Value Years following completion of
construction in progress, an amount equal. to
Twenty-five percent (25.9u) , it construction 3.0
completed in Value years 2008 through 2013; and
Twenty percent (MO , 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.
xn the case of new construction which is completed
in Value Year 2016 or later, and provided.,
Nrther, that City and Company enter into an
industrial District Agreement after the expiration
of this industrial District Agreement, then, and
in such events, ouch new construction shall be
entitled to additional Value Years tinder the hew
Agreement at a Twenty percent (20t) 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 1roperty
(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 (50) 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
Por 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 i.nventory) , 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,
2000, 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 'fax 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
1.1,251 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 purposeu of this Agreement; unless
the City Counei.a. 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
S. city and Company acknowledge circumstances might
require the City to provide emergency services to
Companylo property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and publicworks emergency services. If
Company is not a member of Channel ]Industries Mutual
Aid Association (C1MA) , Company agrees to reimburse
City for its coats 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 LIMA, the obligations of Company and City
shall be governed by the CIKA agreement, to which
agreement City is a party,
1:V,
This Agreement shall extend for a period beginning on the lot 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 Acts 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 ].and, Company will waive the right to require City to
comply with any such additional restrictions or obligations and
the rights of the parties shall be then determined in accordance
with the provisions of said 'Texas Municipal Annexation Act as the
same existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI,
A. 2n 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 fvr any year or years during the terms
hereof, nothing in this Agreement shall preclude ouch protest and
6
i
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 VX(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 no 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: wi.thin
such time period, the appraisal made by said independent appraiser
ahall 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 otatement
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 "9.n lieu" purposes hereunder. . Zf, 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 x of this Article
VI W .
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 Hoard 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 1.0 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 Mole issue to be determined in the
arbitration shah, be resolution of the difference
between the parties as to the fair market value of
Coltlpany'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
Arbitratibn", Texas Civil practice and Remedies Code) .
Coots 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 peroQnal
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 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
a
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,
X1.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate,
X11
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
6104 West Fairmont Parkway
,,���,a,.lPorte, TX 77571 I
To Company: Au�~ - VM ' J Q�)f
)) (COMPANY)
Attention: ���� yY/1� Department
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 t I I
Address t '&..v
?10' 1
Phone: �� - 7--'10y►
Fax. "7131 1319
Email: c►-Vm% ev ' c , c4L1� "
'rax Agent/Billing Contact
Name,, n l Y►tvy &J lvlu✓
Address. f-9-ntn� IcW+ _
1, vs -V041 r
Phone;
Fax; - h
Emai l t L54n�6 d QST - c ,ro•,�
ENTERED INTO effective the let day of LTanuary, �J2008.
(COMPANY)
By: �f -
Name t ovcnl
Title t
Addresao n�
A STt CITY
By.
15 ty Secretary I,o is R, Rigby
Ma or
APPROVT:
tLrj/ By;
.Mo)6'W. Ask ns r Corb Alexander
City Attorney City Muchager
City of La Porte
P.O. Box 7 216 CITY OF LA PORTE
La Porte, TX 77572-1218 6o4 West Fairmont Parkway
281.471.1806 La Porte, TX 77571
281,471,2047 fax
knoxaskinsocomcast,net
10
STATE OF TEXAS '
COUNTY Or HARRIS '
This instrument waw acknowledge ed before me on the J'3 day of
-kav% , 2015, by r2i l( , ai&.W ✓ —
o corporation, a corporation,
on behttlf of said entity, / Y
Not ry •Public„ Stat of Texas
CYNTHIA J SPENCER
My Commission Expires
February 2,2019
a"E CW
•
STATS OF TEXAS '
COUNTY OF HARRIS '
Thi 'nstrument. was acknowled ed before me on the 4day of
�.^ g
Se D i'�20by Louis R. Rigby, Mayor o the City of La
Po L-e, a municipal corporation, an behalf Maid entity.
vU
o ary Public, State of 'Texas
X01
"Ry PV�•
YVO NNE GARRISON
My Commission Expires_
October28;),2017
•
�.'1
Vigavl Realty,LLC Richard Pearsall 1/3 League
Fairmont Parkway Combined Lots 2 and 4 Abstract No,625
3.127 Acres
STATE OF TEXAS §
COUNTY OF HARRIS §
A METES&BOUNDS description of a certain 3,127-acre tract of land situated In the Richard Pearsall 1/3
League, Abstract No, 625 In Harris County, Texas, being out of Restricted Reserve "C", Block 2 of
Amending Plat,Goodyear Bayport 2003 Partial Replat as recorded in Flim Code No,631010 of the Harris
County Map Records conveyed to Vigavl Realty, LLC by Special Warranty Deed recorded in Cierk's File
No. 20110428824 of the Harris County Offlclal Public Records of Real Property; said 3,127-acre tract
being more particularly described as follows with all bearings being based on a call of North 86.52'36"
East along the north line of said Restricted Reserve"C",-
COMMENCING
C";COMMENCING at a found 5/8-Inch Iron rod being the northwest corner of said Reserve, being In the
south right-of-way line of Fairmont Parkway;
THENCE, South 01°00142" East, along the west line of said Reserve, 339.00 feet to a 5/8-I11ch Iron rod
(with cap stamped"Cotton Surveying")set for the POINT OV BEGINNING of the herein described tract,
from which the southwest corner of said Reserve bears South 01°00142" East,489,00 feet,and From said
southwest corner a found 5/8-Inch iron rod bears South 62°East,0.14 feet;
THENCE,North 88°59'18"East,551,47 feet to a 5/8-Inch Iron rod(with cap stamped"Cotton Surveying")
set for corner;
THENCE,South 01°00'21"East,247,00 feet to a 5/8-inch Iron rod(with cap stamped"Cotton Surveying")
set for corner;_
THENCE, South 88°59'18" West, 551,45 feet to a 5/8-Inch Iron rod (with cap stamped "Cotton
Surveying") set for corner in the west line of said Reserve, from which tile southwest corner of said
Reserve bears South 01°00'42"East,242,00 feet
THENCE, North 01000'47." West, along said west line, 247.00 feet to the POINT OF BEGINNING,
CONTAINING 3,127 acres of land In Harris County,Texas as shown on Drawing No.9117 in the offices of
Cotton Surveying,Houston,Texas,' ,
J.M.Dl:tl�l Y
5414 ,r`+•'..'.
Cotton Surveying Company U'9�;pF4najO -0�y
6335 Gulfton,Suite 10.0 4ActBY/Through James Micha I D� rw! .S U HUHouston,TX 77081-1169 d Professional Land Surveyor ~: s
(713)981-0275 No,5414
Tevs MDenney@)onescarter.com
Wsg1wratton Mo,10046100
Pr\PROJECT5\02774•Vigavl Realty,LLC\6002.03 Folmont PaIk%VayALTA-Topo\$vrveyVe83l Dosc\tot 2 and 4.3.127 Ac.doc
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Page 1 of 3
RULES AND REGULATIONS
Any portion of hand constituting a strip of land 100) wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 196 shall be subject to the following rules and
regulations pertaining to new signage, sareeninq, driveways and
median croasovers. These rules and regulations shall apply after
the effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit: °A°
which is adjacent to Fairmont Parkway, State Highway 225, or. Stake
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
cl_ one freestanding identification sign shall be permitted
for each side of an industrial establiAhment that:
fronts on an improved public right-of-way.
(4 Freestanding identification signs for single tenant
buildings Ahall not exceed 150 square feet in area,
(Z one freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
¢ Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
a Freestanding identification signs shall not exceed 45
feet in height,
a 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 501 of said strip beyond any existing pipeline
easement contiguous to either Vairmont 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 on,
screening
of the development, existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
14
"EXHIBIT Cit
Page 2 of 3
b) The use of: earthen berms with approximately 3:3. side
slopes, 50 ' wide at the base and 81 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
ri.ghto-of-way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items b and c above, the .actual length of required
screening along the roadway will be equal to the length of:
the new development that is parallel to the roadway.
Screening shall not be required for new development that is
to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement- and
shall be kept free from any improvements except for approved
driveway access and identification signs.
For cases of new development or improvements where a 501
landscape easement is not available or practical, Company
shall meat 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 (1o' ) wide pedestrian and bicycle easement,
extending along Company's Fairmont parkway boundary,
within the fifty foot (501 ) landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
3 , Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the s:ule€s 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.
"EXHIBIT Cir
Page 3 of 3
4, Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration Janes,
S. Installation of a median crossover on Fairmont Parkway shall
be subject: to the approval of both Harris County and City,