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2007-IDA-17 North Bayport Industrial Park II
ORDINANCE NO. 2007-IDA-17 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYPORT NORTH INDUSTRIAL PARK 11, LTD, A TEAXS LIMITED PARTNERSHIP FOR THE TERM COMMENCING JANUARY 1, 2008, AND ENDING DECEMBER 31, 2019, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. North Bayport Industrial Park If, Ltd., a Texas Limited Partnership has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2008, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2, The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 3d day of December, 2007. CITY OF LA PORTE aAU,�7 �. Alton Porter, Mayor ATTEST: la ha Gillet�City,Secretary APPROVED: 4 Knox Askins, City Attorney 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 North Bayport Industrial Park IT Ltd., a Texas limited partnership, hereinafter called "COMPANY", _ W I T N E S S E T H: iMREAS, 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, 2407 i NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: 1. 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 1001 pride 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 Cade, 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 takes 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 unanTexed 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. III. 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 previsions of Sec. 1.1.31 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: 62s Value Year 2010: 62% Value Year 2011: 62% Value Year 2012: 62t Value Year 2013: 62jk Value Year 2014: 63% value Year 2015: 63%- Value Year 2016: 63% Value Year 2017: 63t Value Year 2018: 63% Value Year 2019: 63%; Company agrees to pay to City an amount of "gin Lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum 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 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 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) 4n 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 (251), if construction is completed in Value years 2008 through 2013; and Twenty percent (20%-), if construction is completed in Value years 2014 through 2 019 , 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 2015 or later, and provided, further, that City and Company enter into an Industrial District Agreement after the expiration of this Industrial district Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser- of either: i. at least Five percent (5*) of the total appraised value of Land and improvements, on January 1, 2007; or 11. 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), ail, 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 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 WIT, 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. 2-1 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit IF AT, 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 (cim), Company agrees to reimburse City for its costs arising out of any emergency response requested. by Company to Company's property, and to which City agrees to respond.. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. IV_ This Agreement shall, extend for a period beginning on the 1st day of January, 2008, and continuing thereafter until. December 31, 2019, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this .Agreement is not so extended for an additional period or periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal. Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land. Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for are 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. vl. 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 bears during the terms hereof, nothing in this Agreement shall preclude such protest and 5 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 CompanyTe 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 ease 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 I 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 1.71, "General Arbitration.", Texas Civil. Practice and remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall, be collectible by City in the same manner as provided by law for delinquent taxes_ VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give city written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any 8 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which Contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. W 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 band 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: North Bayport Industrial. Park II, Ltd. (COMPANY) Attention: Department 2780 Skypark Drive, Suite 460 Torrance, CA 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 Mr. Bob Klassen Name. Sunbelt Commercial Builders, Address: 11650 Jones Road, Suite H Houston TX 77070 Phone: 281 890-4781 Fax: 281 890-7116 Email- ncomLDld@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.engl.ish@commercialtax.com Inc. ENTERED INTO effective the 1st day of January, 2008. North aIndustrial Park II, Ltd., ex� aslimite partn i b Oakwood Nevada ba oo , LLC, its -e e Y) .game: r Doh-�L. u- ffli 7` Title: Mana er Pre t _ Address:2780 Skyl?ark Drive, -Suite 460 Torrance CA 90505 ATTEST: C Y OF LA PO By: d AityeereAery 4--- Alton E_ Porter Mayor APPROVED; 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@cvmcast.net By. Assistot City Manager CITY OF Lei PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 CA1ifavK CC STATE OF TB-kkS § COUNTY OF RARRLS § This instrument was acknowledged before me on the Vday of �(i0t,1 ,. 2 ©�i� , by of __t _ corporation, a corporation, on behalf of said entity. J-0"� �;, kjW"'4y-e Notary Public, State of -T� C't li •fBI/ K 6 Of r NEWEROSE NTE f STATE i3E' TEXAS UWWML I § :tCom m• Avow ir.f01t COUNTY OF HARRIS § This instru nt was acknowledged before me on the J_ day of 200�, by Alton E. Porte , ayo of the City of La Po e, a municipal. corporation, o al of said entity. No a Public, State cs exas 11 NFXHIBIT Aff (Metes and Bounds Description of Land) 12 V A Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from this instrument before it is filed for record in the public records: Your social security number or your driver's license number. CORRECTION SPECIAL WARRANTY DEED Date: Grantors: Grantors' Mailing Address Grantee: Grantee's Mailing Address Consideration: Property (including improvements and appurtenant easements, if any): Reservations from Conveyance - Exceptions to Conveyance and Warranty: Executed January %- - 2007 but effective December 4, 2006 Tuffli Company, Inc 2780 Skypark Drive, Suite 460 Torrance, California 90505 North Bayport industrial Park 11, Ltd., a Texas limited partnership 2780 Skypark Drive, Suite 460 Torrance, California 90505 $14 and other good and valuable consideration, the receipt of which is acknowledged. 187.6711 acres, more or less out of the William M. Jones Survey, A482, Harris county, Texas, together with: (i) all buildings, improvements and fixtures; and (ii) all rights, Privileges, and appurtenances pertaining to the Property, including Grantor's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights -of -way. None in this deed. Subject to those easements, conditions, rights -of -way, restrictions reservations and matters of record which are applicable to the Property, but only to the extent that same are applicable to and enforceable against the Property, as well as taxes for the current year which Grantee assumes and agrees to pay and subsequent assessments for the current year and prior years due to changes in land usage and ownership (subsequent to the Effective Date), or both, the payment of which Grantee assumes, subject to the agreement of Grantor and Grantee to readjust the proration of taxes when the final taxable value of the property tax rate for the year has been established. C:1Documents and SeA'-PlCraigIZll.acai Sting XT-V--Y Internet Fa1esl0LKA21209814.&c 010907 Grantor, for the consideration and subject to the Reservations from Conveyance and Exceptions to Conveyance and Warranty, grants sells and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any wise belonging to have and bald unto Grantee and Grantee's heirs, executors, administrators, successors, or assigns forever_ Grantor hereby binds Grantor and Grantors heirs, executors, administrators and successors and assigns to warrant and forever defend all and singular the Property to Grantee and Grantee's heirs, executors, administrators, successors, and the cla assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof when im is by, through or under Grantor but not otherwise, except as to the Reservations from Conveyance and Exceptions to Conveyance and Warranty. THE PROPERTY IS CONVEYED "AS IS, WHERE IS" WITH ALL FAULTS. THE GRANTOR MAKES NO REPRESENTATION OR WARRANTY (EXCEPT FOR THE WARRANTY OF TITLE IN THIS SPECIAL WARRANTY DEEP) CONCERNING THE VALUE OF THE PROPERTY, THE CONDITION OF ANY IMPROVEMENTS ON THE PROPERTY, THE ENVIRONMENTAL CONDITION OF THE PROPERTY, THE PRESENCE OR ABSENCE OF ANY HYDROCARBONS, ASBESTOS, HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY, THE PRESENCE OR ABSENCE OF UNDERGROUND STORAGE TANKS, THE SUITABILITY OF THE PROPERTY FOR A PARTICULAR PURPOSE, THE MERCHANTABILITY OF THE PROPERTY; THE PRESENCE OR ABSENCE '# OF ANY GROUND FAULTS OR THE GEOLOGICAL CONDITION OF THE PROPERTY. THE GRANTOR MAKES NO REPRESENTATION NOR SHOULD ANY REPRESENTATION 9 BE IMPLIED AS A RESULT OF A COURSE OF CONDUCT OF THE GRANTOR OR GIs GRANTEE OR DUE TO INDUSTRY USAGE AND PRACTICE. THE GRANTEE IS FAMILIAR WITH THE TYPE OF PROPERTY BEING CONVEYED. THE GRANTEE BY ACCEPTING THIS DEED WAIVES ANY RIGHT OR CAUSE OF ACTION THAT MAY ARISE UNDER THE TEXAS DECEPTIVE TRADE PRACTICES/CONSUMER PROTECTION ACT. TIIE GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM ,.; OR CAUSE OF ACTION RELATED TO THE CONDITION OF THE IMPROVEMENTS, EVEN IF THE CONDITION OF THE IMPROVEMENTS HAS CHANGED AS A RESULT OF THE ? NEGLIGENCE, INTENTIONAL NEGLECT OR INTENTIONAL, ACTIONS OR INACTIONS OF THE GRANTOR THE GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY OR BY THE PRESENCE OF ANY HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY. EXCEPT FOR THIS DISCLAIMER, OF WARRANTIES AND RELEASE OF CLAIMS, WHICH DO S, ALL. OTHER AGREEMENTS AND REPRESENTATIONS ARE MERGED INTO THISRVIVEDEED. THE GRANTEE ACKNOWLEDGES TO THE GRANTOR THAT IT HAS BEEN GIVEN AN ADEQUATE OPPORTUNITY TO TO THE PROPERTY AND HAS DETERMINED TO RELY SOLELY ON ITS OWN INSPECTION OF THE PROPERTY AND NOT ON ANY STATEMENTS OF THE GRANTOR OR ANY AGENT OR REPRESENTATIVE OF THE GRANTOR The germ "Hazardous Materials" means any substance (a) the presence of which requires reporting, investigations, or remediation under any current federal, state or local statute, regulation or ordinance, or (b) which are currently defined as hazardous substances, toxic substances, regulated substances, pollutants, or contaminants under any current federal, state or local statute, regulation or ordinance, including hydrocarbons and. asbestos C-00cunicals and Settings\cr gRli,,1 S0tin9slTemparary tM—Cf. FiW0LKA212o9s14.doc 010907 When the context requires, singular nouns and pronouns include the plural. This Correction Special Warranty Deed is executed to add the word "Ltd." to the name of the Grantee_ No other change has been made. EXHIBIT LIST_ Exhibit A property Description THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES This instrument was acknowledged before me on the q day of January 2007 by Don L. TuffTi, President of Tuffii Company, Inc_ Notaty'Public, State of Return to: J_ M. Little Attorney at Law, P. C. 5718 Westheimer, Suite 1840 Houston, Texas 77057 C_1Doruments and ScuingsW aigR%ocal Sat'n9slT'1VQ -dry Inkmet Fii-%OLKAM09814_doc 010907 EXHIBIT A PROPERTY DESCRIPTION C -'j3D---L"-dScUingsCr-igRU--agM'ngslTemPoryinterns r'ifesIOLKA2k2O9814.doo 010907 EXH BIT A ME-rFS & BOUNDS DESCRIPTION 187.6711 ACRES OUT OF THE W'L IAM M JONES SURVEY, A-482 HARRIS COUNTY, TEXAS All that certain 187.6711 acres of land out of the William M. Jones Survey, A-482, Harris County, Texas and being more particularly described by metes and bounds as follows {all bearings are based on the City of La Porte Survey Monumentation & Mapping Program). BEGINNING at a found 5/3" iron rod with cap marked No_ 2764 located in the most westerly line of a 230'jbrris County Flood Control -District Fee Strip as recorded in Voltrnre 8260 Pa124 Count" ge Records at its intergectiolt with the south riight-of way line of Fa nnout which the Parkway (250' wide), from 'City of La Porte Survey Marker No. LPSM 99, having State Plane Coordinates X 3,241,150.119, Y-681,564.919 bears S 860 46' 20" W- 5,049.08'; TRICE S 074 16' 23" E - 1,125.31', with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron rod with cap .marked No. 2765 for angle point; THENCE S 340 59' 04" E - 809.94', continuing with the west line of said 230' Harris Cotmty Flood Control District Fee Strip, to a set 5/8" iron rod with cap for conger; TBENCE S 55° 00' 56" W - 59.377 to a set 518" iron rod with, cap marking the point of Curvature of a 53" W, a chord distance of 672.43 curve to the left having a ,xutral angle of 580 36' 05", a radius of 687.00 , a chord bearing of S 25° 42' ; T MNCE ill a southerly direction with said curve for an are distance of cap for comer; 702.66' to a set 518- iron rod with Th1ENCE S 87° 27' S5" W - 3,391.55', with the south line of the said William M.Jones Survey, to a set 5/8"iron rod with cap; THENCE N 010.56' 14" W - 2,305.67', 98' east and parallel with the east ri y line of Underwood Road (50' wide), according to the plat thereof filed at Film Code No. 437010, Harris County Map ReCords, to a set 518" iron rod with cap located iu the south right"of-way line of said Fairmont Parkway at its intersection with the west end of a 20' cut back line; THENCE N 380 06' 56" E - 30.62 , With the said prt Track line, to a set 5/8" iron red with cap far corner marking a point on a curve to ttte right having a central angle of 080 34' 41" a radius of 5,920.79, a chord being of N 820 33' 16" E, a chord distance of 885.60'; THENCE m an easterly direction of said curve of Fairmont Parkway right o£-way an arc of distance $86.42' to a found 518" iron rod for corner, THENCE N 860 50' 09" E -- 2,028.04', with said south right-of-way of Faino iron rod for angle pointParkway to a found 518" e THENCE N 860 59' 50" E — 278.16', to the POINT OF BEGMING and containing 187 6711 acres (8,174,954 square feet) of land more or less_ Compiled from survey by PREJEAN & COMPANY, INC. Surveying / Mapping 256-4-9bp2-mb November 9, 2006 Revised: November 15, 2006 Me rest Of this page intentionally blank) �r pllv�sgll r� aarrac�s � s,uF, r�rru., at Ili tr n+e �. �`�a�ct>Eca�►ia�sl���o�,Et�tR�iu.taa. THE STkTE OF TEXAS COUNTY OF HARMS �y'�1dwEP�Cix9��i�asflHiN�er�ger cehlrlerd�Ime CaualrT�ms �4etl 4�1 'fak pAk arlw"O(yp, JAN 18 2007 Qa C"TY CLERK HARRIS COUNTY TEXAS n CO Ya �, kU n IRIT 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 Forte.) 13 $EMBIT CIF Page 1 of 3 RULES AND REG7LATI:ONS Any portion of Land constituting a strip of lanes 10o, 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 loot strip of land shall be subject to the following provisions; i One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. + Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. ♦ One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights -of --wads. 4 Freestanding identification signs for multiple businesses shah, not exceed 350 square feet. ♦ 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 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen_ 14 "EXHIBIT C" Page 2 of 3 b) The use of earthen berms with approximately 3:1 side Slopes, 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 --war, 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 So 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 (50,) 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 Sighway 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 Cityts Code of Ordinances, whichever is more restrictive. 15 'EXHIBIT CH Page 3 of 3 4. Driveways Opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of bath 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: cbratuffli.com To: SunComBld@aoLcom CC: powellk(@Iaportetx.gov SNIP 1 0009 1. Ordinance No. 2007-IDA-10 / Oakwood Capital, LP, a Texas limited partnership / IL120-728-000- 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 / IL120-728-000- 0010 Calpine, 4100 Underwood Road, Pasadena, TX 77507 (Reserve A-1 15.1853 Acres / 225,870 SF) 3/19/01 Purchase 3. Ordinance No. 2007-IDA-121 DTMT One, LLC, a Texas limited liability company 1 I1-120-728-000- 0011 Brand, 4700 New West Drive, Pasadena, TX 77507 (Reserve B-1 1 8.7018 Acres 1 379,051 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 / 3.3451 Acres 1 145,714 SF) 912103 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 1 7.1526 Acres / 311,566 SF) 8/9/05 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 / 9.4086 Acres 1 409,839 SF) 2127/07 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-171 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) : Bob: 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 10/4101 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; oweilK@laportetx.gov Subject: feed for plats for Tuffli ownerships Craig: Please give me a brief description/location/tenant name for each of listed ownerships in Kathy's email. I can't seem to keep track of who owns what. I most likely have full size plats in our office that I can copy and get to Kathy. Kathy: I get to La Porte about 3-4 times per week so will deliver plats to your office. Regards, Pob K655en, Tres, 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 ANPL, rARRRn HWY. I------------------------ - - - - - --- L ARHAT L STOREY, THIS COUNTY ENGINEERCOIN O H ITS COUNTY, HEREBY _ - - _ _ - I O RULES 71Mi THE PUT OF THIS sOFFICE AS ADOPTED WITH ALL THE EXISTING COUNTY - - _ - - - - - - - - - - - - - - RULES AD REGULATIONS D THIS OFFICE CO LI ADOPTED BY THE HVRRIS COI/NTv O COURT OF THAT R COMPLIES OR AEL COWRY WITH ALL - -_ - - - - -- - - - - - IY 1 ALL OT O( FRpW ADO D< 711E NAGS I E COUNTY ROAD Uw AS AMENDED AND_ ILL OTIIES COURT ADOPTED DRAINAGE REOLIREMENTs II �2 I _ARTHUR L. STOREY, JR., PE 25O' R. O• W) COOMI ENGINEER e . 086.42' FAIRMONT PARKWAY ( - - - -_ I R - 5.920, 79' �"M> rAO�I I N 86'39'50" E - 278.16 - - _ - - - - - N � L - 886.42' - ' - - _ _ CS - N82'33'16'E ,rRr,E N. NLI ' 2 I� T 11 III AIRMEN ' } �' F PARKWAY - 585.60' _ _ _ - - .01 [ - t. 1 19 I,y 4 -otwe'a'trio' - - - _ - _ - - 1 It H ,!•,>�I J I�--�' _ _ _n _ _ - _ - _ _ _ _ I I I II ` 4TE IIIY RFURiI[MRY N _ 1. h' 1- 14 'a ,Ia'.K'i8' CIFAW -j-+ 11 - - - - - - HIVIWI W, ..INTO" 44 varPSK NxPIW ' _ _ - - - - - - - - - �_ _ - - aaROAn ulc of eAwa+T o+wsTlBu dsmlcT=u vaarE -WAN► E-, - - - - - l f _ II 11 _ Y I 111 11 r ~• - _ _ _ - - - - k� :'1. _ �� f _ _ K pSTUC�-ll. FORTE - - _ - - - -11 11i cry gam. f " . ' -L --BOUjDMY DINE OF BAWORT RtWs>A IQ 7� yT - URR,FAF� [Aos11JJ100' 1 ,°' - t �i1e, a - aTo.00' I I I I) y • // s I 1, - s7zv I RESTRICTED 11 vl :I I cis - st3't I LOCATION MAP NOT TO SCALE n. I1 ' RESERVE C" - 5.22 S9 I Iy� ! ' (RESTRICTED TO AAe Loa I,a•n'NM,wN M AREA 1 Q 11 , 4Na S BROWN. A4 REGISTERED UNDER THE LABS, OF THE STATE OF TEXAS • I I _ I R L. 5,920.79 �1L.r+ �r•T-- / A,- 3313'at• II.G<r.F MooIWIIOae I a 11 TO PRACTICE THE PROFESSION OF SURVETMF AND HEREBY CERTIFY MAT THE ABOVE L - B,TB.M' I MBBB IB•z3'a0' / l INDUSTRIAL USE) • 1 N8219'20'E I 1 t 1 R . a70.00' / - 737' I 11 THE PRO1d1 is TRUE NIO DER MY WAS PREPARES FROM N/ ACTUAL 9THAT OF I R ]01.]7' 111 THE PROPERLY MADE UNDER MY POINTS 9OF ON THE WOUND, OTHER THAT ALL a .ui � ~`it - B3T7e' 1 I 1 L ' +So.el' m w „lpsr.,wlF,w.. uWI Alu / 9.9548 ACRES 1 11 bLn Y p I I 4 , I - N12'I1v1'w ,�V•yAYJN„ /, / - N, 3'7rao•E 111 OF REFERENCE CE HAVE ANGLE POINTMARKED ITS Ts OF QON TURERODS AND oS 07 Pawls I V WWT. 1 1 1-150.24 „NA -503.OB' (433,633 S.F.) I I It It O NOTED: SAC HAVE BEET+ NACU® MM DAPPED IRON RODS, LESS 00ERWSE II I \\ / I I It It THREE QUARTER INCH ( 3/4' ) AND A LENGTH OF NOT LESS MAN NACE ( 3' ) A,a 'AK�� � / I II NO7FD: SAID R005 HAVING AN Q11TrT0E DIAMETER O NOT LESS MAN 1 FEET. AND MAT ME PLAT BOUNDARY CORNERS HAVE BEEN TIED IN TO THE �I II \ \ , , / I I II II NEAREST SURVEY CORNER. AND TO THE CITY OF U PORTE SURVEY MARKER SYSTEM. t_L -'-III I I p . 17o:aSa' +' \ / / - - - - - - - - I♦ 11 11 ------ -- I I u A< A7R v.l Wa ,pW l]wr•' -RY,WM ua ARIA w - 51242'at' \ R 4 li 1 E \ , / Ma LL(t-iwTl_ _ _- _ _ _-- - _ .�• w _ 3/7.] �j NXA S. BROWN �Na,a 1N�FMKW) 1mX:A,m 19'J7'I7' / A ` / ' S - -t TEIGLS REGISTRATION N0. 5553 apace, on � I I Ftll s4uw wmRn.r q � M �w' A( I-a,AF • I I , ,A \ + \ 1 C� Nl t'N'S]-w / Y / U __ _ - - _ _ -- _ - _ N 39 BO - 31 J. -ISO. Y - - _ -' _ 1 '09' w 71S BS , /rr� 04 P__ _ _ -'''�ti a 1 It It` I I I III I 1 I 4 - - - III III II I I n�seo.tl6' 1 Tj----------- --- A // �� -10017' I / / / _ RESTRICTED I �(T(�` to pg I, BEVERLY a KAUFMAN. COUNTY CLERK OF HARMS COUNTY. RESERVE " D " I TT �eg Do HEREBY CERTIFY MAT THE WTHIN INSTRUMENT WITH ITS I I j 1 (Wj II 1 I _ yE 1 I ti , / i % (RESTRICTED TO t II 11 CERnncA1E of AUTHRENncATICH�AATFlLEn FOR aa� 71ONyN� OFFICE DULY I I I I _ I / / I t RECoaDE� T bZ`Loa( M., OR AT Q - I I I I I , / I / INDUSTRIAL USE) I FILM CODE N0. OF THE MAP RECORDS OF HAipls 60 FOR III I I LJ I 4 9. 2104 ACRES 11 F II SAD COUI I Q' I d - J20t'ORI' 1 WTHESS MY HAND AND SEAL OF OFFICE. AT HOUSTON. THE DAY AND DATE I I I I U I l I I I l R 5J0.00' ' / / (401,205 S.F.) 1 t II LAST ABOVE WPITTEN l� I III Q I I I l L. 29B.+B' L , 1 1 It I III II I I I I I ce - sian3'n/' / / / t 1 11 11 LEVERLY B. KAUFMAN -----....-- >o .J III II I I I I I - 2,34 / / / / I 1 II II COIMITY CLEM ICI IMN. M m _ F •Sd I - - - - - ' - - - _ OF HAmis couNx, TEXAS ---- III II I I I e-3zm' l iioar _335 III II I I ^ I R - 252. / zaa.n, - _ - _ _ - _ _-- _-- NEW CENTURY OR. (60' R/W) j I h I - - - - - ,a' LL OR[s a MD - - - - i . N, r3i Z9i - - - - - - - - - - - - - -- - - - _ - - _ DEPUTY S ee'S9'w' w 338 oe I I I------ -------- I I I I i ce . mave', l I f-TN7t08'-------- �• W s easo' 1. r I - - - zs9.z1F' I NBBa 1 I N g650 09 E 1T91 7 jF e"flTi ail oN*MreM�°1� - - - -1 I I II {�IV LL cw r4m WY NAn I II Ip It II I 11 I 11 II --6ai�(o•s,e» - - I 1 I I III: II I ' 070LOO' - I I I I I I I �;�. I I jl 1I I N0r30'5S-E 1 I 11 III 111 II t I 1 7I I I rf l l L.i l -se e9' I 11 11 III I I II j RESTRICTED I �� II I RESTRICTED I I dI 1 I lIIIt ACREAGE III II r! RESERVE "A" t ,,; I RESERVE "B" ' I II III (RESTRICTED TO <' 1 (RESTRICTED TO �iII eI 11 III III II I INDUSTRIAL USE) I I cc I III I I II INDUSTRIAL USE) I I I1111 III 41.7070 ACRES 49.4859 ACRES I 1 I I (1,816,756 S.F.) II 'I 11�' (2,155,605 S.F.) 00 1 1 1 I I I I I I I O 1\ \\ \\ S Y ICI W a, ulm I It '� 1 �' 11 I I I S Vgap �CA EASEMENT AGREEMENT \\ \ \\ 9 '""! 1 t I IILBB I I I I I wOaESS t EpIESS) l t 1 l I BOT WIDE ROAD EASEMENT \\ II I I � 1 I 11 *M ) Q Iq XY I I I I I E 02a55M I ' 12 1 ACRES 128.S9a SF) � \ � 1 1 H CIF \3 \\ \\ �L � l00 0 100 200 sou w KKaN{RlR1K rAWwrt I I - II I � R�3 I I I Scale I =100 ' III I l i II I� IY II _J I I III II I I I' sill I I III ' I 1 �I IW IO- Q i11 III II I Iw I I I CnO !, U I I I I III II I' I 1 4 III S I I I I I II I I 1 I 1 W I T- RESTRICTED \ \ \\ I I Iit III I I I i I j RESERVE "E" \\\\\\ yT (RESTRICTED TO \ \ \\ \\ p II I1 II�1 I I I l � M ��`stl I - I a INDUSTRIAL USE) � It III ill I I I I I hG I 52.0886 ACRES _ I It III II11 I I II i i I I (2,268,981 S.F.) I I Ill ]fill I 1 I I I I I I I I I I I I 1 Z W I I III I I I I I I I I\\ \\ O O IIII III III I I ; I II I I It z U IIII III II I I I II I I I I I I 1 I III 1 III II I I I I I I I I I I I I \ \ \\ R I III I I I I I I I �/ i t I I I 1 I I 1 I I 5 55'00'S6 W --N9. 0 ' II I 11 'w,WIE , eoi E)a" I I II I I II I 15CI /i i I I I III I I (Ilwo�mn°m`am m�_j I I 1 4 III �K I 1 I I I � JIB I I ,p�y��•/' �.,.. `\ III II �y I I s I I I jI � K��• I i I i // /^\ II 1 I G 11 I I .4 _-'��Ae� I II ,�1°M1 uu•cc-.o,wT __ 4• yNM11� �I ' � /�// � \\\ \�\ - - \ \ I '�' �• - --- -- --- - - I _ I r YIN I ------- •� I •bf '1'B'¢S67TlST'1-�BS"98' t� I $ ----------- JJ = --------- ------------ I I - _..�!� -- -- "EkAc__ � - i1 I III 11 ;1 SA" --------------- - ce -_ ACREAGE 1 I � 58'36 05 / """S !'rT!'ST'E� -865.0E - eam' I / II 1------------ -�- L S2542 VIAL -LIT NEW DECADE DR/ E 60K P.A.E. P.U.E. _-___-------'- I -W / III __ ---- ------ 11 NEW DECADE DR. (60' RAW) I-----------t--- t-------- - ---- -- - - - - __ III --- -------------- ---------- --- I - - - - - t ulEtia7PoicS- I I t moo" I I I It ! I RESTRICTED I I LII 8� RESERVE 'F"i ;III i I I It 11. I ` 16.6489 ACRES M M.Y I I I I i � 1 R (725, 224 S. F.) ; , pRIL SITE I I I I I W S I I W NN TWIT. =.Bbe+=CIEs - BOUNDARY LINE OF BAYPORT INDUSTRIAL DISTRICT -LA PDIPTE EIW F MD _ _ _ I Q I I�� II II _ ______ II Q p I _ _ I I I I _ biallll I i II --------LEAGUE, A-47 - �MF�Ka.o,bla s. --- n'e.Lc_eOnW�_J I II =;-_-----Z. N VINTY OR. BOUNDARY DINE OF BAYPORT IRDl15TRAL DISiRKT-LA POR7E I - - - - - - - - - RG KINSTRY LE U POR7E AND PASAOENA ET �_ _ AE A+c(F9P•+Xa•�= _ L I i i _ _ -_ - - -_ - -In!- .m , .R.. B.P W161 �A#� M . �IBNES-SUS VEa r-_ 1- - - - -1- - - - - - - - - - 7. - GEO E B . M c STRIP A C N MCAN ' aOIN,FA Ile ,fJ, (o w run _ _ 877�'�v-�.e6a-r]'- _ - - " _ �. = s 87'27'55' w - 7.s36.e2' I n, 1O.� a _ =-In!-- = _ -- .-' �U POSTE ARID PASADfNA ETJ UNITS ACREAGE J GEORGE B. McKINSTRY LEAGUE, A-47 „„,A, o(oTM aoF :+AI CITY O-mvF PASAMNA 200 anlMNe Ho. 7a-n (on a rsANRIAI -_I - �D01-� - 11 __ _BAYPORT NORTH---�--- II 1 l I I I STATE OF TEXAS _ _ _ _ I I COUNTY O HARRR _ _ _ _ __ - - I I I I VIE. NORM BAYPORT INDUSTRIAL PATH I. LTD.. A TEXAS uW,m PARTNERSIRP. BY, FIR,IER, oTBERS DO HERESY COVENANT AND AGREE MAT ALL O ME PRQPERTv - - BOIRDARY LNE O BAYPORT INWSrRIA DISTRICT-PASADENA� A A K l - - - - - - - - - - - - - - I BY NO HROUGH, LLC, , R NEVADA GENT. MA U.C. ITS Boll OFFICER PARTNER, ACTING WAIN THE BOLRMLTEREP O nNis PUT ARTSHALLPUBLIC BE ROR PRI A LO REET. R ME _ _ _ _ _ - - - - - - I GENERAL NOTES 187. 671 i ACRES OF LAND ACRE AGE i I I I IN AND TL P ARK Opt .. A TEX UMI ENT. NED R NMZR. BONG TNERSHIP. BY. AKWO P ai HORN BC. DBA. A L EY OR M ANY SAGE TCH, INTO ANY YOR OR PRIVATE STREET. ROAD OR -- - - - - - - - - - S - - - M5$COMMISSIONI OUT OF THE 1 1 1 NEVADSA OAKWOOD. I.I.C. ITS SOLE GENERAL PARTNER. OWNER. HEREINAFTER OD VADA LLC. ABA, ALLEY OR ANY DRAINAGE ETCH, EITHER pIRECRY OR IHDRECTLY WINESS MY HAND IN THE CITY O NOISipN, TEXAS, n15 _DAY O 001 A POR�'/ESNOS HAS APPROVED TH�iMI AND SUBDIVISION ORT NORM O BEARINGS AND COORDINATES ARE BASED ON • I I I REFERRED TO AS OWNERS OF A 197.8711 ACRE TRACT DESCRIBED w THE ABOVE AND INDUSIRIL PARK I, IN CONFORMANCE WITH THE LAWS OF 111E STATE OF TEXAS AND ME LAMBERT PROJECTION, TEXAS SOUTH CENTRAL ZONE. WILLIAM M. JONES SURVEY, A-482 I I FUSTIER, OWNERS W IEII®Y DEDICATE TO THE PUBLIC A STRIP O LAND FIFTEEN NORM BAYPORT INDUSTRIAL PAVE II. LRI.. ORDINANCES OF THE CRY OF U PORN AID ILRHOR2ED THE RECORDING OF THIS .� r I I FOREGOING MAP OF BAYPORT NORTH INDUSTRIAL PARK I, DO HERESY MAKE AND ESTABUSH SAID (15) FEET WIDE ON EACH SIDE OF TINE CENTER LINE OF ANY AND ALL BAYOUS. CREEKS. PLAT 71NI5 _DAY 20A8. I I 1 SUBDIVISION AND DEVELOPMENT PLAN OF SAID PROPERTY ACCORDING TO ALL LINES DEDICATIONS, GULLIES, RAVINES. DRAWS, SLOUGHS OR OTHER NATURAL MANAGE COURSES LOCATED A TEXAS LIMITED PARTNER" FIARRIS COUNTY, TEXAS 1 SITE DRAINAQ DRAWINGS FOR nE NiLM[ IRI I I I 1 RESTRICnONS AND NOTATIONS ON SAND MAPS OR RAT AND HERESY DEDICATE TO THE USE OF IN SAID RUT. AS EASEMENTS FOR DRAINAGE PURPOSES. pwMF HARRIS CNTER UPON SAID OIRiTY OR - _ I DEVELOPMENT OF THESE RESERVES MUST BE THE PUBLIC FOREVER, ALL SMICIETS, ALLEYS, BY OAKWOOD NEVADA, LLC. DBA FLOODrY I I I I PUBLIC PLACES 940M THEREON FOR TIE PURPOSES WAND CON9oERATIONSwTHEAON EXPRESSED MY AND ALL TIMES FOR THE OT A 1E OF CONSTRUGHT TO CTION AID MAINTENANCE OF ANT AT BY:U PORE CITY FNOwFD! BY:OWECTOR. RANNWG OFPMiMENr - O ANpAPPROVED Y ENCI4EAINOHARRIS INDINSWI OF HAMS GATE: OS-,9-2OOS t AND DO HEREBY BIND OURSELVES, OUR HERS. SUCCESSORS AND ASSIGNS TO WARRANT AND HEYADA OAIETg00. U.C. DRAINAGE FACILITIES AND SiR11CnCES ITS 901E GENERAL PARTNER COIwTr PUBLIC INFRASTRUCTURE DEPARTMENT. I I t 1 I FOREVER DEFEND THE TITLE TO iIRE LAND 50 DEDICATED I • OWNER -DEVELOPER* I FURTHER, OWNERS DO HERESY COWNM' AND AGREE MAT ALL OF THE PROPER" I I I I I BY. J ALL PUBLIC DEVELOPED EL PRIVATE STREETS WITHIN PUT I I NRTE P OWNERS HAVE DEDICATED AND ES THESE PRESENTS UNOBSTRUCTED CO DEDICATE TO SE WITHIN GTHEULLY, Y, CREEK R THIS PUT AND ADJACENT TO ANY DRAINAGE EASEMENT, DON L NT AN I SHALL CA IONS O H AND MAINTAINED As TER NORTH BAYPORT INDUSTRIAL PARK II, LTD., 1 r 1 1 I I USE AE TIE PHONE FOR PUBLIC TEND ORIZ PURPOSES FOREVER UNON LT DAWN AERIAL IX INCH TS SUCH. GULLY, WAY OR NARK EASEMENTS CLEAR TINY SHALL S, BUILDINGS N RESTRICTEDPLANTING WIC KEEP PRESIDENT AND MANAGER SPECIFICATIONS O NARRIs CQCIIY AND 711E CITY O Texas limited 111E AERILL R TEN FEE SHALL EXTEND METER HORIZONTALLY AN ADDITIONAL L EF1W FEET, SIX CROSS SUCH DRAINAGE WAYS AND ME OPERATIONS CLEAR OF FENCES, MCEOS. T14E NC AND BY:_ BY: I partnership I I I I I 11' 6-) FOR TEN FEET (10' 0-) PERIMETER MOUND EASEMENTS OR FVE A P SIX ISIXES OTHER OBSTRUCTIONS TO BU G AND 4ANOT BE E O rED DRAINAGE AND MINI. U FORTE PLAIRIRM. SECRETARY. ZONING LA POISSI PLANNING 1 M U PORE 5 NOT RESPONSIBLE FOP THEIR I I I I S B') FOR SIXTEEN FEET ((1B' EL UPWARD. L GATED EASEMENTS. FROM A PLANE SIXTEEN DIRECTLY AND THAT SUCH ABUTTINGEXCEPT BPROPERTY SHALT NOT N PERMITTED TO GRAN STATE p AND ZONI10 COMMISSION AHIO ZONNG COMMISSION uAINTENANCE FEET ( UT �) ABOVE GROUND LEVEL DESIGNATED LOCATED ORAL EA M AND AD.IMMIG SAID STRUCTURE INTO THIS EASEMENT EXCEPT BY MEANS O AN APPROVED DRAINAGE COUNTY I BY Oakwood Nevada, LLC, dbO 27E0 SITE NO lw IPUBLICNDICATED UlE1ND EASEMENTS THAT ARE RESy QED VIM AERIAL EASEMENTS (U.E. ! AS, j As 57RVCNRE. I a THE CITY OF LA PORTE IS GRANTED BY PLAT A Nevada Oakwood, LLC, its 1 RARKL CA KIS05-5W I I I I XINCHE AND DEPICTED TED WON.. WEIEBr THE AERIAL USFIAEHTIT TOTALS TWENTY ONE FEET. 10' WIDE EASEMENT FOR PEDESTRIAN ACCESS. 1 I I I 9% INCHES (21' W') IN WIDTH. BEFORE ME, SI LINGERS DING MANAGER KNNI T METHIDAY PERSONALLY PERSON APPEARED SOME general partner R 3i6 NIN1 FURTHER. BL OWNERS DO THIS L T COVENANT AND AGREE AS THOSE SSTRET5 LOCATED EON L TUFFLI, PTO THE AND MANAGER KNOW. N ACKNOWLEDGED TO BE TE PERSON WHOSE NAPE I 50' L G PRIMARILY E ENTWIST, CH nE BMP M 9 P 1 I I WRMIN TIE /ACCESSES EM NTS, 96 SK HER LY NOTED Ae PRIVATE B ITMMEEETS OR ARE UTED THEE A TIE FOREGOING OS S ND NSI NSTHIN X NAB THEY 50' LANDSCAPE EASEMENT FUSTIER, EWERS NAYC DEDICATED AND SE FORE PRESENTS CT DEDICATE A THE PRIVATE T ACCESS O EASEMENTS, AD BE HEOY ESTABI 9 O NER y/BITINED AS USE OF 111E PUBl1C FOR FRNOIC V1A1TY PURPOSES FOREVER U/10851RUClE/ AERIAL EASEMENTS PRIVATE STREETS t>w PERMANENT AOGILK EASEMENTS BY M OWNERS. Nis acCESSORS EXECUTED THE SANE FOR ME PURPOSES AND CONSIDERATIONS THEREIN FxPREsseo I *PROJECT MANAGER I I THE AERIAL EASEMENTS SHALL EXTEND HORIZONTALLY All ADOITIONAL TEN FEET ( TO. 0- ) FOR AND ASSIGNS TO PROPERTY LOCATED 'Mi1M ME BOUNDARIES OF THIS PLAT AND ALWAYS LEGEND TEN FEET ( 10' 0• ) BACK TO BACK gMLmD EASEMENTS OP SEVEN FEET ( r o- ) FOR SIXTEEN AVAILABLE FOR THE GENERAL USE OF SAW OWNERS AND INC PUBIC FOR iMETM,TERS. FIRE CAN UNDER Mr HAND AMC SEAL OF OFFICE THIS DAY OF 1 SUNBELT COMMERCIAL BUILDERS, INC. I'�-H JO ES RI (18' 0') BACK TO BACK GROUND EASEIENIS FROM A PLANE SIXTEEN FEE ( 16' 0-) FIGHTING EQUIPMENT. Pala AND DOMOMY VOIY'l." OF WHATEVER NATURE AT AL, 20M na MxUIXF ro WE omM HOISTON, TX T70M ABO GRORD LEVEL UPWARD. LOCATED ADJACENT TO BOTH SEES AND ADJOINING SAID "ILIC IMES AMD 00 HEREBY BRD GUUBL % OW MOM SUGQESOIS AND ESTABLISHED As I PSI. a-l. "MCAM rlon WORK 2111-IEo-4781 I I 1 I UTILITY EASEMENTS NAT ARE DESIGNATED WM AERIAL EASEMENTS ( U.E. • AE ) As INDICATED PRIVATE SINEEIPS OR PFAMAIEFE ACOM EASEIRIS. IMP VIA .SCAM .1.1 WK04 1 I 1 I AND DEPICTED HEREON, WHEREBY THE AERIAL EASEMENT TOTALS THIRTY FEET ( 30 ) IN WIDTH I KA ARK.AIR IA,a, U E NOTARY PRINT NAME NOTARY PUBLIC IN AND FOR • SURVEYOR • 1 I I FINTIER. OWNERS HAVE DEDICATED AID BY THESE PRESENTS 00 DEDICATE TO ME USE ��� THE �� S COUNTY COVER A MAT 11EY HAVE -C ASED AN OR PULL STATE O I ulT. KKKAM XAORn L - - - - - _ - - - - _ - __ _ r I 1 I COWRY WITH 711E EII87ING NARRISLEGIS ROAD UW, SECTION JR REGULATIONS G AS AMENDED T I LL ,prtjtp RRSN u[ O THE PINK: FOR PUBLIC TEND OWONPURPOSES Y FFME UNOBSTRUCTED50 AERIAL EASEMENTS. THE CHAPTER Ta, Alta OF H73, BTR0 LEGISLATURE AND ALL DOPE D By T H CC HERETOFORE MY C0M1A590N EXPIRES -__-. _ PRE JEAN h COMPANY. INC. WMH 86 Tx 171RIE I I 1 1 MENIAL EASEMENTS SHALL EXTEND D UrCL UPWARD. RD. LOCATED FEET JA NY) FROM A BANE SIX- ON COUNT WIN M NARU COUNTY CDINTY EAIpN[P AID ADOPT® By THE COMMNi40NERS' --- ui Aoulo LWNHBK ran oAWF. IISESIGN 1X TIME 1 I 1 TFSN % te' o-T ABOVE O E901 LEVEL (THAW. LOCATED r ro S I ADJOINING A SAID COUIFT OF HMRB COINr M I P1IBlIC rs THAT AMC DEStONA WITH MENIAL BL9E,IBRR (AE A4 INDICATED AND I Kt. .solo Nrwn w,wTr surveying mapping RYW)-THIS I I DEPICTED HEREON, WIEROY THE AERIAL EASEMENT TOTALS FIFTEEN FEET (15' 0' ), IN WOM N.Qu./ IMICAM KNOW, PIMP- anRla F%a -Aa A01s CA-. r.A&MV1. MKAIU PWYMRK, ARO PA7osn / rWc uTUYY G>ORII O An