Loading...
HomeMy WebLinkAbout2007-IDA-38 Chusei USAORDINANCE NO. 2007-IDA-38 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CHUSEI USA, A TEXAS CORPORATION 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. Chusei USA, a Texas Corporation 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 3rd day of December, 2007. aOF LA PORTEE —� Alton Porter, Mayor ATTEST: �G Ma ha Gillett, City Secretary APPROVED: Knox Askins, City Attorney 2 OR"ECEIVE NO. 2007-IDA-�� _...... § § NOV 21 2007 STATE OF TEXAS § § L8 Porte Tax COUNTY OF HARRIS §i ce 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___ (,' lws.el �IY . , a re,-r,>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 strap 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" 6 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: 621c Value Year 2009: 6216 Value Year 2010: 62% Value Year 2011: 62% Value Year 2012: 62% Value Year 2013: 62s Value Year 2014: 63% Value Year 2015: 63% Value Year 2016: 63% Value Year 2017: 63% Value Year 2018: 63% Value Year 2019: 6316 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 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) 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 Yeara following completion of construction in progress, an amount equal to Twenty-five percent (25%), if construction is completed in Value years 2008 through 2013; and Twenty percent (20%), if construction is completed in Value years 2014 through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. In the case of new construction which is completed in Value Year 2016 or later, and provided, further, that City and Company enter into an industrial District Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreement at a Twenty percent (20%) valuation under this subparagraph (a), for a total of six (6) Value Years, but not extending beyond Value Year 2022. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) 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 S. 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 (LIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall, be governed by the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the 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. 1+o 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 Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VI(B), Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder, or City shall 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 I. 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. VI I. 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: ��� (�f r (COMPANY) Attention:/AG. Department - 2'32 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: A G / �DJP P/O/ A Address:�Z, --oo 9�'4 GQ. .fit'/✓,-/ ._. Phone: Fax:-- Ema i l :ems - Tax Agent/Billing Contact Name 0,Vj/-,�lyr L� Address : 16 ovo A01Ge�� g o Phone: Z RZ - aFax: 2,V Erg q S-0 Email: 'Z�0e07 ENTERED INTO effective the 1st day of January, 2008. ATTEST: 3. Secretary APP oi /"� 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 C`y By: � Name: ; Title: Address: i 2 s-L CTYOFLA� By: Alton E. Porter Mayor C. (COMPANY By: JOA Joe] A sista City Manager CITY OF LA PORTE 604 West Fairmont Parkway La Porte, TX 77571 10 STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before , 200-1 , by W i _ ,P/ , of J�Z> A-- corporation, a _ on behalf of said entity. FAANGESPOAGE _ MY COMMISSION EXPIRES N�rch 11, 2008 STATE OF TEXAS § on the day of corporation, a ary Public, State 6f Texas COUNTY OF HARRIS § This instrument was acknowledged before me on the i7 day of A:9A , 200%, by Alton E. Porter, Mayor of the City of La Porte, a municipal corporation, on behalf o said entity. Notary Public, State of Texas 011. OOfj, -r%;�i,, 0 AlFOF I��� COP d 11 NEXHTBXT AN (Metes and Bounds Description of Land) 12 METES AND BOUNDS DESCRIPTION 26.94 ACRES (1,,173,808 SQUARE FEET.) Being 26.94 acres (1,173,808 square feet) of land situated in the George B. Mckinstry League, Abstract 47, Harris County, Texas, and being out of that certain 20.00 acre tract of land conveyed to Chusei (U.S.A.) Inc., by instrument recorded under File Number N291863 and Film Code 044-08-0907 of the Harris County Official Public Records of Real Property and out of that certain 22.72 acre tract of land conveyed to Chusei (U.S.A.) Inc., by instrument recorded under File Number U115813 and Film Code 529- 52-3598 of the Harris County Official Public Records of Real Property; said 26.94 acres (1,173,808 square feet) of land being more particularly described by metes .and bounds in two parcels as follows: PARCEL ONE 1.426 ACRES (62,133 SQUARE FEET) Being 1.426 acres (62,133 square feet) of land out of said 20.00 acre tract and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said 20.00 acre tract, same being the northwest corner of that certain 100.00 acre tract of land conveyed to ARCO Chemical Company by instrument recorded under File Number M728181 and Film Code 182-70-1786 of the Harris County Official Public Records of'Real Property, and being the southwest corner of the herein described tract of land and also being in the east right-of-way line of Bay Area Boulevard, based on 150 feet in width and recorded under File Number C728214 and Film Code 094-30-0042 of the Harris County Official Public Records of Real Property; THENCE N 01`00'45" W 40.01 feet, with the east right-of-way line of said Bay Area Boulevard, to the southwest corner of that certain 10.00 acre tract of land conveyed to Nissan Chemical Houston .corporation by instrument recorded under File Number U115815 and Fi'lm Code 529-52-3613 of the Harris County Official Public Records of Real Property and being the northwest corner of this tract; THENCE N 87'26'12" E 1553.32 feet to a corner in the south line of said 10.00 acre tract and being the northeast corner of this tract; THENCE S 01`00'45" B 40.01 feet to a corner in the. south line of said 10.00 acre tract and being the southeast corner of this tract and also being in the north line of said 100.00 acre tract; THENCE S 87°26'12" W 1553.32 feet to the PLACE OF BEGINNING and containing 1.426 acres (62,133 square feet) of land. PARCEL TWO 25.52 ACRES (1,111,676 SQUARE FEET) Being 25.52 acres (1,111,676 square feet) of land out of said 20.00 acre tract and out of said 22.72 acre tract and being more particularly described by metes and bounds as 28.52 acres of land, save and except 3.000 acres of land, as follows: 26.94 ACRES (1,173,808 SQUARE FEET) PAGE 2 BEG.INNING'at the northeast corner of that certain 100.00 acre tract of land conveyed to ARCO Chemical Company by instrument recorded under Pile Number M728181 and Film Code 182-70-1786 of the Harris County Official Public Records of Real Property and being the southeast corner of said 20.00 acre tract and also being in the west line of that certain Harris County Flood Control District fee strip, called Ditch "C", Tract 2, recorded under File Humber D239800 and Film Code 123-38-0888 of the Harris County Official Public Records of Real Property; THENCE S 87`26'12" W 65.57 feet, with the north line of said 100.00 acre tract, same being the south line of said 20.00 acre tract, to th.e southeast corner of that certain 2.7756 acre tract of land conveyed to Nissan Chemical Houston Corporation by instrument recorded under File Number SO44319 and Film Code 509- 41--0287 of the Harris County Official Public Records of Real Property and being a corner in the south line of this tract; THENCE N .10'08'23" W 300.00 feet to the northeast corner of said 2.7756 acre tract and being a corner in the south line. of this tract; THENCE S 79'51'37" W 178,00 feet to a corner in the north lino of said 2.7756 acre tract and being a corner in the south line of this tract; THENCE S 10'08'23" E 30.00 feet to a corner in the north line of said 2.7756 acre tract and being a corner in the south line of this tract: THENCE S 79"53'37" W 454.54 feet, passing at 191.57 feet the northwest corner of said 2.7756 acre tract, same being the most easterly northeast corner of that certain 10.000 acre tract of land conveyed to Nissan Chemical Houston Corporation by instrument recorded under File Number U115815 and Film Code 529- 52-3613 of the Harris County Official Public Records of Real Property, to an interior corner of said 10.00 acre tract, same being a corner in the south line of this tract, and being in the west line of said 20.00 acre tract; THENCE N 01-00'45" W 336.21 feet, with the west line of said 20.00 acre tract, to the most northerly northeast corner of said 10.00 acre tract, same being the southeast corner of the residue of said 22.72 acre tract, and being a corner in the south line of this tract; THENCE S 87'26'12" W 777.00 feet to the mostnortherlynorthwest corner of said 10.00 acre tract, same being the southwest corner of the residue of said 22.72 acre tract, and.being the southwest corner of this tract and also being in the east line of that certain 21.28 acre tract of land conveyed to Superior Carriers, Inc. by instrument recorded under File Number U628453 and Film Code 534-70--3486 of the Harris County Official Public Records of Real Property; THENCE N 01`00'45" W 753.85 feet to the northeast corner of said 21.28 acre tract, same being the northwest corner of the residue of said 22.72 acre tract, and being the northwest corner of this tract and being in the south line of that certain 80.972 acre tract of land conveyed to the City of La Porte, Texas, by instrument recorded under File Number M253982 and Film Code 152- 78-2108 of the Harris County Official Public Records of Real Property; 26.94 ACRES (1,173,808 SQUARE FEET) PAGE 3 THENCE N 87`26'12" E 1341,44 feet, passing at 777.00 feet the northeast corner of the residue of said 22.72 acre tract, same being the northwest corner of said 20.00 acre tract, to the northeast corner of said 20.00 acre tract, same being the southeast corner of said 80.972 acre tract, and being the northeast corner of this tract and also being in the west line of said Ditch "C", Tract 2; THENCE S 03`01'51" E 281.85 feet to an angle point in the east line of said 20.00 acre tract, same being an angle point in the west line of said Ditch "C", Tract 2, and being an angle point in the east line of this tract; THENCE S 10°08'23" B 1000.80 feet to the PLACE OF BEGINNING and containing 28.52 acres (1,242,356 square feet) of land, SAYE AND EXCEPT 3.000 ACRES (130,680 SQUARE FEET) Being 3.000 acres (130,680 square feet) of land out of said 20.00 acre tract and out of said 22.72 acre tract and being more particularly described by metes and bounds as follows: COMMENCING at the northeast corner of said 22.72 arse tract, same being the northwest corner of said 20.00 acre tract, and beingn the south line of that certain 80.972 acre tract of land conveyed to the City of La Porte, Texas, by instrument recorded under File Number M253982 and Film Code 152-78-2108 of the Harris County Official Public Records of Real Property; THENCE S 01°00'45" E 264.06 feet, with the east line of said 22.72 acre tract, same being the west line of said 20.00 acre tract, to the PLACE OF BEGINNING and being a point in the north line of the herein described tract of land; THENCE N 79°51'37" E 298.85 feet to the northeast corner of this tract; THENCE S 10`08'23" E 230,00 feet to the southeast corner of this tract; THENCE S 79'51'37" W 568.17 feet, passing at 335.81 feet the east line of said 22.72 acre tract, same being the west line of said 20,00 acre tract-, to the southwest corner of this tract.; THENCE N 10-08'23" W 230.00 feet to the northwest corner of this tract; THENCE N 79'51'37" E 269.32.feet to the PLACE OF BEGINNING and containing 3.000 acres (130,680 square feet) of land. This metes and bounds description was prepared from deed calls and does not represent a boundary survey. Texas Land Surveying,. Inc. P.O..Box 5825 Pasadena, Texas 77508 (281) 487-5880 Job No. 0194-008B June 22,. 2001 "EXHIBIT BE 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 p fi O � O c �ai 0 L.f J LJ- J � a 0 o 'o O 6 Y� n1 LL �a r S � � s s U Z Q ti! � S 4 LLJ Li ' Q N Iq Q LO O co U7 N W U D O W O t�LI Q It U 0- Z_ cn w � Q w u O g LO n O U r v S � U — a w a- O O O o Q r ce N z a ce N ¢ cn a o w N a IL N w 0 z 0 x w a 0 Cl- (A Of w of a 0 a U) S "EXHIBIT C° Page 1 of 3 RULES AND REGULATIONS 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 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 Land described in Exhibit ,A,, which is adjacent to Fairmont Parkway, State Highway 225, or State Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: ♦ 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 -way. ♦ Freestanding identification signs for multiple businesses shall not exceed 350 square feet. ♦ Freestanding identification signs shall not exceed 45 feet in height. ♦ 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, 50, wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights -of -way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will 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 50' 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 (101) 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 rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 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. S. Installation of. a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. 16 I 91 -WIDE ASPHALT c\ � IIC) Q ( I Q! I Q d- > Cr a W^O I 3 8a © Cif V� co O - • U- r2 Q O Lu Ln O a---d Q- -C> I CO Q CV m h v � I I I 1 FND 5/8'IR AI ZZ0 - W16E UTILITY PIPELINE. A DRAINAGE RES, F.N N20180. F C.-OA -06-0 7 �. H C. D. P. R. R.P A ;piSEPVATION 1 OF RE TAT 10 XRIINDEO AGRflPHENT FOR ACCES7 TA OT taTT!?RB r N N29166e. F C. 01-06-0.. 19' POO - PARCEL 0 FND 5/0- IRON S 75004 W. O'. f �_TY OF LA PORTE. TEXAS 80.972 ACRES F N. M.53982, F.C. 152-78-2108 H.C.O.P.R.R.P. N 87.26 12-E 21.28 ACRES (926,845 SOUARE FEET) SUPERIOR CARRIERS. INC. F.N. U628453. F C. 534-70-3486 H C.O P R R P I IIIj� 5 II 4.-----10-100E HOUSTON L10HT NO A POWER CO. ESMT FNN �tS37i11, FECIA012s]8- (CENTERED) II H.C.O.PA .R.P. Ll I 20 N!�.6U11 61 S. FICELS2i-E2b35b1A0E RESERVE NTER►PLINE OF 10 WIDE AIR LIOVIDE PIPELINE R00 F H. VPTyIV F.C. 5S3.01.0718 N �C.O.P.A R.P. S 87.26. 12• 93. 0 7+} --'ii48_ACReeSS SURFACE SITE T OST 1PIPE LINE COMPANY N.C. R�R'P F.C. 514-30-5687 1 FND 5i8'IR W FND 5/6'IP W/CAP HOUSTON LIONTING AND PO N COMPANY ESMT /2 OF 10'- WIDDE N.L.A P. SMT.I TIT INORTH SIDF I. TO'- WIDE AERIAL ESMT 1900. F.C. 013.47-2234 IT IT P 5'8-IR POC EXCEPTION TRACT 96 12 E 10 77 00 _1 \ \ H r n1 L0 - HIDE RAILROAD d UTILITY EASEMENT \ I I ' F N U115813 F C. 529-52-3508 0 - WIDE RAILROAD AND UTILITY RPVATION F.N N29136J - - F C 044OS0907 u I I I H C 6 P R R P \ • 100 50 0 100 I I 8 RESERVAYION 2 OF RESTATED AND EXPANDEE I c.HUSE I ( U S A ) I NC AGREEMENT FOR ACCESS AND OTHER MATTERS I- I F N. N291864. F C 044-08-0919 y o SCALE 1- 100- H C 0 P.It R P/ (� 11, n RESIDUE OF 22.72 ACRES F N. UI 15813. F C 529-52-3598 �° FND s/a 117 w/cAP H C.O.P.R.R.P. \,\\ POB EXCEPTION TRACT 'A \ CUPVE DELTA ANGLE RADIUS ARC TANGENT CHORD CHORD BEARING SET 5/8'IR W/CAP 568 j7 8 5' o FND 5/9'IR W/CAR C 1 60°29 20" 497 46' 525.19' 290 05 501.14 S 62°19 08-E \\,\\ 51 37 E 29 \ C 2 82°25 25 457.46' 658 u9' 400 65 602 80 N 51*21'06'W FND Sig"IR w 2AP N 79° 265% C 3 40°27'48" 300,00 211 87' 110 57 207 49 N 51037 11'E PARCELS EXCEPTION TRACT rn LINE BEARING DISTANCE 25. 52 AC� Z 3.000 ACRES ( 130,680 50 . F T . ) N L I N 10'08 23'W 30 00 ` L 2 N 87' 26 1 2' E 93 57T ( 1 1 1 1 1 1 676 S .T ./ o L 3 N 826 12'E 40 00 co L 4 S 870 26 12'W 65.57 \ ro oo 0, L 5 5 87P26 12'W 94.66' ' Tt • N ' L 6 N 01'00 45'W 40 01 SET 5/8"1R W/CAP L 7 S 47'33'48'E 56 57' 335.8% L 8 5 47°33'48'E 67.23 0 o � 5 79° 51 37 W l 10 S 50° : 7 4 1' E 37_ 86 \\ 232 37 5p 64 ' _Tl 7_ APPROXIMATE LOCATION OF 4 ABANDONED PIPELINES _ F N DI14756. F.0 116-37-0627. H C O.P R R P \ FND 5/8 IR W/CAP '}-10-. 35 5,,' oc• Site F N 03Qpgg890. F.0 127-33-0600 H C O.P R R P O 7 F N DS7lO71. F.C. 129.31-1326. H C.O.P R R P �I rPI H C ON^Ip9p 6P F C O U-51-10+1 G' D F N D37JJJ8072. F.C. 129-31-1330 M.0 0 P R g P \ �\ CO �\IT6FOOT R1DE ---'+ ENTERLINE OF 10 WIDE W -1 \ PROPOSED A CE55 ESnT TO Iv I AIR LIOUIDE PIPELINE ROW 0.290p ACR 3 N I IF C,OU4518800P F C 531. 01 0728 Z L, 112 675 SO FY 1 30-FOOT WIDE nu 'per PROPOSED D0. 4004CCUTILITY ESMT TR V ,p C : RS 417.791 80.FT I oo CHUSFI (U.S A.) INC I T, G IMo 20.00 ACRES ZItP, 0 F.N. N291863. F.0 044-08-0907 H.C.O.P.R.R.P _ 0.0 -h.IND 5i8"IR W/CAP D LIST OF ABBREVIATIONS 6 SYMBOLS N 87° 26 12"E 777 OO I 14 - ..,D (\7 1- o + o TJI �(� V AC ACRE N 8 O E5MT • EASEMENT o W rJ v F.C. - FILM CODE sU-Fool WIDE----� F N. - FILE NUMBER ACCE 3 a UTILIIY ESMT �� H C.D R - HARRIS COUNTY DEED RECORDS CHusl tusAl I�4c H H C M R - HARRIS COUNTY MAP RECORDS H-CF.N. U709720. C.535-51-2337 I I '" r✓• H C 0 P R R P • HARRIS COUNTY OFFICIAL PUBLIC AND O.P.R.I^1 P. AND PRo►osED ACCESS ESMT TR 111 �I w '� CO RECORDS OF REAL PROPERTY 0.551S ACRE o H L 6 P - HOUSTON LIGHTING AND POWER COMPANY I N.025 SO.Fi I Pet \\� ID C%) c (30IP - IRON PIPE FND 5/8'1R IR • IRON ROD ENTERLINE OF 10 - WIPE PVMT • PAVEMENT 3 AIR LIQUIDS PIPELINE NO NISSAN CHEMICAL HOUSTON CORPORATION �\\ 1PI F N 0459799 F c S33.01-071a 50 FT SOUARE FEE' n N I I H C 0 P R R P FND 5/8-IR 51'37-E 10.00 ACRES \? b N 79° F.N. U115815. F.C. 529-52-3613 �61\0 178p0 H.C.O.P.R.R.P. - o I I 51 37'E m \ 30 38 8 191 .57 0 262.9 0 40 WIDE ACCESS A UTILITY ESMT SET X IN NISSAN CHEMICAL HOUSTON CORD F.H U 192S2 F.C. 535.26-0224 .0 HO.D R.O.P. 30-FOOt R1 ROADWAY 6 UTILITY ESMT- A PROPOSED ACCESS ESMT TO II CHUSEI TO, A.) INCH F N U6831 i, F.C. '35-26.0210 H.0 P.R.R.P. AND RO►OSED UTILITY ESMT TO V1 25.5' WIDE DITCH IH1GH BANk TO WON BANK) 0.3616 AC PIPELINE 1 UTILITY RES.� I FND "OK - NA F.N. U115113. F.C. 529.52-3393 H.C.O.P.R.R.P. W/CAP 50.02 W 77O'j4 26'•W1pE ASPHALT DRIVE- 74e. n' -�,•,-.,.,._ 6 �.,_S 87.26' 12•W -I503. 0 1 428 ACRES (62,133 SO•FT4 _1 PARCEL ONE 9 8T26 12-W 1553 32 9 87' 26' 12'W 86.50' FND 5/8• IR - WIDE HOUSTON L10HTING AND POWER COMPANY ESMT DppTH I/7 OF 10-- WIDDE-H.L,4. P. ESNT.1 SID31 IO'. Nr@U1NE OF ESMT:.F6R .(' PIPE ME )BUST PIPE LINE C ANY A.R C O CHEMICAL COMPANY ADJACENT ISOUTH WIDE AERIAL ESMT. C.O O0R901P F.c 1 .47-2209 A F.M. N�13911 F.C. ITC 6. .R.111 d. 013-5+•I04S I O 0 O O A C R E S F,N- M728'181 F..C, 182-70-1786 H.C.O.P.R.Q.P. NOTES ALL BEARINGS ARF REFERENCED TO THE MONVMENTED EAST RIGHT OF -WAY LINE OF BAY AREA BOULEVARD, BASED ON 109 FEET IN WIDTH, AND RECOK%gp UNpER FILE NUMBER Q725214 OF THt HARRIS COUNTY OFFICIAL PVSLIC RECORDS OF REAL i�ROPEflTY AS SHOWN HEREON. 2. THE AREA SHOWN,HEREON IN ACRES 1$ COMPQp,TIBLF WITH THE ALLOWABLE PRECISION OF CLOSURE FOR THIS SURVEY TH AREA SHOWN IN ,SOUARE FEET IS.A CALCULATED VALUE ONLY, 3. A9 TQ MATTERS OF RECORD. THIS SURVEY RELIES ON THE, CdW�TM[Et,#T TMEMT FOR TITLE INSURANCE INSgURANCE ISSUED BY COMMONWEALTH LAND TIT E I SURAN1E?,C PANY THRpUGH ITS AGENT PARTNERS tITLE COMPANY. UNRER'GFW 01778147' HAVING A " tpECcT�IV DATE OF JUNE QQ6'•. 2001. SURVEYOR HAS NOT ,ABSTRACTED THIS PROPERTY 0 97T�98 THAN BOUNDARY DETERMINATION. 4. )HFSP TRACTS ARE SUBJECT, TO OESTRICT16N5.RECORDED IN VOLUME $550, PAGE 215•� 1�N VOLUME,$9$0. PAGE I45, AND I-N VOLUME 8470, PAGE 236 OF THE HARRIS COUNTY OEEtl RECORUS 5. ALL 01 OAS, AND OTHER MINERALS. IN AND UNDPR AND THAT MAY BE PRODUc� D FR0�1 THE SUBJECT PROPERTI S HAY ggggEN R SERVED AND SURFACE RIGHTS HAVE BEES/ WAIVED HAVE BEEN,BY INSTRUM Nt!RE ORD VOLUME 6973 PAGE 5 0 . AND AMMI D IN VO UME 79981 PAG. 2441 �yl):. Q 3M . PAGE 248 OF7 E HARRIS COUNTY D&Ep RECORDS } ' 'SO PACE.RIGHTS -WERE 11'dIVEO'T. IN 6. THESE TRACTS.ARE SUBJECT TO THE TERMS. CONDIDITONS.,AND ST1 pULATIONS REGARDING A M NICIPAL SOLIQ WASTE DISPO3 L SITE RECORDED UNDER FILE NUMBER M257781 OF THE HK IS COUNTY OFFICIAL PUgL'.IC. ECORDS OF REAL.P OP TY. 7 T E E TRACTS, LIE .NA THIN .THE BOUNDARIES of T14E LA PORTE AREA WATER AUTHORITY AS RECORDED UNDER FILE NUMBER 1.826773 OF THE HAPRIS COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY. T I F 4 E BY 10-Y A 8. THES� TRACTS DO NO LIE WITHIN A SPECIAL FLOOD HAZARD AR A INUNDATED 0 E R FLOOD ACCORDING TO THE FLOOD INSVRANC RATE MAP (FIRM) Nb 48201COb45J PUBLISHED BY TI-tE FEDERAL EMERGENCY MANAGEMENT AUCY (FEMAI AND HAVING AN EFFECTIVE DATE OF NOVEMBER 6.'1996. 9 A:MEtES AND8QQUNDS DESCRIPTION PREPARED UNDFR TEXAS LAND SURVEYING. INC JOB.NUM'BER 194-0098 ACCOMPANIES THIS PLAT OF SURVEY. f.. 19° 51 37 E 1 /5 N N \ <' \\°\ NISSAN CHEMICAL HOUSTON CORPORATION o� / 56 F.N. SO44318, F.C. 9' 509-41-0287 H.C.O.P.R.R.P. JIIj AC ROADWAY ESMT F.N. 43 594 F.0 912.02.00SI , y H.0 .O.P.S.R.P. _-- lo.ol L 9 67.26'12"0 600.00 ^- L4 A FND 5/8'1A S 41009'W. 0.22 FOCN-WIID01E63ELINE AND+UEit6LITTrRESERVATION 6ppRRNR OEFFAVRTRON 3 ppFF 1E 14J1q11loDDf000AEND EXPME)0 H.f N2PE 0f$44. 7FICCC, 044-08- 010 MATTERS TO � U01 �y1IUSEI 1�2 .S.A.) INC. SOUTHWEST BANK.OF TEXAS. N.A. PARTNERS TITLE COMPANY I HEREBY G RTIFY THAT THIS PLAT REPRESENTS A SURVEY, JADE ON'TH GROUND UNDER MY SUPERVISION: THAT THIS PLAT CORRECTICY REPRE ENTS THE FACTS FOUND At THE frM OF SURVEY. AND.THAT THIS PROFESSIONAL SERVIC�c Sues AN TIALLY,CONFORMS TO THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FAQ A CATEGORY 18. CONDITION ITT SURVEY. �. ` . .... .N. JI° REYEY N. HECK C_�> ,HHIEE � ,cam REGIST RgEO PROFESSIONAL LANb SURVEYOR TEXAS REG(STRATfON NO. 4385 - PARCEL TWO 5/8'IRON ROD 0 CD PLAT OF SURVEY 26.94 ACRES (1,173,808 SQUARE FEET). GEORGE B. McKINSTRY LEAGUE. A-47 HARRIS COUNTY. TEXAS TEXAS LAND SURVEYING. INC. P.O. BOX 5825 PASADENA. TEXAS 77508 (,281) 467-5880, JOB NO. 0194-0098JULY 20. 200'' REVISED: JULY 24. 2001 • aY R