HomeMy WebLinkAboutO-2020-IDA-112 Dana Tank Conatiner, INC.ORDINANCE NO. 2020-IDA-112
AN ORDINANCE AUTHORIZING THE EMCUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH DANA TANK CONTAINER, INC, A NEW
JERSEY CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING
DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Dana Tank Container, Inc., a New Jersey corporation has executed an
industrial district agreement with the City of La Porte, Texas, for the term commencing January
1, 2020, and ending December 31, 2031, a copy of which is attached hereto, incorporated by
reference herein, and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of
the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and
deliver on behalf of the City of La Porte, Texas, 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 pt 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. t
PASSED and APPROVED, this 13th day of January, 2020.
ATTEST:
City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO-. 2020 rDA- < Id -
STATE OF TEXAS '
Oat of HARRIS
INDUSTRIAL DISTRICT .AGRHSNMW I(
Thus -AGREEMENT made and entered, into by and between the CITY
OF LA PORTE, TEXAS, a municipal corpora "o of iS, o n
Texas, hereinafter called "CITY", and /�tW
a corporation, here.nafte
called "COMPANY",
WI TN'ES SETH:
WHEREAS, it is the established policy of the City Council
..the City of La Porte, Texas, to adopt such reasonable measur
from time to time as are permitted by law and which will tend
enhance the economic stability and growth of the City and i
environs by attracting the location of new and* the expansion
existing industries therein, and such policy is .hereby reaffirm
and adopted by this City Council as being in the beat interest -
the City and its citizens; and
WHEREAS, pursuant to its policy, City' has enacted Ordinanc
No 729, designating portions of the' area located in it
extraterritorial jurisdiction as the "Battleground Industria
District of La. Porte, Texas"., and Ordinance No. 842A, designatit
portions of the area located in its extraterritorial jurisdictic
as the "Bayport industrial District of La Porte, Texas°
hereinafter collectively called "District", such ordinances beir,
in compliance with the Municipal Annexation Act of Texas, codifie
as. Section 42.044, Texas Local Government Code; and
SEAS, Company is the owner of land within a des-ic
Industrial District of the City of La Porte, said land
legally described on the - attached Exhibit "Al' (hereir.
"Land"); and said Land being more particularly shown on a
attached as Exhibit "B", which plat describes the owne
boundary lines; a site layout, showing all improvements, incl
pipelines and railroads, and also showing areas of the -
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 purpos
desires to enter into this Agreement with Company pursuant t
Ordinance adopted by the City Council of said City and recorded .
the official minutes of said City-: I
NOW, THEREFORE, in consideration of the premises and th
mutual agreements of the parties contained herein and pursuant t
the authority granted under the Municipal Annexation. Act and tho
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
J
t
City covenants, agrees and guarantees that during the terra of the
Agreement, provided below, and subject to :the terns and provisioi
of this Agreement, said District shall continue to retain it
extraterritorial status as :an industrial district, at least to tY
extent that 'the same covers the Land belonging to Company and it
assigns, unless and until the 6tatus<of said Land, or a portion c
portions thereoL, as, an industrial district may be change
pursuant to the terms of this Agreement. Subject to the foregoii
and to the later provisions of this Agreement, City does furthe
covenant, agree and guarantee that such industrial .district, t
the extent that it covers said. Land lying within said District al
`not now within the corporate limits of City_, shall be immune frc
annexation by City during the term hereof (except as hereinafte
provided) -and shall have: -no right to• have extended to .it ar,
services by City, and that all Land, including that which has bee
heretofore annexed, shall not have extended to it by ordinance ar.
rules and: regulations (a) governing plats and subdivisions c
land, (b) prescribing any building, electrica3, plumbing c
inspection code or codes, or (c) attempting to exercise in ar.
manner whatever control over the conduct of business thereon.
provided, however, .1) any portion of Land constituting a strip c
land 10-1 Wide and contiguous to either Fairmont Parkway, Stat
Highway 225, or, State Highway 146, shall be subject to the rulE
and regulations attached hereto as Exhibit "C" and made a pax
hereof, 2) int:ermodal shipping containers (,including but nc
limited to freight and tank containers) placed on Land belongin
to Company sha31 be permitted ,to be stacked only two containers i
height:within the 100' wide portion of .Company's -Land contiguou
to either Fairmont Parkway, State Highway 225, or State Highwa
I46; beyond said 700, wide strip, intermodal shipping containex
shall be eligible to.be stacked one additional container in heigh
within and or each successive 1.00' wide portion of Company's Lan
behind and €ollowing the preceding 10.0' wide strip, up to
maximum of six containers in height, regardless of distance fr_c
Fairmont Parkway, State Higghway 225, or State Highway 146; and 3
.t is agreed that City shall have the right to institute o
intervene in any administrative and/or judicial proceedin
authorized by the Texad water Code, the Texas Clean Air Act:., th
Texas Health- & Safety Code, or other federal or stat
environmental laws, rules or regulations, to the same extent an
to the same intent and effect as if all Land covered by thi
Agreement were not subject to the Agreement.
K*]M
In the event that any portion of the Land has heretofore been
annexed by City., Company, agrees to render and pay full City a
valorem taxes on such annexed Land and improvements, and tangibl�
personal property.
Under the terms- of the Texas Property Tax Code (S.B. 621, Acts o
the 65th Texas Legislature-, Regular Session, 1979, as amended)l
the appraised value 'for tax purpose`s of the annexed portion of
Land., improvements, and tangible personal property shall be
2 i
determined by the Harris county Appraisal Dirt"riot
The part
hereto -recognize that said Appraisal -District, has no authdrity
appraise the Land, improvements, and
tangible personal property
t:46 uhann6ged area .for the
. I i purpose of computing the "in ji
p-gyments hereunder,. Therefore, the parties agree 'that
�,
appraisal of the Land; imp
rovements:,. and tangible perso.,
-property in the . unann-e-ked area shall be conducted by City,
city-,1s. expense,. by an independent- appraiser of City's selecti,
The PAttldr. recognize. that in making such appraisal for "in 11,
payment putpbses.., such appraiser must of necessity appraise
entire. (annexed and unannexed) -Land improvements,- and tangij
pers6rial property..
Nothing herein- contained shall ever be interpreted as less
the authority of the Harris County Appraisal District to estF
theappraised 'value of Land, improvements., and tangible per
Property in the annexed. portion,' for. -ad., Valorem tax purposes-.
111.
A. 'The properties upon wlu-ch 'the ti,in 13-eu 1 of taxes e are - 9tesesse
are more fully described in -subsections 1, 2-, and .1 of subsectic
Cj_ of this Paragraph III (sometimes
collectiv,41y ca:1led. th
'"Property")r provided, however, pollution control eq#pmen
installed on the Land which is exempt" from ad. valorem. tOxatic
'Pursuant to. the -provisions of -Sec. 1.1-31 Ta
of the Texas Propdtty,
Code: is exempt from ad Va em ti2Lxat's and "In lieu of , taxer. lor Ian
_hereunder. ., Property indluded in this Agreement shall, not b
.entitled to an. agricultural use exemption for purposes a
computin.
u �g `tin lieu- of taxes- hereunder..
S. 'On or before the later .of December 31, 2.'020-, or 30 days
mailing Pf 'tax bill and in, like manner on or befdre each Dec
_31-st ..thereafter, through and including December 314, 2031,1. -Co,
'pay to City an amount of 'tin lieu :of taxes" on Comp
Property ;as of Ma ary 1st of the -current 6alendar year
ye
C. Company and City -agree that the follbvOixig perderr
(`"Percentage AmOuntf) Shall apply during each of the
Years.:
-Value
Year,
20210:
'64;0.-
Value
Year
21021
t4v
Value
Year
2022.-
6 4 1.-
VA114P
Year
2Q23:
6.4 %
Value -Year
2024;
64*
Value
Year
2025:
6
Value-
Ybak
2026-.'
64%
Value
Year
20271:
64%;
Value.
'Year
2028,:
640
Value
Year
20 ;29,
Value
Year
2030,:
`ValtO_
Year
2031:
6.4 R.-
Company agrees to: pay to City an amount -of-' "--in 'lieu 'of. I
dr 3
IN
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taxes" on Company's land, improvements and tangible
Personal property in the unannexed area equal to the sum
of:
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, 2020,
and each January 1 thereafter of the applicable Value
Rear 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, 2019, resulting £xom 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
Thirty percent (30`s), where construction is
completed in Value Years 202.0 through 203-1, 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. The eligible period for
application of said thirty percent f30%) 'yin
lieu, rate shall be for a total of six (6) value
Years.
In the case of new construction which is completed
in Value Year 2028 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 Thirty percent (30-W) valuation
under this subparagraph fa), for a. total of six
('6) value Years., -but not extending beyond Value
Year 2 0,3 4 .
In the case of new construction which was
completed in Value Years. 2016 through 2019 in
accordance with the previous Industrial District
Agreement between city and Company, such .new
construction shall be subject to a Twenty percent
2020valuation through Value Year 2-022, and a
4
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Thirty (-30-'s). valuation for any additional Value
Years beyond Value Year '2`022, for a total of six
(5) Value Years.
(b) Application of' the thirty percent (30W) '`in lieu?,
rate for Substantial. Increase in value of the
Land, improvements,, and. ;tangible personal. property
dedicated to new construction is limited to .new
construction purposed, for or related to
manufacturing and processing uses. in no case
,shall. Company be entitled to application of the
thirty percent (3'00) I%in lieu', rate for
Substantial Increase in value of the Land,
improvements, and tangible personal property
dedicated to new construction where the new
construction is purposed for or related to uses,
for warehousing, storage, distribution,, and/or
general. freight trucking and transportation, as
well as general commercial uses, such as truck
stops, rental facilities,, or repair shops..
{c}' 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 (51k) of the total
appraised value of Land and improvements, on
January 1, 2 019 or
i. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreements multiple -
projects that are completed in a Value Year can be,
cumulated to arrive at,the amount for the increase
in value.
(d}. If existing Property values have depreciated below
the Property value established on January 1, 2019,
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, 2019, 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,
2020, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
5
(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 takes on the. annexed ,portion thereof as determired by
appraisal by the Harris County Appraisal District,.
4. Notwithstanding the: above, should City elect to grant
the freepost inventory exemptions authorized by Article
VTII., Section l-j of the Texas constitution- and Section
Zl_.'25l 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- i-n, of the
Texas Constitution and Section 1-1.253 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. City and Company acknowledge circumstances might
require the City to provide emergency services to
Company's Property described on Exhibit "A" attached
hereto. Emergency services are limited to fire,
police, and public: works emergency services. if
Company is not a member of Channel industries Mutual
Aid Association (CIMA), Company agrees- to reimburse
City, for its costs arising out of any emergency
response_ requested by Company to Company's property,
and to which. City agrees to respond: If Company is a
member of CIMA, the obligations of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
IV.
This Agreement shall extend for a.period beginning on the 1st day
of January, 2020, and continuing thereafter until December 31,
2031, 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, 2031, 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
6
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 Local Government Code Section
Chapter 42.044 " Creation of Industrial District in
Extraterritorial Jurisdiction", or Texas Vocal Government Code
Chapter 43 "Municipal Annexation',, is amended, 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 az�xexati.on 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 laws as the same existed on January 1, 2019.
V.
This Agreement may be. extended for an additional period or periods
by agreement between. City and Company and/or its assigns even
though it is not extended by aggreement between City and all of the
owners of all land within the District of which it as a part.
V3.
-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 sate.
Notwithstanding such protest by Company, and -except as otherwise
provided in Article VT(B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad -valorem taxes on. the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed.porti;ons 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 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 22
above. (which shall be given in writing to.Company), Company shall,
within twenty (20) calendar days of receiving City,a invoice, give
written notice to the City of such disagreement. In the event
Company does not givesuch 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 gave 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 intogood faith negotiations in an attempt to
reach -an agreement as to the triarket value of Company's property
for "in lieu,, purposes hereunder. If, after the expiration of
thirty (34) days from the date the notice of disagreettient was
received by City, the parties have not reached agreement as to
such market value, the parties agree to submit the dispute to
final arbitration as provided in subparagraph 1 of this Article
V1(33) .
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 'yin lieu of taxesu thereon
for the last preceding year, whichever is higher.
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 there
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
Arbitrationil, 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.
8
n• _
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 nin li ez
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..
ill -II
This. Agreement shall 'inure tothe 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 sell ora s operation,.
', oar�in any other manner disposes of, either
Company y t assigns',
`'on of law, all or any part of the
property belonging to it within the territory here.nabove
de -scribed,, 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
andprovisions more favorable to the landowner than those in this
Agreement, Company :and its assigns shall have the right to amend
this Agreemezait 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, farm,
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.
9
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:
To Company:
Attention:
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
j .... vi'aL iK.eA
' Departmnt
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:
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address:
Phone:
Fax:
Email:
lR
ENTERED INTO effective the lst day of January, 2020.
By:
Nam
Tit
Add
3��
EST: CITY 0 r
By:
C' secretary uis Rig
mayor
APPROV .
Knox W. Askins / r y• Corby D Alexande
City Attorney City Manager
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins®comcast.net
A&s
STATE OF Y
Y`MCV0A_�\
COUNTY OF , &
CITY OF LA PORTE, TEXAS
604 West Fairmont Parkway
La Porte, TX 77571
This instrument waspacknowle4ed before me on the iZ day of
20 0, by
of `vT corporation, a corporation,.
on behalf of said entity.
Notary Public, State
CLIFFORD M. TOPED}
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Aug. 1,
11
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowl
u 20ag� by Louis R.
Porte,, a municipal. corporatic
LEE WOODWARD
�t NOTARY PUBLIC
* STATE OF TEXAS
MY COMM. EXP. 2119/21
NOTARY ID 12681012-9
12
"EXHIBIT .Au
(Metes and Bounds Description of Land)
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EXHIBA "A$ Page 1 of 2 02
,es of. lard, more or less, located in the Enoch Brinson' Sbrveyj Abstract
ij more particulMy,being part qt-the� residue of that cedainpalW
de=ll 2edas.Trict`ll; ccqvayoO to Saieaed Lwiab,*Udj*
or -the OfOial"P'Ublio F14c"-.6i.-Real
.—Wat. [roll rog,'foupd--fot comer at the Aor'nevsli comer of that
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cyLlanfl.dannAhad at 'First Tract", co:nViiji0ioJ. P.
under file no. K933175 of the: Otficw: Public
..mh:said.northarlv line. NoilllaB* 14 minutes 08 seconag East, 1372.20'
I f=-., �t,4 ,. . *� ;. k ;•1. -11 -41 aidC
At
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...r .1 r - Octx-. withirle 'easterly, line of said 56.84 acres, South 01 '45;MhUteS 52
da!Easr, 170.00'to a 518* iron rod set •for comer,
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-E, leaVing said easterly line, Nanh 56" IME 04 minutes 45 seconds West,
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.120 to a 518'.!ron rod set ',Or corner;
7. K.�Gffii 08 seconds West. 1074.75' to a!iT ironrodset
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ut in 01' 45 minutes 17 seccas East, 349.90' to a 5/8' iron rod as[ wl I
-THEKE, South!880 13 minutes 02 seconds West, 200.00'io a 5,18" iron rod found
fbr comer at the- Southeast corner of aforementioned a.672 acre tract;
1HENCE, with the easterly line of iaj.a 8.672 acre ire. -I. North 01' 45 minutes 17
qlawnds West.'449.97' to the point of beginning and containing 4.835 acres of
hand.
j -
n
71
Abstract,
t6d in the Enccn Brinson Surv&�, AbS'
certain cialle
104 3 acr -WandtLMOtO or lass', IOr-a g all at those C d &672-and 2;00
-Texas,
beingmc
tvaly, and.con�eyO to
ac- and -'Second Tract respaL
as 'Fiist Tf r i,� p6bUc Records
38175 of the OtIll
nd ctileno-1k9
Instrument of record u e
acres ----Ina* mdF8, particularly
County; Texas, sam
rmunds;as foifows'-
L -west corner I . . . , - pJpG found marking the North
Mimi* -Ell a' line. OLLOns'.
V. Iran
b -ng -,n vne-kisii? P
A) cis, North 86? 14,.
tha norerly line of said 2,00 and 8.672 acre tra
99
.12.GL6, to a 8' iton rci louna rnark
Ing the Nbdheast..
lb
-
fn p
8..672--acres:
So%.jth 010 45 In
:.t Ina of said- 8,672 ac-35,
01
t.: 446�911 to a 519"Iron r6d found marxing the Soulliaas.1 corw
17.
1 61--. a s!
Sounh 88* 13 rrilnules
s
6utheriy line of said &M acre
T.. C-.F.;t.wIth the, s a -
art: HgM -Of-
81 Iran rod found for cornerinthe northerly T L
s West. 800,Y81 to a S/
tin*of Mate -Highway No. 225;
f-way iine, ter following faur (4) courses:
THENCE, with said northerly right-0 18.11, ;a a 112, iron rod set for
nds WeSt.
North. 19* 43 minutes 46 secc
* 6,e qpTner, beginning of a curvii.
to the left, said curve being subtended by
the;arc of a tangent it cur.*e
Along central Onips 01 it. 00 minutes 00 seconds, having a radius of 421
-
r-, rid set for corner:
ando
an art length f 530.26 to a V2" iron
conds West, 48.co, to a 1!2" iron rod set for
3. S6u!h 874 37 minutes 55 se
corner;
4. North 48' 31 minutes 05 sscorcls vj85j,. 56.571
to a I.2" iron rod set for
corner in.1he aforementioned easterly right-of-way ilne of Sens Read;
said northerly right-of-way line of State Highway 225 and withTHENCE, leaving s asterly nght-ot-way line of Sens Road, north 01* 44 minutes 03 seconds
sallo e
West, 107.41' to the point of beginning and con,aining 10.673 acres of land.
1�
GEORGE J. LAMB & ASSOCIATES
REOIOTERPC PROFlss10NAL ENOINEERs
2102 NAZA11O 2T. NOUBTON. ?CRAB 77012 T2L. 922.8902
DESCRIPTION OF SURVEY
A 2.937 acre tract of land out of Lot 10 of the F. A. Staashen
Subdivision, said subdivision being out of the Enoch Brinson
Survey, Abstract No. 5, Harris County, Texas, with said
2.937 acre tract being more particularly described as follows, .
:to wits
Beginning at a point in the West line of Sens Road.(60' row),
said point also being located in the South line of a Houston.
Lighting &, Power Company 250' Easement;
Thence S01'3613411E along the West line of Sens Road, a dis-
;tance of 107; 75 feet to a point for corner;
Thence SW2312611W a distance of 56. 58 feet to a point for
corner, said point being located in the North line of State High-
way No..225 (370' row);
Thence in a Southeasterly direction along the North line of
'State Highway No. 225 the following;
-S 88°2V261.1W a distance of 48. 00 feet to a point;
Thence following a curve to the It -It having a central angle -of
,40 00'00" and a radius of 421.97 feet, a distance of 294.59 feet
to a point;
Thence S48'231261W a distance of 188.05 feet to a.point;
Thence following a curve to the right having a central angle of
11°28152" and a radius of 341. 97 feet, a distance of 68. 52 feet to
a point for corner, said point being lot;ated in the East line
of a Seadrift Pipeline Company 1.271 acre tract of land as
recorded in Volume 4210 Page 476. , Harris County Deed Records;
GEOAGE J. LAMS & ASSOCIATES
REGISTERED PROFESSIONAL ENGINEERS
2102 HAUR0 @T• 14OU/70M, TR2A■ 7701/ f[t. /22.//07
Thence N01°29'24"Walong the East line of said 1. 271 acre tract
of land, a distance of 410.28 feet to a point for corner, said
point being located in the South line of the same Houston Ught-
ing & Power Company 250' easement;
Thence N88050136'TE along the South line of: said easement, a
distance of 559.00 feet to the place of beginning of this survey
and containing 127, 957. 58 square feet.
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i
IAPOR'CE. TEXAS
WATER AND WASTEWATER
EXTENSIONS AND IMPROVEMENTS
15) Cmlacl xl°(]BI) 4)O- 90 P.t .1'ne
IS) x : saaa art s n'„ve«aw
tr
Scvin•eel Iq of P loser. Located
]e' rro.m M errs a9w«:xal.ryi: u5)' •.eI
.
SITE RIAN
It tl,l a IrIr«L
oaryMnrenl.x Cln. ]S.PB'
FUR TIE-IN LOCATIONS �
1)) Relaac• Invrv: SeuUdnc 5nrvkee Nc..
Protect: 5P-I
ENGR.' W.T..J. ISCALE: I•m10U' J SHEET
URAWNUSG OAT E: 3/97
JOB NO.; 488 12 0( 8
"EAzIBIT .CR
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 3.00' 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; as well as the stacking of intermodal shipping
containers: These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Ekhibi.t "A?'
Which is adjacent to Fairmont. Parkway State Highway 225, or State
Highway 146
1. :Any sign erected in said, 100.1 strap of land shall be :subject
to. the Following provisions:
,�t One freestanding identification sign shall be :permitted
for each side of -an industrial. -establishment that
fronts on an improved public right-of-way.
C 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.
tz Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
CC Freestanding identification signs shall not exceed 45
feet in. height.
�c Minimum setback for- sign. construction shall be ten (` 0;)
feet from property lines.
2 ;. Interrnoda.l shipping containers (including by not limited to
freight :and. tank containers) shall be permitted to be stacked
only to a.maximum of two (2) containers in height in -the said
1001 strap. in 'those instances where shipping_ containers are;
placed within the said 100' wide strip., the screening
requirements established in paragraph 3 immediately below
shall apply.
3. When Land adjacent to said 1001 strip is developed, the
initial 50' ;of' said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, Stat' Highway
225, or' State Highway .146 shall .be screened by one of the
following technic
a) Leaving in place existing trees, vegetation, underbrush,
15
V '
etc to provide a thorough and effective visual screening
"EXHIBIT, C°'
Page 2of3
of the development, Existing trees shall., together
with other vegetation and underbrush, create a
continuous visual screen.
b) The use of earthen berms with approximately 3:1 side
slopes, 50' wide .at the base and 61 high.. The berms
may be landscaped with a combination of trees, shrubs,
.arid ground cover. All beams 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 whichis acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
Far 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 (1o,) 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.
4. 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.
16
"EXHIBIT Cd
'Page 3 of 3'
Driveways :opening n
from said strip of land onto pain
Parkway shah, be subject to the rules and regulations
Harris, County and provisions of the Cityus Code.
Ordinances, whichever '7s.more restrictive.
5. Driveway$ Opening from said strip of laud ono Faim
'Parkway sha-11 be.,approved by the City and may require
instaliataon:o€ separate acceleration/deceleration lanes,
6, installation 'of a median crossover on Fairmont, parkway sh
be subject to the approval -of both Harris County and City.
( 17
vV