HomeMy WebLinkAboutO-2020-IDA-137 CBSL Transportation ServiceORDINANCE NO. 2020-IDA-137
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH CBSL TRANSPORTATION SERVICE, AN
ILLINOIS 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. CBSL Transportation Service, an Illinois 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 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.
PASSED and APPROVED, this 10th day of February, 2020.
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA- 1� 1
STATE OF TEXAS "
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation f Har i L Comity,
Texas, hereinafter c led "CITY", and ` 84 L rum S/,��v/ ILA, 7Psv�� ,
a ,�� �� corporate n, 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 "All (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:
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:
0
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, 1) any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and regulations attached hereto as Exhibit "C" and made a part
hereof, 2) intermodal shipping containers (including but not
limited to freight and tank containers) placed on Land belonging
to Company shall be permitted to be stacked only two containers in
height within -the 100' wide portion of Company's Land contiguous
to either Fairmont Parkway, State Highway 225, or State Highway
146; beyond said 100' wide strip, intermodal shipping containers
shall be eligible to be stacked one additional container in height
within and for each successive 100' wide portion of Company's Land
behind and following the preceding 100' wide strip, up to a
maximum of six containers in height, regardless of distance from
Fairmont Parkway, State Highway 225, or State Highway 146; and 3)
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"
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, 2020, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2031, 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 2020: 64o
Value Year 2021: 640
Value Year 2022: 64015
Value Year 2023: 640
Value Year 2024: 640
Value Year 2025: 640
Value Year 2026: 640
Value Year 2027: 640-.
Value Year 2028: 640
Value Year 2029: 640-8
Value Year 2030: 640-8
Value Year 2031: 640
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 :
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
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, 2019, 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
Thirty percent (300), where construction is
completed in Value Years 2020 through 2031, 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 (30e) "in
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%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2034.
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
20o)valuation through _Value Year 2022, and a
4
Thirty (3M6) valuation for any additional Value
Years beyond Value Year 2022, for a total of six
(G) Value Years.
(b) Application of the thirty percent (30%) "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 (300) "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 (So) of the total
appraised value of Land and improvements, on
January 1, 2019; or
ii. a cumulative value of at least $3,500,000.00.
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.
(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,
(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 appl-ies), 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- 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 Local 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 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 laws as the same existed on January 1, 2019.
W
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.
t
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 therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which.
shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter
Company shall make payment to City of any additional payment due
hereunder, or City shall make payment to Company of any refund
due, as the case may be, based on such final valuation, together
with applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
- independent appraiser selected by City pursuant to Article II
above (which shall be given in writing to Company), Company shall,
7
within twenty (20) calendar days of
written notice to the City of such
Company does - not - give such written
such time period, the appraisal made
shall be final and controlling for
of "in lieu of taxes" payments to be
receiving City's invoice, give
disagreement. In the event
notice of disagreement within
by said independent appraiser
purposes of the determination
made under this Agreement.
Should Company give such notice of
also submit to the City with such
setting forth what Company believes
Company's hereinabove described prope
thereupon enter into good faith neg
reach an agreement as to the market
for "in lieu" purposes hereunder.
thirty (30) days from the date the
received by City, the parties have
such market value, the parties agre
final arbitration as provided in sub
disagreement, Company shall
notice a written statement
to be the market value of
rty. Both parties agree to
otiations in an attempt to
value of Company's property
If, after the expiration of
notice of disagreement was
not reached agreement as to
e to submit the dispute to
paragraph 1 of this Article
VI (B) .
Notwithstanding any such disagreement by Company, Company agrees
to pay to City on or before December 31 of each year during the
term hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuation-& 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.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in.
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
a
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.
N
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 C m L fra✓1 S (ld/f7 T41 C.
(COMPANY)
Attention:. (r r Ipd1 Department
--) c � tment
� ' ,
F'as� c���T ( :774-07
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: —ye-Ff {n1 oOre
Address : --% ��� Lam/ 1�4A, PA.,A (1 c).
PA 4 � r A I X 7 % 9U-7
Phone: %_L q- Q 6Tf / 00
Fax:
Email:
FP'��
Tax Agent/Billing Contact
Name :
Address:_ � � PR/ �,-
Ta7
Phone: - S
Fax:
Email: L f?6YA )� (35L%'Q1-15, 60kn
ENTERED INTO effective the 1st day of January, 2020,
Ci�SL 1�� fLe
(COMPANY)
By
Name: -p
_.._.._ _... Title:
Address:
10 ot-'l
APPROVED
Knox W. Askins L ` '"� Cor D Alexand r
City Attorney City Manager
City of La Porte
P.O. Box 1218 CITY OF LA PORTE, TEXAS
La Porte, TX 77572-1218 604 West Fairmont Parkway
281.471.1886 La Porte, TX 77571
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS '
COUNTY OF HARRIS
This instrument was,
of_.
20 by
on'44behalf of id entity.
c owl ed Pefor me n the ay of
Ctsl
corporation, col7toratio ,
otary Pub c, ate of Texas
EIDPAULA BRADSTREET
-' Notary Public, State of Texas
1 Comm. Expires 04-:11-2023
;���.� Notary
131970107
11
STATE OF ,TEXAS
COUNTY OF HARRIS '
This instrument was acknowledged befor e on the.jU day of
6�A 20C� by Louis R. Rigby Ma or of the City of La
Porte, a mun.icipai corporation, o e ai of said enti y.
N ary Pub ic, Texas
LEE WOODWARD
p`1�YD NOTARY PUBLIC
* � * STATE OF TEXAS
��oR rq MY COMM. EXP. 2119/21
NOTARY ID 12681012.9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
13
File No. 97-082 October 8, 1997
METES AND BOUNDS DESCRIPTION
2.3417 ACRE TRACT
A tract of land containing 2.3417 acres being a 100 foot wide strip adjoining and
being easterly to a 23.4072 Acre Tract being part of and out of Tract II of those three
tracts or parcels of land comprising a called 169.450 Acres, all as described in Clerk's File
No. L848794 in the Harris County Clerk's Official Public Records of Real Property, in the
William M. Jones Survey, Abstract No. 482, in Harris County, Texas; said 2.3417 acres
being more particularly described by metes and bounds as follows:
COMMENCING at found Copperweld Number 2856, marking the intersection of
the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot wide
Harris County Flood Control District right-of-way for Big Island Slough as recorded in
Volume 8260, Page 124 of the Deed Records of Harris County, Texas;
THENCE, N 86 deg. 52' 37" E, along the south line of Fairmont Parkway (250
feet wide), at a distance of 1,679.56 feet pass the Northwest corner of a 23.4072 Acre
Tract, and continuing for a total distance of 2,438.07 feet to a 5/8-inch iron rod set for the
POINT OF BEGINNING; same being the Northeast corner of said 23.4072 Acre Tract;
THENCE, N 86 deg. 52' 37" E, continuing along the south line of Fairmont
Parkway (250 feet wide), for a distance of 100.01 feet to a 5/8-inch iron rod set for
corner, same being the Northwest corner of a called 12.0000 Acre Tract, as described in
Clerk's File No. P001997 of the Harris County Clerk's Official Public Records of Real
Property;
THENCE, S 02 deg. 2759" E, along the west line of said called 12.000 Acre
Tract, for a distance of 1,020.01 feet to a 5/8-inch iron rod set for corner, same being the
Southwest corner of said 12.0000 Acre Tract, on a northerly line of the said 23.4072 Acre
Tract;
THENCE, S 86 deg. 52' 37" W, along a northerly line of the said 23.4072 Acre
Tract, for a distance of 100.01 feet to a 5/8-inch iron rod set for corner, same being a re-
entrant corner of said 23.4072 Acre Tract;
Page Two
THENCE, N 02 deg. 27' 59" W, along an easterly line of said 23.4072 Acre Tract,
for a distance of 1,020.01 feet to the PLACE OF BEGINNING, of a tract containing
2.3417 acres of land.
Date:
Don Denson, RPLS # 2068; STATE OF TEXAS
File No. 97-082
METES AND BOUNDS DESCRIPTION
2.3417 ACRE TRACT
March 4,1998
A tract of land containing 2.3417 acres being a 100 foot wide strip being part of
and out of Tract II of those three tracts or parcels of land comprising a called 169.450
Acres, all as described in Clerk's File No. L848794 in the Harris County Clerk's Official
Public Records of Real Property, in the William M. Jones Survey, Abstract No. 482, in
Harris County, Texas; said 2.3417 acres being more particularly described by metes and
bounds as follows:
COMMENCING at found Copperweld Number 2856, marking the intersection of
the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot wide
Harris County Flood Control District right -or -way for Big Island Slough as recorded in
Volume 8260, Page 124 of the Deed Records of Harris County, Texas;
THENCE, N 86 deg. 52' 37" E, along the south line of Fairmont Parkway (250
feet wide), at a distance of 1,679.56 feet pass the Northwest corner of a 23.4072 Acre
Tract, and continuing for a total distance of 2,338.06 feet to a 5/8-inch iron rod set for the
PLACE OF BEGINNING;
THENCE, N'86 deg. 52' 37" E, continuing along the south line of Fairmont
Parkway (250 feet wide), for a distance of 100.01 feet to a 5/8-inch iron rod set for
corner;
THENCE, S 02 deg. 2759" E, along the west line of a 2.3417 Acre Tract out of
the aforesaid 169.450 Acre Tract, for a distance of 1,020.01 feet to a 5/8-inch iron rod set
for corner, same being the Southwest corner of said 2.3417 Acre Tract;
THENCE, S 86 deg. 52' 37" W, fora distance of 100.01 feet to a 5/8-inch iron rM
set for corner;
THENCE, N 02 deg. 27' 59" W, for a distance of 1,020.01 feet to the PLACE OF
BEGINNING, of a tract containing 2.3417 acres of land.
Date:
Don Denson, RPLS # 2068; STATE OF TEXAS
File No. 97-082
METES AND BOUNDS DESCRIPTION
23.4072 ACRE TRACT
October 8, 1997
A tract of land containing 23.4072 acres being part of and out of Tract II of those
three tracts or parcels of land comprising a called 169,450 Acres, all as described in
Clerk's File No. L848794 in the Harris County Clerk's Official Public Records of Real
Property the William M. Jones Survey, Abstract No. 482, in Harris County, Texas; said
23.4072 acres being more particularly described by metes and bounds as follows:
COMMENCING at found Copperweld Number 2856, marking the intersection of
the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot wide
Harris County Flood Control District right-of-way for Big Island Slough as recorded in
Volume 8260, Page 124 of the Deed Records of Harris County, Texas;
THENCE, N 86 deg. 52' 37" E, along the south line of Fairmont Parkway (250
feet wide), for a distance of 1,679.56 feet to the POINT OF BEGINNING; same being the
intersection of the south line of Fairmont Parkway with the east line of an Exxon Pipeline
Company Corridor "510", also being the Northwest corner of the herein described tract,
from which found Exxon Pipeline Company Marker, identified as HPL-128 bears witness
at S 86 deg. 52' 37" W, a distance of 0.35 feet;
THENCE, N 86 deg. 52' 37" E, continuing along the south Iine of Fairmont
Parkway, for a distance of 758.51 feet to a 5/8-inch iron rod set for corner;
THENCE, S 02 deg. 2759" E, for a distance of 1,020.01 feet to a 5/8-inch iron
rod set for corner;
IMM' or AT 8K a 521 37fr E a - J: , nn — r
1•—1 IVL, II „ ueg..,/- , , aL a ulstafiee of 1 uv.ul leer pass a 5/8-inch iron
rod set for the Southwest corner of a called 12.0000 Acre Tract as described in Clerk's
File No. P001997 of the Harris County Clerk's Official Public Records of Real Property,
and continuing for a total distance of 612.51 feet to a 5/8-inch iron rod set for corner, on
the west line of Bay Park Road (100 feet wide);
THENCE, S 02 deg. 27' 59" E, along the west line of Bay Park Road (100 feet
wide), for a distance of 50.00 feet to a 5/8-inch iron rod set for comer;
Page Two
THENCE, S 86 deg. 52' 37" W, for a distance of 1,702.69 feet to a 5/8-inch iron
rod set for corner, on the easterly line of said Exxon Pipeline Company Corridor "510",
same being the westerly line of the aforesaid Tract II;
THENCE, N 14 deg. 41' 49" E, along the easterly line of said Exxon Pipeline
Company Corridor "510", same being the westerly line of said Tract H, for a distance of
1,123.86 feet to the POINT OF BEGINNING, of a tract containing 23.4072 acres of land.
Date:
Don Denson, RPLS # 2068; STATE OF TEXAS
File No. 97-0$2d July 15, 1999
METES AND BOUNDS DESCRIPTION
TRACT ONE - 4.6242 ACRE TRACT
A tract of land containing 4.6242 acres being part of and out of Tract H of those
three tracts or parcels of land comprising a called 169.450 Acres, all as described in
Clerk's File No. L848794 in the Harris County Clerk's Official Public Records of Real
Property, in the William M. Jones Survey, Abstract No. 482, in Harris County, Texas;
said 4.6242 acres being more particularly described by metes and bounds as follows:
COMMENCING at found Copperweld Number 2856, marking the intersection of
the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot wide
Harris County Flood Control District right-of-way for Big Island Slough as recorded in
Volume 8260, Page 124 of the Deed Records of Harris County, Texas;
THENCE, N 86 deg. 52' 37" E, along the south line of Fairmont Parkway (250
feet wide), for a distance of 2,140.58 feet to a capped 5/8-inch iron rod set for the PLACE
OF BEGINNING;
THENCE, N 86 deg. 52' 37" E, continuing along the south line of Fairmont
Parkway (250 feet wide), for a distance of 197,49 feet to a capped 5/8-inch iron rod set
for corner, same being the Northwest corner of a 2.3417 Acre Tract, as described in
Clerk's File No. S939476 of the Harris County Clerk's Official Public Records of Real
Property;
THENCE, S 02 deg. 27' 59" E, along the west line of said called 2.3417 Acre
Tract, for a distance of 1,020.01 feet to a capped 5/8-inch iron rod set for corner, same
being the Southwest corner of said 2.3417 Acre Tract;
THENCE, S 86 deg. 52' 37" W, for a distance of 197.49 feet to a capped5/8-inch
iron rod set for corner;
THENCE, N 02 deg. 2759" W, for a distance of 1,020.01 feet to the PLACE OF
BEGINNING, of a tract containing 4.6242 acres of land.
Date:
Don Denson, RPLS # 2068; STATE OF TEXAS
File No. 97-082d1 July 15, 1999
METES AND BOUNDS DESCRIPTION
TRACT TWO - 0.3237 ACRE TRACT
A tract of land containing 0.3237 acre being part of and out of those three tracts or
parcels of land comprising a called 169.450 Acres, all as described in Clerk's File No.
L848794 in the Harris County Clerk's Official Public Records of Real Property, in the
William M. Jones Survey, Abstract No. 482, in Harris County, Texas; said 0.3237 acre
being more particularly described by metes and bounds as follows:
COMMENCING at found Copperweld Number 2856, marking the intersection of
the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot aide
Harris County Flood Control District right-of-way for Big Island Slough as recorded in
Volume 8260, Page 124 of the Deed Records of Harris County, Texas;
THENCE, N 86 deg. 52' 37" E, along the south line of Fairmont Parkway (250
feet wide), for a distance of 2,140.58 feet to a capped 5/8-inch iron rod set for the
Northwest comer of a 4.6242 Acre Tract (Tract One);
THENCE, S 02 deg. 2759" E, along the westerly line of said 4.6242 Acre Tract
(Tract One), for a distance of 1,020.01 feet to a 5/8-inch iron rod set for the Southwest
corner of said 4.6242 Acre Tract (Tract One);
THENCE, S 86 deg. 52' 37" W, for a distance of 30.00 feet, more or less, to the
POINT OF BEGINNING;
THENCE, N 86 deg. 52' 37" E, for a distance of 940.00 feet to a 5/8-inch iron rod
set for corner, on the westerly line of Bay Park Road (100 feet wide);
THENCE, S 02 deg. 27' 59" E, along the westerly line of Bay Park Road (100 feet
wide), for a distance of 15.00 feet to a 5/8-inch iron rod found marking the Northeast
corner of a called 17.9648 Acre Tract out of a called 117.81 Acre Tract described in File
No. R276416 of the Harris County Clerk's Official Public Records of Real Property
(survey by Kolb, RPLS in November, 1998);
THENCE, S 86 deg. 52' 37" W, along the north line of said called 17.964.8 Acre
Tract, at 9 10. 00 feet pass a found 5/8-inch iron rod marking the Northwest corner of said
called 17.9648 Acre Tract, and continuing for a total distance of 940.00 feet to the
Southwest corner of the herein described tract;
Page Two
THENCE, N 02 deg. 27' 59" E, for a distance of 15.00 feet to the POINT OF
BEGINNING, of a tract containing 0.3237 acre of land (Tract Two).
Date:
Don Denson, RPLS 9 2068; STATE OF TEXAS
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
14
KWAY
Lwm� ltl.e'197 9;'E ......
-------—--------
..... .....
M ........ ...... - - - - - - - -
uZ
---- -------- ------- ---- L --------- ;--I -------
I ---- --------------
-------- ------ -------- ----------------------------
--------------------- ----------------- -------------- ------
C)
�x:4 Q4
t
rRAcr ONE I 4-.
2 AREA
4.6242 ACRES
"i 0
AREA
15.0779 ACRES
T
i/
--J
ima
Ab
ca
I Z., Z1.1.110w=1
it
.5
----------------- ------------------- -------------------------------- ----- - - -
----------------------- —--------------------
SSURV Y
JLAND DATA SURVEYS, INC. 1.— 11 .7 9
A 0.3237 ACRE TRACT AND A
4.6242 ACRE TRACT OUT OF THE
ft?swed Prafmabnar Lard --wNw WILLIAM M. JONES SURVEY. A - 482.
;t Staled Tw"
HARRIS COUNTY. TEXAS
rap,
"EXHIBIT C"
Page ,1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
irmont Parkway, State Highway 225, or State
contiguous to either Fa
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 'iritermodal 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 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:
Cr- One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on -an improved public right--of-way.
Ct Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
(7- One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights -of -way.
(4 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.. Intermodal 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
100' strip. 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 100' strip is developed, the
initial soof 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,
15
etc. to provide a thorough and effective visual screening
"EXHIBIT C"
Page 2 of 3
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 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.
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 C"
Page 3 of 3
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.
5.. 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.-
6. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
17