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HomeMy WebLinkAboutO-2020-IDA-162 ORDINANCE NO. 2020-IDA-162 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CLARK FREIGHT LINES, INC., INC, A TEXAS 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. Clark Freight Lines, Inc., a Texas 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. NO. 2020 IDA-W STATE OF TEXAS ' COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY" , and CLARK f RE/Gf#T 1-111•156 , a 7-2D44-5 corporation, hereinafter called "COMPANY" , WITNESSET 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: 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, 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 2 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 . III . A. The properties upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property") ; provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the 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 : 64% Value Year 2021 : 64% Value Year 2022 : 64% Value Year 2023 : 64% Value Year 2024 : 64% Value Year 2025 : 64% Value Year 2026 : 64% Value Year 2027 : 64% Value Year 2028 : 64% Value Year 2029 : 64% Value Year 2030 : 64% Value Year 2031 : 64% Company agrees to pay to City an amount of "in lieu of 3 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 (30%) , 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 (30%) "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 20%)valuation through Value Year 2022, and a 4 Thirty (30%) valuation for any additional Value Years beyond Value Year 2022, for a total of six (6) 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 (30%) " 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 (5%) 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, 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 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 . 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 LIMA, 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 . V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI . A. 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 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 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 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. 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. 8 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 . 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: City Manager City of La Porte 604 West Fairmont Parkway La Porte, TX 77571 To Company: C4-,4RK FRE( /4 r (COMPANY) Attention:DAV,O SC/t,I . Z Department l?O, -Czox -5-2 so Pittr90Ene4 TX 7 750g 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: ENTERED INTO effective the 1st day of January, 2020 . r;149RK FR E/O#7 , (COMPANY) By: , ';J Name : L')Avg i 6C/inrAuTZ Title: P Address : F?0, 60 s:2s?J r 4 00604 /776.v8 10 ,T i' ST: , CITY �`,' ,' E, TEXAS ir..._/ 1 w. By: Se w - ar -"1111.1.111111.- Lo. is ' . Rig. Mayor APPROVED: if ---°'" (::::;2-7 i ,---- i J- - BY: T'ox W. As ins C.r.y • Alexander City Attorney Cit u:nager 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 _ .7�.,7�NNN‘ knoxaskins@comcast.net ��jY OF,(q���� Aff 1: vi 11A AN" 1-7: :` ,. ••S STATE OF TEXAS COUNTY OF HARRIS ' \This instrument was ac ow edged, before me on the L nday of �n. Y0 er , 2 0, by ��ath �*1( .u-C z , ('Ent , /AG ur of CiAA¢� r2F161Fr- L/wS:-S corporation a . . corporation, on behalf of said entity. 111110 II— 2 N. LEE WOODWARD _ry P --- • - = �`sv NOTARY PUBLIC I • , * STATE OF TEXAS `N I.1.74° MY COMM.EXP.2/19/21 NOTARY ID 12681012-9 11 PASSED and APPROVED, this 11th day of January, 2021. CITY OF ' A 1RTE, TEXAS r ' Louis '. Rigby, M ATTEST: e oodward, City ecre APPROVED: AS TO FORM: / Clark T. Askins, Assistant City Attorney CITY OFA �� 0..... .. • •. Pe. •: iWit I1 �/ Pti ZI 8-U0199Zl 01 AJYLON t3/61./Z dX3'MOO Ail SVX3140 avis *el)* ,►�Y LEE WOODWARD 0118ld AFidlON ' o NOTARY PUBLIC 01:VM]OOM 331 • , STATE OF TEXAS `*4 OF . MY COMM.EXP.2/19/21 / NOTARY ID 12681012-9 sUxa 0 -.- - . •n ►d `oN / *AgTIua ptPs ;o ;;Pq C, 'uoTTE.zod1oo TedT TUnW it 'aga0d ea ;o AgTD aqq ;o ioArvi 'Ag5Tg •u sTno' Aq 'Tc>oz ' -0711-' 7_...c:, ;o Arp ( aqq uo au azo;aq pabpaIMouxo2 sL'M luamn.zlsuT $TuW SDMI.1 30 AJI.NnoD SVX 1 ' 30 3J LS "EXHIBIT A" (Metes and Bounds Description of Land) 13 • 212053661 11/19/20126 ER $24.00 WARRANTY DEED THIS DOCUMENT HAS BEEN WITH VENDOR'S LIEN IN FAVOR 01 MORTGAGEE CTR 0NICALLY RECORDED NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION PROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. BTATE OF TEXAS F K•a• dbOISMY4F HARRIS i • •THAT THE UNDERSIGNED,THOMAS C.BEDFORD,■roamed meq not joined herein by his spouse as the property described herein comtitides no part of their business re residential homestead,(haeio called'Grattor"), for and in cdeside alioa of the atm of 510.00 cash and other good and sellable wmida tion to Glamor in hand paid by CLARK FREIGHT LINES,INC.,a Tess earpori4oa(herein called"Grantee),whom addher is 5129 PINE AVENUE,PASADENA,TEXAS 775011710, the receipt of which is hereby admowledgad,and of further craidentiei of the execution and delivery by Gmtee of that one antra Promianory Note of eves dine herewith,in the prindipil nn id HIREE HUNDRED TWENTY THOUSAND AND NOf110(1120,000A9►DOLLARS(herein caged the`Note"),payable to the order of CAPITAL RANK(herein called Norte ee"),bearing imernt from data at the rate specified,and containing provisioes for aaceney's feu,Mm4tgee,at the special"sante sad,quest of the Grantee,advmrod the cuss of said Note as pat pmclrse price for The land herein conveyed,the receipt of which is phereby acknowledged,Mortgagee hereby'abrogated to ell of the rigits of Goma herein;the Vendors Lim and superior title is hereby expruoy translated to and reained in favor of Mortgagee to secure the payment a(the Note, the neaps if Mmppgec was the Gann haeie,theNote is father and additionally sewed by a Deed of Truk of even CD date herewih*omGrantee toPAULE.MAAT4TIUSTEE.cooaimprovision,ngp visiaffeeccicececundopowaofsale, to which reference is here made for all papas; ; HAVE GRANTED,SOLD AND CONVEYED,end bythese presents doGRANT,SELL ANDOONVEYurto O Dundee all that certain trail a prod of lad and all impmvmaaau located thereon(herein caned"The WIC),More particularly deacnIxd se follows: CC LU 1'JIIB ACRES OF LAND(CALLED 1.911T); BEING OUT OF THAT MRS.J.W. 1PfLAND 6.2/04 ACRE TRACT IN THE ENOCII BRINSON LEAGUE.A Ss BARNS o COUNTY,TEXAS; SAID 1.9170 ACRES OF LAND BEING MORE PARTICULARLY • DESCWBED BY METES AND BOUNDS ON EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. t , The conveyance is made and accepted subject to the following mans,but only to the extent they are in effect at[hp time and only to the extent that they relate to The Land:The lien fa current ad valorem axe sod maintenance a oiatnata(if any)not in default,land use=broom a,deed rentiction,COMM*easements,oarsunding mineral imeryations rights and royalties,if say,shown oreamedin the above mentioned county aid sate,and to ell zoning laws, regrdatiohc and ordinances of municipal a d7a other governmental athorities,if my,to which The Landis'abject • To b are and to hold Theism!together with ah rights and appurttoancce thereto m'eyelet belonging subject tolhetacpang tams.ono Grantee then bein,ezeevten,tdmirertrakts,pastil sad legal represadativea,tucoeasms •ay id*gra favour,and Gruner does hereby bind themselves,their kin,euanm,administrators,personal and legal rArkirostives,aaaesors sad assign,to warrent and forever defend The land,subject to the foregoing teats,unto ()pollee;their hen,executor,admiiirtreton,peneaal and legal representatives,'timeworn and aligns,against every prom,cad entity whomsoever lawfully claiming or to claim the sake a any part thereof BUT IT IS EXPRESSLY AGREED AND STIPULATED that the VENDOR'S LIEN,trekking the SUPERIOR TITLE,is renamed against The Land in five of Matgsgee,its suers:mo s and assigns,hmtii the Note and all tamed inteeeti thereat,and ill renewals stellar extension thereof~together with all interest thereat is fully paid according to iter face and tenor,effect and reeding,ad together with all Witty al sums which may became due end payable by the tetras of said Note and:a by the tame of the Wormed Dad of Tont,when this Deed shell became ibariiute,Mut Grana basin transfers unto raid Mortgage,its successors and asaigte,the Vender's lien and Superior Title toilet Land,in the same manner and to the some admit as ifdte Note had bee payable to the onion of Granter and by said Grantor assigned to aid Mortgage without recourse. Whenever used la tills btameot,unless the contest dearly mdicat6 a canruy intent or untes otherwise specifically provided herein,the pronouns of my gender than include the other genders,minding the nater,and either the singular or plum)shall include the other. ^^d 3 ) r+"r WARRANTY DEED WITH VENDOR'S LIEN IN FAVOR OF MORTGAGEE • NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. Tkik.STATE OF TEXAS COUNTY OF HARRIS § THAT THE UNDERSIGNED,THOMAS C.BEDFORD,a married man,not joined herein by his spouse as the property described herein constitutes no part of their business or residential homestead, (herein called"Grantor"), for and in consideration of the sum of 510.00 cash and other good and valuable consideration to Grantor in hand paid by CLARK FREIGHT LINES,INC.,a Texas corporation(herein called"Grantee"),whose address is 5129 PINE AVENUE, PASADENA, TEXAS 77503-3730, the receipt of which is hereby acknowledged, and of further consideration of the execution and delivery by Grantee of that one certain Promissory Note of even date herewith,in the principal sum of THREE HUNDRED TWENTY THOUSAND AND NO/100(5320,000.00)DOLLARS(herein called the"Note"), payable to the order of CAPITAL BANK(herein called"Mortgagee"),bearing interest from date at the rate specified,and containing provisions for attorney's fees,Mortgagee,at the special instance and request of the Grantee,advanced the sum of said Note as part purchase price for The Land herein conveyed,the receipt of which is hereby acknowledged,Mortgagee is hereby subrogated to all of the rights of Grantor herein;the Vendor's Lien and superior title is hereby expressly transferred to and retained in favor of Mortgagee to secure the payment of the Note, the same as if Mortgagee was the Grantor herein;the Note is further and additionally secured by a Deed of Trust of even date herewith from Grantee to PAUL E.MAAZ,TRUSTEE,containing provisions for foreclosure under power of sale, to which reference is here made for all purposes; .HA V E GRANTED,SOLD AND CONVEYED,and by these presents do GRANT,SELL AND CONV EY unto Grantee all that certain tract or parcel of land and all improvements located thereon(herein called"The Land"),more particularly described as follows: 1.9170 ACRES OF LAND (CALLED 1.9217); BEING OUT OF THAT MRS. J. W. COPELAND 6.2404 ACRE TRACT IN THE ENOCH BRINSON LEAGUE,A-5,HARRIS COUNTY,TEXAS; SAID 1.9170 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS ON EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. The conveyance is made and accepted subject to the following matters,but only to the extent they are in effect at this time and only to the extent that they relate to The Land:The lien for current ad valorem taxes and maintenance assessments(if any)not in default,land use restrictions,deed restrictions,covenants,easements,outstanding mineral reservations,rights and royalties,if any,shown of record in the above mentioned county and state,and to all zoning laws, regulatiohs and ordinances of municipal and/or other governmental authorities,if any,to which The Land is subject. To have and to hold The Land together with all rights and appurtenances thereto in anywise belonging,subject to the foregoing terms,unto Grantee their heirs,executors,administrators,personal and legal representatives,successors aid assigns forever,and Grantor does hereby bind themselves,their heirs,executors,administrators,personal and legal representatives,successors and assigns to warrant and forever defend The Land,subject to the foregoing terms,unto Grantee,their heirs,executors,administrators,personal and legal representatives,successors and assigns,against every person and entity whomsoever lawfully claiming or to claim the same or any part thereof. BUT IT IS EXPRESSLY AGREED AND STIPULATED that the VENDOR'S LIEN, including the SUPERIOR TITLE,is retained against The Land in favor of Mortgagee,its successors and assigns,until the Note and all accrued interest thereon,and all renewals and/or extensions thereof,together with all interest thereon, is fully paid according to its face and tenor,effect and reading,and together with all additional sums which may become due and payable by the terms of said Note and/or by the terms of the afcresaid Deed of Trust,when this Deed shall become absolute,and Grantor herein transfers unto said Mortgagee,its successors and assigns,the Vendor's Lien and Superior Title to The Land,in the same manner and to the same extent as if the Note had been payable to the order of Grantor and py said Grantor assigned to said Mortgagee without recourse. Whenever used in this document,unless the context clearly indicates a contrary intent or unless otherwise sped fiddly provided herein,the pronouns of any gender shall include the other genders,including the neuter,and either the singular or plural shall include the other. IAA n. /137 1 37 1 QP' q I • ,Grantee joins in the execution of this Warranty Deed for the purpose of accepting delivery hereof, and to acknowledge,consent and agree to the terns and conditions of this instrument. . , , All ad valorem taxes and assessments on the Property have been prorated between the parties hereto as of the date of this Deed,and Grantee assumes liability for the payment thereof and for subsequent years. EXECUTED THIS THE /j A- . y of NOVEMBER,2012. GRANTOR: C '13.9— L - THOOMA$C.BEDFORD GRANTEE: CLARK FREIGHT LINES,INC.,a Texas corporation ' 4/1' (74/ RONEIL T.CLARK,PRESIDENT THE STATE OF TEXAS § •i;2,' , § COUNTY OF HARRIS § This instrument was acknowledged before me on the )� day offi 4`'—,A.D.,2012,by THOMA$;C.BEDFORD. k!!`.• 'fi""%__ LESLIE HAIRSTON :;� 51 Notary Public,State of Texas / { '�� rel.,,'•„,:jrMy Commission Expires t�,,,/•,,,`. ' January 16, 2015 NOTA PU t : TEXAS THE STATE OF TEXAS § COUNTY OF HARRIS § This instrument was acknowledged before me on the / day of A.D.,2012,by RONEIL T.CLARK,PRESIDENT of CLARK FREIGHT LINES,INC.,a exas corporation,in the capacity therein stated and on behalf of said corporation. Allrlio" lab • ►i, i�,,; 'OTARY PUBLIC,STATE OF TEXAS ; V7,1• ,o,, LESLIE HAIRSTON ,•-A-.0 ems;"s Notary Public,State of Texas 1 :r,' My Commission Expires `''',„V,t,.;' ' January 16,2015 - - EXHIBIT"A" 1.9170 ACRES OF LAND (CALLED 1.9217);BEING OUT OF THAT MRS. J.W. COPELAND 6.2404 ACRE TRACT IN THE ENOCH BRINSON LEAGUE,A-5, HARRIS COUNTY,TEXAS; SAID 1.9170 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" Iron rod set on the Northerly right-of-way line of said STATE HIGHWAY 225(as same Is now constructed after widening) Its intersection with the East line of a 6.4204 acres tract described in QUIT CLAIM DEED from W. EVERETT DUPUY TO J.W. COPELAND, et ux., dated 6-13-49 and recorded In Volume 1933 at Page 246 of the Deed Records of Harris County, Texas; THENCE, N60°59'00"W,with the Northerly right-of-way line of said STATE HIGHWAY 225 along the North line of a tract described in right-of-way Deed from JOHN W. COPELAND JR. et. al. to the STATE OF TEXAS dated 5-5-66 and recorded In Volume 6472 at Page 198 of the Deed Records of Harris County, Texas, a distance of 596.56 feet to its Intersection with the North line of said J.W. COPELAND 6.4204 acres,where a 4-inch concrete right-of-way marker is found for corner; THENCE, S87"57'05"E(called 87°49'30"E)with the North line of said J.W.COPELAND 6.4204 acres and South line of a 69.248 acre tract now or formerly owned by D.R. CALDWELL et. al. 621.39 feet(called 621.53)to a 1/2 Inch iron rod set in concrete for Northeast corner of said J.W. COPELAND 6.4204 acres, Northeast corner of this tract and Northwest corner of a 22.61 acre tract now or formerly owned by W. EVERETT DUPUY according to Deed recorded in Volume 1932, at Page 515 of the Deed Records of Harris County, Texas; THENCE, S19"36'48'W (called S20°30'12'W)with the dividing between the J.W. COPELAND 6.4204 acres and W. EVERETT DUPUY 22.61 acre tract a distance of 283.76 feet to the POINT OF BEGINNING of the herein described tract and containing within these called 1.9170 acres or 83506.15 square feet of land. N 0 20120536616 N # Pages 4 0 11/19/2012 13:11:12 PM e-Filed & e-Recorded in the Official Public Records of 00 M HARRIS COUNTY O STAN STANART OC COUNTY CLERK W Fees 24.00 RECORDERS MEMORANDUM This instrument was received and recorded electronically and any blackouts, additions or changes were present at the time the instrument was filed and recorded. Any provision herein which restricts the sale, rental, or use of the described real property because of color or race is invalid and unenforceable under federal law. THE STATE OF TEXAS COUNTY OF HARRIS I her certify that this instrument was TILED in Tile Nuiiber Sequence on the date and at the time stamped hereon by me; and was duly RECORDED in the Official Public Records of Real property of Harris County, Texas. t '572- wMM Y CUM • • AGGORDINE TO FLOOD RdURFACE RATE IAAF DATED 04-2he TRACT I. !MRVl4EP LEP). plN T14 �{ Is war;N T1!loo Ywe ROOD PLAIN. THIS STAT IIT I1 s e ON CGNJl111IC LOCATION Of& P alitYCY ON THE ABOVE REFERI CLIP NIP MID NI POR FLOOD G suroh Ge RA4 Y AND NOT MEND D TO IDD1TIr'r S!"CGING FLOODtNS CONDITIONS. -., 1111110110 THE UNDt*OIeN@p DHOW}!eR®Y CPJITI?r TMAT THIe PLAT IC A GOID EIGT REPRENNTATION Or A TWA!AND ACCURATE SUAVE, 1111111111111 MAA!ON THE*ITN UNDER MY eJPmIVINON.AND AT TFE!TIME OP T14111 SURVEY MRRe PERI No INGROAG441.MIR1 OR CONFLICT! AGROEe ANY - T,- .miasma - EADID ENT LIME,C c ePr AO EHore+ 04,1 J / I �� EINEM - -I I1 /L !LJ. re-4.•.. - cosies a 5Z-m = • _.wK1i --_. wL ow S RVltd 00 Fr-- O R '� CHARLES • BATES �' FFFRFN E lgtice MARY: . ` y CIT , ��10 j CITY OF LA PORTS SURVEY MON. Hl5-0I \'~�°EI SA°•t' 50UTH/EAST CORNER OF INTERSECTION OF• NORTH 'P' 5T. AND SENS RD. gua ELEVATION 2158 (19-T6 AD-1J NGS �,f i .-_.. x?-..4_ "A" • ?5# s<s, ;..so,i,,i„ .. I sigh; t_G114.. o's C- diN jfil •t2b:• = .04.•1 -'. -- - 62404-ACRE PACT 1N ENOGH BRR1N5oN 1�EA6t11+, _ A-5,HARRIS GOUFITY,TEXAS;SAID i.gt90 ACRES OF LAND BEING MORE PARTICULARLY DESCRIEfED BY).ETES AND BONDS AS FOLLOW:a ' • BMGINNINe at a 1/2" Iron rod set on`the Northerly Q right-of-way Iine of sold BTATE HIGH AY 225 (as sane Is now • constructed after widener its Intersection with the EastW Me of a 6.4204 acres tract described In GUIT CLAIM DEED 1"- 1-- from W. EVERETT DUPUY TO J.H. GOPLA►D,et vx,dated 6-13-49 0 and recorded In Volume IcIBB at Paye 246 of the Deed Records Q of Harris County, Texas; THENCE, N60.59'00114, with the Northerly right-of-way Ilne,of - F Z said STATE HIGHWAY 225 along the North line of a tract described In r#6-of-way Deed from JOHN W.GOPf�.AND JR et O al to the STA OF TEXAS dated 5-5-66 and recorded h Volume Q _• • 6412 at Page lqb of the Peed Records of Harris County,Texas, CN U a dlstancd of 54656 feet to Its Intersection with the North line of said JJ4. COPLAND 6.4204 acres, whore a 4-Inch concrete right-of-way marker Is Pound for Corner; • THENCE, 58'1°5105" (called 581°4950") with the North line W .0 Q • of said J.H. COPLAND 6.5204 acres and South line of a 64_246 . 0 Z = acre tract now or formerly ownod by P.R. CALDW�l et al to a 1/2 Inch Iron rod set In concrete far Northeast corner of said J.W. CO-PELAND 6.4204 acres,Northeast corner of thisW • tract and Northwest corner of a 22.61 acre tract now or > L formerly owned by W. EVERETT DUPt t' according to Deed - recorded In Volume Ig32,at Page 515 of the Deed Records of = O Q Harris County, Texas; CO 0 THENCE, 519'36'48"H (called 520 30'12"104) with the dividing • between the J.H.COPLAND 6.4204 acres and W. EVERETT DUPUY • 22.61 acre tract a distance of 263.16 feet to the POINT OF BEGINNING of the heroin described tract and containing = C • within these Galled 1.1110 acres or 63306.15 square feet of . , . .- . land VJW - : "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 74 P. 13 fii..-•:?.'-'Sr'?-2 2,4. ,-,g,. i• • -1-0.!:••••• ••,;••••:•.: ikp -.-.,:..••••1::•1:::••-•:•• .,. :. - .,...!:-coog--: •ya ••lotpct 4zo4):CL:' • ..' •• .••:•TortilojcP . - ..f .1.,it-- c , -i. • •• .•• . ..!...... .• .. -... :-....p....y.,,-...4"..••• ... • . . .. .•-•., . ‘. ;. a•••••--;, ..•out,•auft$ •za.aoZs -simtg, :ooe ••oo:. p•NrAa4i1 I •u•71. if . •W;".. . ... . .. -.4 , ...• - -• -• m: . - •• •, . .••••. fi,e i ......,- • .• • •L '••ed,...iii ' • ..'-'-'NtilhoiPv/L4*--;2*, kEaliVaYiisiPi ..0-L LTirsils•'4,10.Arts:- • ' . • ----- isis '-•-•• - •o9SW--ctiu.80A3Mns qt*i.:tit-wt.:kw - iikSteAr. •,---; .. •- ••, • • .:t311408 . 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Monday,November 26,2012 7 Account Number I Address'Owner Name 7 • 13-Digit Nunber search Tax Year: :zoiz HARRIS COUNTY APPRAISAL DISTRICT REAL PROPERTY ACCOUNT INFORMATION Print DE-mag 0642220000042 File A Protest Similar Owner Name ; Nearby Addresses i Same Street Name Related Map 61550 Ownership History Owner and Property Information Owner Name & BEDFORD THOMAS C Legal TR 18 Mailing Address: PO BOX 70 Description: STAASHEN DEER PARK TX 77536-0070 Property 0 HIGHWAY 225 Address: LA PORTE TX 77571 State Class Code Land Use Code Building Class Total Units C2 -- Real, Vacant 4300 -- General Commercial -- 0 Commercial Vacant Land Area Building Area Net Rentable Area Neighborhood Neighborhood Group Market Area Map Facet Key Map® 83,504 SF 0 0 9701 0 4027 6155D 540N Value Status Information Capped Account Value Status Notice Date Shared CAD No Noticed 04/05/2012 No Exemptions and Jurisdictions Exemption Type Districts Jurisdictions ARB Status 2011 Rate 2012 Rate Online Tax Bill None 020 LA PORTE ISD Certified: 08/10/2012 1.355000 040 HARRIS COUNTY Certified: 08/10/2012 0.391170 0.400210 View 041 HARRIS CO FLOOD CNTRL Certified: 08/10/2012 0.028090 0.028090 042 PORT OF HOUSTON AUTHY Certified: 08/10/2012 0.018560 0.019520 043 HARRIS CO HOSP DIST Certified: 08/10/2012 0.192160 0.182160 044 HARRIS CO EDUC DEPT Certified: 08/10/2012 0.006581 0.006617 047 SAN JACINTO COM COL D Certified: 08/10/2012 0.185602 0.185602 Valuations Value as of January 1, 2011 Value as of January 1, 2012 Market Appraised Market Appraised Land 31,314 Land 31,314 Improvement 0 Improvement 0 Total 31,314 31,314 Total 31,314 31,314 5-Year Value History Land Market Value Land f 2 11/26/2012 4:21 PM uup.,,w w w.ix;au.urgrecoros,aetaits.asp(crypt=%94%yA%130"/094%... Adj Line Description Site Unit Units Size Site 0�R Appr O/R Total Unit Unit Value Code Type Factor Factor Factor Reason Adj Price Price 1 4300 -- General SF5 SF 83,504 1.00 1.00 0.50 Restr or 0.50 0.75 0.38 31,314 Commercial Vacant Non-Conf Building Vacant (No Building Data) Home I Record Search I Forms I Maps I Resources I Help _ _�.- Go Thank You for Visiting Hams County Appraisal District. All Rights Reserved. '2 11/26/2012 4.21 PM "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, 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 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 : cZ 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. ca One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. a Freestanding identification signs for multiple businesses shall not exceed 350 square feet . ct Freestanding identification signs shall not exceed 45 feet in height . a Minimum setback for sign construction shall be ten (10) feet from property lines . 2 . 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 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, 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 (10 ' ) wide pedestrian and bicycle easement, extending along Company' s Fairmont Parkway boundary, within the fifty foot (50 ' ) landscape easement. The pedestrian easement shall not be within any pipeline facility, except for necessary crossings. 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