HomeMy WebLinkAboutO-2020-IDA-28 Noltex, LLC. ORDINANCE NO. 2020-IDA-28
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NOLTEX, LLC, A DELAWARE
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. Noltex, LLC., a Delaware 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 28th day of October, 2019.
CITY OF� '•RTE, TEXAS
grahtM
Rigby, it
ATTEST:
lII p1 1 _
Le: oodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA- d
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 ofHarris County,
Texas, hereinafter called "CITY" , and No[4''e)L LLC
a YQ 1o.. e. 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
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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: 6496
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 (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 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: No) x LL C-
(COMPANY)(COMPANY)
Attention: 4Qe own#-I✓1 9,.. Department
I ao2 D 5 rof, IC o+
L.. Poe+-e. Tip 115 7
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: Pjr;d.o n ,. •
Address : • .
'a C-4-e- Tr 115 7 I
Phone: atl - $ya - Svdi3
Fax: ,v7.12 l - &N a.- SOBS'
Email: ftr:wn_ k;nKsFP.® / .6 +ec.Cor`'l
Tax Agent/Billing Contact tv/
Name: h r;S n
Address : ac49-
Na 4- /77511
Phone: $ 4 - !� 2 _ Sb/
Fax: 8 1 - &'( 01 - 5016.—
Email: K.e• }.vim (� S[t�✓ fllol f-eac.Co n-%
ENTERED INTO effective the 1st day of January, 2020 .
1 .2/7/ex zic
(COMPANY)
By:
Name: ��r,� .
Title: yicr /ri x,47/
Address: /Lazc sy, , 44,4„471 77) J
10
ATC EST:III
CITY ?ATEI •S
t L ,V By: Agraildhalik
Secretary ou s R. Ri.59
ay.r
APPROVED:
0 ALA By: . ,
Knox W. Askins Corb, D Alexan. -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 '
STh' s instrument was acknowledge yVbe ore me on the ay of
RAbe 20A, by �J�Ia K rlW , VICc P( 51 n.
of I , U- ( LA.� corporation, b corporation,
on behalf of said entity. sA('
14A. /jt44VO Notary" Public, of Texas
• ... or ♦ i 1 - -
. A =. MICHELLE THOMAS
My Notary ID#132091298
.or W Expires July 18,2023
11
STATE OF TEXAS '
COUNTY OF HARRIS '
1,-„, his instrument was acknowledged before me on the ,� day of
VC.�Uj�s^ , 201 , by Louis R. Rigb , Mayor of t - City of La
Porte, a municipal corporation, o 1 beh_ . of said entity.
N. .a -Public -
"" LEE WOODWARD rY Sta • Texas
aPrlrP��N NOTARY PUBLIC
* * STATE OF TEXAS
6),feof
4' MY COMM.EXP.2/19/21
NOTARY ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
13
METES AND BOUNDS DESCRIPTION
Being a 14 . 707 acre (640 , 628 square feet ) (59 , 515 . 79 square
meters) tract Wholly contained within the E. 1 . DuPont de Nemours
and Company, La Porte , Harris County, Texas plant site, and being
out cf Lot 1 , Lot 2 , and Lot 3 , cf the Strang Subdivision, as
recorded in Volume 75 at page 22 , of the Harris County Deed .
Records, in the Enoch Brinson Survey, A-5, La Porte, Harris
County , Texas , as u rther conveyed by deeds to E. I . DuPont de
Nemours and Co . , as recorded in Volume 8025, at Page 318; Volume
2487, at Page 217; Volume 8111 , at Page 60 ; Volume 2488, at Page
2191 ; by Harris County Film File No . 119-31-2191 ; by Harris County
Film File No. 169-33-0421 and by Harris County Film File No. 135-
39-0587; said 14. 707 gross acre tract consisting of a 14. 334 net
acre tract referred to as 14. 334 acre LEASED PREMISES " and a
0. 373 acre tract reserved by E . I . DuPont de Nemours and Company;
the said 14.707 gross aore tract and the 0 . 373 acre reserved tract .
being further described by metes and bounds based on she E. I .
DuPont de Nemours and Company La Porte plant site coordinate
system as follows :
' F
Commencing at the original Northeast corner of Lot 3 of the
aforementioned Strang Subdivision. •
Thence , South 00 degrees 08 minutes 40 seconds West; coincident 1
with the East boundary line of Lot 3 and the West boundary of Lot
2; a distance of 5 . 00 feet ( 1 . 52 M) to the existing South right-of-
way line of Strang Road ( based on a width of 60 . 00 feet ) .
Thence North 89 degrees 56 minutes 20 seconds East; coincident •
with the South right-or-way line of Strang Road ; a distance of
150 . 26 feet (45 . 80M) to a point for corner.
Thence , South a distance of 22 . 67 feet ( 6 . 91M) to a 5/8' iron rod
set for the Northwest corner of this 14 . 707 acre tract and the
POINT OF BEGINNING; said point having DuPont La Forte plant site
coordinates North 4600 and West 5800 . 12 and Texas State Plane
Coordinates Lambert. Projection South Central Zone ( 1927 Datum )
North 700, 747 . 235 and East 3 , 255 , 971 . 306 ; and from which DuPont La
Porte Monument No . 102 ; located at DuPont, La Porte Plant site
coordinates N 4690 , West 5760; bears N 24 degrees 02 Minutes 27
Seconds E a distance of 98 . 53 feet ( 30 . 03M ) .
Thence East; along the North line of the said 14 . 707 acre tract; a
distance cf 503 . 40 feet ( 153 . 44 t:) to a railroad spike set for the
Northeast corner of this 14 . 707 acre t=act; said point having
DuPont La Porte plant site coordinates North 4600 and West 5296 . 72
and Texas State Plane Coordinates ( 1927 Datum ) North 700 , 774. 510
and East 3 , 256, 473 . 908 ;
Thence South: along' the most Easterly line of the said 14 . 707 acre
tract ; a distance of 222 . 13 feet ( 67 - 71 ;;) 11.3 a 5/8 . iron rod set
for a Southeast corner of this 14 . 707 acre tract : said poInt
having Du?c.,: .s Porte pLant s _t,t cccr.inatos North 4377 . 57 and
West 5396 72 :
Parr o: 4
Thence West; along a South line of the said 14 . 707 acre tract; a
distance of 86 . 28 feet (26. 30 M) to a rail road spike set for an
interior Northwest corner of this 14 . 707 acre tract; said point
having DuPont La Porte plant site coordinates North 4377 . 87 and
West 5383 ;
Thence South; along an interior East line of the said 14 .707 acre
tract; a distance of 314 . 14 feet (95. 75 M) to a rail road spike
set for a Southeast corner of this 14 .707 acre tract; said point
having DuPont La Porte plant site coordinates North 4083. 73 and
West 5383;
Thence West; along a South line of said 14. 707 acre tract; a
distance of 36. 77 feet (11 . 21 M) to a railroad spike set for an
interior Southeast corner of this 14. 707 acre tract; said point •
having DuPont La Porte plant site coordinates North 4063 . 73 and
West 5419. 77 ;
Thence South; along an interior East line of said 14 . 707 acre
tract; a distance of 81 . 83 feet (24. 94M) to an "X" marked in a
concrete curb for a Southeast corner of this 14 . 707 acre tract;
said point having DuPont La Porte plant site coordinates North
3981 . 90 and West 5419. 77;
Thence West; along a South line of said 14. 707 acre tract; a
distance of 75 . 41 feet (22. 99M) to a 5/8" iron rod set for an
interior Southeast corner of this 14 . 707 acre tract; said point
having DuPont La Porte plant site coordinates North 3981 . 90 and
West 5495. 18;
Thence South; along an East line of said 14 . 707 acre tract; a
distance of 215. 81 feet (65. 78M) to a 1/2" iron rod set for the
Southeast corner of this 14 . 707 acre tract; said point having
DuPont La Porte plant site coordinates of North 3786. 09 and West
5495 . 18 ;
Thence West; along the most Southerly South line of said 14 .707
acre tract; a distance of 65 . 90 feet (20. 09M) to the Southwest
corner of a concrete footing for a flare; said point having DuPont
La Porte plant site coordinates of North 3766 . 09 and West 5561 .08;
Thence North; along the West side of the concrete flare footing; a
distance of 8 . 91 feet ( 2 . 72M) to a 5/8" iron rod set for an
interior Southeast corner; said point having DuPont La Porte plant
site coordinates North 3775 and West 5561 . 08 ;
Thence West; along a South line of said 14 . 707 acre tract ; a
distance of 838 . 66 feet ( 255 . 62M) to a 5/8" iron rod set for
corner in a 7 foot chain link fence for the Southwest corner of
this 14 . 707 acre tract ; said point having DuPont La Porte plant
site coordinates North 3775 and West 6399 . 74 ;
Page 2 of 4
Thence North; along and in a 7 foot chain link fence; a distance
of 505 . 27 feet ( 154 . 01M) to a corner post of the 7 foot chain link
fence; being the most Westerly Northwest corner of this 14 . 707
acre tract; said point having DuPont La Porte plant site
coordinates North 4280 . 27 and West 6399 . 74;
Thence East; along and in a 7 foot chain link fence ; a distance of
599. 62 feet ( 182. 7611) to a corner post of the 7 foot chain link
fence; being an interior Northwest corner of this 14 . 707 acre
tract; said point having DuPont La Porte plant site coordinates
North 4280. 27 and West 5800 . 12;
•
Thence North; along and in a 7 toot chain link fence; a distance
of 319. 73 feet (97 . 45M) returning to the POINT OF BEGINNING.
Save and except a 0 . 373 acre (16 , 245 Square feet) ( 1 , 509. 25 Square
meters) tract of land enclosing DuPont' s injection well ; said
0. 373 acre tract being more particularly described by metes and
bounds as follows:
Comtencing at an interior Northwest corner of the said 14 . 707 acre
tract of land; being a corner post of a 7 foot chain link fence;
said point having DuPont La Porte plant site coordinates North
4280 . 27 and West 6800 . 12;
Thence, East a distance of 40 . 12 feet (12. 23M) to the centerline
of 18th. Street to a point for corner; said point having DuPont La
Porte plant site coordinates North 4280 . 27 and West 5760 ;
Thence South; along the centerline of 18th. Street; a distance of
89. 77 feet (27. 35M) to a point for corner; said point having
DuPont La Porte plant site coordinates North 4190. 50 and West
5760;
Thence, East a distance of 10. 00 feet ( 3 . 05M)to a railroad spike
set for the POINT OF BEGINNING of this 0 . 373 acre tract of land;
said point having DuPont La Porte plant site coordinates North
4190 . 5 and West 5750 ;
Thence, South 65 degrees 46 minutes 20 seconds East, a distance of
98 . 69 feet ( 30 . 0811) to a 5/8" iron rod set for corner; said point
having DuPont La Porte plant site coordinates North 4160 and West
5660 ;
Thence, South a distance of 140 . 00 feet (42 . 57M) to a 6/8" iron
rod set for corner; said point having DuPont La Porte plant site
coordinates North 4010 and West 5660 ;
Thence, South 65 degrees 46 minutes 20 seconds West, a distance of
98 . 69 feet ( 30 . 08M) to a railroad spike set for corner; said point
having DuPont La Porte plant site coordinates North 3969 . 5 and
West 5750 ;
Thence , North a distance of 221 . 00 feet ( 67 . 36M) returning to the
POINT OF BEGINNING or this 0 . 373 acre tract .
Said NOLTEX , L. L. C . ' LEASED PREMISES • containing a net area of
14 . 334 acres of land ( 624 , 383 Square Feet ) ( 58, 008 . 49 Square
Meters )
Said 14 . 707 acre tract subject to pipeline easements granted to
Union Carbide Corporation by instrument recorded under Harris
County Clerk' s File No . D5902237 ; and to Gulf Oil Corporation by
` instrument recorded in Volume 8570 at Page 395 o2 the Harris
County Deed Records .
op
H. Carlos Smith a'�� i. s rt '•p+�
Texas Registered professional Surveyor No. 1228 °-
April 28, 1994 . • • - . I
•
REv. 7/19/94
0.1228 �r .fr
ogp
•
•
•
Page 4 o1 4
ti
/11144u41(
NOLTEX,L.L.C. LEASED PREMISES cet No ,l
METES AND BOUNDS DESCRIPTION
41) Being a 1.467 acre (63,908 square feet) (5,936.65 square
meters) tract wholly contained within the E. I. DuPont de Nemours
and Company, La Porte, Harris County, Texas plant site, and being
out of Lot 2 and Lot 3, of the Strang Subdivision, as recorded in
Volume 75 at Page 22, of the Harris County Deed Records, in the
Enoch Brinson Survey, A-5, La Porte, Harris County, Texas, as
further conveyed by deeds to E. I. DuPont de Nemours and Co. ,as
recorded in Volume 8111, at Page 60 Harris County Deed Records
and by Harris County Film File No. 169-33-0421; said 1.467 acre
tract referred to as the "ADDITIONAL PARCEL' , being further
described by metes and bounds based on the E. I. DuPont de Nemours
and Company La Porte plant site coordinate system as follows:
Commencing at the original Northeast corner of Lot 3 and the
Northwest corner of Lot 2 of the aforementioned Strang
Subdivision.
Thence, S 00 degrees 08 minutes 40 seconds W a distance of 5.00
feet ( 1.52 M ) to a point for corner coincident with the existing
south right-of-way line of Strang Road.
Thence, N 89 degrees 56 minutes 20 seconds E; coincident with the
existing South right-of-way line of Strang Road based on a width
of 60.00 feet; a distance of 150.26 feet ( 45.80 M ) to a point
for corner.
Thence South, a distance of 22.67 feet (6.91M) to a 5/8" iron rod
found for the Northeast corner of the "ADDITIONAL PARCEL" and the
POINT OF BEGINNING; said point being coincident with the Northwest
corner of that certain 14.707 acre leased premises as recorded
under Harris County Clerk's file Number R014037; said point having
DuPont La Porte plant site coordinates North 4600 and West 5800.12
and Texas State Plane Coordinates Lambert Projection South Central
Zone ( 1927 Datum ) North 700,747.235 and East 3,255,971.306;
Thence, South; along and in a 7 foot chain link fence and
coincident with a West boundary line of the aforementioned 14.707
acre leased premises; distance of 319.73 feet ( 97.45 M ) to a
corner post of the 7 foot chain link fence; said point being the
Southeast corner of this 1.467 acre tract and being an interior
corner of the said 14.707 acre leased premises; said point having
DuPont La Porte Plant site coordinates N 4280.27 and W 5800.12 .
EXHIBIT A-1
Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the aforementioned
go 14.707 acre leased premises; a distance of 199.88 feet ( 60.92 M )
to a 5/8 inch iron rod set for the Southwest corner of the
"ADDITIONAL PARCEL" and having DuPont La Porte Plant site
coordinates N 4280.27 and W 6000.
Thence, North a distance of 319.73 feet ( 97.45 M ) to a 5/8 inch
iron rod set for the Northwest corner of the "ADDITIONAL PARCEL"
said point having DuPont La Porte Plant site coordinates N 4600
and W 6000.
Thence, East a distance of 199.88 feet ( 60.92 M); returning to
the POINT OF BEGINNING.
0 6%°,7
• 9
--"C‘1"1:1‘ or-
• H. CARLOS SMITH/
H. Carlos Smith
Texas Registered Professional Surveyor No. 1228 ,t - oo 1228
March 15,1995
wa•• �
Revised April 4, 1995 3UR'�
0
EXHIBIT A-2
t v/4 P.
•
NOLTEX, L. L.C. LEASED PREMISES •
METES AND BOUNDS DESCRIPTION
10 ADDITIONAL PARCEL NO. 2
Being a 1 . 467 acre (83, 908 square feet) ( 5, 936. 65 square
meters ) tract wholly contained within the E. I . DuPont de Nemours
and Company, La Porte, Harris County, Texas plant site, and being
out of Lot 3, of the Strang Subdivision, as recorded in Volume 75
at Page 22, of the Harris County Deed Records, in the Enoch
Brinson Survey, A-5 , La Porte, Harris County, Texas, as further
conveyed by deeds to E. I. DuPont de Nemours and Co. .as recorded
in Volume 8111 , at Page 60 Harris County Deed Records and by
Harris County Film Code No. 169-33-0421; said 1 . 467 acre tract
referred to as the "ADDITIONAL PARCEL NO. 2" , being further
described by metes and bounds based on the E. I. DuPont de Nemours
and Company La Porte plant site coordinate system as follows:
Commencing at the original Northeast corner of Lot 3 and the
Northwest corner of Lot 2 of the aforementioned Strang
Subdivision.
Thence. S 00 degrees 08 minutes 40 seconds W a distance of 5. 00
feet ( 1 . 52 M ) to a point for corner coincident with the existing
south right-of-way line of Strang Road.
Thence, S 89 degrees 56 minutes 20 seconds W; coincident with the
:fisting South right-of-way line of Strang Road based on a width
60.00 feet; a distance of 49. 62 feet ( 15. 12 M ) to a point for
former.
Thence South, a distance of 22.46 feet (6 . 85M) to a 5/8" iron rod
found for the Northwest corner of the "ADDITIONAL PARCEL" herein
after called "ADDITIONAL PARCEL NO. 1" and the Northwest corner of
the herein described "ADDITIONAL PARCEL NO. 2" and the POINT 0?
BEGINNING said point having DuPont La Porte Plant Site coordinates
N 4600. 00 (1402. 08 M) and W 6000 .00 ( 1828. 80 M) ;
Thence, South; coincident with a West boundary line of the
aforementioned "ADDITIONAL PARCEL NO. 1" , 1. 467 acre leased
parcel, a distance of 319.73 feet ( 97 . 45 M ) to a point for
corner in a 7 foot chain link fence, said point being the
Southwest corner of the 1 . 467 acre "ADDITIONAL PARCEL NO. I" and
the Southeast corner of the herein described "ADDITIONAL PARCEL
NO. 2, and being a point on a North line of the said 14. 707 acre
leased premises ; said point having DuPont La Porte Plant site
coordinates N 4280. 27 ( 1304. 63 M and W 6000.00 (1828 . 80 M) ;
EXHIBIT A-1
Thence, West; along and in a 7 foot chain link fence and
gincident with a North boundary line of the 14. 707 acre leased
egkemises as recorded under Harris County Clerk's file Number
014037; a distance of 199. 88 feet ( 80 . 92 M ) to a 5/8 inch iron
rod set for the Southwest corner of the "ADDITIONAL PARCEL NO. 2"
and having DuPont La Porte Plant site coordinates N 4280 . 27
( 1304. 63 M) and W 6199. 88 (1889. 72 M) , said point being found 0. 35
feet (0. 11 M) South of the 7 foot chain link fence;
Thence, North a distance of 319. 73 feet ( 97. 45 M ) to a 5/8 inch
iron rod set for the Northwest corner of this "ADDITIONAL PARCEL
NO. 2" said point having DuPont La Porte Plant site coordinates
N 4600 ( 1402.08 M) and W 6199. 88 (1889.72 M) ;
Thence, East a distance of 199. 88 feet ( 60 . 92 M) ; returning to
the POINT OF BEGINNING.
OF
'f
H. Carlos Smith :A H. CARLOS SMITH
Texas Registered Professional Surveyor No. 1228X ~ 12 ''�
February 1, 1999 9� tis 660 !r
EXHIBIT A-2
TENANT APPURTENANCE
WAY NO. 1-A ( DRIVEWAY ENTRANCE )
Being a non-exclusive right along, over and across the
DuPont La Porte plant site, herein after called Way No. 1-A
(Driveway Entrance) , for ingress, egress and access to the
ADDITIONAL PARCEL NO. 2, located within the DuPont La Porte
plant site; said right being described by the centerline of
said Way No. 1-A (Driveway Entrance) as follows:
Commencing at a 5/8 inch iron rod found for the Northeast
corner of the ADDITIONAL PARCEL NO. 2; said point being also
the Northwest corner of ADDITIONAL PARCEL NO. 1 , having
DuPont La Porte Plant Site Coordinates N 4600 and W 6000 ;
Thence, West; coincident with the North boundary line of the
ADDITIONAL PARCEL NO. 2; a distance of 67. 00 feet ( 17. 27M )
to the POINT OF BEGINNING of Way No. I-A; said point having
DuPont La Porte Plant Site Coordinates N 4600 and W 6067 .
Thence, North with the centerline of Way No. 1 a distance of
22. 39 feet ( 5. 77M ) to a point of termination; said point
being coincident with the existing South right-of-way line
of Strang Road ( based on a width of 60.00 feet ) and having
DuPont La Porte Plant. Site Coordinates N 4622. 39 and
W 6067.
Prepared from coordinates furnished by DuPont and not
surveyed on the ground.
OF
gyp API
0'4
w.
H. Carlos Smith N. CART OS S
Texas Registered Professional Surveyor No. 1228 \ , 228 + e�
February 3, 1999 `e� optss%?, °!
Page 1 of 1
"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
•
•
•
EXISTING NORTH RC.v..ti
- 5'RCACVAT ESH'f.VOL.24138.PG.256 M.C.B.R `,
.-
ORIGINAL NORTH RAV. -+xzi.
EDGE OF ASPHALT-,
D STRANG ROAD !
EDGE Or ASPHALT _
I RV Ss•20•V-4962' POINT or COIMRICING .
c3-.DITCH
OftriAilM HEEI L%I STITG SfAITH R.yV.� `5'ROADWAY ESM'T.VOL.24RD,PG_29E ILC.D.R.tir N. ,� S DO'CO'RV V-5Rr
!`yy HIAA�� S NOTES.
DATDl4GC4 A WAY 110.1-A �tlOITrH-Ne.46'
' xT M x 2z6• EAST 199.88' < 60.92 IA 1 Y �A Inµ L I
I.INPARE SI EMENIS LUM WN 2 FEET EITHER SIDECHNI T THE BOUNDARY LINE OF THE IA67 ACRE TRACT
v Na4w. um ' »' 111 ARE S/ONN IEREOM VITH ANY CNCRURACNNENTS IQ PROTRl131RA.
an GRID REARING I N B6.73•h'C I 2.COORDINATES ARE BASED 1N DU PINT LA PORTE PLANT STYE COORDINATE SYSTEM.
(�0 LI 3 THIS TRACT LIES WITHIN ZONE X.AS DELINEATED ON FL000 INSURANCE RATE HAP
N0.4E12210935 EFFECTIVE DATE.11/06/1996.
POOR 6 BEGINNING TICS TRACT IS WITHIN THE E%TRATERRITCRIAL.AURISOICTDN AND LNDER AN INDUSTRIAL
DROIICT CONTRACT WITH THE CITY OF LA PORTE.THE CITY ENFORCES NENE OF THEIR
• ORDINANCES THAT DO NUT CCK ,IN WITH THE STATE LAW,UNDER THE TERMS OF THIS CONTRACT, i
BUILDING LINES AND SET RACK LINES ARE NOT APPLICABLE UNDER THIS CONTRACT.
F i
g •
S '
4 Y X4.4 H.�.A
PL 1 1
4rili)... .
z0 i
Y
.1:2 TL6 E•I.WPOAT DE 2EN0'RS AND COPMY,HOLT£'%L.L.C.AND
'Cr-. •
01 I WARM(CERTIFY THAT THUS SURVEY VAS NAVE UNI THE GROUND ON JANUARY 23,1999
UNDER MT SIEN'RVISIOM AND SUDTAMIALLY COWL ICS VITH THE CURRENT TEXAS SOCIETY Sr
v 1.467 ACRE TRACT ^ PN)'FESS{ONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY b,CO401TION 1,SURVEY.
�O� w
4-�( x H.CARLOS3A!T'u pPt R
K w Y. 0 r, .H TERAS REGISTERED PROFESSIONAL SURVEYOR NO.1228 ',, g ;,
4 S��V .1 .1 IT.(
x.-lad..»c.K S
PLAT OF
E.I. DU PONT DE NEMOURS AND CO.
LEASH:TRACT TO
NOLTEX L.L.C.
-'Vr
OU PUNT'S LA PORTE PLANT SITE
RCING
1.467 ACRES
r!F1H1 WC HK.� M!TIF M re Y Mf NNV
°< x1 LOT 3
VEST 199.88' r 60.92 P ) \x .n STRANG SUBDIVISION
UM.
nw:i Vi.II ni x'I p VUL.75,PG.22,H.C.D.R.
ENOCH SRINSDN SSRVCT,A.5
LAPORTE,HARRIS COINTY,TEXAS
DATE.
" t-27-99 H. CARLOS SMITH 3C""' 30
111E114..�� eNGINFFRS AND SRYI:YDRS,INC, LAD HUT'
TIM P.O.ROA 529 42O N.HWY.145 3235
REV.2,ADO NAY NR 4-A(6/23/99) PROJCCT. LA POE.TCnAS lTSTI 'STit"P"-----
RE V.I.ADD WAY NO.1-A IB/03/992_ 4P33-94 R1.1210 451.4220 FAX 12BI1(.11.4:28 1 Of 1
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TNnllnne.IK naN. e 41 uamuL
w..,Co..."YnP LAI pT Or LA TTTT[.Tilt CITY[WO..NDA[P IMO
. ..-1. L MPaWAKtI Tx.w V.Mon,r nx T Lux A TIg r[1!s Or SPIIIC ONTNACT.
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i. r Lux NE TO
1�•PN. '"" NOLTEX L.L.C.
OUT or
• DU PONT'S LA PORTS PLANT SITS
OO111O
1.487 ACRES
DST
e•
LOT 00 LOT 5
STRAND SUBDIVISION
• TOL.TO.Pt.22.NGD.N.
i $.8 M<Pwi Of NLuxuMM AND e0x,wv, ADLrrM a I L AND MOCK OPINION CAVITY.0•a
i NLMt•,cern,FRP.nl PAVES NAS NADE a[NC NOMAD LOOM FARM a i v A LP PONT!.HARRIS COUNTY,T[%PS
[ no... O 110...,ALLT CONPL.ES NITA TN[CLNN[NTMICONS SDC NI.or rAOrrEsaIMNAL y .Pt h4h
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"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:
• One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
rx Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
• Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
• Freestanding identification signs shall not exceed 45
feet in height .
CZ 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
F
Oq
At*
° City of La Porte City Mana•er's Office
) Esta6lishecl 1892 The City of La Porte embraces our heritage, community value .nd
411
'IQ' opportunities,while enhancing the •uali • • • r citizens.
September 20, 2019
Noltex L.L.C.
c/o: Summit Tax Group
815 Saint Francis Lane
Houston,TX 77079
Ladies/Gentlemen:
The City of La Porte is pleased to offer your company an industrial district agreement for the twelve
year term commencing January 1, 2020. Copies of the agreement are attached to this letter. After
months of negotiations, this agreement represents a consensus reached between the City of La
Porte and Industry Committee representatives.
We at the City of La Porte feel that the continuation of industrial district agreements, which first
commenced in the City of La Porte in 1958, is mutually beneficial to the City and the more than 140
companies with which it has such agreements.
We request that your company mail or deliver the executed agreements to the City no later than
Monday,September 30, 2019. Additionally,if your company has an existing outside water or waste
water agreement with the City,we will be reaching out to update those agreements. The expiration
dates coincide with the IDA agreements and will expire on December 31, 2019.
If you have any questions, please call the undersigned at 281-470-5012.
Yours very truly,
411.011 ---.__i
•
Corby D. Alexander
City Manager
604 W.Fairmont Parkway ■ La Porte,Texas 77571 • (281)470-5011 • www.Iaportetx.go
Reid, Laura
From: Kristyn_Clakley@noltex.com
Sent: Monday, September 30, 2019 9:10 AM
To: Reid, Laura
Subject: RE: City of La Porte In-Lieu Agreement - Noltex
Laura,
Correct, there are no changes.
Thank you,
Kristyn Clakley I Controller I P: 281-842-5010 I C: 713-569-7345
Kristyn Clakley@noltex.com 112220 Strang Rd., La Porte,TX 77571 USA I www.noltexllc.com
From: Reid, Laura <ReidL@Iaportetx.gov>
Sent: Monday, September 30, 2019 9:08 AM
To: Kristyn Clakley<Kristyn_Clakley@noltex.com>
Subject: City of La Porte In-Lieu Agreement- Noltex
Importance: High
Good morning,
I am sending this as confirmation that we have received your executed copy of the City of La Porte In-Lieu
Agreement. Please confirm that there have been no changes to the attached Meets& Bounds and Plating as we can use
the existing exhibits for the new contract provided there have been no changes.
Please let me know if you have any questions.
Have a great day,
Laura Reid
City of La Porte - Deputy Tax Collector
281. 470-5050
281-470-5008 Fax
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