HomeMy WebLinkAboutO-2020-IDA-44 Schulman, Inc. ORDINANCE NO. 2020-IDA-44
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH A. SCHULMAN, INC., 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. A. Shulman, Inc., 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 'ORT , TEXAS
Louis R Rigby, , ay'r
ATTEST:
1
Le= oodward, City Secret.
APPROVED AS TO FORM:
R -eart
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA- fi
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 A. Schulman, Inc. (formerly Bayshore
Industrial, Inc.) , a Delaware 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
taxes" on Company' s land, improvements and tangible
3
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
Thirty (30%) valuation for any additional Value
Years beyond Value Year 2022, for a total of six
4
(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,
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
5
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
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
6
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,
within twenty (20) calendar days of receiving City' s invoice, give
written notice to the City of such disagreement. In the event
7
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 .
City shall be entitled to a tax lien on Company' s above described
property, all improvements thereon, and all tangible personal
8
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes .
VIII .
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory hereinabove
described, and the agreements herein contained shall be held to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company' s business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event any one or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI .
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
9
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: A. Schulman, Inc. (formerly Bayshore
(COMPANY)
Attention: Tax Department Department
PO Box 3646
Houston, TX 77253-3646
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: Cummings Westlake LLC
Address : 12837 Louetta Rd. Suite 201
Cypress.TX 77429
Phone: 713-266-4456
Fax: 713-266-2333
Email: aevans(cwlp.net
ENTERED INTO effective the 1st day of January, 2020.
A. Schulman, Inc. (formerly Bayshore
(COMPANY)
By: k
Name: K kmichael Moo e
Title: Assistant Secretary
Address :p0 Box 3646
Houston, TX 77253-3646
10
'Ti ST: CITY O 'O'TE, TEXAS
Ailirl‘
S-crYtary Luis R. Ri\by
Ma o•
APPROVED: �
61(--4 5124'' l .1 By: A ~
Knox W. Askins /ye— Corby D Alexan er
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 '
0Th ,is instrument was acknowledged before me on the day of
rt�), � , 20/q, by Kirkmichael Moore , Assistant Secretary
of ' A. Schulman, Inc. corporation, a Delaware corporation,
on behalf of said entity.
N. ary Public, ate of Texas
ec BRIANNA L SMITH
„ * , NOTARY PUBLIC STATE OF TEXAS
MY COMM.EXP 2/19/2021
�'+'tof/E'1.0 NOTARY ID 12931597-1
11
STATE OF TEXAS '
COUNTY OF HARRIS '
This instrument was acknowledged before me on the Y da of
D cto es , 20M, by Louis R. Rigb Mayor ,. the City of La
Porte, a municipal corporation, •' b- . ' •f said ent '
► " I A. li.
gib
No iary Public, 'tam ".'-
LEE WOODWARD
"vPNOTARY PUBLIC
* STATE OF TEXAS
``.,/.0F,t'P MY COMM.EXP.2/19/21
NOTARY ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
•
EXUIi3IT "A"
INDUSTRIAL DISTRICT AGREEMENT
WITH BAYSHORE INDUSTRIAL_, INC.
• All that certain tract or•parcel of land, consisting of 32.9112 acres in the W.P.
Harris Survey, A-30, Harris County, Texas;
BEGINNINGAT THE intersection of the south right-of-way line of McCabe Road
and the west right-of-way line of State Highway 146;
THENCE in a southerly direction coincident with the west right-of-way line
State Highway 146 to its intersection with the north boundary of the
. former Bayshore ilunicipal District Sewage Disposal Plant a 4.069 acre
tract;
•
TIIENCE northerly and westerly coincident with the eastern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its intersection with the east right-
of-way of the G.II.& S.A. Railroad;
THENCE northerly coincident with the east right-of-way line of 0.11. & S.A.
Railroad to its Intersection with the westerly projection of the
south right-of-way of McCabe Road;
.THENCE easterly along the south right-oF-way line of McCabe Road to the
POINT OF BEGIi1NING, said tract being 32.9112 acres.
Said 32.9112 acres being more particularly described in Exhibit "A Tract 1,
Tract 2, and Tract 3 Bayshore Industrial, inc.
•
•
EXIllnT'F "A"
TRACT 1
ISAYSH000THHURTRIAr., THC,
Being 14 .6253 acres of land out of the C.V. McCabe 20 acre treat• In
the W.P. Marcia Survey, Abstract Ho. 30, Marcie County, Texas, eald
treat being deearibed as follower • Bearings are based on Horth 07°
35' 20" WeAC as par record deecriptien.
Sf(1TNMING at a point on the'Weaterly rtght-of-way line of re-booat•ed
State IIEghway Ho. 146, where acme intersect° the South rtght-of-way
line of McCabe Road (00 Feet wide) said point being (narked by a 4 x
4 concrete right-of-way marker (Lop now broken off) for the
Northeast corner of the herein described tract)
'11011CM South 23° 40' 36" West, with the Weaterly Itne of said Stats
highway 146, a distance of 507,27 feet to a 4 x 4 oonorete right-of-
way marker for corner, said point, being the Hortheaat corner of a
called 10,4205 acre tract now or formerly owned by the Carla
Company, at ati
't'iff.HCi3 South 00° 23' '39" West, along the Horth I ine of aald 10.4205
acre tract and generally along a Canoe (as elmown on survey map) at
• 250 , 40 feet paastng the center line of Hartle County Flood Control
t•',aaement Ho. A104-09--00, at 710. 25 feel and 0,32 feet South passing
a 2 inch pipe, at 1009.00 feet passing a 1/2 Inch Iron pipe on lint
and continuing in all 1040.61 feet tlo an iron "'1" rail fence poet
eel in concrete (found broken off level with the ground and leaning-
reset) for corner, said point being In time Nast right-of-tray line of
the aomt:hern Pacific Railroad 100 fool right-of-way (based on the
center line location of t•caotelf
•
'I'IIHNCJ Horth 07' 35' 20" West, along the Hest line of Reid railroad,
530.60 feet to a 5/0 inch Iron rod pot• for corner from which 'a 3/4
inch iron pipe Is found 1,60 feet South and 1 .30 feel: i:aet, said
point being In the Routh line of eetd McCabe Road)
'I'iiI,HCR flot'lb 110' 35' 30" Raei;, .along tho 9e0411 t Irma of McCabe Rood
and generally parallel 1:o and 1 .00 feet north of a fence at 31 .07
feet and 2.50 feet South pointing a 3/4 inch icon pipe at 703 . 111 Capt•
panellwg the center .line of said drain eaeement and continuing in 'el.1
1347,57 feet to the Pi.ACti OF BIiOCNHINC and oontaining within these
calls 14.6253 acres of lana.
EXIILBIT 1'A"
TRACT 2
• RAYS1101i1i TWhUSTRIA1,, INC.
Balm; a 0. 1300 acro tror:t of Told Sn1:ntull lo I:Itu U. P. IlarrJ4 Snrvuy, A-3111
novae flaunty, Taxnal mild 0,1300 aura react of land huhu out at chat aneralu
I(1,42tIS Hann hitt(' of land convayert Iry !Inion (Iunrtra I11vuutturr711' (Jaupany to IJ.
T. t:nrtur, i'rnutuu and LuInl; Clan nrluund tract his rrruu(:lanad In Cha dowl of rucard
(IIad undue Ilnt•ria County Morale 111u Iln, l.1117(I11. Thu (1,130n ,Lara Tract at
load La muco parttcnlnt'Iy doacrtbad isy aloe(!!( and hauuda au tullouul
• Ila;tt1111r18 at n mama pnllt 111 cant:rata, ftnntrl fat' Lha )Iot'tlitltrllt cal'muc of
caw ho rain dcuurthnd craa1i unld pato! halal (:uldcl,luttc u(24 chis 1(trart ray boundary
IIua of of tllu (i,ll, 6 11,A,11.111 Cumpltrry 100 )'out utdu rLCIIt-of-way tun.1 halal/
('lar Srurthuutrt corm!' a1' CrrnC curenJ1 /4.45 aura !acme of Land I'ut'morl y utrmurl
11y C. 1.'. Ilt:4aho,
'1'ttoncn, 11 nn. 231 39i1 143 colacldurlc wlt0 th u Bondi boundary lino of the
nfureunid 111.45 corp 1conroi.;lnn4; tI diatuncu of 50.00 fact 1'o a 1./2 Inch Iran
rad «,rt: far chi tlurtltnuat aarnnr of Chu lru>uln duucrlb.ttl treat of Iliad.
'I'lrnnuu, :J ') 101 2011 lf) n dlutuuuu of 2(10,(10 taut ru n 1/2 loch teal' toil
mut fist the !Muck/out r.nrnor of,e)tiu 0,1100 para tract of land,
lhnncn, ii 7' 15.1 20" 111 cninaldunc lath this )loetarly right-of-Ieay llnu
of tale nforuuuid (I,1t, A II.A.It,ll, and tllu lluuturly bnuudury lino of Lilo ufaruantrl
I(!.4211:1 nova Lt.actt n illncmr,:n of 1'J1.55 taut ca this 1'0111'1' Ct' Ilkll(1t1111(1,
HSC. ---
e4 ,,. . Lys
hI'lAal$' '1r
r <�,./�/ G�'PrCrJlfttt 4,�1�4,/
(IAJlliti N. liKCK
(ff TEXAS iirmaTimmi l'001,IC S1IIIVEYHII ))0, 2021
HA'rE I II(]v1OIIIE11 1 2,I'J11
.Inl1 un, 1436-01 .
•
13XIfrnrT "A"
TRACT 3
BAY9UUOR6 Iilf)U8'I•RIAL, inc,
•
•
Immo 111. I551 scree of IA64, ht.:a'vi •:n' Ir.ci , hatren ,a` hitl•C or n
cat lint i0. 4&05 surly LoanL or land, MI Lual(UI In l•lurr 11. P. II:,r,•t v.
ElurVt+y, Flbutr':tcu No. .30, Morris( County, 'reru,n, anti balri{ m•:•t i !/
particularly tlwuct'1l,v./l Ity makes ar,tt b.aur.rla ,.0 f.;.lIc.iu,
titlniAiI4IhU! AL A 4 11th by 4 Inrh Bone:ral;a rINhL-•:.f-way marker
f.:,tail 1'.:•a• tttu I'bsr•Llrtluu4 rlvrnar or khu hsruln dnsrrllutli tract Ana
thu (I•:.utheast comer or a 14. 45 Libt'n tract, In the Hostilely
i'IlII -' f-way I Irrm o1' Mato 11I010:ay hI.t. 14I:, 11441110 t•:oaLrlrl Mouth
1z3 rlrvyt•I1uu, 3E mlr.uteu, 4i7.uur.,:,nrI Wept, n (flotation ofT417.56
rmet from a 4 Irth by 4 Ira:h cc•rirrriLw'rlpiib•-.:1'-Pray m:u•hr>ir found
at tht• Inl•ersci<ct,lar, c.f l:Iru Wnsl:,trly ri'ITI,L-of-way ! Ina or Ot:ttu
iliflhivay NO. 146 with that f• utlturiy rlliht-of-t•aty 11t0 c.f l'I4l'ahra
111ENCIF f1oub•11 23':1,a1,'et*ta,' LF.:0 Hir.'ttult, i$ apct:ntls't Oast Ir:.allucl
. North ee tla11rut:ri, 55 urlr,utan, 3t1 nuucarlhe Esutl ttl.:ntiq arra with tluit
HussturIy t•Igiit-,:•f-t,uy 11na •:r l' (ILal:n Illll:,wl.y W:•. 1•tt., a illntar :•u
or 1336.94 Twat t.:. a 4 Ir.rit by !t Ir.r:h t:•:•r :rwtm p1 1Iib-.:,f••auty
tn•:.rr..,:,ntrrl: far a:r,.rt',ar 10 n frtni:rl I (ria, hitIr.11 in the IPauLut'ly I Ink
41' .A 4.061 aorta Lruat of 1antil
IIICWISItt Horth 13 tlallreled, 31 iiin•it.u.+, 39 ut'.etanda f£,hsu Wanted
Routh Ib sinlll'eas, 29 litInutwu, •lilt Itri'cvruln 11anLI h ,iiitft uu .af•
154.0d fust b,. A Itoir.t for corner In.a:.:n.:t•ritu at it fans:u rn.rr.ut•1
TIIIII'ICIt South 01 elull,mus, 27 Inlr,,rtuu, 49 .IUI nila Wool: a illatsr.ca
:.( 390.74 foal to A point r,: ' r:c•t•tnar lo c•c'nig:r,atih .ht A ft one
C3,'rrut•,
In Llrr, EnuL•u,'ty I Ilio •:•I' the U. H. Ii ll. O. O. R. Co. •
' +••I tlltk-,>f-way t
711EHI:I( I9.:.rth 07 atrprttun, 33 t.anntnu, 110 iturr..r•riii tiwat aic•nfl and
with the Eltutut•ly (Ina of said II. 11. a U. U. A. Il. 1:0.
HOU-or-may, a it lttancn or 091. 4A root to. a Ili:. Inch iron pipe- •
nteL roe cornet', ballot the moot Li.:.uLh a:c•rnnr o•1' it 0. 1100 acre
tr'at:tl •
711fhu'b Worth 09 anemia, 10 hitf..-1euu, ea swt:.:.rnln haat it itstatnr0
•:.r ;u.u(i,ib raurt 1:.:, d Ilia 101:11 10000 lit u.i out for Chit moat East
r•c.t',.ur Of said 0. 130A :taro It'.act! ..(' 1A001 it, Irl the (i:•aLir d rift Of :.
14. 43 a,:rnI tract 01' 1 ur,at I
•
TIQi111:f: North 1111 auprttim, ,::? minui:urt, n'I tlnt:•:,ra lss 151tuL Ic;tl lute
Routh lift tlatpa'wes, 24 htl r,'.+I:asti, :'.II itnc .naa lb:u L 1 .ii I c.r,ll Anti with thu
!tooth lino of wild 14.45 .nc:rn tryst of Lana, a riiutltncu cii' 41l1l..,IL?
fuwt to thu t Ilio! (if Ilrtlllrmiri❑ ood r_,:.nittlnlrgl 11.1. 15151 Aurae of
food, mart or I wnt.
•
•
N1 nU4..t•IY.'•n.n Iu Illy
�II[SI �Q )E ,un�n.W.atJa�.Uld i.,
Ilullf r Ul 1A i lfS`
l•t''irthttnl my, 1nt.1,tI►,I,u.;tet•tu((
• d,.li�t�lUihhl,N,Ihr UiLe.d ro4Al auomt rl/111 6.14 it,
1
Itndt C.vnlr.Lut un
:JAY a 1J90
6szz-86 ' i a3trnutpi0
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Tusi J s'a1a13 out. uiurmuaa puu StnutnSxi Jo
aatrjd 7>i1 of ! 0'00Z Jo oo '167P s Auil Plwwt11iM 'M SP ,65 .68 'N 3314EILL
:1780 Lua -Z I S'Z9
Plan gLil oup Ifinos 2yl ►ri WuP4 uuwa prxs 'Eaq P Salm 1an11 cyt
pa.1311103 u, {DOC;cKp 10j pw usil t i 01 J 69'019 BS .1 ' XI '5 ii.013U L
;Ngpaa�p Rupq >atw., .ttl1
JP nu.L0 Lit iCni q1-1 101 pal will u13 011=.1 981)6C S� .5 .613 'S fl Mt i L
t i i) Bu?xl pi,a1 oto!° lc= 4Mtrlsou
cap XQj pox tuatl up 01 uaj u.t.09,nv a1 `WW1 aiam y 341 113 ..ccia oa 1aamtilac.,y
cup ptrn 1.7umatui u 519 PIS s`o i uc pMt{-0011 :iql Yui 044 u41l tlaui-aanil
s ssUd 1-uk,I £67-05 `Xlam10-14$11 -gza PTS 41 1 '1& 2 ,BI L. 'N zioNafil
tE? d •
VS IID 9c11 3Q 32-14213 111 ul SU ,1r044-Inn pigs ` x a.tau-L 15,29
Nits !p nttza3 8uArew atin3 taxi tlaul-ceuo 6 iB $tmru48
;snwi4o3
so pit.13329 i amus Ru}aq to pa,;pAuro psw p pc 'szsadrnd ilU
w�301:111ur3t4 si ozemaajal `s nj'kurooD sfeH}orialcocla p4 ci cirri lo
`95 i Aka'66147 °A ul.p 'x341 igxKI uIluu P v1Ru tuan-VZ5 $ 8ul:cq
044 1tlo-vs qt pa (fastiatild w3 Qprlw wsu'a3J tfalyn, 01 's L
`Alan3 q i rj 2I P CJ t la' `S at,1 1614 LITIII0A ui PPl0341
1)4713 ate LI pqpiA4pUal =a-m.6 u 8tmoq titaapal tptts Jo no q11-1,411.1100
iffe-V 43314)41i 01 dpi 3o rPalRd cxnkl pa uw 2uM pu,q p{tv,
`w,I,'A 44141'0i"warscill 10uRS s 'd 'M �113a lno Piaui 14: part V
zcw-Airm tizmoal pus 6:21P;11 mpozv stow
21/P4 '441z41 6964 Kt4 '0x2I.`tau 1-x1-IIsII uc `a£ .°N 1 rca1V `J;2-+.1ny s:gul1
'd 'fib Jo Ipso a1= `ral:xi 69010 8tt{tcctptoa purl parad 1a logA V
"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. )
13
/ .
iN
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.
it
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i ........... , .._ . •
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_ . ,t,..., r ,' ...,:::.....,..:.... „......,
- 7:, i '474 ei. 4:WACEitifilati-ce". r,_ _ . ,rIQ:,..0,0;.„.,..
7 , - i......A...-;:l:Aii'"?'Vr C.P_AL-, Itr,,f.54 YV:51,R:7,4,-;g ,.,.. ;t41:-.N., :-; *L. __. „
..............._ • ...„,......_
, ,.,„,....„...„.•„:„.„, ,,,,,,..„..,.,,.,,,,,,,,,., ,.,„,„.,..„...,,,.„..„.,::„..v:g'":.;:.1- . ---
`�
. ~ _ '�__--__- '__- ������� -
-- -------- -T--- - � -- ------- -�.
`
`
-_ -- L _
-_-_---__^____.-_�_'_--__'- --_ Ei :
~=���~="�_-__--_-^ ____-_-_-_'-__.''-__-- '---- -_.
'
.
.
. .
� �
"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 :
a One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
a 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.
a Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
• Freestanding identification signs shall not exceed 45
feet in height.
¢ Minimum setback for sign construction shall be ten (10)
feet from property lines.
2 . Intermodal shipping containers (including by not limited to
freight and tank containers) shall be permitted to be stacked
only to a maximum of two (2) containers in height in the said
100' strip. In those instances where shipping containers are
placed within the said 100' wide strip, the screening
requirements established in paragraph 3 immediately below
shall apply.
3 . When Land adjacent to said 100 ' strip is developed, the
initial 50 ' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques :
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
14
"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 .
15
"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.
16
OF - A
%4J -- City of La Porte City Manager's Office
.'� �Stahlis[ie 1892 The City of La Porte embraces our heritage,community values and
�� opportunities,while enhancingthe qualityof life for our citizens.
� /
October 4,2019
Mr. Alex Evans
Senior Tax Manager
Cummings Westlake,LLC
12837 Louetta Road, Suite 201
Cypress,Texas 77429
Reason: La Porte,Texas Industrial District Agreement
Dear Mr. Evans,
Per our recent conversations,the City of La Porte will extend the new value discount to projects
that began in 2014. The goal has been and continues to be that projects receive the full benefit of
6 years at the lower,new value rate (ie 20%). The 6 year phase-in will be honored for
companies entering into currently proposed industrial district agreements with the City of La
Porte.
Please feel free to contact me should you have any further questions or concerns.
•
Regards,
Corby exander, S•
City Manager
•
I
3
I
604 W. Fairmont Parkway ■ La Porte,Texas 77571 ■ (281)470-5011 ■ www.laportetx,gov
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 AND DRIVERS LICENSE
NUMBER
Special Warranty Deed
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
GRANTOR: LYONDELLBASELL ADVANCED POLYMERS INC.
(formerly known as A. Schulman, Inc.)
GRANTEE: INGENIA POLYMERS USGC, INC.
GRANTEE'S MAILING ADDRESS:
Ingenia Polymers USGC, Inc.
2222 Appelt Drive,Houston TX 77015
1
SPECIAL WARRANTY DEED
LyondellBasell Advanced Polymers Inc., a Delaware corporation, formerly known as A.
Schulman, Inc. ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars
($10.00)cash and other good and valuable consideration to it paid by Ingenia Polymers USGC,
Inc. a Delaware corporation ("Grantee"), whose mailing address is Ingenia Polymers USGC,
Inc., 2222 Appelt Drive, Houston TX 77015, the receipt and sufficiency of which are hereby
acknowledged and confessed, has, effective as of March 2, 2020, GRANTED, BARGAINED,
SOLD, and CONVEYED, and by these presents does GRANT, BARGAIN, SELL, and
CONVEY unto the Grantee that certain tract of land("Land")described on Exhibit A attached
hereto and incorporated herein, together with all improvements situated thereon and all and
singular the rights,benefits,privileges,easement,tenements,hereditaments and appurtenances
thereon or in anywise appertaining thereto, and any right, title and interest of Grantor in and to
adjacent streets, alleys and right of ways (such land, rights, benefits, privileges, easements,
tenements, hereditaments, appurtenances, improvements and interests being hereinafter
referred to collectively as the "Property").
This conveyance is given and accepted subject to (i) discrepancies, conflicts in
boundary lines, shortages in area, encroachments and any state of facts which an accurate
survey of the Property would disclose or which are shown on the public records, (ii) rights of
tenants as tenants only,and(iii)laws,regulations,resolutions or ordinances,including,without
limitation, building, zoning and environmental protection, as to the use, occupancy,
subdivision, development, conversion or redevelopment of the Property imposed by any
governmental authority(herein called the"Permitted Encumbrances").
Notwithstanding any provision herein to the contrary,except for the representations and
warranties contained in that certain Asset Purchase and Sale Agreement, dated December 20,
2019 among Grantee, Grantor, and Ingenia Polymers,Inc. Grantor makes no warranties of any
nature of kind, whether statutory, express or implied, with respect to the physical condition of
the Property (including without limitation any and all improvements located thereon and/or
comprising a part thereof), and Grantee by its acceptance of this Deed accepts the physical
condition of the Property "AS IS, WITH ALL FAULTS". The foregoing disclaimer, however,
does not and is not intended to create any new encumbrances or limitations to title with respect
to the Property not in existence as of the date hereof.
TO HAVE AND TO HOLD the Property and all improvements located thereon,
together with all and singular the rights and appurtenances thereto in anywise belonging, unto
Grantee, and, subject to the limitations on the continuing effects of the restriction set forth
herein, its legal representatives,successors, and assigns forever;and Grantor does hereby bind
itself, its legal representatives, successors, and assigns to WARRANT AND FOREVER
DEFEND all and singular the Property, subject to the Permitted Encumbrances, unto Grantee,
its legal representatives, successors, and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof by, through, or under Grantor, but not
otherwise.
[Signature page follows.]
2
WITNESS THE EXECUTION HEREOF as ofthe2G3ay of Friorvory ,2020.
GRANTOR:
LYONDELLBASELL ADVANCED
POLYMERS INC.
By: /` ��
Name: rr D •1' ,
Title: EvP -'`
STATE OF--rejer..s )
)s.s.:
County of 1-6rnS )
On jbruory 2.4 , 2020, before me, Get" Htid&ro,r ,„, Notary Public,
personally appeared Sam D . Guji%ki a who proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State ofTVA'athat the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.` Yait'4 CASEY LYDIA NANCY HENDERSON
Seal `4
Signature (Seal) �:°,�'�� •^�z Notary Public.State of Texas
:-''• d<p Comm,Expires 11-08-2020
—CA
i�7jy'�...•�l',
My commission expires on — CA ' LG� %v„°;,15,o' Notary 10 126702521
[Signature Page to Special Warranty Deed)
GRANTEE:
INGENIA POLYMERS USGC, INC.
By:
Name:
Title:
STATE OF TEXAS )
) s.s.:
County of Harris )
On re-bra R , 2020, before me, S(Ao.tr 1—..Co kt otary Public,
personally appeared (�
U e s . 1 ' U�, who proved to me the basis of
Jl
satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity,and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Texas that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
My commission expires on
x"... SHARON LYNN GALLOWAY
;1 My Notary ID#1522613
^rF op;d*': Expires October 6,2021
[Signature Page to Special Warranty Deed]
EXHIBIT A
Tract I
BEING 14.6253 ACRES OF LAND, MORE OR LESS, OUT OF THE C.F. MCCABE 28
ACRE TRACT IN THE W.P. HARRIS SURVEY, ABSTRACT NO. 30, HARRIS
COUNTY, TEXAS SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS. BEARINGS ARE BASED ON NORTH 07
DEGREES 35 MINUTES 20 SECONDS WEST AS PER RECORD DESCRIPTION
BEGINNING AT A CONCRETE MONUMENT FOUND ON THE WESTERLY RIGHT-
OF-WAY LINE OF RELOCATED STATE HIGHWAY NO 146. WHERE SAME
INTERSECTS THE SOUTH RIGHT-OF-WAY LINE OF MCCABE ROAD (80 FEET
WIDE) BEING THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 23 DEGREES 40 MINUTES 46 SECONDS WEST,WITH THE
WESTERLY LINE OF SAID STATE HIGHWAY 146. A DISTANCE OF 587.07 FEET
TO A 5/8 INCH IRON ROD SET FOR CORNER, SAID POINT BEING THE
NORTHEAST CORNER OF A CALLED 18.4285 ACRE TRACT NOW OR FORMERLY
OWNED BY THE CARLA COMPANY, AT ALL;
THENCE SOUTH 88 DEGREES 22 MINUTES 56 SECONDS WEST,ALONG THE
NORTH LINE OF SAID 18 4285 ACRE TRACT AT A CALLED DISTANCE OF 258.40
FEET PASSING THE CENTER LINE OF HARRIS COUNTY FLOOD CONTROL
EASEMENT NO R 104-09-00, AND CONTINUING IN ALL 1040 61 FEET TO A 5/8
INCH IRON ROD SET FOR CORNER, SAID POINT BEING IN THE EAST RIGHT-
OF-WAY LINE OF THE SOUTHERN PACIFIC RAILROAD 100 FOOT RIGHT-OF-
WAY (BASED ON THE CENTER LINE LOCATION OF TRACTS);
THENCE NORTH 07 DEGREES 35 MINUTES 20 SECONDS WEST, ALONG THE
EAST LINE OF SAID RAILROAD, 538.60 FEET TO A 5/8 INCH IRON ROD FOUND
FOR CORNER BEING IN THE SOUTH LINE OF SAID MCCABE ROAD;
THENCE NORTH 88 DEGREES 35 MINUTES 30 SECONDS EAST, ALONG THE
SOUTH LINE OF MCCABE ROAD AT A CALLED DISTANCE OF 783.10 FEET
PASSING THE CENTER LINE OF SAID DRAIN EASEMENT AND CONTINUING IN
ALL 1347.57 FEET TO THE PLACE OF BEGINNING ANDCONTAINING WITHIN
THESE CALLS 14.6253 ACRES OF LAND MORE OR LESS.
Tract II
ALL THAT CERTAIN TRACT OR PARCEL OF LAND IN HARRIS COUNTY, TEXAS.
OUT OF THE W P HARRIS SURVEY A-30, MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
5
BEGINNING AT A 5/8 INCH IRON ROD SET ON THE WESTERLY LINE OF
SOUTHERN PACIFIC RAILROAD COMPANY. RIGHT-OF-WAY FOR THE
SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 89 DEGREES 53 MINUTES 54 SECONDS WEST, 89.22 FEET TO A
5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF THIS TRACT ON
THE WEST LINE OF THE W P HARRIS SURVEY;
THENCE NORTH 00 DEGREES 04 MINUTES 03 SECONDS WEST WITH THE WEST
LINE OF SAID SURVEY 569.44 FEET TO A 5/8 INCH IRON ROD SET FOR
NORTHWEST CORNER;
THENCE SOUTH 89 DEGREES 53 MINUTES 54 SECONDS EAST 14 00 FEET TO A
5/8 INCH IRON ROD SET FOR NORTHEAST CORNER ON THE WESTERLY
RIGHT-OF-WAY LINE OF SAID SOUTHERN PACIFIC RAILROAD;
THENCE SOUTH 07 DEGREES 35 MINUTES 20 SECONDS EPST WITH THE
WESTERLY RIGHT-OF-WAY LINE OF SAID RAILROAD (100 FEET WIDE) 574.61
FEET TO THE PLACE OF BEGINNING CONTAINING 0.6747 ACRES OR 29.389
SQUARE FEET OF LAND
Tract III
BEING 1.32 ACRES OF LAND OUT OF THEW P HARRIS SURVEY ABSTRACT 30,IN
HARRIS COUNTY, TEXAS MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS;
BEGINNING AT A POINT ON THE EASTERLY LINE OF SOUTHERN PACIFIC
RAILROAD COMPANY RIGHT-OF-WAY WHERE THE CENTER LINE OF MCCABE
ROAD (80 FEET WIDE) INTERSECTS SAID RIGHT-OF-WAY FOR THE
NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 07 DEGREES 35 MINUTES 20 SECONDS EAST AT 36.01 FEET
(CALLED 40 FEET) PASSING A FOUND 5/8 INCH IRON ROD AT THE NORTHWEST
CORNER OF 14.6253 ACRE TRACT
AND CONTINUING ALONG THE WEST LINE OF SAID 14.6253 ACRE TRACT 574.61
FEET TO THE SOUTHWEST CORNER OF SAID TRACT FOR THE SOUTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 89 DEGREES 53 MINUTES 54 SECONDS WEST 100.55 FEET
ACROSS SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY (100 FEET
WIDE) TO A 5/8 INCH IRON ROD SET FOR THE SOUTHEAST CORNER OF A 0.6747
ACRE TRACT CONVEYED TO ROY CALBOR. JR BY DEED FROM THE
UNDERSIGNED GRANTORS DATED JUNE 18,1984 BEARING CLERK'S FILE
MARKS J565347 085-00-1 153 00136096, FOR THE SOUTHWEST CORNER OF THE
HEREIN DESCRIBED TRACT,
6
THENCE NORTH 07 DEGREES 35 MINUTES 20 SECONDS WEST 574.61
FEETALONG THE EASTERLY LINE OF SAID 0.6747 ACRE TRACT TO A 5/8 INCH
IRON ROD SET FOR THE NORTHEAST CORNER OF SAID TRACT AND FOR THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 89 DEGRESS 53 MINUTES 54 SECONDS EAST 100.55 FEET
ACROSS SAID SOUTHERN PACIFIC RAILROAD COMPANY RIGHT-OF-WAY (100
FEET WIDE)TO THE PLACE OF BEGINNING, CONTAINING 1.32 ACRES OF
LAND. MORE OR LESS
Tract IV
A TRACT OR PARCEL OF LAND CONTAINING 4.069 ACRES, MORE OR LESS,
OUT OF THE W P HARRIS SURVEY, ABSTRACT NO 30, IN HARRIS COUNTY,
TEXAS, SAID 4.069 ACRES. BEING MOREPARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD SET FOR THE SOUTHWEST CORNER OF
THE SAID 62.512-ACRE TRACT. AND THE HEREIN DESCRIBED TRACT BEING IN
THE EAST RIGHT-OF-WAY OF THE GH & SA RAILROAD;
THENCE NORTH 07 DEGREES 35 MINUTES 20 SECONDS WEST WITH SAID EAST
RIGHT-OF-WAY, A DISTANCE OF 604.92 FEET TO A 5/8 INCH IRON ROD SET FOR
THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED,
THENCE NORTH 89 DEGREES 27 MINUTES 49 SECONDS EAST 390.74 FEET TO
THE NORTHEAST CORNER OF THE TRACT BEING DESCRIBED IN THE WEST
RIGHT-OF WAY LINE OF STATE HIGHWAY NO 146 FROM WHICH A FENCE
CORNER BEARS SOUTH 53 DEGREES 26 MINUTES WEST, 1.4 FEET;
THENCE SOUTH 13 DEGREES 31 MINUTES 39 SECONDS WEST (CALLED SOUTH
10 DEGREES 44 MINUTES 58 SECONDS WEST) ALONG THE WEST LINE OF SAID
STATE HIGHWAY NO 146, A DISTANCE OF 154.08 FEET TO AN ANGLE POINT;
THENCE SOUTH 09 DEGREES 23 MINUTES 08 SECONDS WEST. CONTINUING
ALONG SAID WEST RIGHT-OF-WAY LINE OF STATE HIGHWAY NO 146,A
DISTANCE OF 458 65 FEET TO THE SOUTHEAST CORNER. FROM WHICH A
FENCE CORNER BEARS SOUTH 48 DEGREES 12 MINUTES WEST. 0 9 FEET;
THENCE SOUTH 89 DEGREES 43 MINUTES 27 SECONDS WEST WITH SAID LINE
A DISTANCE OF 200.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING
4.069 ACRES OF LAND
Tract V
BEING A 0.1308 ACRE TRACT OF LAND LOCATED IN THE W P HARRIS SURVEY,
A-30 HARRIS COUNTY TEXAS; SAID 0.1308 ACRE TRACT OF LAND BEING OUT
OF THAT CERTAIN 18.4285 ACRE TRACT OF LAND CONVEYED BY HOME
7
OWNERS INVESTMENT COMPANY TOW T CARTER; TRUSTEE AND BEING THE
SECOND TRACT AS MENTIONED IN THE DEED OF RECORD FILED UNDER
HARRIS COUNTY CLERK'S FILE NO E817660 THE 0.1308 ACRE TRACT OF LAND
IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A 5/8 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF
THE HEREIN DESCRIBED TRACT; SAID POINT BEING IN THE EASTERLY
BOUNDARY LINE OF THE G B & S A R R COMPANY 100 FEET WIDE RIGHT-OF-
WAY AND BEING THE SOUTHWEST CORNER OF THAT CERTAIN 14 45 ACRE
TRACT OF LAND FORMERLY OWNED BY C F MCCABE:
THENCE,NORTH 88 DEGREES 23 MINUTES 50 SECONDS EAST, WITH THE
SOUTH BOUNDARY LINE OF THE AFORESAID 14.45 ACRE TRACT OF LAND; A
DISTANCE OF 58.00 FEET TO A 5/8 INCH IRON ROD SET FOR THE NORTHEAST
CORNER OF THE HEREIN DESCRIBED TRACT OF LAND;
THENCE, SOUTH 09 DEGREES 10 MINUTES 28 SECONDS WEST A DISTANCE OF
200.00 FEET TO A 1/2 INCH IRON PIPE FOUND FOR THE SOUTHWEST CORNER
OF THIS 0.1308 ACRE TRACT OF LAND
THENCE, NORTH 07 DEGREES 35 MINUTES 20 SECONDS WEST WITH THE
EASTERLY RIGHT-OF-WAY LINE OF THE AFORESAID G H & S A R R AND THE
WESTERLY BOUNDARY LINE OF THEAFORESAID 18.4285 ACRE TRACT; A
DISTANCE OF 197.55 FEET TO THE POINT OF BEGINNING
Tract VI
18.1551 ACRES OF LAND, BEING A PART OF A CALLED 18.4285 ACRE TRACT OF
LAND. SITUATED IN THE W P HARRIS SURVEY, ABSTRACT 30, HARRIS
COUNTY, TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS;
BEGINNING AT 4 INCH BY 4 INCH CONCRETE RIGHT-OF-WAY MARKER FOUND
FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE
SOUTHEAST CORNER OF A 14.45 ACRE TRACT. IN THE WESTERLY RIGHT-OF-
WAY LINE OF STATE HIGHWAY NO 146,BEINGLOCATED SOUTH 23 DEGREES
40 MINUTES 46 SECONDS WEST A DISTANCE OF 587.56 FEET FROM A 4 INCH BY
4 INCH CONCRETE MONUMENT FOUND AT THE INTERSECTION OF THE
WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO 146 WITH THE
SOUTHERLY RIGHT-OF-WAY LINE OF MCCABE ROAD;
THENCE SOUTH 23 DEGREES 20 MINUTES 55 SECONDS WEST (CALLED NORTH
22 DEGREES 55 MINUTES 35 SECONDS EAST) ALONG AND WITH THE
WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO 146,A DISTANCE OF
1366.94 FEET TO A POINT FOR CORNER IN A FENCE LINE, BEING IN THE
EASTERLY LINE OF A 4.069 ACRE TRACT OF LAND;
8
THENCE NORTH 13 DEGREES 31 MINUTES 39 SECONDS EAST (CALLED NORTH
10 DEGREES 29 MINUTES 05 SECONDS EAST) A DISTANCE OF 154.08 FEET TO A
POINT FOR CORNER FROM WHICH A FENCE CORNER BEARS SOUTH 53
DEGREES 26 MINUTES WEST, 1.4 FEET;
THENCE SOUTH 89 DEGREES 27 MINUTES 49 SECONDS WEST. A DISTANCE OF
390.74 FEET TO A POINT FOR CORNER. IN THE EASTERLY LINE OF THE G H & S
A R R CO RIGHT-OF-WAY, FROM WHICH A METAL FENCE POST BEARS SOUTH
40 DEGREES 54 MINUTES WEST, 1.8 FEET;
THENCE NORTH 07 DEGREES 35 MINUTES 20 SECONDS WEST ALONG AND
WITH THE EASTERLY LINE OF SAID G H& S A R R CO RIGHT-OF-WAY. A
DISTANCE OF 891.48 FEET TO A 1/2 INCH IRON PIPE FOUND FOR CORNER,
BEING THE MOST SOUTH CORNER OF A 0.1308 ACRE TRACT;
THENCE NORTH 09 DEGREES 10 MINUTES 25 SECONDS EAST A DISTANCE OF
200.0 FEET TO A 5/8 INCH IRON ROD SET FOR THE MOST EAST CORNER OF
SAID 0 1308 ACRE TRACT OF LAND, IN THE SOUTH LINE OF A 14.45 ACRE
TRACT OF LAND;
THENCE NORTH 88 DEGREES 22 MINUTES 56 SECONDS EAST ALONG AND
WITH THE SOUTH LINE OF SAID 14.45 ACRE TRACT OF LAND. A DISTANCE OF
982.67 FEET TO THE PLACE OF BEGINNING AND CONTAINING 18.1551 ACRES
OF LAND
9
Reid, Laura
From: April Staffa/Ingenia <april.staffa@ingeniapolymers.com>
Sent: Friday, August 21, 2020 11:27 AM
To: Reid, Laura
Cc: Wolny, Shelley; doug@hughlandrum.com
Subject: RE: Agreement with Bayshore Industrial 1300 McCabe Road
Laura,
Thank you again for your attention to this matter. The address provided is correct. Have a good weekend!
April Staffa
Site Manager— La Porte, Texas
Business Manager— Primary Business
INGENIA
832-248-9623 (cell)
e-mail: april.staffa(aingeniapolvmers.com
From: Reid, Laura [mailto:ReidL@laportetx.gov]
Sent: Friday, August 21, 2020 11:13 AM
To: April Staffa/Ingenia
Cc: Wolny, Shelley; doug@hughlandrum.com
Subject: [EXTERNAL] RE: Agreement with Bayshore Industrial 1300 McCabe Road
April,
This should take care of everything as we can add the warranty deed with the existing agreement to reference the
change in ownership.
Just to verify,the mailing address provided on the deed of Ingenia Polymers USGC. Inc. 2222 Appelt Dr. Houston,TX
77015 is also the address for tax statements and all correspondence to be mailed.
I will certainly let you know if anything additional is needed.
Hope you have a wonderful weekend,
Laura Reid
City of La Porte - Deputy Tax Collector
281-470-5050
281-470-5008 Fax
Of A
4
t" mf
1
From: April Staffa/Ingenia [mailto:april.staffa@ingeniapolymers.com]
Sent:Thursday, August 20, 2020 2:44 PM
To: Reid, Laura <ReidL@laportetx.gov>
Cc: Wolny, Shelley<WolnyS@laportetx.gov>; doug@hughlandrum.com
Subject: RE: Agreement with Bayshore Industrial 1300 McCabe Road
Laura,
Thank you very much for this information. Is there anything else we need to do as the new owner of the property? Do
we need to have the agreement name changed or will you just put the Special Warranty Deed with the agreement for
reference.
Best regards,
April Staffa
Site Manager— La Porte, Texas
Business Manager— Primary Business
INGENIA
832-248-9623 (cell)
e-mail: april.staffaingeniapolymers.com
From: Reid, Laura [mailto:ReidL(alaportetx.gov]
Sent: Wednesday, August 19, 2020 11:33 AM
To: April Staffa/Ingenia
Cc: Wolny, Shelley; doug@hughlandrum.com
Subject: [EXTERNAL] RE: Agreement with Bayshore Industrial 1300 McCabe Road
Good morning April,
Hope this finds you doing well. Please accept my sincerest of apologies for not getting back with you sooner.
Thank you for sending over the Special Warranty Deed reflecting the change in ownership for the above referenced
property.
I have attached, for your records, the link to obtain a copy of the fully executed agreement between the City and A
Schulman, Inc. effective January 1, 2020.
https://publicrecords.laportetx.gov/weblink/0/doc/210465/Pagel.aspx
Please do not hesitate to reach out should you need anything additional from me.
Have a wonderful day,
Laura Reid
City of La Porte - Deputy Tax Collector
281-470-5050
281.470.5008 Fax
if
In
1° X 41
2
From: April Staffa/Ingenia [mailto:april.staffa@ingeniapolymers.com]
Sent: Friday, August 14, 2020 9:02 AM
To: Reid, Laura <ReidLPlaportetx.gov>
Subject: Agreement with Bayshore Industrial 1300 McCabe Road
Laura,
I am the Site Manager for the business previously named Bayshore Industrial. This facility has changed ownership
several times and is now owned by Ingenia Polymers. Attached is the transfer of ownership documentation for your
records.
I worked at this location previously from 2011-2016 as General Manager and had a copy of the agreement with the City
of La Porte for this property. I can't find the document and need a copy of it and any other documentation that you
might have regarding the property at 1300 McCabe Road should the original have been modified over the years.
I understand you are out today and will call you on Monday.
Thank you in advance,
April Staffa
Site Manager— La Porte, Texas
Business Manager— Primary Business
INGENIA
832-248-9623 (cell)
e-mail: april.staffa inoeniapolvmers.com
CONFIDENTIALITY NOTE: The information transmitted in this e-mail, including attachments, is intended
solely for the person(s) or entity to which it is addressed. Any review, retransmission, dissemination or other
use of, or taking of, or failure to take, any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. The information contained in this e-mail may contain confidential or
privileged material of Ingenia, and nothing herein is intended to grant any license or other rights in any trade
secrets, know-how or other intellectual property of Ingenia. If you received this e-mail in error, please contact
the sender and destroy any copies of this information
CONFIDENTIALITY NOTE: The information transmitted in this e-mail, including attachments, is intended
solely for the person(s)or entity to which it is addressed. Any review, retransmission, dissemination or other
use of, or taking of, or failure to take, any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. The information contained in this e-mail may contain confidential or
privileged material of Ingenia, and nothing herein is intended to grant any license or other rights in any trade
secrets, know-how or other intellectual property of Ingenia. If you received this e-mail in error, please contact
the sender and destroy any copies of this information
CONFIDENTIALITY NOTE: The information transmitted in this e-mail, including attachments, is intended
solely for the person(s)or entity to which it is addressed. Any review, retransmission, dissemination or other
use of, or taking of, or failure to take, any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. The information contained in this e-mail may contain confidential or
privileged material of Ingenia, and nothing herein is intended to grant any license or other rights in any trade
secrets, know-how or other intellectual property of Ingenia. If you received this e-mail in error, please contact
the sender and destroy any copies of this information
3
Reid, Laura
From: April Staffa/Ingenia <april.staffa@ingeniapolymers.com>
Sent: Friday, August 14, 2020 9:02 AM
To: Reid, Laura
Subject: Agreement with Bayshore Industrial 1300 McCabe Road
Attachments: LBI Ingenia Special Warranty Deed Fully Executed March 2_2020.pdf
Laura,
I am the Site Manager for the business previously named Bayshore Industrial. This facility has changed ownership
several times and is now owned by Ingenia Polymers. Attached is the transfer of ownership documentation for your
records.
I worked at this location previously from 2011-2016 as General Manager and had a copy of the agreement with the City
of La Porte for this property. I can't find the document and need a copy of it and any other documentation that you
might have regarding the property at 1300 McCabe Road should the original have been modified over the years.
I understand you are out today and will call you on Monday.
Thank you in advance,
April Staffa
Site Manager— La Porte, Texas
Business Manager— Primary Business
INGENIA
832-248-9623 (cell)
e-mail: april.staffa(a)ingeniapolymers.corn
CONFIDENTIALITY NOTE: The information transmitted in this e-mail, including attachments, is intended
solely for the person(s) or entity to which it is addressed. Any review, retransmission, dissemination or other
use of, or taking of, or failure to take, any action in reliance upon, this information by persons or entities other
than the intended recipient is prohibited. The information contained in this e-mail may contain confidential or
privileged material of Ingenia, and nothing herein is intended to grant any license or other rights in any trade
secrets, know-how or other intellectual property of Ingenia. If you received this e-mail in error, please contact
the sender and destroy any copies of this information