HomeMy WebLinkAboutO-2020-IDA-70 BRT Delaware, LLC ORDINANCE NO. 2020-IDA-70
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BRT DELAWARE, 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. BRT Delaware, 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 , PORTE, TEXAS
I&4lI
Louis R. 'igby, M.i or
ATTEST:
I,I
Le: oodward, y Sec ary
APPROVED AS TO FORM:
ZCOAI(
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-1Q
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 (SRT LL L
, a SEL A}b.,14RE 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, shipping containers shall be
eligible to be stacked one additional shipping container in height
within each successive 100' wide portion of Company' s Land behind
and following the preceding 100' wide strip, up to a maximum of
six shipping containers in height ; 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.
2
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended) ,
the appraised value for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of. computing the "in lieu"
payments hereunder. Therefore, the ., parties agree that the
appraisal of the Land, improvements, and tangible personal
property in the unannexed area shall be conducted by City, at
City' s expense, by an independent appraiser of City' s selection.
The parties recognize that in making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
Nothing herein contained shall ever : be interpreted as lessening
the authority of the Harris County Appraisal District to establish
the appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
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%
3
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
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-five percent (35%) , 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-five percent (35%) "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-five percent (35%) valuation
under this subparagraph (a) , for a total of six
4
(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-five
percent (25%) valuation through Value Year 2022,
and a Thirty-five (35%) valuation for any
additional Value Years beyond Value Year 2022, for
a total of six (6) Value .Years .
(b) Application of the thirty-five percent (35%) "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-five percent (35%) "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
5
3 . Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company' s
tangible personal property of every description,
located in an industrial district of City, including,
without limitation, inventory, (including inventory in
a federal Foreign Trade Zone and including Freeport
exempted inventory) , oil, gas, and mineral interests,
items of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of said
tangible personal property which existed on January 1,
2020, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
(excluding amounts which would be so payable with
respect to any Substantial 'Increase in value of such
tangible personal property to which subparagraph 2,
above 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
6
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
provisions of this Agreement.
Company agrees that if, 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
7
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 an'y 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
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 (aj 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
8
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
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
9
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
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: 2 T DE LAWm-oz,E LL C
(COMPANY)
Attention: SA- -T !A/V/fk Department
gii p4A N ST', SUITE 2.$00
HOUSTON, 1?0O2
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:
10
Plant Manager
Name: CI- ARLES CHRYST Y
Address: et500 1vt4,/ GENTvRy biz.
pA S A-'DEN a i 'MI -71 SD-7
Phone: zti - Zait - OS►0
Fax:
Email:
Tax Agent/Billing Contact
Name: BRT DEL--01,./1/AC LLG�Ji-CCOuNTINIr
Address: g11 M/Q-IN ZT StlllE SOO
I40(/STON/ TYt 7)OOL
Phone: 291_ L7/_ os-lO _
Fax:
Email: p-000vNT/NG 0 (JSD6-. CDP'/
ENTERED INTO effective the 1st day of January, 2020 .
ERT DE : AA
(COMPANY)
Na. .NI
Name: �A i F
Title: G g� 'tr.
Address '40121L00,05,1,A 44
A!T;ST: CITY OF A 'i' , TE
_ t By: ilk.
III Secretar• Louis Rigbill,
Mayor
APPROVED:-Z.Of, -7----X14e-
vs, °,/
.iox W. Aski.ns f r Cor D Alexande
City Attorney City anager
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
11
STATE OF TEXAS '
COUNTY OF HARRIS '
• This instrument was acknowledged before me on the 14 day of
C(tih�
-v' 2 01q , by Lava( �uAple, , V P j3u5i,Je-55 Ae-uef ,'pe t
of kSi) ,Yocie corporation, a -De.(rl(.vuie, corporation,
on behalf of said entity.
80,1,C;.. (
�.Q1U2Q,Q
No#ary Public, State of Texas
CYNTH 14
kW. My Cone. .
`` '1'' December 17,2022 •
•
•
STATE OF TEXAS '
COUNTY OF HARRIS '
\This instrument was acknowledged before me on the a, day of
Cktdom , 201) , by Louis R. Rigby, Mayor of the City of La
Porte, a municipal corporation, mA b-ha 1,f said entity.
LEEWOODWARD NLtary Public, St. _ • Texas
b�`�Y NOTARY PUBLIC
' is * STATE OF TEXAS
`544.0F MY COMM.EXP.2/19/21
NOTARY ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land)
13
Beginning acreage of 16.1914 is incorrect.
Deleted acct #120-728-000-0006.
N/A #120-728-000-0026 (RES E2 (Restricted Industrial Use) Bayport North
Industrial Park Par R/P No. 1 0.7623 AC) split from acct #120-728-000-0006 as
per deed 20060029225.
N/A #120-728-000-0027 (RES E (Restricted Industrial Use) Bayport North Industrial
Park Par R/P No. 1 15.4043 AC) split from acct #120-728-000-0006 as per deed
20060207689.
NZuni 10-01-07
deleted account 1207280000006 to create accounts 1207280000026 & 1207280000027
Created accounts:
1207280000026 with .7623ac as per deed dated 8-28-06
1207280000027 with 15.4043ac as per deed 20060207689
Beginning acreage on 1207280000006 is incorrect should be 16.1914ac.
SSanders 10-11-07
20070131.SCAN05. Image was scanned at best possible quality.
Bayport North Industrial Park, LP
2780 Skypark Drive, Suite 460
Torrance, California 90505
(310) 326-5500 Telephone
(310) 326-5113 Facsimile
51 °
September 11, 2006
Ms. Jo Ann Verner (713) 957-7826 (T)
Supervisor of Problem Resolutions (713) 957-7864 (F)
Harris County Appraisal District
P.O. Box 922004
Houston, TX 77292-2004
Re: 8/28/06 purchase/sale of 0.7623 acres/ 33,207 SF (Reserve E-2) out of a 40-foot section
of Reserve E from Bayport North Industrial Park, LP (seller) to Bayport Rail Terminal,
LLC (buyer)
Dear Ms. Verner:
To assist HCAD with its split out of the subject acreage for 2006, enclosed is a copy of 8/28/06
special warranty deed transferring 0.7623 acres from Bayport North Industrial Park, LP (seller) to
Bayport Rail Terminal, LLC (buyer). Should you have any questions or comments, please call
our office at(310) 326-4747. Thank you for your assistance in this matter.
Sincerely, _
Craig B. Reynolds, CPM, RPA, CCIM
CBR
71{ At_.-
enclosure . nr, ^.j 7., .1SISISTA NC:
cc: Mr. Harvey English (281) 897-1119 (T)
Commercial Tax Network (281) 897-0004 (F)
12615 Jones Road, Suite 204 (713) 829-5730 (C)
Houston, Texas 77070 h.english(c�commercialtax.com
Mr. Bob Klassen (281) 890-4781 (T)
Sunbelt Commercial Builders, Inc. (281) 890-7116 (F)
11650 Jones Road, Suite H (713) 703-6109 (C)
Houston, TX 77070 suncombld a(�aol.com
file: 2006 Property Taxes
Bayport Rail Terminal, LLC (LandAmerica Charter Title GF No. 1017000756)
20070131.SCANO5.Image was scanned at best possible quality
Notice of Confidentiality Rights: If you are a natural person, you may remove or strike
any or all of the following information from this instrument before it is filed for record in
the public records: Your social security number or your driver's license number.
SPECIAL WARRANTY DEED
Date: () Z Q , 2006
Grantor: Bayport North Industrial Park, L.P., a Texas limited
partnership
Grantor's Mailing Address: 2780 Skypark Drive, Suite 460
Torrance,California 90505
Grantee: Bayport Rail Terminal LLC,a Texas limited liability
company
Grantee's Mailing Address: 9500 New Century Drive
Pasadena,Texas 77507
Consideration: $10 and other good and valuable consideration, the receipt of
which is acknowledged.
Property(including improvements): Approximately 0.7623 acres of land, more or less, out of
Restricted Reserve E Replat, Bayport North Industrial Park
Partial Replat No. 1,according to the Map at Film Code 516298,
Map Records, Harris County, Texas, and being more particularly
described on Exhibit A,attached to this deed.
Reservations from Conveyance: 1. Reciprocal Easement. The Grantors and their successors
and assigns reserve the right to use the Property for an ingress
and egress easement to provide reciprocal, open, free and
uninterrupted access to and from any real property which
adjoins this Property.
2. Road Construction. Grantee will within 320 days from
the date of this conveyance construct and complete on the
Property a 24 foot wide concrete industrial private road with a
"Road Base" at least 9 inches thick and a "Steel Reinforced
Concrete Road" at least 7 inches thick. If the road is not
completed on or before 320 days from the date of this deed,
then Grantor is granted by the Grantee and irrevocable right and
option to repurchase the Property for the same price as that paid
by the Grantee to the Grantor to acquire the Property. The
option will expire the earlier of(i) completion of the road; or
(ii)5 years from the date of this deed.
3. Crossing Rights. Grantees right to cross the 70 ft wide
drainage easement which is recorded at Harris County Clerk's
File#437010 and File Clerk's# 516296 is contingent upon the
A 1. obligation of the Grantee to maintain the engineered flow rates
ANC, for this ditch.
20070131.SCANO5.Image was scanned at best possible quality.
Exceptions to Conveyance
and Warranty: Subject to all easements, reservations, restrictions,covenants and
conditions of record which are applicable to the Property, but
only to the extent that same are enforceable against the Property,
as well as taxes for the current year which Grantee assumes and
agrees to pay and subsequent assessments for that and prior years
due to changes in land usage and ownership, or both, the
payment of which Grantee assumes.
Grantor, for the consideration and subject to the Reservations from and Exceptions to
Conveyance and Warranty, grants, sells and conveys to Grantee the Property, together with all and
singular the rights and appurtenances thereto in any wise belonging, to have and hold unto Grantee and
Grantee's heirs, executors, administrators, successors or assigns forever. Grantor hereby binds Grantor
and Grantor's heirs, executors, administrators, and successors and assigns to warrant and forever defend
all and singular the Property to Grantee and Grantee's heirs, executors, administrators, 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, except as to the Reservations from Conveyance and
Exceptions to Conveyance and Warranty.
THE PROPERTY IS CONVEYED "AS IS, WHFRE IS" WITH ALL FAULTS. THE
GRANTOR MAKES NO REPRESENTATION OR WARRANTY (EXCEPT FOR THIN
WARRANTY OF TITLE IN THIS SPECIAL WARRANTY DEED) CONCERNING THE VALUE
OF 1'HE PROPERTY, THE CONDITION OF ANY IMPROVEMENTS ON THE PROPERTY,
THE ENVIRONMENTAL CONDITION OF THE PROPERTY,THE PRESENCE OR ABSENCE
OF ANY HYDROCARBONS, ASBESTOS, HAZARDOUS MATERIALS OR TOXIC
SUBSTANCES ON THE PROPERTY, THE PRESENCE OR ABSENCE OF UNDERGROUND
STORAGE TANKS, THE SUITABILITY OF THE PROPERTY FOR A PARTICULAR
PURPOSE, THE MERCHANTABILITY OF THE PROPERTY, THE PRESENCE OR ABSENCE
OF ANY GROUND FAULTS OR THE GEOLOGICAL CONDITION OF THE PROPERTY.
THE GRANTOR MAKES NO REPRESENTATION NOR SHOULD ANY REPRESENTATION
BE IMPLIED AS A RESULT OF A COURSE OF CONDUCT OF THE GRANTOR OR
GRANTEE OR DUE TO INDUSTRY USAGE AND PRACTICE. THE GRANTEE IS FAMILIAR
WITH THE TYPE OF PROPERTY BEING CONVEYED. THE GRANTEE BY ACCEPTING
THIS DEED WAIVES ANY RIGHT OR CAUSE OF ACTION THAT MAY ARISE UNDER THE
TEXAS DECEPTIVE TRADE PRACTICES/CONSUMER PROTECTION ACT. THE
GRANTEE BY ACCEPTING THIS DEED RELEASES THE GRANTOR FROM ANY CLAIM
OR CAUSE OF ACTION RELATED TO THE CONDITION OF THE IMPROVEMENTS,EVEN
IF THE CONDITION OF THE IMPROVEMENTS HAS CHANGED AS A RESULT OF THE
NEGLIGENCE, INTENTIONAL NEGLECT OR INTENTIONAL ACTIONS OR INACTIONS
OF THE GRANTOR. 1'HE GRANTEE BY ACCEPTING THIS DEED RELEASES THE
GRANTOR FROM ANY CLAIM OR CAUSE OF ACTION RELATED TO THE
ENVIRONMENTAL CONDITION OF THE PROPERTY OR BY THE PRESENCE OF ANY
HAZARDOUS MATERIALS OR TOXIC SUBSTANCES ON THE PROPERTY. EXCEPT FOR
THIS DISCLAIMER OF WARRANTIES AND RELEASE OF CLAIMS, WHICH DO SURVIVE
ALL OTHER AGREEMENTS AND REPRESENTATIONS ARE MERGED INTO THIS DEED.
THE GRANTEE ACKNOWLEDGES TO THE GRANTOR THAT IT HAS BEEN GIVEN AN
ADEQUATE OPPORTUNITY TO INSPECT THE PROPERTY AND HAS DETERMINED TO
RELY SOLELY ON ITS OWN INSPECTION OF THE PROPERTY AND NOT ON ANY
STATEMENTS OF THE GRANTOR OR ANY AGENT OR REPR$SENTATWF./' . T$E
GRANTEE.
20070131.SCANO5.Image was scanned at best possible quality.
When the context requires, singular nouns and pronouns include the plural.
Bayport North Industrial Park,L.P.
by Fairmont Underwood,Ltd.,its
sol eral partner
y:
11111P'" Tuffli,President
411111,
STATE OF T€XAS G ct.L'fVr" L §
COUNTY OF L(93 )41^-feel of §
This instrument was acknowledged before me on this 2 84t1 day of /41A-11,- + , 2006
by Don L. Tuffli, President of Fairmont Underwood, Ltd., the sole general partner of Bayport North
Industrial Park,L.P.
Notary Public,State of.Temas C fr,rrl i�--
Return to:
HAW C. THAKOR
-1 - COMM.#1482890 3
NOTARY PU EIC•CALIFOIt<+IA
•`,ti!_'-'�. l05 NE1E3 COUNTY
•' 1 Comm.Erzp.MAY 31,2408
20070131.SCAN05. Image was scanned at best possible quality.
G.F.No. 1017000756
Exhibit A
All that certain 0.7623 acres of land for Bayport Rail 40' Roadway Easement being out of Restricted
Reserve"E" Replat, Bayport North Industrial Park Partial Replat No. 1 according to the plat thereof filed at
Film Code No. 516298, Harris County Map Records, also being out of that certain called 45.59 acre tract
of land described in a deed dated 11-08-1999 from Don L. Tuffli, Trustee to Bayport North Industrial Park,
L. P. filed for record in the Official Public Records of Real Property of Hams County, Texas, at Clerk's File
No. U-074536, Film Code No. 529-10-2596 and being more particularly described by metes and bounds
as follows:
COMMENCING at a found 5/8"iron rod with cap located in the south right-of-way line of New Decade
Drive (60'wide) at its intersection with the west right-of-way line of New West Drive (60'wide); Thence N
87° 26'41" E-480.02', with the said south right-of-way and north line of the aforementioned Reserve"E"
to a set 5/8" iron rod with cap for corner, marking the POINT OF BEGINNING of the herein described
tract;
THENCE N 87° 26'41" E-80.00',with the said south right-of-way and north line of the aforementioned
Reserve"E"to a set 5/8" iron rod with cap for corner, marking the east end of a 20' cut back line for the
east right-of-way line of a said 40'roadway easement;
THENCE S 42° 10' 09"W- 28.15', with the said cut back line to a set 5/8" iron rod with cap for the said
east right-of-way line of said 40' roadway easement;
THENCE S 03° 06'23"E-800.18',with said east right-of-way line of said 40'roadway easement, to a
found 5/8"iron rod with cap for corner marking the south line of said Reserve "E" Replat;
THENCE S 87° 27'55"W-40.00', with the said south line of Reserve"E" Replat to a found 5/8" iron rod
with cap for corner;
THENCE N 03° 06' 23"W-800.17'to a set 5/8" iron rod with cap for corner, marking the south end of a
20'cut back line for the west right-of-way line of said 40' roadway easement;
THENCE N 47°49' 51"W- 28.42', with the said cut back line to the POINT OF BEGINNING and
containing 0.7623 acres (33,207 square feet) of land, more or less
....4.:7:111,1 .'_"..1T'
Exhibit A Legal Description(Short) Page 1 of 1 %Wit Rev.7/03
I
7TUFFLI COMPANY, INC. (~n r C'
2780 SKYPARK DRIVE, SUITE 460 ttll fl! 4 64.634 i
r63Q M
mu LL
TORRANCE, CALIFORNIA 90803 (� ~ 1t
fLv SE? ti 114 311131115514i1SS
1 1
i
Ms. Jo Ann Verner
4 Supervisor of Problem Resolutions
Harris County Appraisal District N
(� P.O. Box 922004 0
1 Houston, DS 77292-2004 o
•
. .l \; w
in
Z t !� n
• ,� D
i cZn
� _
__ I_. rt.
? '•`.l
U,
0
d
m
•
a
a)
Sr
In
• 0
In
In
111111'111'11/111111/11.11u11111.11111.a1111111tiNtcc
c
"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
"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.
• 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.
• 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 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.
15
"EXHIBIT C"
Page 2 of 3
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 of the development. Existing trees
shall, together with other vegetation and underbrush,
create a continuous visual screen.
b) The use of earthen berms tiith 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.
16
"EXHIBIT C"
Page 3 of 3
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.
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
ISIIIII .
BAYPORT RAIL TERMINAL LLC
ACCOUNT '207280000026
ADDRESS 0 NEW WEST DR
PASADENA,TX 77507
OWNER BAYPORT RAIL TERMINAL LLC
TAX YEAR 2019
KEY MAP 579E
TOTAL
APPRAISED 94052
VALUE
LEGAL DESCRIPTION 1 RES E2
LEGAL DESCRIPTION 2 (RESTRICTED INDUSTRIAL USE)
LEGAL DESCRIPTION 3 PAR RIP NO 1
LEGAL DESCRIPTION 4 BAYPORT NORTH INDUSTRIAL PARK
MAIL TO BAYPORT RAIL TERMINAL LLC
MAIL ADDRESS 811 MAIN ST STE 2800
HOUSTON; TX 77002-6234
UPDATED JULY 2019
INew Decade Drive New Dec:
❑ X
BAYPORT RAIL TERMINAL LLC
ACCOUNT 1207280000026
ADDRESS 0 NEW WEST DR
PASADENA,TX
77507
OWNER BAYPORT RAIL
TERMINAL LLC
TAX YEAR 2019
KEY MAP 579E
I TOTAL I V
I
AnnnwIccn nengl
Zoom to ...
6053D7
B5 RES C5
4530 RES C6 HarriS
120-728-000-0018 r
120-728-000-0021 `j u n ty
2.0489 AC Z RES C3
120-728-000-0032
9601 ,, Appraisal
5.7700 AC
425
120-728-000-0031
m4.2300 AC District
4607 N
120-728-000-0014
RES B3 • 70 6.9179 AC i•
120-720-0015iIIiIiIi
396.56 0 50 100 200
sa 2so afi
Feet
425 ' NEW DECADE DRIVE
PUBLICATION DATE:
12/28/2018
806.66
80
2so of 230.0' ,.q ,. Geospatial or map data
maintained by the Harris N
County Appraisal District
p N Is for informational purposes
and may not have been
c 0 prepared for or be suitable
CI
�"� for legal,engineering,or
psurveying purposes.It
CD
RES El RES E1-A RES E cD does not represent an
on-the-ground survey and
N
Cl.) only represents the
rn approximate location of
RES BI u� property boundaries.
MAP LOCATION
120-728-000-0027
15.4043 AC `�-,
4700 120-728-000-0025 120-728-000-0029
120-728-000-0011 $ m �'4.7064 AC 4.7022 AC — ���
8.7018 AC oi
co .NVIITIOniiiiill,
m ��,`=�`L�
q m 1
BAYPORT NORTH FACET
INDUSTRIAL
PARK PAR R/P 6053D
120-728
SEC 1
5 6 7 8 5
9 10 // 12 9
609137 ---..---_--_—___.— 1 2 3 4 1
56.87 a8 _ ---
63605
6052133