HomeMy WebLinkAboutO 2020-IDA-163ORDINANCE NO. 2020-IDA-163
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ORION ENGINEERED CARBONS, LLC, A
LIMITED LIABILITY COMPANY, 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. Orion Engineered Carbons, LLC, a Limited Liability Company 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 22nd day of April, 2024.
CITY OF LA RTE, TEXAS
i
Louis R. by, Mayor
APPROVED: AS TO
�s�.t k 7 . A-,4 w^a
Clark T. Askins, Aesistanb City Attorney
• NO. 2020 IDA-163
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 ORION ENGINEERED CARBONS LLC, a
limited liability company, hereinafter called "COMPANY",
W I T N E S SET 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 F
• 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 tenant 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 Land 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 rented 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.
•
2
• II.
In the event that any portion of the Land has heretofore been annexed
by City, Company agrees to render and pay full City ad valorem taxes
on such annexed Land and improvements, and tangible personal
property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended) , the
appraised value for tax purposes of the annexed portion of Land, '..
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in making
such appraisal for "in lieu" payment purposes, such appraiser must
of necessity appraise the entire (annexed and unannexed) Land,
improvements, and tangible personal property. '.
• Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal j
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
3
• ("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: 648
Company agrees to pay to City an amount of "in lieu of taxes"
on Company's land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2020,
and each January 1 thereafter of the applicable Value
• Year during the term of this Agreement, (excluding amounts
which would be so payable with respect to any Substantial
Increase in value of such Land and improvements to which
subparagraph 2, below applies) , had been within the
corporate limits of City and appraised each year by City's
independent appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 2019, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation) , for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (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.
4
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.
(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
•
5
• projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(d) If existing Property values have depreciated below
the Property value established on January 1, 2019,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2019, value; and
3. Percentage Amount of the amount of ad valorem taxes which
would be payable to City on all of the Company's tangible
personal property of every description, located in an
industrial district of City, including, without
limitation, inventory, (including inventory in a federal
Foreign Trade Zone and including Freeport exempted
inventory) , oil, gas, and mineral interests, items of
leased equipment, railroads, pipelines, and products in
storage located on the Land, if all of said tangible
personal property which existed on January 1, 2020, and
each January 1 thereafter of the applicable Value Year
during the term of this Agreement, (excluding amounts
• which would be so payable with respect to any Substantial
Increase in value of such tangible personal property to
which subparagraph 2, above 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
6
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, upon reasonable prior notice, 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 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.
7
• 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 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) .
8
• 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 I
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
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
9
• 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.
This Agreement shall be governed by, and interpreted according to,
the laws of the State of Texas.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
•
10
• 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: 0hinp n3neeel Caxbons l G
(COMPANY)
Attention: (LMc &1/QS Department
/ 6200
After becoming aware of it, 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: 0. OU.n
Address: S%Yuu4 V.A.
Laotrrtt1i3' fll6lt
Phone: (*01) 98o -1'U-
Fax:
Email: Lntnuru..you+�afvD�.rlanruXMOh 5•Lon'
Tax Agent/Billing Contact
Name: •cnc iO 1oy LCD
Address: i 4a 0 tic
S ••t i. '500 1 C 9
Phone: 34 Øt 97-i5
Fax:
Email: A ywn D.qa 41J o&p(1 CCY 0l1S.fJlr\
ENTERED INTO effective the 1st day of January, 2020.
r9RA N✓vIN,fl /1CDC f�C6O�4N�SNwC
.. . s. ,..,,...... I vim/ YI
Name: f c#41 P.
Title: )//CC R R i `'(c 1 ✓S.YEIICLLPH( /
• „. . . .. . . ._ Address: U StOVb, C. 9,
11
ATTE 1 CITY 0 E, TEXAS
By:
't crstar L ui R. Rigby
Ma r
APPROVED:
ót4 % /J By:
Clark T. Askins orb Alexander
City Attorney City anger
City of La Porte
P.O. Box 1218 CITY OF LA FORTE, TEXAS
La Porte, TX 77572-1218 604 West Fairmont Parkway
281.471.1886 La Porte, TX 77571
281.471.2047 fax
• knoxaskjns@comcast.net
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowledged before me on the 11 day of
March , 2024, by MaAison c.L.w-As , (tunas 2Gswurces iM
of Orion Engineered Carbons LLC, a limited liability company, on
behalf of said entity.
Notary Public, State of Texas
MADISON MURIEL EDWAR05
r Nata,yl0#134182210
My Cemmlplgl Explrs
May 30,2027
•
12
STATE OF TEXAS
COUNTY OF HARRIS
This instr ment was acknowledged before on the day of\ 2�, by Louis R. Rigby, yor of a City of La
a uin nicipal corporation, on behal sai e t ty.
ary Pu S o Tex
FRANCES L WOODWARD
NOTARY PUBLIC
STATE OF TEXAS
40** MY COMM.EXP.03/03/25
NOTARY ID 12681012-9
• 13
EXHIBIT"A„
Description of Land
A TRACT CONTAINING 15.9456 ACRES OF LAND OUT OF LOTS 53 AND 54 OF THE
STRANG SUBDIVISION IN THE ENOCH BRINSON SURVEY, ABSTRACT 5, IN HARRIS COUNTY,
TEXAS, A PLAT OF SAID SUBDMSION IS RECORDED IN VOLUME 75, PACE 22 OF THE
HARRIS COUNTY DEED RECORDS; SAID 15.9456 ACRE TRACT IS HEREBY DESCRIBED BY
METES AND HOUNDS AS FOLLOWS; BEARING BASIS IS NORTH RIGHT-OF-WAY LINE OF
STRAND ROAD BEING SOUTH 89 DEGREES 30 MINUTES 00 SECONDS WEST:
COMMENCING AT A POINT IN THE NORTH RIGHT-OF-WAY LINE OF STRANG ROAD (60.00
FEET IN WIDTH); SAID POINT LIES SOUTH 67 DEGREES 54 MINUTES 55 SECONDS WEST,
A DISTANCE OF 7.00 FEET FROM THE EASTERLY LINE OF LOT 54, FROM SAID POINT A
FOUND 1/2 INCH IRON PIPE BEARS SOUTH 24 DEGREES 07 MINUTES EAST, 0.48 FEET;
THENCE NORTH 89 DEGREES 27 MINUTES 48 SECONDS WEST, ALONG THE NORTH
RIGHT-OF-WAY LINE OF STRANG ROAD FOR A DISTANCE OF 140.91 FEET TO A POINT;
THENCE CONTINUING SOUTH 89 DEGREES 30 MINUTES 00 SECONDS WEST ALONG THE NORTH
• RIGHT OF WAY LINE OF STRANG ROAD FOR A DISTANCE OF 158.93 FEET TO A 5/8
INCH CAPPED IRON ROD STAMPED "SOUTH TEXAS SURVEYING" SET FOR THE POINT OF
BEGINNING AND THE SOUTHEAST CORNER;
THENCE SOUTH 89 DEGREES 30 MINUTES 00 SECONDS WEST ALONG THE ORIGINAL
NORTH LINE OF STRANG ROAD, AND THE SOUTH LINE OF LOT 53 AND 54, A DISTANCE
OF 661.81 FEET TO A 5/8 INCH CAPPED IRON ROD STAMPED "SOUTH TEXAS
SURVEYING" SET AT THE SOUTHEAST CORNER OF A CALLED 2.66 ACRE TRACT,
DESCRIBED IN A DEED FROM A.R. MILLER TO GEORGE RAMIN, DATED FEBRUARY 9, 1910
AND OF RECORD IN VOLUME 245, PAGE 202 OF SAID DEED RECORDS, FOR THE
SOUTHWEST CORNER OF THE TRACT HEREIN DESCRIBED, SND CORNER LIES 100.00 FEET NORTH 89
DECREES 30 MINUTES 00 SECONDS EAST FROM THE SOUTHWEST CORNER OF LOT 53
OF SAID STRANG SUBDIVISION;
THENCE NORTH 00 DEGREES 30 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE
OF SAID 2.66 ACRE TRACT, PARALLEL TO AND 100.00 FEET EAST OF THE WEST LINE
OF SAID LOT 53, 1055.12 FEET TO A POINT Al THE MEAN HIGH WATER LINE OF SAN
JACINTO BAY FOR THE NORTHWEST CORNER OF THE TRACT HEREIN DESCRIBED;
•
14
•
THENCE ALONG THE MEAN HIGH WATER LINE WITH ITS MEANDERS AS FOLLOWS;
SOUTH 59 DEGREES 27 MINUTES 18 SECONDS EAST, 65.27 FEET;
SOUTH 57 DEGREES 06 MINUTES 46 SECONDS EAST, 71.87 FEET;
SOUTH 70 DEGREES 06 MINUTES 51 SECONDS EAST, 54.72 FEET;
SOUTH 82 DEGREES 19 MINUTES 26 SECONDS EAST. 47.60 FEET;
NORTH 73 DEGREES 50 MINUTES 00 SECONDS EAST. 24.93 FEET;
NORTH 14 DEGREES 49 MINUTES 26 SECONDS WEST, 10.15 FEET; ',
SOUTH 85 DEGREES 37 MINUTES 55 SECONDS EAST, 16.85 FEET;
SOUTH 17 DECREES 43 MINUTES 12 SECONDS EAST, 22.97 FEET;
SOUTH 61 DEGREES 01 MINUTES 37 SECONDS EAST, 21.42 FEET;
SOUTH 81 DEGREES 30 MINUTES 10 SECONDS EAST, 322.39 FEET;
SOUTH 61 DEGREES 38 MINUTES 52 SECONDS EAST, 20.51 FEET;
• SOUTH 74 DEGREES 29 MINUTES 06 SECONDS EAST, 43.47 FEET;
NORTH 57 DEGREES 22 MINUTES 59 SECONDS EAST, 29.54 FEET;
SOUTH 83 DEGREES 18 MINUTES 05 SECONDS EAST, 18.77 FEET;
SOUTH 57 DEGREES 56 MINUTES 39 SECONDS EAST, 28.19 FEET;
SOUTH 69 DEGREES 55 MINUTES 25 SECONDS EAST, 83.90 FEET;
SOUTH 23 DEGREES 05 MINUTES 56 SECONDS EAST 44.42 FEET;
SOUTH 77 DEGREES 29 MINUTES 03 SECONDS EAST 35.28 FEET:
NORTH 79 DEGREES 35 MINUTES 23 SECONDS EAST 46.68 FEET;
THENCE ACROSS LOT 54 THE THREE FOLLOWING CALLS:
SOUTH 00 DECREES 41 MINUTES 52 SECONDS EAST 260.67 FEET TO A 5/8 INCH
CAPPED IRON ROD STAMPED "SOUTH TEXAS SURVEYING" SET;
SOUTH 89 DECREES 30 MINUTES 00 SECONDS WEST 242.87 FEET TO A 5/8 INCH
CAPPED IRON ROD STAMPED "SOUTH TEXAS SURVEYING" SET;
SOUTH 00 DECREES 41 MINUTES 52 SECONDS EAST 540.28 FEET TO THE POINT OF
• BEGINNING AND CONTAINING 15.9456 ACRES.
15
EXHIBIT"B"
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16
"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: '..
2 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.
2 One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
2 Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
2 Freestanding identification signs shall not exceed 45 feet
in height.
2 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.
•
17
• "EXHIBIT C"
Pago 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 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.
•
18
"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.
•
19