Ordinance No. 15,483 ORDINANCE NO. 15,483
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN EXTENSION OF
THE AGREEMENT FOR EMERGENCY PROTECTION SERVICES WITH
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2;AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager and City Clerk of the City of Baytown to execute and attest to an
Extension of the Agreement for Emergency Protection Services with Chambers County
Improvement District No. 2. A copy of said extension is attached hereto, marked Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 22nd day of June, 2023.
OB POWEL , Mayor Pro Tem
EST: �pYTOWN
O�pe�o0000p�DO.T�
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B O
ANGELA CKSO ty C
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APPROVED AS O F i
SCOTT L OND, City Attorney
RAKaren Anderson ORDINANCES\2023\2023.06.22 CCID2Renewa1.docx
EXHIBIT "A"
EXTENSION OF THE AGREEMENT FOR
EMERGENCY PROTECTION SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
This EXTENSION AGREEMENT is made, entered into and effective as of the Is` day of July,
2023,by and between the CITY OF BAYTOWN,Texas,a municipal corporation located in Harris County
and Chambers County, Texas (the "CITY"), and Chambers County Improvement District No. 2, (the
"DISTRICT"),having a territory and facilities in Chambers County,Texas.
WHEREAS,the City Council approved the Agreement for Emergency Protection Services between
the CITY and the DISTRICT on October 23,2014,for the CITY to provide emergency support and backup
protection to the DISTRICT's territory and facilities therein(the"Agreement"); and
WHEREAS,the Agreement was amended on March 29,2019,was extended by Council on October
24,2019; June 10,2021;and June 23,2022; and
WHEREAS,the Agreement will expire June 30,2023; and
WHEREAS, the CITY and the District desire to extend the Agreement for a one-year period in
order to continue the development of a payment structure to recoup costs expended for fire and emergency
medical services within the DISTRICT;
NOW THEREFORE,in consideration of the promises and of the mutual covenants and agreements
herein contained,the CITY and the DISTRICT agree as follows:
1. That the CITY and the DISTRICT agree to extend the term of the Agreement for Emergency
Protection Services,which is attached hereto as Exhibit"A"and incorporated herein for all intents
and purposes,until June 30,2024,under the same terms.
2. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and
persons performing emergency services for fire,chemical and medical emergencies at the Territory.
3. In the event of any ambiguity in any of the terms of this Extension Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the same.
4. This Extension Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas,regardless of the place of its execution or performance.
The place of making and the place of performance for all purposes shall be Baytown,Harris County,
Texas.
5. This Extension Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow
any rights upon any third parties.
6. This Extension Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties. This Agreement
shall not be amended or modified without the express written consent of both parties hereto.
7. The officers executing this Extension Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Extension Agreement and to bind the party he/she
represents.
Extension Agreement,Page 1
IN WITNESS WHEREOF,the parties have executed this Extension Agreement as of the date first
set forth above in multiple copies, each of which shall be deemed to be an original, but all of which shall
constitute but one and the same agreement.
CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 2
Authorized Agent's Signature
Authorized Agent's Printed Name
Authorized Agent's Title
ATTEST:
Signature
Printed Name
Title
CITY OF BAYTOWN
JASON E. REYNOLDS
City Manager
ATTEST:
ANGELA JACKSON
City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND
City Attorney
R.Karm Anderson CONTRACTS 301 CCID42ExtmsioMgr a ml'_0?1.Jat
Extension Agreement,Page 2
EXHIBIT "A"
AGREEMENT FOR EMERGENCY PROTECTION SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
JIUS AGREEMENT is made, entered into and effective as of the �q"da y of
2014 (the "Effective Date"), by and between the CITY OF BAYTOWN, Texas, a
municipal corporation located in Harris County and Chambers County, Texas (the "CITY"), and
Chambers County Improvement District No. 2, (the "DISTRICT"), having a territory and facilities in
Chambers County,Texas;and
WHEREAS, the CITY will provide fire fighting support and backup protection to the
DISTRICT's territory and facilities therein, but shall not be obligated to purchase any additional
equipment or build any additional facilities in order to provide such support and backup protection, it
being the intent of the parties that the level of protection be that which was being provided by the CITY
as of the date of said Agreement;and
WHEREAS the DISTRICT's territory includes real and personal property used in the logistics,
warehousing, distribution, manufacturing, refining and chemical manufacturing, research, support, and
office facilities used in direct support of these operations situated either contiguous thereto or separated
by roads, which territory is more specifically identified in Exhibit "A," which is attached hereto and
incorporated herein for all intents and purposes(hereinafter referred to as the"Territory");and
WHEREAS, the DISTRICT desires the CITY to provide fire fighting and rescue services to the
Territory in support of which the DISTRICT shall make certain payments to the CITY to enable the
CITY's Fire Department to improve fire fighting and rescue response capabilities;and
NOW THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained,the CITY and the DISTRICT agree as follows:
1. The CITY will respond, at the request of the DISTRICT or landowners and tenants in the
DISTRICT,with emergency services for fire,chemical and medical emergencies at the Territory
which escalate above the incipient or internal response capability of the personnel of the
landowners and tenants within the Territory, which services will be provided with reasonable
promptness to the extent the equipment, facilities, personnel, training and other resources
available to the CITY will,from time to time,permit.
2. The CITY represents that Exhibit`B,"attached hereto is, to the best of its knowledge and belief,
a complete listing of the CITY's fire and chemical protection equipment, facilities, materials,
training, personnel and other emergency response resources, which, as of the Effective Date of
this Agreement,may be utilized for response in the event of an emergency within the Territory as
described herein. Upon the written request of the DISTRICT as described hereinbelow,the CITY
shall amend Exhibit "B" annually to reflect all such resources which have been acquired and/or
retired during the CITY's prior fiscal year, irrespective of the source of such resources. The
CITY shall prepare this amended Exhibit`B"within thirty(30)days after the DISTRICT makes
a written request therefor.
3. The CITY's Rules and Regulations for Baytown Fire and Rescue Services and Operations
Manual("Standard Operating Procedures")governing the response to the various emergencies,in
conjunction with the availability of resources, shall dictate the CITY's initial response to
Exhibit"B,"Page I
emergency situations reported by the DISTRICT to the CITY. The Chief of the CITY's Fire
Department or the senior Fire Officer on the scene, i.e., the Incident Commander,shall,with the
assistance and cooperation of plant/facility officials within the Territory and analysis of the stand-
by resources required, determine the level of additional CITY, Channel Industries Mutual Aid
("CIMA")and/or other outside response required.
4. In addition to the obligation of the DISTRICT, its landowners or tenants to pay all reimbursable
expenses required herein, the DISTRICT shall make annual payments to the CITY during the
term or terms of this Agreement,as provided in this Paragraph.
For the services required to be rendered herein, the DISTRICT shall pay quarterly payments
equal to following based upon the fair market value of all of the land and all other tangible
property, real, personal or mixed, within the DISTRICT'S territory as most recently certified by
the chief appraiser of the Chambers County Appraisal District:
>$ 1000,000 to <$10 000,000 $ 2,500
>$ 10,000,000 to <$50,000,000 $ 10,000
>$50,000,000 to <$ 100,000,000 $ 15,000
>$100,000,000 to <$200,000,000 $25,000
$25,000
>$200,000,000 or
(Actual Market Value x.04%)/4
whichever is greater
The parties agree that to determine the fair market value of all of the land, improvements, and
tangible property located within the DISTRICT'S territory in accordance with the market value
computation contemplated in the Texas Property Tax Code for the purpose of calculating the
DISTRICT's payment in the manner described above. The calculation of fair market value shall:
a. be made without reference to the exemption for pollution control property in
Section 11.31, Texas Property Code, and Article Vlll, Section 1-I, Texas
Constitution, as the same presently exist or may hereinafter be amended, using
the fair market value of pollution control equipment as certified by the Chambers
County Appraisal District.
b. not be limited to only properties for which a rental market exists if the income
method of appraisal as described in Section 23.012 of the Texas Property Tar
Code is used,instead if such method is used,the chief appraiser shall:
(1) use income and expense data pertaining to the property, if possible and
applicable;
(2) make any projections of future income and expenses only from clear and
appropriate evidence;
(3) use data from generally accepted sources in determining an appropriate
capitalization rate;and
(4) determine a capitalization rate for income-producing property that
includes a reasonable return on investment, taking into account the risk
associated with the investment.
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C. be calculated without reference to any new tax exemption or any increase in an
existing tax exemption enacted after January 1,2012.
The quarterly payments for each Contract Year will be due on the first(1st)day of April, July,
October, and January of such Contract Year. Failure of the DISTRICT to make payments in a
timely manner will be considered a material breach of this Agreement and will result in interest in
the amount of 1%per month being accessed on all delinquent amounts. Additionally for such a
material breach,the CITY, in its sole discretion,shall have the right,but not the obligation,(i)to
suspend services until the DISTRICT makes payment in full or(ii)to terminate this Agreement.
In the event of suspension or termination,the CITY shall provide the DISTRICT written notice of
the same.
5. The DISTRICT agrees that in receiving assistance from the CITY or other CIMA members, the
DISTRICT shall replace material used, and shall repair or replace equipment lost or damaged in
the control of a fire or emergency situation within the Territory, in cash based on current
replacement cost or in kind, in the same manner as specified in Section 2.6 of the CIMA Bylaws
adopted December 28, 2010, unless otherwise specified herein, which bylaws are incorporated
herein by this reference for all intents and purposes. Reimbursement of damaged or lost
equipment is required without regard to the cause or causes thereof(including damage or loss
caused by preexisting conditions) or the negligence of any party or parties, including, but not
limited to the owner,the operator,the CITY and any CIMA member, as well as their respective
officers, agents or employees, whether such negligence be sole, joint or concurrent active or
passive. Material used includes, but is not limited, to, fire fighting foam, hazardous materials
containment or absorbent materials and chemical protective clothing and equipment.
Reimbursement of monies expended is required without regard to the cause or causes thereof or
the negligence of any party or parties, whether such negligence be sole,joint, or concurrent,
active or passive.
The obligations in this Paragraph 5 shall be in addition to and shall remain in effect
notwithstanding termination of the payments described in Paragraph 4 or the termination of this
Agreement. The reimbursements required pursuant to this Paragraph 5 shall be due within thirty
(30)days after the CITY renders the services resulting in the DISTRICT's obligation to replace
material used, and/or to repair or replace equipment lost or damaged in the control of a fire or
emergency situation within the Territory. Failure of the DISTRICT to make payments in a timely
manner will be considered a material breach of this Agreement and will result in interest in the
amount of 1% per month being accessed on all delinquent amounts. Additionally, for such a
material breach,the CITY, in its sole discretion,shall have the right,but not the obligation,(i)to
suspend services until the DISTRICT makes payment in full or(ii)to terminate this Agreement.
In the event of suspension or termination,the CITY shall provide the DISTRICT written notice of
the same.
6. The DISTRICT understands and agrees that should the CITY seek assistance from CIMA for fire-
fighting, rescue, Hazmat and/or medical manpower and facilities or any other assistance in an
emergency situation within the Territory, the DISTRICT shall sign a CIMA Non-member
Emergency Incident Assistance and Reimbursement and Indemnification Agreement(the"CIMA
Agreement") and shall abide by the terms thereof. Should the DISTRICT fail for any reason to
sign the CIMA Agreement, the DISTRICT shall still be responsible for all expenses the CITY
incurs in complying with Section 2.6 of the CIMA Bylaws,passed on December 28, 2010. The
DISTRICT understands and agrees that all CIMA reimbursement costs incurred by the CITY, for
whatever, reason shall be borne by the DISTRICT. Should any of the provisions of this
Agreement conflict with the terms of the CIMA Agreement, irrespective of whether the
3
DISTRICT signs such agreement,those provisions providing the most protection to the CITY, as
determined by the CITY,shall control.
ALL PROVISIONS CONCERNING REUVIBURSEMENT OBLIGATIONS UNDER THIS
AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION HEREOF.
7. The term of this Agreement shall commence on the Effective Date of this Agreement and shall
continue for an initial term of six (6) years from such date ("Initial Term"), unless terminated
pursuant to Paragraph 4 or 5 hereinabove. Following the Initial Term, this Agreement may be
renewed for an additional four-year term upon agreement of the parties. Each year during the
Initial Term and any successive tern of this Agreement,commencing on April 1 of each year and
ending March 31 of the following year,shall be deemed a"Contract Year"hereunder.
8. The parties understand and agree that the suspension or termination of this Agreement for any
reason has no effect on any Industrial District Agreement between the CITY and any entity lying
within the Territory. All such agreements shall remain in full force and effect pursuant to its term
and conditions thereof.
9. The parties understand and agree that this Agreement shall remain in full force and effect
pursuant to its terms and conditions,throughout the term or terms hereof,provided,however,that
if.
(a) the CITY and/or the DISTRICT are unsuccessful in preventing an annexation or
incorporation by another municipality or
(b) the CITY annexes a portion of the Territory,
the CITY or the DISTRICT may, in its sole discretion, terminate this Agreement only for that
portion of the Territory affected by the annexation or incorporation at any time after the Effective
Date of such annexation or incorporation. The DISTRICT may terminate this Agreement on one
hundred eighty(180)days notice if it determines, in good faith,that the CITY is not providing an
adequate level of fire,chemical and medical emergency services to the DISTRICT. ,
10. In the event the terms and conditions of this Agreement are rendered ineffective or that their
effect is changed by the constitution,any Legislative changes,or any interpretation of Texas law,
both parties agree that this Agreement shall be renegotiated to accomplish the intent and purposes
of this Agreement.
11. THE DISTRICT AGREES TO INDEMNIFY AND DEFEND THE CITY IN
ACCORDANCE WITH THE INDEMNIFICATION PROVISIONS CONTAINED
IN THE CIMA AGREEMENT, DEFINED IN PARAGRAPH 6, SAID
AGREEMENT BEING ATTACHED HERETO AND INCORPORATED HEREIN
AS EXHIBIT"C."
12. The DISTRICT shall procure and maintain at its sole cost and expense for the term(s) of the
Agreement insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the work hereunder by the CITY, its agents,
representatives,volunteers,employees or subcontractors.
12.1 The DISTRICT's insurance coverage shall be primary insurance with respect to the
CITY, its officials, employees and agents. Any insurance or self-insurance maintained
4
by the CITY, its officials, employees or agents shall be considered in excess of the
DISTRICT's insurance and shall not contribute to it.
12.2 The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
a. Commercial General Liability
■ General Aggregate: $1,000,000
■ Per Occurrence: $500,000
■ Coverage sball be at least as broad as ISO CG 00 01 04 13
■ No coverage shall be deleted from standard policy without notification of
individual exclusions being attached for review and acceptance.
b. Business Automobile Policy
IN Combined Single Limits: $1,000,000
or
BI per person$100,000
B1 per accident$300,000
PD per accident$100,000
■ Coverage for"Any Auto"
12.3 The following is applicable to all policies of insurance required in Paragraph 12.2:
a. Insurance carrier for all liability policies must have an A.M. Best Rating of
B+:V1II or better.
b. Only insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
C. Liability policies must be on occurrence form.
d. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after
thirty (30) days' prior written notice by certified mail, return receipt requested,
has been given to the CITY.
e. The CITY, its officers, agents and employees are to be added as Additional
Insureds to all liability policies. If the DISTRICT chooses to Self-Insure, the
General Liability and Automobile Liability Insurance requirements of Paragraph
12.2, then the DISTRICT's extension of Additional Insured Status to the CITY,
its officers,agents and employees shall be governed by the applicable Indemnity
Agreement in the By-Laws of C134A Section 2.6.
f. Upon request and without cost to the CITY, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the CITY.
g. DISTRICT shall file with the CITY valid Certificates of Insurance and
endorsements acceptable to the CITY and shall provide updates of the same
throughout the term hereof.
S
13. All notices required to be given hereunder shall be given in writing by overnight, or facsimile
transmission, or by certified or registered mail at the respective addresses of the parties set forth
herein or at such other address as may be designated in writing by either party. Notice given by
mail shall be deemed given three days after the date of mailing thereof to the following addresses:
DISTRICT
Chambers County Improvement District No.2
Attn:Peter T.Harding
Schwartz,Page&Harding,L.L.P.
1300 Post Oak Boulevard
Suite 1400
Houston,TX 77056
Fax No.(713)623-6143
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown,TX 77522
Fax No. (281)420-6586
14. It is agreed and understood that the DISTRICT is responsible for the safety of its personnel and
persons performing emergency services for fire, chemical and medical emergencies at the
Territory.
15. The DISTRICT shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without the prior written consent of CITY,which consent shall not
be unreasonably withheld.
16. Notwithstanding anything to the contrary contained in this Agreement, the CITY and the
DISTRICT hereby agree that no claim or dispute between the CITY and the DISTRICT arising
out of or relating to this Agreement shall be decided by any arbitration proceeding including,
without limitation,any proceeding under the Federal Arbitration Act(9 U.S.C. Sections 1-14), or
any applicable State arbitration statute, including, but not limited, to the Texas General
Arbitration Act,provided that in the event that the CITY is subjected to an arbitration proceeding
notwithstanding this provision,the DISTRICT consents to be joined in the arbitration proceeding
if the DISTRICT's presence is required or requested by the CITY of complete relief to be
recorded in the arbitration proceeding.
17. In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for
or against any party hereto on the basis that such party did or did not author the same.
18. This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be
Baytown,Harris County,Texas.
19. This Agreement shall bind and benefit the CITY and the DISTRICT and shall not bestow any
rights upon any third parties.
20. Failure of either party hereto to insist on the strict performance of any of the agreements herein or
to exercise any rights or remedies accruing thereunder upon default or failure of performance
6
shall not be considered a waiver of the right to insist on and to enforce,by an appropriate remedy,
strict compliance with any other obligation hereunder or to exercise any right or remedy
occurring as a result of any future default or failure of performance.
21. This Agreement contains all the agreements of the parties relating to the subject matter hereof and
is the full and final expression of the agreement between the parties. This Agreement shall not be
amended or modified without the express written consent of both parties hereto.
22. The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first set forth
above in multiple copies,each of which shall be deemed to be an original, but all of which shall constitute
but one and the same Agreement.
CI'I-Y OF BAYTOWN
F
ROBfiRT 1b.LEIPE
Manager
e10
ATTEST:
s�
ETICIA BRYSCH ,,�•��.
City Clerk ,.• �'
APPROVED AS TO FORM:
ACID RAM REZ,SR.
City Attorney
CHAMBERS COUNTY
1MPROVEMENT DISTRICT NO.2
By:_
Signature of President,Board of
Directors
Printed Name
7
1�'
20. Failure of either party hereto to insist on the strict performance of any of the agreements herein or
to exercise any rights or remedies accruing thereunder upon default or failure of performance
shall not be considered a waiver of the right to insist on and to enforce,by an appropriate remedy,
strict compliance with any other obligation hereunder or to exercise any right or remedy
occurring as a result of any future default or failure of performance.
21. This Agreement contains all the agreements of the parties relating to the subject matter hereof and
is the full and final expression of the agreement between the parties. This Agreement shall not be
amended or modified without the express written consent of both parties hereto.
22. The officers executing this Agreement on behalf of the parties hereby represent that such officers
have full authority to execute this Agreement and to bind the party he/she represents.
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first set forth
above in multiple copies,each of which shall be deemed to be an original,but all of which shall constitute
but one and the same Agreement.
CHAMBERS COUNTY
RVIPROVEMENT DISTRICT NO.2
By: a4 --5 14 cFit-t�
Signature
PpAfs4 1. I�A 1 d Ru ,
Print ame
-„Q S1 �O�It� 0
Title
7
STATE OF TEXAS §
COUNTY OF I RRA%' S §
his instrument was acknowledged before me on this 3 �� day of 'y-ju 0 ti., 2014,
by p s�. T, W 4 Ids.., President of Chambers County Improvement District No.2, on
behalf of sa>d District.
OR a�
tffitary Pi is in and for
t�Q1(H.GALLAWAY a State of T E X A S
(DMEJY
Allis
Pubk State of To ma COMIR ion Expkes 01.28.2017
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A' Windrose Land'Sdrlrlces,me
, a r Exhibit
A 3200 W7/crest,Suite325
Houston, Texas 77042
K� E ..._..a(713)458-2281 Fax(713)461-1151
Professional Development Consultants
�. Land Surveying, Platting,Project Management and GIS Services
CHAMBERS COUNTY IMPROVEMENT`DISTRICT NO.2 G.L.SHORT SURVEY
723.06 ACRES ABSTRACT NO.228
R.A.PORTER SURVEY
ABSTRACT NO.205
A METES&BOUNDS DESCRIPTION OF CERTAIN 723.06 ACRE TRACT,SITUATED IN THE G.L.SHORT
SURVEY, ABSTRACT NO. 228, THE R. A. PORTER SURVEY, ABSTRACT M. 205 IN CHAMBERS
COUNTY TEXAS; BEING ALL OF A CALLED 1.9725 ACRE TRACT (TRACT 1), ALL OF A CALLED
17.5649 ACRE TRACT(TRACT 2),ALL OF A CALLED 665.8778 ACRE TRACT(TRACT 3),AND ALL OF A
CALLED 37.6437 ACRE TRACT(TRACT 4)DESCRIBED IN DEED OF TRUST RECORDED IN VOLUME
(08) 1053, PAGE 719 OF THE CHAMBERS COUNTY OFFICIAL PUBLIC RECORDS; SUBJECT 723.06
ACRES BEING A COMPILATION OF EXISTING DOCUMENTS AND RIGHT-OF-WAY MAPS, PREPARED
UNDER 22 TAC 663.21 FOR A POLITICAL SUBDIVISION, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS. WITH ALL BEARINGS BEING BASED ON THE
TEXAS COORDINATE SYSTEM,SOUTH CENTRAL ZONE,NAD83;
TRACT 1-1.97 ACRES
BEGINNING AT THE NORTHEAST CORNER OF SAID CALLED 1.9725 ACRE TRACT, BEING IN THE
NORTH RIGHT-OF-WAY LINE OF FARM TO MARKET ROAD NO. 565 (OLD ALIGNMENT), AS
RECORDED IN VOLUME 120,PAGE 475 OF THE CHAMBERS COUNTY DEED RECORDS;
THENCE, ALONG THE SOUTHEAST LINE OF THE SAID 1.9725 ACRE TRACT, COMMON WITH THE
NORTHWEST RIGHT-OF-WAY LINE OF SAID FARM TO MARKET ROAD NO. 565(OLD ALIGNMENT),
ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 612.96 FEET,A CENTRAL ANGLE
OF 80-0610011, AN ARC LENGTH OF 856.92 FEET, AND A LONG CHORD BEARING SOUTH 38°32-49"
WEST,788.83 FEET,TO A POINT FOR CORNER.
THENCE,SOUTH 01"30'10"EAST,CONTINUING ALONG SAID COMMON LINE,51.93 FEET TO A POINT
FOR CORNER MARKING THE SOUTHERN CORNER OF THE SAID 1.9725 ACRE TRACT,BEING IN THE
EAST LINE OF A CALLED 63.623 ACRE TRACT AS RECORDED IN VOLUME(07)995,PAGE 26 OF THE
CHAMBERS COUNTY OFFICIAL PUBLIC RECORDS;
THENCE, NORTH 13°22145-' WEST, ALONG THE WEST LINE OF THE SAID 1.9725 ACRE TRACT,
COMMON WITH THE EAST LINE OF THE SAID 63.623 ACRE TRACT,559.38 FEET TO THE NORTHWEST
CORNER OF THE SAID 1.9725 ACRE TRACT,COMMON WITH A SOUTHWEST CORNER OF A CALLED
92.8172 ACRE TRACT AS RECORDED IN VOLUME(07)943, PAGE 142 OF THE CHAMBERS COUNTY
OFFICIAL PUBLIC RECORDS;
THENCE,NORTH 78°37-32"EAST,ALONG THE NORTH LINE OF SAID 1.9725 ACRE TRACT,COMMON
WITH A SOUTH LINE OF SAID 92.9172 ACRE TRACT, 632.05 FEET TO THE POINT OF BEGINNING,
CONTAINING 1.97 ACRES OF LAND IN CHAMBERS COUNTY,TEXAS.
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y Windrose Land Services, Inc
3200 Wl/crest Suite 325
'ram �J Houston,Texas 77042
!4% Phone(713)458-2281 Fax(713)461.1151
Professional Development Consultants
�- Land Surveying,Platting,Project Management and GIS Services
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 G.L.SHORT SURVEY
723.06 ACRES ABSTRACT NO.228
R.A.PORTER SURVEY
ABSTRACT NO.205
TRACT H-17.56 ACRES
BEGINNING AT THE NORTHEAST CORNER OF THE AFOREMENTIONED 17.5648 ACRE TRACT,
BEING IN THE SOUTH RIGHT-OF-WAY LINE OF THE AFOREMENTIONED FARM TO MARKET ROAD
No.565(OLD ALIGNMENT);
THENCE, SOUTH 17°51'17"EAST, 48.43 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO
THE LEFT IN THE NORTH RIGHT-OF-WAY LINE TO FARM TO MARKET ROAD NO 565 (NEW RIGHT-
OF-WAY LOCATION)AS DESCRIBED IN VOLUME(90) 104,PAGE 441 OF THE CHAMBERS COUNTY
OFFICIAL PUBLIC RECORDS;
THENCE, ALONG THE SOUTH LINE OF THE AFOREMENTIONED 17.5648 ACRE TRACT, COMMON
WITH THE NORTH RIGHT-OF-WAY LINE OF SAID FARM TO MARKET ROAD NO.565 (NEW RIGHT-
OF-WAY LOCATION)THE FOLLOWING THREE(3)COURSES AND DISTANCES:
1. ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,969.86
FEET,A CENTRAL ANGLE OF 14°10139",AN ARC TO LENGTH OF 487.43 FEET,AND A LONG CHORD
BEARING SOUTH 5004122"WEST,486.19 FEET TO A POINT FOR CORNER;
2. SOUT1143036103"WEST,894.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
3. ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,949.86 FEET,A
CENTRAL ANGLE OF 15038115",AN ARC LENGTH OF 504.88 FEET,AND CHORD BEARING
SOUTH 51025110"WEST,503.31 FEET TO A POINT FOR CORNER;
THENCE,NORTH 13°25'03"WEST, 198.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO
THE LEFT;
THENCE, ALONG T1-M ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 612.96 FEET, A
CENTRAL ANGLE OF 10010'16", AN ARC LENGTH OF 108.81 FEET, AND A LONG CHORD BEARING
NORTH 03034157"EAST,108.67 FEET TO A POINT FOR CORNER;
THENCE,NORTH 01-30'11"WEST,278.30 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
TI ENCE, ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 532.96 FEET,A
CENTRAL ANGLE OF 80006'00", AN ARC LENGTH OF 745.08 FEET, AND A LONG CHORD BEARING
NORTH 3803249"EAST,685.87 FEET TO A POINT FOR CORNER;
THENCE, NORTH 7803732"EAST, 1,010.63 FEET TO THE POINT OF BEGINNING, CONTAINING 17.56
ACRES OF LAND IN CHAMBERS COUNTY,TEXAS.
-2-
AV Windrose Land Services,Inc
3200 WIIcres4 Sulfa 325
~� Houston,Texas 77042
Lf� E Phone(713)458-2281 Fax(713)461-1151
Professional Development Consultants
f- Land Surveying,Platting,Project Management and GIS Services
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 G.L.SHORT SURVEY
723.06 ACRES ABSTRACT NO.228
R.A.PORTER SURVEY
ABSTRACT NO.205
TRACT 111-665.89 ACRES
BEGINNING AT THE NORTHEAST CORNER OF THE SAID 665.8778 ACRE TRACT, BEING IN THE
SOUTH-RIGHT-OF-WAY LINE OF THE AFOREMENTIONED FARM TO MARKET ROAD NO. 565 (NEW
RIGHT-OF-WAY LOCATION);
THENCE,SOUTH 02031-31"EAST,2,829.73 FEET TO A POINT FOR CORNER;
THENCE,NORTH 87-11-151-EAST,2,511.97 FEET TO A POINT FOR CORNER;
THENCE,SOUTH 02-4821"EAST, 1,273.32 FEET TO A POINT FOR CORNER;
THENCE,SOUTH 32°411031-WEST,1,392.41 FEET TO A POINT FOR CORNER;
THENCE,SOUTH 31-38'03"WEST,3,151.63 FEET TO THE BEGINNING OF A CURVE TO THE LEFT;
THENCE, ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 580.00 FEET, A
CENTRAL ANGLE OF 2890-37", AN ARC LENGTH OF 288.61 FEET, AND A LONG CHORD BEARING
SOUTH 17-122-44"WEST,285.64 FEET TO A POINT FOR CORNER;
THENCE,SOUTH 77°21-47"WEST,641.07 FEET TO A POINT FOR CORNER;
THENCE,NORTH 12-49'13-'WEST,3,758.41 FEET TO A POINT FOR CORNER;
THENCE,SOUTH 77-18-04"WEST,2,710.16 FEET TO A POINT FOR CORNER;
THENCE,NORTH 12"19'24"WEST,3,101.79 FEET TO A POINT FOR CORNER,
THENCE,NORTH 77-09-131'EAST,554.10 FEET TO THE BEGINNING OF A CURVE TO THE LEFT;
THENCE, ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1,969.86 FEET, A
CENTRAL ANGLE OF 08025'45", AN ARC LENGTH OF 289.80 FEET, AND A LONG CHORD BEARING
NORTH 72056120"EAST,289.54 FEET TO A POINT FOR CORNER;
THENCE,NORTH 76055'2111 EAST,282.15 FEET TO A POINT FOR CORNER;
THENCE NORTH 13°25-02" WEST, 61.94 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO
THE LEFT;
THENCE,ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1,969.86 FEET,A
CENTRAL ANGLE OF 16°43-27",AN ARC LENGTH OF 574.99 FEET,AND A LONG CHORD BEARING
NORTH 51°57'46--EAST,572.95 FEET TO A POINT FOR CORNER;
THENCE,NORTH 43°36'03"EAST,894.38 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
-3-
'., Windrose Land Services,Inc
f744P� 3200 WHcrest,Suite 325
Houston,Texas 77042
E Phone(713)458-2281 Fax(713)461-1151
Professional Development Consultants
s Land Surveying, Platting, Project Management and GIS Services
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 G.L.SHORT SURVEY
723.06 ACRES ABSTRACT NO.229
R.A.PORTER SURVEY
ABSTRACT NO.205
THENCE,ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,949.86 FEET,A
CENTRAL ANGLE OF 3405915611,AN ARC LENGTH OF 1,129.98 FEET,AND A LONG CHORD BEARING
NORTH 61°06'01"EAST,1,112.49 FEET TO A POINT FOR CORNER;
THENCE,NORTH 78°37'16"EAST,52222 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT;
THENCE,ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5,669.58 FEET,A
CENTRAL ANGLE OF 0100211011, AN ARC LENGTH OF 102.52 FEET, AND A LONG CHORD BEARING
NORTH 7900709''EAST, 102.52 FEET TO A POINT FOR CORNER;
THENCE,NORTH 79°38113" EAST, 84020 FEET TO THE POINT OF BEGINNING, CONTAINING 665.89
ACRES OF LAND IN CHAMBERS COUNTY,TEXAS.
TRACT IV-37.64 ACRES
BEGINNING AT THE NORTH CORNER OF THE AFOREMENTIONED CALLED 37.6437 ACRE TRACT,
BEING IN THE SOUTHEAST LINE OF THE COASTAL INDUSTRIAL WATER AUTHORITY CANAL
(CALLED 180-FEET WIDE)AS RECORDED IN VOLUME 308, PAGE 281 OF THE CHAMBERS COUNTY
DEED RECORDS;
THENCE, SOUTH 02°4821" EAST, ALONG THE EAST LINE OF THE SAID 37.6437 ACRE TRACT,
COMMON WITH THE EAST LINE OF THE REMAINDER OF A CALLED 21029 ACRE TRACT AS
RECORDED IN VOLUME 172,PAGE 166 OF THE CHAMBERS COUNTY DEED RECORDS,2,158.70 FEET
TO A POINT FOR CORNER MARKING THE SOUTIEAST CORNER OF THE SAID 37.6437 ACRE TRACT,
COMMON WITH THE NORTHEAST CORNER OF A CALLED 59.974 ACRE TRACT RECORDED IN
VOLUME 165,PAGE 456,OF THE CHAMBERS COUNTY DEED RECORDS;
THENCE,SOUTH 87-14'23"WEST,ALONG THE SOUTH LINE OF SAID 37.6437 ACRE TRACT,COMMON
WITH THE NORTH LINE OF SAID 59.974 ACRE TRACT, 1,504.78 FEET TO A POINT FOR CORNER
MARKING THE SOUTHWEST CORNER OF THE SAID 37.6437 ACRE TRACT BEING IN THE SOUTHEAST
LINE OF THE AFOREMENTIONED COASTAL INDUSTRIAL WATER AUTHORITY CANAL;
THENCE,NORTH 31-38'03"EAST,ALONG THE NORTHWEST LINE OF THE SAID 37.6437 ACRE TRACT,
COMMON WITH THE SOUTHEAST LINE OF AFOREMENTIONED COASTAL INDUSTRIAL WATER
AUTHORITY CANAL, 149223 FEET TO AN ANGLE POINT;
THENCE,NORTH 32°41103" EAST,CONTINUING ALONG SAID COMMON LINE, 1,138.31 FEET TO THE
POINT OF BEGINNING,CONTAINING 37.64 ACRES OF LAND IN CHAMBERS COUNTY,TEXAS ALONG
WITH THE HEREINDESCR]BED 1.97 ACRE TRACT (TRACT 1), AND THE HEREIN DESCRIBED 17.56
ACRE TRACT (TRACT In, AND THE HEREIN DESCRIBED 665.88 ACRES (TRACT III) FOR A TOTAL
ACREAGE OF 723.06 ACRES.
-A -
H Windrose Land Services,Inc
3200 WIlcre$4 Suite 325
=r Houston,Texas 77042
!y E Phone(713)458-2281 Fax(713)461-1151
Professional Development Consultants
f. Land Surveying,Platting, Project Management and GIS Services
CHAMBERS COUNTY IMPROVEMENT DISTRICT NO.2 G.L.SHORT SURVEY
723.06 ACRES ABSTRACT NO.229
R.A.PORTER SURVEY
ABSTRACT NO.205
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21,AND DOES REFLECT THE RESULTS OF AN
ON THE GROUND SURVEY,AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN
REAL PROPERTY EXCEPT THOSE RIGHTS AND INTEREST IMPLMD OR ESTABLISHED BY THE
CREATION OR CONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
MIKE K_URKOWSKI
•o-�5101
SUwvyo�
MIICE K OVJSKI DATE.
R.P.L.S.NO. 5101
STATE OF TEXAS
Y.\Projects\46137-Delta Companies Group\91 5-Ward,Getz and Associates,L.P\14411\14411-SURVEYING\14411-Metes&
Bounds\CCID No 2-Legal-111611.doc
-5-
Exhibit "B"
Fire Station One
4723 Garth Rd.
281420-5331
Personnel:
➢ 1 Battalion Chief 1993 Smeal Quint
➢ 1 Lieutenant 1500 GPM pump,75' ladder
➢ 1 Equipment Operator ➢ 500 Gallons Water
➢ 3 Firefighters ➢ 1000' 5"Hose
➢ 200' 2 ''/z"Hose
Engine 1 -2013 Pierce ➢ 450' 1 '/"Hose
2,000 GPM ➢ Ladders
➢ 750 Gallons Water ➢ 75'Aerial Ladder
➢ 1200' 5"Hose ➢ (1)35' Extension ladder
➢ 600' 2 %"Hose ➢ (1)24' Extension ladder
➢ 550' 1 %"Hose ➢ (1)Multi-Extension ladder
➢ 100' 1 %"Hose ➢ (3) 16' Roof ladders
➢ PPV Fan ➢ (1) 10' Roof ladder
➢ AED ➢ (1) 10'Attic ladder
➢ Gas Detector
➢ (5)airpacs Radios:
➢ (1)800's
Ladders: ➢ (1) 154
➢ 24'Extension ladder ➢ (1)CIMA
➢ 12'Roof ladders
➢ 10' A-Frame ladder Battalion 1
2014 Chevrolet Tahoe
Radios:
➢ (5) 800's
➢ 154
➢ CIMA
Exhibit'B,"Page t
Fire Station Two
2320 Market St.
281-420-5332
Personnel:
➢ I Lieutenant
➢ 1 Equipment Operator
➢ 3 Firefighters
E-2 2007 Pierce Pumper R-2 -1993 E-One
2,000 GPM 1,500 GPM
➢ 750 Gallons Water ➢ 500 Gallons Water
➢ 1000' 5"Hose ➢ 1000' 5"Hose
➢ 1000' 2 '/2"Hose ➢ 1000' 2 %s"Hose
➢ 900' 1 %"Hose ➢ 900' 1 %"Hose
➢ PPV Fan ➢ PPV Fan
➢ AED ➢ AED
➢ Gas Detector ➢ Gas Detector
Ladders: Ladders:
➢ (1)24'Extension ladder ➢ 24'Extension ladder
➢ (1) 14'Extension ladder ➢ 14'Extension ladder
➢ (3) 10'Attic ladders ➢ 10'Attic ladders
➢ (1) 10' A-Frame ladder ➢ 10' A-Frame ladder
➢ (4)airpacs ➢ airpacs
Radios: Radios:
➢ (5)800's ➢ (5) 800's
➢ (1) 154 ➢ 154
➢ (1)CIMA ➢ CIlVIA
Rescue Boat with tow vehicle
Exhibit'S"Page 2
Fire Station Three
3311 Massey Tompkins
281-420-5333
Personnel:
➢ 1 Lieutenant R-3-1998 Pierce
➢ 1 Equipment Operator 1,250 GPM
D 3 Firefighters ➢ 750 Gallons Water
➢ 1200' 5"Hose
E-3-2010 Pierce Pumper ➢ 600' 2 %s"Hose
2,000 GPM ➢ 550' 1 '/"Hose
➢ 750 Gallons Water ➢ 100' 1 '/2"Hose
➢ 1200' 5"Hose ➢ PPV Fan
➢ 600' 2 '/2"Hose ➢ AED
➢ 550' 1 3/4"Hose ➢ Gas Detector
➢ 100' 1 ''/s"Hose ➢ (5)airpacs
➢ PPV Fan
➢ AED Ladders:
➢ Gas Detector ➢ 24'Extension ladder
➢ (5)airpacs ➢ 12'Roof ladders
➢ 10' A-Frame ladder
Ladders:
➢ 24'Extension ladder Radios:
➢ 12'Roof ladders ➢ (5) 800's
➢ 10' A-Frame ladder ➢ 154
➢ CIMA
Radios:
➢ (5)800's Brush 3-2010 Chevy 3500
➢ 154 ➢ 200 Gallons Water
➢ CIMA ➢ 300'Forrestry Hose
➢ 150' 3"Hose
➢ 100' 13/4 Hose
➢ 65 GPM Pump
➢ Booster Reel with 150'3/4"Hose
D 100' 1"Hose
Exhibit`B,"Page 3
Fire Station Four
910 E.Fayle
281-420-5334
Personnel:
1 Lieutenant
1 Equipment Operator
3 Firefighters
E-4-2002 Pierce 1993 Smeal Quint
1,500 GPM 1500 GPM pump,75' ladder
➢ 750 Gallons Water ➢ 500 Gallons Water
➢ 1000' 5"Hose ➢ 1000' 5"Hose
➢ 1000'3" hose ➢ 200'2 ''/z"Hose
➢ 200' 2 %"Hose ➢ 450' 1 %"Hose
➢ 450' 1 %"Hose ➢ Ladders
➢ PPV Fan ➢ 75'Aerial Ladder
➢ AED ➢ (1)35' Extension ladder
➢ Gas Detector ➢ (1)24' Extension ladder
➢ (5)airpacs ➢ (1)Multi-Extension ladder
➢ Air Rescue bags ➢ (3) 16'Roof ladders
➢ Jaws w/Rams for Rescue ➢ (1) 10' Roof ladder
➢ Thermal Imaging Camera ➢ (1) 10'Attic ladder
Ladders: Radios:
➢ 24'Extension ladder ➢ (1)800's
➢ 14'Roof ladder ➢ (1) 154
➢ 12'Roof ladder ➢ (1)C1MA
➢ 10' Attic ladder
Radios:
➢ (5) 800's
➢ 154
➢ CIMA
Exhibit"B,"Page 4
Fire Station Five
7210 Bayway Dr.
281-420-5335
Personnel:
➢ 1 Lieutenant
➢ I Equipment Operator
➢ 3 Firefighters
E-5-2003 Pierce
1,500 GPM
➢ 750 Gallons Water and 25 Gallon Foam Tank
➢ l 000' 5"Hose
➢ 900' 2 '/2"Hose
➢ 850' l %"Hose
➢ 100' 1 %Z"Hose
➢ PPV Fan
➢ AED
➢ (4)Portable Hand Held Radios
➢ Gas Detector
➢ (5)airpacs
Ladders:
➢ 24'Extension ladder
➢ 12'Roof ladder
➢ 10' Attic ladder
➢ A-frame ladder
Radios:
➢ (5) 800's
➢ 154
➢ CIMA
Rescue 512009 Ford F450
➢ Heavy Structure Collapse Equipment
Rescue 52 2009 Ford F450
➢ Heavy Structure Collapse Equipment
Rescue 53 2009 Ford F450
➢ Heavy Structure Collapse Equipment
Exl i it"B"Page 5
Fire Station Six
10116 Pinehurst Dr.
281-420-5336
Personnel:
➢ 1 Lieutenant
➢ 1 Equipment Operator
➢ 3 Firefighters
Reserve 6-1993 E-One
E-6-2010 Pierce 1,500 GPM
2,000 GPM ➢ 500 Gallons Water
➢ 750 Gallons Water and 25 Gallon ➢ 900' 5"Hose
Foam Tank ➢ 900' 2 %"Hose
➢ 1000' 5"Hose ➢ 850' 1 %"Hose
➢ 900' 2 %"Hose ➢ 100' 1 '/z"Hose
➢ 850' 1 %"Hose ➢ PPV Fan
➢ 100' 1 %"Hose
➢ PPV Fan Ladders
➢ AED ➢ 24'Extension ladder
➢ (4)Portable Hand Held Radios ➢ 14'Roof ladder
➢ Gas Detector ➢ 12'Attic ladder
➢ (5)airpacs ➢ 10' A-Frame ladder
➢ (4)airpacs
Ladders:
➢ 24'Extension ladder
➢ 12'Roof ladder
➢ 10' Attic ladder
➢ A-frame ladder
Radios:
➢ (5)800's
➢ 154
➢ CIMA
Exhibit"B,"Page 6
Fire Station Seven
7215 Eastpoint Blvd.
281420-5337
Personnel:
1 Lieutenant
1 Equipment Operator
3 Firefighters
E-7-2013 Pierce Pumper
2,000 GPM
➢ 750 Gallons Water HM 71
➢ 1200' 5"Hose 2012 Chevy 2500
➢ 600' 2 ''/s"Hose ➢ Generator
➢ 550' 1 %"Hose ➢ Light Tower
➢ 100' 1 %Z"Hose
➢ PPV Fan Ladder 7-2003 Pierce
➢ AED 1500 GPM pump,75' ladder
➢ Gas Detector ➢ 475 Gallons Water and 25 gallon
➢ (5)airpacs Foam Tank
➢ 1000' 5"Hose
Ladders: ➢ 300' 3"Hose
➢ 24'Extension ladder ➢ 150' 2 ''/s"Hose
➢ 12'Roof ladders ➢ 350' 1 %"Hose
➢ 10' A-Frame ladder ➢ Jaws Life
➢ Airbags
Radios: ➢ Chainsaw
➢ 154 ➢ PPV Fan
➢ C1MA ➢ AED
➢ Gas Detector
HM-7-2004 Pierce ➢ (5)airpacs
➢ (5)airpacs D Thermal Imaging Camera
➢ Thermal Imaging Camera
Ladders:
Radios 15 ➢ 75'Aerial Ladder
➢ 800's ➢ (1)35' Extension ladder
➢ 4 ➢ (1)24' Extension ladder
➢ CIMA ➢ (1)Multi-Extension ladder
➢ I-IAZMAT 1D Detector ➢ (3) 16' Roof ladders
➢ Gas Detector ➢ (1) 10' Roof ladder
➢ HAZMAT Emergency Response ➢ (1) 10'Attic ladder
Equipment
Exhibit"B,"Page 7