Ordinance No. 15,596 ORDINANCE NO. 15,596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH AMERIPORT BUILDING 4,LP;AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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 Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial
District Agreement with Ameriport Building 4, LP. A copy of said Industrial District Agreement
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 26th day of October, 2023.
MIKE LESTER, Mayor Pro Tem
ATTEST:
ANGELA ACKS X'ity Clerl-� a C,j
APPROVED A T FO
SCOTY11M ND, City Attorney
RAKaren Anderson\ORDINANCES\2023\2023.10.26\IDAwithAmeriportBuilding4.docx
EXHIBIT "A"
Industrial District Agreement
This Industrial District Agreement ("Agreement") is made and entered into between the
City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas,
hereinafter also referred to as "Baytown" or "City,' and Ameriport Building 4, LP, a Delaware
limited partnership, hereinafter referred to as "Property Owner." In consideration of the
promises and of the mutual covenants and agreements herein contained, it is agreed by and
between the City and Property owner as follows:
I.
Parties
This Agreement is made under the authority of Texas Local Government Code
Annotated§42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable
law. The parties to the Agreement and their addresses are:
1. The "City"
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.Q. Box 424
Baytown, TX 77522
2. The "Property Owner" Tax Statement Address:
Ameriport Building 4, LP Ameriport Building 4, LP
Attn: Ms. Tobi Evans Attn- Ms. Tobi Evans
3330 S. Sam Houston Parkway East 3330 S. Sam Houston Parkway East
Houston, TX 77047 Houston, TX 77047
II.
Identification of Property and Industrial District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate limits
of the City is sometimes referred to herein as the 'affected area," and it is described in Exhibit
A, which is attached to this Agreement and made a part hereof. Acting pursuant to the
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above mentioned authority,the City Council of the City has by ordinance, designated the affected
area as an industrial district, the same to be known as Baytown Industrial District No. 3 (the
"Industrial District").
III.
Term
The term of this Agreement is seven tax years, from 2023 through 2029,unless it is sooner
terminated under the provisions hereof. This Agreement shall be effective and binding on
the parties hereto upon execution hereof on behalf of the parties to this Agreement and shall
remain in effect for seven years. This Agreement supersedes any prior existing agreements
between the Property Owner and the City relating to the subject matter specific to the term hereof.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth,the City hereby
guarantees for the term of this Agreement the immunity of the affected area from annexation of
any type by the City except for such parts of the affected property as may be necessary to
annex property owned by third parties within the Industrial District that the City may decide
to annex. Additionally, this Agreement shall not affect the continuation of any limited purpose
annexation status to which the affected area is now subject.
V.
Industrial District Payment
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 3 1"of each year during the term hereof
a sum of money equal to:
(1) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
� '2023 $16,668,260.00
2024 $16,668,260.00
2025 $16,668,260.00
2026 $16,668,260.00
2027 $16,668,260.00
2028 $16,668,260.00
2029 $16,668,260.00 -__------ -
hereinafter referred to as the 'Base Value," multiplied by
2
(2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by the applicable Yearly Payment Rate as detailed
below:
YEARLY
TAX YEAR PAYMENT
RATE
2023 .66
2024 .66
2025 .66
2026 .66
2027 .66
2028 .66
2029 .66
plus
(3) the value of the situs inventory,which is the personal property and inventory stored
or held on or within the affected property which is not owned by the Property
Owner, as assessed each year by the Chambers County Appraisal District,
multiplied by
(4) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by 0.50, and multiplied by the applicable Yearly
Payment Rate as detailed below:
YEARLY
TAX YEAR PAYMENT
RATE
2023 66
2024 .66
2025 .66
2026 .66
2027 .66
2028 .66
2029 .66
On or before February 1st of each contract year during the term of this Agreement, the
Property Owner shall file a written information report with the City's Director of Finance stating
the name and address of each person to whom the Property Owner leased or otherwise provided
storage space on January 1 of each contract year.
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vI.
Valuations and Collections
A.
Generally
The parties hereto recognize that said Chambers County Appraisal District is not
required to appraise for the City the land, improvements, and tangible property, real or nixed, in
the affected area, which is not within the corporate limits of the City, for the purpose of
computing the payments hereunder. For the purpose of providing a procedure for determining
and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted
and made a part hereof all provisions of the Constitution and statutes of the State of Texas
pertaining to ad valorem taxation as amended throughout the term of this Agreement (including,
in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of
such provisions would require the assessment of the Property Owner's property on an equal and
uniform basis with property in the general corporate limits of the City, the provisions of this
Agreement will control where in conflict with the provisions of such laws and (ii) the income
method of appraisal as described in Section 23.012 of the Texas Property Tax Code shall not be
limited to only properties for which a rental market exists. Specifically, nothing contained herein
shall limit the income method of appraisal specified in Section 23.012 of the Texas Property
Tax Code to only properties for which a rental market exists, instead if such method is used, the
chief appraiser shall:
I. 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.
The parties agree that the fair market value of the Property Owner's land, improvements,
and tangible property subject to Subsections B and C of this section shall be determined in
accordance with the market value computation contemplated in the Texas Property Tax Code
for the purpose of calculating the Property Owner's payment under this Agreement on properties
annexed or disannexed subsequent to the commencement of this Agreement. The City may
choose to use the appraised value as finally determined by the Chambers County Appraisal
District(or through administrative or judicial appeal of the Chambers County Appraisal District's
determination), or by appraisal conducted by an independent appraiser of the City's selection at
the City's expense. The determination of fair market values by the City shall be final and binding
unless the Property Owner within thirty(30)days after receipt of the City's determination petitions
for a Declaratory Judgment to the Civil District Court of H a r r i s County, Texas, as provided
for by Section xIII hereof. Nothing contained herein shall ever be construed as in derogation
a-f-+he-authority af-th hambefs-County :Appraisal ct to--est-abligh -the---appraised -value-
of land, improvements, and tangible personal property in the annexed portion for ad valorem tax
purposes.
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B.
Adjustment of Base Value for Property Inside the Corporate Limits but Subseau_ently Disannexed
Land, improvements and tangible property, real or nixed, of the Property Owner, which
is disannexed from the corporate limits of the City during the term of this Agreement, shall
become part of the affected area immediately upon disannexation. The value for such disannexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the property is disannexed and shall
be added to the Base Value specified in Article V each year after the disannexation for purposes
of payment hereunder.
C.
Adjustment of Base Value for Property Outside the_Corporate Limits but Subsequently Ailnexed
Land, improvements and tangible property, real or mixed, of the Property owner, which
is annexed into the corporate limits of the City during the term of this Agreement, shall be
removed from the affected area the year after the annexation. The value for such annexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the property is annexed and shall be
subtracted from the Base Value specified in Article V each year after the annexation for purposes
of payment hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December 1 of each
year showing the total amount due on December 31 of such year pursuant to this Agreement.
Such statement shall be mailed to the "Tax Statement Address" noted in this Agreement. Any
amounts due on December 31 that are not paid when due shall become delinquent on January 1
of the following year. Provided, however, if the tax statement is trailed after December
10, the delinquency date is postponed to the first day of the next month that will provide a period
of at least 21 days after the date of mailing for payment of the amount due. Delinquent
amounts shall be immediately subject to the same penalties, interest, attorneys' fees and costs of
collection as recoverable by the City in the case of delinquent ad valorem taxes. The City shall
have a lien upon the Property Owner's land within the affected area upon any delinquency in the
Industrial District Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally determined
by the due date of the Property Owner's payment hereunder and the Property Owner is
pursuing through a declaratory judgment action as specified in Subsection A, the Property Owner
shall, without prejudice to such action, pay to the City by December 31 of each year (subject to
the exception in the preceding paragraph for statements mailed after December 10), such amount
as is provided in the Texas Property Tax Code, as amended throughout the term of this
Agreement, for payments made under such conditions by owners of property within the general
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corporate limits of the City subject to ad valorem taxation. Any refund payable by the City
to the Property Owner hereunder shall be paid within 60 days after receipt by the City of both
Chambers County Appraisal District's form notification that the appraised value of the property
has been reduced and a written refund request by the Property Owner; if not paid timely, the
refund amount shall bear interest at the rate specified in Section 2251.025 of the Texas
Government Code beginning 60 days after the City received both the Property Owner's written
refund request and the Chambers County Appraisal District's formal notification that the
appraised value of the property has been reduced.
VII.
Compliance with Law
The City and the Property owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise,vibration and toxic levels of those industries located in the Industrial District,
and that development within the District may have an impact on the drainage of surrounding
areas. To this end, the Property Owner and the City agree that the same standards and criteria
relative to noise, vibration and toxic levels and drainage and flood control which are adopted by
the City and made applicable to portions of the City adjacent to the Industrial.District shall also
be applicable to the affected area. The Property Owner agrees that any industrial or other activity
carried on within the affected area will be constructed in strict compliance with all applicable
valid state and federal air and water pollution control standards. If the Property Owner's property
within the affected area is subject to the occupational Safety and Health Act, 29 U.S.C. 65, et
seq., as amended, then the Property Owner shall undertake to ensure that its facilities and
improvements in the affected area comply with the applicable fire safety standards of such act
and the resolutions from time to time promulgated hereunder (the "OSHA Standards"), but there
shall be no obligation to obtain any permits of any kind from the City in connection with the
construction, operation or maintenance of improvements and facilities in the affected area not
located within the corporate limits of the City. Nonetheless, the Property Owner agrees that any
structure built within the affected area shall be built in accordance with the building code adopted
by the City in effect at the time of construction.
The City and the Property owner recognize that activities in the City's industrial
districts are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner
also recognize that the City may have an interest in activities in the City's industrial districts that
are regulated by other governmental entities. Nothing in this Agreement is intended to limit the
City's right and authority to comm-Lmicate its interest in, or opposition to, those activities to the
applicable regulatory agencies or to participate, to the extent allowed by law, in any related
administrative or judicial proceeding.
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Vill.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's premises
and the same right to examine the Property owner's books and records to determine the value
of the Property Owner's properties as are provided in the Texas Property Tax Code as amended.
Ix.
Default
A.
Default by Property Owner
In the event of default by the Property owner in the performance of any of the terms of
this Agreement,including the obligation to make the payments above provided for,the City shall
have the option, if such default is not fully corrected within sixty (60) days from the giving of
written notice of such default to the Property Owner to either (i) declare this Agreement
terminated or (ii) continue the term of this Agreement and collect the payments required
hereunder. Notwithstanding any to the contrary contained herein, should the City determine
the Property Owner is in default according to the terms and conditions of Section VII hereof,
the City shall notify the Property Owner in writing by U.S. Mail, certified return receipt
requested, at the address stated in this Agreement:, and if such default is not cured within sixty
(60)days from the date of such notice(the "Cure Period")then such failure to cure shall constitute
a material breach of this Agreement;provided that, in the case of a default under Section VII for
causes beyond the Property Owner's control that cannot with due diligence be cured within such
sixty(60)day period or in the event that the failure to cure results from ongoing negotiations with
federal or state officials, administrative proceedings or litigation regarding the necessary cure
steps,then the cure period shall be extended until such negotiations, administrative proceedings
or litigation are concluded.
B.
Default byte
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved of
all further obligations hereunder, but the Property Owner shall not be relieved of the obligation
to pay any amounts that accrued prior to such termination. In the event of termination, the City
shall have the right to repeal the ordinance designating the affected area as an industrial district.
Provided, however, if the termination occurs as a result of the City's exercising its option to
terminate (as provided in the first sentence of this Section IX), the City shall not have the
right to annex the affected area into the general corporate limits of the City so as to subject the
affected area to ad valorem taxes for any part of the period covered by the Property Owner's last
payment hereunder.
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X.
Notice
Any notice to the Property Owner or the City concerning the matters to which the
Agreement relates may be given in writing by registered or certified mail addressed to the
Property Owner or the City at the appropriate respective addresses set forth on the cover page of
this Agreement. Any such notice in writing may be given in any other manner. If given by
registered or certified mail, the notice shall be effective when mailed. with the exception of
annual bills for payments due herein, notice given in any other manner shall be effective when
received by the Property Owner or the City, as the case may be.
X1.
No Further Expansion of Taxing Jurisdiction
v
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power
or authority of the City over or with respect to the affected area as prescribed by applicable law,
except as specifically provided in this Agreement. The Property owner shall not be obligated by
virtue of this Agreement, or the establishment of the industrial district covering the affected area
not within the corporate limits of the City, to make any payments to the City in the nature
of a tax or assessment based upon the value of the Property Owner's property in the affected
area during the term of this Agreement other than the payments specified herein. Specifically,
the Property owner shall not be liable for any City taxes within the affected area, including,
without limitation, City ad valorem taxes on taxable property within the affected area.
Xii.
Reimbursement for Services
If the Property owner requests and receives mutual aid firefighting assistance and
is a member- of Channel Industries Mutual Aid organization ("CIMA") or similar
organization, the Property Owner shall reimburse the City for costs incurred by the City in
providing fire protection services to the Property Owner as shall be provided in the charter,
bylaws and agreements pursuant to which CIMA or such similar organization is organized and
operates. If the Property Owner requests and receives mutual aid firefighting assistance and is
not a member of CLMA or a similar organization, then the Property Owner shall be required to
reimburse the City for costs actually expended by the City in providing any firefighting assistance
to the Property owner, including chemical and personnel costs.
.III.
Declaratory Judgment Action
If any disagrwm.ent 4r4ses--between the par-tie&-concermin&the .interpr-etation..-of this-
Agreement, it is agreed that either of the said parties may petition any Civil District Court of
Harris County, Texas, for a Declaratory Judgment determumm* g said controversy and the cause
shall be tried as other civil causes. If the controversy affects an Industrial District Payment,
8
the Property Owner shall,pending final determination of said controversy, pay to the City on the
due date the same amount which was paid to the City for the last preceding period as to which
there was no controversy concerning the amount owed by the Property Owner to the City. The
Property Owner agrees to tender any additional amount of potential liability to the registry
of the Civil District Court,Harris County,Texas,pending final determination of the controversy
beyond any further appeal.
Xlv.
Assignment
This Agreement shall not bestow any rights upon any third party, but rather, shall bind
and benefit the Property Owner and the City only. If the Property Owner conveys all or any part
of the property then covered hereby, the Property Owner shall notify the City within 30 days of
the conveyance and shall thereafter cease to be obligated with respect to the property so conveyed
and the Base Value shall be apportioned between the Property Owner and the grantee based upon
the property conveyed, only if the grantee thereof enters into an Industrial District Agreement
with the City with respect to such property so conveyed. No right or obligation under this
Agreement may be sold, assigned or transferred.
Xv.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement
by virtue of being either the legal or equitable owner of a possessory estate(including a leaseho ld
estate) in the land comprising the affected area, which will not terminate before the expiration
date of this Agreement. Additionally, 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 represents.
XV1.
No Municipal Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection(4) road or street repairs, and (5)
garbage pickup service.
XVII.
Severability
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
9
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. If it is not possible to so reform such provision, covenant,obligation
or agreement, such determination shall not affect any other provision, covenant, obligation or
agreement, each of which shall be construed and enforced as if the invalid or unenforceable
portion were not contained herein. Provided, further that such invalidity or unenforceability shall
not affect any valid and enforceable provision thereof, and each such provision, covenant,
obligation or agreement shall be deemed to be effective, operative, made, entered into or taken in
the manner and to the full extent permitted by law. Notwithstanding the above, if the
application of this Section XVIT requires reformation or revision of any term that removes or
materially diminishes the obligation of the Property Owner to make the payments to the City
described herein (except in the event of a reformation that shortens the term of this Agreement),
the City shall have the option to declare this Agreement terminated.
.XVIII.
Complete Agreement
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.
XIX.
Non-waiver
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 othex obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance.
XX.
Ambiguities
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.
XXI.
Headings
The headings appearing at the first of each numbered section in this Agreement are inserted
.and included so-lily for convenience-.and--shall never_-be._considered- or given any effect in_
construing this Agreement or any provision hereof, or in connection with the duties, obligations
or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent
should arise.
10
XXII.
Choice of Law,Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, 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.
XXill.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by
the terms and conditions of this Agreement.
IN WITNESS WHEREOF, this A t cuted in multiple counterparts on behalf
of the Property Owner this 61N day of Dbf/f , 2023, and on behalf
of the City this `��tayof {obe,,r , 2023.
AMERIPORT BUILD 4,
By AM PO ING 4 GP LLC
By:
Printed Name
aa r ' ` eA-
'"� "�
STATE OF �� § Title
COUNTY OFA&W'I's § ,
Before me, t l , the undersigned notary u lic, Y' j
on this day personally appeared y'l�Jr,�n e f t P(1i,6t , the artQ 1 r� 1'�S&
of t+( (&W -+rP 1.l,C 4he owner of the affected property,known to e be the
person whose name is s scribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes, in the capacity, and for the consMar-tion therein expressed.
SUBSCRIBED AND SWORN before me this d of VAbu- 52023.
Notary Public in nd for the State of COLS
� v ass SHAMICA NIXSON
Notary ID#134023117
My Commission Expires
''�at October 18,202b
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F.XRMITA
LEGAL DESCRIPTION OF LANID
A TRACT OR PARCEL.CONTAINING 18.4628 ACRES OR 804,421 SQUARE FEET OF LAND SITUAIED IN
THE G. L. SHORT SURVEY, ABSTRACT NO. 228, CHAMBERS COUNITY, TEXAS, BEING OUT OF A
CALLED 665,8778 ACRE TRACT OF LAND CONVEYED TO AMERIPORT,LLC AS RECORDED UNDER
VOLUME (08) 10537 PAGE 709 OF THE CHAMBERS COUNTY DEED RECORDS, WITH SAID 18.4628
ACRE TRACT BETNTG MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
V�rIT H ALL BEARINGS BASED ON TIE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE(INAD 83):
COMMENCIOIC Xf A CAPPED 5/8--INCH IRON ROD STAN4PED"WINDROSE LAND SERVICES„FOUND
MARRING THE SOUTHX�vMST CORNER OF SOM H TRANSPORT DRIVE (80 FEET WIDE)DEDICATED
BY PLAT OF AMERIPORT, SEC 32 AS RECORDED UNDER CHASERS COUNTY CLERKS FILE NO.
93064;
THENCE,SOUTH 31 DEGREES 38 MINUTES 03 SECONDS WEST,A DISTANCE OF 1188.28 FEET TO A
CAPPED 5/8 INC1I IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE PLACE
OF BEGINNLNG OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH 31 DEGREES 38 MENUTES 03 SECONDS WEST, A DISTANCE OF 398.82 FEET TO A
CAPPED 5/8-INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING TIE N40ST
SOUTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE,NORTH 48 DEGREES 52 MINUTES 53 SECONDS NVEST,A DISTANCE OF 1902.65 FEET TO A
CAPPED 5/8--ITCH [RON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE
SOUTBERLY WEST CORNER OF THE HEREIN DESCRIBED'TRACT;
THENCE,NORTH 15 DEGREES 28 MI.NUFFES 33 SECONDS WEST, A DISTANCE OF 14.78 FEET TO A
CAPPED 5/8-INTCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET I G THE
-NORTHERLY NVEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE,NORTH 41 DEGREES 40 MRqVMS 58 SECONDS EAST, A DISTANCE OF 426.59 FEET TO A
CAPPED 518--INiCIi IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKG THE MOST
NORTHERLY CORNER.OF THE MIN DESCRIBED TRACT;
THENCE, SOUTH 48 DEGREES 29 MINUTES 55 SECONDS EAST,A DISTANCE OF 1810.82 FEET TO A
CAPPED 5/8-I14CH IRON ROD STAMPED "WJNDROSE LAND SERVICES" SET MARKING A POINT OF
CURVATURE TO THE RIGHT;
THENCE,SOUTHEASTERLY,A DISTANCE OF 48.95 FEET ALONG TBE ARC OF SAID CURVE TO THE
RIGIT, HAVING A RADIUS OF 35.00 FEET, SUBTENDING A CENTRAL ANCYLE OF 80 DEGREES 07
MINUTES 58 SECONDS, AND HAVING A CHORD WHICH]BEARS SOUTH 08 DEGREES 25 MINUTES 56
SECONDS EAST FOR A DISTANCE OF 45.06 FEET TO THE PLACE OF BEGJNNING AND CONTAINING
18.4628 ACRES OR 804,241 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 46137-AP400 BIND,
PREPARED BY WINDROSE LAND SERVICES INC.
Exhibit A
522045 000004 14627126.6