Ordinance No. 15,597 ORDINANCE NO. 15,597
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 14, LLC; 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 14, LLC. 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, ayor Pro em
TEST: �WT0liv,y fit.
1 4
n
ANGELA 4ACKSON, City Clerk.
APPROVED O FORM:' z '
SC ND, City Attorney
RAKaren Anderson\ORDINANCES\2023\2023.10.26\IDAwithAmeriportBuildingl4.doex
EXHIBIT "A"
Industrial Distri'd Agreement
This Industrial District Agreement ("Agreement's) 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 14, LLC, a Delaware
limited liability company 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:
1.
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 11Clty`l
City of Baytown
Attn: City Manager
P.C. Box 424
Baytown,TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.O. Box.424
Baytown, TX 77522
2. The "Property Owner" Tax Statement Address:
Ameriport Building 14, LLC Ameriport Building 14, LLC
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 Prop 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 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 315`of each year during the term hereof a
sum of money equal to:the Base Value Industrial District Payment plus the Added Value Industrial
District Payment. The sum of the Base Value Industrial District Payment plus the Added Value
Industrial District Payment shall be referred to as the Industrial District Payment.
A.
Base Value Industrial District Payment
The Base Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
i
2023 $7,302,250.00
2024 $7,302,250.00
2Q25 $7,302,250.00
2026 $7,302,250.00
2
®�
2027 $7,302,250.00
2028 $7,302,250.00
2029 $7,302,250.00
hereinafter referred to as the 'Base Value," multiplied by
(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
3
On or before February 1" of each contract year during the term of this Agreement, the
Property Owner shall file separate written information reports 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
(1) January 15t of the current contract year and
(2) September 1'of the preceding year.
Additionally, if the Property Owner on or before July 1"of each year certifies under oath that the
Property Owner has required the owner of the situs property to make the payment to the City for
that portion of the Base Value Industrial District Payment calculated pursuant to subsections (3)
and (4) this Subsection A, the City shall invoice such owner for that amount. However, nothing
herein shall be construed so as to relieve the Property Owner from making the full Industrial District
Payment on or before December 31st of each year should the owner of the situs property fail to
timely pay that portion of the Base Value Industrial District Payment calculated pursuant to
subsections (3) and(4)of this Subsection A.
B.
Added Value Industrial District Payment
The Added Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as determined by the City, of all of the Property Owner's land
and all other tangible property, real,personal or mixed, within the affected area on
January 1 of each year in which an Industrial District Payment is due hereunder
minus the Base Year Value,hereinafter referred to as the"Added Value,"multiplied
by
(2) the property tax rate per$100.00 of assessed valuation adopted by the City Council
for the City for each year of the term ofthis Agreement,multiplied by the applicable
added value industrial district payment rate detailed below.
The applicable Added Value Industrial District Payment Rate shall be detelT ineci using
the following chart:
ADDED VALUE
TAX YEAR INDUSTR A.L,
DISTMCT PAYMENT
RATE
2023 -G(Y
2024 .00
2025 .25
4
_ ADDED VALUE .mr
TAX YEAR INDUSTRIAL
DISTRICT PAYMENT
RATE
2026 .35
2027 .45
2028 .55
2029 .66
If the formula used in calculating the Added Value Industrial District Payment produces a
negative number, then the Added Value Industrial District Payment shall be$0.00.
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 mixed, 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
5
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 Harris County, Texas, as provided
for by Section XBI hereof. Nothing contained herein. shall ever be construed as in derogation
of the authority of the Chambers County Appraisal District to establish the appraised value
of land, improvements, and tangible personal property in the annexed portion for ad valorem tax
purposes.
B.
Adjustment of Base Value for Property Inside the Corporate Limits but Subsequently Disannexed
Land, improvements and tangible property, real or mixed, 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 Annexed
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 311 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 3 1"that are not paid when due shall become delinquent on January 1"
of the following year; provided, however, if the tax statement is mailed after December
lVh; the-del nqurmc-y-date~is postponed to-the-first-day--oaf the next-month that--will-provide.4
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
6
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.
B.
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 such determination 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 3 1"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 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 refiind 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.
v1I.
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.
7
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 communicate 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.
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 prenmises
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 anything 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 by City
In the event of default by the City, the Property Owner may, if such default is not fully
corrmcted-with -.60 Aays-from--gW-i write nofce-of-such .default to-the at*y,.terminate-this
Agreement. Upon such termination,both the Property Owner and the City shall be relieved of all
fiirther obligations hereunder,but the Property Owner shall not be relieved of the obligation to pay
8
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.
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.
XI.
No Further.expansion of Taxing Jurisdiction
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 fax
or assessment based upon the value of the Property owners 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 ("CI11I.lA") 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 CIN1A 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 CINIA 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.
9
XIII.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement,it is agreed that either of the said parties may petition any Civil District Cowl of Harris
County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be
tried as other civil causes. If the controversy affects an Industrial District Payment, 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.
Mv.
.A.ssi mnent
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 thirty(30) days
of the conveyance and shall thereafter cease to be obligated with respect to the property so
conveyed, and the Base Year Value plus the Added 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.
Authorit
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 leasehold
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.
XVI.
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--piokup service.
10
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
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 XVII 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.
Comp lete Ag-reernent
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 other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
XX.
AMb; i uities
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 solely for convenience and shall never be considered or given any effect in construing
this Agreement or amy 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.
11
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 ofperformance for all purposes shall be Baytown,
Harris County, Texas.
XXIII.
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 Ag6e,VCD
t is executed in multiple counterparts on behalf
of the Property Owner this day of D , 2423, and on behalf of the City
this day of �D , 2423.
AMERIPOR kG 14, LLC
By:
Printed Name
Title
STATE OF �'j( S §
c
COUNTY OF �LS §
Before me, 1 t , the undersigned notary ub ic,
on this day personally appeared YA f-! J . P I#-,Kk , the i ar P
of Ameriport Building 14, LLC, the owner of the affected property,known to me e person
whose name is subscribed to the foregoing instrument and acknowledged to me that he/she
executed the same for the purposes, in the capacity, and for the consid ration therein.expressed.
SUBSCRIBED AND SWORN before me this of OL
, 2423.
Notary Public in and for the State of J� S
Eallota'ry10#134023117
HAtAICA NIXSON
mmission Expires
tober 18,2026
12 PR
xaopgAuudwoZ)sops!Bo-ImaM tl2utpjtnguodt.jauu-VaA6ZOZ-£ZOZ1SV(I1uos PUV ualu)h.0
r
x3moliy Xw) `CIROWFil ll'ODS
:MO,q O.L SV CIFIAOUdcf V
NJOID AID `NOS-NDVf V IFIJIV
x0,Kt*w`011ilgdyo NOGNV- q
NIMOJLAVU do LIa
T'691L90£Z Z00000'lv09z9
`INIOd 310N V NY dO3 CM10J ASONCINIMF1
O3d�NWS QOM NON HONI 219 C]3ddVO V 01 133 l t'O9 t 3O 90N VISIC) V '1SV3 '03S 60 'NlW 18 -030 ZZ H1n0S
=13WI QJ UlNaS30 Nl3d3H 3H130 d3MOD HINON d ONDINM QNnO3 ASONCINIA,
a3dMIS OOd N08I HONE W9 03adVD V 01 1333 L:-I P[ 30 3ONVIS1CI V '1SY3 '03S VC 'NIW K: 03o 131 111N0r!
flNIOd 31ONV NV NO3 ONnO3 ASONt1NIA,
O3dVIVIS 0Od NONI HON1 $19 Q3ddV3 V Ol 1334 86TO[ 30 30N VISIG V 'lSb3 '033 69 'NlW Z l '030 61 HINON
`3AdnO CANS 30 CN9 3HI NO3 ONn03 ASONGNIft,03dWVIS QON NON) HONI 9/9 G9ddd0 V 01.I333 lV9'96
-1SV3 '03S kS 'N1Y1 LS '090 91 H18ON 30 3:DN VIS10 ONV ONIN V39 QN0H0 V QN V 1333 9L'96 90 HION31 OM V NY
"03S 09 `NIW 6z '03O 60 30 37ONV IVNIN30 V'1333 89'CS9 30 SnIC Yd X 0N)AVH '1331 3H1 Ol 3ANn1 )OIVS ONOW
'1331 3HI 013ASnD IN30NVI-NON V 3O ONINN1030 3H1 ONGS 3WVS"1N10d 310NV NV 803 ONno3 ASONCINIM
Q3dMIS GON N081 H0N1 9/9 03ddVD V O! 1333 90'117Z 30 3ONVISIQ V '1SV3 '03S 69 'NIW Zl '030 Z l HINON
`13M(339160934 N13d3H 3Hl
3O N3NNOD MMHinos 3Hl JNI)1;,gVW'(3Nn0j„3SOMNIMil Q3dWVIS CION NOdI HONI 819(33ddVO V Ol 1333 lr6'9Z
-1S9M '33S 8C'NI1q�I `O34 IL HMOS 30 30NVISIQ 0NV ONINt{39 080HO V ONV 1333 POW[ dO HION31 OSV NV
''03S 9C 'NIV!ZO 03Q 130 30 31ONb IYZIIN30 V 1333 lL'968 3O Snl(]VN V !DNIAVH `1431 3Hi 0131tdno OIVS
0NQlV
�.L-1319H1 Cal 3AZInD IN3ONVI-NON V 30 ONINN1099 3HI dO3(]Nna3 ASONCINIft,
O3dWb1S QOd NOW HONI 9/3 03ddV3 V Ol .1.313 91*96€ 30 30NVISKI V `1S3M '33S in 'NIW Li 'logo U H1f1OS
')0N30NVl 301NIOd V d03 ONMA ASONONIM,.O3dMiS Clod N081 HON1$l9 03ddV0 V 011333 OL'8lir
-1S3M '03S E0'NI 00'03O 99 HIPOS 40 30NViSICI ONV ONIN VAIR O80H0 V ONV 1333 WOW 30 HION31 3dV NV
0'33S ZZ 'NIW VC '03Q Lk 10 310NV WSIN30 V'1333 90*619 30 SnlaVZq V ONIAVH '1HOId 3HI 013AmnO V ONO W
1
=gmvmno 3O 1NIOd V d0A 133 J13SONCINIM„
a3dVgVlS QOd NONI HONI 813 G2ddV0 V 01 1333 06'OPrZ 30 3ONVISIQ V `lS3M '033 96 'NrlW LS '930 fZ I41n0S
310NV NV dO3 13S OOd N081 H0N18/S 03ddV0 011933 OPT:�30 aD N V1slc� Vls3 M 33 s k I NI IN Z I003061 H.�Hi od
n as
`S3ONVISIC]ONV S3san00 (ZO N33INIHI ONIM01103 3HI iDV�ll 380V BLL9-999 OIVS SS08:DV(INV�19AO 3ON3
Ht
r1138314 3Hl 30 ONlhlNfS39 dO 1M1Od ONV 83Nd00 1SV3 =10�d!C]391d0S3�
-1.1.NON 3HI 01\11�1�VW 13S ASONCINIme, C13dWVIS 008
NON]MOM 819 03ddVO V 011919 89'L6-1S3M '09S LP 'N W!N� '030 99 H1nOs 3O 30NVBIO CINV ONINV39 ONOHO
Y ONV 1333 L6'L6 40 HION91 09V NV ''O3S 6Z MW EC 'O3O 9[ 30 33ONV 1Vd1N90 b '1333 00'68S 40 Sniava v
ONIAVH '1HOIN 3HI 01]A ino OIVS ONOW ONV AYMN W V1130 ❑IT'S 30 3N1l 'M'0'8 HinOS 3Hl ON0lV `30N3141
1HEA
3HI 0131�d11O 1N13EMVI-NON V 30 JNINN1039 3HI QNV 86L99 '
CAN 300O NI O3CJ�I003� l fd0I103S 1?lOdId31�Y, idgw 1
�d
''P)0019 ',,Q,t 3A83S38 C131018IS38 3O 83NNo01S3MH1dON AId3HINON ZSOW 9Hf ONINN VW'TWO'N 40g) Avm dbd
f
V1130 30 3N11 ('J�'C�A kVMr O-IHEAS h11nos 3H1 NO (JNnO3 Clod NOSI H)�lI 81'S 03ddV0 V 1V V�Il�N3Vtit�W03
=(SS C YN)3NOZ-1VN1N30 H1nOs`W91SAS 31VNIONOOZ)3NV3d 91VIS SW913H1 NO 03SV9 SONINY30 11V 14 11M
'SM01103 SV SONno9 QNV S313VV A8 0391ZIOSao Aiziv1n:Djia{d 9NOW ON139 10V41.3d0V 3179T(IM H.UM 'Z9PPt[
-6l OZ ('ON) �ovwm 31H ss)18310 )UNnOo S839WVH0 NI 0908003N '011 'k[ ONIO7 9
Ol O3h3ANO0 `1.0b�M13dO�d Zb�'S Q311�'0 v3C�!n0 ON139 'SV fn 1�OdI�l31�
i31 AiNnOD S839 VH0 S06'ON MV8lS9V`A3A8nS
C191NOd "V'N 3HI NI cowmis ONV1 10 1333 3?JVJIOS 96:�'S8E dO SM3V 9178'8 ONINIVIN03 13DNVd So 10VN1 b
u0jjdljosa(] joBal
v 1191HX3
NORTH 69 DEG. 53 MIN. 52 SEC. EAST, A DISTANCE OF 71.49 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"FOUND FOR AN ANGLE POINT;
SOUTH 77 DEG. 31 1'+ItiIN. 09 SEC. EAST, A DISTANCE OF 104.93 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"FOUND FOR AN ANGLE POINT;
NORTH 69 DEG. 53 MIN. 52 SEC. EAST, A DISTANCE OF 40.85 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"FOUND FOR AN ANGLE POINT;
THENCE,SOUTH 77 DEG.31 MIN,09 SEC. EAST,A DISTANCE OF 27.34 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED
"WINDROSE"FOUND FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
YHENCE, NORTH 12 DEG. 28 MIN. 54 SEC. EAST, ALONG THE EAST LINE OF SAID RESTRICTED RESERVE "B, A DISTANCE
OF 153.71 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" FOUND, MARKING THE INTERSECTION OOF
THE SOUTH R.O.W. LINE OF SAID DELTA PARKWAY AND THE WEST"R.O.W. LIFE OF LOGISTICS DRIVE SOUTH (75 R.O.W_)
RECORDED UNDER C.C.C.F.NO. 122999,AND THE MOST NORTHERLY CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE,SOUTH 77 DEG.31 M1N.06 SEC. EAST,ALONG THE SOUTH R.O.W. LINE OF SAID DELTA PARKWAY, A DISTANCE
OF 369.50 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED"WINDROSE" FOUND FOR A POINT OF CURVATURE;
THENCE, CONTINUING ALONG THE SOUTH R.O.W. LINE OF SAID DELTA PARKWAY AND ALONG A CARVE TO THE LEFT,
HAVING A RADIUS OF 339.00 FEET, A CENTRAL ANGLE OF 08 DEG. 36 MIN. 00 SEC., AN ARC LENGTH OF 50.88 FEET,
AND A CHORD BEARING AND DISTANCE OF SOUTH 81 DEG. 49 MIN. 06 SEC. EAST-- 50.84 FELT TO THE POINT OF
BEGINNING AND CONTAINING 8.845 ACRES OR 385,295 SQUARE FEET OF LAND.
526041.000002 23057169.1