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Ordinance No. 15,791 ORDINANCE NO. 15,791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE SALE OF THE PROPERTY LOCATED ALONG
THE SOUTHEAST SIDE OF FARM-TO-MARKET ROAD 565 (FM-565) IN
FRONT OF THE AMERIPORT LIFT STATION, CHAMBERS COUNTY,
TEXAS, BEING LEGALLY DESCRIBED AS APPROXIMATELY 0.0472
ACRES OR 2,058 SQUARE FEET OF LAND SITUATED IN THE R.A. PORTER
SURVEY, ABSTRACT NO. 205, IN THE CITY OF BAYTOWN, CHAMBERS
COUNTY, TEXAS, TO THE STATE OF TEXAS, ACTING BY AND
THROUGH THE TEXAS TRANSPORTATION COMMISSION IN THE
AMOUNT OF SIX THOUSAND FOUR HUNDRED EIGHTY-THREE AND
NO/100 DOLLARS ($6,483.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
******************************************************************************
WHEREAS, the City of Baytown desires to sale of approximately 0.0472 acres or 2,058
square feet of land located along the southeast side of FM-565,Baytown, Chambers County,Texas
77523 in front of the Ameriport Lift Station, being legally described by metes and bounds in the
property description attached in the Deed as Exhibit "A" and incorporated herein for all intents
and purposes to the State of Texas, acting by and through the Texas Transportation Commission,
for the improvement and widening of the FM-565 ("Highway Construction Project'); and
WHEREAS,M. Colt Jones of Cultivate Real Estate appraised said property and determined
that the fair market value of the land to be conveyed to the State of Texas is SIX THOUSAND
FOUR HUNDRED EIGHTY-THREE AND NO/100 DOLLARS ($6,483.00), said appraisal is
attached hereto as Exhibit"B" and incorporated herein for all intents and purposes; and
WHEREAS, contingent upon the receipt of SIX THOUSAND FOUR HUNDRED
EIGHTY-THREE AND NO/100 DOLLARS ($6,483.00), the City is willing to sell the Property
to the State of Texas;
WHEREAS, as part of the Highway Construction Project, the City of Baytown, in
exchange for the consideration of THREE THOUSAND AND NO/100 DOLLARS ($3,000.00)
desires to enter into a possession and use agreement with the State of Texas, acting by and through
the Texas Department of Transportation, for said property; and
WHEREAS, contingent upon the receipt of THREE THOUSAND AND NO./100
DOLLARS ($3,000.00), the City is willing to enter into a possession and use agreement with the
State of Texas; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That contingent upon the receipt of SIX THOUSAND FOUR HUNDRED
EIGHTY-THREE AND NO 100 DOLLARS ($6,483.00), the City Council of the City of Baytown,
Texas, hereby authorizes the sale of the property at southeast side of FM-565, Baytown, Chambers
County, Texas 77523 in front of the Ameriport Lift Station, being legally described by metes and bounds
in the property description attached in the Deed as Exhibit"A" and incorporated herein for all intents and
purposes.
Section 2: That upon the satisfaction of the contingencies detailed in Section 1 hereof,
the City Manager is hereby granted the general authority to execute the deed,conveying its interest
in the property to the State of Texas.
Section 3: That contingent upon the receipt of THREE THOUSAND AND NO 100
DOLLARS ($3,000.00),the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute and the City Secretary to attest to the Possession and Use Agreement for
Transportation Purposes with Additional Payment of Independent Consideration("Possession and
Use Agreement") concerning the property located at southeast side of FM-565, Baytown, Chambers
County, Texas 77523 in front of the Ameriport Lift Station, being legally described by metes and bounds
in the property description attached in the Deed as Exhibit"A". The Possession and Use Agreement is
attached as Exhibit "C" and incorporated herein for all intents and purposes.
Section 4: 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 251h day of April, 2024.
BRANDON CA tfILLO.,jMayor
A EST:
�SNY
•Qy••SSpOn
o I :•
ANGELA CKSON,�ity C;Ierk'__
d�.0
APPROVED TO FOIPM:
SCOTT LEM ND, City Attorney
R:%Vance Hinds.Ordinances\2024 2024.04.25.ordinance.sale ofproperty.FM 565.to TX DOT.docx
NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
EXHIBIT "A"
Form ROW-N-14
(Rev.11/20)
Page 1 of 4
Parcel ID:P000076351
DEED
TxDOT ROW CSJ: 1024-01-083
TxDOT Parcel ID: P00076351
Grantor(s),whether one or more:
The City of Baytown, Texas, a home-rule municipality
Grantor's Mailing Address(including county):
2123 Market Street
Baytown, TX 77520-6553
Harris County
Grantee:
The State of Texas, acting by and through the Texas Transportation Commission
Grantee's Authority:
The Texas Transportation Commission is authorized under the Texas Transportation Code to
purchase land and such other property rights (including requesting that counties and municipalities
acquire highway right of way) deemed necessary or convenient to a state highway or turnpike project
to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish
any purpose related to the location, construction, improvement, maintenance, beautification,
preservation,or operation of a state highway or turnpike project.
The Texas Transportation Commission is also authorized under the Texas Transportation Code,
Chapter 203 to acquire or request to be acquired such other property rights deemed necessary or
convenient for the purposes of operating a state highway or turnpike project, with control of access
as necessary to facilitate the flow of traffic and promote the public safety and welfare on both non-
controlled facilities and designated controlled access highways and turnpike projects.
Grantee's Mailing Address(including county):
State of Texas Department of Transportation
125 E. 11 h Street
Austin, Texas 78701
Travis County
Form ROW-N-14
(Rev.11/20)
Page 2 of 4
Parcel ID:P00076351
Consideration:
The sum of SIX THOUSAND FOUR HUNDRED EIGHTY-THREE AND NO/100 DOLLARS
($6,483.00) to Grantor in hand paid by Grantee, receipt of which is hereby acknowledged, and for
which no lien is retained, either expressed or implied.
Property:
All of that certain tract or parcel of land in Chambers County, Texas, being more particularly
described in the attached Exhibit A(the"Property").
Reservations from and Exceptions to Conveyance and Warranty:
This conveyance is made by Grantor and accepted by Grantee subject to the following:
l. Visible and apparent easements not appearing of record.
2. Any discrepancies, conflicts, or shortages in area or boundary lines or any encroachments
or any overlapping of improvements which a current survey would show.
3. Easements, restrictions, reservations, covenants, conditions, oil and gas leases, mineral
severances, and encumbrances for taxes and assessments (other than liens and
conveyances) presently of record in the Official Public Records of Chambers County,
Texas, that affect the property, but only to the extent that said items are still valid and in
force and effect at this time.
Grantor reserves all of the oil, gas, and sulfur in and under the Property but waives all rights of
ingress and egress to the surface thereof for the purpose of exploring, developing, mining or
drilling for same;however,nothing in this reservation shall affect the title and rights of the Grantee,
its successors and assigns, to take and use all other minerals and materials thereon, therein, and
thereunder.
Grantor is retaining title to the following improvements ("Retained Improvements") located on
the Property, to wit: None
Grantor covenants and agrees to remove the Retained Improvements from the Property by 30 days
after the close of escrow,subject to such extensions of time as may be granted by Grantee in writing.
In the event Grantor fails, for any reason, to remove the Retained Improvements within the time
prescribed, then, without further consideration, title to all or part of such Retained Improvements
not so removed shall pass to and vest in Grantee, its successors and assigns, forever.
Access on and off Grantor's remaining property to and from the State highway facility shall be
permitted except to the extent that such access is expressly prohibited by the provisions set out in
Exhibit"A". Grantor acknowledges that such access on and off the State highway facility is subject
to regulation as may be determined by the Texas Department of Transportation to be necessary in the
interest of public safety or by applicable local municipal or county zoning, platting, or permitting
requirements.
Form ROW-N-14
(Rev.11/20)
Page 3 of 4
Parcel ID:P00076351
GRANTOR, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold
it to Grantee and Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's
heirs, successors,and assigns to Warrant and Forever Defend all and singular the Property to Grantee
and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim
the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
When the context requires, singular nouns and pronouns include the plural.
Form ROW-N-14
(Rev.11/20)
Page 4 of 4
Parcel ID:P00076351
EXECUTED on the date(s) of acknowledgment indicated below.
GRANTOR:
BY:
Printed
Name:
Title: _
(if Grantor is an entity other than an individual person)
Date:
Corporate Acknowledgment
State of Texas
County of Harris
This instrument was acknowledged before me on
by ,
of The City of Baytown, Texas, a home-rule municipality, on behalf of said entity. The acknowledging
person personally appeared by:
❑ physically appearing before me.
❑ appearing by an interactive two-way audio and video communication that meets the requirements for
online notarization under Texas Government Code, Chapter 406, Subchapter C.
Notary Public's Signature
AFTER RECORDING, RETURN TO:
Pape-Dawson Engineers, LLC
6105 Tennyson Parkway, Suite 210
Plano, Texas 75024
July 21, 2023
Parcel ID P00076351.001
Page 1 of 6
EXHIBIT"A"
County: Chambers
Highway: FM 565
Project Limits: From SH 99 to SH 146
R.O.W. CSJ: 1024-01-083
Const. CSJ: 1024-01-077
Project No.: A00062496
Property Description for P00076351.001
BEING 0.0472 acres (2,058 square feet) of land situated in the R.A. Porter Survey, Abstract No.
205, in the City of Baytown, Chambers County, Texas, said 0.0472 acres (2,058 square feet) of
land being a portion of a called 0.2582 acre tract of land described in Special Warranty Deed
from Ameriport, LLC to The City of Baytown, Texas, filed July 1, 2015 and recorded in Volume
1580, Page 106 of the Official Public Records of Chambers County, Texas, said 0.0472 acres
(2,058 square feet) of land being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "WINDROSE" found for the south
corner of said called 0.2582 acre tract of land, said 5/8 inch iron rod with cap stamped
"WINDROSE" being an interior ell corner of a called 10.951 acre tract of land described in deed
to the Ameriport Building 13, LLC as recorded in Instrument No. 2021-164096 of said Official
Public Records of Chambers County, Texas, said 5/8 inch iron rod with cap stamped
"WINDROSE" being an interior ell corner of Block 1 Restricted Reserve "C" of Ameriport
Section 9 Minor Plat, an addition to the City of Baytown, Chambers County, Texas as recorded
in Instrument No. 2019-138650 of the Plat Records of Chambers County, Texas, from which a
5/8 iron rod with cap (destroyed) found for the east corner of said called 0.2582 acre tract of land
bears a chord bearing and distance of North 46 degrees 51 minutes 07 seconds East, a distance of
100.30 feet, said 5/8 iron rod with cap (destroyed) being an interior ell corner of said called
10.951 acre tract of land, said 5/8 iron rod with cap (destroyed) also being an interior ell corner
of said Block 1 Restricted Reserve"C";
July 21, 2023
Parcel ID P00076351.001
Page 2 of 6
EXHIBIT "A"
THENCE, North 44 degrees 03 minutes 57 seconds West, with the southwesterly line of said
called 0.2582 acre tract of land, with the most southerly northeasterly line of said called 10.951
acre tract of land and with the most southerly northeasterly line of said Block 1 Restricted
Reserve "C", a distance of 87.69 feet to a 5/8 inch iron rod with 2 inch aluminum disk stamped
"TX DEPT OF TRANSPORTATION PROPERTY CORNER" set for the POINT OF
BEGINNING and having surface coordinates of N=13,855,733.52 and E -3,271,822.73, said 5/8
inch iron rod with 2 inch aluminum disk stamped "TX DEPT OF TRANSPORTATION
PROPERTY CORNER" being the intersection of the southwesterly line of said called 0.2582
acre tract of land, the most southerly northeasterly line of said called 10.951 acre tract of land
and the most southerly northeasterly line of said Block 1 Restricted Reserve "C" with the
proposed southeasterly right-of-way line of FM 565 (right-of-way width varies), said 5/8 inch
iron rod with 2 inch aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY
CORNER" also being 80.00 feet Left of and at right angles to centerline Station 735+99.95 of
said FM 565;
(1) THENCE, North 44 degrees 03 minutes 57 seconds West, with the southwesterly line of
said called 0.2582 acre tract of land, with the most southerly northeasterly line of said
called 10.951 acre tract of land and with the most southerly northeasterly line of said
Block 1 Restricted Reserve "C", a distance of 20.02 feet to a calculated point for the west
corner of said called 0.2582 acre tract of land, said calculated point being the most
southerly north corner of said called 10.951 acre tract of land, said calculated point being
the most southerly north corner of said Block 1 Restricted Reserve "C". said calculated
point being in the southeasterly line of a called 8.0780 acre tract of land described as Part
1 in deed to the State of Texas as recorded in Volume 104, Page 441 of the Deed Records
of Chambers County, Texas, said calculated point also being in the existing southeasterly
right-of-way line of FM 565 (right-of-way width varies), from which a 5/8 inch iron rod
found for reference bears North 42 degrees 47 minutes 21 seconds West, a distance of
0.49 feet;
(2) THENCE, North 43 degrees 35 minutes 07 seconds East, with the northwesterly line of
said called 0.2582 acre tract of land, with the southeasterly line of said called 8.0780 acre
tract of land and with the existing southeasterly right-of-way line of said FM 565, a
distance of 103.15 feet to a calculated point for the north corner of said called 0.2582 acre
tract of land, said calculated point being the most northerly west corner of said called
10.951 acre tract of land, said calculated point being the most northerly west corner of
said Block 1 Restricted Reserve "C", said calculated point being in the southeasterly line
of said called 8.0780 acre tract of land, said calculated point also being in the existing
southeasterly right-of-way line of said FM 565, from which a 518 inch iron rod with cap
stamped "WINDROSE" found for reference bears North 42 degrees 39 minutes 59
seconds West, a distance of 0.27 feet;
July 21, 2023
Parcel ID P00076351.001
Page 3 of 6
EXHIBIT"A"
(3) THENCE, South 42 degrees 39 minutes 59 seconds East, with the northeasterly line of
said called 0.2582 acre tract of land, with the most northerly southwesterly line of said
called 10.951 acre tract of land and with the most northerly southwesterly line of said
Block 1 Restricted Reserve "C", a distance of 20.04 feet to a 5/8 inch iron rod with 2 inch
aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY CORNER"
set for the intersection of the northeasterly line of said called 0.2582 acre tract of land, the
most northerly southwesterly line of said called 10.951 acre tract of land and the most
northerly southwesterly line of said Block 1 Restricted Reserve "C" with the proposed
southeasterly right-of-way line of said FM 565, said 518 inch iron rod with 2 inch
aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY CORNER"
having surface coordinates of N=13,855,807.88 and E-=3,271,893.51 and being 80.00 feet
Left of and at right angles to centerline Station 734+97.30 of said FM 565;
(4) THENCE, South 43 degrees 35 minutes 07 seconds West, with the proposed
southeasterly right-of-way line of said FM 565, a distance of 102.66 feet to the POINT
OF BEGINNING and containing 0.0472 acres (2,058 square feet) of land.
July 21, 2023
Parcel ID P00076351.001
Page 4 of 6
EXHIBIT"A"
NOTES:
The basis of bearing is the Texas State Plane Coordinate System of 1983 South Central Zone
(4204), North American Datum (NAD83), 2011 adjustment, EPOCH 2O10.00. All distances and
coordinates shown are surface, unless otherwise noted, and may be converted to grid by dividing
by the TXDOT combined scale factor of 1.00013. Unit of measurement is U.S. Survey Feet.
A parcel plat of even date was prepared in conjunction with this property description.
Abstracting was completed in December, 2022 through June, 2023.
All stations and offsets shown are calculated relative to the project centerline (FM 565
centerline).
Access will be permitted to the remainder property abutting the highway facility.
1, Chris T. Abbott, a Registered Professional Land Surveyor, do hereby certify that this
description and accompanying plat of even date is true and correct to the best of my knowledge
and belief and that the property described herein was determined by survey made on the ground
under my direction and supervision.
OF CO
Chris T. Abbott
Registered Professional Land Surveyor No. 6407 CHRIS T. ABBOTT
Gorrondona & Associates, Inc. r s°� 6407
2800 NE Loop 820, Suite 660 �� •S U
Fort Worth, Texas 76137
Office 817-496-1424 Fax 817-496-1768
Texas Firm No. 10106900
EXHIBIT II A ll PAGE 5 OF 6
NOTES
1. THE BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE
SYSTEM OF 1983 SOUTH CENTRAL ZONE (42041 NORTH AMERICAN
DATUM (NA083), 2011 ADJUSTMENT, EPOCH 2O10.00. ALL DISTANCES
AND COORDINATES SHOWN ARE SURFACE, UNLESS OTHERWISE NOTED,
AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT
COMBINED SCALE FACTOR OF 1.00013. UNIT OF MEASUREMENT IS U.S.
SURVEY FEET.
2. A PROPERTY DESCRIPTION OF EVEN DATE WAS PREPARED IN
CONJUNCTION WITH THIS PARCEL PLAT.
3. ABSTRACTING WAS COMPLETED IN DECEMBER, 2022 THROUGH JUNE,
2023.
4. ALL STATIONS AND OFFSETS SHOWN ARE CALCULATED RELATIVE TO
THE PROJECT CENTERLINE (FM 565 CENTERLINE).
5. ACCESS WILL BE PREMITTED TO THE REMAINDER PROPERTY
ABUTTING THE HIGHWAY FACILITY.
LEGEND:
APPROXIMATE SURVEY LINE •.....
EXISTING R.O.W. LINE
LOT LINE - - - - - - - - - -
PROPERTY LINE P
PROPOSED CENTERLINE —-—-—-—-—
PROPOSED ACCESS DENIAL LINE �•� F••� f•�� ��•
PROPOSED R.O.W.
EXISTING EASEMENT LINE ---- ----
BROKEN LINE _
LAND HOOK (SAME OWNER)
TxDOT TYPE I CONCRETE MONUMENT FOUND
TxDOT TYPE II CONCRETE MONUMENT FOUND
TxDOT TYPE 11 CONCRETE MONUMENT WITH 4" BRASS
DISK STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION ❑
R.O.W." SET (UNLESS OTHERWISE NOTED)
MONUMENT FOUND (SIZE & TYPE NOTED)
CALCULATED POINT A
5/8 INCH IRON ROD WITH A 2" ALUMINUM DISK
STAMPED "TX DEPT OF TRANSPORTATION PROPERTY 0
CORNER" SET (UNLESS OTHERWISE NOTED)
ACRES AC.
DEED RECORDS OF CHAMBERS COUNTY, TEXAS D.R.C.C.T.
FARM TO MARKET ROAD FM
LEFT LT.
OFFICIAL PUBLIC RECORDS O.P.R.C.C.T.
OF CHAMBERS COUNTY, TEXAS
PLAT RECORDS OF CHAMBERS COUNTY, TEXAS P.R.C.C.T.
POINT OF BEGINNING P.O.B.
POINT OF COMMENCING P.O.C.
RIGHT RT.
RIGHT-OF-WAY R.O.W.
STATE HIGHWAY SH
SQUARE FEET SO. FT.
PLANIMETRICS LEGEND
COMMUNICATION BOX
(FIBER OPTIC)
DOWN GUY
ELECTRIC JUNCTION BOX
ELECTRIC METER
ELECTRIC TRANSFORMER
FENCE LINE
FIRE HYDRANT
LIGHT POLE
LIGHT STANDARD
I, CHRIS T. ABBOTT, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO MANHOLE (UTILITY)
HEREBY CERTIFY THAT THIS PLAT AND ACCOMPANYING DESCRIPTION OF EVEN OVERHEAD ELECTRIC
DATE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND SANITARY SEWER MANHOLE
THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY SURVEY MADE ON SIGN
THE GROUND UNDER MY DIRECTION AND SUPERVISION. TELEPHONE HANDHOLE
UTILITY MARKER
O F T UTILITY POLE
�` ........ ( WATER METER
zlx Q G1STf •` WATER VALVE
CHRIS T. ABBOTT %•••••••••••••..................... •........ THE ACREAGE CALCULATED AND SHOWN
REGISTERED PROFESSIONAL LAND SURVEYOR CHRIS T. AB BOTT
TEXAS NO. 6407 ..................................................... HEREON IS CONVERTED FROM THE SQUARE
GORRONDONA & ASSOCIATES, INC. r`.Op 6407 P;' FOOTAGE SHOWN HEREON, AND IS FOR
2800 NE LOOP 820, SUITE 660 9�I 0
INFORMATIONAL PURPOSES ONLY.
FORT WORTH, TEXAS 76137 r/ SS ••''`
PHONE: 817-496-1424 O S U R�
FAX: 817-496-1768
TEXAS FIRM NO. 10106900 *DENOTES A CALCULATED AREA 07/21/2023
02023 PARCEL PLAT SHOWING PARCEL P00076351 . 001
PARCEL P00076351 . 001 NUMBER
ACRES SQUARE FEET
Texas FEDERAL AID PROJECT NO. F M 565
STATE DISTRICT NO.ACQUISITION 0.0472 2,058
ment N/A 20 PARENT AREA 0.2582 *11,247
fDop"art
Trsportatlon SCALE FILE R.O.W.-C.S.J NO. COUNTY
1 " = 50' 102401083_P00076351.001_PG05 1024-01-083 CHAMBERS IREMAINDER AREA LT. *0.2110 *9, 189
EXHIBIT 11AII PAGE 6 of 6
R. A. PORTER SURVEY
ABSTRACT NO. 205
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
EXISTING R.O.W.
STATE OF TEXAS
VOLUME 104, PAGE 441
FM 565 0 P.R.C.C.T.
PROPOSED CALLED PART 8I ACRES
(R.O.W. WIDTH VARIES)
CENTERLINE FILED: MARCH 2, 1990
S 43° 35'07" W 912. 46'
— —1--------- --------I------------------I------------------I--------
737.00 735+00 20' UTILITY EASEMENT
TO CITY OF BAYTOWN
INSTRUMENT NO. 00113044
O'P.R.C.C.T.
P00076351 . 001 CALLED 1.2418 ACRES
FILED: JUNE 7, 2016
FOUND 5/8" IRON ROD
FOUND 5/8" WITH CAP STAMPED
IRON ROD BEARS "WINDR9SE" BEARS
EXISTING R.O.W. N 42°47'21" W 0.49' L 3 N 42°39'59" W 0.27'
---------------------
N --- ------------
J _
.———————_——————————— N=13,855,807.88
P.O. B. PARCEL — — --- L5------- --_ STA.2734,97.30
P00076351 .001 80.00' LT.
PROPOSED R.O.W.
N=13,855,733.52
E=39271,822.73 OWNER: 30' MAGNOLIA PIPE
STA. 735-99.95 LINE COMPANY EASEMENT ,
80.00' LT. THE CITY OF VOLUME 178, PAGE 29
BAYTOWN, TEXAS D.R.C.C.T.
PORTION OF BLOCK I VOLUME 1580, PAGE 106 FILED: JAULY ND 5' 1956
RESTRICTED RESERVE "C" 0.P. R. C. C. T. VOLUME 241, PAGE 506 i
AMERIPORT SECTION 9 CALLED 0. 2582 ACRES D.R.c.C.T.
MINOR PLAT FILED: JULY 1 2015 FILED: SEPTEMBER 21, 1962
INSTRUMENT NO. 2019 138650 '
P.R.C.C.T.
CALLED 28.9086 ACRES /
FILED: JANUARY 2, 2019 CI
i FOUND 5/8" IRON
i
ROD WITH CAP
OWNER: (DESTROYED),
AMERIPORT BUILDING 13, LLC i
INSTRUMENT NO. 2021-1 64096 P.O. C. PARCEL
o.P.R. T. P00076351 001
CALLED 10.951 .ACRES
FILED: FEBRUARY 10, 2021 FOUND 5/8" IRON
ROD WITH CAP
UNITED GAS PIPE
STAMPED "WINDROSE"
��
LINE COMPANY EASEMENT
VOLUME 308, PAGE 466
D.R.C.C.T. ��i� ' �� /
i
FILED: AUGUST 1 1, 1969 i�/ �' BLOCK 1 /
RESTRICTED RESERVE "B" /
AMERIPORT SECTION 9 /
i' MINOR PLAT /
INSTRUMENT No. 2019-138650 /
i
CALLED 110C9587 ACRES
LINE TABLE
FILED: JANUARY 2, 2019
LINE BEARING DISTANCE
L 1 N 44°03'S7" W 87.69"
L2 N 44°03'57" W 20.02'
L3 N 43°35'07" E 103.15'
L4 S 42°39'59" E 20.04'
L5 S 43°35'07" W 102.66' GRAPHIC SCALE
50, 0 25' 50'
CURVE TABLE
CURVE I RADIUS I DELTA ANGLE ICHORD BEARING ICHORO LENGTHI ARC LENGTH 1 = 50'
Cl 1 3,410.00 01-41'07"(LT. )I N 46°51'07" E 1 100.30' 1 100.30' *DENOTES A CALCULATED AREA 07/21/2023
02023 PARCEL PLAT SHOWING PARCEL P00076351 . 001
PARCEL P00076351 . 001 NUMBER
ACRES SQUARE FEET
Texas FEDERAL AID PROJECT NO. FM 5 6 5 STATE DISTRICT No.ACQUISITION 0.0472 2,058
Department N/A 20 PARENT AREA 0.2582 M11,247
ofTransportatlon SCALE FILE R.O.W. C.S.J NO. COUNTY
1 ' = 50' 102401083_P00076351.001_PG06 1024-01-083 CHAMBERS REMAINDER AREA LT. *0.2110 *9,189
EXHIBIT "B"
texas
f}eparfinenf
o17Yans�mralian
Form ROW-A-5
(Rev.08/2011)
REAL ESTATE APPRAISAL REPORT-TEXAS DEPARTMENT OF TRANSPORTATION
Address of Property: Southeast Side of FM-565,Baytown,Texas 77523 District:Beaumont
Property Owner:The City of Baytown,Texas,a home-rule municipality Parcel No.:P00076351.001
Address of Property Owner:P.O.Box 424,Baytown,TX 77522 ROW CSJ: 1024-01-083
Occupant's Name:Vacant Land(N/A) Federal Project No:N/A
Whole: ❑ Partial: ® Acquisition Highway:FM-565 County:Chambers County
Purpose of the Appraisal
The purpose of this appraisal is to estimate the market value of the fee simple title to the real property to be acquired,encumbered by any easements not to be
extinguished,less oil,gas and sulphur. If this acquisition is of less than the whole property,then any special benefits and/or damages to the remainder
property must be included in accordance with the laws of Texas.
Market Value
Market value is defined as follows: "Market Value is the price which the property would bring when it is offered for sale by one who desires,but is not
obliged to sell,and is bought by one who is under no necessity of buying it,taking into consideration all of the uses to which it is reasonably adaptable and for
which it either is or in all reasonable probability will become available within the reasonable future."
Certificate of Appraiser
I hereby certify:
That it is my opinion the total compensation for the acquisition of the herein described property is$6,483 as of January 26,2024,based upon my
independent appraisal and the exercise of my professional judgment;
That on January 26,2024,I personally inspected in the field the property herein appraised;that I afforded the property owners or representative the
opportunity to accompany me during the inspection;contact not be established at first and an inspection was made from the public rights-of-way and
surrounding public areas;the owner's representative contacted me on February 5,2024,and I advised the inspection was performed on January 26,2024.
That the comparables relied upon in making said appraisal were as represented by the photographs contained in the appraisal report and were inspected on
January 26,2024;
That I have not revealed and will not reveal the findings and results of such appraisal to anyone other than the proper officials of the Texas Department of
Transportation or officials of the Federal Highway Administration until authorized by State officials to do so,or until I am required to do so by due process of
law,or until I am released from this obligation by having publicly testified to such findings;
That my compensation is not contingent upon the reporting of a predetermined value or direction in value that favors the caus e of the client,the amount of
the value estimate,the attainment of a stipulated result,or the occurrence of a subsequent event.
The appraiser has considered access damages in accordance with Section 21.042(d)of the Texas Property Code,as amended by SB 18 of the Texas 82"d
Regular Legislative Session and finds as follows:
1. Is there a denial of direct access on this parcel?No
2. If so,is the denial of direct access material? N/A
3. The lack of any access denial or the material impairment of direct access on or off the remaining property affects the market value of the remaining
property in the sum of$0.
1 certify to the best of my knowledge and belief:
That the statements of fact contained in this report are true and correct;
That the reported analyses,opinions and conclusions are limited only by the reported assumptions and limiting conditions,and are my personal,unbiased
professional analyses,opinions,and conclusions;
That I have no present or prospective interest in the property that is the subject of this report,and I have no personal interest or bias with respect to the
parties involved;
That my analyses,opinions and conclusions were developed,and this report has been prepared in conformity with the appropriate State laws,regulations,
and policies and procedures applicable to the appraisal of right of way for such purposes,and that to the best of my knowledge no portion of the value
assigned to such property consists of items which are noncompensable under the established law of said State,and any decrease or increase in the fair market
value of subject real property prior to the date of valuation caused by the public improvement for which such property is to be acquired,or by the likelihood
that the property would be acquired for such improvement,other than that due to the physical deterioration within the reasonable control of the owner,has
been disregarded in estimating the compensation for the property.
To the best of my knowledge,the value does not include any items
C A which are not compensable under State law.
Appraiser Signature—M.Colt Jones,MAI,SRA,R/W-AC
TX-1380107
Certification Number
February 23,2024 February 27,2024
Date Reviewing Appraiser Date
Table of Contents
Property Identification and Certification
Certification 1.2
General Assumptions And Limiting Conditions 1.3
Jurisdictional Exceptions 1.5
Introduction
Executive Summary 1.7
Identification of Appraisal Assignment 1.9
Scope of Work 1.14
Subject Property Photographs 2.0
Descriptions& Exhibits
Regional Analysis 2.1
Neighborhood Analysis 2.3
Site Description 2.13
Property Valuation Summary-Whole Property 3.0
Highest& Best Use Analysis-Whole Property 3.1
Land Valuation - Whole Property 3.6
Cost Approach 3.21
Sales Comparison Approach 3.22
Income Capitalization Approach 3.23
Reconciliation of Value Conclusions-Whole Property 3.24
Property Valuation Summary— Part to be Acquired 4.0
Highest& Best Use—Part To Be Acquired 4.2
Reconciliation of Value Conclusions - Part to be Acquired 4.3
Property Valuation Summary—Remainder After 5.0
Highest& Best Use—Remainder After 5.2
Sales Comparison Approach (Land) —Remainder After 5.3
Cost Approach — Remainder After 5.4
Sales Comparison Approach (Improved) — Remainder After 5.5
Income Approach — Remainder After 5.6
Reconciliation of Value Conclusions— Remainder After 5.7
Compensation Summary 6.0
Addenda
General Definitions 1
Qualifications of Appraiser&Appraiser License 4
Property Information and Project Survey 10
Correspondence 28
Certification
We certify that, to the best of our knowledge and belief:
/ The statements of fact contained in this report are true and correct.
/ The reported analyses, opinions, and conclusions of the signers are limited only by the reported
assumptions and limiting conditions, and are our personal, impartial, and unbiased professional
analyses, opinions, and conclusions.
/ The signers of this report has no present or prospective interest in the property that is the subject of
this report, and no personal interest with respect to the parties involved.
/ M. Colt Jones, MAI, SRA, R/W-AC and Sunny Starrett, RWA, R/W-AC has performed no services,
specifically as an appraiser or in any other capacity, regarding the property that is the subject of this
report within the three-year period immediately preceding acceptance of this assignment.
/ The signers are not biased with respect to the property that is the subject of this report or to the
parties involved with this assignment.
/ The engagement in this assignment was not contingent upon developing or reporting
predetermined results.
/ The compensation for completing this assignment is not contingent upon the development or
reporting of a predetermined value or direction in value that favors the cause of the client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent
event directly related to the intended use of this appraisal.
/ The reported analysis, opinions, and conclusions were developed, and this report has been prepared,
in conformity with the requirements of the Code of Professional Ethics and Standards of Professional
Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal
Practice, as set forth by the Appraisal Standards Board of the Appraisal Foundation.
/ M. Colt Jones, MAI, SRA, R/W-AC inspected the property that is the subject of this report. Sunny
Starrett, RWA, R/A-AC did not inspect the property that is the subject of this report.
/ No one provided significant real property appraisal assistance to the appraisers signing the
certification.
/ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its
duly authorized representatives. As of the date of this report, M. Colt Jones, MAI, SRA, R/W-AC has
completed the continuing education program for Designated Members of the Appraisal Institute.
LA
February 23, 2024
M. Colt Jones, MAI, SRA, R/W-AC Date
Certified General Real Estate Appraiser
Texas License No. TX-1380107
Expiration Date 11/30/2025
February 23, 2024
Sunny Starrett, RWA, R/W-AC Date
Real Estate Appraiser Trainee
Texas License No. TX-1341361 —Trainee
Expiration Date 05/31/2025
FM 565-P00076351.001 -CRE-2023-0636 1-2
General Assumptions & Limiting Conditions
This appraisal report is subject to the following general assumptions and limiting conditions:
1. No investigation has been made of, and no responsibility is assumed for, the legal description or for
legal matters including title or encumbrances. Title to the property is assumed to be good and
marketable unless otherwise stated. The property is further assumed to be free and clear of liens,
easements, encroachments and other encumbrances unless otherwise stated, and all improvements are
assumed to lie within property boundaries.
2. Information furnished by others, upon which all or portions of this report are based, is believed to be
reliable, but has not been verified in all cases. No warranty is given as to the accuracy of such information.
3. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or
administrative authority from any local, state, or national government or private entity or organization
have been, or can readily be obtained, or renewed for any use on which the value estimates provided in
this report are based.
4. Full compliance with all applicable federal, state and local zoning, use, occupancy, environmental, and
similar laws and regulations is assumed, unless otherwise stated.
5. No responsibility is taken for changes in market conditions and no obligation is assumed to revise this
report to reflect events or conditions, which occur subsequent to the appraisal date hereof.
6. Responsible ownership and competent property management are assumed.
7. The allocation, if any, in this report of the total valuation among components of the property applies
only to the program of utilization stated in this report. The separate values for any components may not
be applicable for any other purpose and must not be used in conjunction with any other appraisal.
s. Areas and dimensions of the property were obtained from sources believed to be reliable. Maps or
sketches, if included in this report, are only to assist the reader in visualizing the property and no
responsibility is assumed for their accuracy. No independent surveys were conducted.
9. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures
that affect value. No responsibility is assumed for such conditions or for arranging for engineering
studies that may be required to discover them.
10. No soil analysis or geological studies were ordered or made in conjunction with this report, nor was an
investigation made of any water, oil, gas, coal, or other subsurface mineral and use rights or conditions.
11. Neither this company nor any individuals signing or associated with this report shall be required by
reason of this report to give further consultation, to provide testimony or appear in court or other legal
proceedings, unless specific arrangements thereto for have been made.
12. This appraisal has been made in conformance with, and is subject to, the requirements of the Code of
Professional Ethics and Standards of Professional Conduct of the Appraisal Institute and the Uniform
Standards of Professional Appraisal Practice.
13. We have not been engaged nor are we qualified to detect the existence of hazardous material, which
may or may not be present on or near the property. The presence of potentially hazardous substances
such as asbestos, urea-formaldehyde foam insulation, industrial wastes, etc. may affect the value of the
property. The value estimate herein is predicated on the assumption that there is no such material on,
in, or near the property that would cause a loss in value. No responsibility is assumed for any such
conditions or for any expertise or engineering knowledge required to discover them. The client should
retain an expert in this field if further information is desired.
FM 565-P00076351.001 -CRE-2023-0636 1-3
General Assumptions & Limiting Conditions (Continued)
14. The date of value to which the conclusions and opinions expressed in this report apply is set forth in the
opinion letter at the front of this report. Our value opinion is based on the purchasing power of the
United States' dollar as of this date.
15. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. We have not made a
specific compliance survey and analysis of this property to determine whether or not it is in conformity
with the various detailed requirements of the ADA. It is possible that a compliance survey of the property
along with a detailed study of ADA requirements could reveal that the property is not in compliance
with the act. If so, this would have a negative effect on the property value. We were not furnished with
any compliance surveys or any other documents pertaining to this issue and therefore did not consider
compliance or noncompliance with the ADA requirements when estimating the value of the property.
16. In accordance with our agreement, this report is limited to the value of the subject property. One or
more additional issues may exist that could affect the Federal tax treatment of the subject property with
respect to which we have prepared this report. This report does not consider or provide a conclusion
with respect to any of those issues. With respect to any significant Federal tax issue outside the scope
of this report, this report was not written, and cannot be used, by anyone for the purpose of avoiding
Federal tax penalties.
Extraordinary Assumptions
When a value opinion is subject to an extraordinary assumption or hypothetical condition, the appraiser
must state that condition so that its effect on the value opinion or conclusion is clear. An extraordinary
assumption is an assumption that is directly related to a specific assignment, which if found to be false,
could alter the appraiser's opinions or conclusions. Extraordinary assumptions presume as fact otherwise
uncertain information about physical, legal, or economic characteristics of the subject property; or about
conditions external to the property such as market conditions or trends; or about the integrity of data used
in an analysis. An extraordinary assumption may be used in an assignment only if:
• It is required to properly develop credible opinions and conclusions;
• The appraiser has a reasonable basis for the extraordinary assumption;
• Use of the extraordinary assumption results in a credible analysis; and
• The appraiser complies with the disclosure requirements set forth in USPAP for extraordinary
assumptions.
The use of an Extraordinary Assumption(s) may have impacted the results of the assignment.
• Because of the numerous mathematical calculations that are inherent for partial acquisition valuations,
very little rounding of value estimates are made in this report. Value estimates are not exact, but
opinions of approximate value only.
• We have relied on the client-provided survey for the land sizes used in this report. We have utilized the
client-provided survey for the whole property size, part acquired size and remainder after size
referenced herein.
• We assume that the relocation of any public utility lines (water, electric, and gas) will be handled
through the TxDOT's Utility Relocation Plan (outside the appraisal). Where applicable private utilities
and utility reconnection fees are addressed in the appraisal report.
FM 565-P00076351.001 -CRE-2023-0636 1-4
General Assumptions & Limiting Conditions (Continued)
• Upon review of the TxDOT survey and the schematic map received from the client, we assume the
acquisition does not include the concrete driveway on the subject property as shown on the schematic
map. If this proves to be incorrect, then our report may no longer be valid.
Hypothetical Conditions
Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic
characteristics of the subject property; or about conditions external to the property, such as market
conditions or trends; or about the integrity of data used in an analysis. A hypothetical condition may be
used in an assignment only if:
• Use of the hypothetical condition is clearly required for legal purposes, for purposes of reasonable
analysis, or for purposes of comparison;
• Use of the hypothetical condition results in a credible analysis; and
• The appraiser complies with the disclosure requirements set forth in USPAP for hypothetical
conditions.
The Before and After Method of Valuation involves the use of a hypothetical condition in both scenarios.
When developing an opinion of market value for the subject whole property, any impact the project may
have is disregarded. As a result, we have prepared the appraisal analysis of the subject property in the
before condition under the hypothetical condition that the project activities have no effect on the value
conclusions stated in this appraisal report. In the after scenario, the valuation is based on the hypothetical
condition that the proposed project for which this appraisal report was prepared, is complete. Use of the
hypothetical condition may have affected the assignment results.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 commonly
referred to as the Uniform Act Sec. 301(3) states that "any decrease or increase in the fair market
value of real property prior to the date of valuation caused by the public improvement for which
such property is acquired, or by the likelihood that the property would be acquired for such
improvement, other than that due to physical deterioration within the reasonable control of the
owner will be disregarded in determining the compensation for the property." Our valuation
excludes any influence, if any exists, in the fair market value of the property caused by the public
improvement project. Furthermore, our valuation of the remainder property assumes that the
proposed public or private improvements were complete as of the effective date of valuation, when
in fact it is known that they are not. The use of hypothetical conditions derived from public policy
and case law does not result in a process that is limited or renders the results no longer credible.
Jurisdictional Exceptions
USPAP defines a Jurisdictional Exceptions as, "an assignment condition established by applicable law or
regulation, which precludes an appraiser from complying with a part of USPAP".
If any part of the Uniform Standards of Professional Appraisal Practice is contrary to the law or public policy
of any jurisdiction, only that part shall be void and of no force or effect in that jurisdiction. As a matter of
law, any enhancements caused by the public project is not to be considered. Additionally, the appraisal of
the remainder assumes the public roadway improvements are in place and completed as of the effective
date of value. These assumptions are permitted by the Jurisdictional Exception portion of USPAP.
FM 565-P00076351.001 -CRE-2023-0636 1-5
General Assumptions & Limiting Conditions (Continued)
Case Law and Legislative Precedents
For right-of-way projects in the State of Texas, there are also several cases that may establish compensable
and non-compensable elements resulting from a project. For example, regarding the compensation for
landscaping, the Texas Supreme Court stated in the case of White vs. Natural Gas that "in eminent domain
proceedings our courts have consistently held that the landowner cannot recover for damage to crops, loss
of trees, ornamental shrubs, etc., as separate items. These features can be taken into consideration in
determining compensation only insofar as they affect the market value of the land, as land.l"
1 White v.Natural Gas Pipeline Company of America,444 S.W.2d 298,301 (Tex. 1969)
FM 565-P00076351.001 -CRE-2023-0636 1-6
Executive Summary
PROPERTY IDENTIFICATION
Name Industrial Property
Property Land -Industrial Land
Address Southeast Side of FM-565
City, State Zip Baytown,Texas 77523
County Chambers County
MSA Houston-The Woodlands-Sugar Land,TX MSA
Market/Submarket Houston MSA/East-Southeast Far
Geocode 29.779808,-94.891721
Census Tract 48-071-710201
SITE DESCRIPTION
Number of Parcels 1
Assessor Parcel Number 54897
Land Area Square Feet Acres
Total 11,247 0.2582
Zoning Unincorporated (N/A)
Shape Generally Rectangular
Topography Level at street grade
Flood Zone Zone AE
QUALITATIVE ANALYSIS
Site Quality Average
Site Access Average
Site Exposure Average
Site Utility Average
*Note the Deed of Conveyance land square-foot size and the TxDOT Survey land square-foot size differ slightly.
We have relied on the TxDOT Survey for the land square-footage size in this report.
HIGHEST & BEST USE
As Vacant Assemblage
EXPOSURE
Exposure Time More than 24 Months
SUMMARY
VALUE OF THE SUBJECT AS A WHOLE PROPERTY
Subject Land $35,428
TOTAL $35,428
VALUE OF THE ACQUISITIONS
Fee Acquisition $6,483
TOTAL $6,483
VALUE OF THE REMAINDER AS PART OF THE WHOLE
Land Less Acquisitions (excludes site improvements) $28,945
TOTAL $28,945
VALUE OF THE REMAINDER AFTER THE ACQUISITION
Remainder As Part of the Whale $28,945
VALUE OF THE REMAINDER PARCEL $28,945
TOTAL AWARD
Fee Acquisition $6,483
TOTAL $6,483
FM 565-P00076351.001 -CRE-2023-0636 ^\ 1-7
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Identification of Assignment
Property Identification
The subject property, located on the Southeast Side of FM-565, Baytown, TX, is a lift station located in the
East-Southeast Far submarket of the Houston MSA. This property has been determined to be part of the
planned road widening project of FM-565 by the Texas Department of Transportation and therefore is the
subject of this report.
The Chambers County Appraisal District's Parcel Number for the whole property is 54897.
Legal Description (Whole Property)
Approximately 0.2582 acres situated in the R.A. Porter Survey, Abstract Number 205, City of Baytown ETJ,
Chambers County, Texas.
SUMMARY OF PARTS ACQUIRED
WHOLE ACQUISITION REMAINDER
Total Land Area (Acres) 0.2582 0.0472 0.2110
*Note the City of Baytown, Texas owns a twenty-foot utility easement along the frontage of the
subject property. Therefore, the City of Baytown, Texas owns 100% of the rights within the proposed
acquisition.
Project Identification
The proposed acquisition of Parcel P00076351.001 will facilitate future improvements to FM-565 generally in
an area between SH-99 (East Grand Parkway) and SH-146 along FM-565 and FM-1405 just outside of the
City of Baytown, but within the Extraterritorial Jurisdiction (ETJ) of Baytown.
The proposed project will stretch 2.9-miles and will reconstruct, re-align, and widen the existing two-lane
section with narrow shoulders to accommodate two 12-foot travel lanes in each direction separated by a 16-
foot raised median (with periodic left turn lanes) and 10-foot outside shoulders. A new FM-565 bridge is
proposed to overpass the Union Pacific Railroad (UPRR) crossing, thus eliminating the at grade crossing.'
This project will improve safety, operational efficiency, and travel times along the corridor. In addition, it will
help to accommodate future growth. The overall purpose of the project is to provide the traveling public
with a good, traversable, and safe public roadway. The map and images below and on the following page
identify the entire project area and renderings of the existing roadway and proposed roadway.
2 TOOT FM-565 from SH-99 to SH-146 Fact Sheet
FM 565-P00076351.001 -CRE-2023-0636 1-9
Identification of Assignment (Continued)
FM 565 Chambers County - Project Location Map
Project begin — — 2354 r•�
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CowTY ---_ _ CHAMBERS
14 COUNTY
Project End �+
Proposed Project
Proposed 6r6dge
1405 gg — ""-Curve"Pr0iect
Existing Roadway Design vs. the Proposed Roadway Design
ExistingTypicaI Section
■ Two 9-to 12-foot-wide
CL lanes in each direction
0 3-to 10-foot-wide
o a
_ shoulders
AM _ ■ Located within a right of
way of approximately 80
3 SO' 9 11 9 12 3 lb feet
Lase Lane
Proposed Typical Section
■ Two 12-foot-wide lanes in
CL each direction
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A 16-foot raised median
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■ Located within a typical
— — - right of way width of 120
SU' 12' 12' 16' 12 12' 19 feet
Shoulder Lane Lane Medlan Lane Lane Shoulder
Client/Intended Use/Users
The client for this specific assignment is Pape-Dawson Consulting Engineers, LLC. The intended users include
Pape-Dawson Consulting Engineers, LLC, the Texas Department of Transportation (TxDOT), their council and
assigns. The intended use of this appraisal is to assist the client in their determination of adequate
compensation due to the property owner, in compliance with the Texas Constitution, Article 1, Section 17, to
be paid for the acquisition of Real Property interest for a public purpose as described herein. Others may
receive a copy of this report due to legal requirements of disclosure, but the report is not intended for any
other use or user (i.e., mortgage lending, tax assessment, etc.).
Reliance Language
Use of this report by Third-Parties and other unintended users is not permitted. This report must be used in
its entirety. Reliance on any portion of the report independent of others, may lead the reader to erroneous
FM 565-P00076351.001 -CRE-2023-0636 1-10
Identification of Assignment (Continued)
conclusions regarding the property values. Unless approval is provided by the authors no portion of the
report stands alone.
Purpose
The purpose of the appraisal is to develop an opinion of real property compensation due to the property
owner, which includes the market value of the part to be acquired, plus any applicable damages to the
remainder property, as of the effective date of the appraisal. Market value is based upon analysis of the
underlying fee simple interest in the property. In some assignments, the market value of permanent or
temporary easement interest(s) are required. The appraisal is valid only as of the stated effective date or
dates.
Applicable Requirements
• This appraisal is intended to conform to the requirements of the following:
• Uniform Standards of Professional Appraisal Practice (USPAP);
• Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal
Institute;
• Applicable state appraisal regulations including Texas Property Code, Title 4, Chapter 21;
• Appraisal requirements of Uniform Relocation Assistance and Real Property Acquisition for Federal
and Federally-Assisted Programs (Uniform Act), CFR 49: Part 24; and
• Appraisal guidelines of TxDOT.
Definition Of Market Value
Market Value is the price which the property would bring when it is offered for sale by one who desires, but
is not obliged to sell, and is bought by one who is under no necessity of buying it, taking into consideration
all of the uses to which it is reasonably adaptable and for which it either is or in all reasonable probability
will become available within the reasonable future?
Property Rights Appraised
The property rights appraised constitute the fee simple estate interest.
Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed
by the governmental powers of taxation, eminent domain, police power and escheat.4
Non-Discrimination Statement
This appraisal has been completed without regard to race, color, religion, national origin, sex, marital status
or any other prohibited basis, and does not contain references which could be regarded as discriminatory.
3 Texas Supreme Court,City of Austin v.Cannizzo,267 S.W.2d 808(Tex.1954).
4 The Dictionary of Real Estate Appraisal,Seventh Edition,Appraisal Institute,Chicago,Illinois,2022
FM 565-P00076351.001 -CRE-2023-0636 E 1-11
Identification of Assignment (Continued)
Personal Property & Business Intangible
The estimate of compensation in this report is for real property interest, or real estate which includes the
physical land and improvements attached to the land. This report does not include a value estimate for
personal property or trade fixtures unless represented otherwise in this report. According to the Code of
Federal Regulations (CFR), Title 49 — Transportation, Section 24.103(a)(1), "The appraisal report should
identify the items considered in the appraisal to be real property, as well as those identified as personal
property". The real property or real estate is described in other sections of this report, or the Description and
Analysis of the Land and in the Description and Analysis of the Improvements.
In the case of the subject property, it is being appraised as land. No personal property items were
notated on the property during the course of our field inspection.
Property And Sales History
Current Owner/Five-Year Sales History
The subject title is currently recorded in the name of The City of Baytown, Texas who acquired title to the
property from Ameriport, LLC on June 25, 2015, for an undisclosed sale price, as recorded in the official
public record of Chambers County Deed Records, Document Number 2015104322.
Current Pending Sale/Under Contract
According to county records there has been no transfer of ownership for the subject property in the past
three years and there is no known pending sale or listing of the subject.
FM 565-P00076351.001 -CRE-2023-0636 1-12
Scope of Work
According to the Uniform Standards of Professional Appraisal Practice, it is the appraiser's responsibility to
develop and report a scope of work that results in credible results that are appropriate for the appraisal
problem and intended user(s). Therefore, the appraiser must identify and consider:
• The client and intended users
• The intended use of the report
• The type and definition of value
• The effective date of value
• Assignment conditions
• Typical client expectations
• Typical appraisal work by peers for similar assignments
The client of this specific assignment is Pape-Dawson Consulting Engineers, LLC. The purpose of this
appraisal is to develop an opinion of just compensation due to the landowner as a result of the partial
acquisition of right-of-way. Pape-Dawson Consulting Engineers, LLC and the Texas Department of
Transportation, their council and assigns are the only intended user of this report. Use of this report by
Third-Parties and other unintended users is not permitted. This report must be used in its entirety. Reliance
on any portion of the report independent of others, may lead the reader to erroneous conclusions regarding
the property values. Unless approval is provided by the authors no portion of the report stands alone.
The scope of work for this assignment was based on the needs and prior communications with the Client.
The purpose of this assignment—which was prepared as an Appraisal Report in accordance with USPAP
Standards Rule 2-2a, with the analysis stated in the document and representing a summarized level of
analysis.
Across the Fence "ATF" Methodology
As discussed later in this report, it has been determined that the subject property is a non-economic unit
and its highest and best use is for assemblage. As such, the appraisers have utilized "Across-the-Fence"
methodology or "ATF." The Dictionary of Real Estate Appraisal, 7th edition states the "across the fence
method is used to develop a value opinion based on comparison to abutting land." The premise of this
technique is that the unit value of the land adjacent to the subject is applicable for valuation of the subject.
The subject is an 11,247 square foot parcel of land. Given the subject's small size, the potential for
development appears severely restricted. Thus, for valuation purposes, a "Comparison Tract" is needed.
Larger Parcel Theory: This is most frequently employed when valuing a parcel that is so small or otherwise
restricted that it does not constitute an economic unit capable of being developed independently.
Consequently, it must hypothetically be assembled with adjoining property in order to create a "larger
parcel" that is marketable. Underlying foundational requirements established by the courts hold that to
qualify under larger parcel theory three conditions must be satisfied: unity of ownership, unity of contiguity,
and unity of use (highest and best use). A larger parcel may be comprised of less than the extent of
ownership boundaries, or it may extend beyond the legal boundaries of fee ownership through beneficial
ownership. "Ownership" (possession) rights can be held in fee simple or through a lesser estate such as a
partnership, an undivided interest, a leased interest, a development agreement, through complimentary land
use patterns, etc. "Contiguity" can be interpreted as properties sharing a property line, or it may involve
FM 565-P00076351.001 -CRE-2023-0636 1-13
Scope of Work (Continued)
noncontiguous properties held under common ownership, dependent land uses, complimentary land uses,
properties under lease, or a combination of the like.
Due to the location of the subject tract, coupled with its usability issues, the appraiser has assumed this tract
to be part of a larger adjoining "comparison tract" for valuation purposes. The comparison tract has been
determined to be the land adjoining this tract which is an industrial use property. The comparison tract is
identified graphically in the map below.
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The type and extent of our research and analysis is detailed in individual sections of the report. In general,
the following steps were taken to perform this assignment:
• Physically inspected the subject property and the surrounding market area. The inspection of the
property is limited to those things readily observable without the use of special testing or
equipment.
• Collected factual information about the property and the surrounding market and confirmed the
information with various sources.
• Performed a highest and best use analysis of the subject site as vacant and as improved when
applicable.
• Gathered market information relevant to the valuation of the subject. Data on comparables were
confirmed with at least one of the parties to the transaction.
FM 565-P00076351.001 -CRE-2023-0636 1-14
Scope of Work (Continued)
• Analyzed market information and developed indications of value under the necessary approaches to
value for a credible assignment result. The market information was analyzed for an appraisal of the
Whole Property, the Part to be Acquired and the value of the Remainder Before and Remainder
After the acquisition.
o The appraisal of real estate typically employs three traditional valuation methods: the sales
comparison approach, the cost approach, and the income approach. In this analysis, the sales
comparison approach for land was used to value the subject property.
o Because of the numerous mathematical calculations that are inherent for partial acquisition
valuations, very little rounding of value estimates is made in this report. Value estimates are
not exact, but opinions of approximate value only.
• Partitioned the Whole Property value opinion between the Part to be Acquired and the
Remainder Before the acquisition. In this case, the part to be acquired and remainder before
estimates are prorated allocations of the whole property (e.g., If the whole property is 100% and the
part to be acquired is 10%, the remainder before the acquisition is 90%).
• Performed a highest and best use analysis on the Remainder After with consideration to the impact
on the residual property as a result of the proposed acquisition. The appraisal of a remainder
property is performed as though the proposed public or private improvements are complete as of
the effective date of valuation. If necessary, the cost to cure and restore the functional utility of the
remainder after was estimated.
• Derived an estimate of the total compensation due to the owner of the property as the result of a
proposed acquisition by summation of the part to be acquired and any damages. Permanent
damages were calculated based on the difference in the value opinion for the remainder before and
remainder after.
• Prepared an appraisal report summarizing our analyses, opinions and conclusions.
Other elements of the scope of work undertaken to perform this assignment are outlined throughout the
narrative of the report.
Reporting of this appraisal is the combination of the A-5 Appraisal Report format required by TxDOT and
supplemental material utilized to comply with those minimum requirements established in USPAP under
Standard Rule 2: Real Property Appraisal, Reporting. The appraiser's analysis and conclusions are
summarized within this document.
M. Colt Jones, MAI, SRA, R/W-AC and Sunny Starrett, RWA, R/W-AC have performed no services, specifically
as an appraiser or in any other capacity, regarding the property that is the subject of this report within the
three-year period immediately preceding acceptance of this assignment.
Unless otherwise noted in this appraisal, area measurements were taken from the information made
available to us that was provided by the Client and site surveys or other sources. These figures have been
cross-checked to the extent possible with public records. However, in no event—unless otherwise noted in
this report—have we conducted measurements of the specific areas (these figures are taken solely from the
information provided by the Client, site surveys or other sources).
The authors of this report are aware of the Competency Rule of USPAP and meet the standards.
FM 565-P00076351.001 -CRE-2023-0636 1-15
Scope of Work (Continued)
Sources of Information
The following sources were contacted to obtain relevant information:
INFORMATION PROVIDED"
Property Assessment &Tax Chambers County Appraisal District
Zoning &Land Use Planning Unincorporated
Site Size TXDOT Survey
Flood Map LandlD
Demographics Costar, Inc.
Comparable Information Third-Party Resources I Public Records I Confirmed by Local Agents
Legal Description Title Commitment and Former Deed of Conveyance
Title Client
Phase I Environmental Report Not Provided
The lack of unavailable items could affect the results of this analysis. As part of the general assumptions and
limiting conditions, the subject is assumed to have no adverse easements, significant items of deferred
maintenance, or be impacted by adverse environmental conditions.
Subject Property Inspection
PROPERTY INSPECTION
APPRAISER INSPECTED EXTENT DATE ROLE
M.Colt Jones, MAI, SRA, R/W-AC Yes Public ROW January 26,2024 Primary Appraiser
Sunny Starrett, RWA, R/W-AC No N/A January 26,2024 Appraiser
On December 21, 2023, a certified owner contact letter and property owner information sheet were mailed
to the property owner listed on the assessment office records. Kimberly Patterson, ROW Coordinator for the
City of Baytown, made contact on February 5, 2024. We advised Ms. Patterson that an inspection of the
property was made on January 26, 2024, from rights-of-way and surrounding public areas. Owner contact
information is below.
PRIMARY
Company The City of Baytown, Texas
Representative c/o Kimberly Patterson, ROW Coordinator
Address 2123 Market Street, Baytown, TX 77520
Phone (281) 420-6681
Email kimberly.patterson@baytown.org
Exposure
USPAP Standard rule 1-2(c)(iv) requires an opinion of exposure time, not marketing time, when the purpose
of the appraisal is to estimate market value. The following is an estimate of exposure time:
EXPOSURE
Exposure Period Conclusion More than 24 Months
FM 565-P00076351.001 -CRE-2023-0636 N 1-16
Form ROW-A-5(Rev.08/11)
PHOTOGRAPHS OF SUBJECT PROPERTY
Include Each Major Improvement
Parcel No: P00076351.001 Local Address: Southeast Side of FM-565,Baytown,Texas 77523
Date Taken: January 26,2024 Taken By: M.Colt Jones,MAI,SRA,R/W-AC
1.Point from which taken: FM-565 Looking: Looking southeast across the subject whole property.
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i
2.Point from which taken: Adjacent property Looking: Northeast towards the proposed acquisition.
FM 565-P00076351.001 CRE-2023-0636 ��a' 2-0
Regional Analysis
Introduction
In order to understand the subject's position in the area or region, we have undertaken a brief analysis in
order to determine how trends—both historical and projected—in population, employment, personal
income, consumer spending, and housing impact supply and demand and influence the subject's area
directly and indirectly. This analysis first begins on a broader spectrum, and without respect to the subject
itself, and is highlighted in the Regional Area Analysis. Secondly, we undertake a more narrowly focused
study of the aforementioned attributes as they relate directly to the subject and the subject's neighborhood.
This discussion is presented in the forthcoming Local Area Analysis.
The subject property is located north of Baytown, Texas. The map presented below illustrates the subject
property location relative to the Houston-The Woodlands-Sugar Land, TX MSA metropolitan area.
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Highlands
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Baytown Beach City
Pasadena
Deer Park
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Friendswood
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(lab San Leon 5�°° Bolivar
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FM 565—P00076351.001 —CRE-2023-0636 e� 2-1
Regional Analysis (Continued)
Unemployment
The following graphs charts the trailing 18 months and trailing 10 years unemployment rate for the United
States, South Region, Texas, Houston-The Woodlands-Sugar Land, TX MSA, and Chambers County.
MONTHLY UNEMPLOYMENT RATE (18 MONTHS)
6.5%
5.5%
5.0%
4.5%
4.0% -----------------
-
3.0%
2.5%
Source:U.S.Bureau of Labor Statistics
2.0%
Jul Aug Sep Oct Nov 2022 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 2023
Dec Dec
------Nation 3.5% 3.6% 1 3.5% 3.6% 3.6% 3.5% 3.4% 3.6% 3.5% 3.4% 3.7% 3.6% 3.5% 3,8% 3.8% 3.8% 3.7% 3.7%
-Region 3.6% 3.6% 32% 3.3% 3.1% 2.9% 3.5% 3.5% 3.3% 28% 3.3% 3.5% 3.5% 3.6% 3.4% 3.3% 3.1% 3.1%
State 4.0% 3.9% 3.7% 3.7% 3.7% 3.5% 4.2% 4.5% 4.2% 3.7% 4.1% 4.2% 4.5% 4.5% 4.1% 3.8% 3.5% 3.5%
-Area 4.3% 4.3% 4.0% 3.9% 3.9% 3.8% 4.5% 4.8% 4.4% 3.9% 4.4% 4.5% 4.9% 4.9% 4.4% 4.1% 3.8% 3.9%
-County 5.5% 5.3% 5A% 4.7% 4.7% 5.0% 5.8% 5.8% 5.7% 5.1% 5.8% 5.8% 6.2% 6.3% 5.5% 4.8% 4.8% 5.0%
ANNUAL UNEMPLOYMENT RATE (10 YEARS)
10.0%
9.0%
8.0%
7.0%
6.0%
5.0%
4.0%
3.0%
Source U.S.Bureau of Labor Statistics www,bl5 gov
2B%
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
------Nation 7.4% 6.2% 53% 4.9% 4.4% 3.9% 3.7% 8.1% S.3% 3.6%
-Region 7.0% 6.0% 5.3% 4.9% 4.3% 3.8% 3.5% 7.3% 4.8% 3.4%
-State 6.3% 5.2% 4.5% 4.6% 4.3% 3.9% 3.5% 7.7% 5.6% 3.9%
-Area 6.1% 5.0% 4.6% 5.3% 5.1% 4.4% 3.8% 8.7% 6.3% 4.2%
-County 7.4% 5.8% 5.4% 6.1% 6.6% 5.4% 4.5% 9.4% 8.1% 5.3%
Employment
The following chart shows the trailing 10 years employment for the state of Texas, Houston-The Woodlands-
Sugar Land, TX MSA, and Chambers County.
REGIONALSTATE & •
YEAR STATE %CHG. AREA %CHG. COUNTY %CHG.
2013 12,022,272 1.9% 2,983,316 2.8% 16,161 2.6%
2014 12,333,076 2.5% 3,072,718 2.9% 16,779 3.7%
2015 12,503,464 1.4% 3,107,962 1.1% 16,858 0.5%
2016 12,728,898 1.8% 3,125,997 0.6% 17,110 1.5%
2017 12,888,025 1.2% 3,142,202 0.5% 17,554 2.5%
2018 13,178,793 2.2% 3,209,947 2.1% 18,092 3.0%
2019 13,429,073 1.9% 3,269,259 1.8% 18,854 4.0%
2020 12,883,803 (4.2%) 3,109,509 (5.1%) 18,424 (2.3%)
2021 13,503,671 4.6% 3,224,425 3.6% 19,080 3A%
2022 14,092,833 4.2% 3,361,919 4.1% 19,906 4.1%
CAGR 1.8% - 1.3% - 2.3% -
Source:U.S.Bureau of Labor Statistics www.bis.gov
FM 565-P00076351.001 -CRE-2023-0636 2-2
Neighborhood Analysis
Introduction
The subject property is located in Baytown, which is east of Houston. Baytown, Texas is located in Harris and
Chambers counties in southeastern Texas. The geographical boundaries of Baytown are roughly defined as
follows:
- Northern boundary: Interstate 10
- Eastern boundary: Trinity Bay
- Southern boundary: Harris County/Chambers County line
- Western boundary: San Jacinto River
These boundaries may vary slightly depending on the specific neighborhood or district within Baytown.
The entire project is within Chambers County, but near the Harris County line. The Texas Almanac Chambers
County map is as follows.
LIBERTY_
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Chambers County 0 Texas Almanac
Anahuc is the county seat of Chambers County, reflected in the map above to the east of Baytown.
FM 565-P00076351.001 -CRE-2023-0636 2-3
;r
Neighborhood Analysis (Continued)
Demographics
The following information reflects the demographics for the subject's area within a 1, 3, and 5-mile radius of
the project area.
LOCAL AREA DEMOGRAPHICS
DESCRIPTION 1-Mile 3-Mile 5-Mile
Population 1,305 20,375 58,850
Households 383 6,654 19,977
Owner Occupied 88.8% 90.0% 74.1%
Renter Occupied 11.2% 10.0% 25.9%
Median Home Value $228,448 $252,609 $250,858
Avg. Household Income $86,965 $119,547 $99,291
Med. Household Income $90,190 $98,264 $79,076
Source: Costar, Inc.
Access and Linkages
Major thoroughfares connecting the subject's immediate area include IH-10, Grand Parkway (SH-99), and
Spur 330. Major arterials include Main Street, Sjolander/Crosby Cedar Bayou, SH-146, Vicksburg, and Cedar
Bayou Lynchberg. The City of Baytown Thoroughfare Plan is identified below denoting the subject project
area.
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' Thoroughfare Plan
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Public Services
Two school districts generally serve the immediate area of the project, which include Goose Creek
Consolidated ISD and Barbers Hill ISD. Portions of the project exist in each of the aforementioned school
districts. Police and fire protection are provided by the City of Baytown. Primary modes of transportation are
the automobile.
FM 565-P00076351.001 -CRE-2023-0636 2-4
Neighborhood Analysis (Continued)
Major Employers
The following graphic identifies some of the major employers within the immediate market area.
Ma or Area Employers
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Baytown, Texas is home to a variety of major employers across several sectors. The city's strong economy
and strategic location near the Houston Ship Channel and Port of Houston provide ample opportunities for
employment. The above list represents some of the major employers in Baytown, Texas. However, it is worth
noting that the city also has a diverse mix of small businesses, service industries, and local employers that
contribute to the local economy and job market.
FM 565-P00076351.001 -CRE-2023-0636 E 2-5
Neighborhood Analysis (Continued)
Demand Generators/Economic Development
• T-36 Golf Course — Baytown residents have consistently asked for more amenities, one of which has
ranked highest on the list has been a golf course. The concept of the T-36 golf course is planned to
be a focal point to enhance the new Hyatt Regency Hotel and Convention Center. This will be a
municipal backed golf course development. The development of the golf course has since occurred,
and the course is operated by Troon.
• Highway 146 at IH-10— KM Realty is working on developing Chambers Commons, which is a
mixed-use development at this intersection combining multifamily and retail uses.
KMREALTY CHAMBERS COMMONS I AERIAL
ithist
% G FDIC SHE
• The Hyatt Regency Baytown — Houston and Convention Center— is
a representation of the area's industrial and business growth creating business
demand for lodging and meeting space.
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Industrial Developments
Cedar Port Industrial Park
The Cedar Port Industrial Park, located in Baytown, Texas, is an expansive industrial complex known as the
largest master-planned rail and barge served industrial park in the United States. Situated along the
Houston Ship Channel, this vibrant park spans over 15,000 acres at the intersection of Interstate 10 and
Grand Parkway, making it a prime location for industries seeking convenient and efficient access to global
markets.
Designed for heavy industrial use, the Cedar Port Industrial Park offers a multitude of amenities and
infrastructure to support a wide range of businesses. One of its key features is its multimodal transportation
capabilities, with direct access to major highways, two Class I railroads (Union Pacific and BNSF), and deep-
water port facilities. This strategic location positions the park as a critical hub for logistics and distribution,
enabling companies to easily move raw materials, goods, and products between rail, barge, truck, and ship.
FM 565-P00076351.001 -CRE-2023-0636 2-6
Neighborhood Analysis (Continued)
The park's infrastructure also includes extensive rail yards, storage tracks, and a leading-edge intermodal
facility operated by Union Pacific. These facilities provide seamless connections for companies seeking
efficient and cost-effective transportation solutions. Moreover, the Cedar Port Industrial Park offers ample
laydown and storage areas, as well as flexible development options suitable to accommodate a variety of
industrial needs.
The park has attracted numerous industries, making it an important economic driver for Baytown and the
wider Houston metropolitan area. It is home to companies from diverse sectors, including petrochemicals,
plastics, logistics, manufacturing, distribution, and construction materials. The presence of major
corporations, such as ExxonMobil, Chevron Phillips Chemical Company, and Walmart, further reinforces the
park's standing as a hub for global trade and commerce.
CEDAR PORTTM
INDUSTRIAL PARK
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Covestro Industrial Park
Covestro Industrial Park in Baytown, Texas is a major petrochemical manufacturing complex that is operated
by Covestro, a leading global producer of high-performance polymers. Spread across an expansive 1,270-
acre area, the industrial park plays a crucial role in the economic development of the region and serves as a
center for innovation in materials and chemical production.
Located approximately 30 miles east of downtown Houston, the Covestro Industrial Park is strategically
situated near the bustling Port of Houston, enabling convenient access to shipping routes and global
markets. This advantageous location facilitates the seamless transportation of raw materials and finished
products, enhancing Covestro's competitiveness in the industry.
The industrial park in Baytown houses numerous production units dedicated to the manufacturing of
various polymers, including polycarbonate, polyurethane, and raw materials used in coatings, adhesives, and
sealants. These materials find extensive application in a wide range of industries, such as automotive,
construction, electronics, and healthcare.
FM 565-P00076351.001 -CRE-2023-0636 2-7
Neighborhood Analysis (Continued)
The facilities within the Covestro Industrial Park are designed to maximize efficiency and sustainability,
reflecting the company's commitment to environmental stewardship. Advanced technologies and processes
are employed to minimize waste generation, conserve energy, and reduce emissions. Covestro has made
significant investments in research and development to ensure continuous improvement in the production
processes, and the industrial park serves as a hub for innovation in the field of polymers.
Furthermore, the industrial park acts as a source of employment for a significant number of people in the
Baytown area. With over 1,100 employees working onsite, Covestro generates jobs that support the local
economy, spurring growth and providing opportunities for community members.
Ameriport Industrial Park *AmenPort
INDUSTRIAL PARK
The Ameriport Industrial Park, located in Baytown, Texas, is a
significant hub for industrial activity, offering a strategic j
location for businesses in various sectors. Spanning over 1,000
acres, the Ameriport Industrial Park is strategically located
near the Houston Ship Channel and a major transportation _' j
network, making it one of the most sought-after sites in the
Gulf Coast region. ti
1
The park offers a host of advantages that attract businesses
looking to establish or expand their operations. Proximity to 1, p
the Houston Ship Channel means that companies can easily
access waterborne transportation routes for import and export
purposes. Additionally, the park's access to Interstate Highway
10 and State Highway 146 allows for seamless connectivity to
..
i
major marketplaces and metropolitan areas, enabling efficient
distribution channels.
The Ameriport Industrial Park offers various infrastructure facilities and services tailored to accommodate
diverse industrial needs. It boasts an extensive rail service network, with on-site connections to three Class 1
rail lines - Union Pacific, Burlington Northern Santa Fe, and Kansas City Southern. This not only facilitates
cost-effective transportation of goods but also enhances supply chain efficiency for businesses.
Mont Belvieu
Mont Belvieu is a city located in Chambers County, Texas, United States. It is situated approximately 30 miles
east of Houston and is known for its strategic location near major highways and industrial centers. It resides
north of IH-10 and adjacent to Baytown.
The city's economy heavily relies on the petrochemical industry, with several oil and gas refineries located
nearby. Mont Belvieu is famous for hosting the largest natural gas liquids hub in the United States, known as
the Mont Belvieu NGL Market Center. This hub plays a crucial role in the distribution and processing of
natural gas liquids, making it a significant contributor to the national energy sector.
FM 565-P00076351.001 -CRE-2023-0636 2-8
Neighborhood Analysis (Continued)
Land Uses
The following tables and maps highlight the development in and around the subject.
TOTAL • ' • RADIUS
146 56
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VILLAGE 565
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ROLLINGBROOK 146
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The subject project area is generally situated amongst multiple large scale industrial developments,
including Covestro, Ameriport, and Cedar Port. The area has proximity to the Gulf and Barbours Cut and
Bayport Container Terminals. Intermodal transportation between sea, automobile, and rail is all present
along with significant infrastructure for a wide range of industrial operation (light and heavy).
COMMERCIAL LAND USL
Multi-Family Office Retail
Industrial
FM 565-P00076351.001 -CRE-2023-0636 2-9
Neighborhood Analysis (Continued)
Market Conditions
Introduction
The last few years have promoted a tumultuous era of uncertainty, but yet substantial real estate market
growth from a local perspective and later high inflationary effects. The beginning of the period started with
the Coronavirus (Covid-19) that was initially identified in China in late December 2019, but no cases were
discovered until between late January 2020 and February 2020 in the United States and actual notice to
citizens wasn't necessarily widespread until March of 2020.
The initial few months post March 2020 caused nationwide panic and slowed economic production across
the nation. These effects were truly witnessed for only a few months up through June of 2020. However,
after this point in time there was a noticeable uptick in local real estate activities. Initially the higher elevated
asset at the time was residential, which later floated into land (especially that which had a highest and best
use of residential), and then the trickle of new "rooftops" encouraged more commercial activity. Initial
commercial activity appeared relegated to industrial and multifamily. However, absolute net, end-user retail,
and smaller neighborhood retail developments soon followed. Once employers returned back to their
offices, there was increased absorption and rental rates in office asset classes. The most lagging commercial
real estate assets that were hit hardest by the Covid-19 impact were hospitality (hotels and motels) and
larger retail operations. However, even those started to climb at the end of 2021 through 2022.
Rise in Inflation
The Consumer price Index (CPI) is a measure of the average change over time in the prices paid by urban
consumers for a market basket of consumer goods and services. It is tracked by the U.S. Bureau of Labor
Statistics and used as a measure of inflation.
On the following page is the CPI tracked over the Houston-The Woodlands-Sugar Land, TX MSA only for a
twenty-year time period up through December 2023. The grey line near the beginning mid-2020 represents
the short recessionary trend caused by Covid-19.
As the reader can see from the graph the local Metro inflation has increased substantially since the
representative end of the recession caused by Covid-19. It has increased from a level of 4.5% in April of
2021 to as high as 10.2% in June 2022. We have now declined back to 4.5% as of December 2023.
FM 565-P00076351.001 -CRE-2023-0636 E 2-10
Neighborhood Analysis (Continued)
12-month percentage change, Consumer Price Index, metropolitan areas, all items, not
seasonally adjusted
—Atlanta-SandySprings-Roswell,GA ---- Baltimore-Columbia-Towson,MD
......••• Boston-Cambridge-Newton,MA-NH ...... Chicago-Naperville-Elgin,IL-IN-WI
- - Dallas-Fort Worth-Arlington,TX .^^.. Denver-Aurora-Lakewood,CO
--- Detroit-Warren-Dearborn,MI —— Houston-The Woodlands-Sugar Land,TX
-•- Los Angeles-Long Beach-Anaheim,CA — Miami-Fort Lauderdale-West Palm Beach,FL
— Minneapolis-St.Paul-Bloomington,MN-WI New York-N ewa rk-Jersey City,NY-NJ-PA
---- Philadelphia-Camden-Wilmington,PA-NJ-DE-... •••••• Phoenix-Mesa-Scottsdale,AZ
--- Riverside-San Bernardino-Ontario,CA - - San Diego-Carlsbad,CA
San Francisco-Oakland-Hayward,CA --- Seattle-Tacoma-Bellevue,WA
—— St.Louis,MO-IL - - Tampa-St.Petersburg-Clearwater,FL
— Urban Alaska — Urban Hawaii
— Washington-Arlington-Alexandria,DC-VA-MD...
Percent
15.0 __...__...__..._.- .......................................................................................................................
10.0 ..............................................................................................------- - X
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t
5.0 1 ........................................................................... ....... ../ 1
1 r �
0.0
-5.0
Dec 2003 Dec 2005 Dec 2007 Dec 2009 Dec 2011 Dec 2013 Dec 2015 Dec 2017 Dec 2019 Dec 2021 Dec 2023
1
u
This also tends to coincide with the increase in values witnessed by the aforementioned real estate asset
groups and further confirms not only rising real estate costs during this time period, but also rising
consumer good costs during this time period.
Rise in Interest Rates
On the contrary to rising values and costs were interest rates during this time period. Post Covid-19 and
during 2021 interest rates remained relatively flat and low. However, during 2022 interest rates have started
to rise in an effort to correspond to inflation. As of October 2023, the nationwide average interest rate on a
30-year fixed rate mortgage is about 7.88% which is slightly more than double what it was during 2021.
FM 565-P00076351.001 -CRE-2023-0636 2-11
Neighborhood Analysis (Continued)
The graph below is identified from the Freddie Mac Primary Mortgage Survey (PMMS) and shows the
interest rate from December 2021 up through January 2024.
Weekly Average Mortgage Rates Week ending January 4,2024
30-Year Fixed Rate 15-Year Fixed Rate
6.62% 10.20 romaaea�90 5.89% :o:21%f mhy ago
4 W k Avenge',6.717, 4 Wk Average'.6.P9%
52 Wk Average:6.80% 52 Wk Average:6.11%
4L2G22 _2,'S_i_ia
bus i ai ..02.
IPMMSPYI Guwlgnt2�®FaJtlle
As identified in the chart above, the interest rate has climbed dramatically during the course of late 2022
and into 2023. However, it has had some leveling so far this year with an observation rate of 6.62% for a 30-
year mortgage as of January 4, 2024.
Conclusion
The appraisers are aware of the rise in values that have transpired over the last few years but are also
identifying that a slowdown in real estate activities at a local level due to the rising cost of borrowing money
is plausible. While a lower amount of activity has been witnessed, the appraisers have not notated any
decline in values.
The appraisers applied higher market condition adjustments during the course of 2021 ranging from 6% to
12%, while lowering theirjudgement down into late 2022. We have identified a more conservative market
appreciation adjustment in this report based on a variety of sources as identified in the table below.
MARKET • • DERIVATION
Source Delta
Consumer Price Index December 2023 All Items Index 3.40%
Turner Construction Cost Index 3rd Qtr.2023(2022 3rd Qtr.Vs.2023 3rd Qtr.) 3.64%
TAMU Real Estate Center Rural Land Prices Gulf Coast-Brazos Bottom Q3 2023 1.14%
TAMU Real Estate Center Rural Land Prices Houston LMA 28 YE 2022 4.97%
TAR Marketviewer Chambers County Median Housing Price YE 2023 (0.70%)
Costar Retail Analytics Chambers County/Baytown Submarket Rent Change YOY 3.50%
Costar Industrial Analytics East-SE Far Submarket Rent Change YOY 5.90%
The average of the dataset above is 3.12%, while the median is 3.50%. This is reiterated again in the
valuation section, but we ultimately reconcile to a 3% per annum adjustment in this report. We do point out
that as of the date of drafting this market conditions analysis no direct evidence was made clear that the
subject would be negatively impacted with regard to marketability and/or value decline due to economic
concerns transpiring.
Market Analysis Conclusion
The area is in the growth stage of its life cycle. Given the history of the area and the growth trends, it is
anticipated that property values will remain stable and/or increase in the near future.
FM 565-P00076351.001 -CRE-2023-0636 2-12
Site Description Before the Acquisition
The following summarizes the salient characteristics of the subject site:
Address Southeast Side of FM-565, Baytown, Texas.
Location The subject property, located on the Southeast Side of FM-565, Baytown, TX, is
a lift station located in the East-Southeast Far submarket of the Houston MSA.
Given the subject's small size, the potential for development appears severely restricted. Thus, for valuation
purposes, a "Comparison Tract" is needed. Tracts identified as "Comparison Tracts" are typically located
adjacent to the subject property. The subject abuts property that could be assembled and developed
independently as a "Comparison Tract". The "Comparison Tract" land size is estimated at 488,274 square
feet or 11.2092 acres. As combined with the subject property the total land area is 499,521 square feet
or 11.4674 acres.
The subject property and the "Comparison Tract" will be further described and analyzed throughout the
analyses and valuation of this report.
Census Tract 48-071-710201
Number of Parcels 1
Assessor Parcel 54897
Land Area Square Feet Acres
Total Land Area 11,247 0.2582
Corner No
Site Topography Level At street grade
Site Shape Generally Rectangular
Site Grade At street grade
Site Quality Average
Site Access Average
Site Exposure Average
Site Utility Average
Utilities All Available
Water Baytown Area Water Authority (CCN 10872)
Sewer Gulf Coast Authority (CCN 20465)
Electricity Various Providers
A survey indicating the size of the whole property, partial acquisition, and remainder was provided by the
client.
Adjacent Properties
North Vacant Land
South Vacant Land
East Industrial
West Industrial
FM 565-P00076351.001 -CRE-2023-0636 2-13
Site Description (Continued)
Accessibility Access to the subject site is considered average overall.
STREET&TRAFFIC DETAIL
a,
ru
� J W
(6 v1 Cn L f6
C �
Street Improvements Type Direction Lanes N'
FM-565 Major arterial Two-Way Two
Frontage
FM-565 Approximately 103.15 frontage feet with one access point according to the TxDOT Survey.
Traffic Counts Location Date Source Count
FM-565 FM-565 between FM-1405
2022 TxDQT-2022 9,518
and SH-99
TOTAL 9,518
Exposure &Visibility Exposure of the subject is average considering its location along a minor
arterial.
Flood Plain Zone AE. This is referenced by Panel Number 48071 C0170E, dated May 4,
2015. Zone AE is a High Risk Special Flood Hazard Area (SFHA). Special Flood
Hazard Areas represent the area subject to inundation by 1% annual chance
flood. Structures located within the SFHA have a 26% chance of flooding
during the life of a standard 30-year mortgage. Federal floodplain
management regulations and mandatory flood insurance purchase
requirements apply in these zones. Areas subject to inundation by the 1%
annual chance flood event determined by detailed methods. BFEs are shown
within these zones. (Zone AE is used on new and revised maps in place of
Zones Al—A30.) Note that all of the subject property is within the 100-
year floodplain. It is noted that the 100-year floodplain encumbrance can
still be developed. The off-site drainage in Saw Pit Gully to the rear of the
subject tract leading to offsite retention in the Ameriport Industrial Park
helps alleviate the threat of not being able to develop the subject. Any
building pad would likely just need to be raised above base flood
elevations.
Easements Based on the title commitment from Fidelity National Title Insurance
Company, dated November 1, 2023, the following page is the Schedule B
exceptions from the title commitment.
10. The following matters and all terns ofthe documents creating or offering evidence of the matters(We nnrst insert matters
or delete this exception.):
a. Rights of parties in possession. (Owner's Policy Only)
N The following exception will appear in any policy issued(other than the T-1R Residential owner Policy of
Title Insurance and the T-IR Short-Form Residential Mortgagee Policy)if the Company is not provided a
survey of the Land,acceptable to the Company,for redew at or prior to closing:
Any encroachment,encumbrance,-violation,variation,or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land.
(NOTE:UPON RECEIPT OF A ST-RVEY ACCEPTABLE TO COMPANY,THIS EXCEPTION V17.L
BE DELETED.COMPANY RESERVES THE RIGHT TO ADD ADDITIOtiAL EXCEPTIONS PER
ITS EXAMS ATION OF SAID SURVEY).
FM 565 P00076351.001 CRE-2023-0636 >� 2-14
Site Description (Continued)
c. H any portion of the proposed Mao andlor the Owner's Title Policy coverage amount includes funds for
immediately contemplated improvements,the following exceptions will appear in Schedule B of any policy
issued as indicated:
Owner and Loan Policy(ies):Any and all liens arising by reason of unpaid hills or claims for work
performed or materials furnished in connection with improvements placed,or to be placed,upon the
subject land. However,the Company does insure the insured against loss,if any,sustained by the
Insured under this policy if such liens have been filed with the County Clerk of Chambers,Texas,prior
to the date hereof.
Owner Pnlicy(fes)Only: Liability hereunder at the date hereof is limited to$0.00.Liability shall
increase as contemplated improvements are made,so that any lass payable hereunder shall be limited to
said sum plus the amount actually expended by the insured improvements at the time the loss occurs.
Any expenditures made for improvements,subsequent to the date of this policy,will be deemed made as
of the date of Ibis policy. In no event shail the liability of The Company hereunder exceed the fact amount
of this policy. Nothing contained in this paragraph shall he construed as limiting any exception or any
printed provision of this policy.
Loan Policy(ies)OW: Pending disbursement of the full proceeds of the Mao secured by the lien
instrument set farlh under Schedule A hereof,this policy insures only to the extent of the amount actually
disbursed,but increase as each disbursement is made in good faith and without knowledge Of any defect
in,or objections to,the title up to the face amount of the policy.Nothing contained in this paragraph
shall be construed as limiting any exception under Schedule B,or any printed provision of this policy.
d. Any easements not disclosed by the public records as to matters affecting title 10 real property,whether or nut
said easements are visible and apparent.
e. Rights of tenants,as tenants only,under unrecorded lease agreements.
L Terms,conditions,and provisions contained in Utility Easement,filed for record June 7,2016,under
Chambers County Clerk's File No.2016113044.
g. Terms,conditions and provisions contained in that certain Permitted Facilities Agreement by and between
ARCO Midcou LLC,a Delaware limited liability company and AmeriPort,L.L.C_,dated June 4,2010 filed
for record under Chambers County Clerk's File No.55875,in Volume(ID)1199,Page 536(2010055875)and
County Clerk's File Nu.55881,in Volume(10)1199,Page 558(2010055881).
it. Interest in and to all coal,lignite,Oil,gas and other minerals,and all rights incident thereto,contained in
instrument dated June 1,1936,recorded in Volume 53,Page 357 of the Deed Records of Chambers County,
Texas. Reference to which instrument is here made for particulars. No further search of title has been made
as to the interest(s)evidenced by this instrument,and the Company makes no representation as to the
ownership or holder of such interest(s).
i. Interest in and to all coal,lignite,Oil,gas and other minerals,and all rights incident thereto,contained in
instrument dated August 12,1936,recorded in Volume 54,Page I78 of the Deed Records of Chambers
County,Texas.Reference to which instrument is here made for particulars. No further search of title has
been made as to the interest(s)evidenced by this instrument,and the Company makes no representation as to
the ownership Or holder of such interest(s).
j. Interest in and to all coal,lignite,Oil,gas and other minerals,and all rights incident thereto,contained in
Mstrument dated January 11,1937,recorded in Volume 56,Page I56 of the Deed Records of Chambers
County,Texas.Reference t0 which instrument is here made for particulars. No further search of title has
been made as to the interest(s)evidenced by this instrument,and the Company makes no represenlatian as to
the ownership or holder of such interest(s).
k. Interest in and to all coal,lignite,Oil,gas and other minerals,and all rights incident thereto,contained in
instrument dated February 20,1937,recorded in Volume 57.Page 284 of the Deed Records of Chambers
County,Texas.Reference to which instrument is here made for particulars. No further search of title has
been made as to the interest(s)evidenced by this instrument,and the Company makes no representation as to
the ownership or holder of such interest(s).
1. Interest in and to all coal,lignite,Oil,gas and other minerals,and all rights incident thereto,contained in
instrument dated January 5,1949,recorded in Volume 112,Page 318 of the Deed Records of Chambers
County,Texas.Reference to which instrument is here made for particulars. No further search of title has
been made as to the interest(s)evidenced by this instrument,and the Company makes no representation as to
the ownership or holder of such interest(s).(out of the R.A.Porter Survey,A-205)
an. Interest in and to all coal,lignite,Oil,gas and other minerals,and all rights incident thereto,contained in
instrument dated March 23,1955,recorded in Volume 165,Page 383 of the Deed Records of Chambers
County,Texas.Reference to which instrument is here made for particulars. No further search of title has
been made as to the interest(s)evidenced by this instrument,and the Company makes no representation as to
the ownership or holder of such interest(s).(out of the George L.Short Survey,A-228).
a. All leases,grants,exceptions or reservations Of coal,lignite,on,gas and other minerals,together with all
rights,privileges,and immunities relating thereto,appearing in the Public Records whether listed in Schedule
B or not. There may be leases,grants,exceptions or reservations of mineral interest that are not listed.
FM 565 P00076351.001 CRE-2023-0636 2-15
a�
Site Description (Continued)
o. Lease interest in and to all coal,lignite,oil,gas and other minerals,and all rights incident thereto,contained
in instruments recorded in Volume 186,Pages 363 and 365,Volume 187,Page 639,Volume 193,Page 394,
Volume 490,Pages 683,687,691 and 699,Volume 491,Page 1,Volume 534,Pages 263,266,269,629,632,
635,638,641,644 and 647,Volume 536,Pages 79,90,93,96,99,138,489,492,495 and 499,Volume 537,
Pages 39,442 616,619 and 661 Volume 538,Pages 315 and 345 Volume 540.Page 109,Volume 542,Page
567,Volume 543,Page 634,Volume 550,Page 242,Volume 551,Page 67,all of the Deed Records of
Chambers Counts,Texas,and in Volume 88 60,Pages 257,260,263,166,269,272,275,278,281,and 284,
Volume 89 73,Page 249,Volume 89 81,Page I M,Volume 89 92,Pages 255,397,40_5 and 568,Volume 89
84,Page 519,Volume 89 85,Page 99,Volume 89 90,Page 456,Volume 89 91,Pages 245,247,249,251,253,
25,5 25 r7 2�9 261,2263 265 2�7 26 r9 271,2273 275 277 2�9 281,283 and 285 Volume 89 98.Pages 540 and
546,Volume 90 101,Page 536,Volume 90 106,Page 679,Volume 91 146,Page 539,Volume 91 1.53,pages
566,568,570,572 and 574,Volume 91 158,Page 131,Volume 91 162,Page 307 and Volume 92 178,Page 593
,all of the OHicial Public Records of Chambers County,Texas,any ratifications or renewals thereof,any oil
or gas units designated under the terms thereof,and/or the rights of all parties thereto and thereunder,
including but not limited to those leases recorded in.Titles to said leases have not been investigated
subsequent to the dates thereof.
p. Terms,conditions and provisions contained in surface application on-site wastewater treatment system,as
disclosed by Affidavit to the Public,dated May 19,2010 filed for record under Chambers County Clerk's File
No.55637 in Volume(10)1197,page 495(2010055637);Clerk's File No.54756,in Volume(10)1192,page
177(2010054756);Clerk's File No 53708,in Volume(10)1185,page 237(2010053708)and restated and
amended under Clerk's File No.2011 70382,in Volume 1302,page 480(2 011 0 703 81);and County Clerk's
File So.537(19,in Volume(10)1185,page 239(2010053709).
q. Annual Maintenance Charge and Charge for Special Assessments,secured by a vendor's Gen and superior
title in favor of Ameriport Owner's Association,Inc.,as set forth in restrictions recorded in Volume(08)
1083.Page 621(1008040657)of the Official Public Records of Chambers Counts,Texas.Said Gen
subordinate to any mortgage to secure purchase money and/or construction liens.
r. AN leases,grants,exceptions or reservations of coal,lignite,oil,gas and other minerals,together with an
rights,privileges,and immunities relating thereto,appearing in the Public Records whether listed in Schedule
B or not. There may be leases,grants,exceptions or reservations of mineral interest that are not listed.
s. Ali leases,grants,exceptions or reservations of the geothermal energy and associated resources below the
surface of the Land,together with all rights,privileges,and immunities relating thereto,appearing in the
Public Records whether listed in Schedule B or not.There may be leases,grants,exceptions or reservations of
the geothermal energy and associated resources below the surface of the Land that are not listed.
t. Covenants,conditions,restrictions,easements,assessments and liens created by instrument(s)recorded
in/under Volume(08)1083,Page 621,Real Property Records,Chambers Counts,Texas.
The above document contains the following language with respect to the subordination of assessments
and hens contained therein to other liens encumbering subject property:
"The liens described in this Article and the superior title herein reserved shall be deemed subordinate to
any Mortgage to secure the repayment of a loan made to an Owner for the purpose of acquiring a Parcel
and/or constructing improvements thereon, and any renewal, extension, rearrangements, or
refinancing thereof..."
Note 1: If document does not include subordination information,a subordination must be acquired or
Paragraph 2 of the T-17 Endorsement and Paragraphs 3a and 3e of the T-19 Endorsement will be
deleted.
Note 2: If the lien to be insured is other than stated above as subordinate to assessments,a subordination
must be acquired or Paragraph 2 of the T-17 Endorsement and Paragraphs 3a and 3e of the T-19
Endorsement will be deleted.
This appraisal assumes that there are no other adverse easements present. If
questions arise, further research is advised.
Soils A detailed soils analysis was not available for review. Based on the
development of the subject, it appears the soils are stable and suitable for the
existing improvements.
Hazardous Waste We have not conducted an independent investigation to determine the
presence or absence of toxins on the subject property. If questions arise, the
reader is strongly cautioned to seek qualified professional assistance in this
matter. Please see the Assumptions and Limiting Conditions for a full
disclaimer.
Zoning The subject property is unincorporated and therefore has no municipal zoning,
but it is situated in the Extraterritorial Jurisdiction (ETJ) of the City of Baytown,
which means it is slated for future annexation. Albeit it is not incorporated at
this time and therefore not subject to municipal zoning ordinance.
FM 565-P00076351.001 -CRE-2023-0636 2-16
Site Description (Continued)
Ameriport Industrial
Park CC&Rs The subject property is part of the Ameriport Industrial Park and subject to
Covenants, Conditions, and Restrictions (CC&Rs) associated with this
development. Thus, while the subject is not subject to municipal zoning
requirements, it is subject to these deed restrictions. Uses are dictated by two
zones; however, the zone map is not legible in the recorded CC&Rs. Thus, the
subject could be situated in either zone.
2.2 Development Zones. Declarant,in its discretion,but subject to Applicable Law,
has designated portions of the Property as located within one of the following two zones:
(a) Zone A: Industrial&Flex
(b) Zone B: Manufacturing
2.4 Zone Uses.
(a) Zone A (Industrial & Flex) shall be devoted to office, warehousing,
laboratories, and assembly industries. The tertn Flex shall mean alternative uses of an industrial
facility such as service center, research and development uses, light manufacturing, lab, tech
and/or showroom uses.
(b) Zone B (Manufacturing) shall be devoted to heavy industrial facilities or
manufacturing,as well as any uses permitted in Zone A.
Both of the two zones are centered around industrial use, they differ in
essentially heavy and or lighter type uses.
Additionally, the CC&Rs permit relating convenience uses as follows:
(c) All Zones shalt permit limited retail and commercial uses. such as
restaurants,convenience stores,medical offices and other services required by those working on
the Property and their business invitees.
(d) All Zones shall permit railroad use as cstahlished from time to time by the
Declarant or with the consent of the ARC.
Additional development requirements are identified within the CC&R's that
are not denoted here as the subject is vacant land. However, any new
development would be required to adhere to these deed restrictions with
regard to development requirements.
Site Rating Overall, the subject site is considered average as a land site in terms of its
location, exposure and access to employment, education and shopping
centers, based on its location along a major arterial.
Site Conclusion In conclusion, the site's physical characteristics appear to be supportive of the
subject's current use and there were no significant detriments discovered that
would inhibit development in accordance with its highest and best use.
FM 565-P00076351.001 -CRE-2023-0636 E 2-17
TxDot Client Survey
EXHIBIT " A '' PAGE 6 OF 6
R. A. PORTER SURVEY
ABSTRACT NO. 205
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
EXISTING R.B.W.
STATE OF TEXAS
F y VOLUME 0. 1R4 PAGE 441
LL-J. U.P.R.�.C.r.
PROPOSED CALLED PART BO ACRES
(R.O.W. WIDTH VARIES)
CENTERLINE FILED: 44RCH 2, 1990
737+0D 735+OD 20' UTILITY EASEMENT
TO CITY OF BAYTOWN
INSTRUMENT NO. 00113044
0•P•R•C.C.T.
P00076351.001 CALLED 1.Z418 ACRES
FILED: JUNE 7, 2016
FOUND 5,18" IRON ROO
FOUND 5/B" MITH CAP STAMPED
IRON ROO BEARS "WINRRBSE" BEARS
EXISTING R.U.W. N 42'47'21" W 0.49' L 3 N 42'39'59" W 0.27'
--------------- ----
CV -----s_— --
—a_------ N=13,855,807.68~— — _--
L5---- E=3,271,693.51
P.O. B. PARCEL - _ STA. 734.57.3D rrr
P00076351 . 001 60.00' LT. -,--, — rr
PROPOSED R.O.W. �:�`—
N-13,855.733.52
rr
E-3.271.022.73 OWNER". 30' MAGNOLIA PIPE r
STA. 735*99.95 THE CITY OF LINE COMPANY EASEMENT , F r
60.00' LT. VOLUME 178, PAGE 29 r
BAYTOWN, TEXAS 0•R.C•C•T• rrrr
J VOLUME 1580, PAGE 106 FILED: DULY 5, 1956 rrrr
PORTION OF BLOCK I AND r r
RESTRICTED RESERVE "C" 0.P. R.C. C_T. VOLUME Z41, PAGE 505 r r r
AMERIPORT SECTION 9 CALLED 0.2582 ACRES D.R.C.C.T. rrr
MINOR PLAT FILED: JULY 1 , 2015 FILED: SEPTEMBER 21, 1962 rrrr
INSTRUMENT NO. 2019-138650 r r r
P.R.C.C.T. r rrrr rr
CALLED 29.9086 ACRES
FILED: JANUARY 2, 2014 C1 FOUND 5/6" IRON rrrrr rr r�
OImER: rr ROD WITH CAP rr r rrr rr
AMERIPORT BUILDING 13, LLC r 1DESTROYEO Irfrrr rr rrf i
INSTRUMEN7 NO. 2021-m4096 P.O.C. PARCEL rrrr r� rr r
oD 10. .C.T. P00076351.001 rrr' rf,rr �`
CALLED 10.951 ACRES r• r {
FILED: FEBRUARY 10, 2021 FOUND 5/6" IRON rrrr rrrrrr
R06 WITH CAP rrrr rr r 7
STAMPED "wINDROSE' r r rrrr rr 1
UNITED GAS PIPE rr rrrr rrr rr !
LINE COMPANY EASEMENT r r
VOLUME 308, PAGE 465 rr rrrrr` rrrr 7r
D.R.C.C.T. r r r
FILED: nUGUST 11, 1969 rrrr rr rr BLOCK 1 f
r r r r r r RESTRICTED RESERVE 116' !
rrr rrrr rrr rr AMERIPORT 5ECTION 9 f1
r r r l r r MINOR PLAT
rr rrrr rr rr INSTRUMENT NO. Z019-138650 }
r rrr r r✓ r P.R.C.C.T. {
rr rrr rrr�rrr CALLED 10.'9587 ACRES /
LINE TABLE FILED. JANUARY 2, 2019 '
rrrr
LINE BEARING DISTANCE rrrr rf� rr
r r�
L1 N 44'03'57" W 87.69'
12 N 44'03'57" IN 20.02'
1-3 N 43'35'07" E 103.15'
L4 5 4Z'39'59" E 20.04' GRAPHIC SCALE
1-5 5 43-35'O7" IN 109.66
50' 0 25' 50'
CURVE TABLE
CURVE I RADIUS I DELTA ANGLE I CHORD BEARING CHORD LENGTH ARC LENGTH 1 = 50'
C1 3,410.0D' 01'A1'07"iLT. N 4651-07" E 1 100.30" 1 100.30' *IDENOTES A CALCULATED AREA 07/21/2023
2D23 PARCEL PLAT SHOWING NUMBER PARCEL P00076351 . 001
PARCEL P00076351 . 001
ACRES SQUARE FEET
Texas FEDERAL AID MJECT N0. SIATE DISTRICT NO.ACQUISITION 0.0412 2,058
Department N/A Fh+l �J �J 20
SCALE FILE R.0.IN.-C.5.J110. COUNTY PARENT AREA 0.2582 *11,247
-fTransportatron 1 = 50' 102401083200076351.091-PG06 1024-01-083 CHAMBERS REMAINDER AREA LT. 00.2110 *9,189
FM 565-P00076351.001 -CRE-2023-0636 2-18
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FM 565-P00076351.001 -CRE-2023-0636 �� 2-19
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ces deemed to be reliahle.
P: (817)550-6666 www.CultivateRE.Net 110 S.Walnut Street • Swnaid servicesmakeacc ra rannesprguarantee
as to the completeness or accuracy thereof.
FM 565-P00076351.001 -CRE-2023-0636 �' 2-21
Site Plan Map
* r Porgy
INDUSTRIAL PART[ cDlliers.comlhouston 0vIEW ONLINE
-
" ■ ■ - ■ PARK FEATURES
•835 Acre Master Planned,deed Restricted induslriak
Park
.''' „ ■ • •dual Rail Service with Union Pacific and BNSF Railway
•Integrated Rail Services Provided by Rail Logix
AmleriPart.LLC
+ t' •Foreign Trade Zane(FT2)Designation.No.171
! -Up to 150 Acres Available for Build-to-Suit
� a � •Among the Lowest Operating Expenses in the Region
Regional Detenlion System-1001%Nei Acreage
t _ _ I •Fiber,Natural Gas,and 35 KV Electric Service On-Site
ri
•Close Proximity to Barbaurs Cut and Bayport Container
4 *■14 ;`�� ti„ Terminals
•High Capacily Natural Gas Pipeline Access
f •Heavy Raul Access to I-10 and Barge Terminals
r o •Industrial Water Supply Available trom Coastal Water
Authority
f , � •Located in Pro-business Chambers County(Saylown,
�., Tx}
! n � •Uldities provided by Chambers County Improvements
"� District 3i2
t J RiDbcrl L.Aiinger,CCIM,LEER AP,51OR
4 Ser.or Vice President
+1 713 830 2167
mhert.alingerramlliers_a
r ? ! r Walk■r Barnett,SIDR
Principal&Director
A 713 830 2127
walker.harmt0cotliers.com
*Site Plan for the Comparable Tract
I'M 565—P00076351.001 —CRE-2023-0636 2-22
Taxes
Current Taxation & Assessment Description
The total assessment for the subject property for the tax year 2023 is $9,290 or $0.83 PSF. The subject of this
appraisal is owned by a government entity. Based on the parcel being part of a public municipal property, a
full exemption is in place in the amount of $9,290. Therefore, no taxes are owed.
ASSESSMENT & TAXES (2023)
ASSESSOR PARCEL# LAND IMPROVEMENTS TOTAL EXEMPTIONS TAXABLE BASE TAX
54897 $9,290 $0 $9,290 $9,290 $0 $0
TOTAL BASE TAX $/TOTAL LAND AREA / $ TOTAL $0
Source: Chambers County Appraisal District
The assessed value appear to be very low when compared to our concluded value herein. There could be
several reasons why tax assessments are not always compared to market value:
■ Time lag: Tax assessments are often based on data from previous years, while market values are
constantly changing. As a result, tax assessments may not accurately reflect current market values.
■ Assessment methods: Tax assessments may use different valuation methods than those used in
determining market value. For example, tax assessors often estimate the value of a property based
on factors like size, condition, and location, while market value may be influenced by supply and
demand dynamics and recent transactions.
• Mass appraisal approach: Tax assessments are typically conducted on a large scale, assessing
multiple properties in a jurisdiction. This mass appraisal approach may not factor in the unique
characteristics and market conditions of individual properties or neighborhoods.
■ Legal restrictions: In some jurisdictions, there may be legal restrictions on how tax assessments are
conducted or updated, which may limit their ability to accurately reflect market value.
It's important to note that in some cases, tax assessments may still be used as a reference point to estimate
market value, but they are not always compared directly due to the aforementioned factors.
FM 565-P00076351.001 -CRE-2023-0636 2-23
Form ROW-A-5(Rev.08/2011)
PROPERTY VALUATION SUMMARY
Whole: 0 Part to be Acquired: ❑ Remainder After:❑
HIGHEST AND BEST USE ANALYSIS: See Page 3.1
VALUATION APPROACHES
Please see Page 3.4
CostApproach......................................................................................... N/A
Sales Comparison Approach(Land)................ .. $35,428
.............................................
Sales Comparison Approach(Improved).......................................................... N/A
IncomeApproach........................................................................ ............ N/A
Reconciliation of Approaches to Value............................................................ S35,428
Contributory Value of Improvements Itemized
Total Contributory Value of Improvements
Land Value: 11,247 SF ,&_ $3.15 /SF= $35,428
ReconciledFinal Value............................................................................................................................ $35,428
Each approach developed follows this page and is sequenced as shown below._
Land Value, Cost Approach, Sales Comparison Approach, Income Approach,
pg.3.6 pg.3.21 pg.3.22 pg.3.23
FM 565-P00076351.001 -CRE-2023-0636 �' 3-0
Highest & Best Use-Whole Property
The theory of highest and best use is fundamental to the concept of value. Highest and best use analysis
identifies the most profitable, competitive use to which the property can be put. The highest and best use
of a property is based on the competitive forces within the market and submarket and provides the
foundation for a detailed investigation of the competitive position of the subject property in the minds of
market participants. Highest and best use may be defined as:
"The reasonably probable and legal use of vacant land or an improved property that is physically
possible, appropriately supported, and financially feasible and that results in the highest value."
The four criteria the highest and best use must meet are 1) legally permissible, 2) physically possible, 3)
financially feasible and 4) maximally productive. In arriving at the estimate of highest and best use, the
subject was analyzed as vacant and as improved as of the date of value. In each of the previous sections of
the report including the Market Analysis, Site Description, Improvement Description, Real Estate Taxes and
Zoning we have identified factors that influence value. These factors shape our conclusions for the Highest
and Best Use as Vacant and As Improved.
This section develops the highest and best use of the subject property As-Vacant and As Improved.
As Vacant Analysis
In this section the highest and best use of the subject as vacant is concluded after taking into consideration
financial feasibility, maximal productivity, marketability, legal, and physical factors.
Legally Permissible
Private restrictions, zoning, building codes, historic district controls, and environmental regulations are
considered, if applicable to the subject site. The legal factors influencing the highest and best use of the
subject site are primarily government regulations such as zoning ordinances. However, we point out that the
subject tract is located within the County and not within a municipality that has zoning ordinance. Thus, it is
unincorporated and therefore has no zoning restrictions. Albeit we reiterate that the Comparable Tract
must adhere to the Covenants, Conditions, and Restrictions set forth in the CC&R's that are recorded
for the Ameriport Industrial Park.
Physically Possible
The test of what is physically possible for the subject site considers physical and locational characteristics
that influence its highest and best use. In terms of physical features, the Comparison Tract totals 11.2092-
acres (488,274 SF), it is irregular in shape and has a level to sloping topography. The site has average
exposure and average overall access. We reiterate that all of the Comparable Tract lies in the 100-year
floodplain and/or floodway. However, as previously stated we recognize some mitigating factors that
still encourage the development of the Comparable site even with its known flood encumbrance.
Regional detention of stormwater refers to the practice of constructing reservoirs or detention ponds in a
specific region to capture and temporarily store excessive stormwater runoff. Regional detention of
stormwater helps mitigate development in the floodplain by reducing the amount of water entering flood-
prone areas during heavy rainfall events and minimizing the risk of flooding.
FM 565-P00076351.001 -CRE-2023-0636 3-1
Highest & Best Use-Whole Property (Continued)
Here's how the process works:
■ Collection and Diversion: Stormwater runoff is collected from developed areas through an
interconnected drainage system, including ditches, pipes, and culverts. This helps divert and channel
the water away from vulnerable floodplain regions.
■ Storage in Detention Ponds: The collected stormwater is then directed to regional detention ponds
specifically designed to store and retain large volumes of water temporarily. These ponds are
typically constructed in areas outside the floodplain, allowing them to safely detain excessive
stormwater during heavy rains.
■ Controlled Release: Once the storm event subsides, the water stored in the detention ponds is slowly
released back into the natural drainage system or allowed to percolate into the ground. By releasing
the water gradually, it reduces the risk of overwhelming downstream infrastructure and helps
prevent flooding in the floodplain areas.
There are no other physical limitations that would prohibit development of any of the by-right uses on the
site.
Financial Feasibility
Baytown, Texas is known for its vibrant and thriving industrial market. Located on the Gulf Coast, the city
benefits from its strategic location, abundant natural resources, and a well-established infrastructure,
making it a preferred destination for various industries. The general industrial market in Baytown is diverse
and encompasses a wide range of sectors, including petrochemicals, manufacturing, oil and gas, and
logistics.
One of the main drivers of the industrial market in Baytown is the petrochemical industry. The city is home
to numerous petrochemical facilities belonging to major companies such as ExxonMobil, Chevron Phillips
Chemical, and Covestro. These facilities produce a wide array of chemicals and materials used in various
sectors, including plastics, automotive, construction, and healthcare. The presence of these companies has
attracted related industries, creating a robust supply chain in the area.
The manufacturing sector in Baytown is also thriving, with companies engaged in the production of a
diverse range of products. These include machinery, metal products, fabricated materials, food and
beverages, and consumer goods. The city's proximity to major transportation hubs, such as the Port of
Houston and Houston Intercontinental Airport, provides convenient access to national and international
markets, making Baytown an attractive location for manufacturers.
In addition to petrochemicals and manufacturing, the oil and gas industry plays a significant role in
Baytown's industrial market. The city is situated near the heart of the U.S. oil and gas industry, with
numerous refineries and offshore drilling operations in the vicinity. This proximity allows for efficient
transportation of crude oil and refined products, contributing to the economic growth of the region.
Furthermore, the discovery of shale gas reserves in Texas has led to an increase in natural gas-related
activities, including processing plants and pipelines.
The logistics sector in Baytown complements the industrial market by providing efficient transportation and
distribution services. The city's location on major highways and proximity to major ports and airports
enables the seamless movement of goods and materials, adding value to businesses operating in the area.
FM 565-P00076351.001 -CRE-2023-0636 3-2
Highest & Best Use-Whole Property (Continued)
Baytown is strategically positioned to serve as a distribution hub for regional and national markets,
attracting logistics providers and facilitating the growth of e-commerce and retail sectors.
Overall, the general industrial market in Baytown, Texas is vibrant, diverse, and constantly expanding. The
city's strategic location, abundance of natural resources, well-developed infrastructure, and access to
national and international markets create favorable conditions for businesses to thrive.
The Comparable Tract is situated in amongst all of the aforementioned in a conglomerate of multiple
business parks and therefore we believe the potential for industrial use is prudent and financially
feasible given the macro and micro economic environment in the immediate vicinity.
Maximum Productivity
There is only one use that creates value and at the same time conforms to the requirements of the first three
tests. Financial feasibility, maximal productivity, marketability, legal, and physical factors physical factors
have been considered and the highest and best use for the Comparison Tract as-vacant is concluded to be
industrial use. Since the subject property is small in size, there does not appear to be any reasonably
probable use of the subject tract that would generate a higher residual land value than assembling the tract
for industrial use with the Comparison Tract. Accordingly, it is our opinion that assemblage for industrial
use, developed to normal market density level permitted by zoning is the maximally productive use of
subject property.
As Improved Analysis
The subject is being appraised as vacant land and therefore the Highest and Best Use as improved is not
warranted.
Most Probable Buyer
Based on the property type, it is our opinion that the most probable buyer for the subject would be an
owner-user or local developer.
FM 565-P00076351.001 -CRE-2023-0636 3-3
Appraisal Methodology
In our research, we considered the applicability of all approaches to value. Since the highest and best use of
the subject property is for continued use of the existing improvements, all three approaches to value are
utilized in this appraisal. In traditional valuation theory, the three approaches to estimating the value of an
asset are the cost approach, sales comparison approach, and income capitalization approach. Each approach
assumes valuation of the property at the property's highest and best use. From the indications of these
analyses, an opinion of value is reached based upon expertjudgment within the outline of the appraisal
process.
Site Valuation
Considering the subject property's primary improvements are not affected by the proposed acquisition, we
appraise this property as if it were vacant. As such, the inclusion to estimate the vacant land value is
deemed appropriate. Therefore, a valuation of the subject site has been provided herein.
Cost Approach
The cost approach considers the cost to replace the proposed improvements, less accrued depreciation, plus
the market value of the land. The cost approach is based on the understanding that market participants
relate value to cost. The value of the property is derived by adding the estimated value of the land to the
current cost of constructing a reproduction or replacement for the improvements and then subtracting the
amount of depreciation in the structure from all causes. Profit for coordination by the entrepreneur is
included in the value indication.
Characteristics specific to the subject property do not warrant that this valuation technique is developed.
Based on the preceding information, the Cost Approach will not be presented.
Sales Comparison Approach
The sales comparison approach estimates value based on what other purchasers and sellers in the market
have agreed to as price for comparable properties. This approach is based upon the principle of
substitution, which states that the limits of prices, rents, and rates tend to be set by the prevailing prices,
rents, and rates of equally desirable substitutes. In conducting the sales comparison approach, we gather
data on reasonably substitutable properties and make adjustments for transactional and property
characteristics. The resulting adjusted prices lead to an estimate of the price one might expect to realize
upon sale of the property.
Characteristics specific to the subject property do not warrant that this valuation technique be developed.
Based on this reasoning, the Improved Sales Comparison Approach is not presented within this appraisal.
Income Capitalization Approach
The income capitalization approach simulates the reasoning of an investor who views the cash flows that
would result from the anticipated revenue and expense on a property throughout its lifetime. The net
income developed in our analysis is the balance of potential income remaining after vacancy and collection
loss, and operating expenses. This net income is then capitalized at an appropriate rate to derive an
estimate of value or discounted by an appropriate yield rate over a typical projection period in a discounted
cash flow analysis. Thus, two key steps are involved: (1) estimating the net income applicable to the subject
and (2) choosing appropriate capitalization rates and discount rates. The appropriate rates are ones that will
FM 565-P00076351.001 -CRE-2023-0636 E 3-4
Appraisal Methodology (Continued)
provide both a return on the investment and a return of the investment over the life of the particular
property.
The subject property type is not typically analyzed on an income basis by buyers and sellers, reducing the
applicability of this valuation technique. Therefore, the Income Approach is not developed.
Correlation and Conclusion
Based on the agreed upon scope with the client, the subject's specific characteristics and the interest
appraised, this appraisal developed the Land Sales Comparison Approach.
FM 565-P00076351.001 -CRE-2023-0636 3-5
Form ROW-A-5(Rev.08/2011)
SALES COMPARISON APPROACH Whole: Part to be Acquired: Remamdu Afle,0
Land, I X Improved:
VALUATION GRID Re r sentatice Comparable Sales
Subject Comp-No.1 Coinp.No.2 Co -No.3 Comp-No.4 Comp-No.5 Co -No.6 Ca -Na.7 Co -No.9
Gr®rtor PPIP lliniK,LILC William N_tinnegat�, '1 IIS Cedar Port K-rdlr Morean Helen K McGnih Ilennic],W—ey ASMA Venturea,I3C [brides W_Caldnell and
1V,Martha Finnegan Pnrinrss,1.P. i)ebhie K.Caldtcell
Bcncstamo,Ninry
Fiuncgan Corbcv,and
I"Fatuity C—P—_
I.1 C
Grsmee 13 — 1X Ince;tnr, Mnnt Belvieu Capital. 'I oaaf Cnllnida,hw. Spector Derelnpmenl 1303 Nrochingmn Sir—. Adnnr llnldhiga,I.I.0 Iar—r.C'orlisle,I.I.0 CP iIkX I3a}tocrn,I.LC
i.P Ii.0 G—r.LLC LLC
D-of Sale 917/2022 7I2S12021 7115i2021 2112P2021 10,'lWZ022 7l25f2022 1128i2021
UnitPdce $127 $3.08 $4,75 $2.36 K 19 $3.37 $4.38 5351
ItAU ve L—i— Between Cotton Lake 11249 410,Bu[—. lemmius oCDendtt 631 PM 565,Bul0.aun. 1,119311-10,Baylonn, 11327 hatch—ille Rd, 5199 PM 3180 Rd, 6610'Ihumpaon Rd,
R—d and]W-31M 0.42 '1'X 77523 Lane_13sytrn 'I X CX 77529 1'X 77523 13ayrmvn,'1'X 77521 13aytci 'I'X 77523 13avtown,'CX 17521
mile North of their Split, 77523
➢aytonn,IX77523
Sale Transaction Adjustments
Firranu rag Cash tm Seller Similar Similar Similar Similar Similar Similar Similar Similar
0% 0% 0%
Conditions of Sale Auras Length Similar Smidar Similar Smlilaa S-it. Similar Similar Sun lar
0% 0% 0%
Market Conditions Increasing Inferior Inferior Inferior Inferior Inferior Inferior Infrior inferior
3%a-iiall) 4,16% 7.50% 7,60% 0,63% 8,96% 3.99% 4?2% 8,98%
Adjusted Unit Value .3 41 F .3 31 F 5 ,2 IT SF V 3R F .3 s0 F 4 5XISF S3 93eSF
Physical Adjustments
i.ocalu, Southeast Side of FM- Similar Similar Superior Similar Inferior lnfedor Similar Similar
565,Baytown.TX (10% I 10% 51A
Size(Acres) 11,2092 acres 32.3146 acres 24.8464 cores 22.3001 acres 155320 acres 125710 acres 9,2470 acres 7,1340 cores 6,0I00 acres
499,274 SF 1,407,624 SF I,DX2,909 SF 971,992 SF 676,574 SF 547,593 SF 402,799 SF 310.757 SF 261,796 SF
Shape Generally Ria-gular Similar Sirmilar sft ilar Sirmihu Shnilar Similar Sitnilar Similar
Frc,rLng&Acccss Average Sunilar SimW. Suuilm Similar Sunila.r Similar Similar S-dim
Utililicg All Available Similar Similar Similar Similar Similar 1nfCrior Similar Similar
10%
Topography Level Similar Similar Similar Similar Similar Similar Similar Similar
Flood Plaun Zane ALE Superior Superior Superior Superior Superior Superior Superior Superior
100%F1cadEnc_ (10%) (10%) (10% (5% (10% (10% (10% (10%)
Zmningiuse NIA Similar Sirmilar Similar Similar Similar Similar Similar Similar
Uuimeo crated
Easements Multiple Pipes Superior Superior Superior Superior Superior Superior Superior Superior
Adverse Effect (5%) (5%) (5%) (5%) (5%) (5%) (5 ) (5%)
Net Af,94nenl
Indicated Unit Value 52.9019F 52.8119F $3.831SF $2.13/5F $2.261SF 83.501SF $3.89/SF $3.261SF
Estimated Unit Value: $3.15/SF
For the explanation of Adjustments with Reconciliation, please see the following pages.
FM 565-P00076351.001 -CRE-2023-0636 �' 3-6
a�
Form ROW-A-5S
(Rev 11/11)
Page 1 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ: 1024-01-083
Land Sale: 1 Improved Sale: N/A Rental Data N/A
3r
Grantor/Lessor: PPIP Trinity,LLC Grantee/Lessee: Baytown TX Investor,LP
Date: 9/7/2022 Lat/Long: 29.779217,-94.860784
Recording Information: 2022-186077 Zip Code: 77523
Address: Between Cotton Lake Road and FM-3180;0.42-mule North of their Split,Baytown,Chambers County,TX
Legal Description: 32.3146 acres situated in the Benjamin Winfree Survey, Abstract No.28,Chambers County,Texas.
Confirmed Price: $4,600,000 Verified with: Zachary Taylor,Colliers International,
Terms and Conditions of Sale: Cash to seller/Arm's Length (713)830-2193
Rental Data: NIA
Land Size: 323146 acres 1,407,624 sf Unit Price as Vacant: $142,351/ac $3.27/sf
Type Street: Dual Minor Arterials Utilities: All Available
Improvement Description: N/A
Improvement(s) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design: N/A
Current Use: Vacant Land Highest&Best Use: industrial use
Date of Inspection: January 26,2024 Zoning: N/A Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level and at about 35'above sea level with no 100-year flood encumbrance. Water is provided by CC Water Works and sewer is
provided by the Gulf Coast Authority. This property has one pipeline that travels across the property,but does not appear to affect the usability of the
site. This property was purchased as an investment for speculative industrial development and the developer intends to pre-lease or Iease upon
completion. This property is within the Trinity Business Park.
Appraiser: M.Colt Jones,MAI, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 3-7
Form Row-A-5S
(Rev 11/11)
Page 2 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway. FM-565
County: Chambers ROW CSJ: 1024-01-083
Land Sale: 2 Improved Sale: N/A Rental Data: N/A
141
William N.Finnegan, IV,Martha Finnegan
Benestante,Mary Finnegan Corbett,and HMF
Grantor/Lessor: Family Company, LLC Grantee/Lessee: Mont Belvieu Capital,LLC
Date: 7/28/2021 Lat/Long: 29.82376,-94.885457
Recording Information: 2021-170709 Zip Code: 77523
Address: 11249 I-10,Baytown,Chambers County,TX
Legal Description. 24.9464 acres situated in the Chambers County School Land Survey No,3,Abstract No.321,Chambers County,
Texas.
Confirmed Price: $3,329,636 Verified with: Ryan Sweeney, Streetwise Land,(713)773-
Terms and Conditions of Sale: Cash to seller/Arm's Length 5514
Rental Data: NIA
Land Size: 24.8464 acres 1,082,309 sf Unit Price as Vacant: $134,009/ac $3.08/sf
Type Street: Freeway Frontage Road Utilities: All Available
Irnprovement Description: N/A
Improvement(s) Size: NIA (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design. N/A
Current Use: Industrial Distribution Highest&Best Use: Industrial use
Date of Inspection: January 26,2024 Zoning: N/A Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level at 35'above sea level with no 100-year floodplain encurnbrance. It has frontage along IH-10 and access to the City of Mont
Belvieu utilities. The property is crossed by one pipeline that does not appear to afFect the usability of the property.This property was purchased for the
speculative development of an industrial distribution center.
Appraiser: M.Colt Jones,MAI, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 �' 3-8
Form ROW-A-5S
(Rev 11/11)
Page 3 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ: 1024-01-083
Land Sale: 3 Improved Sale: N/A Rental Data: N/A
rJ
_ r
i
i
Grantor/LeSSOr: TGS Cedar Port Partners,UP, Grantee/Lessee: Tosaf Colloids,Inc.
Date: 7/15/2021 Lai/Long: 29.721819,-94.891896
Recording information: 2021-1 7022 5 Zip Code: 77523
Address: Terminus of Dewitt Lane,Baytown,Chambers County,TX
Legal Description: 22.3001 acres situated in the John Steele Survey, Abstract No.227,Chambers County,Texas.
Confirmed Price: $4,614,112 Verified with: Joel Michael, NAT Partners,(713)985-4619
Terms and Conditions of Sale: Cash to seller/Ares Length
Rental Data: N/A
Land Size: 22.3001 acres 971,392 sf Unit Price as Vacant: $206,910/ac $4.75/sf
Type Street: Collector Cut-De-Sac Utilities: All Available
Improvement Description: N/A
Improvements) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design: N/A
Current Use: Industrial Distribution Highest&Best Use: Industrial use
Date of Inspection. January 26,2024 Zoning. N/A Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level at about 30'above sea level with no 100-year flood encumbrance. The property has access to water from Baytown Area Water
Authority and access to sewer from the Gulf Coast Authority. This property has access to rail spur and it is situated within the Cedar Port Industrial Park.
This property was purchased for the construction of an industrial distribution center operated by Tosaf Colloids, Inc.(owner-user).
Appraiser: M.Colt Jones,MA1, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 �' 3-9
a�
Form ROW-A-5S
(Rev 11/11)
Page 4 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ: 1024-01-083
Land Sale: 4 Improved Sale: N/A Rental Data: N/A
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Grantor/Lessor: Kenneth Moreau Grantee/Lessee: Spectra Development Group,LLC
Date: 11/10/2023 Lat/Long: 29.775752,-94.906452
Recording Information: 2023-198556 Zip Code: 77523
Address: 631 FM 565,Baytown,Chambers County,TX
Legal Description: 15.5320 acres situated in the Christian Smith League,Abstract No.22,Chambers County, Texas.Deed of conveyance
states 16.8305 Acres,but TxDOT survey used on this project states 15.532 Acres,which is what is used.
Confirmed Price: $1,600,000 Verifed with: Christy Buck,Infinity Real Estate Group,
Terms and Conditions of Sale: Cash to seller/Arm's Length (832)264-8934
Rental Data: NIA
Land Size: 15.5320 acres 676,574 sf Unit Price as Vacant: $103,013/ac $2.36/sf
Type Street: Major Arterial Utilities: All Available
hnprovement Description: N/A
ltnprovement(s) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design: N/A
Current Use: Vacant Land Highest&Best Use: Industrial use
Date of Inspection: January 26,2024 Zoning: N/A Flood Plain: Zone AE,Zone X(Shaded),Zone X(Unshaded
Attach additional information as necessary.
This property is level to sloping ranging from 15' to 20' above sea level with approximately 29% 100-year flood encumbrance. It is bisected by one
pipeline that does not affect the overall usability of the property.It is currently covered with heavy native foliage. It has frontage along FM-565 and has
potential access from the terminus of Lincoln Cedar Drive. Water is provided by Baytown Area Water Authority and sewer is provided by Gulf Coast
Authority. This property was purchased as an investment.
Appraiser: M.Colt Jones,MAI, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 �' 3-10
Form ROW-A-5S
(Rev]l/ll)
Page 5 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ: 1024-01-083
Land Sale: 5 Improved Sale: N/A Rental Data. N/A
AR
Grantor/LeSSOr: Helen K.McGinty Grantee/Lessee: BCB Washington Street,LLC
Date: 2/12/2021 Lai/Long: 29.829691,-94.825306
Recording information: 202 1-1 6423 7 Zip Code: 77523
Address: 14931 I-10,Baytown,Chambers County,TX
Legal Description: 12.571 acres situated in the F.C.Rector Survey,Abstract No.210,Chambers County,Texas.
Confirmed Price: $1,200,000 Verified with: Katie Elsbury, Sotheby's international,
Terms and Conditions of Sale: Cash to seller/Arm's Length (281)546-3672
Rental Data: N/A
Land Size: 12.5710 acres 547,593 sf Unit Price as Vacant: $95,458/ac $2.19/sf
Type Street: Freeway Frontage Road Utilities: All Available
hnprovement Description: N/A
Improvements) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design: N/A
Current Use: Industrial Office/Truck Operation Highest&Best Use: Industrial use
Date of Inspection. January 26,2024 Zoning. N/A Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level at 35' above sea level with no 100-year flood encumbrance. This property has frontage along IH-10. It has access to water and
sewer from Aqua, Texas according to the listing agent. This property was purchased for the development of an industrial office/truck operation related
to the oil and gas industry.
Appraiser: M.Colt Jones,MAI, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 3-11
Form ROW-A-5S
(Rev 11/11)
Page 6 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ: 1024-01-083
Land:Sale: 6 Improved Sale: N/A Rental Data: N/A
r,
PINK
Grantor/LeSSOr: Dennis McMurrey Grantee/Lessee: Adnar Holdings,LLC
Date: 10/10/2022 Lai/Long: 29.880165,-94.926515
Recording information: 2022-1 87 1 73 Zip Code: 77521
Address: 11327 Hatcherville Rd,Baytown,Chambers County,TX
Legal Description: Being Lots 5 and 6 of the Hatcherville Homesteads,a subdivision in Chambers County,Texas,
Confirmed Price: $1,358,297 Verified with: Kimberly Stephens,Re/Max 5 Star Realty,
Terms and Conditions of Sale: Cash to seller/Arm's Length (833)223-2653
Rental Data: N/A
Land Size: 9.2470 acres 402,799 sf Unit Price as Vacant: $146,891/ac $3.37/sf
Type Street: Collector Utilities: Electric
hnprovement Description: N/A
Improvements) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design: N/A
Current Use: Vacant Land Highest&Best Use: Industrial use
Date of Inspection. January 26,2024 Zoning. N/A Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level at 40' above sea level with no 100-year floodplain encumbrance. It has one pipeline along the rear boundary line that does not
affect the usability of the property. Electric only is available. No water or sewer access. Thus, a well and septic would be required for vertical
development. This property was purchased as an investment. The buyer has also assembled multiple adjoining parcels too.
Appraiser: M.Colt Jones,MA1, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 �' 3-12
Form ROW-A-5S
(Rev 11/11)
Page 7 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ: 1024-01-083
Land Sale: 7 Improved Sale: N/A Rental Data: N/A
Grantor/LeSSOr: ASMA Ventures,LLC Grantee/Lessee: Harrison Carlisle, LLC
Date: 7/25/2022 Lai/Long: 29.775313,-94.859582
Recording information: 2022-1 8480 7 Zip Code: 77523
Address: 5499 FM 3180 Rd,Baytown,Chambers County,TX
Legal Description: All of Restricted Reserve"B",of FM 2354 at FM 3180 Minor Plat,A Subdivision in Chambers County,Texas.
Confirmed Price: $1,360,000 Verified with: Adrian Combs, Combs Commercial
Terms and Conditions of Sale: Cash to seller/Ares Length Investment Properties,(281)573-4567
Rental Data: N/A
Land Size: 7.1340 acres 310,757 sf Unit Price as Vacant: $190,636/ac $4.38/sf
Type Street: Dual Minor Arterials Utilities: All Available
hnprovement Description: WA
Improvements) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design: N/A
Current Use: Industrial Laydown Yard Highest&Best Use: Industrial use
Date of Inspection. January 26,2024 Zoning. N/A Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level at 35' above sea level with no 100-year floodplain encumbrance. The property has frontage on both Cotton Lake Road and FM-
3180. Water is provided by CC Water Works,Inc. and sewer is provided by the Gulf Coast Authority. This property was purchased for use as a lay
down yard for material storage and has since been improved with gravel paving and outdoor lighting.
Appraiser: M.Colt Jones,MAI, SRA,R/W-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 �' 3-13
corm ROW-A-5S
(Rev 11/11)
Page 8 of 8
COMPARABLE DATA SUPPLEMENT
District: Beaumont Parcel No.: P00076351.001 Highway: FM-565
County: Chambers ROW CSJ 1024-01-083
Land Sale: 8 Improved Sale: N/A Rental Data N/A
i
_ o ,
Grantor[Lessor: Charles W. Caldwell and Debbie K.Caldwell Grantee/Lessee CP TRX Baytown,LLC
Date: 1/28/2021 Lat/Long: 29.793532,-95.029977
Recording Information: 2021-60831 Zip Code: 77521
Address: 6610 Thompson Rd,Baytown,Harris County,TX
Legal Description: Lot 1,Block 1,of Terex Minor Replat Elena Fruit and Cotton Farms Unit D,City of Baytown,Harris County,Texas.
Confirmed Price: $920,000 Verified with: Cary Stephens,Re/Max East,(713)455-2222
Terms and Conditions of Sale: Cash to seller/Arm's Length
Rental Data: N/A
Land Size: 6.0100 acres 261,796 sf Unit Price as Vacant: $153,078/ac $3.51/sf
Type Street: Minor Arterial Utilities: All Available
Improvement Description. N/A
Improvement(s) Size: N/A (GBA) N/A (NRA) Unit Price as Improved: N/A
Condition and Functional Design:N/A
Current Use: Industrial Manufacturing Highest&Best Use: Industrial use
Date of inspection: January 26,2024 Zoning: Li Flood Plain: Zone X(Unshaded)
Attach additional information as necessary.
This property is level at 30' above sea level with no 100-year flood encumbrance. This property has access to water and sewer through Baytown Area
Water Authority. bays on the market were unknown. This property was purchased for development of an industrial manufacturing use.
Appraiser: M.Colt Jones,MAI, SRA,RAW-AC February 23,2024
(Typed,not signed) Date
FM 565-P00076351.001 -CRE-2023-0636 �' 3-14
Land Valuation-Whole Property
Land Sales Location Map
DUSTIN OAKS 4
146
Blackjack Lane
Equestrian
99 Old River-WinfrE
1942
146
1942
FAIRACRES Mont Belvieu Mont Belvieu
Baytown Soccer Complex19 City Park
gg H-E-B
* `
+ i
1
EASTPOINT
chair _--
PINEHURST
HIGHLAND CEDAR BAYOU 146
565
Coady FARMS ESTATES
330 BAYTOWN 565
VILLAGE
1405 J1
Rwj Airpark-54tj
ROLLINGBROOK 146
town
Center __
McCollum Park
Ilk, MORRELL PARK 99
Beach City
Baytown MILKY DALE
EAST BAYIOWN 4 99
PELLY 10
Roseland Park lip
Go -gle 146 99 Cedar Port Industrial Parko Map data©2024Google
COMPARABLE LABEL ADDRESS MILES FROM SUBJECT
COMPARABLE 1 1 Between Cotton Lake Road and FM-3180;0.42-mile North of their Split,Baytown,TX,77523 1.9
COMPARABLE 2 2 11249 1-10,Baytown,TX,77523 3.1
COMPARABLE 3 3 Terminus of Dewitt Lane,Baytown,M 77523 4.0
COMPARABLE 4 4 631 FM 565,Baytown,TX,77523 0.9
COMPARABLE 5 5 14931 1-10,Baytown,TX,77523 5.3
COMPARABLE 6 6 11327 Hatcherville Rd,Baytown,TX,77521 7.2
COMPARABLE 7 7 5499 FM 3180 Rd,Baytown,TX,77523 2.0
COMPARABLE 8 8 6610 Thompson Rd,Baytown,TX,77521 8.3
*Note that Push Pin No. 1 is located under Push Pin No. 7 due to their close proximity.
FM 565-P00076351.001 -CRE-2023-0636 3-15
Land Valuation-Whole Property (Continued)
This section values the subject site by comparing it with substitute land sales within the local market area or
in competitive areas throughout the region. Land value is influenced by a number of factors; most notably
development and use potential. These factors, as well as others, are factored in the following analysis.
The subject property is combined with the adjoining comparison tract as discussed throughout this
report.
We have estimated the market value of the underlying land at its highest and best use as vacant via the
sales comparison approach. The sales comparison approach is based on the premise that the buyer would
pay no more for a specific property than the cost of obtaining a property with the same quality, utility, and
perceived benefits of ownership. It is based on the principles of supply and demand, balance, substitution
and externalities. The following steps describe the applied process of the sales comparison approach.
• The market in which the subject property competes is investigated; comparable sales, contracts for
sale and current offerings are reviewed.
• The most pertinent data is further analyzed, and the quality of the transaction is determined.
• The most meaningful unit of value for the subject property is determined.
• Each comparable sale is analyzed and where appropriate, adjusted to account for differences when
compared to the subject property.
• The value indication of each comparable sale is analyzed, and the data reconciled for a final indication
of value via the sales comparison approach.
Comparable Selection
A thorough search was made for similar land sales in the area. The parameters of the survey were highest
and best use, zoning, proximity to the subject, size, and date of sale. In selecting comparables, emphasis was
placed on confirming recent sales of sites that are similar to the subject property in terms of location and
physical characteristics. Overall, the sales used represent the best comparables available for this analysis.
Unit of Comparison
The most relevant unit of comparison for competing land is the $/SF. All of the comparable sales presented
in this section were reported on this basis.
Adjustments
Adjustments to the comparable sales were considered and made when warranted for expenditures after
purchase, property rights transferred, conditions of sale, financing terms, and market conditions.
1. Property Rights - All of the sales comparables were fee simple sales reflecting the property rights
appraised herein per the agreed upon scope of work.
2. Financing - The sales all reflected typical cash equivalent, lender-financed transactions and no
adjustments were required for financing terms.
3. Sale Conditions - None of the comparables required a condition of sale adjustment, as all were
confirmed to be arm's length transactions.
4. Expenditures After Sale - Expenses that the buyer incurs after purchase (demolition, cleanup costs,
etc.). No adjustments are warranted based on review of the land sales.
5. Market Conditions (Time) - Based on the analysis performed, which includes research and
interpretation of value trends of the comparable land sales presented herein, a market conditions
FM 565-P00076351.001 -CRE-2023-0636 3-16
Land Valuation-Whole Property (Continued)
adjustment of 3% annually reflecting the relatively consistent appreciation that occurred between the
oldest comparable sale date up through the effective date of this report.We also consult the data in the
following table in addition to the market condition research presented previously in this report.
MARKET • • DERIVATION
Source Delta
Consumer Price Index December 2023 All Items Index 3.40%
Turner Construction Cost Index 3rd Qtr. 2023(2022 3rd Qtr.Vs. 2023 3rd Qtr.) 3.64%
TAMU Real Estate Center Rural Land Prices Gulf Coast-Brazos Bottom Q3 2023 1.14%
TAMU Real Estate Center Rural Land Prices Houston LIMA 28 YE 2022 4.97%
TAR Marketviewer Chambers County Median Housing Price YE 2023 (0.70%)
Costar Retail Analytics Chambers County/Baytown Submarket Rent Change YOY 3.50%
Costar Industrial Analytics East-SE Far Submarket Rent Change YOY 5.90%
Quantitative Adjustment Process
Quantitative percentage adjustments are also made for location and physical characteristics such as size,
location quality, access, exposure, as well as other applicable elements of comparison. Quantitative
adjustments are often developed as dollar or percentage amounts, while qualitative adjustments are simply
expressed through relative comparison (i.e. significantly inferior). Quantitative adjustments are more
applicable when the quality and quantity of data allows paired sales or statistical analysis. Market
participants can often identify superior or inferior characteristics when comparing properties. Without paired
sales or statistical information, applying quantitative adjustments to reflect the differences is often
problematic or subjective. Given the availability of data and imperfect nature of the real estate market,
participants most often rely on relative or qualitative comparisons.
Blended Adjustments
Relative Comparisons Pre-Assigned Quantitative Adjustment
Slight Adjustment 5%
Moderate Adjustment 10%
Fair Adjustment 15%
Significant Adjustment 20%
Large Adjustment 25%plus
Land Sales Adjustment Discussion
The comparable land sales indicate an overall unadjusted value range from $2.19/SF to $4.75/SF, and
average of $3.36/SF. After adjustments, the comparables indicate a narrower range for the subject site
between $2.13/SF and $3.89/SF with an average of $3.07/SF. The adjustment process is described below.
Land Sale 1 ($2.90/SF Adjusted) —This property is level and at about 35' above sea level with no 100-year
flood encumbrance. Water is provided by CC Water Works and sewer is provided by the Gulf Coast
Authority. This property has one pipeline that travels across the property, but does not appear to affect the
usability of the site. This property was purchased as an investment for speculative industrial development
and the developer intends to pre-lease or lease upon completion. This property is within the Trinity Business
Park.
FM 565-P00076351.001 -CRE-2023-0636 3-17
Land Valuation-Whole Property (Continued)
This comparable requires a negative adjustment for its lack of any flood encumbrance similar to that of the
subject. In addition, it does not have any known easement encumbrances similar to that of the subject and
therefore a downward adjustment is applied.
Land Sale 2 ($2.81/SF Adjusted) —This property is level at 35' above sea level with no 100-year floodplain
encumbrance. It has frontage along IH-10 and access to the City of Mont Belvieu utilities. The property is
crossed by one pipeline that does not appear to affect the usability of the property. This property was
purchased for the speculative development of an industrial distribution center.
This comparable requires a negative adjustment for its lack of any flood encumbrance similar to that of the
subject. In addition, it does not have any known easement encumbrances similar to that of the subject and
therefore a downward adjustment is applied.
Land Sale 3 ($3.83/SF Adjusted) —This property is level at about 30' above sea level with no 100-year
flood encumbrance. The property has access to water from Baytown Area Water Authority and access to
sewer from the Gulf Coast Authority. This property has access to rail spur and it is situated within the Cedar
Port Industrial Park. This property was purchased for the construction of an industrial distribution center
operated by Tosaf Colloids, Inc. (owner-user).
This comparable requires a negative location adjustment for its superior location within Cedar Port Industrial
Park. Also, a negative adjustment is applied for its lack of any flood encumbrance similar to that of the
subject. In addition, it does not have any known easement encumbrances similar to that of the subject and
therefore a downward adjustment is applied.
Land Sale 4 ($2.13/SF Adjusted) —This property is level to sloping ranging from 15' to 20' above sea level
with approximately 29% 100-year flood encumbrance. It is bisected by one pipeline that does not affect the
overall usability of the property. It is currently covered with heavy native foliage. It has frontage along FM-
565 and has potential access from the terminus of Lincoln Cedar Drive. Water is provided by Baytown Area
Water Authority and sewer is provided by Gulf Coast Authority. This property was purchased as an
investment.
This comparable requires a lighter negative adjustment since it lacks as much flood encumbrance similar to
that of the subject. In addition, it does not have any known easement encumbrances similar to that of the
subject and therefore a downward adjustment is applied.
Land Sale S ($2.26/SF Adjusted) —This property is level at 35' above sea level with no 100-year flood
encumbrance. This property has frontage along IH-10. It has access to water and sewer from Aqua, Texas
according to the listing agent. This property was purchased for the development of an industrial
office/truck operation related to the oil and gas industry.
This comparable requires an upward location adjustment for its inferior location further east away from
Baytown along the IH-10 Corridor. Also, a negative adjustment is applied for its lack of any flood
encumbrance similar to that of the subject. In addition, it does not have any known easement encumbrances
similar to that of the subject and therefore a downward adjustment is applied.
FM 565-P00076351.001 -CRE-2023-0636 3-18
Land Valuation-Whole Property
Land Sale 6 ($3.50/SF Adjusted) —This property is level at 40' above sea level with no 100-year floodplain
encumbrance. It has one pipeline along the rear boundary line that does not affect the usability of the
property. Electric only is available. No water or sewer access. Thus, a well and septic would be required for
vertical development. This property was purchased as an investment. The buyer has also assembled
multiple adjoining parcels too.
This comparable requires an upward location adjustment for its inferior location further north of Mont
Belvieu on the fringe of the industrial development. Also, a negative adjustment is applied for its lack of any
flood encumbrance similar to that of the subject. In addition, it does not have any known easement
encumbrances similar to that of the subject and therefore a downward adjustment is applied.
Land Sale 7 ($3.89/SF Adjusted) —This property is level at 35' above sea level with no 100-year floodplain
encumbrance. The property has frontage on both Cotton Lake Road and FM-3180. Water is provided by CC
Water Works, Inc. and sewer is provided by the Gulf Coast Authority. This property was purchased for use
as a lay down yard for material storage and has since been improved with gravel paving and outdoor
lighting.
This comparable requires a negative adjustment for its lack of any flood encumbrance similar to that of the
subject. In addition, it does not have any known easement encumbrances similar to that of the subject and
therefore a downward adjustment is applied.
Land Sale 8 ($3.26/SF Adjusted) —This property is level at 30' above sea level with no 100-year flood
encumbrance. This property has access to water and sewer through Baytown Area Water Authority. Days on
the market were unknown. This property was purchased for development of an industrial manufacturing
use.
This comparable requires a negative adjustment for its lack of any flood encumbrance similar to that of the
subject. In addition, it does not have any known easement encumbrances similar to that of the subject and
therefore a downward adjustment is applied.
FM 565-P00076351.001 -CRE-2023-0636 3-19
Land Valuation-Whole Property (Continued)
Land Value Conclusion
The comparables indicate a unit value, based on a general bracketing analysis, between $2.13/SF and
$3.89/SF. Based on the subject's overall locational and physical features, a unit value conclusion of $3.15/SF
is supported. Note that the least weight is placed on Sale No. 4, even though it is within close
proximity to the subject and along FM-565, it could have been influenced by the subject project as it
is the lowest sale in our dataset (no indication could be specifically confirmed). Most weight was
placed on those sales that were least adjusted. The following table summarizes the comparable land sales
analysis and applies the unit value conclusion to the site area to provide an indication of the as-vacant land
value.
LAND SALES COMPARISON APPROACH CONCLUSION (SF)
TRANSACTION ADJUSTMENT
PRICE TRANSACTIONAL' ADJUSTED PROPERTY FINAL
1 $3.27 4% $3.41 (15%) $2.90
2 $3.08 7% $3.31 (15%) $2.81
3 $4.75 8% $5.11 (25%) $3.83
4 $2.36 1% $2.37 (10%) $2.13
5 $2.19 9% $2.38 (5%) $2.26
6 $3.37 4% $3.50 0% $3.50
7 $4.38 5% $4.58 (15%) $3.89
8 $3.51 9% $3.83 (15%) $3.26
NIGH $4.75 9% $5.7 7 0% $3.89
AVG $3.36 6% $3.56 (73%) $3.01
MED $3.32 6% $3A6 (75%) $3.08
LOW $2.79 7% $2.37 (25%) $2.13
SUBJECT SF $/SF VALUE
Total Land Area 11,247 x $3.15 = $35,428
INDICATED VALUE (ROUNDED TO NEAREST $1) $3.15 $35,428
'Cumulative 2Additive
FM 565-P00076351.001 -CRE-2023-0636 3-20
Form ROW-A-S(Rev.08/11)
COST APPROACH Whole: ❑p Part to be Acquired: ❑ Remainder After: ❑
Estimated Replacement/Reproduction Cost
Improvement Number of Units S per unit Cost New <Depreciation> Value
$
Contributory Value of the Buildings $
Accessory Improvements
9�
$
Contributory Value of the Accessory Improvements $
Site Improvements
$
$
Contributory Value of the Sile Improvements
Contributory Value of all Improvements $
Land Value $
Estimated Value by Cost Approach $ YIA
The subject is being appraised as land. As such, the Cost Approach, is not applicable.
FM 565-P00076351.001 -CRE-2023-0636 �' 3-21
Form ROW-A-5 (Rev.08/11)
SALES COMPARISON APPROACH Whole: Part to be Acquired: Remainder After:
Land: improved:
VALUATION GRID Re resentative Comparable Sales
Subject Comp.No.I Comp.No.2 Comp.No.3 Comp. No.4
Grantor
Grantee
Date of Sale
Unit Price
Relative Location
Sale Transaction Adjustments
Financing
Conditions of Sale
Market Conditions
Adjusted Unit Value
Physic I Adjustments
Location
Size(NRA)
Quality
Condition/Age
Exposure
Access
Parking Ratio
Land:Bldg Ratio
Net Adjustment
Indicated Unit Value
Estimated Unit Valuc: N/A
Estimated Value by Sales Comparison Approach N/A
Explanation of Adjustments with Reconciliation(Attach Comparable Data Supplement and Map;use separate page,numbered accordingly,as necessary.)
The subject is being appraised as land. As such, the Sales Comparison Approach —As Improved, is not
applicable.
FM 565-P00076351.001 -CRE-2023-0636 �' 3-22
Form ROW-A-5(Rev.08/11)
INCOME APPROACH Whole: Part to be Acquired: ❑ Remainder After: ❑
Rental Revenue $ $
Reimbursements $
Potential Gross Income $
Vacancy $
Effective Gross Income ................................................................................. $
Expenses:
Taxes..................................... $
Insurance............................... $ $
CAM..................................... $
Management........................... $
Reserves................................. $ $
TotalExpenses ........................................ .. .. .. .. .. .. .. ......................................... $
NetOperating Income .............................................. .. .. .. ............................................... $
Income Capitalized @ ................................................. $
Plus: Value of Excess Land (if any) ................................................. $
Estimated Value by Income Approach ............................................. $ N/A
The subject is being appraised as land. Typically speaking, land is not purchased based on an anticipated
income stream. Thus, the Income Approach is not applicable.
FM 565-P00076351.001 -CRE-2023-0636 �' 3-23
Reconciliation of Value Conclusions-Whole Property
The process of reconciliation involves the analysis of each approach to value. The quality of data applied the
significance of each approach as it relates to market behavior and defensibility of each approach are
considered and weighed. Finally, each is considered separately and comparatively with each other. Based on
the agreed upon scope with the client, the subject's specific characteristics and the interest appraised, this
appraisal developed Land Sales Comparison Approach.
Reconciliation is the process of analyzing the relevance of the indicated values, resulting in a final value
estimate.
The subject is being appraised as land. Therefore, only the sales comparison approach for land is applicable.
RECONCILIATION OF VALUES
VALUATION SCENARIOS AS IS - THE WHOLE
Interest Fee Simple Estate
Date January 26, 2024
LAND CONCLUSION $35,428
$/SF Total Land Area $3.15
FINALrLUE CONCLUSION
FINAL VALUE CONCLUSION $35,428
$/SF Total Land Area $3.15
FM 565-P00076351.001 -CRE-2023-0636 3-24
Form ROW-A-S(Rev.08/11)
PART TO BE ACQUIRED
Highest and Best Use:Due to the shape and size of the partial acquisition, its use is limited to use in conjunction with the subject whole property.Because of this,the highest and
best use of the partial acquisition,as vacant,is for use in conjunction with the subject whole properly.
Contributory- Value of Improvements (Itemized)
$
Total Contributory Value of Improvements $
Parcel P00076351.001 2,058 SF @ I $3.15 /SF= $ 6,483
Total Land $ 6,483
TOTAL VALUE AS A UNIT
REMAINDER BEFORE THE ACQUISITION
Contributory Value of Improvements (Itemized)
$
Total Contributory Value of Improvements $
Fee 9,189 SF(_& I $3.15 /SF= $ 28,945
Total Land $ 28,945
TOTAL VALUE AS A UNIT $ 28,945
FM 565-P00076351.001 -CRE-2023-0636 �' 4-0
Part to be Acquired and Remainder Before
Part To Be Acquired
The part to be acquired may be valued in two different manners in Texas. If the part to be acquired can be
considered an individual economic entity, then it is valued as a separate parcel. Thus, this may require that
all three approaches to value and possibly, a whole new set of market data be considered, which would be
more comparable to the part acquired, than just the reuse of the market data utilized in the whole property
valuation. On the other hand, if the part acquired cannot be considered an individual economic entity, then
its value contribution to the entire parcel is used. In this case, the value of the part to be acquired would not
be independent and the part to be acquired represents the prorated value from the whole property.
Partial Acquisition Description
The size of the part acquired is based upon survey maps provided by the client.Again, we note that the
City of Baytown, Texas owns a twenty-foot utility easement along the frontage of the subject
property. Therefore, the City of Baytown. Texas owns 100% of the rights within the proposed
acquisition. Thus, the acquisition consists of a fee simple acquisition, the impact of which is discussed in the
Highest and Best Use of the Remainder After property.
While smaller than the whole site, there is no market evidence that would suggest a unit value of a parcel
smaller than the whole subject and in the configuration of the acquisition could command a higher unit
value than its contribution to the whole. Due to the size and shape of the partial acquisition, the parcel
would not stand alone as a separate economic unit. Thus, it would have the same unit value as the whole
property. Therefore, its highest and best use is to serve as part of the whole site.
In an email exchange with Kimberly Patterson, Right-of-Way Coordinator with the City of Baytown, the
officials with the City of Baytown do not anticipate the proposed acquisition will affect the function or
parking at the lift station or the existing water line that is in-place near the proposed acquisition area. Nor
will any of the functionality be lost at the lift station and the associated sanitary sewer lines traveling in and
out of the lift station. The exhibit below was provided by Ms. Patterson showing the concrete driveway is
approximately 50 feet from the existing pavement on FM-565.
1.
" Approx 50ft from end of
driveway to edge of
trss ,, existing pavement.
7
1414
c �
FM 565-P00076351.001 CRE-2023-0636 4-1
Part to be Acquired and Remainder Before (Continued)
The survey map and legal description of the part to be acquired are presented in the addenda of this report.
An aerial of the proposed acquisition is presented below.
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Highest & Best Use — Part To Be Acquired
Highest and best use may be defined as the reasonably probable and legal use of vacant land or an
improved property that is physically possible, appropriately supported, and financially feasible and that
results in the highest value. The four tests, applied in order, to develop adequate support for an opinion of
highest and best use are legal permissibility, physical possibility, financial feasibility and maximum
productivity. In this case, the Part to be Acquired is the whole property, and the highest and best use of the
whole property is for assemblage; therefore, the highest and best use of the Part to be Acquired is for
assemblage.
As-Vacant Analysis — Part to be Acquired
Due to its limited size, the area of the partial acquisition would likely not stand alone as a separate economic
unit. The partial acquisition's use is essentially limited to use in conjunction with the subject whole property.
As such, the highest and best use of the partial acquisition, as vacant, is for use in conjunction with the
subject whole property.
As-Improved Analysis — Part to be Acquired
The highest and best use of the partial acquisition, as improved, is the same as the subject whole property.
FM 565-P00076351.001 -CRE-2023-0636 E 4-2
Part to be Acquired and Remainder Before
Reconciliation — Part to be Acquired
The part to be acquired was valued as an integral component of the whole property. The value is based on
its pro-rata contribution to the whole. As previously mentioned, the per-unit values for the land and
improvements was previously calculated in the whole property valuation section of this appraisal and are
applied in the valuation of the part to be acquired as follows.
PART ACQUIRED
Land 2,058 SF @ $3.15 /SF = $6,483
TOTAL $6,483
Remainder Before
In order to determine the value of the remainder before the proposed acquisition, we have subtracted the
value of the part taken from the whole property value. The remainder before value is calculated as follows:
REMAINDER O.
Whole Property $35,428
Less: Part Taken ($6,483)
Value of Remainder Before Taking $28,945
FM 565-P00076351.001 -CRE-2023-0636 4-3
Form ROW-A-5(Rev.08/11)
PROPERTY VALUATION SUMMARY
Whole: ❑ Part to be Acquired: ❑ Remainder After:0
HIGHEST AND BEST USE ANALYSIS: See Page 5.2
VALUATION APPROACHES
Please see Page 5.2
CostApproach.................................................................................... N/A
Sales Comparison Approach(Land)........................................................... $28,945
Sales Comparison Approach(Improved)..................................................... N/A
IncomeApproach................................................................................. N/A
Reconciliation of Approaches to Value...................................................., S28,945
Contributory Value of Improvements (Itemized) 77
Total Contributory Value of Improvements
Land Value: 9,189 SF SF @ $3.15 /SF= $28,945
ReconciledFinal Value............................................................................................................................ $28,945
Each broach developed follows this page and is sequenced as shown below.--
Land Value, Cost Approach, Sales Comparison Income Approach,
Approach,
pg.5.3 pg.3.4 pg.5.5 pg.5.6
FM 565-P00076351.001 -CRE-2023-0636 �' 5-0
Remainder After Valuation
Remainder After Valuation
The value of the remainder after the acquisition is an estimate of the market value taking into consideration
the effect that the proposed easement or right-of-way will have on the remainder. This valuation is based
upon a new site analysis, highest and best use analysis, as well as the consideration of the three approaches
to value.
Specific damages or benefits to the remainder are found by subtracting the value of the remainder after the
acquisition from the value of the remainder before the acquisition. If positive, damages exist. Likewise, if the
figure is negative, benefits are present (enhancement). The State of Texas through legislative prescription
and case law provide some direction with regard to the estimation of damages specific to a remainder
property.
Property Description — Remainder After
The size of the remainder property is calculated as the whole property less any fee simple acquisitions.
Based on this calculation the remainder contains 0.2110 acres or 9,189 square feet.
The remainder property will be very similar to the whole property before the acquisition, as illustrated
below. After the acquisition, the remainder will be rectangular in shape, illustrated as follows.
Aerial Overlay— Remainder After
Fwi_W=
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FM 565-P00076351.001 -CRE-2023-0636 5-1
Remainder After Valuation (Continued)
Highest & Best Use — Remainder After
Highest and best use may be defined as the reasonably probable and legal use of vacant land or an
improved property that is physically possible, appropriately supported, and financially feasible and that
results in the highest value. The four tests, applied in order, to develop adequate support for an opinion of
highest and best use are legal permissibility, physical possibility, financial feasibility and maximum
productivity.
As-Vacant Analysis —Remainder After
The highest and best use of the remainder after the acquisition is the same as that of the remainder with the
part to be acquired. After the acquisition, the remainder will be like the whole property, except that it will be
slightly smaller with 0.2110 acres or 9,189 square feet. The proposed acquisition does not impact the
functional utility of the site. A schematic aerial overlay is identified below showing the footprint of the new
roadway once constructed in the remainder after. It is noted that it appears the schematic map may be
slightly south of the utility easement when compared to the TxDOT Survey. The schematic map
shows the acquisition includes the concrete driveway. However, we do not believe this is the case.
See extraordinary assumptions presented earlier in this report.
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Because there is no impact to the functional utility of the site, we conclude that the highest and best use of
the remainder after the acquisition is the same as that of the whole property. No damages to the remainder
result from the proposed acquisition.
Valuation Methodology—Remainder After
The remainder after property will have similar size, physical characteristics, and highest and best use as the
subject whole property. As such, the valuation of the remainder after property uses the same fundamental
data as the subject whole property valuation. The remainder after property is valued on the following pages.
FM 565-P00076351.001 -CRE-2023-0636 5-2
Form ROW-A-5(Rev.08/11)
SALES COMPARISON APPROACH Whole, Past to be Acquired: Remainder After:O
Land: X Improved:
VALUATION GRID Re re—Wive Com arable Sales
Subect Com.No.1 Com.No.2 Comp.No.3 Com.No.4 Co..No.5 Com.No.6 Count.No.7 Com.No.8
Grantor PPR Trim(,,LLC William M Fin,oan, TC39 Qxlar PoA K-11,Momau Hdm X McGnly Dcamic AS'k� LLC CEO-W,Ciddwdl and
[V,Martha Finnegan 11mmer,,IJ'_ Debbie K Caldwell
Ilrrvvtaatc,Man.
F—gua Corbet4 laid
HMF Fumilp Cumpaag,
A C
Grantee Ba}'tnam TX hnnatm. Writ Felvien Capital, 7nsaf C.11oids,Ina. Spectra T)—h pment itCIl Washington Street. Adnar Holdings,I.1.0 Narri rri Cnrlisln I.I.0 CP 7RX naymvv,,,T.I.0
LP LLC (3mu,LLC LLC
Dataof Salo 9M'022 M92021 WLS5 021 1111T2023 2(12/2021 1011(1'2022 7125/2n22 1f2812021
Unit Price $3.27 S3.08 $4.75 $2.36 52.19 $3.37 S4.3S $3.51
Relatiee L+x;auun Beuveert Cuttuu Lake 112491-10,Bauman Terminus of De it 631 FM 565,Baytown, 14931 1-10,Ball—r,, 113271latol—ille Rd, 5499 FM 31$0 Rd, 6610 Th-T—Rd,
Road and FM-3190 0.42 '1'X 77523 Lana, ['X IN 77523 'fX 77523 llaytovnr'I 77521 13a n—t'I X 77523 Ilavro—,TX 77521
mile North of thew Split, 77523
13,)-k ri,TX 77523
Sale Transaction Adjustments
Financing Cash to Seller Similar Similar Sutular Smadir Similar Simi-lar Siadlar, Similar
Candition,of Sale Ann,1.engrlt Similar Similar Similar Similar Similar Similar Similar Similar
Market Conditions lucreasing ]nferior Iiii lufirior Inferior Inferior Inferior Inferior Inferior
0%annuallO 4,16% 7.50% 7,60% Q63% 8,86% 3,89% 4,52% %99%
Adjusted Unit Value .3 411SF .3 31 t F .5 1 F .2 371SF '2 39617 .3 501 F '4 58 F '3 93617
Physical Adjustments
Location S.uth,ast Sid,of T'M-565, Similar Similar Superior Similar Inferior Inferior Similar Similar
Ba7am— IX77523 (10%) 10% 51%
Size(Acres) 11,1620 acres 32.3146 acres 24.8454 acres 223t701 acres 15,5320 acres 12.5710 acres 9,2470 acres 7,1340 acres 6.010C acres
496,216 SF 1,407,624 sf 1,082,309 sf 971.392,f 676,174 sf 547,5934 402,799 sf 310.757,f 261,7960
0% 0% 0% 0% 0% 0% 0%, 0%
Shape Generally Rectangular Similar Similar Similar Similar Similar Similar Similar Similar
FrontagclAccess Average Similar Similar Similar Similar Similar Sm il<ar Similar Similar
Utilities All Available Similar Similar Similar Similar Similar Inferior Similar Similar
Topography Level Simitu Similar Similar Similar Similar Similar Similar Similar
Flood Plain lone AE Supenor Superior Superior Superior Superior Supertor Superior Superior
(10%) (10%) (10%) 01/0 (10%) (1(m) (LO%) (10%)
7oninyrUse NIA Shnilnr Similar Similar Similar Similar Similar Similar Similar
Easements Multiple Pipes Superior Superior Superior Superior Superior Superior Superior Superior
Adverse F4l'ect (5%) (5%) (5%) (511.) (5% (5% (5%) (5%)
Not.AdIpMantnt 15% (15%) (25%) 10%) 5%) 0% 1.5% (15%)
Indicated Utrit Value $2.981SF $2.81lSF $3.83lSF $2.131SF $22b(SF $3 50(SF $3.89ISF $3.261SF
Estimated Unit Value: S3.151SF
The Remainder will have the same general locational and physical characteristics as existed in the Whole
Property. The same land sales and adjustments applicable for the Whole Property are applicable for the
remainder. For an explanation of Adjustments with Reconciliation, please see Section 3 for land sale
adjustment discussion which is applicable for the remainder after.
FM 565-P00076351.001 -CRE-2023-0636 �' 5-3
Form ROW-A-S(Rev.08/11)
COST APPROACH Whole: ❑ Yarl[o be Acquired: ❑ remainder Alter: ❑+
Estimated Replacement/Reproduction Coat
Improvement Number of Units 5 per unit Cost New <Depreciation> Value
Contributory Value of the Buildings
Accessory Improvements
Contributory Value of the Accessory Improvements
Site improvements
Contributory Value of the Site Improvements
Contributory Value of all Improvements
Land Value
Estimated Value by Cost Approach N/A
Furnish sources of cost data and support for depreciation factors(physical,functional,and economic.Use separate page,numbered accordingly,
as necessary.)
The remainder is appraised as vacant land. As such, the Cost Approach is not applicable.
FM 565-P00076351.001 -CRE-2023-0636 �' 5-4
Form ROW-A-5(Rev.08/11)
SALES COMPARISON APPROACH Whole: Part to be Acquired: Remainder After:0
Land: Improved: X
VALUATION GRID Re resentative Comparable Sales
Subject Comp.No.1 Comp.No.2 Comp. No.3 Comp. No.4
Grantor
Cirantee
Date of Sale
Unit Price
Relative Location
Sale Transaction Adjustments
Financing
Conditions of Salo
Market Conditions
Adjusted Unit Value
Physical Adjustments
Location
Size(NRA)
Quality
Condition/Age
Exposure
Access
Parking Ratio
Land.Bldg Ratio
Net Adjustment
Indicated Unit Value
Estimated Unit Value:
Estimated Value by Sales Comparison Approach N/A
Explanation of Adjustments with Reconciliation(Attach Comparable Data Supplement and Map;use separate page,numbered accordingly,as
necessary.)
The remainder is appraised as vacant land. As such, the Sales Comparison Approach for improved property
is not applicable.
FM 565-P00076351.001 -CRE-2023-0636 �' 5-5
Form ROW-A-5(Rev.08/11)
INCOME APPROACH Whole: ❑ Part to be Acquired: ❑ Remainder After. 0
Rental Revenue $ S
Reimbursements
Potential Gross Income S
Vacancy $
Effective Gross Income ............................................................... $
Expenses:
Taxes..................................... $ $
Insurance............................... $ $
CAM-- --------- -- -- -- -- -- -- ----- $ $
Management........................... $
Reserves................................. $ $
TotalExpenses ....................................................................................................... $
NetOperating Income ....................................................................................................... S
Income Capitalized @ ................................................. $
Plus: Value of Excess Land (if any) ............................................... $
Estimated Value by Income Approach .............................................. $ NIA
Furnish supporting information/data,justification of gross income estimates,expenses,method of capitalization and capitalization rate(Attach
Comparable Rental Data Supplement and Map.Use separate page,numbered accordingly,as necessary.)
The remainder is appraised as vacant land. Vacant land is not typically bought based on an anticipated
income stream. Thus, the Income Approach is not applicable.
FM 565-P00076351.001 -CRE-2023-0636 �' 5-6
Reconciliation of Value Conclusions — Remainder After
Reconciliation — Remainder After Property
The Reconciliation of Value Conclusions is the final step in the appraisal process and involves the weighing
of the individual valuation techniques in relationship to their substantiation by market data, and the
reliability and applicability of each valuation technique to the subject property. Understanding the profiles
of potential buyers and their typical reliance on each approach to value strongly influences the weighting
process.
The remainder is vacant land and as such, only the sales comparison approach is relevant and utilized.
Presentation Of Value Conclusions
The following table summarizes our final opinion of the remainder after value. The effective date of
valuation concluded in this report is as of January 26, 2024.
- RECONCILIATION - REMAINDER AFTER
Sales Comparison (Land) $28,945
Sales Comparison (Improved) NIA
Cost Approach NIA
Income Approach NIA
CONCLUSION $28,945
FM 565-P00076351.001 -CRE-2023-0636 5-7
Form ROW-A-5(Rev.08/11)
EXPLANATION OF DAMAGES (if any): No damages were considered appropriate in this instance nor are there any currative costs.
COMPENSATION SUMMARY
WHOLE PROPERTY:
The market value of the whole property is.......................................................................... $ 35,428
PART TO BE ACQUIRED:
Considered as severed land,the fee simple title to the part being acquired
for highway purposes(less oil,gas and sulphur and subject to existing easements,
if any,which are not to be extinguished) is......................................................................................................... $ 6,483
REMAINING PROPERTY:
The value of the remainder immediately before the taking is............................................ $ 28,945
Considering the uses to which the part taken is to be subjected
to,the market value of the remainder immediately after
theacquisition is................................................................................................................... $ 28,945
NET DAMAGES OR ENHANCEMENTS, if any.................................................................................................................. $0
ACCESS:
The lack of any access denial or the material impairment of direct access
on or off the remaining property affects the market value of the remaining
property in the sum of... . ............ ......................................................................... $ 0
COSTTO CURE............................................................................................................................... $ 0
TOTAL COMPENSATION................................................................................................................................................... $ 6,483
FM 565-P00076351.001 -CRE-2023-0636 �' 6-0
Addenda (Continued)
General Definitions5
Assessed value
A value set on real estate and personal property by a government as a basis for levying taxes. (IAAO)
The monetary amount for a property as officially entered on the assessment roll for purposes of computing
the tax levy. Assessed values differ from the assessor's estimate of actual (market) value for three major
reasons: fractional assessment ratios, partial exemptions, and decisions by assessing officials to override
market value. The process of gathering and interpreting economic data to provide information that can be
used by policymakers to formulate tax policy. (IAAO)
Easement
The right to use another's land for a stated purpose.
Effective date
The date to which an appraiser's analyses, opinions, and conclusions apply; also referred to as date of value.
(USPAP, 2024 ed.)
Fee simple estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed
by the governmental powers of taxation, eminent domain, police power, and escheat.
Floor area ratio (FAR)
The relationship between the above-ground floor area of a building, as described by the zoning or building
code, and the area of the plot on which it stands; in planning and zoning, often expressed as a decimal, e.g.,
a ratio of 2.0 indicates that the permissible floor area of a building is twice the total land area.
Identified intangible assets (IIA)
Intangible assets that can be quantified separately from the business as a whole and can be bought and
sold, rented, or acquired through legal or contractual rights. Examples include patents, copyrights, licenses,
formulas, franchises, and trademarks.
Land-to-building ratio
The proportion of land area to gross building area; one of the factors determining comparability of
properties.
Leased fee interest
The ownership interest held by the lessor, which includes the right to receive the contract rent specified in
the lease plus the reversionary right when the lease expires.
Leasehold interest
The right held by the lessee to use and occupy real estate for a stated term and under the conditions
specified in the lease.
Market rent
The most probable rent that a property should bring in a competitive and open market under all conditions
requisite to a fair lease transaction, the lessee and lessor each acting prudently and knowledgeably, and
5 The Dictionary of Real Estate Appraisal, Seventh Edition,Appraisal Institute, Chicago, Illinois, 2022
FM 565-P00076351.001 -CRE-2023-0636 1
Addenda (Continued)
assuming the rent is not affected by undue stimulus. Implicit in this definition is the execution of a lease as
of a specified date under conditions whereby:
Lessee and lessor are typically motivated.
Both parties are well informed or well advised, and acting in what they consider their best interests.
Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and
The rent reflects specified terms and conditions typically found in that market, such as permitted uses, use
restrictions, expense obligations, duration, concessions, rental adjustments and revaluations, renewal and
purchase options, frequency of payments (annual, monthly, etc.), and tenant improvements (Tls).
Marketing time
An opinion of the amount of time to sell a property interest at the concluded market value or at a
benchmark price during the period immediately after the effective date of an appraisal. Marketing time
differs from exposure time, which precedes the effective date of an appraisal. (Advisory Opinion 7 and
Advisory Opinion 35 of the Appraisal Standards Board of The Appraisal Foundation address the
determination of reasonable exposure and marketing time.)
Negative easement
An easement preventing a property owner from certain, otherwise permitted, uses of the land, e.g., agreeing
not to do something such as building a wall or fence blocking an adjoining property's view.
Personal property
Tangible or intangible objects that are considered personal, as opposed to real property. Examples of
tangible personal property include furniture, vehicles,jewelry, collectibles, machinery and equipment, and
computer hardware. Examples of intangible personal property include contracts, patents, licenses, computer
software, and intellectual property.
Any tangible or intangible article that is subject to ownership and classified as real property, including
identifiable tangible objects that are considered by the general public as being "personal," such as
furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and equipment, and intangible
property that is created and stored electronically such as plans for installation art, choreography, emails, or
designs for digital tokens. (USPAP, 2024 ed.)
Prospective value opinion
A value opinion effective as of a specified future date. The term does not define a type of value. Instead, it
identifies a value opinion as being effective at some specific future date. An opinion of value as of a
prospective date is frequently sought in connection with projects that are proposed, under construction, or
under conversion to a new use, or those that have not yet achieved sellout or a stabilized level of long-term
occupancy.
Rentable area
For office or retail buildings, the tenant's pro rata portion of the entire office floor, excluding elements of the
building that penetrate through the floor to the areas below. The rentable area of a floor is computed by
measuring to the inside finished surface of the dominant portion of the permanent building walls, excluding
any major vertical penetrations of the floor. Alternatively, the amount of space on which the rent is based;
calculated according to local practice.
FM 565-P00076351.001 -CRE-2023-0636 E 2
Addenda (Continued)
Restricted appraisal report
A written report prepared under Standards Rule 2-2(b), 8-2(b), or 10-2(b) of the Uniform Standards of
Professional Appraisal Practice (USPAP, 2024 ed.)
Appraisal report
The final communication, written or oral, of an appraisal or review transmitted to the client. Finality is
evidenced by the presence of the valuer's signature in a written report or a statement of finality in an oral
report. All communications to the client prior to the final communication must be conspicuously designated
as such. (SVP, CPE)
Any communication, written or oral, of an appraisal or appraisal review that is transmitted to the client upon
completion of an assignment. (USPAP, 2024 ed.)
Use value
The value of a property based on a specific use, which may or may not be the property's highest and best
use. If the specified use is the property's highest and best use, use value will be equivalent to market value.
If the specified use is not the property's highest and best use, use value will be equivalent to the property's
market value based on the hypothetical condition that the only possible use is the specified use.
Usable area
For office buildings, the actual occupiable area of a floor or an office space; computed by measuring from
the finished surface of the office side of the corridor and other permanent walls, to the center of partitions
that separate the office from adjoining usable areas, and to the inside finished surface of the dominant
portion of the permanent outer building walls. Sometimes called net building area or net floor area.
The area that is actually used by the tenants measured from the inside of the exterior walls to the inside of
walls separating the space from hallways and common areas.
Value "as is"
The value of specific ownership rights to an identified parcel of real estate as of the effective date of the
appraisal; relates to what physically exists and is legally permissible and excludes all assumptions concerning
hypothetical market conditions or possible rezoning.
FM 565-P00076351.001 -CRE-2023-0636 E 3
Addenda
Addendum A
Appraiser Qualifications
FM 565-P00076351.001 -CRE-2023-0636 4
CULTI TE
R E A L E S T A T E
MAI, SRA, R/W-AC
•
Current Responsibilities Managing Partner H (817) 648-8944, Colt@CultivateRE.net
Mr.Jones is a licensed real estate broker and appraiser and operates Cultivate Real Estate. Cultivate is a multifaceted full-service real estate brokerage,
valuation,and consulting firm.
Mr.Jones has been selling real estate since 2006 and has sold millions of dollars in volume throughout the years. In addition, Mr.Jones has completed
thousands of commercial,farm and ranch,and residential appraisal assignments.Assignments have included valuations for eminent domain,litigation,federal
acquisitions,capital market and banking transactions,private and corporate estate planning and filing,and asset management purposes.Additionally,Mr- ones
has provided expert witness testimony on varying properly types around the State.
Prior Employment
In 2006,Mr.Jones was part of the Real Estate Station in Argyle,where he started his real estate sales career.After graduatingfrom North Texas,Mr.Jones took
a position as an analyst with Integra Realty Resources-DFW.
Major Achievements/Experience
Integra Realty Resources-OFW was designed from the merger of Appraisal Data Services with Lambis Consulting in 1999.The firm later grew to own multiple
IRR offices including Fort Worth,Dallas,Austin,Tulsa,and Oklahoma City.Mr- ones started with this company out of college as an analyst and worked his way
up to becoming a Managing Director and minority interest holder in the business.While working for IRR Mr.Jones wasthe top producing appraiser in 2011,2012,
2013,and 2014.Mr.Jones also received the National Integra Excellence Award in 2012.During Mr.Jones'tenure at IRR-DFW he was afforded the opportunity to
train with some of the best designated appraisers in the region.
As an original member of the IRR-DFW team,Mr.Jones was acquired as part of the company in December of 201G by Jones Lang LaSalle(1EL).Mr.Jones served
as a Senior Vice President in the Valuation and Advisory Services division.
Atterthe merger with JLL,Mr.Jones decided it was time to move forward with creating his own company,which resulted in the creation of Cultivate Real Estate.
While working for the national valuation firm Mr.Junes was the top producing appraiser in 2011,2012,2013,and 2014.Mr.Jones also received a National
Excellence Award in 2012 from this firm. Specialty appraisals completed have included the valuations of marinas, wind farms, residential subdivisions,
self-storage facilities, cattle/grazing ranches, bulk petroleum terminals, life science/biotech research and lab facilities, stigmas due to construction
deficiencies,municipal code compliance cases,and municipal non-conforming use cases.
Affiliations,Designations,and licenses
Appraisal Institute,Designated Member(MAI)(SRA) Texas Certified General Real Estate Appraiser-TX-1380101-G
International Right of Way Association GRWAI,Member Texas Real Estate Broker-0558042
American Society of Farm Managers&Rural Appraisers(ASEMRA),Member • Former Board of Directors,Weatherford Chamber of Commerce
National Association of Realtors,Member
Education
University of North Texas,Denton,TX,2001 BBA,Major in Real Estate
113, s v o
REALTOR
Addenda (Continued)
Certified General
TALCB Real Estate Appraiser
TEXAS APPRAISER LICENSING&
CERTIFICATION BOARD
Appraiser: Michael Colt Jones
License #: TX 1380107 G License Expires: 11/30/2025
Having provided satisfactory evidence of the qualifications required
by the Texas Appraiser Licensing and Certification Act, Occupations
Code, Chapter 1103,authorization is granted to use this title:
Certified General Real Estate Appraiser
Chelsea Buchholtz
For additional information or to file a complaint please contact TALCB commissioner
at www.talcb.texas.gov.
111111 1 i, Appraisal Institute'
Yr+:rcrc�r+rRnfs!'r~�eiding Nru!fslufr,SuruhnR#
�ilirr4r�clC,��sts
MAi Member
it Ih i�..�ul:<JIIW�oJ ii
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FM 565 P00076351.001 CRE-2023-0636 6
;r
Addenda (Continued)
Jilillki, Appraisal Institute&
Prol6sfonals Providing Heal Estate Solutions
This Certifies That
ielead Colt Yofres, U,4J
has been admitted to membership as an
SRA Member
i in the Appraisal Institute and is
entitled to all the rights and privileges of membership
subject only to the limiting conditions set forth from time to time
in the Bylaws and Regulations of the Appraisal Institute.
In Witness Whereof,the Board o€D¢ectors of the Appraisal Institute has
authorized this certificate to be signed in its behalf by the president,and the
Corporate Seal to be hereunto affixed
J/onn'this 12th day of October 2017
l rsaidrnr
The Intemational Right of Way Association
R/W-AC
ERTIFIED
tµTEHNATIONgI
ASSOCIATIetd
Hereby certifies that
Colt Jones, R/W-AC
has successfully completed the exam,experience and course curriculum requirements forlhis certification
demonstrating the aptitude to understand,communicate and perform within standards of the right of way
profession as required by the Credentialing Committee for the discipline,and is authorized as
Right of Way-Appraisal Certified
Certified:010112n20
Recertification Due:07101,2025
2IL IRWA
Sharon N.Sla,—hlte,SRNVA Trevsiternationel Presidant hair, ional BUILDING A RFMR WORLD
Ed—tion Committee tOGEiNER.
FM 565 P00076351.001 CRE-2023-0636 7
CULTI TE
R E A L E S T A T E
Mon-
RWA. R/W-AC
Analyst 11 (811) 556-6666, Sunny@CultivateKnet
Current Responsibilities
Sunny Starrett serves as an Analyst with Cultivate Real Estate. Mrs. Starrett's current responsibilities include performing
valuation and consulting services on various property types working on commercial, residential, office. industrial,farm and
ranch,and equestrian facilities for transaction and eminent domain assignments.
Experience
Prior to joining Cultivate Real Estate, Mrs. Starrett was an Analyst with ILL in the Fort Worth office. She has appraised
numeious properties and property types- Additionally, Mrs.Starrett has earned the International Right of Way's specialized
appraisal certification.
Affiliations And Awards
• International Right of Way Association
• Appraiser Trainee in Texas,License#TX 1341361 Trainee
Education
• Bachelor of Science.Texas Christian University,2000
• Associate of Arts.Tarrant County CoIlege,1997
• Successfully completed numerous real estate related courses and seminars sponsored hythe Appraisal Institute
and International Right of Way Association
Addenda (Continued)
Appraiser Trainee
TjUCB
TEXAS APPRAISER LICENSING&
CERTIFICATION BOARD
Trainee: Sunny G Starrett
Authorization #: TX 1341361 Trainee Expires: 05/31/2025
Review the list of the above Trainee's Supervisors on the License Holder Search at
www.taicb.texas.gov.
Having provided satisfactory evidence of the qualifications required by the
Texas Appraiser Licensing and Certification Act, Occupations Code, Chapter
1103,authorization is granted to use this title:Appraiser Trainee
For additional information or to file a complaint please contact TALCB at Chelsea Suchholtz
www.talcb.texas.gov. Commissioner
FM 565-P00076351.001 -CRE-2023-0636 9
Addenda
Addendum B
Property Information and Project Survey
FM 565-P00076351.001 -CRE-2023-0636 10
Addenda (Continued)
Continuation of Schedule A GF No. 23160667-AGLC
CO14iMTi MENT FOR TITLE L1 SURANCL T-7
ISSUED BY
FIDELITY VA TIONAL TIME EYSUR NCE CO UPjLVY
SCHEDULE A
Effective Date: October 20,2023,08:00 am GF No.23160667-AGLC
Conurntramt issued November 1,2023,
1_ The policy or policies to be issued are-
a_ OWNER'S POLICY OF TITLE INSURANCE(Form T-1)
(Not applicable for improved one-to-four family residential real estate)
Policy Amount:
PROPOSED INSURED: TXDOT
b. TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE
ONE-TO-FOUR FAMILY RESIDENCIES(Farm TAR)
Policy Amount-
PROPOSED INSURED-
c. LOAN P0I_JCY OF TITLE INSURANCE(Form T-2)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
d. TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE(Farm T-2R)
Policy Amount:
PROPOSED INSURED:
Proposed Borrower:
e. LOAN TTTLE POLICY BINDER ON INTITERIM CONSTRUCTION LOAN(Farm T-13)
Binder Amount:
PROPOSED INSURED:
Proposed Borrower-
f. OTHER
Policy Amount:
PROPOSED INSURED:
2_ The interest in the land covered by this Commitment is:Fee Simple
3_ Record title to the land on the Effective Date appears to be vested in:
The City of Baytown,Texas,a home-rule municipality
FM 565-P00076351.001 -CRE-2023-0636 �� 11
Addenda (Continued)
Electronically Recorded Instrument:00104322 Back:OR Volume.1580 Page:106
Heather H.Hawthorne,County Clerk,Chambers County,Texas
SPECIAL WARRANTY DEED
(Public Lift Station Site)
NOTICE OF' CON)1{IDENTIALM RIGHTS' IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
MORMATI<ON FROM ANY INSTRUMENT THAT TRANSFERS AN YNTERE-ST INI
REAL PRO'KI-CfY BEFORE IT IS FILUD FOR RFCORIl IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSIE NIJMER.
THE STATE OF TEXAS §
§ la OW ALL NTM 13Y THESE PRESENTS THAT:
COUNTY OF CHAMBEI
AMERIPORT, LLG a Texas ]rtaaited liability conipa y, with afoes located at 3330 S.
Sam Houston PkA7. 1 , Houston, Harris County, Texas (hm-einafter called "GRANTOR"), for
and to consideration of the stain of Ten fmd Noll00 Dolly-s(SI0.00)and Acr guod aMd valulible
conszderatian, receipt of which is hereby w knG ledged,and pursuani to tlae terms of that c ant
Development Agmement behvem Chambem County Improvement Dl iet No. 2 and
GRANT (as hereinaflear deft d),dated ClcWber 24,2014(the "Agreeannnlj,l' GRANTED,
SOLD and CONVEYED, and by theie presents,does GRANT, SELL and CONVEY,unto The
City of Baytown.Ti:xas, a horne-rule municipality Located iia. Cbambe s and Awis Cotmties,
Texas("GRAN'TI;E"],that certain appmximaiely 0.2382 acres of head out of and part of the R-A.
Tarter Surrey, Abstract No. 205, Chambers County, Texas, des bed on Exhibit "A" attacisrai
hereto and made a part hereof for all ptuTases.
This convsyan=is ma&stud accepted subject to any and all matters of public zecord in
the Office of Cite County Cleric of Chambers County, Texas or ex€stir on the gmutid, to the
extent, and only to she extent, that the same may stall be in farce and effect. GRANTOR
warraats that GRANTOR has not imposed w granted to third parties any rewrv'a;iota,restriction,
easement, license or any other grant af'coti€tg tho above described pram ses that impairs the use
of the above dmcribed ptrmises for a public lift station.
Grantor assurnes rwponsibility for the payment of taxes for the year 2015 and for the
payment of all taxes for prior years.
TO HAVE AND TO HOLD the above described pr rn;ses, together with all and singulgr, s
the rights and appurtenances thereto in wise beloaging to said eRANTEE, its su=mrs and
assigris,forever and ORANTOR does hereby bind itself,and its successors,to WARRANT AND i
FOREVER DERV), all and singular the said prarnises unto the said GRA]N"TEE, its successors
and rtssigns,against every pmDn whomsoever laiwfiiily claiming or to clairn the same or any past
thtreulr,by,throue.or usader GRANTOR,but not otherwise,subject to the aforesaid rraWtttem
t
i
i
s
FM 565-P00076351.001 -CRE-2023-0636 12
Addenda (Continued)
Electronically Recorded Instrument:00104322 Book:OR Volume. 1580 Page:107
Heather H.Hawthome,County Clerk,Chambers County,Texas
WRO=This ds y cf.At �2015.
AMIFRIPORT,LLC,
a Texas zirtiterl Iiebilky company
By: NPH AwcrkPort,LLC,
a` r-m limited fia6ility
p8nY
By: &..--
Yffiche 3.Plank
iulaaager
THE STATE OF TEXAS §
C OUFN7Y OF HARMS �
This mstrumew was acknowledged before me on this SAJ-day of 2015,
by Mibxct J.Pluk,a-Mamger of NI PH A=PiPort,LLC,,Texas limited liability mp my and
the hlauager afArneriPort,LLC,ou behalf of said crni4es.
Notary lk6ta is and fm the
state r5rT it X A 5
(SEAL)
S
K'U G"N .Na!e 01 i7kOY
My commElpon FxpXe�
'+�'` lmrsrntia10�.241b
F
}
2
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i
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t
S
FM 565-P00076351.001 -CRE-2023-0636 �� 13
Addenda (Continued)
Electronically Recorded Instrument:00104322 Book:OR Volume. 1580 Page:108
Heather H_Hawthorne,County Clerk,Chambers County,Texas
APPROVED AND ACCEPTED thiv_76�y of �� a 3014•
TB.......... IF AY TEXAS
3Y= �r.
—_
Ron 3ottoms,Acting City Mmager
THE STATE OF TEXAS §
§
WbNNTY OF HAIiLRIS §
'Phis instrumartt was asAnoMcdged bea;ore me on this QL�> day of _ ,2015,
by Rm.Bottoms, AcUng City Manaw of the of Raytown, a I'exa� ttnicipal home-rule
carpontLicn,oa behalf of said enfiry
afary Public in and for
SwoofTEXAS
, .• tfltClA r,I..�SCH
NgiCaw P+jbk-,Safe c,iexos
J yryca�xnlea!r�;Px;s;es
FM 565-P00076351.001 CRE-2023-0636 �� 14
Addenda (Continued)
Electronically Retarded Instrument:00104322 Bock:6R Volume:1580 Page:109
HaWher H_H[aMh4mel,County Clerk,Chambers County,Texas
Exhibit A ,ndms*LaWSlarvIces,
L�D
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FM 565-P00076351.001 CRE-2023-0636 15
�, as
Addenda (Continued)
Electronically Recorded Instrument 00104322 Book:OR Volume.1580 Page:110
Heather H.Hawthoma,County Clerk,Chambers County,Texas
,W� 4
97
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_ Electronically Recorded Instrument Number
ici l Puhlic Records 00104322
? L � �l Book_ OR Volume:1580 Page:106
r Heather H. Hawthorne,County Clerk 07J0112615 02:30-00
Chambers County,Texas Fee.42.00 No-of Pages:5
Recorded by: LB
FM 565-P00076351.001 CRE-2023-0636 t 16
v,
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Addenda (Continued)
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FM 565-P00076351.001 -CRE-2023-0636 ��� 17
Addenda (Continued)
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FM 565-P00076351.001 CRE-2023-0636 ��� 18
Addenda (Continued)
Property Detail W97
ACCOUNT B
Parcel ID 54897
Legal Description 2051A-D-11 RA PORTER
Additional Legal Information
Additional Legal Information 2
Additional Legal Information 3 PERM.WAIVED AG 1286/484
Geographic ID 002D5-00101-OOD0o-22110D
Description Real Estate
Agent
Category Code XVC-EXEMPT-VACANT LESS T
Total Acres 0.2580
OWNER
Owner ID R21839
Name CITY OF BAYTOWN
Care of
Mailing Address BOX 424 BAYTOWN TX77522 0424
%Ownership 1.ODOOOD
Exemptions
LOCATION
Location FM 565 5 BAYTOWN TX
Map ID
FM 565-P00076351.001 CRE-2023-0636 �� 19
Addenda (Continued)
VALUES VALUES SHOWN ARE 2023 CEP71HED VALUES
Improvement Hs D
Improvement Nh5 D
Land Hs D
Land Nhs 9,290
Market Value 9,290
Land Market Value 0
Ag/Timher Value 0
Market Taxable 9,290
Homestead Cap Loss 0
Appraised Value 0
IMPROVEMENT BUILDING U
Sequence Type Class Condition %Good Year Built 5gft Total Value
LAND
Sequence Type Description Acres Sqft Eff Front Eff Depth Market Value Prod.Value
1 IRCP Irrigated cropland 0.2580 0.00 0.00 0,00 929D C
TAXING JURISDICTIONS
Entity Description Tax Rate Market Value Tastable Value
01 CHAMBERS COUNTY 0.3609710 9,29D 0
D1 R CHAMBERS COUNTY ROAD 0.0623720 9,29D 0
D1 SE Chambers Ca School Fund 0.0251520 9,29D 0
21 CITY OF BAYTOWN-IN DUST#3 0.00000DO 9,290 0
32 GOOSECREEKISD 0.7575000 9,29D 4
321S GOOSECREEK IS I&S 0.3250000 9,29D 0
64 LEE COLLEGE 0.2101000 9,29D 4
66 CEDAR BAYOU NAV fl.02000D0 9,29D 0
71 CHAMBERS CO IMP DIST#2 0.69000DO 9,29D 4
s!
FM 565-P00076351.001 -CRE-2023-0636 20
Addenda (Continued)
ROLL VALUE HISTORY
Year Improvements Land Ag/Timber Productivity Market Hs Cap Appraised
Market Taxable value Taxable Loss
2023 0 9,290 0 9,290 0 0
2022 D 9,29D 0 0 9,290 0 0
2021 D 4,640 0 0 4,640 0 0
202D D 4,640 0 0 4,640 0 0
2019 D 4,640 0 0 4,640 0
DEED HISTORY
Deed Date Deed Type Description Grantor Grantee Volume Page Number
D7-01-2015 S1N6 SPECIAL WARR DEED AMERIPORT LLC CITY OF BAYTOWN 1 580 106 104322
DISCLAIMER:Information provided for research purposes only.Legal descriptions and acreage amounts are for appraisal district use only and
should be verified prior to using for legal purpose and or documents.Please contact the Appraisal District to verify all information far accuracy.
FM 565-P00076351.001 -CRE-2023-0636 21
Addenda
July 21,2023
Parcel ID P00076351.001
Page 1 of 6
EXHIBIT"A"
County: Chambers
Highway: FM 565
Project Limits:From SH 99 to SH 146
R.O.W.CSJ: 1024-01-083
Const. CSJ: 1024-01-077
Project No.: A00062496
Property Description for P00076351.001
BEING 0.0472 acres(2,058 square feet)of land situated in the R.A. Porter Survey,Abstract No.
205, in the City of Baytown, Chambers County, Texas, said 0.0472 acres (2,058 square feet) of
land being a portion of a called 0.2582 acre tract of land described in Special Warranty Deed
from Ameriport,LLC to The City of Baytown,Texas, filed July 1,2015 and recorded in Volume
1580, Page 106 of the Official Public Records of Chambers County, Texas, said 0.0472 acres
(2,058 square feet)of land being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "WINDROSE" found for the south
corner of said called 0.2582 acre tract of land, said 5/8 inch iron rod with cap stamped
"WINDROSE"being an interior ell corner of a called 10.951 acre tract of land described in deed
to the Ameriport Building 13, LLC as recorded in Instrument No. 2021-164096 of said Official
Public Records of Chambers County, Texas, said 5/8 inch iron rod with cap stamped
"WINDROSE" being an interior ell corner of Block 1 Restricted Reserve "C" of Ameriport
Section 9 Minor Plat, an addition to the City of Baytown, Chambers County, Texas as recorded
in Instrument No. 2019-138650 of the Plat Records of Chambers County, Texas, from which a
5/8 iron rod with cap (destroyed) found for the east corner of said called 0.2582 acre tract of land
bears a chord bearing and distance of North 46 degrees 51 minutes 07 seconds East, a distance of
100.30 feet, said 5/8 iron rod with cap (destroyed) being an interior ell corner of said called
10.951 acre tract of land, said 5/8 iron rod with cap (destroyed) also being an interior ell comer
of said Block 1 Restricted Reserve"C";
FM 565-P00076351.001 -CRE-2023-0636 22
Addenda (Continued)
July 21,2023
Parcel ID P00076351.001
Page 2 of 6
EXHIBIT"A"
THENCE, North 44 degrees 03 minutes 57 seconds West, with the southwesterly line of said
called 0.2582 acre tract of land,with the most southerly northeasterly line of said called 10.951
acre tract of land and with the most southerly northeasterly line of said Block 1 Restricted
Reserve"C", a distance of 87.69 feet to a 5/8 inch iron rod with 2 inch aluminum disk stamped
"TX DEPT OF TRANSPORTATION PROPERTY CORNER" set for the POINT OF
BEGINNING and having surface coordinates of N13,855,733.52 and E3,271,822.73, said 5/8
inch iron rod with 2 inch aluminum disk stamped "TX DEPT OF TRANSPORTATION
PROPERTY CORNER" being the intersection of the southwesterly line of said called 0.2582
acre tract of land, the most southerly northeasterly line of said called 10.951 acre tract of land
and the most southerly northeasterly line of said Block 1 Restricted Reserve "C" with the
proposed southeasterly right-of-way line of FM 565 (right-of-way width varies), said 5/8 inch
iron rod with 2 inch aluminum disk stamped"TX DEPT OF TRANSPORTATION PROPERTY
CORNER" also being 80.00 feet Left of and at right angles to centerline Station 735+99.95 of
said FM 565;
(1) THENCE,North 44 degrees 03 minutes 57 seconds West,with the southwesterly line of
said called 02582 acre tract of land, with the most southerly northeasterly line of said
called 10.951 acre tract of land and with the most southerly northeasterly line of said
Block 1 Restricted Reserve"C", a distance of 20.02 feet to a calculated point for the west
corner of said called 0.2582 acre tract of land, said calculated point being the most
southerly north corner of said called 10.951 acre tract of land, said calculated point being
the most southerly north corner of said Block 1 Restricted Reserve "C", said calculated
point being in the southeasterly line of a called 8.0780 acre tract of land described as Part
1 in deed to the State of Texas as recorded in Volume 104,Page 441 of the Deed Records
of Chambers County, Texas, said calculated point also being in the existing southeasterly
right-of-way line of FM 565 (right-of-way width varies), from which a 5/8 inch iron rod
found for reference bears North 42 degrees 47 minutes 21 seconds West, a distance of
0.49 feet;
(2) THENCE,North 43 degrees 35 minutes 07 seconds East,with the northwesterly line of
said called 0.2582 acre tract of land,with the southeasterly line of said called 8.0780 acre
tract of land and with the existing southeasterly right-of-way line of said FM 565, a
distance of 103.15 feet to a calculated point for the north corner of said called 02582 acre
tract of land, said calculated point being the most northerly west corner of said called
10.951 acre tract of land, said calculated point being the most northerly west corner of
said Block 1 Restricted Reserve"C", said calculated point being in the southeasterly line
of said called 8.0780 acre tract of land, said calculated point also being in the existing
southeasterly right-of-way line of said FM 565, from which a 5/8 inch iron rod with cap
stamped "WINDROSE" found for reference bears North 42 degrees 39 minutes 59
seconds West,a distance of 0.27 feet;
FM 565-P00076351.001 -CRE-2023-0636 �� 23
Addenda (Continued)
July 21, 2023
Parcel ID P00076351.001
Page 3 of 6
EXHIBIT"A"
(3) THENCE, South 42 degrees 39 minutes 59 seconds East, with the northeasterly line of
said called 0.2582 acre tract of land, with the most northerly southwesterly line of said
called 10.951 acre tract of land and with the most northerly southwesterly line of said
Block 1 Restricted Reserve"C", a distance of 20.04 feet to a 5/8 inch iron rod with 2 inch
aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY CORNER"
set for the intersection of the northeasterly line of said called 0.2582 acre tract of land,the
most northerly southwesterly line of said called 10.951 acre tract of land and the most
northerly southwesterly line of said Block 1 Restricted Reserve "C" with the proposed
southeasterly right-of-way line of said FM 565, said 5/8 inch iron rod with 2 inch
aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY CORNER"
having surface coordinates of N=13,855,807.88 and E=3,271,893.51 and being 80.00 feet
Left of and at right angles to centerline Station 734+9730 of said FM 565;
(4) THENCE, South 43 degrees 35 minutes 07 seconds West, with the proposed
southeasterly right-of-way line of said FM 565, a distance of 102.66 feet to the POINT
OF BEGINNING and containing 0.0472 acres(2,058 square feet)of land.
FM 565-P00076351.001 -CRE-2023-0636 �� 24
Addenda (Continued)
July 21,2023
Parcel ID P00076351-001
Page 4 of 6
EXHIBIT"A"
NOTES:
The basis of bearing is the Texas State Plane Coordinate System of 1983 South Central Zone
(4204),North American Datum (NAD83), 2011 adjustment, EPOCH 2O10.00_ All distances and
coordinates shown are surface,unless otherwise noted,and may be converted to grid by dividing
by the TXDOT combined scale factor of 1.00013.Unit of measurement is U.S.Survey Feet_
A parcel plat of even date was prepared in conjunction with this property description_
Abstracting was completed in December,2022 through June,2023.
All stations and offsets shown are calculated relative to the project centerline (FM 565
centerline).
Access will be permitted to the remainder property abutting the highway facility.
I, Chris TZ Abbott, a Registered Professional Land Surveyor, do hereby certify that this
description and accompanying plat of even date is true and correct to the best of my knowledge
and belief and that the property described herein was determined by survey made on the ground
under my direction and supervision.
OF
Chris T.Abbott `� LP
Registered Professional Land Surveyor No_ 6407 CHRIS T. ABBO7
Gorrondona&Associates,Inc. � OpoFsao7SS
f0
2800 NE Loop 820,Suite 660 St1R��'�
Fort Worth,Texas 76137
Office 817-496-1424 Fax 817-496-1768
Texas Firm No. 10106900
FM 565-P00076351.001 -CRE-2023-0636 25
Addenda (Continued)
EXHIBIT " A " PAGE 5 of 6
NOTES
1. THE BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE
SYSTEM OF 1983 SOUTH CENTRAL ZONE (4204) NORTH AMERICAN
DATUM (NAD83), 2011 ADJUSTMENT, EPOCH 2O10.00. ALL DISTANCES
AND COORDINATES SHOWN ARE SURFACE, UNLESS OTHERWISE NOTED,
AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT
COMBINED SCALE FACTOR OF 1.00013. UNIT OF MEASUREMENT I5 U.S.
SURVEY FEET.
2. A PROPERTY DESCRIPTION OF EVEN DATE WAS PREPARED IN
CONJUNCTION WITH THIS PARCEL PLAT.
3. ABSTRACTING WAS COMPLETED IN DECEMBER, 2022 THROUGH JUNE,
2023.
4. ALL STATIONS AND OFFSETS SHOWN ARE CALCULATED RELATIVE TO
THE PROJECT CENTERLINE (FM 565 CENTERLINE).
5. ACCESS WILL BE PREMITTED TO THE REMAINDER PROPERTY
ABUTTING THE HIGHWAY FACILITY.
LEGEND
APPROXIMATE SURVEY LINE 4••.••..
EXISTING R.O.W. LINE
LOT LINE
PROPERTY LINE '
PROPOSED CENTERLINE —-—-—-—-—
PROPOSED ACCESS DENIAL LINE �•��F••���•�����•
PROPOSED R.O.W.
EXISTING EASEMENT LINE ---- n ----
BROKEN LINE
LAND HOOK (SAME OWNER)
TxDOT TYPE I CONCRETE MONUMENT FOUND ■
TxDOT TYPE II CONCRETE MONUMENT FOUND ❑•
TxDOT TYPE II CONCRETE MONUMENT WITH 4" BRASS
DISK STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION p
R.O.W." SET (UNLESS OTHERWISE NOTED)
MONUMENT FOUND (SIZE & TYPE NOTED)
CALCULATED POINT Q
5/8 INCH IRON ROD WITH A 2" ALUMINUM DISK
STAMPED "TX DIRT OF TRANSPORTATION PROPERTY O
CORNER" SET (UNLESS OTHERWISE NOTED)
ACRES AC.
DEED RECORDS OF CHAMBERS COUNTY, TEXAS D.R.C.C.T.
FARM TO MARKET ROAD FM
LEFT LT.
OFFICIAL PUBLIC RECORDS O.P.R.C.C.T.
OF CHAMBERS COUNTY, TEXAS
PLAT RECORDS OF CHAMBERS COUNTY, TEXAS P.R.C.C.T.
POINT OF BEGINNING P.O.B.
POINT OF COMMENCING P.O.C.
RIGHT RT.
RIGHT-OF-WAY R.O.W.
STATE HIGHWAY SH
SQUARE FEET SO. FT.
PLANIMETRICS LEGEND
O COMMUNICATION BOX
(FIBER OPTIC)
C DOWN GUY
OO ELECTRIC JUNCTION BOX
® ELECTRIC METER
❑T ELECTRIC TRANSFORMER
X X FENCE LINE
O FIRE HYDRANT
• LIGHT POLE
Ei— LIGHT STANDARD
I, CHRIS T. ABBOTT, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO 0 MANHOLE (UTILITY)
HEREBY CERTIFY THAT THIS PLAT AND ACCOMPANYING DESCRIPTION OF EVEN --OP---OP--- OVERHEAD ELECTRIC
DATE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND 0 SANITARY SEWER MANHOLE
THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY SURVEY MADE ON SIGN
THE GROUND UNDER MY DIRECTION AND SUPERVISION. 0 TELEPHONE HANDHOLE
0 UTILITY MARKER
0 F T UTILITY POLE
G �7ZrX-3 � �G FF ® WATER METER
2 P.•. \STfR '+ (� WATER VALVE
LJ;.Q lP
CHRIS T. aBeorr -•-••••••••••••••••••••••••••••••••••••�••••••• THE ACREAGE CALCULATED AND SHOWN
REGISTERED PROFESSIONAL LAND SURVEYOR CHRIS T. ABBOTT
TEXAS NO. 6407 •••••••••••••................•••w••••••• HEREON IS CONVERTED FROM THE SQUARE
GORRONDONA & ASSOCIATES, INC. ••. 6407 FOOTAGE SHOWN HEREON, AND IS FOR
2800 NE LOOP 820, SUITE 660 •9A FORT WORTH, TEXAS 76137 •'• �FfsS ->,� INFORMATIONAL PURPOSES ONLY.
'ISO''••..••,••,..
PHONE: 817-496-1424 S U R�
FAX: 817-496-1768
TEXAS FIRM NO. 10106900 *DENOTES A CALCULATED AREA 07/21/2023
®2023 PARCEL_ PLAT SHOWING PARCEL P00076351 . 001
PARCEL P00076351 . 001 NUMBER
ACRES SQUARE FEET
Texas FEDERAL AID PROJECT NO. STATE DISTRICT NO.ACQUISITION 0.0472 2,058
N/A FM 565 20
Department PARENT AREA 0.2582 *11,247
of Transportation SCALE FILE R.O.W. C.S.J N0. COUNTY
1 " = 50, 102401083_P00076351.001_PGO5 1624 01 083 CHAMBERS REMAINDER AREA LT. *0.2110 ■9,189
FM 565-P00076351.001 -CRE-2023-0636 �' 26
Addenda (Continued)
EXHIBIT " A " PAGE 6 OF 6
R. A. PORTER SURVEY
ABSTRACT NO. 205
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
EXISTING R.O.W.
STATE OF TEXAS
FM 565 VOLUME 104, PAGE 441
O.P.R.C.C.T.
PROPOSED CALLED ART I ACRES
SRoOoW. WIDTH VARIES)
CENTERLINE—, FILED: MARCH 2, 1990
S 43°35'07" W 91 2. 46'
— —i — — — — — — — -------------------i-- --------------- -------
737�00 735-,00 20' UTILITY EASEMENT
TO CITY OF BAYTOWN
INSTRUMENT NO. 00113044
0.P.R.C.C.T.
P00076351.001 CALLED 1.z41 e ACRES
FILED: DUNE 7, 2016
FOUND 5/8'' IRON ROD
FOUND 5/8'' WITH CAP STAMPED
IRON ROD BEARS "WINDROSE" BEARS
EXISTING R.O.W. N 42°47'21" W 0.49' L 3 N 42°39'59" W 0.27'
-- N -- ------------- 17
-3 J
_ _ N=1 3,855,807.88 "— —— _
L5------- E=3,271,893.51 P.O.B. PARCEL -—_ STA. 734 97.30
a0.00' LT. --
P00076351.001 -__-_
PROPOSED R.O.W.
N=13,655,733.52
i
E-3,271,822.73 OWNER: 30' MAGNOLIA PIPE
STA. 735,99.95 LINE COMPANY EASEMENT ,
80.00' LT. THE CITY OF VOLUME 178, PAGE 29
BAYTOWN, TEXAS D.R.C.C.T.
PORTION OF BLOCK 1 VOLUME 1580, PAGE 106 FILED: JUULYY 5, 1956AND
RESTRICTED RESERVE "C" 0°P.R. C.C.T. VOLUME 241, PAGE 506
AMERIPORT SECTION 9 CALLED 0.2582 ACRES 1).R.C.C.T.
MINOR PLAT FILED: JULY 1 2015 FILED: SEPTEMBER 21, 1962
INSTRUMENT NO. 2019-138650
P.R.C.C.T.
CALLED 28.9086 ACRES
FILED JANUARY 2, 2019 C1
i FOUND 5/8" IRON
ROD WITH CAP
OWNER: (DESTROYED) '
AMERIPORT BUILDING 13, '
INSTRUMENT NO. 2021-164096 P.O.C. PARCEL
o.P.R. %
CALLED 10.951 ACRES P00076351.001
FILED: FEBRUARY 10, 2021 FOUND 5/6" IRON
ROD WITH CAP
STAMPED "WINDROSE"
UNITED GAS PIPE
LINE COMPANY EASEMENT
VOLUME 308, PAGE 466
D.R.C.C.T.
i
FILED: AUGUST 11, 1969 BLOCK 1
RESTRICTED RESERVE "B"
AMERIPORT SECTION 9 /
MINOR PLAT /
INSTRUMENT NO. 2019-138650 /
P.R.C.C.T.
CALLED 10.9587 ACRES
LINE TABLE ' � �� FILED JANUARY 2, 2019
i
LINE BEARING DISTANCE
i Y
L1 N 44°03'57" W 87.69'
L2 N 44°03'57" W 20.02'
L3 N 43°35'07" E 103.15'
L4 5 42°39'59" E 20.04'
S s 43°35'07" W 02.66' GRAPHIC SCALE
50' 0 25' 50'
CURVE TABLE
CURVE RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH ARC LENGTH 1 ° = 501
Cl 3,410.00' 01°41'07"(LT.) N 46°51'07" E 100.30' 100.30' *DENOTES A CALCULATED AREA 07/21/2023
C)2023 PARCEL_ PLAT SHOWING PARCEL P00076351 . 001
i
PARCEL P00076351 . 001 NUMBER
ACRES SQUARE FEET
TeXaS FEDERAL AID PROJECT NO. STATE DISTRICT NO.ACQUISITION 0.0472 2,058
De artment N/A FM 565 20
p PARENT AREA 0.2582 *11,247
of Transportation SCALE FILE R.O.W.-C.S.J N0. COUNTY
1 " - 50, 102401083_P00076351.001_PG06 1024 01-083 CHAMBERS REMAINDER AREA LT. *0.2110 *9,189
FM 565-P00076351.001 -CRE-2023-0636 �� 27
Addenda
Addendum D
Correspondence
FM 565-P00076351.001 -CRE-2023-0636 28
Addenda
Cultivate Real Estate
110 S.Walnut Street
Weatherford,TX 76W6
VAT
December 21. 2D23
City of Baytown
Box 424 Baytownr Texas 77522
TxDOT Project:FM-565
Property Identification Parcel Number: PU0076351.001
Property Owneror Property Owner Representative:
The Texas Department of Transportation Commission has approved a redevelopment and improvement project to FM-565.The Texas
Department of Transportation is now proceeding with this project As part of the projecttearr Pape-Dawson Engineers,has been contracted
for the real estate right-of-array acquisition process.Cultivate Real Estate has been subcontracted to perform real estate appraisals of the
proposed right-of-way acquisitions. For your information, we have included a copy of the project survey for your property that has been
provided to us.
According to tax records you are an owner/representative of the above-referenced property,which has been identified as part of the proposed
public project. Cuftivate Real Estate has been asked to appraise your property as identified on the project maps. In order to meet federal
regulations,it is necessary that we make owner contact in conjunction with the appraisal.It is not mandatory that you accompany us
during the property inspection, but we would like to request your permission to allow our representatives to access your property to
perform the necessary tasks to complete the appraisal process.These tasks include measuring and photographing the property.
If you would like to accompany us on an inspection, please call or email us to make arrangements.Your point of contact at Cultivate
Real Estate for the purpose of arranging this inspection is Colt Janes.Mr.Janes may be contacted directly at{817}556-6666 or
emai led at Calt0CultivateRE.net.
At the request of TxDOT, please return the enclosed "Pre-Appraisal Contact with Property Owners"farm that you find attached to this
letter.
Your prompt attention to this matter will be greatly appreciated.We look forward to hearing from you or your representatives,and we
appreciate your diligence and cooperation in this project.
Respectfully,
CULTIVATE REAL ESTATE
M.Colt Jones,MAI,SRA,RJW-AC-Managing Partner
(817)550-6666
Colt@CultivateR E.n et
CULTIVATE REAL ESTATE
FM 565-P00076351.001 -CRE-2023-0636 29
Addenda (Continued)
Af
Form ROW-A-PAC
(Rev.M11)
Pawl of 2
PRE-APPRAISAL CONTACT WITH PROPERTY OWNERS
1. County: Chambers 2. CSJ No.: 1024-01-083 3. Parcel No.: P00076351 M
4. District: Beaumont
5. Whole Taking ❑ Partial Taking ® 6. Other:
7. Address of Property: FM-565
8. Property Owner: City of Baytown 9. Phone:
10. Occupant's Name: 11. Phone:
12. Type of Improvements:
13. Hazardous Materials:
14. Underground Improvements:
15. Fence Ownership(100%8r Partnership Interests):
16. Use of Improvements:
17. Number of Lots Under Common Usage and Location Relative to Subject:
18. Leases:
19. Liens:
20. Contract of Sale:
21. Are there any advertising signs or billboards on the property? Yes ❑ No ❑
If YES,answer questions on page 2. If NO,disregard page 2.
22. Describe ownership and lease terms:
23. Remarks:
Cate By
FM 565-P00076351.001 -CRE-2023-0636 �� 30
Addenda (Continued)
Form ROW-A-PAC
(Rev.M11)
Page 2 of 2
The following applies ONLY if the answer to#21 on page 1 is YES:
1. Are there any advertising signs(billboards) located within the right of way being acquired(including the overhead
portion encroaching out over the right of way,even when the base is outside of the right of way,
• Is the sign owned by the landowner?Yes ❑ No ❑
• Is the sign used only to advertise a business being conducted on the property? Yes ❑ No ❑
2. If the sign is not owned by the landowner:
• By what authority or authorization is the sign allowed upon the property?
• If authorized by written agreement please provide a copy of such agreement (lease agreement usually)or
provide as much information as possible regarding any agreement authorizing the sign(such as whether there
is in fact a written agreement, even though a copy may not be obtained from the landowner or the sign
owner, how long the sign has been on the property,and when does the current agreement expire).
What is the permit number of the sign structurer if any.
• If the parcel is only a partial acquisitions sa there is a remainder,is the property owner willing to allow the sign
owner to move and relocate the sign onto the remainder?Yes ❑ No ❑
FM 565-P00076351.001 -CRE-2023-0636 �� 31
Addenda
PRE-APPRAISAL INFORMATION SHEET
From: SH 99.West To' Sl1 146
RCS3: 10?A-01-083-083 PARCEL:00076351
WHOLE TAKING PARTIAL TAKING X
Property Owner(s): O�- 4-bv4n
Address of property 1 Y'I 1r
N[ailing Address{s}: ] T1 &Mh>V 1 1 `
Phone Number(s)& E-mail: r t m Y nvurn -3Y
Purchase Date of Property; I Liens?: N Q
TenantlContract for Sale: Name):
[Address): Phone
Describe Terms;
Type, Age, and U9 a of Improvements:
Underground Improvernents: lj
Total acreage of land in contiguous ownership:
Use of Land. Cultivated Grazing:- Imp. PiLswre Other.[ 0 )
Fence Ownership: Type of Fence.,
Water and Crss Supply Source;
Oil, Gas, or Water wells: Depth:
Easements: Contract for Sale?
Advertising Signs; Yes-,Vo. Owned or Leased?
Right of Entry is granted to Texas Department of Transportation assigned Fee appraisers and
other personnel only for the purpose of appraising.
By
DATE
Additional Remarks:
FM 565-P00076351.001 -CRE-2023-0636 32
Addenda
Postal Service
DomesticCERTIFIED MAILqRECEIPT
0
9Q0 7 15
Certified Mail Fee II
ITZ
$ $4.35
EXtrtf Services&Fees{cherkhox,add fee ate}
Cn Retum Receipt(hardcopy) $ $0.00 _-
0 ❑Return Receipt(electronic) S PoStmark
E] ❑Certified Mail Restricted❑elivery $ r 11JJ Here
© ❑Adult Signature Required $ ' +�
❑Adult Signature Restricted Delivery$ ■CIO
ly
Postage
ir 40.66 M Total Postage and Fees 12/21/2023
8a56
rqSent To
Street ariorAp[No., ---
CL
---gip ---- --- -- --- - - -- ---------------
fill
7530-02-000-9047 See Reverse for Instructions
The green card receipt has not been returned and the information below was obtained for the United States
Postal Service website. However, we know the City of Baytown received the documents since Ms. Patterson
contacted our office.
Tracking Number;
7018309000084948078
Copy 5t*Add to Informed Delivery
Status Not Available
The tracking number may be incorrect or the status update is not yet available.Please verify your tracking number and try again later.
FM 565-P00076351.001 -CRE-2023-0636 33
EXHIBIT "C"
® Form ROW-N-PUAIC
(Rev.11/20)
1s Page 1 of 5
POSSESSION AND USE AGREEMENT FOR TRANSPORTATION PURPOSES
WITH ADDITIONAL PAYMENT OF INDEPENDENT CONSIDERATION
STATE OF TEXAS § ROW CSJ: 1024-01-083
§ Parcel ID: P00076351
COUNTY OF CHAMBERS § Project No.: N/A
This Possession and Use Agreement For Transportation Purposes (the"Agreement") between the State of
Texas, acting by and through the Texas Department of Transportation (the "State"), and The City of
Baytown, Texas, a home-rule municipality (the "Grantor" whether one or more), grants to the State, its
contractors, agents and all others deemed necessary by the State, an irrevocable right to possession and
use of the Grantor's property for the purpose of constructing a portion of Highway No. FM 565 (the
"Highway Construction Project"). The property subject to this Agreement is described more fully in field
notes and plat map (attached as "Exhibit A") and made a part of this Agreement by reference (the
"Property").
1. For the consideration paid by the State which is set forth in Paragraphs 2 and 3 below, the receipt and
sufficiency of which is acknowledged, the Grantor grants, bargains, sells and conveys to the State of
Texas the right of entry and exclusive possession and use of the Property for the purpose of
constructing a highway and appurtenances thereto and the right to remove any improvements.
Authorized activities include surveying, inspection, environmental studies, archeological studies,
clearing, demolition, construction of permanent improvements, relocating, replacing, and improving
existing utility facilities, locating new utility facilities, and other work required to be performed in
connection with the Highway Construction Project. This Agreement will extend to the State, its
contractors and assigns, owners of any existing utilities on the Property and those which may be
lawfully permitted on the Property by the State in the future, and all others deemed necessary by the
State for the purpose of the Highway Construction Project. This grant will allow the construction,
relocation, replacement, repair, improvement, operation and maintenance of utilities on the Property.
2. In full consideration for this irrevocable grant of possession and use and other Grantor covenants,
warranties, and obligations under this Agreement,the State will tender to the Grantor the sum of ZERO
Dollars ($0.00). The Grantor agrees that this sum represents adequate and full compensation for the
possession and use of the Property.The State will be entitled to take possession and use of the Property
upon tender of payment. The parties agree that the sum tendered represents 0.00 percent of the State's
approved value, which assumes no adverse environmental conditions affecting the value of the
Property. The approved value is the State's determination of the just compensation owed to the
Grantor for the real property interest to be acquired by the State in the Property, encumbered with the
improvements thereon, if any, and damages to the remainder, if any, save and except all oil, gas and
sulphur. The parties agree that the sum tendered to Grantor will be deducted from any final settlement
amount, Special Commissioners' award or court judgment. In the event the amount of the final
settlement or judgment for acquisition of the Property is less than the amount the State has paid for
the possession and use of the Property, then the Grantor agrees that the original amount tendered
represents an overpayment for the difference and,upon written notice from the State, the Grantor will
promptly refund the overpayment to the State.
Form ROW-N-PUAIC
(Rev.11/20)
Parcel ID:P00076351
Page 2 of 5
3. As additional consideration, the State will tender to the Grantor the sum of THREE THOUSAND
AND NOI100 DOLLARS ($3,000.00), the receipt and sufficiency of which is acknowledged. The
parties agree that the sum tendered under this Paragraph 3:
(i) is independent consideration for the possession and use of Grantor's Property and represents no
part of the State's compensation to be paid for the anticipated purchase of the Property; and
(ii) will not be refunded to the State upon any acquisition of the Property by the State.
4. The effective date of this Agreement will be the date on which payment pursuant to Paragraphs 2 and
3 above was tendered to the Grantor by the State, or disbursed to the Grantor by a title company acting
as escrow agent for the transaction, (the "Effective Date").
5. The Grantor warrants and represents that the title to the Property is free and clear of all liens and
encumbrances or that proper releases will be executed for the Property prior to funds being disbursed
under this Agreement. The Grantor further warrants that no other person or entity owns an interest in
the fee title to the Property and further agrees to indemnify the State from all unreleased or undisclosed
liens, claims or encumbrances affecting the Property.
6. The parties agree that the valuation date for determining the amount of just compensation for the real
property interest proposed to be acquired by the State in the Property, for negotiation or eminent
domain proceeding purposes, will be the Effective Date of this Agreement.
7. This Agreement is made with the understanding that the State will continue to proceed with acquisition
of a real property interest in the Property. The Grantor reserves all rights of compensation for the title
and interest in and to the Property which the Grantor holds as of the time immediately prior to the
Effective Date of this Agreement. This Agreement shall in no way prejudice the Grantor's rights to
receive full and just compensation as allowed by law for all of the Grantor's interests in and to the
Property to be acquired by the State, encumbered with the improvements thereon,if any, and damages,
if any, to the remainder of the Grantor's interest in any larger tract of which the Property is a part(the
"Remainder"), if any; all as the Property exists on the Effective Date of this Agreement. The State's
removal or construction of improvements on the Property shall in no way affect the fair market value
of the Property in determining compensation due to the Grantor in the eminent domain proceedings.
There will be no project impact upon the appraised value of the Property. This grant will not prejudice
the Grantor's rights to any relocation benefits for which Grantor may be eligible.
8. In the event the State institutes or has instituted eminent domain proceedings, the State will not be
liable to the Grantor for interest upon any award or judgment as a result of such proceedings for any
period of time prior to the date of the award. Payment of any interest may be deferred by the State
until entry of judgment.
9. The purpose of this Agreement is to allow the State to proceed with its Highway Construction Project
without delay and to allow the Grantor to have the use at this time of a percentage of the estimated
compensation for the State's acquisition of a real property interest in the Property. The Grantor
expressly acknowledges that the proposed Highway Construction Project is for a valid public use and
voluntarily waives any right the Grantor has or may have, known or unknown, to contest the
jurisdiction of the court in any condemnation proceeding for acquisition of the Property related to the
Highway Construction Project, based upon claims that the condemning authority has no authority to
acquire the Property through eminent domain, has no valid public use for the Property, or that
Form ROW-N-PUAIC
(Rev.11/20)
Parcel ID:P00076351
Page 3 of 5
acquisition of the Property is not necessary for the public use.
10. The Grantor reserves all of the oil, gas and sulphur in and under the land herein conveyed but waives
all right of ingress and egress to the surface for the purpose of exploring, developing, mining or
drilling. The extraction of oil, gas and minerals may not affect the geological stability of the surface.
Nothing in this reservation will affect the title and rights of the State to take and use all other minerals
and materials thereon, and thereunder.
11. The undersigned Grantor agrees to pay as they become due, all ad valorem property taxes and special
assessments assessed against Property, including prorated taxes for the year in which the State takes
possession under this agreement.
12. Notwithstanding the acquisition of right of possession to the Property by the State in a condemnation
proceeding by depositing the Special Commissioners' award into the registry of the court, less any
amounts tendered to the Grantor pursuant to Paragraph 2 above, this Agreement shall continue to
remain in effect until the State acquires title to the Property either by negotiation, settlement, or final
court judgment.
13. This Agreement will also extend to and bind the heirs, devisees, executors, administrators, legal
representatives, successors in interest and assigns of the parties.
14. It is agreed the State will record this document.
15. Other conditions: None.
To have and to hold the Agreement herein described and conveyed, together with all the rights and
appurtenances belonging to the State of Texas and its assigns forever, for the purposes and subject to the
limitations set forth above.
Form ROW-N-PUAIC
(Rev.11/20)
Parcel ID:P00076351
Page 4 of 5
GRANTOR:
BY:
Printed Name:
Title:
(if Grantor is an entity other than an individual person)
Date: T
Corporate Acknowledgment
State of Texas
County of Harris
This instrument was acknowledged before me on by
of The City of Baytown, Texas, a Texas home-rule municipality, on behalf of said entity. The
acknowledging person personally appeared by:
❑ physically appearing before me.
❑ appearing by an interactive two-way audio and video communication that meets the requirements for
online notarization under Texas Government Code chapter 406, subchapter C.
Notary Public's Signature
Form ROW-N-PUAIC
(Rev.11/20)
Parcel ID:P00076351
Page 5 of 5
THE STATE OF TEXAS
Executed by and approved for the Texas Transportation
Commission for the purpose and effect of activating and or
carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation
Commission.
By:
Greg Polasek, ROW Project Delivery Manager
Date:
July 21, 2023
Parcel ID P00076351.001
Page 1 of 6
EXHIBIT"A"
County: Chambers
Highway: FM 565
Project Limits: From SH 99 to SH 146
R.O.W. CSJ: 1024-01-083
Const. CSJ: 1024-01-077
Project No.: A00062496
Property Description for P00076351.001
BEING 0.0472 acres (2,058 square feet) of land situated in the R.A. Porter Survey, Abstract No.
205, in the City of Baytown, Chambers County, Texas, said 0.0472 acres (2,058 square feet) of
land being a portion of a called 0.2582 acre tract of land described in Special Warranty Deed
from Ameriport, LLC to The City of Baytown, Texas, filed July 1, 2015 and recorded in Volume
1580, Page 106 of the Official Public Records of Chambers County, Texas, said 0.0472 acres
(2,058 square feet) of land being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "WINDROSE" found for the south
corner of said called 0.2582 acre tract of land, said 5/8 inch iron rod with cap stamped
"WINDROSE"being an interior ell corner of a called 10.951 acre tract of land described in deed
to the Ameriport Building 13, LLC as recorded in Instrument No. 2021-164096 of said Official
Public Records of Chambers County, Texas, said 5/8 inch iron rod with cap stamped
"WINDROSE" being an interior ell corner of Block 1 Restricted Reserve "C" of Ameriport
Section 9 Minor Plat, an addition to the City of Baytown, Chambers County, Texas as recorded
in Instrument No. 2019-138650 of the Plat Records of Chambers County, Texas, from which a
5/8 iron rod with cap (destroyed) found for the east corner of said called 0.2582 acre tract of land
bears a chord bearing and distance of North 46 degrees 51 minutes 07 seconds East, a distance of
100.30 feet, said 5 8 iron rod with cap (destroyed) being an interior ell corner of said called
10.951 acre tract of land, said 5/8 iron rod with cap (destroyed) also being an interior ell corner
of said Block 1 Restricted Reserve"C",
July 21, 2023
Parcel ID P00076351.001
Page 2 of 6
EXHIBIT "A"
THENCE, North 44 degrees 03 minutes 57 seconds West, with the southwesterly line of said
called 0.2582 acre tract of land, with the most southerly northeasterly line of said called 10.951
acre tract of land and with the most southerly northeasterly line of said Block 1 Restricted
Reserve "C", a distance of 87.69 feet to a 518 inch iron rod with 2 inch aluminum disk stamped
"TX DEPT OF TRANSPORTATION PROPERTY CORNER" set for the POINT OF
BEGINNING and having surface coordinates of N==13,855,733.52 and E->3,271,822.73, said 5;8
inch iron rod with 2 inch aluminum disk stamped "TX DEPT OF TRANSPORTATION
PROPERTY CORNER" being the intersection of the southwesterly line of said called 0.2582
acre tract of land, the most southerly northeasterly line of said called 10.951 acre tract of land
and the most southerly northeasterly line of said Block 1 Restricted Reserve "C" with the
proposed southeasterly right-of-way line of FM 565 (right-of-way width varies), said 518 inch
iron rod with 2 inch aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY
CORNER" also being 80.00 feet Left of and at right angles to centerline Station 735+99.95 of
said FM 565;
(1) THENCE, North 44 degrees 03 minutes 57 seconds West, with the southwesterly line of
said called 0.2582 acre tract of land, with the most southerly northeasterly line of said
called 10.951 acre tract of land and with the most southerly northeasterly line of said
Block 1 Restricted Reserve "C", a distance of 20.02 feet to a calculated point for the west
corner of said called 0.2582 acre tract of land, said calculated point being the most
southerly north corner of said called 10.951 acre tract of land, said calculated point being
the most southerly north corner of said Block 1 Restricted Reserve "C", said calculated
point being in the southeasterly line of a called 8.0780 acre tract of land described as Part
1 in deed to the State of Texas as recorded in Volume 104, Page 441 of the Deed Records
of Chambers County, Texas, said calculated point also being in the existing southeasterly
right-of-way line of FM 565 (right-of-way width varies), from which a 5/8 inch iron rod
found for reference bears North 42 degrees 47 minutes 21 seconds West, a distance of
0.49 feet;
(2) THENCE, North 43 degrees 35 minutes 07 seconds East, with the northwesterly line of
said called 0.2582 acre tract of land, with the southeasterly line of said called 8.0780 acre
tract of land and with the existing southeasterly right-of-way line of said FM 565, a
distance of 103.15 feet to a calculated point for the north corner of said called 0.2582 acre
tract of land, said calculated point being the most northerly west corner of said called
10.951 acre tract of land, said calculated point being the most northerly west corner of
said Block 1 Restricted Reserve "C", said calculated point being in the southeasterly line
of said called 8.0780 acre tract of land, said calculated point also being in the existing
southeasterly right-of-way line of said FM 565, from which a 5/8 inch iron rod with cap
stamped "WINDROSE" found for reference bears North 42 degrees 39 minutes 59
seconds West, a distance of 0.27 feet;
July 21, 2023
Parcel ID P00076351.001
Page 3 of 6
EXHIBIT"A"
(3) THENCE, South 42 degrees 39 minutes 59 seconds East, with the northeasterly line of
said called 0.2582 acre tract of land, with the most northerly southwesterly line of said
called 10.951 acre tract of land and with the most northerly southwesterly line of said
Block 1 Restricted Reserve"C", a distance of 20.04 feet to a 5:'8 inch iron rod with 2 inch
aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY CORNER"
set for the intersection of the northeasterly line of said called 0.2582 acre tract of land, the
most northerly southwesterly line of said called 10.951 acre tract of land and the most
northerly southwesterly line of said Block 1 Restricted Reserve "C" with the proposed
southeasterly right-of-way line of said FM 565, said 5/8 inch iron rod with 2 inch
aluminum disk stamped "TX DEPT OF TRANSPORTATION PROPERTY CORNER"
having surface coordinates of N =13,855,807.88 and E-3,271,893.51 and being 80.00 feet
Left of and at right angles to centerline Station 734+97.30 of said FM 565;
(4) THENCE, South 43 degrees 35 minutes 07 seconds West, with the proposed
southeasterly right-of-way line of said FM 565, a distance of 102.66 feet to the POINT
OF BEGINNING and containing 0.0472 acres (2,058 square feet) of land.
July 21, 2023
Parcel ID P00076351.001
Page 4 of 6
EXHIBIT "A"
NOTES:
The basis of bearing is the Texas State Plane Coordinate System of 1983 South Central Zone
(4204), North American Datum (NAD83), 2011 adjustment, EPOCH 2O10.00. All distances and
coordinates shown are surface, unless otherwise noted, and may be converted to grid by dividing
by the TXDOT combined scale factor of 1.00013. Unit of measurement is U.S. Survey Feet.
A parcel plat of even date was prepared in conjunction with this property description.
Abstracting was completed in December, 2022 through June, 2023.
All stations and offsets shown are calculated relative to the project centerline (FM 565
centerline).
Access will be permitted to the remainder property abutting the highway facility.
I, Chris T. Abbott, a Registered Professional Land Surveyor, do hereby certify that this
description and accompanying plat of even date is true and correct to the best of my knowledge
and belief and that the property described herein was determined by survey made on the ground
under my direction and supervision.
Chris T. Abbott
Registered Professional Land Surveyor No. 6407 CHRIS T. ABBOTT
Gorrondona & Associates, Inc. r=:% 6407 Pvt�
°§ss�o
2800 NE Loop 820, Suite 660 �� �S U R`4
Fort Worth, Texas 76137
Office 817-496-1424 Fax 817-496-1768
Texas Firm No. 10106900
EXHIBIT '' A '' PAGE 5 OF 6
NOTES
1. THE BASIS OF BEARING IS THE TEXAS STATE PLANE COORDINATE
SYSTEM OF 1983 SOUTH CENTRAL ZONE (4204) NORTH AMERICAN
DATUM (NAD83), 2011 ADJUSTMENT, EPOCH 2O10.00. ALL DISTANCES
AND COORDINATES SHOWN ARE SURFACE, UNLESS OTHERWISE NOTED,
AND MAY BE CONVERTED TO GRID BY DIVIDING BY THE TxDOT
COMBINED SCALE FACTOR OF 1.00013. UNIT OF MEASUREMENT IS U.S.
SURVEY FEET.
2. A PROPERTY DESCRIPTION OF EVEN DATE WAS PREPARED IN
CONJUNCTION WITH THIS PARCEL PLAT.
3. ABSTRACTING WAS COMPLETED IN DECEMBER, 2022 THROUGH JUNE,
2023.
4. ALL STATIONS AND OFFSETS SHOWN ARE CALCULATED RELATIVE TO
THE PROJECT CENTERLINE (FM 565 CENTERLINE).
5. ACCESS WILL BE PREMITTED TO THE REMAINDER PROPERTY
ABUTTING THE HIGHWAY FACILITY.
LEGEND:
APPROXIMATE SURVEY LINE �•�m•� •+••••�•
EXISTING R.O.W. LINE
LOT LINE - - - - - - - - - -
PROPERTY LINE P
PROPOSED CENTERLINE —-—-—-—-—
PROPOSED ACCESS DENIAL LINE �•��F••i�f•�����•
PROPOSED R.O.W.
EXISTING EASEMENT LINE ----------
BROKEN LINE
LAND HOOK (SAME OWNER)
Tx00T TYPE I CONCRETE MONUMENT FOUND
TxDOT TYPE II CONCRETE MONUMENT FOUND OO
TxDOT TYPE 11 CONCRETE MONUMENT WITH 4" BRASS
DISK STAMPED "TEXAS DEPARTMENT OF TRANSPORTATION ❑
R.O.W." SET (UNLESS OTHERWISE NOTED)
MONUMENT FOUND (SIZE & TYPE NOTED)
CALCULATED POINT p
5/8 INCH IRON ROD WITH A 2" ALUMINUM DISK
STAMPED "TX DEPT OF TRANSPORTATION PROPERTY 0
CORNER" SET (UNLESS OTHERWISE NOTED)
ACRES AC.
DEED RECORDS OF CHAMBERS COUNTY, TEXAS D.R.C.C.T.
FARM TO MARKET ROAD FM
LEFT LT.
OFFICIAL PUBLIC RECORDS O.P.R.C.C.T.
OF CHAMBERS COUNTY, TEXAS
PLAT RECORDS OF CHAMBERS COUNTY, TEXAS P.R.C.C.T.
POINT OF BEGINNING P.O.B.
POINT OF COMMENCING P.O.C.
RIGHT RT.
RIGHT-OF-WAY R.O.W.
STATE HIGHWAY SH
SQUARE FEET SO. FT.
PLANIMETRICS LEGEND
COMMUNICATION BOX
(FIBER OPTIC)
DOWN GUY
ELECTRIC JUNCTION BOX
ELECTRIC METER
ELECTRIC TRANSFORMER
FENCE LINE
FIRE HYDRANT
LIGHT POLE
LIGHT STANDARD
I, CHRIS T. ABBOTT, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO MANHOLE (UTILITY)
HEREBY CERTIFY THAT THIS PLAT AND ACCOMPANYING DESCRIPTION OF EVEN OVERHEAD ELECTRIC
DATE IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND SANITARY SEWER MANHOLE
THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED BY SURVEY MADE ON SIGN
THE GROUND UNDER MY DIRECTION AND SUPERVISION. TELEPHONE HANDHOLE
UTILITY MARKER
O F UTILITY POLE
'• F WATER METER
7 ►�-s- �? �.:-7 WATER VALVE
-v 7 �;'Q lnl O .;U)
CHRIS T. ABBOTT .•••..•..•.. .............. THE ACREAGE CALCULATED AND SHOWN
......... .... .......
REGISTERED PROFESSIONAL LAND SURVEYOR CHRIS T. ABBOTT
TEXAS NO. 6407 ............................................. HEREON IS CONVERTED FROM THE SQUARE
GORRONDONA & ASSOCIATES, INC. '.Op 6407 P;'Q- FOOTAGE SHOWN HEREON, AND IS FOR
2800 NE LOOP 820, SUITE 660 y op � INFORMATIONAL PURPOSES ONLY.
FORT WORTH, TEXAS 76137 !........ .••'��
PHONE: 817-496-1424 S U R�
FAX: 817-496-1768
TEXAS FIRM NO. 10106900 *DENOTES A CALCULATED AREA 07/21/2023
02023 PARCEL PLAT SHOWING PARCEL P00076351 . 001
PARCEL P00076351 . 001 NUMBER
ACRES SQUARE FEET
Texas FEDERAL AID PROJECT NO. F M 565 STATE DISTRICT N0.ACQUISITION 0.0472 2,058
Department GALE FILE R.O.W. C. N0. COUQNTY PARENT AREA 0.2582 M11,247
ofTransportatlon 1 " = 50' 102401083_P00076351.001-PG05 1024-01-083 CHAMBERS REMAINDER AREA LT. 10.2110 M9,189
EXHIBIT " A11 PAGE 6 OF 6
R. A. PORTER SURVEY
ABSTRACT NO. 205
CITY OF BAYTOWN
CHAMBERS COUNTY, TEXAS
EXISTING R.O.W.
STATE OF TEXAS
VOLUME 104, PAGE 441
FM 565 0 P.R.C.C.T.
PROPOSED CALLED PART 80 ACRES
(R.O.W. WIDTH VARIES)
CENTERLINE FILED: MARCH 2, 1990
S 43° 35'07" W 91 2. 46'
— —--------- --------------------------I------------------1--------
737+00 735.00 20' UTILITY EASEMENT
TO CITY OF BAYTOWN
INSTRUMENT NO. 00113044
0.P.R.C.C.T.
P00076351 . 001 CALLED 1.241 B ACRES
FILED: JUNE 7, 2016
FOUND 5/8" IRON ROD
FOUND 5/8" WITH CAP STAMPED
IRON ROD BEARS "WINDROSE" BEARS
EXISTING R.O.W. N 42'47'21" W 0.49• L 3 N 42°39'59" W 0.27'
--————————----
-------
.J
.—————_ _ _ N=13,855,807.88 ---
P.0. B. PARCEL - - - --- L 5 --- -—_ STA.2734.97.30
80.00' LT. -—
P00076351.001
PROPOSED R.O.W. -' ----
N=13,855,733.52 '
E=3,271,822.73 OWNER: 30' MAGNOLIA PIPE
STA. 735.99.95 THE CITY OF LINE COMPANY EASEMENT ,
80.00' LT. VOLUME 178, PAGE 29
BAYTOWN, TEXAS D.R.C.C.T.
PORTION OF BLOCK I VOLUME 1580, PAGE 106 FILED: JUULYY 5, 1956AND
RESTRICTED RESERVE "C" 0. P. R. C. C. T. VOLUME 241, PAGE 506 i
AMERIPORT SECTION 9 CALLED 0. 2582 ACRES D.R.C.C.T.
MINOR PLAT FILED: JULY 1, 2015 FILED: SEPTEMBER 21, 1962
INSTRUMENT NO' 2019-138650
P.R.C.C.T.
CALLED 28.9086 ACRES /
FILED: JANUARY 2, 2019 CI
� FOUND 5/8" IRON
ROD WITH CAP
OWNER: (DESTROYED)
AMERIPORT BUILDING 13, LLC ' �i�i�
INSTRUMENT NO. 2021-1 64096 P.O. C. PARCEL
i
0.P.R.C.C.T. P00076351 . 001
CALLED 10.951 ACRES
FILED: FEBRUARY 10, 2021 FOUND 5/8" IRON
ROD WITH CAP
UNITED GAS PIPE / STAMPED "WI NDROSE"
LINE COMPANY EASEMENT
VOLUME 308, PAGE 466
D.R.C.C.T.
FILED: AUGUST 1 1, 1969 '/ �' BLOCK 1
RESTRICTED RESERVE "B"
AMERIPORT SECTION 9 /
MINOR PLAT /
INSTRUMENT NO. 2019-138650 /
P.R.C.C.T. /
CALLED 10.9587 ACRES /
FILED: JANUARY 2, 2019
LINE TABLE
LINE BEARING DISTANCE
LI N 44°03'57" W 87.69'
L2 N 44°03'57" W 20.02'
L3 N 43°35'07" E 103.15'
L4 S 42°39'59" E 20.04'
L5 S 43'35'07" W 102.66' GRAPHIC SCALE
50' 0 25' 50'
CURVE TABLE
CURVE I RADIUS I DELTA ANGLE ICHORD BEARING ICHORD LENGTHI ARC LENGTH 1 _ 50'
CI 3,410.00' 01°41'07"(LT.) N 46-51.07" E 1 100.30' 1 100.30' *DENOTES A CALCULATED AREA 07/21/2023
(02023 PARCEL PLAT SHOWING PARCEL P00076351 . 001
PARCEL P00076351 . 001 NUMBER
ACRES SQUARE FEET
Texas FEDERAL AID PROJECT NO. F M 565 STATE DISTRICT No.ACQUISITION 0.0472 2,058
Department N/A 20 PARENT AREA 0.2582 *11,247
ofTransportatlon SCALE FILE R.O.W.-C.S.J NO. COUNTY
1 " = 50' 102401083-P00076351.001-PG06 1024-01-083 CHAMBERS REMAINDER AREA LT. -0.2110 *9,189
