Ordinance No. 16,432 (Item 8.b.) ORDINANCE NO. 16,432
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH WEST
TEXAS DRUM COMPANY, LTD.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of Baytown, Texas, hereby authorizes and directs the
Mayor and City Clerk of the City of Baytown to execute and attest to an Industrial District Agreement with
West Texas Drum Company, Ltd. A copy of said agreement is attached hereto, marked Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City council of the City of
j :thS
own, i 23`d day of March, 2026.
•
ARLES JO , Mayor
f —`VYTOM,,R h.It
��` asosoeenn,4 j' ,f
/
ANGEL Al ' SON,City Clerk i>.yi
A ho /
`0. A•ry
APPROVED I FORM: ' .-, 'a
.of,
SCOTT LE •ND,City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-03-23\Authorizing Industrial District Agreement with West Texas Drum Company,
Ltd..kh.docx
EXHIBIT "A"
Industrial District Agreement
This Industrial District Agreement ('`Agreement") is made and entered into between the
City of Baytown, Texas, a municipal corporation in Harris and Chambers Counties, Texas,
hereinafter also referred to as "Baytown" or "City," and West Texas Drum Company, Ltd.,
hereinafter referred to as "Property Owner." In consideration of the promises and of the mutual
covenants and agreements herein contained, it is agreed by and between the City' and Property
Owner as follows:
Parties
This Agreement is made under the authority of Texas Local Government Code Annotated
§42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The
parties to the Agreement and their addresses are:
1. The "City"
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Ann: City Attorney
P.O. Box 424
Baytown, TX 77522
2. The "Property Owner" Tax Statement Address:
West Texas Drum Company, Ltd. West Texas Drum Company. Ltd.
Attn: Cl-tikg.11 �i.4Z,lDGE Ann: MICA -60`�� 3 ASTDr
ltlol Co.�Zd. l21tZ Utol Co.Rcl u2-1%Z
OV SSA c-N-1‘165 ObSri, ( IS165
II.
Identification of Property and Industrial District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate limits
of the City is sometimes referred to herein as the "affected area," and it is described in Exhibit A,
which is attached to this Agreement and made a part hereof. Acting pursuant to the above
mentioned authority, the City Council of the City has by ordinance, designated the affected area
as an industrial district, the same to be known as Baytown Industrial District No. 3 (the"Industrial
District"),
III
Term
The term of this Agreement is fifteen tax years, from 2026 through 2040, unless it is sooner
terminated under the provisions hereof. This Agreement shall be effective and binding on the
parties hereto upon execution hereof on behalf of the parties to this Agreement and shall remain
in effect for fifteen years. This Agreement supersedes any prior existing agreements between the
Property Owner and the City relating to the subject matter specific to the term hereof.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth, the City hereby
guarantees for the term of this Agreement the immunity of the affected area from annexation of
any type by the City except for such parts of the affected property as may be necessary to annex
property owned by third parties within the Industrial District that the City may decide to annex.
Additionally, this Agreement shall not affect the continuation of any limited purpose annexation
status to which the affected area is now subject.
V.
Industrial District Payment
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 31" of each year during the term hereof a
sum of money equal to: the Base Value Industrial District Payment plus the Added Value Industrial
District Payment. The sum of the Base Value Industrial District Payment plus the Added Value
Industrial District Payment shall be referred to as the Industrial District Payment.
A.
Base Value Industrial District Payment
The Base Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as agreed to and stipulated by the parties to be as follows for
each year indicated:
1 car Ba\c \ attic
2026 S6,889,279.00
2027 S6,889,279.00
2028 S6,889.279.00
2029 S6,889,279.00
2030 S6,889,29.00
2031 S6,889,279.00
2032 $6.889,279.00
2033 $6,889,279.00
2034 $6,889,279.00
2035 S6,889,279.00
2036 $6,889.279.00
_
1 2037 $6,889,279.00 a
2038 $6.889.279.00
2039 $6,889,279.00
2040 $6,889,279.00
hereinafter referred to as the "Base Value," multiplied by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by the applicable Yearly Payment Rate as
detailed below:
YEARLY
TAX YEAR 1 PAYMENT
RATE
2026 .66
2027 .66
2028 .66
2029 1 .66
2030 .66
2031 .66
2032 .66
2033 .66
2034 .66
2035 66
2036 .66
2037 .66
2038 .66
2039 .66
2040_ _ .66
plus
(3) the value of the situs inventory, which is the personal property and inventory
stored or held on or within the affected property which is not owned by the
Property Owner, as assessed each year by the Chambers County Appraisal
District, multiplied by
(4) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City and multiplied by the applicable Yearly Payment Rate as
detailed below:
YEARLY
TAX YEAR PAYMENT
RATE
2026 66
2027 + .66
2028 .66
2029 .66
2030 .66
2032 66
2031 .66
2033 .66
C 2034 _66
2035 ! .66
2036 .66
2037 .66
2038 .66
2039 .66
2040 .66
On or before February 1" of each contract year during the term of this Agreement. the
Property Owner shall tile separate written information reports with the City's Director of Finance
stating the name and address of each person to whom the Property Owner leased or other provided
storage space on
(1) January 1'' of the current contract year and
(2) September l'' of the preceding year.
Additionally, if the Property Owner on or before July 1" of each year certifies under oath that the
Property Owner has required the owner of the situs property to make the payment to the City for
the portion of the Base Value Industrial District Payment calculated pursuant to subsection (3) and
(4)this Subsection A,the City shall invoice such owner for that amount. However, nothing herein
shall be construed so as to relieve the Property Owner from making the full Industrial District
Payment on or before December 31' of each year should the owner of the situs property fail to
timely pay that portion of the Base Value Industrial District Payment calculated pursuant to
subsection (3) and (4) this Subsection A.
B.
Added Value Industrial District Payment
The Added Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as determined by the City, of all of the Property Owner's land
and all other tangible property, real, personal or mixed, within the affected area on
4
January 1 of each year in which an Industrial District Payment is due hereunder
minus the Base Year Value, hereinafter referred to as the "Added Value"multiplied
by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City Council
for the City for each year of the term of this Agreement,multiplied by the applicable
added value industrial district payment rate detailed below.
The applicable Added Value Industrial District Payment Rate shall be determined using
the following chart:
ADDED VALUE
TAX YEAR INDUSTRIAL
DISTRICT PAYMENT
RATE
2026 .66 — —
2027 .66 1
2028 .66
2029 .66
2030 .66
2031 .66
2032 .66
•
2033 .66
2034 .66
•
2035 .66
2036 .66
2037 .66
2038 .66
2039 .66
2040 .66
If the formula used in calculating the Added Value Industrial District Payment produces a
negative number, then the Added Value Industrial District Payment shall be $0.00.
VI.
Valuations and Collections
A.
Generally
The pat-ties hereto recognize that said Chambers County Appraisal District is not required
to appraise for the City the land, improvements,and tangible property,real or mixed, in the affected
area, which is not within the corporate limits of the City, for the purpose of computingthe
rP h' rP
payments hereunder. For the purpose of providing a procedure for determining and collecting the
amounts payable by the Property Owner hereunder, there are hereby adopted and made a part
hereof all provisions of the Constitution and statutes of the State of Texas pertaining to ad valorem
5
taxation as amended throughout the term of this Agreement including, in particular, the Texas
Property Tax Code), except, however, that (i) to the extent that any of such provisions would
require the assessment of the Property Owner's property on an equal and uniform basis with
property in the general corporate limits of the City, the provisions of this Agreement will control
where in conflict with the provisions of such laws and (ii) the income method of appraisal as
described in Section 23.012 of the Texas Property Tax Code shall not be limited to only properties
for which a rental market exists. Specifically, nothing contained herein shall limit the income
method of appraisal specified in Section 23.012 of the Texas Property Tax Code to only properties
for which a rental market exists, instead if such method is used, the chief appraiser shall:
1. use income and expense data pertaining to the property, if possible and
applicable;
2, make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in determining an appropriate
capitalization rate; and
4. determine a capitalization rate for income-producing property that includes a
reasonable return on investment, taking into account the risk associated with the
investment.
The parties agree that the fair market value of the Property Owner's land, improvements,
and tangible roe subject to Subsections B and C of this section shall be determined in
g property rtY J
accordance with the market value computation contemplated in the Texas Property Tax Code for
the purpose of calculating the Property Owner's payment under this Agreement on properties
annexed or disannexed subsequent to the commencement of this Agreement. The City may choose
to use the appraised value as finally determined by the Chambers County Appraisal District (or
through administrative or judicial appeal of the Chambers County Appraisal District's
determination), or by appraisal conducted by an independent appraiser of the City's selection at
the City's expense. The determination of fair market values by the City shall be final and binding
unless the Property Owner within thirty(30)days after receipt of the City's determination petitions
for a Declaratory Judgment to the Civil District Court of Harris County, Texas, as provided for by
Section XIII hereof Nothing contained herein shall ever be construed as in derogation of the
authority of the Chambers County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion for ad valorem tax purposes.
B.
Adjustment of Base Value for Property Inside the Corporate Limits but Subsequentl'v
Disannexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which is
disannexed from the corporate limits of the City during the term of this Agreement, shall become
part of the affected area immediately upon disannexation. The value for such disannexed land,
improvements and tangible property, real or mixed shall be determined as described in Subsection
A of this Section based upon the year in which the property is disannexed and shall be added to
the Base Value specified in Article V each year after the disannexation for purposes of payment
hereunder.
h
C.
Adjustment of Base Value for Property Outside the Corporate Limits but Subsequent)} Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which is
annexed into the corporate limits of the City during the term of this Agreement, shall be removed
from the affected area the year after the annexation. The value for such annexed land,
improvements and tangible property, real or mixed shall be determined as described in Subsection
A of this Section based upon the year in which the property is annexed and shall be subtracted
from the Base Value specified in Article V each year after the annexation for purposes of payment
hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December 1 of each
year showing the total amount due on December 31 of such year pursuant to this Agreement. Such
statement shall be mailed to the "Tax Statement Address" noted in this Agreement. Any amounts
due on December 31 that are not paid when due shall become delinquent on January 1 of the
following year. Provided, however, if the tax statement is mailed after December 10, the
delinquency date is postponed to the first day of the next month that will provide a period of at
least 21 days after the date of mailing for payment of the amount due. Delinquent amounts shall
be immediately subject to the same penalties, interest, attorneys' fees and costs of collection as
recoverable by the City in the case of delinquent ad valorem taxes. The City shall have a lien upon
the Property Owner's land within the affected area upon any delinquency in the Industrial District
Payment.
E.
Valuation Contests
If any differences concerning the appraised values shall not have been finally determined
by the due date of the Property Owner's payment hereunder and the Property Owner is pursuing
through a declaratory judgment action as specified in Subsection A, the Property Owner shall,
without prejudice to such action, pay to the City by December 31 of each year (subject to the
exception in the preceding paragraph for statements mailed after December 10), such amount as is
provided in the Texas Property Tax Code, as amended throughout the term of this Agreement, for
payments made under such conditions by owners of property within the general corporate limits
of the City subject to ad valorem taxation. Any refund payable by the City to the Property Owner
hereunder shall be paid within 60 days after receipt by the City of both Chambers County Appraisal
District's form notification that the appraised value of the property has been reduced and a written
refund request by the Property Owner; if not paid timely, the refund amount shall bear interest at
the rate specified in Section 225 1.025 of the Texas Government Code beginning 60 days after the
City received both the Property Owner's written refund request and the Chambers County
Appraisai District's formal notification that the appraised value of the property has been reduced.
VII
on lian,:e \1 oh Law
The City and the Property Owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise, vibration and toxic levels of those industries located in the Industrial District,
and that development within the District may have an impact on the drainage of surrounding areas.
To this end, the Property Owner and the City agree that the same standards and criteria relative to
noise, vibration and toxic levels and drainage and flood control which are adopted by the City and
made applicable to portions of the City adjacent to the Industrial District shall also be applicable
to the affected area. The Property Owner agrees that any industrial or other activity carried on
within the affected area will be constructed in strict compliance with all applicable valid state and
federal air and water pollution control standards. If the Property Owner's property within the
affected area is subject to the Occupational Safety and Health Act, 29 U.S.C. 65, et seq., as
amended, then the Property Owner shall undertake to ensure that its facilities and improvements
in the affected area comply with the applicable fire safety standards of such act and the resolutions
from time to time promulgated hereunder(the"OSHA Standards"), but there shall be no obligation
to obtain any permits of any kind from the City in connection with the construction, operation or
maintenance of improvements and facilities in the affected area not located within the corporate
limits of the City. Nonetheless, the Property Owner agrees that any structure built within the
affected area shall be built in accordance with the building code adopted by the City in effect at
the time of construction.
The City and the Property Owner recognize that activities in the City's industrial districts
are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner also
recognize that the City may have an interest in activities in the City's industrial districts that are
regulated by other governmental entities. Nothing in this Agreement is intended to limit the City's
right and authority to communicate its interest in,or opposition to,those activities to the applicable
regulatory agencies or to participate, to the extent allowed by law, in any related administrative or
judicial proceeding.
VIII.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's premises
and the same right to examine the Property Owner's books and records to determine the value of
the Property Owner's properties as are provided in the Texas Property Tax Code as amended.
IX.
Default
A.
Default b�- Propert ner
In the event of default by the Property Owner in the performance of any of the terms of
this Agreement, including the obligation to make the payments above provided for, the City shall
have the option, if such default is not fully corrected within sixty (60) days from the giving of
written notice of such default to the Property Owner to either(i)declare this Agreement terminated
or (ii) continue the term of this Agreement and collect the payments required hereunder.
Notwithstanding any to the contrary contained herein, should the City determine the Property
Owner is in default according to the terms and conditions of Section VII hereof, the City shall
notify the Property Owner in writing by U.S. Mail, certified return receipt requested, at the address
stated in this Agreement, and if such default is not cured within sixty (60) days from the date of
such notice (the "Cure Period") then such failure to cure shall constitute a material breach of this
Agreement; provided that, in the case of a default under Section VII for causes beyond the Property
Owner's control that cannot with due diligence be cured within such sixty (60) day period or in
the event that the failure to cure results from ongoing negotiations with federal or state officials,
administrative proceedings or litigation regarding the necessary cure steps, then the cure period
shall be extended until such negotiations, administrative proceedings or litigation are concluded.
B.
Default by City
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. Upon such termination, both the Property Owner and the City shall be relieved of all
further obligations hereunder, but the Property Owner shall not be relieved of the obligation to pay
any amounts that accrued prior to such termination. In the event of termination,the City shall have
the right to repeal the ordinance designating the affected area as an industrial district. Provided,
however, if the termination occurs as a result of the City's exercising its option to terminate (as
provided in the first sentence of this Section IX), the City shall not have the right to annex the
affected area into the general corporate limits of the City so as to subject the affected area to ad
valorem taxes for any part of the period covered by the Property Owner's last payment hereunder.
X.
Notice
Any notice to the Property Owner or the City concerning the matters to which the
Agreement relates may be given in writing by registered or certified mail addressed to the Property
Owner or the City at the appropriate respective addresses set forth on the cover page of this
Agreement. Any such notice in writing may be given in any other manner. If given by registered
or certified mail, the notice shall be effective when mailed. With the exception of annual bills for
payments due herein, notice given in any other manner shall be effective when received by the
Property Owner or the City, as the case may be.
9
XI.
No Further Ex,)ansion ofTaxin'1 Jurisdiction
Nothing herein contained shall be construed to ch r'ge or enlarge the jurisdiction, power or
authority of the City over or with respect to the affected area as prescribed by applicable law,
except as specifically provided in this Agreement. The Property Owner shall not be obligated by
virtue of this Agreement, or the establishment of the industrial district covering the affected area
not within the corporate limits of the City, to make any payments to the City in the nature of a tax
or assessment based upon the value of the Property Owner's property in the affected area during
the term of this Agreement other than the payments specified herein. Specifically, the Property
Owner shall not be liable for any City taxes within the affected area, including, without limitation,
City ad valorem taxes on taxable property within the affected area.
XII.
Reimbursement for Services
If the Property Owner requests and receives mutual aid firefighting assistance and is a
member of Channel Industries Mutual Aid organization ("CIMA") or similar organization, the
Property Owner shall reimburse the City for costs incurred by the City in providing fire protection
services to the Property Owner as shall be provided in the charter, bylaws and agreements pursuant
to which CIMA or such similar organization is organized and operates. If the Property Owner
requests and receives mutual aid firefighting assistance and is not a member of CIMA or a similar
organization, then the Property Owner shall be required to reimburse the City for costs actually
expended by the City in providing any firefighting assistance to the Property Owner, including
chemical and personnel costs.
XIII.
• Declaratory Judhlinent Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of Harris
County, Texas, for a Declaratory Judgment determining said controversy and the cause shall be
tried as other civil causes. If the controversy affects an Industrial District Payment, the Property
Owner shall, pending final determination of said controversy, pay to the City on the due date the
same amount which was_ paid to the City for the last preceding period as to which there was no
controversy concerning the amount owed by the Property Owner to the City. The Property Owner
agrees to tender any additional amount of potential liability to the registry of the Civil District
Court, Harris County, Texas, pending final determination of the controversy beyond any further
appeal.
XIV.
Assignment
This Agreement shall not bestow any rights upon any third party, but rather, shall bind and
benefit the Property Owner and the City only. If the Property Owner conveys all or any part of
the property then covered hereby, the Property Owner shall notify the City within 30 days of the
conveyance and shall thereafter cease to be obligated with respect to the property so conveyed and
the Base Value shall be apportioned between the Property Owner and the grantee based upon the
property conveyed, only if the grantee thereof enters into an Industrial District Agreement with the
City with respect to such property so conveyed. No right or obligation under this Agreement may
be sold, assigned or transferred.
XV.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement by
virtue of being either the legal or equitable owner of a possessory estate (including a leasehold
estate) in the Iand comprising the affected area, which will not terminate before the expiration date
of this Agreement. Additionally, the officers executing this Agreement on behalf of the parties
hereby represent that such officers have full authority to execute this Agreement and to bind the
party he represents.
XVI.
No Municipal Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs. and (5)
garbage pickup service.
XVII.
Se\erability
if any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. [fit is not possible to so reform such provision, covenant, obligation
or agreement, such determination shall not affect any other provision, covenant, obligation or
agreement,each of which shall he construed and enforced as if the invalid or unenforceable portion
were not contained herein. Provided, further that such invalidity or unenforceability shall not
affect any valid and enforceable provision thereof, and each such provision, covenant, obligation
or agreement shall be deemed to be effective, operative, made, entered into or taken in the manner
and to the full extent permitted by law. Notwithstanding the above, if the application of this
Section XVII requires reformation or revision of any term that removes or materially diminishes
the obligation of the Property Owner to make the payments to the City described herein (except in
the event of a reformation that shortens the term of this Agreement), the City shall have the option
to declare this Agreement terminated.
XVIII.
Complete .Agreement
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties.
1I
XIX.
Non-waiver
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
XX.
Ambiguities
In the event of any ambiguity in any of the terms of this Agreement,it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
XXI.
Headings
The headings appearing at the first of each numbered section in this Agreement are inserted
and included solely for convenience and shall never be considered or given any effect in construing
this Agreement or any provision hereof, or in connection with the duties, obligations or liabilities
of the respective parties hereto or in ascertaining intent, if any question of intent should arise.
XXII.
Choice of Law: Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
XXIII.
Aeement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
12
IN WITNESS WHEREOF, this \ucenicnt is cxe,:uted in multiple counterparts on behalf
of the Property Owner this Zb day of a-42,1 . 2026. and on behalf of the City this Vc day
of 1SJM11 , 2026
WEST T S DRUM COMPANY, LTD.
13y:
C laLo MA-LAco tk
Printed Name
E' cu.-skic Ids\DeA
Title
STATE OF TEXAS §
COUNTY OF Viilt,LAILD
Before me, 4.1, TO\.( -3-b“-f .rt ri . the undersigned notary public, on this day
personally appeared C 11,0 ts-1,AcUCe Nl , the E1lP of West
Texas Drum Company, Ltd., the owner of the affected property, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me this2- day of ��-Q4 , 2026.
Notary Public and for the State of Texas
MICA BOYD JOHNSTON
' ? • My Notary ID It 125180203
Expires January 27,2029
13
CITY OF BAYTON
Charles Johnson, Mayor
ATTEST:
Angela Jackson, City Clerk
APPROVED AS TO FORM:
Scott Lemond,City Attorney
Teresa McKenzie, Finance Director
14
DESCRIPTION OF A TRACT OF LAND CONTAINING
30.4257 ACRE(1,325,342 SQUARE FEET)SITUATED LN
THE JACOB ARMSTRONG SURVEY,ABSTRACT 2
AND THE CHRISTIAN SMITH LEAGUE,ABSTRACT 22
CHAMBERS COUNTY,TEXAS
Being a tract of land containing 30.4257 acre(1,325,342 square feet),situated in the Jacob Armstrong
Survey,Abstract 2,and the Christian Smith League,Abstract 22,Chambers County,Texas,being all
of Tract 1 and Tract 2 conveyed unto West Texas Drum Company Ltd. II,by deed recorded in
Volume 521,Page 648 and all of a tract of land conveyed unto West Texas Drum Company Ltd.II by
deed recorded in Volume 694,Page 127 of the Deed Records of Chambers County,Texas. Said
30.4257-acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2-inch iron rod with cap marked"RPLS 177T'in the north right-of-way
line of F.M. 1405(300.00 feet wide)for the southwest corner of a tract of land conveyed unto
Chempro,Inc.by deed recorded in Volume 442,Page 83 and Volume 513,Page 392 of the Deed
Records of Chambers County,Texas,and for the southeast corner of said tract herein described;
THENCE in a northwesterly direction with the north right-of-way line of said F.M. 1405,with a curve
to the left having a radius of 2,900.17 feet,a chord bearing of North 81°24'00"West,a chord length
of 453.87 feet,for an arc length of 454.33 feet to a found"X"in concrete for a point of tangency in
the north right-of-way line of said F.M. 1405,and in the south line of said tract herein described;
THENCE North 85° 13' 11"West with the north right-of-way line of said F.M. 1405,a distance of
256.19 feet to a found 1/2-inch iron rod with cap marked"RPLS 1777"for the southwest corner of
said tract herein described;
THENCE North 20°34' 14"East,pass a found 1/2-inch iron rod with cap marked"RPLS 1777"for
the common west corner of said Tract 1 and Tract 2 at a distance of 426.45 feet,continuing 380.52
feet to a found 1/2-inch iron rod with cap marked"RPLS 1777"at the common west corner of said
Tract 2 and said tract recorded in Volume 694,Page 127,and continue for a total distance of 1.443.65
feet to a found 1/2-inch iron rod with cap marked"Survey-I"for the northwest corner of said tract
herein described.;
THENCE North 77°45' 48"East,a distance of 641.53 feet to a found 1/2-inch iron rod with cap
marked"Survey-1"in the west line of a tract of land conveyed unto Houston Lighting&Power Co.b.
deed recorded in Volume 291,Page 489 and Volume 293,Page 285 of the Deed Records of Chambers
County,Texas,and for the northeast corner of said tract herein described:
THENCE South 12° 14' 12"East with the west line of said H.L. P. Co.Tract,pass the commo:
corner of said Tract 2 and said tract recorded in Volume 694,Page 127 at a distance of 535.!;fee
continuing 319.83 feet pass the common east corner of said Tract 1 and Tract 2,continuing 313.25
feet pass the common east corner of said Tract 1 and said Chempro Tract-and continue for a toll:
distance of 1,248.72 feet to a found 1/2-inch iron rod with cap marked"Survey-1"in the ease line of
said Chempro Tract and for the easterly southeast corner of said tract herein described:
THENCE North 87°48' 32"East,a distance of 467.97 feet to a found 1/2-inch iron rod with zap
marked"Survey-I"in the north line of said Chempro Tract,and the south line of said Trace 1.fe-n
angle point in the south line of said tract herein described;
THENCE South 77°54'22" West,a distance of 211.39 feet to a found 1 _-inch iron rod
marked"Survey-1"for an interior corner of said tract herein described:
THENCE South 12°05' 37"East,a distance of 110.00 feet to a found 1 2-inch iron rot
marked"RPLS 1777"for an angle point in the east line of said tract herein described:
THENCE South 12°58'56"West,a distance of 191.50 feet to the POINT OF BEGECNL\G and
containing 30.4257 acre(1,325,342 square feet),more or less.
Note: This metes and bounds description is referenced to a surs'e) drawing prepared in Sur.r. . ._
dated December 14, 2012,job number 11-18110-12.
Survey 1,Inc.
1�� OF
P.O.Boxx 2543
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