Ordinance No. 12,906ORDINANCE NO. 12,906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE DECLARATIONS OF COVENANTS AND
RESTRICTIONS FOR KILGORE PARKWAY AND HIGHWAY 146,
CHAMBERS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
*********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby approves the
Declarations of Covenants and Restrictions for Kilgore Parkway and Highway 146, Chambers
County, Texas. Said Declarations of Covenants and Restrictions are attached hereto as 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 to of the City Council of the City
of Baytown this the 23rd day of July, 2015.
ATTEST:
ETICIA BRYSCH, City Wrk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR. ity Attorney
DONCARLOS,
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Exhibit "A"
DECLARATION OF COVENANTS AND RESTRICTIONS
Restrictive Covenants for 200.807 acres — Kilgore Parkway and Highway 146,
Chambers County, Texas
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF CHAMBERS §
THIS DECLARATION OF COVENANTS AND RESTRICTIONS FOR KILGORE
PARKWAY AT HIGHWAY 146 — 200.807 ACRES (this "Declaration ") is made as of the
day of July, 2015 (the "Effective Date "), by Eddie V. Gray, Trustee, for Kilgore Park
LLC ("Declarant").
WITNESSETH:
WHEREAS, Declarant is the fee owner of the surface estate in certain tracts of land
consisting collectively of 200.807 acres situated in Chambers County, Texas, said Declarant -owned
tracts being as Tract 1- 66.58 acres, Tract 2- 54.11 acres, and Tract 3- 80.998 acres, save and except
the .8810 acre Wallace Plant Road; and all being more particularly described by metes and bounds
on Exhibit "A" attached hereto and incorporated herein by this reference (the "Restricted
Lands'); and
WHEREAS, the Restricted Lands are within Chambers County and also within the extra
territorial jurisdiction of the City of Baytown, Texas, and some portions of the Restricted Lands
have been previously annexed into Chambers County Municipal Utility District No. 1 ( "CC MUD
No. 1) and Declarant has an application for annexation into CC MUD No. I pending with CC MUD
No. 1 at the present time for the balance of the Restricted Lands and intends to pursue the
completion of the MUD annexation; and
WHEREAS, Declarant desires to create certain restrictions applying to and becoming
covenants running with the Restricted Lands; and
WHEREAS, Declarant desires to restrict all of the Restricted Lands as described herein in
order to provide a better aesthetic appearance of development by complying with the standards of
the Uniform Land Development Code and other selected ordinances of the City of Baytown as
described below in Article III; and
WHEREAS, a portion of the tract, being Tracts 1 and 2 on Exhibit "A ", have been annexed
by CC MUD No. 1 and are subject to the Strategic Partnership Agreement No. 2 between the City
of Baytown, Texas and the Chambers County Municipal Utility District No. 1 (the "SPA No. 2')
acknowledged by the City of Baytown on January 28, 2008 and recorded under Volume 1022,
Declaration, Page 1
Pages 519 -551; and the Declarant desires to provide for coordinated development of Tracts 1, 2,
and 3, and thus desires that Tract 1, 2 and 3 be subject to the same City of Baytown development
standards as Tracts 1 and 2, as described in SPA No. 2; and
WHEREAS, Declarant desires to hold, sell and convey the Restricted Lands subject to the
following covenants and restrictions, which are for the purpose of establishing and preserving
certain aesthetic qualities and standards in connection with future development, improvement and
use of the Restricted Lands and further, Declarant may desire to apply additional restrictive
covenants, creation of assessments and governance for development of the Restricted Land, as
needed, which additional restrictions will be created at a later date; and
NOW, THEREFORE, Declarant hereby adopts the following covenants and restrictions,
which shall run with the Restricted Lands and will bind all parties having or acquiring any right,
title, or interest therein and inure to the benefit of each Owner thereof, as hereinafter more fully
described and set forth.
ARTICLE I
Definitions
1. "Applicable Laws" means all laws, statutes, ordinances, rules, orders, regulations,
requirements, court orders and rulings, and other requirements of any federal, state or
local governmental authorities with jurisdiction over the Restricted Lands (or relevant
portion thereof, as applicable), including, without limitation, the
Applicable City Ordinances (as hereinafter defined), and as amended from time to time.
2. "Ciff" shall mean the City of Baytown, Texas, a home -rule municipal corporation
located in Harris and Chambers County, Texas. Whenever the approval of the City is
required herein, such approval shall mean the approval of the City Manager or his
designee.
3. "Applicable City Ordinances" means the Code of Ordinances of the City as defined
in Article III hereinbelow and any amendment to such Applicable City Ordinances as
may occur from time to time.
4. "County Records' means the Official Public Records of Chambers County, Texas.
5. "CC MUD No. 1'' means Chambers County Municipal Utility District No. 1 or any
successor governmental entity thereto.
6. "Owner" means and refers to the record owner, whether one or more persons or
entities, of the fee simple title to the surface estate in any tract of land which is part of
the Restricted Land, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation. If there is more than one fee
owner, then "Owner" will mean all such fee owners collectively.
Declaration, Page 2
7. "Restricted Lands" means the surface estate in all of that property described by
metes and bounds on Exhibit "A" attached hereto and incorporated herein by this
reference.
ARTICLE II
Use of Restricted Lands
1. Permitted Uses. The Restricted Lands may be used for any lawful purpose
corresponding to the uses allowed within the applicable zoning districts as depicted in Exhibit
"B," which is attached hereto and incorporated herein for all intents and purposes. Additionally,
the permitted uses of the Restricted Lands must comply with , the Applicable City Ordinances
and other Applicable Laws. The Declarant has applied for annexation of Tract 3 of the Restricted
Lands into CC MUD No. 1 and, notwithstanding any terms and provisions of this Declaration to
the contrary, Declarant shall take all steps to complete the annexation of Tract 3 into CC MUD
No. 1.
2. Prohibited Uses. No portion of the Restricted Lands shall ever be used for any of
the following purposes:
a. any trailer court, mobile home park, manufactured home park, recreational
vehicle park, or single manufactured home or recreational vehicle not
being used for a permitted construction office;
b. any labor camp, junk yard, stock yard as defined in City Ordinances, or
animal raising (other than veterinarian clinics or hospitals, provided such
facilities, have no provision for keeping animals outdoors overnight and
otherwise comply with the provisions hereof);
C. warehouse and freight movement as defined in the ULDC;
d. any carnival or amusement park; or
e. any rooming or boarding house or adult day care center (which term shall
not be deemed to include nursing homes and rehabilitation facilities).
Nothing contained in this subsection shall be construed to prohibit any portion of the Restricted
Lands from being used as necessary to obtain an agricultural exemption for ad valorem purposes
pursuant to Chapter 11 of the Tax Code or to be appraised as agricultural or open space for ad
valorem purposes pursuant to Chapter 23 of the Tax Code.
Declaration, Page 3
ARTICLE III
The following Ordinances of the City shall apply to the development of all or any portion
of the Restricted Lands and shall be known as the Applicable City Ordinances:
"Applicable City Ordinances" shall include the following chapters, articles and/or
sections of the Code of Ordinances, Baytown, Texas, along with all amendments thereto:
➢ Chapter 4 "Adult Commercial Establishments,"
➢ Chapter 42 "Health and Sanitation,"
Chapter 82 "Secondhand Goods," Article III "Junk and Automotive Wrecking
and Salvage,"
➢ Chapter 118 "Signs," Article III "Regulations," Division 4 "Location,"
Subdivision IV "Off- Premise Signs" along with all other provisions regulating
Off Premise Signs," and
➢ Chapter 114 "Sewer and Water Line Extensions," Article IV "Impact Fees," and
the Unified Land Development Code.
ARTICLE IV
Enforcement of Applicable City Ordinance by City
The obligations contained in Article III shall be enforceable by the City and its successors
and assigns pursuant to all applicable laws and by all applicable means, including but not limited
to, by an action for damages or an action for an injunction, or both. Should the City prevail in a
suit to enforce the terms and provisions of Article 111, the City shall also be entitled to recover a
reasonable sum as attorney's fees. It is further agreed that if a suit for injunctive relief is brought for
enforcement of Article III, the party against whom such suit is brought shall have no right to, and by
having accepted any deed of any part of the property covered by this Declaration shall be
conclusively deemed to have covenanted and agreed not to (and to have waived any right to), urge
or assert as a defense that an adequate remedy at law exists. Each Owner from time to time of all or
any portion of the Restricted Lands affected by Articles III and IV shall be bound thereby and
liable for breaches or defaults thereof related to the portion of the Restricted Lands owned by such
Owner, but only during that Owner's ownership of such Restricted Lands, and such Owner shall not
be liable for breaches hereof by any subsequent Owner (or user) of such Restricted Lands; provided,
however, that nothing herein exculpates any Owner who sells all or a portion of the Restricted
Lands from liability to its transferee to the extent the transferring Owner contractually warranted or
guaranteed compliance herewith or contractually agreed to indemnify the subsequent Owner from
any non - compliance existing as of the date of the conveyance of the Restricted Lands to the new
Owner.
Declaration, Page 4
ARTICLE V
Term: Future Termination of Restrictions and Covenants
Each restriction and covenant contained in this Declaration shall remain in full force and
effect until such time, if ever, that the City completes either the Limited Purpose Annexation or Full
Annexation of all or any portion of the Restricted Lands; in which case, these Restrictions shall
automatically be terminated by the City as to the portion of the Restricted Lands that have been
Limited Purpose Annexed or Fully Annexed by the City. Upon any such termination, the City shall
promptly execute an instrument of termination to be filed in the County Records.
ARTICLE VI
Amendment
This Declaration may not be amended or modified except by a written instrument executed
by all of the following:
(a) Declarant, or its successors and assigns;
(b) All owners of any portion of the Restricted Lands;
(c) all holders of first- priority liens on Restricted Lands, of any; and
(d) the City.
ARTICLE VII
General Provisions
1. Representations by Declarant. Declarant represents and warrants that it owns fee
simple title to the surface estate in the Restricted Lands, subject to all existing liens, restrictions,
easements, rights -of -way, and other encumbrances of record in the County Records.
2. Covenants Run With Land. The term of this Declaration is as set forth in
Article V. The terms and provisions of this Declaration shall run with the Restricted Lands and
bind the Restricted Lands during the Tenn of the Declaration. In the event of a breach or
threatened breach of any of the terms and provisions of this Declaration by any Owner, both the
Declarant and each and every other Owner shall have a private right of action, including relief at
both law and in equity, to assert a claim for damage allowable by law or a claim for injunctive
relief as allowable in equity. The City shall have the enforcement rights as described in Article
IV above.
Declaration. Page 5
3. Limitation of Liability. Any person/entity acquiring fee title to all or any portion
of the Restricted Lands shall be bound by this Declaration only as to the portion of the Restricted
Lands acquired by such person/entity. In addition, such person/entity shall be bound by this
Declaration only during the period such person/entity is the Owner of such Restricted Lands,
except as to obligations, liabilities and responsibilities that accrue during said period of such
Owner's ownership. Although persons/entities may be released herein, the covenants,
conditions, and restrictions contained in this Declaration shall continue to be benefits to and
servitudes upon said tracts running with the Restricted Lands.
4. Law Governine. This Declaration shall be governed by and construed in
accordance with the laws of the State of Texas.
5. Successors and Assigns, Assienment of Declarant Rights. This Declaration, and
all the terms and provisions hereof, shall be binding upon Declarant, its successors, assigns and
successors in title, and violations of this Declaration by any such parties shall be enjoinable and
actionable as herein provided. The rights and powers of Declarant hereunder may be assigned by
Declarant to any third party who purchases all or part of the Restricted Lands owned by Declarant,
but no such assignment by Declarant shall ever be deemed to have occurred as to any part of the
Restricted Lands unless Declarant expressly and specifically executes and records a written
assignment of the Declarant's rights under this Declaration, which express assignment of Declarant
rights may be included in any conveyance document or by separate instrument. Declarant only by
specific express recorded assignment may also convey Declarant's enforcement rights under this
Declaration to any property owners association formed to govern or manage all or any separate and
distinct part of the Restricted Lands.
6. Severability. This Declaration is intended to be performed in accordance with, and
only to the extent permitted by, all applicable laws, ordinances, rules and regulations of
governmental authorities having jurisdiction. If any provision of this Declaration, or the application
thereof to any person or circumstance, shall, for any reason or to any extent, be held to be invalid or
unenforceable, then the remainder of this Declaration and the application of such provision to other
persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest
extent permitted by law.
7. Headings. The headings contained in this Declaration are for reference purposes
only and shall not in any way affect the meaning or interpretation hereof.
8. Miscellaneous. The singular wherever used herein shall be construed to mean or
include the plural when applicable, and the necessary grammatical changes required to make the
provisions hereof apply either to corporations (or other entities) or individuals, male or female, shall
in all case be assumed as though in each case fully expressed. If any part of this Declaration shall
be in conflict with any tern of a previously recorded deed of conveyance to any portion of the
Restricted Lands, the term of the prior deed of conveyance shall govern, but only to the extent of
such conflict. If additional restrictions are imposed by Declarant upon all or any portion of the
Restricted Lands, either by an additional declaration instrument or in the instrument by which
Declarant conveys a the Restricted Lands or any portion thereof, the terms of such additional
Declaration. Page 6
declaration and/or deed of conveyance shall be in addition to the Declaration herein and such
instrument shall refer to and affirm this Declaration, unless a recorded termination of this
Declaration has been filed according to the terms of Article V of this Declaration.
9. City Joinder. The City joins in this Declaration for the purposes stated herein,
including, but not limited to, (i) creation of enforcement rights in Article IV as to the restrictions
created in Article III hereof, and (ii) joining in all amendments or terminations of this Declaration.
The joinder of the City herein shall not be deemed to make the City primarily responsible (all of
which responsibility it hereby expressly disclaims) for monitoring or enforcement of any
requirement of this Declaration (other than Articles III and IV).
(REMAINDER OFPAGEINTENTIONALLYLEFT BLANK —
SIGNATURE PAGES FOLLOW)
Declaration, Page 7
IN WITNESS WHEREOF. this Declaration is executed EFFECTIVE as the date set out
on the first page of this instrument.
DECLARANT:
EDDIE V. GRAY, TRUSTS for Kilgore Park, LLC
THE STATE OF TEXAS §
§
COUNTY OF HARRIS §
This instrument %%as acknoMedged before me on July 15' _. 2015. b) Eddie V. Graff.
Trustee for Kilgore Park. LLC in that capacity and on behalfol'said Limited Liability Company.
BELINDA S COLE
My Commission Expires
[S November 23, 2015
Declaration. Page 8
NOTARY PUBLIC. IN AND FOR
THE STATE OF TEXAS
(JOINDER PAGES FOLLOW/
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rtoiaalmma� YM
2tGi
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Joinder Page — City of Baytown, Texas
Declaration of Covenants and Restrictions
Joseuh Kileore Lands
The CITY joins herein for the purposes stated herein and accepts and acknowledges the
benefits of such provisions:
CITY OF BAYTOWN, TEXAS
M
Richard L. Davis, City Manager
THE STATE OF TEXAS §
COUNTY OF HARRIS
This instrument was acknowledged before me on July , 2015, by Richard L. Davis,
the City Manager of the City of Baytown in that capacity and on behalf of said home -rule municipal
corporation.
[SEAL] NOTARY PUBLIC, IN AND FOR
THE STATE OF TEXAS
Exhibits
Exhibit "A" Legal Description of the Entire Restricted Lands
Exhibit "B" Map of Zoning Districts for the Restricted Lands
After Recording, Return To:
Janet Gray Wahrlich, Attorney at Law
P.O. Box 638
Baytown, Texas 77522
Atty Kil Park Dec ofCov Restrict- City of Baytown Joinder
Declaration, Page 9
EXHIBIT "A"
Leal Descriptions of Entire Restricted Lands
[TO BE ATTACHED]
TRACT 1
STATE OF TEXAS)
COUNTIES OF CHAMBERS)
FIELD NOTES of a 66.58 acre tract of land situated in the William Bloodgood
Augmentation Survey, Abstmet No. 5, and the Chambers County School Land Survey,
Abstract No. 321, Chambers County, Texas, being the residue of 140.951 acres conveyed
to Summerfield Partners L.P. by Rickey Fontenot by deed dated November 8, 2006, and
recorded in Volume 914 at Page 51 of the Official Public Records of Chambers County,
Texas. This 66.58 acre tract of land is more particularly described by metes and bounds
as follows, to -wit:
NOTE: BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NORTH AMERICAN DATUM
OF 1983. ALL DISTANCES ARE ACTUAL DISTANCES TO CONVERT TO GRID
DISTANCES MULTIPLY BY THE SCALE FACTOR OF 0.9998991. REFERENCE IS
MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS
DESCRIPTION.
BEGINNING at a 2 inch iron pipe found for the Northeast corner of this tract of land the
Northeast corner of said residue of 140.951 acres, the Southeast corner of 80.992 acres
conveyed to Eddie V. Gray by David M. Kadjar, Trustee, by deed dated December 21,
1998, and recorded in Volume 396 at Page 223 of the Official Public Records of
Chambers County, Texas, and an angle corner in the West line of the residue of 40.53
acres called Tract 3 conveyed to Angel Brothers Enterprises Ltd., by Houston Raceway
Park Inc., by deed dated July 3, 2000, and recorded in Volume 492 at Page 326 of the
Official Public Records of Chambers County, Texas. This BEGINNING corner has a
State Plane Coordinate of X = 3,273,564.51 and Y = 13,863,477.08.
THENCE South 12 03926" East with the Fast line of this tract of land, the East line of
said residue of 140.951 acres, over and across a 0.4275 of an acre conflict with said
residue of 40.53 acres a distance of 814.50 feet to a capped iron rod found for the
Southeast comer of this tract of land, a Southeast comer of said residue of 140.951 acres,
in the North line of Kilgore Parkway, 120 foot wide right of way, the Northeast corner of
20.244 acres conveyed to Chambers County by International Bank of Commerce by deed
dated October 4, 2011, and recorded in Volume 1295 at Page 281 of the Official Public
Records of Chambers County, Texas, and the Northwest corner of a 1.121 acre tract of
land conveyed to Chambers County by Angel Brothers Enterprises Ltd, by deed dated
January 30, 2012, and recorded in Volume 1315 at Page 79 of the Official Public Records
of Chambers County, Texas.
PAGE NO.2 - TRACT 1 66.58 ACRES
THENCE in a Westerly direction with the South lines of this tract of land, the South lines
of said residue of 140.951 acres, the North lines of said 20.244 acres, and the North lines
of Kilgore Parkway the following courses to capped iron rods found:
Along a curve to the right, having a central angle of 27 °16'39", a radius of
1760.00 fleet, an arc length of 837.90 feet, and a chord bearing and distance of North
88 053'56" West 830.01 feet;
Along a curve to the left, having a central angle of 27°17'06", a radius of 1880.00
feet, an are length of 89528 feet, and a chord bearing and distance of North 88 °54' 10"
West 886.85 feet;
South 77027' 17" West, 4160.19 feet;
Along a curve to the right, having a central angle of 16°09' 1r, a radius of
1638.59 feet, an are length of 462.00 feet, and a chord bearing and distance of South
85°31'55" West 460.48 feet;
North 38°02'57" West, 370.82 feet to a Yz inch iron rod found for the Northwest
comer of this tract of land, the Northwest corner of said residue of 140.951 acres, the
Northwest comer of said 20.244 acres, the Southwest corner of Abbe Subdivision as
recorded in Volume "13" at Page 39 of the Map Records of Chambers County, Texas, and
the point of intersection of the North line of Kilgore Parkway with the East right of way
line of Highway 146,120 foot wide right of way..
THENCE North 77 °17'59" East with a North line of this tract of land, a North line of
said residue of 140.951 acres, and the South line of Abbe Subdivision a distance of
1938.79 feet to a 1 % inch iron pipe found for an angle comer of this tract of land, an
angle corner of said residue of 140.951 acres, the Southeast corner of said Abbe
Subdivision, and the Southwest comer of 3.00 acres conveyed to Robert E. Wyatt, at ux,
by Elvis R. Jennings, Jr., at ax, by deed dated November 17, 2000, and recorded in
Volume 477 at Page 841 of the Official Public Records of Chambers County, Texas.
PAGE NO.3 - TRACT 1 66.58 ACRES
THENCE North 77°22'30" East with a North line of this tract of land, a North line of
said residue of 140.951 acres, the South line of said 3.00 acres, the South line of 2.03
acres conveyed to Christopher L. Hrabina, et ux, by Vivian Albritton by deed dated April
4, 2011, and recorded in Volume 1259 at Page 658 of the Official Public Records of
Chambers County, Texas, the South line of 3.03 acres conveyed to Diana M. Johnson by
David H. Johnson by deed dated July 25, 2002, and recorded in Volume 659 at Page 725
of the Official Public Records of Chambers County, Texas, and the South tine of 2.0375
acres awarded to Rayford Joseph Guidry by instrument dated March 11, 1991, and
recorded in Volume 138 at Page 342 of the Official Public Records of Chambers County,
Texas, a distance of 89733 feet to a 2 inch iron pipe found for an angle comer of this
tract of land, an angle comer of said residue of 140.951 acres, the Southeast comer of said
2.0375 acres, and the Southwest comer of said 80.992 acres.
THENCE North 77°23' 51" East with a North line of this tract of land, a North line of
said residue of 140.951 acres, and the South line of said 80.992 acres a distance of
3606.46 feet to the PLACE OF BEGINNING, containing within said boundaries 66.58
acres of land, more or less.
SURVEYED: February, 2013.
SURVEYOR'S CERTIFICATE
I, Michael W. Chandler, Reg. Professional Land Surveyor Number 5292 do hereby certify
that the foregoing field notes were prepared from an actual survey made on the ground by
me on the date shown and that all lines, boundaries and landmarks are accurately
described therein.
WITNESS my hand and seal at Mont Belvieu, Texas, this the 4th., day of March, A.D.,
2013.
REG. PROFESSIONAL LAND SURVEYOR
NO. 5292
13- 3153.FDN
TRACT 2
STATE OF TEXAS)
COUNTIES OF CHAMBERS)
FIELD NOTES of a 54.11 acre tract of land situated in the William Bloodgood
Augmentation Survey, Abstract No. 5, and the Chambers County School Land Survey,
Abstract No. 321, Chambers County, Texas, being the residue of 140.951 acres conveyed
to Su rnmerfield Partners L.P. by Rickey Fontenot by deed dated November 8, 2006, and
recorded in Volume 914 at Page 51 of the Official Public Records of Chambers County,
Texas. This 54.11 acre tract of land is more particularly described by metes and bounds
as follows, to -wit:
NOTE: BEARINGS AND COORDINATES ARE REFERENCED TO THE TEXAS
COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NOM AMERICAN DATUM
OF 1983. ALL DISTANCES ARE ACTUAL DISTANCES TO CONVERT TO GRID
DISTANCES MULTIPLY BY THE SCALE FACTOR OF 0.9998991. REFERENCE IS
MADE TO PLAT OF EVEN DATE ACCOMPANYIKO THIS METES AND BOUNDS
DESCRIPTION.
BEGINNING at a capped iron rod found for the Southwest corner of this tract of land, the
Southwest comer of said residue of 140.951 acres, and the Northwest comer of 4.74 acres
conveyed to United Texas Transmission by S/C Management Co. Trustee by deed dated
March 11, 198Z and recorded in Volume 497 at Page 330 of the Deed Records of
Chambers County, Texas, in the East right of way line of Highway 146,120 foot wide
right of way. This BEGINNING comer has a State Plane Coordinate of X = 3,267,132.90
and Y = 13,861,364.96.
THENCE in a Northerly direction with a West line of this tract of land, a West line of
said residue of 140.951 acres, the But right of way line of Highway 146, and along a
curve to the left, having a central angle of 00°01'04", a radius of 5789.53 feet, an arc
length of 1.80 feet, and a chord bearing and distance of North 15015115" East 1.80 feet to
a Yz inch iron rod set for an angle corner of this tract of land, an angle comer of said
residue of 140.951 acres, the Southwest corner of 20.244 acres conveyed to Chambers
County by International Bank of Commerce by deed dated October 4, 2011, and recorded
in Volume 1295 at Page 281 of the Official Public Records of Chambers County, Texas,
and the point of intersection of the South right of way line of Kilgore Parkway with the
East right of way line of Highway 146.
THENCE North 51 °40'06" East with a West line of this tract of land, a West line of said
residue of 140.951 acres, and a Southeast line of said 20.244 acres and Kilgore Parkway a
distance of 466.86 feet to a capped iron rod found for the Northwest corner of this tract of
land, the Northwest corner of said residue of 140.951 acres, and an interior comer of said
Kilgore Parkway.
PAGE NO.2 - TRACT 2 54.11 ACRES
THENCE in an Easterly direction with the North lines of this pact of land, the North lines
of said residue of 140.951 acres, the South lines of said 20.244 acres, and the South lines
of said Kilgore Parkway the following courses to, capped iron rods found-
Along a curve to the left, having a central angle of 16°09' 17 ", a radius of 1758.58
feet, an arc length of 495.84 feet, and a chord bearing and distance of North 85°31'56"
East 494.20 feet;
North 77027'1 r East, 4160.19 feet;
Along a curve to the right, having a central angle of 27 017106", a radius of
1760.00 feet, an arc length of 838.14 feet, and a chord bearing and distance of South
88 054'10" East 830.24 feet;
Along a curve to the left, having a central angle of 27°17'06", a radius of 1880.00
feet, an arc length of 895.28 feet, and a chord bearing and distance of South 88054'10"
East 886.85 feet to a % inch iron rod found for the Southeast comer of this tract of land,
the Southeast corner of said residue of 140.951 acres, the Southeast corner of said 20.244
acres, the Southwest comer of a 1.121 acre tract of land conveyed to Chambers County by
Angel Brothers Enterprises Ltd., by deed dated January 30, 2012, and recorded in Volume
1315 at Page 79 of the Official Public Records of Chambers County, Texas, and the
Northeast comer of said 4.74 acres.
THENCE in a Westerly direction with the South lines of this tract of faced, the South lines
of said residue of 140.951 acres, and the North lines of said 4.74 acres the following
courses:
South 77°2659" West, 4461.88 feet to a % inch iron rod set;
South 77°27' 10" West, 2056.17 feet to a capped iron rod found;
North 51 °51'36" West, 349.26 fled to the PLACE OF BEGINNING, containing
within said boundaries 54.11 acres of land, more or less.
SURVEYED: February, 2013.
SURVEYOR'S CERTIFICATE
1, Michael W. Chandler, Reg. Professional Land Surveyor Number 5292 do hereby certify that
the foregoing field notes were prepared from an actual survey made on the ground by me on the
date shown and that all lines, boundaries and landmarks are accurately described therein.
WUMESS hand and t Belvieu, Texas, this the 4th., day of March, A.D., 2013.
R SURVEYOR NO.5292 Agay.h
13- 3153.FDN
Exhibit A.2
Kilgore Parkway @ Hwy 146
"Save and Except the feHowing 0.8810 Acre Tract"
6TATS UP TOXAS)
COUNTY OF CIIAh81 RS)
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IIHIL PRORRIS OMAL LAND SURVEYOR
N0.3292
W103RDJ M
LEGAL DESCRIPTION
80.998 ACRES (3,528,257 SQUARE FEET)
IN THE WILLIAM BLOODGOOD AUGMENTED SURVEY, A -5
AND CHAMBERS COUNTY SCHOOL. LAND SURVEY NUMBER 3, A -321
CHAMBERS COUNTY, TEXAS
Being a tract or parcel containing 80.998 acres (3,528,257 square feet) of land situated in the
William Bloodgood Augmented Survey, Abstract Number 5, and the Chambers County School
Land Survey Number 3, Abstract Number 321, Chambers County, Texas, being all of a called
80.992 acre tract conveyed to Eddie V. Gray, Trustee, by deed recorded in Volume 396, Page
223 of the Official Public Records of Chambers County (O.P.R.C.C.). Said 80.998 acre tract
being more particularly described as follows:
BEGINNING at a 2 -inch iron rod found in a northerly line of said William Bloodgood
Augmented Survey, in the southerly line of the William Bloodgood League, Abstract Number 4,
in the most easterly south line of Hunters Chase Section Two Amended, a subdivision of record
in Volume "B ", Page 223 of the Chambers County Plat Records (C.C.P.R.), marking the
northeasterly corner of a called 2.5375 acre tract conveyed to William McDonald by deed
recorded in Volume 1111, Page 669, O.P.R.C.C., and marking the northwesterly comer of the
herein described tract;
THENCE, North 77 045'55" East (called North 77 °45'26" East), along the common survey line,
the southerly line of said Hunters Chase Section Two, the southerly line of Hunters Chase
Section Three, a subdivision of record in Volume "B ", Page 228, C.C.P.R., and the southerly line
of Hunters Chase Section Four, a subdivision of record in Volume "A ", Page 245, C.C.P.R., a
distance of 1,480.87 feet (called 1,480.74 feet) to a point for the southeasterly corner of said
Hunters Chase Section Four, the southwesterly corner of a called 10.03 acre tract conveyed to
Old Needlepoint 97.2 LLC by deed recorded in Volume 1431, Page 116, O.P.R.C.C., and for an
angle point in a northerly line ol'the herein described tract, from which a found 5/8 -inch iron rod
with cap stamped "BHA" bears North 11 °38' West, a distance of 0.24 feet;
THENCE, North 77 °21'05" Fast (called North 77 °20'36" East), along the southerly line of said
10.03 acre tract, at a distance of 662.84 feet pass a 1/2 -inch iron rod found marking the
southeasterly corner of said 10.03 acre tract and the most southerly southwest corner of a called
87.72 acre tract (Tract 1) conveyed to Old Needlepoint 97.2 LLC by deed recorded in Volume
1431, Page 111, 0.11. R.C.C., and continuing, along the southerly line of said 87.72 acre tract and
along the southerly. line of a called 28.80 acre tract conveyed to Ricky D. Fontenot, d/b /a
Fontenot Farms & Trucking by deed recorded in Volume 1454, Page 646, O.P.R.C.C., in all, a
distance of 2,124.58 feet (called 2,124.86 feet) to a 1 -inch iron shaft found in the westerly line of
a called 40.53 acre tract (Tract 3) conveyed to Angel Brothers Enterprises, Ltd. by deed recorded
in Volume 492, Page 326, O.P.R.C.C., marking the southeasterly corner of said 28.80 acre tract,
and the northeasterly corner of the herein described tract;
Page I of 2
WNSTA
THENCE, South 12 °39'06" East (called South 12 °39'24" East), along the westerly line of said
called 40.53 acre tract, a distance of 978.00 feet to a 1 -1/2 -inch pipe found marking the
northeasterly corner of a called 66.58 acre tract (Tract 1) conveyed to Eddie V. Gray, Trustee, by
deed recorded in Volume 1408, Page 15, O.P.R.C.C., marking an interior comer of said 40.53
acre tract and the southeasterly comer of the herein described tract;
THENCE, South 77 °24'25" West (called South 77 °24'07" West), along the northerly line of said
66.58 acre tract, a distance of 3,606.53 feet to a 2 -inch pipe found marking the southeasterly
corner of a called 2.0375 acre tract conveyed to Gabriel Manzanares by deed recorded in Volume
1504, Page 372, O.P.R.C.C., and marking the southwesterly corner of the herein described tract;
THENCE, North 12 °35' 12" West (called North 12 °36'04" West), along the easterly line of said
2.0375 acre tract and the easterly line of a called 2.5375 acre tract (Tract No. 1) conveyed to
William McDonald by deed recorded in Volume 1111, Page 669, O.P.R.C.C., a distance of
985.20 feet (called 985.02 feet) to the POINT OF BEGINNING and containing 80.998 acres
(3,528,257 square feet) of land.
Notes:
1. All bearings are based on the Texas Coordinate System of 1983, South Central Zone,
NAD 83.
2. All distances are surface unless otherwise noted and may be converted to grid by
multiplying by the combined scale factor of 0.99990145.
3. This metes and bounds description is referenced to a survey drawing prepared by Cobb,
Fendley & Associates, Inc. dated December 3, 2014 and titled "BOUNDARY SURVEY
OF 80.998 ACRES IN THE WILLIAM BLOODGOOD AUGMENTED SURVEY, A -5
AND THE CHAMBERS COUNTY SCHOOL LAND SURVEY NO. 3, A -321
CHAMBERS COUNTY, TEXAS ".
Cobb Fendley & Associates, Inc.
1506 East Broadway St., Suite 201
Pearland, Texas 77581
TBPLS Firm Registration No. 10046
December 3, 2014
Page 2 of 2
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