Ordinance No. 13,170ORDINANCE NO. 13,170
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 NORTHDEN HOLDINGS, 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 the City of Baytown, Texas, hereby authorizes
and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an
Industrial District Agreement with NorthDen Holdings, LTD. A copy of said Industrial District
Agreement is attached hereto, marked Exhibit "A" and incorporated herein for all intents and
purposes.
Section 2: This ordinance shall take effect immediately f
xom and after its passage by
the City Council of the City of Baytown. 1'
INTRODUCED, READ, and PASSED by the affirma ' e vote of the City Council of the
City of Baytown, this the 14th day of April, 2016.
APPROVED AS TO FORM:
NACIO RAMIREZ, S , ty Attorney
H. DONCARLOS, Mayor
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R:'.Karem.Files'•City CounciP.Ordinances\2016\April 14 .IDAwithNoithDenHoldingsLTD.doc
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 NorthDcn Holdings, LTD., a Texas
limited partnership, hereinafter referred to as "Property Owner." In consideration of the
promises and of the mutual covenants and agreements herein contained, it is agreed by and
between the City and Property Owner as follows:
I.
Parties
This Agreement is made under the authority of Texas Local Government Code Annotated
§42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The
parties to the Agreement and their addresses are:
I . The "City"
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.O. Box 424
Baytown, TX 77522
2. The "Property Owner" Tax Statement Address:
NorthDen Holdings, LTD. NorthDcn Holdings, LTD.
7809 Park Place Boulevard 7809 Park Place Boulevard
Houston, TX 77087 Houston, TX 77087
Il.
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
0
mentioned authority, the City Council of the City has by ordinance, designated the aflected area
as an industrial district, the same to be known as Baytown Industrial District No. 3 (the
"Industrial District ").
IiI.
Term
The term of this Agreement is seven tax years, from 2016 through 2022, unless it is
sooner terminated under the provisions hereof. This Agreement shall be effective and
binding on the parties hereto upon execution hereof on behall'of the parties to this Agreement
and shall remain in efficct for seven years. This Agreement supersedes any prior existing
agreements between the Property Owner and the City relating to the subject matter specific to
the term hereof.
IV.
Limited Immunity from Annexation by the City
In consideration of the obligations of the Property Owner herein set forth, the City hereby
guarantees for the term of this Agreement the immunity of the affected area from annexation of
any type by the City except for such parts of the affected property as may be necessary to annex
property owned by third parties within the Industrial District that the City may decide to annex.
Additionally, this Agreement shall not affect the continuation ofany 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 tine City on or before December 31" of each year during tiie tern hereof a
sum of money equal to: the Base Value Industrial District Payment plus the Added Value
Industrial District Payment. The surn of the Base Value Industrial District Paymcnt 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:
2016
$8,299,381.00
2017
$8,299,381.00 -�
___')_0 018
F�2019
$8,299,381.00
$8?99,381.00
I
H
IN III
2020 $8,299,38 1.00
?021 $8,299,381.00
2022 $8,299,381.00
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:
plus
TAX YEAR
YEARLY
PAYMENT
RATE
2016
.66
2017
.66
2018
.66
2019
.66
2020
.66
2021
.66
2022
.66
B.
,Added Value Industrial District Payment
The Added Value Industrial District Payment shall be calculated as follows:
( 1) the fair market value as determined by the City, of all of the Property Owner's
land and all other tangible property, real, personal or mixed, within the affected
area on January I of each year in which an Industrial District Payment is due
hereunder minus the Base Year Value, hereinaflcr 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 terns of this Agreement, multiplied by the
applicable added value industrial district payment rate detailed below.
The applicable Added Value Industrial District Payment Date shall be detennincd using
the following chart:
3
0
TAX YEAR
ADDED VALUE
INDUSTRIAL
DISTRICT PAYMENT
RATE
2016
.00
2017
.00
2018
.25
2019
.35
2020
.45
2021
.55
2022
.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.
V1.
Valuations and Collections
A.
Generally
The parties hereto recognize that said Chambers County Appraisal District is not
required to appraise for the City the land, improvements, and tangible property, real or mixed, in
the aftectcd area, which is not within the corporate limits of the City, for the purpose of
computing the payments hereunder. For the purpose of providing a procedure for determining
and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted
and made a part hereof all provisions of the Constitution and statutes of the State of Texas
pertaining to ad valorem taxation as amended throughout the tern 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 unifonn 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 liinjt the income method of appraisal specified in Section 23.012 of the
Texas Property Tax Code` to only properties for which a rental market exists, instead if such
method is used, the chief appraiser shall:
I. use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data from generally accepted sources in determining an appropriate
capitalization rate; and
4. determine a capitalization rate for incomc- producing property that includes a
reasonable return on investment, taking into account the risk associated with
the investment.
The parties agree that the fair market value of the Property Owner's land,
improvements, and tangible property subject to Subsections B and C of this section shall be
deteniiined in accordance with the market value computation contemplated in the 'Texas
Property Tax Code for the purpose of calculating the Property Owner's payment under this
Agreement on properties annexed or disannexed subsequent to the commencement of this
Agreement. The City may choose to use the appraised value as finally determined by the
Chambers County Appraisal District (or through administrative or judicial appeal of the
Chambers County Appraisal District's detenmination), 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 Judgmlent to the
Civil District Court of Chambers County, Texas, as provided for by Section X111 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.
Adiushnent of Base Value for Property Inside the Corl2orate Limits but Subscqucntly
Disannexcd
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is disannexed from the corporate limits of the City during the tern of this Agreement, shall
become part of the affected area immediately upon disannexation. The value for such
disanncxcd Iand, improvements and tangible property, real or mixed shall be detcmlined as
described in Subsection A of this Section based upon the year in which the property is
disannexed and shall be added to the Base Value specified in Article V each year after the
disannexation for purposes of payment hereunder.
C.
Adjustment of Base Value for Property Outside.the Corporate Limits but Subsequently Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is annexed into the corporate limits of the City during the term of this Agreement, shall be
removed from the affected area the year after the annexation. The value for such annexed
land, improvements and tangible property, real or mixed shall be detenmined 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 l of
each year showing the total amount due on December 31 of such year pursuant to this
5
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 I 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
tern 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 reccipt by the
City of both Chambers County Appraisal District's form notification that the appraised value of
the property has been reduced and a written refund request by the Property Owner; if not paid
timely, the refund amount shall bear interest at the rate specified in Section 2251.025 of the
Texas Government Code beginning 60 days after the City received both the Property Owner's
written refund request and the Chambers County Appraisal District's formal notification that
the appraised value of the property has been reduced.
V11.
Comftliance with Law
The City and the Property Owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise, vibration and toxic levels of those industries located in the Industrial District,
and that development within the District may have an impact on the drainage of surrounding
areas. To this end, the Property Owner and the City agree that the same standards and criteria
relative to noise, vibration and toxic levels and drainage and flood control which are adopted by
the City and made applicable to portions of the City adjacent to the Industrial District shall also
be applicable to the affected area. The Property Owner agrees that any industrial or other
activity carried on within the affected area will be constructed in strict compliance with all
applicable valid state and federal air and water pollution control standards. If the Property
Owner's property within the affected area is subject to the Occupational Safety and Health Act,
29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to ensure that its
facilities and improvements in the affected area comply with the applicable fire safety standards
of such act and the resolutions from time to time promulgated hereunder (the "OSHA
6
I
Standards "), but there shall be no obligation to obtain any pen-nits of any kind from the City in
connection with the construction, operation or inaintcnance 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
arc subject to regulation by other governmental entities, including the state and fcdcral
governments and their various departments and agencies. The City and the Property Owner also
recognize that the City may have an interest in activities in the City's industrial districts that are
regulated by other governmental entities. Nothing in this Agreement is intended to limit the
City's right and authority to communicate its interest in, or opposition to, those activities to the
applicable regulatory agencies or to participate, to the extent allowed by law, in any related
administrative or judicial proceeding.
Vill.
Inspections
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's
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.
Il.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the tenns 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 tcnn of this agreement and collect the payments required
hereunder. Notwithstanding any to the contrary contained herein, should the City dctenninc 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 die case of a default under Section Vll 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
I
M
steps, then the cure period shall be extended until such negotiations, administrative proceedings
or litigation arc 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 tiie 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 tl }e exception of
annual bills for payments due herein, notice given in any other manner shall be effective when
received by the Property Owner or the City, as the case may be.
X1.
No Further Expansion of Taxing; Jurisdiction
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power
or authority of (lie 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 atYcctcd 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 tenn 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.
0
FIA111
X11.
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 Cl MA or such similar organization is organized and operates. It
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 Judgment Action
117 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 detennining said controversy and tine cause
shall be tried as other civil causes. If the controversy affects an Industrial District Payment, the
Property Owner shall, pending final detennination 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 detennination 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 tine City only. If the Property Owner conveys all or any part
of the property then covered hereby, the Property Owner shall notify tine City within 30 days of
the conveyance and shall thereafter cease to be obligated with respect to the property so
conveyed and the Base Year Value plus the Added Value shall be apportioned between the
Property Owner and the grantee based upon the property conveyed, only if the grantee thereof
enters into an Industrial District Agreement with the City with respect to such property so
conveyed. No right or obligation under this Agreement may be sold, assigned or transferred.
XV.
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 land comprising the affected area, which will not terminate before the expiration
9 ep
date of this Agreement. Additionally, the. officers executing this Agreement on behalf of the
parties hereby represent that such officers have full authority to execute this Agreement and to
bind the party he represents.
XV1.
No Municipal Services
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to famish (1)
sewer or water service, (3) police protection, (3) fire protection (4) road or street repairs, and (5)
garbage pickup service.
XVII.
ScverahLy
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that tents hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law, if it is not possible to so reform such provision, covenant,
obligation or agreement, such determination shall not affect any other provision, covenant,
obligation or agreement, each of which shaft be construed and enforced as if the invalid or
unenforceable portion were not contained herein. Provided, further that such invalidity or
unenforceability shall not affect any valid and enforceable provision thereof, and each such
provision, covenant, obligation or agreement shall be deemed to be effective, operative, made,
entered into or taken in the manner and to the full extent pennitted by law. Notwithstanding the
above, if the application of this Section XViI requires reformation or revision of any tern 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 refon»ation that shortens the tcnn of this
Agreement), the City shall have the option to declare this Agreement tenninated.
XVlll.
Complete Agreement
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties.
XiX.
Non - waiver
Failure of either party hereto to insist on the strict performance ofany 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.
E
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.
XX I.
Headio s
The headings appearing at (lie 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.
XX I I.
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, Farris County, Texas.
XXIII,
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.)
IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf
of the Property Owner this ,I ► day of , 2016, and on behall'of the City
this day of xe.. _ w_ 2016.
NORTHDEN HOLDINGS, LTD., a Texas
Limited Partnership,
BY: NORTHDEN HOLDINGS
MANAGEMENT, L.L.C., its General
Partner
Printed Namc
y� 4
STATE OF
COUNTS` OF _La r ,
the undersigned notary public,
on this day personally appeared the _ F0
of NORTHDEN HOLDINGS MANAGEMENT, L.L.C., the General Partner of NORTH DEN
HOLDINGS, LTD., a Texas Limited Partnership, 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 tllis� clay of__j'.�,�______^ , 20f
".. All;t I;a ' •!
MY loo JLp I'Kotary Public in and for the State
- art,.: NovemOei :.2Qt9
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
12
ATTEST:
LETICIA BRYSCH, City Clerk ~v
APPROVED AS TO FORM:
1GNAC10 RAMIREZ, SR., City Attorney
WADE NICKERSON, Finance Dircctor
R: Kann FilLN.CiHCcmcL% lnclustnial Di;lrici Agitirmcmti.301G P4mns NewCumpanylDA -. Nun• l.ugislics dik
13
Exhibit A
Property Description
Being a 54.589 acre (2,377,918 square feet) tract of land out of Restricted Reserve "A" Block 1
of the Replat of Restricted Reserve "A" of Cedar Crossing Phase II Subdivision, recorded at
Clerk's File No. 54106 of the Chambers County Map Records (C.C.M.R.) , herein described
tract being out of the residue of that called 102.12 acres tract, save and except 14.229 acres tract
conveyed to Cedar Crossing, LP & Charles S. Iupe, Jr. by General Warranty Deed recorded
under Official Public Records Chambers County Texas (O.P.R.C.C.T) Volume 08 -1083, Page
204, dated October 20, 2008, subject tract being situated in the John Steele Survey, Abstract No.
227, Chambers County, Texas, and being more particularly described by metes and bounds as
follows with all bearings being referenced to the Texas State Plane Coordinate System (NAD
83), South Central Zone (No. 4204), and the line between the control monuments being the south
line of said Replat Restricted Reserve "A ", Block 1, all distances shown herein are surface and
may be converted to grid by multiplying a combined scale factor of 0.99988245,
COMMENCING (X= 3,263,443.55, Y= 13,829,532.11) at a 5/8 -inch iron rod with cap stamped
"BURY PARTNERS" (Control Monument) found at the southeast comer of said Restricted
Reserve "A" Block 1, same being the southeast corner of that called 12.487 acre tract conveyed
to CW Cedar Crossing TX Landlord, LLC by deed recorded under Volume 1203, Page 50 of the
Chambers County Deed Records (CCDR) dated June 25, 2010, same being situated at the
northwest intersection of South Greenwood Street, 100 feet wide, recorded under CCCF No.
25643, and Cedar Port Boulevard, 75 feet wide, recorded under CCCF No. 25643;
THENCE South 85 °32'59" West, departing the west line of said South Greenwood Street, along
the common line between said Cedar Port Boulevard and said Replat Restricted Reserve "A"
Block 1, a distance of 694.25 feet to a 5/8 -inch iron rod with cap stamped "BURY PARTNERS"
found for the POINT OF BEGINNING of the herein described tract, same point being the
southwest comer of said 12.487 acres and being situated in the north line of said Cedar Port
Boulevard;
THENCE South 85°32'59" West, departing the west line of said 12.487 acres, along the
common line between said Replat Restricted Reserve "A" Block 1 and said Cedar Port
Boulevard, same being along the south line of the herein described tract, a distance of 1,100.79
feet to a 5/8 -inch iron rod with cap stamped `BASELINE" (Control Monument) found for the
southernmost southwest corner of the herein described tract, said point also being the southeast
comer of a called 5.740 acre tract conveyed to Century Terminals, LLC by deed recorded under
Volume 1344, Page 71 of the CCDR, dated June 20, 2012, also being situated in the north line of
said Cedar Port Boulevard;
THENCE North 00 019'02" West, departing the north line of said Cedar Port Boulevard, along
the common line between said 5.740 acre tract and the herein described tract, a distance of
561.17 feet to a 5/8 -inch iron rod with cap stamped "BASELINE" found for the point of
curvature of a curve to the left in the east line of said 5.740 acre tract;
HOU 4078364320
C�:-
THENCE in a northwesterly direction, continuing along the common line between said 5.740
acre tract and the herein described tract, same being along the arc of said curve to the left, having
a radius of 475.37 feet, a central angle of 51 °00'52 ", whose chord bears North 25 °49'26" West —
409.41 feet, an arc distance of 423.25 feet to a 5/8 -inch iron rod with cap stamped "BASELINE"
found for the point of tangency;
THENCE North 51 019'51" West, continuing along the common line between said 5.740 acre
tract and the herein described tract, a distance of 136.00 feet to an iron rod with cap stamped
'BURY PARTNERS" found for the point of curvature of a curve to the right, said point also
being the common north comer between said 5.740 acres and that called 10.00 acres conveyed to
Century Terminals, LLC by deed recorded under Volume 1203, Page 431 of the CCDR, dated
June 29, 2010;
THENCE in a northwesterly direction, departing the west line of said 5.740 acres, along the
common line between said 10.00 acres and the herein described tract, same being along the arc
of said curve to the right, having a radius of 588.69 feet, a central angle of 39°40'57 ", whose
chord bears North 33 032'02" West — 399.62 feet, an arc distance of 407.72 feet to a point for the
northernmost comer of said 10.00 acre tract, said point also being the point of cusp of a non -
tangent curve to the right, from said point a 5/8 -inch iron rod with cap stamped "BURY
PARTNERS" was found bearing North 76018'18" East — 0.29 feet;
THENCE in a Southwesterly direction, along the common line between said 10.00 acre tract and
the herein described tract, same being along said non - tangent curve to the right, having a radius
of 653.80 feet, a central angle of 12 125'32 ", whose chord bears South 21 °32'04" West — 141.51
feet, an arc distance of 141.79 feet to a 5/8 -inch iron rod with cap stamped "BURY
PARTNERS" found for the point of tangency in the common line between said 10.00 acre tract
and the herein described tract;
THENCE South 27°50'28" West, along the common line between said 10.00 acre tract and the
herein described tract, a distance of 50.07 feet to a 5/8 -inch iron rod with cap stamped "BURY
PARTNERS" found for the point of curvature of a curve to the left;
THENCE in a southwesterly direction, continuing along the common line between said 10.00
acre tract and the herein described tract, same being along the arc of said curve to the left, having
a radius of 603.80 feet, a central angle of 06150'15", whose chord bears South 24 °30'30" West —
72.01 feet, a distance of 72.05 feet to a 5/8 -inch iron rod with cap stamped "LUPHER, LLC" set
for corner in the common line between said 10.00 acre tract and the herein described tract being
a point of cusp of non - tangent curve to the right;
THENCE in a Northeasterly direction, along the west line of the herein described tract, same
being along the arc of said curve to the right, having a radius of 748.00 feet, a central angle of
11 °25'08 ", whose chord bears North 05 040'22" East — 148.83 feet, an arc distance of 149.07 feet
to a 5/8 -inch iron rod with cap stamped "LUPHER, LLC" set for the point of tangency;
THENCE North 11022'42" East, along the west line of the herein described tract, same being
parallel with and 25 -feet east of the centerline of an existing railroad track, a distance of 115.63
HOU 407838432v1
feet, to a 5/8 -inch iron rod with cap stamped "LUPHER LLC" set for the point of curvature of a
curve to the left in the west line of the herein described tract;
THENCE in a northeasterly direction, along the west line of the herein described tract, being
parallel with and 25 -feet east of the centerline of an existing the railroad track, along the arc of
said curve to the left, having a radius of 949.71 feet, a central angle of 03'23'14", whose chord
bears South 09°41'05" West — 56.14 feet, an arc distance of 56.15 feet to the point of tangency in
the west line of the herein described tract;
THENCE North 07059'28" East, along the west line of the herein described 54.589 acres tract,
same being parallel with and 25 -feet East of an existing railroad tract, a distance of 391.67 feet to
a 5/8 -inch iron rod with cap stamped " LUPHER LLC" set for the point of curvature of a curve
to the right, in the west line of the herein described tract;
THENCE in a Northeasterly direction, continuing along the west line of the herein described
tract, being parallel with and 25 -feet east of the centerline of an existing railroad track, along the
arc of said curve to the right, having a radius of 439.16 feet, a central angle of 33 °01'09 ", whose
chord bears North 24 030'02" East — 249.60 feet, an arc distance of 253.08 feet to a 5/8 -inch iron
rod with cap stamped "LUPHER, LLC" set for the Northwest comer of the herein described
tract, same point being situated in the South line of that tract 10 -foot wide right -of -way conveyed
to Continental Oil Company by deed recorded in Volume 432, Page 328 CCDR, dated February
5, 1979, from same point the northwest comer of said Replat Restricted Reserve "A ", Block 1
bears South 90 °00'00" West — 231.05 feet;
THENCE North 90 000'00" East, along the Northernmost North line of the herein described
tract, a distance of 272.37 feet to a 5/8 -inch iron rod with cap "No Name" found for the northerly
most northeast corner of the herein described tract, same also being the common north comer
between said Replat Restricted Reserve "A" Block 1 and that called 28.682 acre tract conveyed
to Seapac, Inc by deed recorded in Volume 94 -251, Page 410 CCDR, dated October 25, 1994;
THENCE South 00 °00'00" East, along the common line between said Replat Restricted Reserve
"A" Block 1 and said 28.682 acre tract, a distance of 600.00 feet to a 5/8 -inch iron rod with cap
stamped "SURVCON" found for an interior comer of said Replat Restricted Reserve "A" Block
1, same being the southwest corner of said 28.682 acre tract, from said point a 1/2 -inch iron rod
with cap stamped "BURY PARTNERS" was found bearing S 31 °18'28" E — 0.71 feet;
THENCE North 90 000'00" East, along the common line between said Replat Restricted Reserve
"A ", Block 1 and said 28.682 acre tract a distance of 1,925.94 feet to a mag nail with washer
stamped "LUPHER, LLC" set in concrete slope paving for the easternmost northeast corner of
the herein described tract, same point being the easternmost northeast corner of said Replat
Restricted Reserve "A" Block 1, from said point a "punch hole" in concrete was found bearing S
29 PI TI 2" E — 0.26 feet;
THENCE South 00 °00'00" West, departing the south line of said 28.682 acre tract, along the
common line between said Replat Restricted Reserve "A ", Block 1 and the herein described
tract, at 338.12 passing the north right -of -way of West Greenwood Street, recorded at CCCF No.
HOU 407836432vl
cz-
25643, and continuing for a total overall distance of 539.88 feet to a point for the northeast
comer of said 12.487 acres, same being the easternmost southeast comer of the herein described
tract, said point also being situated in the west line of said West Greenwood Street, from same
point a 5/8 -inch iron rod with cap stamped "BURY PARTNERS" was found bearing North
30 °57'50" West 0.40 feet;
THENCE North 90 000'00" West, departing the common line between said Replat Restricted
Reserve "A ", Block 1 and said West Greenwood Street, along the common line between said
12.487 acre tract and the herein described tract a distance of 692.16 feet to an iron rod with cap
stamped "BURY PARTNERS" found for the northwest corner of said 12.487 acre tract, same
point being an interior comer of the herein described tract;
THENCE South 00 °00'00" West, along the common line between said 12.487 acre tract and the
herein described tract a distance of 812.82 feet to the POINT OF BEGINNING of the herein
described tract of land containing 54.589 acres (2,377,918 square feet) of land, more or less.
This Real Property Description is based upon an American Land Title Association and American
Congress Survey Mapping (ALTA/ACSM) Land Title Survey performed under the direct
supervision of Lee G. Lupher, RPLS in March 2013.
HOU 407836432v1