The URL can be used to link to this page

Ordinance No. 13,397ORDINANCE NO. 13,397 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT WITH HARRIS COUNTY, THE BAYTOWN REDEVELOPMENT AUTHORITY AND THE REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, 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 authorizes the City Manager to execute and the City Clerk to attest to the Third Amendment to the Interlocal Agreement with Harris County, the Baytown Redevelopment Authority and the Reinvestment Zone Number One, City of Baytown, Texas. A copy of said amendment is 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 vote City of Baytown this the 26tb day of January, 2017. /ofle City Council of the H. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, Ci t APPROVED AS TO FORM: NACIO RAMIREZ, SR. ity Attorney \\cobfs01Vega1\xaren\Fi1es\City Counci1\0rdimnces\2017\Jmuary 26\ThirdAmendment2TIRZIntedcoalAgr ent.doc Exhibit "A" THE STATE OF TEXAS § COUNTY OF HARRIS § THIRD AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY, CITY OF BAYTOWN, AND TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS THIS THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT ("Third Amendment") is made by and between the CITY OF BAYTOWN ("City") a municipal corporation and home -rule city of the State of Texas principally situated in Harris County, acting by and through its governing body, the Baytown City Council, ("City Council") a body corporate and politic under the laws of the State of Texas, and HARRIS COUNTY ("County") acting by and through its governing body, the Harris County Commissioners Court ("Commissioners Court"), and TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS ("TIRZ"), created by city action, pursuant to Chapter 311.005 of the Texas Tax Code. This First Amendment is made pursuant to Chapter 791 of the Texas Government Code and Chapter 311 of the Texas Tax Code. WHEREAS, on August 9, 2001, the City Council adopted Ordinance No. 9197, designated the TIRZ comprised of 350 acres, and formed the TIRZ Board of Directors ("Board"). On November 20, 2001, by Ordinance No. 9275, the TIRZ was expanded to 474 acres. WHEREAS, on December 13, 2001, by Ordinance No. 9290, City Council adopted the Project Plan and Reinvestment Zone Financing Plan ("Project Plan") dated December 5, 2001. WHEREAS, on January 22, 2004, by Ordinance No. 9708, the City Council annexed approximately 45 acres to TIRZ. WHEREAS, on December 9, 2004, the City Council adopted Ordinance No. 9968 to restate the boundaries of TIRZ to include 474 acres expanded in 2001 and 45 acres annexed in 2004. WHEREAS, on December 18, 2007, the Commissioners Court approved the Interlocal Agreement to allow the County's participation in the Baytown TIRZ ("Original Agreement"). WHEREAS, on July 22, 2008, the Commissioners Court approved the City of Baytown's Amended Project Plan and Reinvestment Zone Financing Plan. WHEREAS, on July 24, 2008, the City Council approved TIRZ Restated and First Amended Project Plan by adoption of Ordinance No. 10,923. WHEREAS, on October 9, 2008, by Ordinance No. 10,982, the City Council ratified Ordinance No. 10,923. WHEREAS, on August 23, 2011, the Commissioners Court Approved the First Amendment to the Interlocal Agreement ("First Amendment") with City and TIRZ. WHEREAS, on November 19, 20121) by Ordinance No. 12,111, the City Council annexed 58.693 ACRES to TIRZ. WHEREAS, on November 19, 2012, by Ordinance No. 12,112, the City Council approved the 2012 Amendment to the Project Plan. WHEREAS, on March 26, 2013, the Commissioners Court Approved the Second Amendment to the Interlocal Agreement ("Second Amendment") based on 2012 Baytown TIRZ Enlargement. WHEREAS, on December 11, 2014, by Ordinance No. 12,730, the City Council de - annexed 112 acres from TIRZ and annexed 45 acres to TIRZ and 2014 Amendment to the Project Plan was approved. WHEREAS, on August 13, 2015, by Ordinance No. 12,918, the City Council annexed 79 acres to TIRZ and 2015 Amendment to the Project Plan was approved. WHEREAS, the parties intend that this Third Amendment shall supersede all terms and conditions of the Original Agreement, First Amendment and Second Amendment, and County's participation may continue through tax year 2030, unless the County's Payment Cap of $20,100,000 (comprised of Hunt Road $3,500,000; John Martin Road $1,500,000; San Jacinto Boulevard $9,500,000; and Sjolander Road and North of Interstate 10 $5,600, 000) is achieved first, or in the event of such time as the County's tax increment payments are no longer required to pay for the project costs in which the County has agreed to participate and/or to repay the bonded indebtedness related to the project costs for which the County has agreed to participate, or in the event of an earlier default by the City or the TIRZ, whichever occurs,frst, or unless this Third Amendment otherwise terminates as provided herein. WHEREAS, Commissioners Court has re -adopted every two -years "Guidelines for Harris County Participation in Municipal Tax Increment Reinvestment Zones Created in Harris County" ("Guidelines"), with the currently effective Guidelines attached as Exhibit A: I. PARTIES The initial addresses of the jurisdictions that are parties to this Third Amendment, and may change by giving written notice of its changed address to the other parties, are as follows: CITY City of Baytown 2401 Market Street Baytown, Texas 77522-0424 Attention: Mr. Rick Davis, City Manager COUNTY Harris County 8410 Lantern Point Drive Houston, Texas 77054 Attn: Mr. David Turkel, Executive Director Community Services Department TIRZ Board of Directors Tax Increment Reinvestment Zone Number One, City of Baytown, Texas c/o City of Baytown 2401 Market Street Baytown, Texas 77522-0424 Attention: Chair of Board of Directors II. DEFINITIONS As used in this Third Amendment, the following terms shall have the meanings set out below: "Base Value for Zone A" means the certified appraised value within the Zone A of the Zone as established by HCAD for the 2005 Base Year. "Base Value for Zone C" means the certified appraised value within the Zone C of the Zone as established by HCAD for the 2012 Base Year. ''Base Value for Zone D" means the certified appraised value within the Zone D of the Zone as established by HCAD for the 2016 Base Year. "Base Year for the Zone A" means tax year 2005, the base year for County's participation "Base Year for the Zone C" means tax year 2012, the base year for County's participation "Base Year for the Zone D" means tax year 2016, the base year for County's participation "Captured Appraised Value" means for any year the total taxable value as established by HCAD of all real property taxable by the County and located within the boundaries of Zone A, Zone C and Zone D of TIRZ for such year, less the Base Value for Zone A, Base Value for Zone C and Base Value for Zone D. respectively, as defined herein. "City" means the City of Baytown, a Texas home -rule municipal corporation. "County" means Harris County, Texas. "County Tax Increment Participation" means the County's annual ad valorem tax increment payments generated in Zone A, Zone C and Zone D to the TIRZ pursuant to Section IV of this Third Amendment. "CSD" means Harris County Community Services Department Office of Economic Development, and its successors and assigns. "HCAD" means the Harris County Appraisal District. "Payment Cap" means the cumulative maximum County Tax Increment Participation of $20,100,000 for all years in which the County makes payments to the Tax Increment Fund, comprised of Hunt Road $3,500,000, John Martin Road $1,500,000, San Jacinto Boulevard $9,500,000, and Sjolander Road and North of Interstate 10 $5,600,000. "Plan"' means the Project Plan and Reinvestment Zone Financing Plan to be amended and approved by the Board and by the City Council of the City in accordance with the TIRZ Act which should supersede all prior Plans, and as may be subsequently amended. Attached hereto as Exhibit B is the Plan. "Tax Increment Fund" means the fund or account created by the City in the City Treasury for accumulating tax increment revenues associated with certified appraised value increases in the TIRZ. "Zone" means the area within the boundaries of the Tax Increment Reinvestment Zone Number One, City of Baytown, Texas as designated by the City by Ordinance No. 9197, enlarged by the City by Ordinance No. 9275, enlarged by the City by Ordinance No. 9708, enlarged by the City by Ordinance No. 12,111, de -annexed and enlarged by the City by Ordinance No. 12,730, and enlarged by the City by Ordinance No. 12,918, and as the boundaries may hereafter be enlarged or reduced. Attached hereto as Exhibit C is the boundaries of the County Tax Increment Participation within the Zone. "Zone A" means the area as designated by the City by Ordinance No. 9197, enlarged by the City by Ordinance No. 9275, and the area of 112 acres de -annexed by the City by Ordinance No. 12,730. "Zone B" means the area enlarged by the City by Ordinance No. 9708 and whereas County does not participate in Zone B. "Zone C" means the area enlarged by the City by Ordinance No. l 2,11 1. "Zone D" means the area of 45 acres enlarged by the City by Ordinance No. 12,730. "Zone E" means the area enlarged by the City by Ordinance No. 12,918 and whereas County does not participate in Zone E. Otherwise, the terms used herein have the meanings ascribed in Chapter 311 of the Texas Tax Code. III. EFFECTIVE DATE, PAYMENT CAP, TERMINATION DATE The Third Amendment supersedes the Original Agreement, the First Amendment, the Second Amendment and summarizes all terms and conditions of County participation. The Third Amendment shall terminate the earlier of: 1) calendar date August 31, 2031, with respect to taxes collected through tax year 2030; or 2) such time as the cumulative County Tax Increment Participation equals the Payment Cap of $20,100,000, (comprised of Hunt Road $3,500,000; John Martin Road $1,500,000; San Jacinto Boulevard $9,500,000; and Sjolander Road and North of Interstate 10 $5,600,000; or 3) such time as the County Tax Increment Participation is no longer required to pay for the project costs in which the County has agreed to participate; or 4) in the event of an earlier default by the City or the TIRZ; or 5) unless otherwise terminated as provided in this Third Amendment. Upon termination of this Third Amendment, the obligation of the County to contribute to the Tax Increment Fund for the TIRZ shall end. However, the obligations of the City and the TIRZ to refund any overpayment by the County shall survive such termination. IV. COUNTY OBLIGATIONS AND PROJECT DESCRIPTION & COSTS A. County Tax Increment Participation For and in consideration of the agreements of the parties set forth herein, and subject to the remaining subsections of this section, the parties agree that the County shall participate in the Zone A of TIRZ through annual tax increment payments, to the extent authorized by law, to the Tax Increment Fund at a rate of 75% of only the County tax rate, but not to exceed $0.30000 per $100, of tax increment attributable to Captured Appraised Value within the Zone A of TIRZ. The term of County Tax Increment Participation for Zone A will be a maximum of 24 years, beginning with tax year 2007, and ending with tax year 2030, or at such earlier time as the sum of the total tax increment payments contributed by the County in Zone A and Zone D equals the total payment cap of $14,500,000, but not to exceed 1/2 of all eligible project cost for Hunt Road, John Martin Road and San Jacinto Boulevard projects, or at such time as the County's tax increment payment generated in Zone A and Zone D is no longer required to pay for the Hunt Road, John Martin Road and San Jacinto Boulevard projects. Payments by the Port of Houston Authority, the Harris County Flood Control District, the Harris County Hospital District, and any other taxing entity for which the County imposes ad valorem taxes either now or in the future, shall be 0% of the tax increment attributed to the Captured Appraised Value within the TIRZ. For and in consideration of the agreements of the parties set forth herein, and subject to the remaining subsections of this section, the parties agree that the County shall participate in the Zone C of TIRZ through annual tax increment payments, to the extent authorized by law, to the Tax Increment Fund at a rate of 65% of only the County tax rate attributable to Captured Appraised Value within the Zone C of TIRZ. The term of County Tax Increment Participation for Zone C will be a maximum of 18 years, beginning with tax year 2013, and ending with tax year 2030, or at such earlier time as the sum of the total tax increment payments contributed by the County in Zone C equals the payment cap of $5,600,000 for Sjolander Road and North of Interstate 10 project, or at such time as the County's tax increment payment generated in Zone C is no longer required to pay for Sjolander Road and North of Interstate 10 project. Payments by the Port of Houston Authority, the Harris County Flood Control District, the Harris County Hospital District, and any other taxing entity for which the County imposes ad valorem taxes either now or in the future, shall be 0% of the tax increment attributed to the Captured Appraised Value within the TIRZ. For and in consideration of the agreements of the parties set forth herein, and subject to the remaining subsections of this section, the parties agree that the County shall participate in the Zone D of TIRZ through annual tax increment payments, to the extent authorized by law, to the Tax Increment Fund at a rate of 75% of only the County tax rate, but not to exceed $0.30000 per $100, of tax increment attributable to Captured Appraised Value within the Zone D of TIRZ. The term of County Tax Increment Participation will be a maximum of 14 years, beginning with tax year 2017, and ending with tax year 2030, or at such earlier time as the sum of the total tax increment payments contributed by the County in Zone A and Zone D equals the total payment cap of $14,500,000, but not to exceed 112 of all eligible project cost for Hunt Road, John Martin Road and San Jacinto Boulevard projects, or at such time as the County's tax increment payment generated in Zone A and Zone D is no longer required to pay for the Hunt Road, John Martin Road and San Jacinto Boulevard projects. Payments by the Port of Houston Authority, the Harris County Flood Control District, the Harris County Hospital District, and any other taxing entity for which the County imposes ad valorem taxes either now or in the future, shall be 0% of the tax increment attributed to the Captured Appraised Value within the TIRZ. The County Tax Increment Participation shall be restricted for use only on the projects and in the amounts set forth below: Maximum Amount $ John Martin Road Project: $1,500,000 Extending John Martin Road to Hunt Road Hunt Road Project: $3,500,000 Construction of Hunt Road from Garth Road to John Martin Road San Jacinto Boulevard Project: $9,500,000 Construction of San Jacinto Boulevard, IH 10 to Cedar Bayou Lynchburg Sjolander Road and North of Interstate 10 Project: $5,600,000 TOT AL PROJECT COSTS $ 20.100.000 The costs set forth herein are estimates and shall not act as a limitation on any particular element of the costs for the specified projects, although the County participation Payment Cap shall not be increased in the event of cost overruns in specific categories of cost. In the event of bond financing, the County Tax Increment Participation may be dedicated to bond repayment. However, in that event, a portion of the bond proceeds equal to the total of all of the County's proposed participation shall be restricted for use only on those projects and in the amounts set out herein and not to be used for any bond financing cost. In the event the City or the Board expends funds inconsistent with the Plan attached hereto as Exhibit B, the County may notify the City and the Board of such breach, and the defaulting party shall have 60 days to cure the breach. In the event the breach is not cured within 60 days, the County may elect to suspend all tax increment payments to the TIRZ until the breach is cured. The County increment funds shall only be used to fund the projects' costs as detailed in herein, and shall not be used to fund bond financing related cost, water, sewer, street lighting, and sidewalks. Further, any costs incurred above the County Payment Cap will be incurred at the expense of the developers, the City, and the TIRZ. The County, at its option, may choose to manage construction of any project listed herein to which it contributes more than 51 % of the total project costs with respect to such project. B. Payment Date & Limitations of County Tax Increment The County shall disburse annual increment payments once each year to the City or the TIRZ by August 31 st. The County has no duty or obligation to pay the County Tax Increment Participation from any other County taxes or revenues, or until the County Tax Increment Participation for the TIRZ is actually collected. Any portion of the taxes representing the County Tax Increment Participation that are paid to the County and subsequently refunded to taxpayer, pursuant to the provisions of the Texas Tax Code, shall be offset against future payments to the Tax Increment Fund. The obligation to pay the County Tax Increment Participation accrues as taxes representing the County Tax Increment Participation are collected by the County. No interest or penalties shall be charged to the County for any late payments from the County to the City or TIRZ, regardless of any statutory provision that may permit assessment of late payment penalties. The obligation of the County to fund projects is limited to the area within the current TIRZ boundaries. The County Tax Increment Participation does not extend to the tax increment on any additional property that would increase the total amount of project costs above the stated Payment Cap for County Tax Increment Participation, unless Commissioners Court specifically grants its prior approval to participate in such additional area, projects, or costs. In addition, County participation does not extend to any dedication of revenue from the Tax Increment Fund for projects outside the TIRZ, unless Commissioners Court specifically grants its prior approval to participate in such dedication. V. CITY AND BOARD OBLIGATIONS A. Future Revisions to the Plan Any member of Commissioners Court may review and comment upon any Revised Plan, prior to approval. The City agrees to formally present to Commissioners Court any proposed TIRZ amendment or expansion at least 60 days prior to submitting it to City Council for approval, regardless of whether the County will be asked to participate in such an amendment. County participation in any Revised Plan requires a majority affirmative vote by Commissioners Court and amendment to the terms of this Third Amendment, prior to approval by City Council. Failure of the City or the Board to receive such Commissioners Court approval is a breach of the Third Amendment and may be regarded by the County as grounds for termination of this Third Amendment. B. Disposition of Tax Increment Upon termination of the TIRZ, and after all bonded indebtedness of the TIRZ has been paid, the City and the Board shall refund to the County, within 30 days of said termination, all monies remaining in the Tax Increment Fund that are attributable to the County Tax Increment Participation. C. Annual Audited Financial Statements and Other Reports of the TIRZ Each year the City or the Board shall furnish complete copies of the audited financial statements for the TIRZ, including auditor's opinion and footnotes to CSD, within 90 days of completion by the auditors for the TIRZ. In addition, the City shall provide to the County a copy of all reports, studies and analyses prepared by the City, the TIRZ or others concerning expenditure of Tax Increment Funds or repayment of bonded indebtedness of the TIRZ. D. County Audit Rights The County shall have the right to audit the Tax increment Fund and the books and records of the TIRZ upon 30 days written notice to the City or the TIRZ. At the discretion of the County, any such audit shall be performed by the County or at County expense. E. Limitations for Administrative Fees Neither the City nor the Board members nor the TIRZ itself shall be entitled to receive any type of fee, whether administrative, overhead, or otherwise, for any amounts paid into the Tax Increment Fund by the County. The City agrees to forego acceptance of any fee that may be permitted by current or future federal, state, or local statute, other than for fire, police, and EMS services, whether deducted from the Tax Increment Fund or offset against payments to the TIRZ or reimbursed by the TIRZ at a later date unless the fee is owed for specific projects described in "COUNTY OBLIGATIONS AND PROJECT DESCRIPTION & COSTS". VI. EARLY TERMINATION AND BREACH A. Early Termination The TIRZ may terminate pursuant to the provisions of Texas Tax Code Chapter 311. If the City's participation ceases or is decreased, then the County's participation shall automatically cease or be decreased by the same pro rata percentage. B. Breach of Third Amendment Events of breach by the City or the TIRZ include, but are not limited to, the following: 1. Expenditure of Tax Increment Funds by the City or the TIRZ in a manner inconsistent with the Plan, or any Revised Plan; or 2. A default on bonded indebtedness or other debt obligations of the TIRZ subsequent to completion of construction and funding detailed in "COUNTY OBLIGATIONS AND PROJECT DESCRIPTION & COSTS." It is the intent of the parties that County participation in the TIRZ or any expansion thereof is limited to the term or terms as stated herein. Nothing in this Third Amendment, however, limits the authority of the County Commissioners Court to increase the Payment Cap and the amount of the County Tax Increment Participation set forth in "COUNTY OBLIGATIONS AND PROJECT DESCRIPTION & COSTS." Upon early termination and/or of this Third Amendment, the obligation of the County to contribute to the Tax Increment Fund for the TIRZ shall end. However, the obligations of the City and the TIRZ to refund any overpayment by the County shall survive such early termination and/or breach. VII. ADMINISTRATION A. Reconciliation of Accounts The payment calculations for County Tax Increment Participation shall include appropriate retroactive adjustments for any prior year subsequent tax collections or other necessary adjustments. In any year of County Tax Increment Participation, if the County payment is determined to have been at least 10% greater than the amount actually due, the County may at its discretion request that the amount of overpayment be refunded by the City or the TIRZ within 60 days of receipt by the City of the TIRZ of written notification from the County that such overpayment occurred. Otherwise, the amount of overpayment shall be offset in the appropriate amount as a retroactive adjustment in the subsequent year payment by the County to the TIRZ or the City. In any year of County Tax Increment Participation, if the County tax increment payment is determined to have been at least 10% less than the amount actually due, the City or TIRZ may, at its discretion, request that the amount of underpayment be paid to the City or the TIRZ within 60 days of the County's receipt of written notification from the City or the TIRZ that such underpayment by the County occurred. Otherwise, the amount of underpayment shall be included in the appropriate amount as a retroactive adjustment in the subsequent year payment by the County to the TIRZ or the City. In the event of an overpayment or underpayment within 10% of the County payment in a given year, the County shall include a retroactive adjustment for the appropriate amount in its subsequent year payment. B. Board of Directors The County shall have the unequivocal right to appoint and thereafter at all times maintain one member on the Board. The County may also appoint and maintain as many non-voting ex officio members on the Board as the County may choose. C. Severability In the event any term, covenant or condition herein contained is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant or condition herein contained. In the event any term, covenant or condition shall be held invalid and affects in any manner the limitations on the County's, or any other participant's contributions, then neither the County, nor any other participant, shall have any liability for any incremental or other payments as may otherwise be provided herein. D. Entire Agreement This Third Amendment merges the prior negotiations and understandings of the parties hereto and embodies the entire agreement of the parties, and there are no other agreements, assurances, conditions, covenants (expressed or implied) or other terms with respect to the covenants, whether written or verbal, antecedent or contemporaneous, with the execution hereof. E. Written Amendment Unless otherwise provided herein, this Third Amendment may be amended only by written instrument duly executed on behalf of each party. F. Notification: All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third business day following deposit in a United States Postal Service post office or receptacle with proper postage affixed, via certified mail with return receipt requested, and addressed to the respective other party at the address prescribed in the Section entitled "PARTIES" in this Third Amendment, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. G. Non -Waiver: Failure of any party hereto to insist on the strict performance of any of the covenants herein or to exercise any rights or remedies hereunder upon default of failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any other right or remedy occurring as a result of any future default or failure of performance. H. Assignment: No party shall assign this Third Amendment at law or otherwise without the prior written consent of the other parties. No party shall delegate any portion of its performance under this Third Amendment without the written consent of the other parties. I. Successors: This Third Amendment shall bind and benefit the parties and their legal successors. This Third Amendment does not create any personal liability on the part of any officer, agent or employee of the City, City Council, the TIRZ, the Board, the County, or Commissioners Court. J. No Waiver of Immunity: No party hereto waives or relinquishes any immunity or defense on behalf, of itself, officers, employees, and agents as a result of its execution of this Third Amendment and performance of the covenants contained herein. IN WITNESS WHEREOF. the City. the County and the Board have made and executed this Third Amendment in multiple copies, each of which is an original. Failure by the City and the Board to execute this Third Amendment within 90 days of approval by Commissioners Court shall render this Third Amendment null and void. APPROVED AS TO FORM: Vince Ryan Harris County Attorney By: � '4 Douglas. Ray Assistant ounty Attorney Date: 15--DecJ- k ATTEST/SEAL: By: Leticia Brysch City Clerk Date: TAX INCREMENT REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS By: _ Name: Harris County B--,4 D4avid Turkel Executive Director Community Services Department Date: t?- —20 —j" CITY OF BAYTOWN Bv: Stephen DonCarlos Mayor. City of Baytown Date. ATTFSIYSEAL: By: _ Name: Chair. Board of Directors Secretary. Board of Directors Date: Date: Exhibit A ®HARRIS COUNTY, TEXAS COMMISSIONERS COURT: c/o Community Services Department En EMMETT Office of Economic Development COUNTYJUDGE 8410 Lantern Point Dr. EL FRANCO LEE Houston, TX 77054 COMMISSIONER, PRECINCT 1 713-578-2000 JACK MORMAN COMMISSIONER, PRECINCT 2 STEvE RADACK COMMISSIONER, PRECINCT 3 JACK CAGLE COMMISSIONER, PRECINCT 4 GUIDELINES FOR COUNTY PARTICIPATION IN MUNICIPAL TAX INCREMENT REINVESTMENT ZONES CREATED IN HARRIS COUNTY Whereas, the development and redevelopment of unproductive, underdeveloped or blighted areas within the County are the highest civic priority; Whereas, under Chapter 311 of the Texas Tax Code, the Tax Increment Financing Act, and TEX. CONST. Art. VIII, § 1-g, tax increment financing may be utilized to achieve these goals; Whereas, Harris County may, from time to time, determine that it should participate in such Tax Increment Financing as provided for in Chapter 311; and Whereas, Commissioners Court wishes to establish guidelines governing such participation; Now, therefore, be it resolved that Harris County does hereby adopt these Guidelines governing its participation in such Tax Increment Financing within Harris County. 1. Definitions (a) "Blight" means the presence of: 1. substantial number of substandard, slum, deteriorated, or deteriorating structures; 2. the predominance of defective or inadequate sidewalk or street layout; 3. faulty lot layout in relation to size, adequacy, accessibility, or usefulness; 4. unsanitary or unsafe conditions; 5. the deterioration of site or other improvements; 6. tax or special assessment delinquency exceeding the fair value of the land; 7. defective or unusual conditions of title; or 8. conditions that endanger life or property by fire or other cause. (b) "Cap" means a maximum amount beyond which the County will not contribute. HARRIS COUNTY GUIDELINES FOR TIRZ PARTICIPATION Page 1 (c) "Development Agreement" is defined as a contract between the County and a developer which commits the developer to complete a project or projects with a guaranteed value added to the County tax rolls within a specified time period. (d) "Development of Facilities or Infrastructure" which would normally be obligations of a County Precinct or a Municipality are not eligible for Tax Increment Reinvestment Zone ("TIRZ" or "Zone") funding unless a commercial development would not occur but for such improvements and the TIRZ increment generated by that commercial development being the sole source of such TIRZ funding. (e) "Development Specific" means that County contributions to developers are limited to the tax revenue generated within the footprint of each developer's project. (f) "Infrastructure" is defined as sewer and water, roadways, sidewalks, bridges, and detention. (g) "Public Facilities" are defined as those facilities and or Infrastructure owned by, operated by and funded by Harris County. They are facilities that are normally funded with Public Improvement Bonds and provide County -Wide services. (h) "Project Plan" means the project plan for the development or redevelopment of a reinvestment zone approved under §311, including all amendments of the plan approved by Commissioners Court. (i) "Project Specific Participation" means participation in which the County selects certain elements of a Project Plan to which it will contribute portions of its increment contribution. (j) "Reinvestment Zone Financing Plan" means the financing plan for a reinvestment zone as described in §311. (k) "Set -Aside Funds" means a portion of not less than 1/3 of the tax increment received by a Zone created by petition, which portion is to be used to provide affordable housing during the term of the Zone. (1) "Undeveloped" or "Underdeveloped" area means an area that is predominantly open and, because of obsolete platting, deterioration of structures or site improvements, inadequate infrastructure, or other factors, substantially impairs or arrests sound growth. (m) "Zone Created by Petition" means a reinvestment zone created in accordance with Tex. Tax Code Ann. §311. 2. Participation Requirements HARRIS COUNTY GUIDELINES FOR TIRZ PARTICIPATION Page 2 (a) County Audits. The County will have the right to audit the books and records of every Zone and Redevelopment Authority ("RDA") in which it participates. Such audits will take place at any time convenient to the County. (b) Eligible Zone. For a reinvestment zone to be eligible for County participation, it shall: 1. Meet the definition of a "Blighted" and/or "Underdeveloped" area as set out in Section 1, herein. 2. Cost/Benefit analysis must show a net financial benefit will accrue to the County during the term of its participation. (c) Eligible Project. In order to be eligible for County participation, a project: 1. must have a clear public purpose; 2. must be clearly identified with cost estimates for its components; 3. must facilitate development of undeveloped or underdeveloped areas or enhance the quality of life for current residents of the Zone; 4. may not have as its sole purpose, the relief of a municipality or a County Precinct of its obligation to maintain and/or grow its infrastructure; 5. Private Development must show that the proposed development would not occur and/or that funding would be inadequate without County participation; 6. can only be undertaken for infrastructure projects which are part of or directly affect a commercial development covered by the Project Plan or County Public Facilities. (d) Terms of Participation. 1. The County may only participate in Zones created in accordance with §311 of the Property Tax Code. 2. The annual County increment participation in a TIRZ shall be a maximum of 85% from the County and at the discretion of Commissioners Court, from those other jurisdictions for which the County may commit. Up to 50% of the County's annual commitments may be utilized as incentives to developers in accordance with section 1(m) herein. A 65% participation may be allowed within the footprints of those specific projects that are projected to result in a tax roll increase in excess of $2 billion or new employment of 1,000 or more. See item 5(f) for the utilization of the additional 20%. 3. County participation shall be "Project Specific" except for County created or County controlled TIRZs. 4. County participation must be capped for each approved project within the TIRZ except for County created or County controlled TIRZs. 5. The term of County participation will not extend beyond its payment of the total of all Capped amounts or the Zone's receipt of the total amounts necessary for all existing projects from all jurisdictions including those County projects that may be added to the Financing and Project Plan from time to time. HARRIS COUNTY GUIDELINES FOR TIRZ PARTICIPATION Page 3 6. Should bonds be issued for private developments, none of the bond costs of issue shall be paid for out of County increment. 7. If the County is participating in a petition -created Zone, then 1/3 of each year's increment payment will be returned to the County's Community Services Department ("CSD") within 30 days of its receipt by the City for use by the County in its affordable housing programs within Harris County, unless affordable housing bonds are issued, in which case the County is to receive 1/3 of the bond proceeds. 8. Funding for County Public Facilities shall be derived from the uncommitted increment generated from each TIRZ created or controlled by the County. 9. Each Development Agreement shall limit the amount allocated from the County's increment and utilized by the developer for administrative, legal, or other professional expenses to no more than 10% of such increment except for engineering and architectural fees directly related to the specific projects. No portion of the County increment may be paid to the City for administrative fees. 3. Approval (a) Prior to approving an order of participation in a TIRZ, the Commissioners Court may hold a public hearing at which interested persons shall be entitled to speak and present written materials for or against County participation. (b) In order to approve participation in a municipal TIRZ, the Commissioners Court must find that the terms of the proposed participation shall conform with these Guidelines and that: 1. There will be no substantial adverse effect on the provision of the jurisdiction's service or tax base; and 2. Such participation will not substantially adversely affect the County's ability to carry out its long range development plans. 4. Interlocal Agreement An Interlocal Agreement by and among Harris County, the municipality that created the Zone, the Board of Directors of the Zone and if applicable, the RDA, shall be approved by Commissioners Court simultaneously with each Order of Participation. These agreements shall contain the following provisions: (a) All of the terms set out in Section 2(d). (b) On any existing Zone created by petitions, a return to the County of the unexpended portion of the set-aside funds attributable to the increment paid by the County since the inception of the Zone. (c) The County shall have the right to audit the books and records of every Zone in which it participates and each RDA which may administer a portion of the HARRIS COUNTY GUIDELINES FOR TIRZ PARTICIPATION Page 4 County's increment. Such audits shall take place at any time convenient to the County. (d) There shall be no penalty or interest due from the County for delayed increment payments. (e) The TIRZ and the RDA Boards shall be prohibited from relinquishing control of any funds paid by Harris County to any entity not a party to the Interlocal Agreement except as increment is paid under development agreements. (f) The County shall be provided with copies of all audits, studies, reports and analyses of the activities or financial condition of the TIRZ that are prepared by or at the direction of any party to the Interlocal Agreement. (g) In petition -created Zones, the TIRZ shall provide an annual report of its actions with regard to, and the involvement of, disadvantaged businesses as required by Section 311 of the Property Tax Code. (h) The County shall not make any increment payment to or on behalf of a TIRZ with which it does not have an approved Interlocal Agreement. (i) Five percent of Harris County's contributions to a TIRZ shall be refunded by the RDA to the County's CSD for use in projects and programs serving the homeless. 5. Administration (a) The Interlocal Agreement shall stipulate that employees and/or designated representatives of the County shall have access to the books and records of all parties to the agreement and to all projects funded by the TIRZ during the term of the County's participation, for the purpose of determining if the terms and conditions of the agreement are being met. All inspections shall be made only after giving twenty-four (24) hours prior notice and shall be conducted in such a manner as to not unreasonably interfere with the operations of the subject of such inspections. (b) Administration of all County involvement in municipal and County TIRZs shall be the responsibility of the CSD. This includes the evaluation of all proposed Zones and the administration of existing Zones. (c) CSD shall monitor all TIRZs in which the County participates. Such review includes compliance with project plans, Interlocal agreements, and applicable laws. (d) Annual County increment payments will be managed by CSD, according to a process agreed upon by CSD, the Harris County Tax Assessor Collector, and the Harris County Auditor's Office. HARRIS COUNTY GUIDELINES FOR TIRZ PARTICIPATION Page 5 (e) CSD shall annually prepare and submit a TIRZ compliance report to the Commissioners Court. (f) For TIRZs in which the County participation will begin after January 1, 2011, portions of the County's annual increment contributions will be allocated by the TIRZ's RDA as follows: 5% percent shall be paid to the County's CSD for use in administering the County's TIRZ program, individual TIRZ activities, the TIRZ Affordable Housing program and projects, and the TIRZ Homeless programs and projects; and 5% to CSD for the County's Homeless Programs and Projects as set out in item 4(i) above. In those TIRZs created or controlled by the County, up to 10% of the County increment will be paid to the County's RDA to cover its operating costs. 6. Sunset These Guidelines are effective March 1, 2015, and will remain in force through February 28, 2017, at which time all County TIRZ participations will be reviewed by the County to determine whether the goals have been achieved. Based on that review, the Guidelines will be modified or renewed. Recommended for Re -Adoption by Commissioners Court February 10, 2015 HARRIS COUN'rY GUIDELINES FOR TIRZ PARTICIPATION Page 6 Exhibit B REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS RESTATED AND FIFTH AMENDED PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN November 29, 2016 REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS Restated and Fifth Amended Project Plan and Reinvestment Zone Financing Plan Table of Contents Introduction..................................................................................................................................... 3 History of Redevelopment Efforts in the Zone................................................................................ 3 Redevelopment Plan Concept and Goals........................................................................................ 4 ProjectPlan...................................................................................................................................... 5 Reinvestment Zone Finance Plan.................................................................................................... 6 Exhibit 1— Projected Assessed Valuations and Projected Zone Revenues Exhibit 2 — Boundary Description of Zone Exhibit 3 — County Participation Exhibit 4 — Economic Feasibility Study Map 1— Boundary Map Map 2 —Aerial View of Property in and surrounding the Zone Map 3 - Existing Land Use/Property Classification of Property in the Zone Map 4 - Projects -2- Introduction The Reinvestment Zone Number One, City of Baytown, Texas ("Zone"), was created by the City Council of the City of Baytown, Texas ("City") on August 9, 2001 by Ordinance No. 9197. City Council subsequently approved the Project Plan and Reinvestment Zone Financing Plan in December 2001. The purpose of the tax increment reinvestment zone (the "Zone") is to finance construction of public facilities and infrastructure necessary to catalyze commercial and residential development and redevelopment within the Zone boundaries. The Original Zone covered approximately 474 acres and included San Jacinto Mall, surrounding vacant property, and several proposed residential developments. Since its creation, the Project Plan and Reinvestment Zone Financing Plan has undergone the following amendments: June 2008 - Restated and First Amended Project Plan and Reinvestment Zone Financing Plan was approved by City Council. This Plan provided for improvements to the roadway network including Hunt Road, San Jacinto Boulevard and John Martin Road. Additionally, the plan provided for infrastructure improvements including water, wastewater and drainage to support several residential developments. • November 19, 2012 - Second Amended Project Plan and Reinvestment Zone Financing Plan was approved by City Council by Ordinance No. 12,112. As part of this amendment the Zone was enlarged to include Sjolander Road and property to the east of Sjolander Road and North of 1-10, to be developed as a Chevron Phillips chemical plant. December 11, 2014 - Third Amended Project Plan and Reinvestment Zone Financing Plan was approved by City Council, by Ordinance No. 12,730. As part of this Plan Amendment, property was excluded from the Zone (San Jacinto Mall) due to declining property values, 45 acres of undeveloped land along John Martin Road and the right of way for San Jacinto Boulevard was added to the Zone, and the life of the Zone was extended through the Year 2044. The Third Amended Project Plan provided for the construction of San Jacinto Boulevard from 1-10 south to Cedar Bayou -Lynchburg Road and the construction of water, wastewater and drainage improvements for the development of the 45 acres that was added to the Zone as part of the Plan Amendment. • August 13, 2015 — Fourth Amended Project Plan and Reinvestment Zone Financing Plan was approved by City Council, by Ordinance No. 12,918. As part of this Plan Amendment a 79 -acre tract of land along Wallisville Road was added to the Zone. Today the Zone consists of approximately 748 acres in the general vicinity of 1-10 and Garth Road. The Zone includes the Country Club Manor and Eastpoint subdivisions, the Chevron Phillips chemical plant, vacant land surrounding San Jacinto Mall and 79 acres along Wallisville Road as shown in Map 1. Additionally, the Zone includes right-of-way for the extension of San Jacinto Boulevard to W. Cedar Bayou Lynchburg Road. History of Redevelopment Efforts in the Zone Since inception of the Zone in 2001, infrastructure improvements, including water, wastewater and drainage improvements have been made to support residential development in the Eastpoint and Country Club Manor subdivisions. Over the years both subdivisions have developed with single family homes. Additionally, two apartment complexes have been built south of Country -3- Club Manor, along Baker Road. The property east of Sjolander Road was developed in 2013 as a Chevron Phillips chemical plant and is currently undergoing an expansion. The remaining property within the Zone has seen little to no development. Redevelopment Plan Concept and Goals The concept of the Zone is to construct the necessary public infrastructure that will lead to private capital investment in the area, offer a corresponding increase in the tax base, and create economic opportunity. This includes the economic, social and physical infrastructure in the Zone. Reinvestment into the area through the Zone is intended to achieve the following goals: Goal 1: Improve and enhance corridors, mobility and connectivity throughout the Zone. Public streets and public utility systems are required to create an environment that will stimulate private investment in retail, commercial, residential and mixed-use developments. The reconstruction, extension and development of key streets and major thoroughfares will enhance the level of service and improve access within the Zone. All roadway improvements will be coordinated with the street reconstruction programs of the City, METRO, TXDOT and other public entities. Attention will be placed on leveraging Zone monies by funding street enhancement elements not addressed by the CIP programs of sister agencies. This plan proposes improvements to Hunt Rd, San Jacinto Blvd, John Martin Rd. and Sjolander Blvd. Goal 2: Enhance public infrastructure, facilities and services throughout the Zone. Enhancements to the physical infrastructure and public facilities within the Zone will be made to provide adequate capacity and to enhance provision of critical public services. Water, wastewater and drainage improvements will be made to support residential development and encourage future commercial development within the Zone. Storm water management will be achieved through the repair and replacement of drainage systems and the design and construction of new storm water utility systems, regional detention facilities and other improvements proven to reduce volumes of runoff from drainage areas. Goal 3: Promote economic opportunity and private investment and reinvestment in the Zone. The opportunity to reach the full economic potential of the area is based in part on the ability to construct critical infrastructure, minimize risk for investors and customers, build upon local assets and recognize or enhance market demand. The Zone will facilitate economic growth through capital improvements that make sites more attractive and projects feasible, land acquisition and assembly, development of facilities that draw visitors into the Zone, and use of incentivized development agreements, including 380 development agreements. Proposed Development Agreements Pursuant to Texas Tax Code 311.010(h), a program is hereby established for the public purposes of developing and diversifying the economy of the zone, eliminating unemployment and underemployment in the zone, and developing or expanding transportation, business, and commercial activity in the Zone. Under the program, grants and loans in an aggregate amount not to exceed the amount of the Tax Increment produced by the City and paid into the tax increment fund for the Zone for activities that benefit the Zone and stimulate business and commercial activity in the Zone. Payments made pursuant to this program shall be pursuant to economic development agreements entered into on behalf of the Zone and are considered -4- Project Costs. No grant or loan shall be authorized by the Zone without consent of the City of Baytown. Project Plan A. Authorized Projects and Project Costs The amended and restated project costs are detailed in Table 1. The dollar amounts for each category are approximate and may be amended from time to time by the Board of Directors of the Zone with approval of the City Council. Table 1: Project Costs Projects Project Costs Eastpoint Sections 2,3,4 $1,564,432 Country Club Manor $2,453,537 Baker Road 2008 and 2012 $518,657 Hunt Road $7,000,000 John Martin $3,000,000 San Jacinto Boulevard $19,000,000 Sjolander Road $6,500,000 Public Roadways $11,700,000 Water, Wastewater & Drainage Improvements $3,000,000 Fire, Police and EMS to support residential $4,700,000 Engineering and Legal $8,000,000 Zone Administration and Project Management $2,000,000 Total Project Costs 1 $69,436,626 City and County Participation The City and County's participation rate in the Zone is as follows: City of Baytown: • 100% of tax rate • 0% of tax rate for the 2012 annexation (Chevron) • 60% of tax rate for the 2015 annexation Harris County: • 75% of tax rate not to exceed $0.30/$100 • 65% of tax rate for 2012 annex (Chevron) • 0% of tax rate for the 2015 annexation The area for which the County is participating in is shown in Exhibit 3. -5- The County's participation shall not exceed a total of $20,100,000 as shown below: Project Estimated County Allocation Hunt Road $3,500,000 John Martin $1,500,000 San Jacinto Boulevard $9,500,000 Total Sjolander Road $14,500,000 County Cap $5,600,000 County Cap B. Existing and Proposed Uses of Land (Texas Tax Code § 311.011(b)(1)): The Zone consists of property located in the general vicinity of the intersection of 1-10 and Garth Road. At the time of the creation of the Zone and at the time of annexation of land to the Zone, there was no residential development on such land. As shown in Map 3, existing uses within the Zone consist of single family residential, multi -family residential, commercial, industrial and vacant. Proposed uses include residential, commercial, industrial and undeveloped land uses. C. Proposed Changes of Zoning Ordinances, Master Plan of Municipality, Building Codes, and Other Municipal Ordinances (Texas Tax Code § 311.011(b)(2)): All construction will be done in conformance with existing building code regulations of the City of Baytown. There are no proposed changes of any city development ordinances, master plans, or building codes. D. Estimated Non -Project Costs (Texas Tax Code § 311.011(b)(3)): The project costs referenced in Table 1 are inclusive of project costs to be incurred by the Zone only. The costs that would otherwise be project costs but are derived from other parties, such as the City of Baytown, the Texas Department of Transportation or private sources, are non -project costs. Funding identified in Table 1 for improvements will be leveraged to acquire non -project funding. E. Method of Relocating Persons to be Displaced, if any, as a result of implementing the Plan (Texas Tax Code § 311.011(b)(4)): There will be no persons displaced as a result of implementing the plan. Reinvestment Zone Finance Plan A. Estimated Project Costs (Texas Tax Code § 311.011(c)(1)): Table 1 lists the estimated project costs for the Zone. As set forth in this Plan, the dollar amounts are approximate and may be amended from time to time by the Board of Directors of the Zone with approval of the City Council. The financing costs are a function of project financing needs and will vary with market conditions from the estimates shown in Table 1. B. Proposed Kind, Number, and Location of all Proposed Public Works or Public Improvements to be Financed by the Zone (Texas Tax Code § 311.011(c)(2)): These details are described throughout the Plan, including but not limited to roadway construction/reconstruction, stormwater conveyance and management systems, and -6- water and wastewater improvements. The number and location of proposed improvements are contained in Table 1. C. Economic Feasibility (Texas Tax Code § 311.011(c)(3)): The original plan prepared in 2001 evaluated the economic potential of the Zone. The analysis determined that the area within the boundaries of the Zone substantially arrests and impairs growth of the City, slows down the provision of housing accommodations and constitutes an economic and social liability. It was found that the area suffers from inadequate sidewalk and street layout, lack of infrastructure, faulty lot layout in relation to size, adequacy, accessibility or usefulness, deterioration of site and other improvements, economic disinvestments and a poor regional image. Given these tonditions the area would greatly benefit from a Tax Increment Reinvestment Zone, which facilitates street and infrastructure improvements. These improvements will help make the area more appealing to commercial and residential development, while strengthening the economic well-being and quality of life of the community. Hawes Hill Calderon updated the Economic Feasibility Study for the Zone in 2016 as shown in Exhibit 3. Exhibit 1 constitutes incremental revenue estimates for this Plan. The incremental revenue estimates are projected to be sufficient to cover the cost of proposed improvements. The Zone and the City find and determine that the Plan is economically feasible. D. Estimated Amount of Bond Indebtedness; Estimated Time When Related Costs or Monetary Obligations Incurred (Texas Tax Code § 311.011(c)(4), § 311.011(c)(5)): Issuance of notes and bonds by the Zone may occur as tax increment revenues allow. The value and timing of the issuance of notes or bonds will correlate to debt capacity as derived from the projects and revenue schedules included in Table 1 and Exhibit 1, as well as actual market conditions for the issue and sale of such notes and bonds. E. Methods and Sources of Financing Project Costs and Percentage of Increment from Taxing Units Anticipated to Contribute Tax Increment to the Zone (Texas Tax Code § 311.011(c)(6)): Methods and sources of financing include the issuance of notes and bonds, as well as collaboration with developers, the city, and other entities for grant funding and partnerships. Tax increment will consist of contributions from the City and County. This figure is calculated as follows: City of Baytown • $0.82203/$100 of assessed valuation • $0.49322/$100 of assessed valuation (60% of tax rate) for the 2015 annex Harris County (subject to total contribution limitation stated in Project Plan, Section A) • $0.30000/$100 of assessed valuation (75% of tax rate up to $0.3/$100) • $0.290264/$100 of assessed valuation (65% of tax rate) for 2012 annex (Chevron) -7- F. Current Total Appraised Value of Taxable Real Property (Texas Tax Code § 311.011(c)(7)): The current City taxable appraised value of taxable real property in the Zone is $352,714,221. G. Estimated Captured Appraised Value of Zone During Each Year of Existence (Texas Tax Code § 311.011(c)(8)): The estimated captured appraised value of the Zone during each remaining year of existence is contained in Exhibit 1. H. Zone Duration (Texas Tax Code § 311.011(c)(9)): The Zone was established by the City on August 9, 2001 and will terminate on December 31, 2044. The County's participation in the Zone will end on December 31, 2030. The Zone may terminate at an earlier time designated by subsequent ordinance, or at such time, subsequent to the issuance of proposed revenue bonds, notes or other obligations, if any, that all project costs, bonds, and interest on bonds have been paid in full. -8- ( 'Sli'MI Lt0[ r f.'.ri. •Ip(r Lv.rnL aaaP. q IIG' Paa P/ w>PY'LI •LCI wa. Lv L00I .' Ma.L+L 711 L6 L/N LQ.'l r tLua.f p196.Fi 0075 � a OS wP. P.Q'� A ILLI Paa P wLaM q LOLL wa.'aoL.Lwgp 4 LL.'.wa L.l p ♦%1 w a.ct .'�►4 PL 1111 �+. �aL.r..OL W Lao( Wro.wro L�,rLvl 191 • �'Pn .'Lf 'anv) Itt iw�niL V t V Va�+RI wa.. rhL. Nf NO ILI £1SSU't/TS L19'S19TS OS L29'S19TS lot too 969*9S['s(71S 9L1'Cs0'ViVis 0f6D(I11fS 1S►Dtlworti 99i'61I'I60'IS 159'tt7►IS Spot Mt tp 956'615'St is tes"It'K os Its'll"s [Otto0 UP"SS'"Is Iit. 06L'trolls MUCKS f1i'9H'9101ts 11S'S6f'0(715 1511'110'►l5 HO! 1101 it tt[ZMIts " 11"IlIs OS l2L'!ll'ts (Otto0 011't"'it65 oSf'H6'SS6S MUMS SWUMAS EOE'IL01116S tiV'H7ti5 Ivor tt01 It Lrg"►19'6115 691"►t1'LS OS 6wfit'ls (Oit10 616'£60'1915 6svpm1065 MUMS IK'666'106S 66EW116S mvff►IS Ivor It" I KSD717ITS OO['9Sf9S OS 0O['9Si9s (or110 ott'Lf risi 191'KLDM Ot6DU4'ti t►t't67tSK 666"6El'S91s 1S 1mvis 1/01 0101 Ov 1mss'Sots l01"I9r'9s OS tort",% (Orr9D fifi1w(Ks ►16DITI01S mums (S6D RIMS OIY691'911S 1S1T10"►IS cow 6401 64 ItO't67665 1(9'610'95 Os ft9'6179s (02110 I09:Srlttts tW6il'LSfS 0p610117ES 199'116'SUS 61SU6"69LS .%trot% 6(01 not It rwt07f6S O(SMIS OS OMUL'SS (Ort1.0 91SWIS/9S 9SL'611*11US M6D(I:fS 19I'6(t'tt1s SZr'11t'91is 1t1vwvts slot (tot it 1,1619l'Ls5 tO('LOVIS OS tO('tM"SS Cott.-o 9S7S911(95 966'561'1(95 Or6'OUTIS 1so'litu9s I16'TU'S19S 1S VWPIS Ltot 9101 219'9WI1S t11'r60'Ss OS 1!9'160"LS (Otto0 000'017l6ss 016'051'sf95 006DEL'VES Lt0rit'agS SE6'M'9t9S m'HO'►(S 9[Ot %to( S£ 061119CUS M0'001'1S OS oE0'11o1'K CortV"0 L60'H7t9Ss L[7S91'66SS M6DIlvis t011DW%6SS 195'6111'6095 m1tw►li 5101 Hot H I91'1%'lis ►16'Itsys OS ►r6'ICS'K (OIt1O [ft'sWitis UO'911'19SS OV61)(11ES CS9'111'19SS 0I5,191'SLss mvwtIS Hol Hot it L19'"llaS 6SS'6St'1i OS 6lssUl"K f0itoO $WiWS6K V►L'11l USS Ov6Dt/YES 00917u'KSS 115'66L7►SS 1uvwti5 [tot 1(ot tf K2D111'19S 9t0'tlo" os 977It7K (Otto0 Is['ff/'1915 t6VUS'fOSS MUMS 9111KO16K 9L7s27liss 1S117"Is ME Itot I( lEr'"Ffisi 011'19015 i(I'MIS 0000[0 11SKt4S (01110 "A'6(t"9[K "MoY1K ov6b(i T1s 664 VW&"S /59"6171175 1Ss"170fIS Slot Not Of TSY90T7SS S(7t97S /UYOM OOOOfO LSTIPSSAS Eolt1D m12"'6ors 91t'61 t'" MUMS toll*vl s 6S6'f1L'SSK 151770TIS O(Ol 6101 It 91T"VW 9119'6LYK f6I'61IIS 000010 on'OS("IS 102110 SICU7111S St"afftK 00,61)([7£s lil'6"SLK SLOVW61TS 1SVIWI'is 6tot Kot 2 T t91's9V'/K 6tt'(tt'1S IMIR 'IS 000010 91E1St'IS (ott90 s97L►t'O9fs somir 6ES M6DEl'ofs tfS'19 UIS L6E'S19i07S 154"0715 Kot !tot it E96'1S9'0K f11'19VIS t5►766S 0000£0 o(t'6%7S (ott90 ►90'69%'((15 IWOO'91[S M6VICKS 161109vm$ 9`27S9'I1fS 151Tf0'tIS trot 9101 91 097069'9fS ►U'/lC4s t(9'U61 OOOOEO f06'16CIS 101110 MO'691'91LS f00'o0o'SS(S 016'OU'1ES 9E1'I►6'9HS 1,0766D9ES 7751'110'tli 9101 slot S! 90E19671S 9V0'loS'Es ISM" OOOOEO CIVOITIS 10119 ►!C'►L I'9Ki v99'SOVI'llS M6DILTES LKOiS'91(S stt'65S'OHS 151710'115 Slot Plot If ou'►9iKS 090'0614i Orovirs OOOOE0 640'satt MIND 0011ll'CLIS 011116"ST(S 0f6'OUTES SS(4(I'LO1S ft"al'ttfi MTf7►IS plot (!Or f! 191'►IINS SIVO IS !"Isis OOOOE0 t(ST1t7S £01190 6064(("KLs 619790TL s M6'O(LTES &%'Iv0'6KS "11960'[D[S mlov7►IS floe (lot it E9I'EVO'frs 99I'to6YS 611'llts OOODE0 9tt'061'tS 101190 1,117917fIs ►SI'161,111s OK'OUVIS L91168'1LIS Sr7o►6'SKS MITW►IS trot trot II lt0'WTOrs 1164!17! HQ999s 000010 6(6'6s025 1OUS0 tlt'SK`KIS K919Ll'S9t5 01,6DELTIS (41YOLAUS i►L'Ki'690 VW'rWvIs (lot Dtol twost1Is I[1TSS'1S %9'1295 0000(0 1E6'9f6'is tolls %soots'SIIs 566D91Dits 0f6DtLUS L►L4f►'MCs 509iwrStS /S TWVIS OCCI 610e 61 zwswvls oplup'IS SSIDVSs OOOOE0 6"Orris WIND UVI' "Is KI'S"Wis M6WLTIS 1064f7KtS 6SLVWOVCS 715'CWVIS 6101 slot 21 19716VITS 511'ISt'IS 196DKS 0000(0 V10,11l'IS Will K►'o07His KE'lu'lti5 0161)(I'VES Ht7n'ITIS E.110"92tS VS vwvtS Viol Lit? it 9WI►t'0t5 IOt0'!S 1'IS %r[0SS 0000(0 SIVICIVIS I fO?I9'D i1016E'ILIS I LS6111'0115 076'OUTIS (91'119'66tS tro-I Elri 1slfwvts Llor 9101 9t 9S9'6ZTTS 051'►I9'IS LSC►VES US'61►'SS 9102 Slot SI 90('STC'9S t66'O1I'tS OO7SItS L66'690'SS slot ►SDI pt VVI' "K 1141001S "Cifits EWSOVS 1101 IID1 f1 l VIWIS %sl'ITTS "Vals Ltt4tis Hot ?tot It LI111610TS (6640111 ermis 1167195 Nor 1tOr it ►tt'nr7S 9 'Or9s fts LGS IWAISS Ilot OLot I owlt97S K1'OS9S SLf 66s L96DSSs Olot 6001 107(l6S 9"'S1K 969755 OS6'191S 6002 SUDr 9s('/s5S 1/97tIs ailmIS 1001 loot 1 011,79ts VVt'L9is M'1915 1OD1 9002 1601IIS 16l'OStS I61'OSIS 9001 5002 106795 towns 106795 %ODI POOL r 1(702 fool (001 I 2000 COO? 1001 1 til s>tiwV (9)-M IS1+�'µ„rt7 (tLLvunoy) 1f1�6tA+L9f.r1 Itl+'a21vuA0 UI u91A ►79w( Itl+'all41WA cL 'Lf >W O P"MI 1LL9'LL6AVL*t( nl ALUMO ►'�'LM!]u1-01 ilftl al 6(91/1 A.1071 lw»]P1tvI"0v1 AILP'e7 au9agMLAWL790 It OWI 6LWA PW�st1q AIp lED P99/LY'1t3 A. +se1+IO1a111� A1p1O17 VAJ AVj L670w 110 "MAM9=I U-03 WP6lmd 6�MII911 AII) Wf>aiaJ anuaAam aIgEII*AV p»8 OOP2111=A Z911 UM01AE9 T 1191HX3 EMB1T 1 2012 Annex (Chevron) Zone Valuation and Available Revenue CRY CONOW1 fte*wa19T1112Reeeee* rr814e14dCOW" Tn12Rees— cmftv wN Tile Oly G9tue41Yalut (M10v1av11i C4uMCaptured YAM 111 Ory Taxable GON Yalue dlpnal Zone TSEstON ed Oily Taady Yalut County al f -e Bale Orlpiul lone 111 ramIstblte0 County ramble Value 121 Tax Rate To lnoeaenl Rerewn tarry Ta4Ra1 til T.I-,.meM Reremies (t) AnrAW 044 ,Ar Ne a rear I rrar 2001 1001 1002 2003 - - - M 2001 2004 200$ - ' 2005 2006 - - 2006 2007 2008 2007 2008 2009 - 2009 2010 2011 2010 2011 2012 - - 2012 7013 2013 2014 543,882 43,882 43,932 2014 2015 $190.831 190,831 234.713 2015 2016 1 1 $411,221 411.2211 645,934 2016 2017 50 $n $139.041.200 $139.043,200 011201 SD 0290164 S39SS21 $395.521 1,041,455 2017 2018 SO SO SO SO $189.043.200 S189,041,200 0,82203 SO 0290264 SS37,750 SS37,7SO 1,579.204 7018 2019 SO 5D SO 5o $239,043,200 5239,043,200 0.82203 50 0190264 5679,979 5679,979 2,259,384 2019 2020 SO $4 $0 SO 5289.043,200 5789.043.200 0$Z103 $O 0290164 5822,209 5822,209 3.081.392 2020 2021 50 $0 $0 SO $339,013,200 $339,043,20D 0.82203 SO 0.290264 $964.438 5%4,438 4.045.830 2021 2022 SO $0 50 SO S344.128.848 5344.128.848 0.82203 50 0.290264 S978,90S $978,905 5,024,735 2022 2023 $a $O SO $O S349,290,781 $349,290,781 0.82203 i0 0,790164 $993388 5993,588 6.018,323 2023 2024 50 SO so SO 53S4,S30,141 S354,530,142 082203 $0 2024 2025 $0 50 $0 SO $359,848.095 5359.848.095 0.82203 50 2075 1026 SD 50 SD SO $365,245,816 $36S,24S,816 0.82203 $0 2026 2027 SO SO $4 SO 5370,714,503 5370.724.503 0-82203 $0 2027 7028 50 50 50 SO $376,285,371 $376,285,371 081203 50 2028 2029 $0 $0 SO 50 $381,929,651 5781.929.651 082203 50 2029 2030 $0 50 50 SO $387,651,5% 5387,658,596 0.82203 SD 2030 2031 SO SO SO SO $393,473,475 $199.477,475 081201 id 2031 7032 50 $0 50 5o $199,375.577 $399,375,577 012203 SO 2032 2033 $0 So So SD 5405.366.211 5405,366,711 082103 50 2033 2034 SO 50 $0 SO S4II,446,706 $431.446,701 0.61203 50 1034 2035 SO SO $0 50 $417,518.405 5417,618,405 0.82203 50 2035 2036 50 $0 50 50 542302,681 $423.882,611 0.82203 SO 2036 2037 50 SO $0 $0 5430,740,921 $430,240,921 0.82201 50 2037 2038 SO 50 50 S0 $436,694,SIS S436.WMS 0.82203 $0 2038 2039 SO 5o 50 SO 5443.244,957 Su3,744.963 O.SIZ03 SD 2039 2040 SO 50 SO $o $449,893,627 5449.893.62/ 0.82203 50 1040 2011 SD 50 $0 SD S4S6.642.031 5456,642.011 012203 SO 2013 2042 SD 50 SO SO 5463,491,661 5463,491,662 0.82203 SO 2042 2043 SO SO SO $0 $470,444,037 5470,444.037 0.82203 SO 2013 2044 SO SO SO $0 $477.500697 5477,500697 082203 50 2044 2045 SD SO SO SO 1 5484.661.208 $461.663.206 012201 SO So SBAI"3 S6,D18.323 Exhibit 2 City of Baytown Tax Increment Reinvestment Zone Number One Metes and Bounds / Boundary Description / Map a) Original Zone, 474 acres b) Original Zone, plus +/- 126 acres, approx. 600 ac. total c) 2004 Annex of 45 acre tract along John Martin Road, approx. 650 ac. total d) 2012 Annex of three tracts within Chevron Phillips Plant e) 2012 Annex of Sjolander Road (North of I-10 to Wallisville Rd) f) 2014 Annex of 45 acres along Hunt Road / De -Annex of Mall Property g) 2015 Annex of 79 Acre tract along E. Wallisville Road h) 2015 Annex of San Jacinto Boulevard Phase I/II (Future 100' of Right -of -Way) i) Zone Map a) Original Zone, 474 acres DESCRIPTION OF: TAX INCREMENT REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS Of 474 Acres of land lying in the G. C. DAVIS Survey, Abstract No. 1472, W.C.R.R. Co. Survey, Abstract No. 899, and the T. PATCHING Survey, Abstract No. 620, near Baytown, in Harris County, Texas, said 474 Acre tract is more particularly described by metes and bounds as follows: BEGINNING, at the intersection of the South Right -of -Way of Interstate Highway 10 and East Right -of - Way of Garth Road; THENCE Southwesterly, along a cutback corner at the intersection of the East Right -of -Way of said Garth Road and the South Right -of -Way of said Interstate Highway 10, a distance of 51 feet to a point for corner; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 11445.5 feet to a point for corner; THENCE Westerly, crossing said Garth Road, continuing along the South Right -of -Way of Riceland Road, and crossing Houston Lighting and Power Company tract, a distance of 1170 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of that certain 106.765 acre tract, a distance of 572.44 feet to a point for corner; THENCE South 00 deg. 38 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 472.99 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of Baker Road, a distance of 830.35 feet to a point for comer; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 568.68 feet to a point for corner; 1 of 23 THENCE Northerly, along the West line of said 106.765 acre tract, a distance of 171.08 feet along the arc of a curve to right, said curve having a central angle of 29 deg. 26 min. 44 sec. and a radius of 332.89 feet to a point for corner; THENCE Northerly, along the West line of said 106.765 acre tract, a distance of 171.08 feet along the arc of a curve to left, said curve having a central angle of 29 deg. 26 min. 44 sec. and a radius of 332.89 feet to a point for corner; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 146.38 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the South line of said 106.765 acre tract, a distance of 620 feet to a point for comer; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 686.64 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to left, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 22 deg. 52 min. 34 sec. East, along the East line of said 106.765 acre tract, a distance of 108.01 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to right, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 75 feet to a point for comer; THENCE Southeasterly, along the East line of said 106.765 acre tract, a distance of 39.27 feet along the arc of a curve to left, said curve having a central angle of 90 deg. 00 min. 00 sec. and a radius of 25.00 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of said Baker Road, a distance of 1371.12 feet to a point for corner; THENCE Westerly, along the North Right -of -Way of said Baker Road, a distance of 209.72 feet along the arc of a curve to right, said curve having a central angle of 06 deg. 27 min. 38 sec. and a radius of 1859.86 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the West line of said 106.765 acre tract, a distance of 191.17 feet to a point for corner; 2 of 23 THENCE South 89 deg. 48 min. 13 sec. West, along the South line of said 106.765 acre tract, a distance of 172.46 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the East Right -of -Way of Busch Road, a distance of 1192.36 feet to a point for corner; THENCE North 74 deg. 14 min. 06 sec. East, along the North line of said 106.765 acre tract, a distance of 2837.61 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 1092.44 feet to a point for corner; THENCE Easterly, crossing said Houston Lighting and Power Company tract, and continuing along the North Right -of -Way of said Riceland Road, a distance of 1100.40 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of Garth Road, a distance of 8547.5 feet to a point for corner; THENCE Westerly, a distance of 3129 feet to a point for corner; THENCE Northerly, a distance of 1853 to a point for corner; THENCE Westerly, a distance of 359 feet to a point for corner; THENCE Northerly, a distance of 1203 feet to a point for corner; THENCE Easterly, along the South Right -of -Way of said Interstate Highway 10, a distance of 3695 feet to a point for corner; THENCE Northerly, crossing the Right -of -Way of Said Interstate Highway 10, a distance of 304 feet to a point for corner: THENCE Northeasterly, along a cutback at the intersection of the West Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 77 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of said Garth Road, a distance of 613 feet to a point for corner; THENCE Westerly, a distance of 661 feet to a point for corner; THENCE Southerly, a distance of 219 feet to a point for corner; THENCE Westerly, a distance of 1059 feet to a point for corner; THENCE Southerly, a distance of 22 feet to a point for corner; THENCE Westerly, a distance of 110 feet to a point for corner; THENCE Northerly, along the East line of LAKE P.U.D., same being the City Limits of Baytown, a distance of 2280 feet to a point for corner; 3 of 23 THENCE Easterly, along the North line of EASTPOINT, according to the Map or Plat thereof recorded in Volume 115, Page 337, H.C.M.R., at a distance of 1824 feet pass the West Right -of -Way of said Garth Road, and continuing in all a distance of 1904 feet to a point for corner; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 2954 feet to a point for corner; THENCE Southeasterly, along the cutback corner at the intersection of the East Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 71 feet to a point for corner; THENCE Southerly, crossing the said Interstate Highway 10, a distance of 304 feet to the POINT OF BEGINNING, containing within these calls 474 Acres of land. b) Original Zone, plus +/- 126 acres, approx. 600 ac. total DESCRIPTION OF: TAX INCREMENT REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS Being approximately 600 Acres of land, more or less, lying in the G.C. DAVIS Survey, Abstract No. 1472, W.C.R.R. Co. Survey, Abstract No. 899, H. WHITING 840, Abstract No. 840, and the T. PATCHING Survey, Abstract No. 620, near Baytown, in Harris County, Texas said 600 Acres is more particularly described by metes and bounds as follows: BEGINNING, at the intersection of the South Right -of -Way of Interstate Highway 10 and East Right -of - Way of Garth Road; THENCE Southwesterly, along a cutback corner at the intersection of the East Right -of -Way of said Garth Road and the South Right -of -Way of said Interstate 10, a distance of 51 feet to a point for corner; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 11,445.5 feet to a point for corner; THENCE Westerly, crossing said Garth Road, continuing along the South Right -of -Way of Riceland Road, and crossing Houston Lighting and Power Company tract, a distance of 1170 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of that certain 106.765 acre tract, a distance of 572.44 feet to a point for corner; THENCE South 00 deg. 38 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 472.99 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of Baker Road, a distance of 830.35 feet to a point for corner; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 568.68 feet to a point for corner; THENCE Northerly, along the West line of said 106.765 acre tract, a distance of 171.08 feet along the arc of a curve to right, said curve having a central angle of 29 deg. 26 min. 44 sec. and a radius of 332.89 feet to a point for corner; 4 of 23 THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 146.38 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the South line of said 106.765 acre tract, a distance of 620 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 686.64 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to left, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 22 deg. 52 min. 39 sec. East, along the East line of said 106.765 acre tract, a distance of 108.01 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to right, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 75 feet to a point for corner; THENCE Southeasterly, along the East line of said 106.765 acre tract, a distance of 39.27 feet along the arc of a curve to left, said curve having a central angle of 90 deg. 00 min. 00 sec. and a radius of 25.00 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of said Baker Road, a distance of 1371.12 feet to a point for corner; THENCE Westerly, along the North Right -of -Way of said Baker Road, a distance of 209.72 feet along the arc of a curve to right, said curve having a central angle of 06 deg. 27 min. 38 sec. and a radius of 1859.86 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the West line of said 106.765 acre tract, a distance of 191.17 feet to a point for corner; THENCE South 89 deg. 48 min. 13 sec. West, along the South line of said 106.765 acre tract, a distance of 172.46 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the East Right -of -Way of Busch Road, being also in part the West line of County Club Manor Section One Amending Plat, as recorded in Volume 514, Page 146, Harris County Map Records (H.C.M.R.), a distance of 1192.36 feet to a point for corner; THENCE North 74 deg. 14 min. 06 sec. East, along the North line of said 106.765 acre tract, also being in part the North line of said Country Club Manor Section One Amending Plat and Country Club Manor Section Two, as recorded in Volume 548, Page 158, H.C.M.R., a distance of 2837.61 feet to a point for corner; 5 of 23 THENCE South 09 deg. 58 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 1092.44 feet to a point for corner; THENCE Easterly, crossing said Houston Lighting and Power Company tract, and continuing along the North Right -of -Way of said Riceland Road, a distance of 1100.40 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of Garth Road, a distance of 7811 feet to the southeast corner of a called 82.8694 acre tract described in Trust Agreement and Acknowledgement of Beneficial Ownership between George Gilman, Trustee, and Garth 82, Ltd., recorded under County Clerk's File Number K165243 of the Official Public Records of Real Property, Harris County, Texas, also being the northeast corner of a called 6.3821 acre tract owned by John Santavy (according to Harris County Appraisal District Maps and Records); THENCE Westerly, along the South line of said 82.8694 acres, a distance of 3172 feet to southeast corner of 90.341 acre tract described in deed into Hunt 90, Ltd., recorded under CCF No. K783047, O.P.R.R.P.H.C.T.; THENCE Northerly, along east boundary line of described 90.341 acre tract, adistance of 2414 feet to northeast corner of said tract and southeast corner of 10 acre tract (TR 61F BLK 19 HIGHLAND FARMS); THENCE, Westerly, along north boundary of said 90.341 acre tract and south boundary of said 10 acre tract, a distance of 359 feet to southwest corner of said 10 acre tract; THENCE, Northerly, along west boundary of said 10 acre tract, a distance of 1203 feet to a point for corner in the South Right -Of -Way of Interstate Highway 10; THENCE Easterly, along the South Right -of -Way of said Interstate Highway 10, a distance 3695 feet to a point for corner; THENCE Northerly, crossing the Right -of -Way of Said Interstate 10, a distance 304 feet to a point for corner; THENCE Northeasterly, along a cutback at the intersection of the West Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 77 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of said Garth Road, a distance of 613 feet to a point for corner at the northeast corner of Denny's — Garth Road, as recorded in Volume 384, Page 86, H.C.M.R., also being the southeast corner of Eastpoint Subdivision Section One; as recorded in Volume 311, Page 3, H.C.M.R.; THENCE Westerly, along the easterly South line of Eastpoint Subdivision Section One, passing at 10 feet the easterly southeast corner of Eastpoint Subdivision Section One Partial Replat, as recorded in Volume 319, Page 95, H.C.M.R., a distance of 661 feet to a point for corner; THENCE Southerly, along the southerly East line of said Eastpoint Subdivision Section One, a distance of 251 feet to a point for corner; THENCE, Westerly, along a line parallel to and 73 feet South of the North line of Reserve P, Eastpoint Subdivision Section One, 357 feet to the East Right -Of -Way line of Eastpoint Boulevard; 6 of 23 THENCE, Northerly, along the East Right -of -Way of said Eastpoint Boulevard, a distance of approximately 73 feet to a point east by north of southeast corner of 6.24 acre tract (Eastpoint Res L); THENCE, Westerly, across the Right -of -Way of said Eastpoint Boulevard approximately 59 feet to southeast corner of said 6.24 acre tract (Eastpoint Res L); THENCE, Westerly, along southern boundary line of said 6.24 acre tract (Eastpoint Res L) approximately 618 feet to southwest corner of said tract and east boundary line of 0.6707 acre tract (EAST POINT PAR R/P WATER PLANT SITE & W 20'FT OF RES O); THENCE Southerly, along east boundary of said 0.6706 acre tract a distance of 22 feet to a point for southeast corner of said tract; THENCE Westerly, along south boundary of said 0.6706 acre tract a distance of 125 feet to a point for southwest corner of said tract; THENCE Northerly, along the East line of LAKE P.U.D., same being the West line of Eastpoint Subdivision Section One, same being the City Limits of Baytown, a distance of 4150 feet to a point west by south of southwest corner of Eastpoint Lot 277, Eastpoint Subdivision Section One Partial Replat; THENCE Easterly, across Eastpoint Par R/P Retention Reservoir, adistance of 140 feet to the southwest corner of Lot 277, Eastpoint Subdivision Section One Partial Replat; THENCE, along the South line of said Lot 277, the South line of said Eastpoint Subdivision Section One Partial Replat, and the South line of Partial Replat of Eastpoint Subdivision Section One Partial Replat recorded in Volume 346, Page 124, H.C.M.R., the following courses and distances: Easterly, a distance of 170 feet; Northerly, a distance of 8 feet; Easterly, a distance of 1080 feet; Northerly, a distance of 40 feet; Easterly, a distance of 547 feet to the West Right -Of -Way line of Garth Road, passing at 537 feet the West Right -Of -Way line of Garth Road as dedicated by said plat of Eastpoint Subdivision Section One, also being the northerly southeast corner of Eastpoint Subdivision Section One Partial Replat; THENCE Southerly, along the West Right -Of -Way line of Garth Road, a distance of 1870 feet to the northeast corner of the southerly portion of Eastpoint Subdivision Section One; THENCE Easterly, crossing Garth Road along an extension of the North line of the southerly portion of said EASTPOINT SUBDIVISION SECTION ONE, a distance of 80 feet to a point for corner in the East Right - Of -Way line of Garth Road; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 2688 feet to a point for corner; THENCE Southeasterly, along the cutback corner at the intersection of the East Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 71 feet to a point for corner; 7 of 23 THENCE Southerly, crossing the said Interstate Highway 10, a distance of 304 feet to the POINT OF BEGINNING, containing within these calls approximately 600 Acres of land. c) 2004 Annex of 45 acre tract along John Martin Road, approx. 650 ac. total DESCRIPTION OF: TAX INCREMENT REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS Being approximately 650 Acres of land, more or less, lying in the G.C. DAVIS Survey, Abstract No. 1472, W.C.R.R. Co. Survey, Abstract No. 899, H. WHITING 840, Abstract No. 840, and the T. PATCHING Survey, Abstract No. 620, near Baytown, in Harris County, Texas said 650 Acres is more particularly described by metes and bounds as follows: BEGINNING, at the intersection of the South Right -of -Way of Interstate Highway 10 and East Right -of - Way of Garth Road; THENCE Southwesterly, along a cutback corner at the intersection of the East Right -of -Way of said Garth Road and the South Right -of -Way of said Interstate 10, a distance of 51 feet to a point for corner; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 11,445.5 feet to a point for corner; THENCE Westerly, crossing said Garth Road, continuing along the South Right -of -Way of Riceland Road, and crossing Houston Lighting and Power Company tract, a distance of 1170 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of that certain 106.765 acre tract, a distance of 572.44 feet to a point for corner; THENCE South 00 deg. 38 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 472.99 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of Baker Road, a distance of 830.35 feet to a point for corner; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 568.68 feet to a point for corner; THENCE Northerly, along the West line of said 106.765 acre tract, a distance of 171.08 feet along the arc of a curve to right, said curve having a central angle of 29 deg. 26 min. 44 sec. and a radius of 332.89 feet to a point for corner; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 146.38 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the South line of said 106.765 acre tract, a distance of 620 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 686.64 feet to a point for corner; 8 of 23 THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to left, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 22 deg. 52 min. 39 sec. East, along the East line of said 106.765 acre tract, a distance of 108.01 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to right, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 75 feet to a point for corner; THENCE Southeasterly, along the East line of said 106.765 acre tract, a distance of 39.27 feet along the arc of a curve to left, said curve having a central angle of 90 deg. 00 min. 00 sec. and a radius of 25.00 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of said Baker Road, a distance of 1371.12 feet to a point for corner; THENCE Westerly, along the North Right -of -Way of said Baker Road, a distance of 209.72 feet along the arc of a curve to right, said curve having a central angle of 06 deg. 27 min. 38 sec. and a radius of 1859.86 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the West line of said 106.765 acre tract, a distance of 191.17 feet to a point for corner; THENCE South 89 deg. 48 min. 13 sec. West, along the South line of said 106.765 acre tract, a distance of 172.46 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the East Right -of -Way of Busch Road, being also in part the West line of County Club Manor Section One Amending Plat, as recorded in Volume 514, Page 146, Hams County Map Records (H.C.M.R.), a distance of 1192.36 feet to a point for corner; THENCE North 74 deg. 14 min. 06 sec. East, along the North line of said 106.765 acre tract, also being in part the North line of said Country Club Manor Section One Amending Plat and Country Club Manor Section Two, as recorded in Volume 548, Page 158, H.C.M.R., a distance of 2837.61 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 1092.44 feet to a point for corner; THENCE Easterly, crossing said Houston Lighting and Power Company tract, and continuing along the North Right -of -Way of said Riceland Road, a distance of 1100.40 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of Garth Road, a distance of 7811 feet to the southeast corner of a called 82.8694 acre tract described in Trust Agreement and Acknowledgement of Beneficial Ownership between George Gilman, Trustee, and Garth 82, Ltd., recorded under County Clerk's File 9 of 23 Number K165243 of the Official Public Records of Real Property, Harris County, Texas, also being the northeast corner of a called 6.3821 acre tract owned by John Santavy (according to Harris County Appraisal District Maps and Records); THENCE Westerly, along the South line of said 82.8694 acres, continuing along the South line of a called 90.341 acres described in deed into Hunt 90, Ltd., recorded under CCF No. K783047, O.P.R.R.P.H.C.T., a distance of 4803 feet to a point for corner in the East Right -Of -Way line of John Martin Road; THENCE Northerly, along the East Right -Of -Way line of John Martin Road 652 feet to an offset in the Right -Of -Way; THENCE, Westerly, along said offset, 30 feet to a point for corner; THENCE, Northerly, along the East Right -Of -Way line of John Martin Road, 567 feet to a point for corner; THENCE, Easterly, a distance of 1649 feet to the Northwest corner of said 82.8694 acre tract, being also in the East line of said 90.341 acre tract; THENCE Northerly, along the East line of said 90.341 acres a distance of 1213 feet to the northeast corner thereof, THENCE Westerly, a distance of 359 feet to a point for corner; THENCE Northerly, a distance of 1203 feet to a point for corner in the South Right -Of -Way of Interstate Highway 10; THENCE Easterly, along the South Right -of -Way of said Interstate Highway 10, a distance 3695 feet to a point for corner; THENCE Northerly, crossing the Right -of -Way of Said Interstate 10, a distance 304 feet to a point for corner; THENCE Northeasterly, along a cutback at the intersection of the West Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 77 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of said Garth Road, a distance of 613 feet to a point for corner at the northeast corner of Denny's — Garth Road, as recorded in Volume 384, Page 86, H.C.M.R., also being the southeast corner of Eastpoint Subdivision Section One; as recorded in Volume 311, Page 3, H.C.M.R.; THENCE Westerly, along the easterly South line of Eastpoint Subdivision Section One, passing at 10 feet the easterly southeast corner of Eastpoint Subdivision Section One Partial Replat, as recorded in Volume 319, Page 95, H.C.M.R., a distance of 661 feet to a point for corner; THENCE Southerly, along the southerly East line of said Eastpoint Subdivision Section One, a distance of 251 feet to a point for corner; THENCE, Westerly, along a line parallel to and 73 feet South of the North line of Reserve P, Eastpoint Subdivision Section One, 357 feet to the East Right -Of -Way line of Eastpoint Boulevard; 10 of 23 THENCE, Northerly, along the East Right -of -Way of said Eastpoint Boulevard, a distance of approximately 73 feet to a point east by north of southeast corner of 6.24 acre tract (Eastpoint Res L); THENCE, Westerly, across the Right -of -Way of said Eastpoint Boulevard approximately 59 feet to southeast corner of said 6.24 acre tract (Eastpoint Res L); THENCE, Westerly, along southern boundary line of said 6.24 acre tract (Eastpoint Res L) approximately 618 feet to southwest corner of said tract and east boundary line of 0.6707 acre tract (EAST POINT PAR R/P WATER PLANT SITE & W 20'FT OF RES O); THENCE Southerly, along east boundary of said 0.6706 acre tract a distance of 22 feet to a point for southeast corner of said tract; THENCE Westerly, along south boundary of said 0.6706 acre tract a distance of 125 feet to a point for southwest corner of said tract; THENCE Northerly, along the East line of LAKE P.U.D., same being the West line of Eastpoint Subdivision Section One, same being the City Limits of Baytown, a distance of 4150 feet to a point west by south of southwest corner of Eastpoint Lot 277, Eastpoint Subdivision Section One Partial Replat; THENCE Easterly, across Eastpoint Par R/P Retention Reservoir, adistance of 140 feet to the southwest corner of Lot 27, Eastpoint Subdivision Section One Partial Replat; THENCE, along the South line of said Lot 277, the South line of said Eastpoint Subdivision Section One Partial Replat, and the South line of Partial Replat of Eastpoint Subdivision Section One Partial Replat recorded in Volume 346, Page 124, H.C.M.R., the following courses and distances: Easterly, a distance of 170 feet; Northerly, a distance of 8 feet; Easterly, a distance of 1080 feet; Northerly, a distance of 40 feet; Easterly, a distance of 547 feet to the West Right -Of -Way line of Garth Road, passing at 537 feet the West Right -Of -Way line of Garth Road as dedicated by said plat of Eastpoint Subdivision Section One, also being the northerly southeast corner of Eastpoint Subdivision Section One Partial Replat; THENCE Southerly, along the West Right -Of -Way line of Garth Road, a distance of 1870 feet to the northeast corner of the southerly portion of Eastpoint Subdivision Section One; THENCE Easterly, crossing Garth Road along an extension of the North line of the southerly portion of said EASTPOINT SUBDIVISION SECTION ONE, a distance of 80 feet to a point for corner in the East Right - Of -Way line of Garth Road; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 2688 feet to a point for corner; THENCE Southeasterly, along the cutback corner at the intersection of the East Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 71 feet to a point for corner; 1 1 of 23 THENCE Southerly, crossing the said Interstate Highway 10, a distance of 304 feet to the POINT OF BEGINNING, containing within these calls approximately 650 Acres of land. d) 2012 Annex of three tracts within Chevron Phillips Plant ETHYLENE UNIT 1594 DESCRIPTION OF A 51.472 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 51.472 -acre (2,242,121 square foot) tract of land out of the William Bloodgood Survey, A-4, Harris County, Texas. Said 51 .472 -acre tract being a portion of a 611.799 -acre tract of land conveyed to Chevron Chemical Company, now Chevron Phillips Chemical Company, as recorded under Harris County Clerk's File Number K160640, Film Code Number 023-70-2135 of the Official Public Records of Real Property Harris County, Texas and being more particularly described by metes and bounds as follows, with the basis of bearings being the Texas State Plane Coordinate System (South Central Zone) (NAD83) as derived by GPS methods: COMMENCING at a point at the intersection of the north right-of-way line of Interstate Highway 10 (width varies) and the northwest right-of-way of the Southern Pacific Railroad (100 feet wide); THENCE South 85° 3 P 26" West, over and across said Chevron Chemical Company tract, a distance 2,956.12 feet to a point for the southeast comer and the POINT OF BEGINNING of said tract herein described located at Texas State Plane Coordinate (NAD 83) (South Central Zone) N: 13,868,761.30 E: 3,260,695.35 ; THENCE South 77° 21' 22" West, with the south line of said tract herein described, a distance of 1,975.00 feet to a point for the southwest corner of said tract herein described; THENCE North 120 38' 38" West, with the west line of said tract herein described, a distance of 1,135.25 feet to a point for the northwest corner of said tract herein described; THENCE North 770 21' 22" East, with the north line of said tract herein described, a distance of 1,975.00 feet to a point for the northeast corner of said tract herein described; THENCE South 12° 38' 38" East, with the east line of said tract herein described, a distance of 1,135.25 feet to the POINT OF BEGINNING and containing 51.472 acres (2,242,121 square feet) of land. NORTH ISBL (HU -1891) DESCRIPTION OF A 3.975 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 3.975 -acre (173,157 square foot) tract of land out of the William Bloodgood Survey, A-4, Harris County, Texas. Said 3.975 -acre tract being a portion of a tract of land conveyed to Chevron Chemical Company, now Chevron Phillips Chemical Company, as recorded under Harris County Clerk's File Number K160640, Film Code Number 023-70-2135 of the Official Public Records of Real Property Hanis County, Texas and being more particularly described by metes and bounds as follows, with the basis of bearings being the Texas State Plane Coordinate System (South Central Zone) (NADS3) as derived by GPS methods: COMMENCING at a point at the intersection of the north right-of-way line of Interstate Highway 10 (width varies) and the northwest right-of-way of the Southern Pacific Railroad (100 feet wide); 12 of 23 THENCE North 50° 06' 04" West, over and across said Chevron Chemical Company tract, a distance I,924.87 feet to a point for the most southerly corner and POINT OF REGINNING of said tract herein described located at Texas State Plane Coordinate (NAD83) (South Central Zone) N: 1 3,8 70,226.5 5, E: 33,262916 5.60; THENCE North 12° 38'38" West, with a west line of said tract herein described, a distance of 130.00 feet to a point for an interior corner of said tract herein described; THENCE South 770 21'22" West, with a south line of said tract herein described, a distance of 295.00 feet to a point for the most westerly corner of said tract herein described; THENCE North 120 38'38" West, with a west line of said tract herein described, a distance of 230.00 feet to a point for the northwest corner of said tract herein described; THENCE North 77° 21'22" East, with the north line of said tract herein described, a distance of 587.50 feet to a point for the northeast comer of said tract herein described; THENCE South 12° 38' 38" East, with the east line of said tract herein described. a distance of 360.00 feet to a point for the southeast corner of said tract herein described; THENCE South 770 21'22" East, a distance of 292.50 feet to the POINT OF BEGINNING and containing 3.975 acres (173,157 square feet) of land. DESCRIPTION OF A 3.246 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 3.246 -acre (141,380 square foot) tract of land out of the William Bloodgood Survey, A-4, Harris County, Texas. Said 3.246 -acre tract being a portion of a 61 1.799 -acre tract of land conveyed to Chevron Chemical Company, now Chevron Phillips Chemical Company, as recorded under Harris County Clerk's File Number K160640, Film Code Number 023-70-2135 of the Official Public Records of Real Property Harris County, Texas and being more particularly described by metes and bounds as follows, with the basis of bearings being the Texas State Plane Coordinate System (South Central Zone) (NAD83) as derived by GPS methods: COMMENCING at a point at the intersection of the north right-of-way line of Interstate Highway 10 (width varies) and the northwest right-of-way line of the Southern Pacific Railroad (100 feet wide); THENCE North 35" 25' 17" West, over and across said Chevron Chemical Company tract, a distance 1,331.85 feet to a point for the southeast corner and the POINT OF BEGINNING of said tract herein described located at Texas State Plane Coordinate (NAD83 ) (South Central Zone) N: 13, 870,07 7 .22 E: 3,262,87 0.32; THENCE South 77° 21'22" West, with the south line of said tract herein described, a distance of 362.50 feet to a point for the southwest corner of said tract herein described; THENCE North 120 38' 38" West, with the west line of said tract herein described, a distance of 390.00 feet to a point for the northwest corner of said tract herein described; THENCE North 770 21'22" East, with the north line of said tract herein described, a distance of 362.50 feet to a point for the northeast corner of said tract herein described; 13 of 23 THENCE South 12° 38' 38" East, with the east line of said tract herein described, a distance of 390.00 feet to the POINT OF BEGINNING and containing 3.246 acres (141,380 square feet) of land. Compiled By: Weisser Engineering Company 19500 Park Row, Suite 100 Houston, Texas 77084 Job No.: CM 1041 (1442-091) Date: 03/15/13 e) 2012 Annex of Sjolander Road (North of I-10 to Wallisville Rd) Boundary Description TIRZ No. 1— Addition of +/- 8 acre tract City of Baytown, Harris County The area within the 2012 annexation into the City of Baytown Tax Increment Reinvestment Zone No. 1 is a +/- 8 acre right-of-way easement located along Sjolander Road from Interstate Highway 10 East (westbound) Frontage Road to E. Wallisville Road. With the point of beginning being the northeast corner of the intersection of Interstate Highway 10 East (westbound) Frontage Road right-of-way and the east ROW of Sjolander Road; Then southwest across the ROW of Sjolander Road to the west ROW of Sjolander Road; Then north by west along the west ROW of Sjolander Road to the north ROW of E. Wallisville Road (at Rabbit Hollow Rd.); Then east by north across the ROW of Sjolander Road to the east ROW of Sjolander Road; Then south by east along the east ROW of Sjolander Road to north Row of Interstate Highway 10 East (westbound) Frontage Road and point of beginning of approx. +/8 acre easement; f) 2014 Annex of 45 acres along Hunt Road / De -Annex of Mall Property Boundary Description TIRZ No. 1— Addition of 45 acre tract City of Baytown, Harris County The area within the 2014 annexation into the City of Baytown Tax Increment Reinvestment Zone No. 1 is approximately 45 acres and is located 1,220 feet south of the intersection of John Martin Road and Interstate Highway 10 East (eastbound) Frontage Road Right -of -Way (ROW). With the point of beginning being the northwest corner of 90.6741 acre tract (ABS 899 W.C. RR. CO. HIGHLAND FARMS TR 61E BLK 19) and east ROW of John Martin Rd.; Then generally east along north boundary of said 90.6741 acre tract to northeast corner of said tract and west boundary of City of Baytown TIRZ No. 1; Then generally south along east boundary of said 90.6741 tract and west boundary of City of Baytown TIRZ No. 1 to south easement of drainage channel (trib. to Goose Creek); Then generally west along south easement of drainage channel (trib. to Goose Creek) and City of Baytown TIRZ No. 1 Boundary to east ROW of John Martin Rd. and west boundary of said 90.6741 acre 14 of 23 tract; Then generally north along east ROW of John Martin Rd., and west boundary of said 90.6741 acre tract to northwest corner of said tract and point of beginning of approx. 45 acre tract; Boundary Description TIRZ No. 1— Exclusion of San Jacinto Mall Property City of Baytown, Harris County The area to be de -annexed from the City of Baytown Tax Increment Reinvestment Zone No. 1 is approximately 112 acres in size and is situated at the southwest corner of the intersection of Interstate Highway 10 East and Garth Road right-of-way (ROW). With the point of beginning being the southeast corner of 12.4302 acre tract (ABS 899 W. C. RR. CO. JACINTO MALL TR C) and west ROW of Garth Rd.; Then generally west along the south boundary of said 12.4302 acre tract to southwest corner of said tract; Then generally north along the west boundary of said 12.4302 acre tract to coincident southeast corner of 2.5 acre parcel (SAN JACINTO MALL LT D); Then generally west along south boundary of said 2.5 acre parcel, and 14.92 acre parcel (SAN JACINTO MALL LT F) to southwest corner of said parcel; Then generally north along west boundary of said 14.92 acre parcel, and 38.453 acre tract (SAN JACINTO MALL R/P TR I) to northwest corner of said 38.453 acre tract and coincident south boundary of 20.5195 acre tract (HIGHLAND FARMS TR61 A-2 BLK 19); Then generally east along north boundary of said 38.453 acre tract, and south boundary of said 20.5195 acre tract, and 3.261 acre tract (HIGHLAND FARMS TR 61B BLK 19) to southeast corner of said 3.261 acre tract; Then generally north along east boundary of said 3.261 acre tract to northeast corner of said parcel and south ROW of Interstate Hwy 10 East Frontage Road (eastbound) and coincident northwest corner of 0.752 acre parcel (ABS 1472 G. C. DAVIS SAN JACINTO MALL R/P LT K); Then generally east along south ROW of Interstate Hwy 10 East Frontage Road (eastbound) and north boundary of said 0.752 acre parcel, and SAN JACINTO MALL TRS J, J3, J2, J 1, Lots E and A, and 0.966 acre parcel (ABS 1472 G. C. DAVIS CHILIS RESTAURANT AMEND RESERVE), and 0.9926 acre parcel (SAN JACINTO MALL LT Al) to north corner of 0.9926 acre parcel (SAN JACINTO MALL LT Al); Then southeast along north boundary of said 0.9926 acre parcel to northeast corner of said parcel and west ROW of Garth Road; Then generally south along west ROW of Garth Rd, and east boundary of said 0.9926 acre parcel, 1.0414 acre parcel (ABS 1472 G. C. DAVIS JOHNNY CARINOS RESTAURANT AMEND), 0.9904 acre tract (SAN JACINTO MALL R/P TR I-2), 38.453 acre tract (SAN JACINTO MALL R/P TR I), 9.8 acre tract (SAN JACINTO MALL LT B), 0.9904 acre parcel (ABS 899 W. C. RR. CO. TEXAS ROADHOUSE BAYTOWN LT 1 BLK 1), to southeast corner of 12.4302 acre tract (SAN JACINTO MALL TR C) and point of beginning of 112 acre tract; 15 of 23 g) 2015 Annex of 79 Acre tract along E. Wallisville Road DESCRIPTION OF A 79.090 ACRE TRACT OF LAND OUT OF THE GEORGE ELLIS SURVEY, A-21, HARRIS COUNTY, TEXAS (E. WALLISVILLE ROAD) A 79.090 acre, or 3,445,177 square feet more or less, tract of land, out of the George Ellis Survey, Abstract 21, Harris County, Texas and being the all of the remaining portion of the property described as the west 1/2 of Lot 9, out of the subdivision of the George Ellis League, recorded in Volume 72 Page 459 of the Deed Records of Harris County, Texas, and conveyed to South Houston Realty Company in Clerk's File No. Z053768 of the Harris County Official Public Records of Real Property. Said 79.090 acre tract being more fully described as follows, with bearings based on the Texas Coordinate System established for the South Central Zone from the North American Datum of 1983 NAD 83 (NA2011) epoch 2010.00; COMMENCING: At a found 2 inch iron pipe in the south right-of-way line of Wallisville Road, a 60 -foot wide county right-of-way as shown on the right-of-way map prepared April, 1940 under W.P.A. Official Project No. 65-1-66-2749, at the northwest corner of an 18.3105 acre portion of Lot 8 of said subdivision of the George Ellis League, described in a deed recorded In Clerk's File No. 20140059056 of the Official Public Records of Real Property of Harris County, Texas; THENCE: N 77° 46'48" E, along and with the south right-of-way line of said Wallisville Road, a distance of 1328.05 feet to a found 1 inch iron pipe on the common line between said Lot 9 and said Lot 8, at the northeast corner of a 10.00 acre tract described in a deed recorded in Clerk's File No. W947360 of the Harris County Official Public Records of Real Property, for the northwest corner and POINT OF BEGINNING of the herein described 79.090 acres; THENCE: N 77° 4648" E, over and across said Lot 9, along and with the south right-of-way line of said Wallisville road, a distance of 1320.00 feet to a set 3/4 inch iron rod with yellow cap marked 'Pape -Dawson", on the west line of a 40.14 acre portion of Lot 9, described in a deed recorded in Clerk's File No. 20070261884 of the Harris County Official Publics Records of Real Property, from which a found 5/8 Inch iron rod bears N 16°3959" E, a distance of 10.80 feet; THENCE: S 12° 09'57" E, continuing over and across said Lot 9, along and with the west line of said 40.14 acre portion of Lot 9, passing a set 3/4 inch iron rod with yellow cap marked "Pape -Dawson" at the northeast corner of a 2.74 acre San Jacinto River Authority right-of-way easement, described in Clerk's File No. C341590 of the Harris County Deed Records at a distance of 2549.99 feet, continuing along said west line, an additional distance of 60 feet, for a total distance of 2609.99 feet to a set 3/4 inch iron rod with yellow cop marked "Pape -Dawson" on the north line of a 110.00 acre tract of land described in a deed recorded in Clerk's File No. K165239 of the Harris County Deed Records, at the southwest corner of the said 40.14 acre portion of Lot 9, the southeast corner of said west 1/2 of Lot 9; THENCE: S 77° 4648" W, along and with the common line between said 116.00 acre tract and said Lot 9, a distance of 1320.00 feet to a set 3/4 inch iron rod with yellow cap marked "Pape -Dawson" at the common corner between said Lot 9, said Lot 81) said 116.00 acre tract and a 43.3084 acre tract described in a deed recorded in Clerk's File No. T086062 of the Harris County Official Public Records of Real Property, from which a set 3/4 inch iron rod with yellow cap marked "Pape -Dawson" at the northwest corner of said San Jacinto River Authority right-of-way easement bears M 12°09'57" W, a distance of 120.00 feet; THENCE: N 12°09'57" W, along and with the common line between said Lot 8 and said Lot 9, passing a found 5/8 inch iron rod at the southeast corner of a 13.5043 acre portion of said Lot 8, described in a deed recorded in Clerk's File No. 20140049797 of the Harris County Official Public Records of Real Property, at a distance of 102.49 feet, continuing along said common line, an additional distance of 757.02 feet to a found 1 16 of 23 inch iron pipe at the southeast corner of said 10 acre portion of Lot 8, continuing along said common line, an additional distance of 1750.48 feet, for a total distance of 2609.99 feet to the POINT OF BEGINNING of the herein described tract, and containing 79.090 acres in Harris County, Texas. h) 2015 Annex of San Jacinto Boulevard Phase I (Future 100' of Right -of -Way) DESCRIPTION OF 0.5325 ACRES OR 23,195 SQ. FT. A TRACT OR PARCEL CONTAINING 0.5325 ACRES OR 23,195 SQUARE FEET OF LAND, BEING OUT OF A RESIDUE OF A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F,) NO. 20120442665. SITUATED IN THE W.C.R.R. CO.SURVEY NO. I, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, WITH SAID 0.5325 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83): BEGINNING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT TO GEORGE GILMAN. TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDORS LIEN RECORDED IN H.C.C.F. NO. F-591325, MARKING THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD (UNIMPROVED) AS DEDICATED IN KSTX BAYTOWN FINAL PLAT, MAP OR PLAT THEREOF, RECORDED IN F.C. NO. 674108, H.C.M.R, AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; FROM WHICH A FOUND CAPPED 112 INCH IRON ROD STAMPED "BUSCH HUTCHINSON" BEARS FOR REFERENCE NORTH 77 DEGREES 09 MINUTES 38 SECONDS EAST, A DISTANCE OF 1367.30 FEET MARKING THE SOUTHWEST CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN, MAP OR PLAT THEREOF, RECORDED IN F.C. NO. 639181, H.C.M.R. THENCE, LEAVING SAID SOUTH LINE, SOUTH 11 DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 269.35 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE NORTHEAST CORNER OF A CALLED 14.558 ACRE TRACT TO JOHN R. SANDERS IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN H.C.C.F. NO. 20120061033, THE SOUTHEAST CORNER OF SAID 10.541 ACRE TRACT AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG THE NORTH 01 SAID 14.558 ACRE TRACT, SOUTH 77 DEGREES 25 MINUTES 16 SECONDS WEST, A DISTANCE OF 76.13 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES' SET MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1487.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 26 MINUTES 26 SECONDS. AN ARC LENGTH OF 270.97 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 17 DEGREES 52 MINUTES 39 SECONDS WEST, 270.59 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET ON THE SOUTH LINE OF SAID x2.8694 ACRF TRACT AND MARKING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG SAID SOUTH LINE, NORTH 77 DEGREES 28 MINUTES 46 SECONDS EAST, A DISTANCE OF 104.35 FEET TO THF PLACE OF BEGINNING AND CONTAINING 0.5325 ACRES OR 231195 SQUARE FEET OF LAND. AS SHOWN IN JOB NO. 52208-0.5325 AC, PREPARED BY WINDROSE LAND SERVICES, INC. 17 of 23 DESCRIPTION OF 0.5110 ACRES OR 221,260 SQ. FT. A TRACT OR PARCEL CONTAINING 0.5110 ACRES OR 221260 SQUARE FEET OF LAND, BEING OUT OF A CALLED 14.558 ACRE TRACT TO JOHN R. SANDERS IN THAT CERTAIN GENERAL WARRANTY DEED RECORDING H. C.C.F. NO. 20120061033, SITUATED IN THE W.C.R.R. CO. SURVEY NO. 1. ABSTRACT NO. 899, HARRIS COUNTY, TEXAS. WITH SAID 0.5110 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83) COMMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN, TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN H.C.0 F NO. F-591325, MARKING THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD (UNIMPROVED) AS DEDICATED IN KSTX BAYTOWN FINAL PLAT, MAP OR PLAT THEREOF, RECORDED IN F.C. NO. 674108, H.C.M.R. AND THE NORTHEAST CORNER OF RESIDUE OF A CALLLD 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.0 F) NO 20120442665; FROM WHICH A FOUND CAPPED 1/2 INCH IRON ROD STAMPED "BUSCH HUTCHINSON" BEARS FOR REFERENCE NORTH 77 DEGREES 09 MINUTES 38 SECONDS EAST, A DISTANCE OF 1367.30 FEET MARKING THE SOUTHWEST CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN, MAP OR PLAT THEREFOF RECORDED IN F.C. NO. 639181, H.C.M.R. THENCE, LEAVING SAID SOUTH LINE, SOUTH 11 DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 269.35 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE SOUTHEAST CORNER OF SAID 10.541 ACRE TRACT. THE NORTHEAST CORNER OF SAID 14.558 ACRE TRACT AND THE NORTHEAST CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE, SOUTH I1 DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OP 269.74 FEFT TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKJNG THE NORTHEAST CORNER OF A CALLED 54.5913 ACRE TRACT TO ERIC C. CARTER. JR. AND SUSAN O. CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H C.C.F. NO. 20100519150 AND THE SOUTHEAST CORNER OF THF HEREIN DESCRIBED TRACT; THENCE, ALONG THE NORTH LINE OF SAID 54.5913 ACRE TRACT, SOUTH 77 DEGREES 25 MINUTES 16 SECONDS WEST, A DISTANCE OF 97.20 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1487.00 FEET, A CENTRAL ANGLE OF 10 DEGREES 26 MINUTES 5S SECONDS. AN ARC LENGTH OF 271.19 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 07 DEGREES 25 MINUTES 57 SECONDS WEST, 270.82 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET ON THE SOUTH LINE OF SAID 10.541 ACRE TRACT AND MARKING THE NORTHWEST CORNER OE THE HEREIN DESCRIBED TRACT; THENCE, ALONG SAID SOUTH UNE, NORTH 77 DEGREES 25 MINUTES 16 SECONDS EAST, A DISTANCE OF 76.13 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.5110 ACRES OR 221260 SQUARE FEET OF LAND AS SHOWN IN JOB NO. 52208-0.5110 AC., PREPARED BY WINDROSE LAND SERVICES, INC. 18 of 23 DESCRIPTION OF 0.710 ACRES OR 30,930 SQ. FT. A TRACT OR PARCEL CONTAINING 0.710 ACRES OR 301930 SQUARE FEET OF LAND OUT OF 4.196 TRACT (ROW -ALL STREETS IN THE SUBD (DEDICATED PER PLAT) (NM) KSTX BAYTOWN AMEND) WITH POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF 7.43 ACRE TRACT (TRS 4 5 6 & 7 BLK 20 HIGHLAND FARMS); THEN EAST BY NORTH APPROXIMATELY 50 FEET ALONG SOUTHERN BOUNDARY OF SAID 7.43 ACRE TRACT TO NORTHWEST CORNER OF 19.7744 ACRE TRACT (TRS 4A 5A & 6A BLK 20 (AG USE) HIGHLAND FARMS); THEN SOUTH BY EAST APPROXIMATELY 908 FEET ALONG THE WESTERN BOUNDARY OF SAID 19.7744 ACRE TRACT TO WEST SOUTHWEST CORNER OF SAID TRACT; THEN NORTH BY WEST APPROXIMATELY 904 FEET TO SOUTHWEST CORNER OF SAID 7.43 ACRE TRACT AND POINT OF BEGINNING AND CONTAINING 0.710 ACRES OF 30,930 SQUARE FEET OF LAND. DESCRIPTION OF 0.1517 ACRES OR 69606 SQ. FT. A TRACT OR PARCEL CONTAINING 0.1517 ACRES OR 6,606 SQUARE FEET OF LAND BEING OUT OF A CALLED 54.5913 ACRE TRACT TO ERIC G. CARTER, JR AND SUSAN O. CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F. NO. 20100519150, SITUATED IN THE W.C.R.R. CO. SURVEY NO. 1. ABSTRACT NO. 899, HARRIS COUNTY, TEXAS. WITH SAID 0.1517 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM. SOUTH CENTRAL ZONE (NAD 83): COMMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN H.C.C.F. NO. F-591325. MARKING. THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD (UNIMPROVED) AS DEDICATED IN KSTX BAYTOWN FINAL PLAT, MAP OR PLAT THEREOF, RECORDED IN F.C. NO. 674108, H.C.M.R. AND THE NORTHEAST CORNER OK RESIDUE OF A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. 20120442665; THENCE ALONG THE WEST LINE OF SAID SAN JAC INTO BOULEVARD. SOUTH 11 DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 688.59 FEET TO A CAPPFD 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE NORTH CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE CONTINUING WITH SAID WEST LINE, SOUTH 11 DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 221.50 FEET TO THE SOUTHEAST CORNER AND THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE, LEAVING SAID WEST LINE AND ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 358.42 FEET. A CENTRAL ANGLE OF 07 DEGREES 47 MINUTES 08 SECONDS, AN ARC LENGTH OF 48.70 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 85 DEGREES 11 MINUTES 26 SECONDS WEST 48.67 FEET TO A CAPPED 5/8 INCH IRON ROD SIAMPED "WINDROSE LAND SERVICES" SET FOR THE END OF SAID CURVE; 19 of 23 THENCE, NORTH 35 DEGREE5 06 MINUTES 28 SECONDS WEST, A DISTANCE OF 28.46 FEET TO A CAPPED 5/8 IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING A WESTERLY CORNER AND THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT; THENCE, ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1613.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 45 MINUTES 56 SECONDS, AN ARC LENGTH OF 190.46 FEET AND CHORD BEARING AND DISTANCE OF NORTH 05 DEGREES 47 MINUTES 35 SECONDS EAST, 190.35 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.1517 ACRES OR 96606 SQUARE FEET OF LAND, AS SHOWN IN JOB NO. 52208-0.1517 AC., PREPARED BY WINDROSE LAND SERVICES, INC. DESCRIPTION OF 3.6393 ACRES OR 1589530 SQ. FT. A TRACT OR PARCEL CONTAINING 3.6393 ACRES OR 158,530 SQUARE FEET OF LAND, BEING OUT OF A CALLED 54.5913 ACRE TRACT TO ERIC G. CARTER, JR AND SUSAN O. CARTER IN THAT CERTAIN SPECIAL WARRANTY DEED RECORDED IN H.C.C.F. NO. 20100519150, SITUATED IN THE W.C.R.R. CO. SURVEY NO. 1, ABSTRACT NO. 899, HARRIS COUNTY, TEXAS, WITH SAID 3.6393 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83): COMMENCING AT A 2 INCH IRON PIPE WITH BRASS DISK FOUND ON THE SOUTH LINE OF A CALLED 82.8694 ACRE TRACT CONVEYED TO GEORGE GILMAN, TRUSTEE IN THAT CERTAIN WARRANTY DEED WITH VENDOR'S LIEN RECORDED IN H.C.C.F. NO. F-591325, MARKING THE NORTHWEST CORNER OF SAN JACINTO BOULEVARD (UNIMPROVED) AS DEDICATED IN KSTX BAYTOWN FINAL PLAT, MAP OR PLAT THEREOF, RECORDED IN F.C. NO. 674108, H.C.M.R. AND THENORTHEAST CORNER OF RESIDUE OF A CALLED 10.541 ACRE TRACT TO PASCUAL OLIVARES IN THAT CERTAIN GENERAL WARRANTY DEED RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. 20120442665; FROM WHICH A FOUND CAPPED 1/2 INCH IRON ROD STAMPED "BUSCH HUTCHINSON" BEARS FOR REFERENCE NORTH 77 DEGREES 09 MINUTES 38 SECONDS EAST, A DISTANCE OF 1367.30 FEET MARKING THE SOUTHWEST CORNER OF FINAL PLAT ACADEMY SPORTS AND OUTDOORS BAYTOWN, MAP OR PLAT THEREOF, RECORDED IN F.C. NO. 639181,H.C.M.R. THENCE, ALONG THE WEST LINE OF SAID SAN JACINTO BOULEVARD, SOUTH 11 DEGREES 53MINUTES 36 SECONDS EAST, A DISTANCE OF 539.09 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE SOUTHEAST CORNER OF A CALLED 14.558 ACRE TRACT TO JOHN R. SANDERS IN THAT CERTAIN GENERAL WARRANTY DEEDRECORDED IN H.C.C.F. NO. 20120061033, SAME BEING THE NORTHEAST CORNER OF SAID 54.5913ACRE TRACT FOR THE NORTHEAST CORNER AND PLACE OF BEGINNING OF THE HEREINDESCRIBED TRACT; THENCE, CONTINUING WITH SAID WEST LINE, SOUTH 11 DEGREES 53 MINUTES 36 SECONDS EAST,A DISTANCE OF 149.50 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LANDSERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE, LEAVING SAID WEST LINE AND ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,613.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 45 MINUTES 56 SECONDS, AN ARC LENGTHOF 190.46 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 05 DEGREES 47 MINUTES 35SECONDS WEST, 190.35 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LANDSERVICES" SET FOR THE END OF SAID CURVE; 20 of 23 THENCE, SOUTH 35 DEGREES 06 MINUTES 29 SECONDS EAST, A DISTANCE OF 28.46 FEET TO ACAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 358.42 FEET, A CENTRAL ANGLEOF 07 DEGREES 47 MINUTES 07 SECONDS, AN ARC LENGTH OF 48.70 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 85 DEGREES 11 MINUTES 26 SECONDS EAST, 48.66 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET ON THE WEST LINE OF THE REMAINDER OF A CALLED 145.840 ACRE TRACT TO JOHN AND STEFANKA SANTAVY RECORDED IN VOL. 13271 PG. 82, H.C.D.R. FOR THE END OF SAID CURVE AND MARKING AN EASTERLY CORNER OF THE HEREIN DESCRIBED TRACT; THENCE, ALONG SAID WEST LINE, SOUTH 11 DEGREES 53 MINUTES 36 SECONDS EAST, A DISTANCE OF 78.54 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE NORTHWEST CORNER OF A CALLED 2.7148 ACRE TRACT TODIAMOND SHAMROCK CORPORATION RECORDED IN H.C.C.F. NO. F043716, THE SOUTHWESTCORNER OF SANTAVY STREET (UNIMPROVED) AS RECORDED IN SAID KSTX BAYTOWN FINAL PLAT AND AN ANGLE FOR THE HEREIN DESCRIBED TRACT; FROM WHICH A 2 INCH IRON PIPEBEARS FOR REFERENCE SOUTH 32 DEGREES 18 MINUTES 52 SECONDS EAST, 0.55 FEET; THENCE, SOUTH 12 DEGREES 08 MINUTES 59 SECONDS EAST, A DISTANCE OF 820 FEET TO ACAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING AN EASTERLY CORNER AND THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE, LEAVING SAID WEST LINE AND ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 442.50 FEET, A CENTRAL ANGLE OF 09 DEGREES 15 MINUTES 36 SECONDS, AN ARC LENGTH OF 71.52 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 86 DEGREES 57 MINUTES 34 SECONDS WEST, 71.44 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LANDSERVICES" SET FOR THE END OF SAID CURVE; THENCE, SOUTH 56 DEGREES 06 MINUTES 09 SECONDS WEST, A DISTANCE OF 29.32 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1,625.00 FEET, A CENTRAL ANGLE OF 03 DEGREES 49 MINUTES 59 SECONDS, AN ARC LENGTH OF 108.71 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 15 DEGREES 30 MINUTES 48 SECONDS WEST, 108.69 FEET TO A CAPPED 518 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF COMPOUND CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 525.00 FEET, A CENTRAL ANGLE OF 12 DEGREES 16 MINUTES 13 SECONDS, AN ARC LENGTH OF 112.43 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 23 DEGREES 33 MINUTES 53 SECONDS WEST, 112.22 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 475.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 25 MINUTES 42 SECONDS, AN ARC LENGTH OF 53.29 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 26 DEGREES 29 MINUTES 09 SECONDS WEST, 53.26 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF REVERSE CURVATURE; 21 of 23 THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1,613.00 FEET, A CENTRAL ANGLE OF 04 DEGREES 40 MINUTES 17 SECONDS, AN ARC LENGTH OF 131.51 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 25 DEGREES 36 MINUTES 26 SECONDS WEST, 131.47 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET FOR A POINT OF TANGENCY; THENCE, SOUTH 27 DEGREES 56 MINUTES 34 SECONDS WEST, A DISTANCE OF 314.80 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET ON THE NORTH LINE OF A CALLED 1.0502 ACRE TRACT CONVEYED TO DIAMOND SHAMROCK CORPORATION AS RECORDED IN H.C.C.F. NO. F032490 MARKING THE MOST SOUTHERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG SAID NORTH LINE, SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST, A DISTANCE OF 165.86 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE MOST SOUTHERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; FROM WHICH A FOUND 5/8 INCH IRON ROD BEARS FOR REFERENCE SOUTH 77 DEGREES 22 MINUTES 49 SECONDS WEST, 10 1. 18 FEET; THENCE LEAVING SAID NORTH LINE, NORTH 27 DEGREES 56 MINUTES 34 SECONDS EAST, A DISTANCE OF 422.65 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET MARKING THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1,487.00 FEET, A CENTRAL ANGLE OF 30 DEGREES 09 MINUTES 02 SECONDS, AN ARC LENGTH OF 782.50 FEET AND CHORD BEARING AND DISTANCE OF NORTH 12 DEGREES 52 MINUTES 03 SECONDS EAST, 773.50 FEET TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE LAND SERVICES" SET ON THE NORTH LINE OF SAID 54.5913 ACRE TRACT AND MARKING THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG SAID NORTH LINE, NORTH 77 DEGREES 25 MINUTES 16 SECONDS EAST, A DISTANCE OF 97.20 FEET TO THE PLACE OF BEGINNING AND CONTAINING 3.6393 ACRES OR 158,530 SQUARE FEET OF LAND, AS SHOWN IN JOB NO. 52208-3.6393 AC, PREPARED BY WINDROSE LAND SERVICES, INC. 2015 Annex of San Jacinto Boulevard Phase II (Future 100' of Right -of -Way) is in design with metes and bounds forthcoming. 22 of 23 i) Zone Map CITY OF BAYTOWN TIRZ NO. 1 z - -h x - 1 j U ' 1 W t-ED'1X 8A You e �•:rutsvl�� W lisyCHER RD w BAKERRD C E WCHER RD {1 BOJ, Sullwonh Ok C% p O %ECEDw BAYW LYNCHBUR 100" Yomot,5 RD Zone Boundary (City) Zone Boundary (County) �� Ongmal Zone Highway City of Baytown TIRZ (9331 -_! Baytown TIRZ 1 (2791 Baytown Corp. Limit Road Network Baytown TIRZ Expsn 3 (8631 + Baytown TIRZ Expnsn (9181Publx: School County Boundary r TIRZ 1 Expnsn 2 (890) Data Source HCAD oc 2016 HHC L I P 0 025 0 5 Miles Map Sw•ce HHC LLP 11:22:2016 y01mq I t 23 of 23 Exhibit 3 - County Participation CITY OF BAYTOWN TIRZ NO. 1 E W ALLISVIU£ RD HUNS RD AARCHER RD j 0 = 0 Stalhvorth 0 Z o W ARGFIERRD y X00 z P 9P Fo z 0 0900 E CEDAR BPYOU LYNOHBURO' RD W CEDAR BA YOU ILYNCHBURG RD ��4i7RG J W BAKER RD j MPSSEY TDNIKINS RD 1 Baytown TIRZ (County) /^\/ Highway Baytown Corp. Limit Road Network Public School 13 County Boundary Data Source: HCAD Oct. 2016, HHC LLP & 0 0.25 0.5 Miles Map Source: HHC LLP 11129/2016 NORTH I I I m x S cr :-f T INTRODUCTION Situated to the north of Downtown Baytown, and surrounding the San Jacinto Mall, the Baytown North Study Area is a lightly populated portion of the City with a collection of residential neighborhoods, and a heavily traveled major commercial corridor containing fast- food restaurants, diners and small scale retail stores. Centered on N Main St. and Archer Road, the 12.3 square mile Study Area is generally bounded by Wallisville Road to the north, Sjolander Road to the east, Blue Heron Pkwy and Baker Road to the south, and John Martin and Bush Roads to the west. It is served by a few thoroughfares and residential streets, primarily Garth Road and N Main Street (north to south) and Interstate 10 and Cedar Bayou -Lynchburg Road (east to west). Overall the area suffers from lack of roadways and adequate infrastructure including water, wastewater and drainage facilities. Roadway capacity is limited especially north to south, and there are mobility issues as residents commute from 1-10 south into Baytown. This area is in need of greater public and private investment to improve traffic flow and provide for adequate infrastructure. Improvements in the area would greatly enhance marketability and facilitate commercial and residential growth. As a result, the area would benefit from a public financing and development tool such as a Tax Increment Reinvestment Zone, which facilitates street and drainage infrastructure repair/replacement, and mobility improvements. These improvements will help make the area more appealing to commercial real estate investors, developers and brokers, all the while strengthening the economic well-being and quality of life of the community. AREA PROFILE With the availability of large tracts of land and with 1-10 east providing regional access to the area, the Baytown North Study Area provides ample opportunities for new development. Combined with relatively short travel times to Downtown, Johnson Space Center and Ship Channel, this area is particularly suited for single-family, retail and other commercial development. Over time, as underutilized or blighted properties are redeveloped, additional economic development opportunities are likely to follow, if they are supported by adequate infrastructure. What is presented here is a community snapshot of the Baytown North Study Area as it is today. Property Classification Uses within the study area consist primarily of vacant land, residential development - both multi -family and single family, commercial uses, including retail along 1-10 and other major corridors including Garth Road. Over the last 10 years, two residential developments have been built; Country Club Manor and Eastpoint, as well as two apartment complexes located off of Baker Road. 2of10 Parks and Greenspace There is one park in the study area, Pirates Bay Waterpark. Additional parks and recreation facilities are located throughout the City of Baytown which has over 40 different parks including hiking trails, splash pads, and boat ramps. Baytown also houses the Eddie V. Gray Wetlands Center and the Baytown Nature Center. Population and Housing Units The following table reports population and households for the 2010 census year, 2016 estimated and 2021 projected for the Study Area compared with the City of Baytown as a whole. While occupying 34% of the City.of Baytown (36.5 sq. miles), it has 20% of the City's total population. Projected annual population growth in the Study Area is higher at (3.07%) than in the City (1.59%) over the 2016-2021 Period. The percent of Owner Occupied Housing Units in the Study Area is higher than in the City of Baytown. POPULATION, HOUSEHOLDS & HOUSING UNITS Baytown North City of Baytown 2010 2016 2021 1 2010 2016 2021 Population 12,846 15,547 18,082 72,214 79,215 85,737 Households 4,144 4,906 5,642 25,102 27,323 29,456 Vacant Hcu ing holt, L Renter Occupied Housing Units Owner Occupied Housing Units • 0.0% 10n% 2007,. 30.0% 40.0% 50.0°% 60.0% 70.0% 80.0% ■ Study Area ■ Baytown Sources: US Census Bureau 2010; ESRI 2010 and 2015 3of10 Population Density Being part of the Region's suburban/exurban transition, and with large undeveloped tracts, the area is lightly -populated with 1,263 persons per square mile (compared to 2,170 in the City of Baytown). Proximity to Employment Centers The area is within short travel times to some of Houston's major employment centers, such as the Central Business District and the Port of Houston. The 1-10 East Freeway exceeds 80,000 vehicles in average daily traffic volume. Average drive time from the center of the Study Area to Downtown Houston, a distance of 27 miles, is 27 minutes (26 minutes without traffic). Average drive time to NASA/JSC, a distance of 22.1 miles, is 31 minutes. Average drive time to Downtown Baytown, a distance of 5.1 miles, is 12 minutes. Race, Ethnicity and Origin The residential population of Baytown North is mostly White. Nearly 53% of the Area's population in 2016 identified themselves as being White with 39% from any race being of Hispanic Origin. The Diversity Index, which measures the probability that two people from the same area will be from different race/ethnic groups, is 82.8 in the Study Area, compared to 80.1 for the City of Baytown (on a scale of 0-100, with 100 = Complete Diversity, and 0 = No Diversity). Some Other Pacific Islander Alone 0% Asian Alone 5% American _ Indian Alone 0% Two or More Races 4% Black Alone 21% Sources: US Census Bureau 2010; ESRI 2016 4of10 White Alone 53% Median Age The median age in the Study Area is estimated to be 30.4, younger than the U.S. median age of 37.9. Median Household Income Median household income in the area in 2016 is estimated to be above that for the City of Baytown as a whole, and is expected to see moderate growth, above 2% per year over the 2016-2021 period. MEDIAN HOUSEHOLD INCOME ($000s) Baytown North City of Baytown 2016 2021 2016 2021 (Est.) (Prof.) (Est.) (Prof.) $69.6 $79.7 $48.5 $51.0 Source: ESR12016 Home Values Homes in the Study Area have a median value of $142,638 which is higher when compared to the City of Baytown as a whole, which has a median value of $107,638. Median home values are expected to grow modestly to $155,357 by 2021, up 8.9%. OWNER OCCUPIED HOUSING UNITS BY VALUE, 2016 Value Percent <$50,000 4.3% $50,000 - $99,999 10.2% $100,000 - $149,999 41.4% $150,000 - $199,999 23.0% $200,000 - $249,999 14.4% $250,000 - $299,999 2.2% $300,000 - $399,999 1.4% $400,000 - $499,999 0.2% $500,000 - $749,999 3.0% $750,000 - $999,999 0.0% $1,000,000 + 0.0% Average Home Value $163,567 5of10 Education The primary educational needs of the community are served by Goose Creek CISD, specifically Ross Sterling High School, Gentry Junior High and Crockett Elementary School. The Study Area is served by the Lee Junior College District (covering 11 School Districts) with the Campus located 4.6 miles to the south, in Downtown Baytown. Lee College has an enrollment of several thousand students, and offers more than 130 associate degrees and certificates. Approximately 23% of the adult population has completed high school while 21 percent have a bachelor's or graduate degree. EDUCATION LEVELS AREA POPULATION 25 YEARS OR OLDER Level Achieved % of Population (25+ years) Total 9,154 Less than 91h Grade 5.9% 9th_12ch Grade, No Diploma 6.5 High school graduate or GED 23.4 Some college, No Degree 30.3 Associate degree 13.0 Bachelor's degree 14.4 Graduate/Professional degree 6.6 Total 100.0% Source: ESRI, 2016 Occupations of Working Population Approximately 56 percent of the Area's population are engaged in white collar professions, such as executive, management and professional positions, with 31 percent employed in blue collar professions and the remaining 13 percent employed in the service professions. 6 of 10 OCCUPATION Occupation of Employed Population Total White Collar Management/Business/Financial Professional Sales Administrative Support Services Blue Collar Farming/Forestry/Fishing Construction/Extraction Installation/Maintenance/Repair Production Transportation/Material Moving Total Source: ESR12016 % of Employed (16+) 6,949 55.9% 12.8% 21.9% 9.8% 11.3% 12.7% 31.5% 0.0% 10.1% 4.3% 9.1% 7.9% 100.0% Transportation to Work It is estimated that over three-fourths of area workers drive alone to work, with almost 7.2% carpooling. Only 0.1% of residents utilize public transportation. MEANS OF TRANSPORTATION TO WORK Method Used % of Workers (16+) Drive alone Carpool Public -transportation Motorcycle/Bicycle Walk Other means Work at Home Total 88.4% 7.2 0.1 0.0 1.2 1.0 2.1 100.0% Source: U.S. Census, American Community Survey 2010-2014 Baytown is served by the Houston Metro. Transit Authority Express Route 236 Maxey Road/Baytown during the rush hours, sending commuters to downtown Houston. The Baytown Park and Ride is located on the western side of San Jacinto Mall. 7 of 10 Retail Expenditures 2016 forecasts indicate area households will spend $381 million for retail goods and services. RETAIL GOODS AND SERVICES EXPENDITURES ($ MILLIONS) Products or Services Amount Apparel and Services $10.24 Computer Hardware, Software & Accessories $1.09 Entertainment & Recreation $14.37 Food $40.72 Alcoholic Beverages $2.51 Financial (including vehicle loans) $153.62 Health $2.81 Mortgage Payments $42.00 Home Maintenance & Remodeling $9.25 Home Utilities $23.46 Household Furnishings & Equipment $5.52 Household Operations, Housekeeping $8.00 Insurance $25.01 Personal Care $2.21 School Supplies $0.87 Smoking Products $1.79 Transportation $31.65 Travel $6.59 Total $381.72 Source: 2013-14Consumer Expenditure Surveys, BLS, ESRI `16 Area Businesses There are 709 businesses in the Study Area, employing 28,373 workers. Approximately 73% of Area businesses support Retail Trade or the Services Industry. BUSINESSES AND EMPLOYEES Type of Business Agriculture & Mining Construction Manufacturing Transpo., Communication & Util. Wholesale Trade Retail Trade Real Estate, Finance & Insurance Services Government Unclassified Establishments Tota Is Source: Infogroup, Inc., 2016 Businesses No. % of Total Employees No. % of Total 3 0.4% 408 4.1% 36 5.1 669 6.7 11 1.6 216 2.2 24 3.4 260 2.6 16 2.3 538 5.4 270 38.1 4,940 49.4 77 10.9 360 3.6 247 34.8 2,520 25.2 13 1.8 86 0.9 13 1.8 0 0.7 710 100.0% 9,997 100.0% 8 of 10 Tapestry Segments According to ESRI's 2016 Community Tapestry (Psychographic) Segmentation, the top two socioeconomic segments are Up and Coming Families (7A) and Metro Fusion (11C), at 58.5% and 20.4% respectively. The third most dominant segment is Bright Young Professionals (8C), at 16.6%. The Up and Coming Families segment primarily consists of younger residents that are more mobile and ethnically diverse than the previous generation. They are ambitious, working hard to get ahead and willing to take some risks to achieve their goals. Their homes are new, their families' young. Metro Fusion is a young diverse market. Many residents do not speak English fluently and have moved into their homes recently. They are highly mobile and over three quarters of households are occupied by renters. Many households have young children; a quarter are single parent families. Bright Young Professionals are home to young, educated, working professionals. One out of three householders are under the age of 35. Slightly more diverse couples dominate this market, with more renters than homeowners. More than two- fifths of the households live in single family homes. Labor force participation is high, generally white-collar work, with a mix of food service and part time jobs. Residents of this segment are physically active and up on the latest technology. The Path Forward The Baytown North Study Area would benefit from a locally -developed plan to facilitate street and infrastructure improvements. These improvements will help make the area more appealing to commercial and residential development, while strengthening the economic well- being and quality of life of the community. A plan that can only succeed through greater public and private investment, and expedited and directed through a public financing tool such as a TIRZ. The economic development plan for the Study Area will be implemented through the ability to capture and utilize incremental ad valorem tax revenue generated from real property in the area, known as the captured taxable value. The development and redevelopment in the area is anticipated to occur over 20-30 years and ultimately bring about a greater community through development initiatives created and implemented primarily through public-private investment partnerships. 9 of 10 Map 1 CITY OF BAYTOWN TIRZ NO. 1 Z 0 E W ALLISVILI-E RD Z t7 v BAT(LEBELL RD � W ARCHER RD W CEpgRBgYOULYNCHBURG RD _ W BAKER RD ROLLINOBROOK DR A 0 Nom L HHC LLP 8/31/2010 0.5 1 Miles I i I A O E ARCHER RD n POs Staliworth Af O� A 09'P O 00 p PO 11 z n z r . MASS�v 10MKINS R� ? 146 N ALEXANDE� A M (_Mf Shopping Mall Public School /N�/ Highway v Road Network 13 71 o x A 2 0 3 P Z � W ARCHER RD W CEpgRBgYOULYNCHBURG RD _ W BAKER RD ROLLINOBROOK DR A 0 Nom L HHC LLP 8/31/2010 0.5 1 Miles I i I A O E ARCHER RD n POs Staliworth Af O� A 09'P O 00 p PO 11 z n z r . MASS�v 10MKINS R� ? 146 N ALEXANDE� A Zone Boundary (_Mf Shopping Mall Public School /N�/ Highway Road Network 13 County Boundary Map 2 ry0.5 i Miles U Shopping Mall Public School Highway Road Network 13 County Boundary Aerial View TOP 2015 HHC LLP 8/31/2016 Map 3 CITY OF BAYTOWN TIRZ NO. 1 EWAWSViLE RD s g � I A o 0 c, a A BAITLEBELL RD I A O MI L1 A 0 o EpRCHERRO x cq° Stallworth P I �Bl i CF 0�,O p p 1Z o W ARCRER RD A 9,Pe9 0.D0�0. D c O RD YDO'YtAc; UR (' �a EGEDPR BODO W CEDAR 8AYDU lY y� NCHBURD RD Z a y W BAKER RD j b = �P F ROLUNGBROOK OR MASSEY 10MKIN5 0.O N ALE%PNDER DR - 0 0.5 1 Miles NORTH I i i i I U Shopping Mall Property Class i Exempt (8) j Public School Other Classes (3) i Industrial (1) Highway i Agric. Land (8) Single -Family Residntl. (609) Road Network Commercial (40) i utility (1) HCAD July 2016 u County Boundary Commercial Vacant (10) i Vacant Lot (46) HHC LLP 8/31/2016 f] Zone Boundary Commercial, Multi -Family (2) Map 4 CITY OF BAYTOWN TIRZ NO. 1 E W PLLIS�ILLE l /, D RD �Z �O Z ■ ■Eml D/ Z � Ao : W PRCHER RD ■ ■ ■ ■ W CED AR BgyOULYNCHBURG RD W BAKER RD ROLLINGBROOK DR - 0 0.5 1 Miles NORTH I I i i I HHC LLP 8/31/2016 z n z E PRCHER R. 0 X00, 5[allwonh O� nF 09�e96 0 OG o �'O MPss�y 10MK1145 RD N ALEXANDER Project Country Club �It Project Gulf Equities iIE Project Eastpoint ^V Project Sjolander Road i ,00 Project John Martin Road #'N,0'0 Project San Jacinto Blvd 2 Project Hunt Road FM] Shopping Mall Public School Highway Road Network Zone Boundary County Boundary Exhibit C Harris County's Participation in Zone A, Zone C and Zone D of TAX INCREMENT REINVESTMENT ZONE NUMBER ONE CITY OF BAYTOWN, TEXAS Description for Zone A Original Zone: 474 acres Of 474 Acres of land lying in the G. C. DAVIS Survey, Abstract No. 1472, W.C.R.R. Co. Survey, Abstract No. 899, and the T. PATCHING Survey, Abstract No. 620, near Baytown, in Harris County, Texas, said 474 Acre tract is more particularly described by metes and bounds as follows: BEGINNING, at the intersection of the South Right -of -Way of Interstate Highway 10 and East Right -of -Way of Garth Road; THENCE Southwesterly, along a cutback corner at the intersection of the East Right -of -Way of said Garth Road and the South Right -of -Way of said Interstate Highway 10, a distance of 51 feet to a point for corner; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 11445.5 feet to a point for corner, THENCE Westerly, crossing said Garth Road, continuing along the South Right -of -Way of Riceland Road, and crossing Houston Lighting and Power Company tract, a distance of 1170 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of that certain 106.765 acre tract, a distance of 572.44 feet to a point for corner; THENCE South 00 deg. 38 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 472.99 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of Baker Road, a distance of 830.35 feet to a point for corner; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 568.68 feet to a point for corner; THENCE Northerly, along the West line of said 106.765 acre tract, a distance of 171.08 feet along the arc of a curve to right, said curve having a central angle of 29 deg. 26 min. 44 sec. and a radius of 332.89 feet to a point for corner; THENCE Northerly, along the West line of said 106.765 acre tract, a distance of 171.08 feet along the arc of a curve to left, said curve having a central angle of 29 deg. 26 min. 44 sec. and a radius of 332.89 feet to a point for corner; THENCE North 00 deg. 07 min. 26 sec. East, along the West line of said 106.765 acre tract, a distance of 146.38 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the South line of said 106.765 acre tract, a distance of 620 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 686.64 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to left, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 22 deg. 52 min. 34 sec. East, along the East line of said 106.765 acre tract, a distance of 108.01 feet to a point for corner; THENCE Southerly, along the East line of said 106.765 acre tract, a distance of 80.29 feet along the arc of a curve to right, said curve having a central angle of 23 deg. 00 min. 05 sec. and a radius of 200.00 feet to a point for corner; THENCE South 00 deg. 07 min. 26 sec. West, along the East line of said 106.765 acre tract, a distance of 75 feet to a point for corner; THENCE Southeasterly, along the East line of said 106.765 acre tract, a distance of 39.27 feet along the arc of a curve to left, said curve having a central angle of 90 deg. 00 min. 00 sec. and a radius of 25.00 feet to a point for corner; THENCE North 89 deg. 52 min. 34 sec. West, along the North Right -of -Way of said Baker Road, a distance of 1371.12 feet to a point for corner; THENCE Westerly, along the North Right -of -Way of said Baker Road, a distance of 209.72 feet along the arc of a curve to right, said curve having a central angle of 06 deg. 27 min. 38 sec. and a radius of 1859.86 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the West line of said 106.765 acre tract, a distance of 191.17 feet to a point for corner; THENCE South 89 deg. 48 min. 13 sec. West, along the South line of said 106.765 acre tract, a distance of 172.46 feet to a point for corner; THENCE North 00 deg. 41 min. 47 sec. West, along the East Right -of -Way of Busch Road, a distance of 1192.36 feet to a point for corner; THENCE North 74 deg. 14 min. 06 sec. East, along the North line of said 106.765 acre tract, a distance of 2837.61 feet to a point for corner; THENCE South 09 deg. 58 min. 33 sec. East, along the East line of said 106.765 acre tract, a distance of 1092.44 feet to a point for corner; THENCE Easterly, crossing said Houston Lighting and Power Company tract, and continuing along the North Right -of -Way of said Riceland Road, a distance of 1100.40 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of Garth Road, a distance of 8547.5 feet to a point for corner; THENCE Westerly, a distance of 3129 feet to a point for corner; THENCE Northerly, a distance of 1853 to a point for corner; THENCE Westerly, a distance of 359 feet to a point for corner; THENCE Northerly, a distance of 1203 feet to a point for corner; THENCE Easterly, along the South Right -of -Way of said Interstate Highway 10, a distance of 3695 feet to a point for corner; THENCE Northerly, crossing the Right -of -Way of Said Interstate Highway 10, a distance of 304 feet to a point for corner: THENCE Northeasterly, along a cutback at the intersection of the West Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 77 feet to a point for corner; THENCE Northerly, along the West Right -of -Way of said Garth Road, a distance of 613 feet to a point for corner; THENCE Westerly, a distance of 661 feet to a point for corner; THENCE Southerly, a distance of 219 feet to a point for corner; THENCE Westerly, a distance of 1059 feet to a point for corner; THENCE Southerly, a distance of 22 feet to a point for corner; THENCE Westerly, a distance of 110 feet to a point for corner; THENCE Northerly, along the East line of LAKE P.U.D., same being the City Limits of Baytown, a distance of 2280 feet to a point for corner; THENCE Easterly, along the North line of EASTPOINT, according to the Map or Plat thereof recorded in Volume 115, Page 337, H.C.M.R., at a distance of 1824 feet pass the West Right -of - Way of said Garth Road, and continuing in all a distance of 1904 feet to a point for corner; THENCE Southerly, along the East Right -of -Way of said Garth Road, a distance of 2954 feet to a point for corner; THENCE Southeasterly, along the cutback corner at the intersection of the East Right -of -Way of said Garth Road and the North Right -of -Way of said Interstate Highway 10, a distance of 71 feet to a point for corner; THENCE Southerly, crossing the said Interstate Highway 10, a distance of 304 feet to the POINT OF BEGINNING, containing within these calls 474 Acres of land. De -annexation: 112 acres Exclusion of San Jacinto Mall Property The area to be de -annexed from the City of Baytown Tax Increment Reinvestment Zone No. 1 is approximately 112 acres in size and is situated at the southwest corner of the intersection of Interstate Highway 10 East and Garth Road right-of-way (ROW). With the point of beginning being the southeast corner of 12.4302 acre tract (ABS 899 W. C. RR. CO. JACINTO MALL TR C) and west ROW of Garth Rd.; Then generally west along the south boundary of said 12.4302 acre tract to southwest corner of said tract; Then generally north along the west boundary of said 12.4302 acre tract to coincident southeast corner of 2.5 acre parcel (SAN JACINTO MALL LT D); Then generally west along south boundary of said 2.5 acre parcel, and 14.92 acre parcel (SAN JACINTO MALL LT F) to southwest corner of said parcel; Then generally north along west boundary of said 14.92 acre parcel, and 38.453 acre tract (SAN JACINTO MALL R/P TR I) to northwest corner of said 38.453 acre tract and coincident south boundary of 20.5195 acre tract (HIGHLAND FARMS TR61 A-2 BLK 19); Then generally east along north boundary of said 38.453 acre tract, and south boundary of said 20.5195 acre tract, and 3.261 acre tract (HIGHLAND FARMS TR 61 B BLK 19) to southeast corner of said 3.261 acre tract; Then generally north along east boundary of said 3.261 acre tract to northeast corner of said parcel and south ROW of Interstate Hwy 10 East Frontage Road (eastbound) and coincident northwest corner of 0.752 acre parcel (ABS 1472 G. C. DAVIS SAN JACINTO MALL R/P LT K); Then generally east along south ROW of Interstate Hwy 10 East Frontage Road (eastbound) and north boundary of said 0.752 acre parcel, and SAN JACINTO MALL TRS J, J3, J2, J 1, Lots E and A, and 0.966 acre parcel (ABS 1472 G. C. DAVIS CHILLS RESTAURANT AMEND RESERVE), and 0.9926 acre parcel (SAN JACINTO MALL LT A 1) to north corner of 0.9926 acre parcel (SAN JACINTO MALL LT A 1); Then southeast along north boundary of said 0.9926 acre parcel to northeast corner of said parcel and west ROW of Garth Road; Then generally south along west ROW of Garth Rd, and east boundary of said 0.9926 acre parcel, 1.0414 acre parcel (ABS 1472 G. C. DAVIS JOHNNY CARINOS RESTAURANT AMEND), 0.9904 acre tract (SAN JACINTO MALL R/P TR 1-2), 38.453 acre tract (SAN JACINTO MALL R/P TR 1), 9.8 acre tract (SAN JACINTO MALL LT B), 0.9904 acre parcel (ABS 899 W. C. RR. CO. TEXAS ROADHOUSE BAYTOWN LT 1 BLK 1), to southeast corner of 12.4302 acre tract (SAN JACINTO MALL TR C) and point of beginning of 112 acre tract; Description for Zone C 2014 Annexation: 58.693 acres ETHYLENE UNIT 1594: 51.472 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 51.472 -acre (2,242,121 square foot) tract of land out of the William Bloodgood Survey, A-4, Harris County, Texas. Said 51 .472 -acre tract being a portion of a 611.799 -acre tract of land conveyed to Chevron Chemical Company, now Chevron Phillips Chemical Company, as recorded under Harris County Clerk's File Number K160640, Film Code Number 023-70-2135 of the Official Public Records of Real Property Harris County, Texas and being more particularly described by metes and bounds as follows, with the basis of bearings being the Texas State Plane Coordinate System (South Central Zone) (NAD83) as derived by GPS methods: COMMENCING at a point at the intersection of the north right-of-way line of Interstate Highway 10 (width varies) and the northwest right-of-way of the Southern Pacific Railroad (100 feet wide); THENCE South 85° 31' 26" West, over and across said Chevron Chemical Company tract, a distance 2,956.12 feet to a point for the southeast comer and the POINT OF BEGINNING of said tract herein described located at Texas State Plane Coordinate (NAD 83) (South Central Zone) N: 13,868,761.30 E: 3,260,695.35 ; THENCE South 77° 21' 22" West, with the south line of said tract herein described, a distance of 1,975.00 feet to a point for the southwest corner of said tract herein described; THENCE North 12° 38'38" West, with the west line of said tract herein described, a distance of 1,135.25 feet to a point for the northwest corner of said tract herein described; THENCE North 77° 2 P 22" East, with the north line of said tract herein described, a distance of 1,975.00 feet to a point for the northeast corner of said tract herein described; THENCE South 12° 38' 38" East, with the east line of said tract herein described, a distance of 1,135.25 feet to the POINT OF BEGINNING and containing 51.472 acres (2,242,121 square feet) of land. NORTH ISBL (HU -1891): 3.975 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 3.975 -acre (173,157 square foot) tract of land out of the William Bloodgood Survey, A- 4, Harris County, Texas. Said 3.975 -acre tract being a portion of a tract of land conveyed to Chevron Chemical Company, now Chevron Phillips Chemical Company, as recorded under Harris County Clerk's File Number K 160640, Film Code Number 023-70-2135 of the Official Public Records of Real Property Hanis County, Texas and being more particularly described by metes and bounds as follows, with the basis of bearings being the Texas State Plane Coordinate System (South Central Zone) (NADS3) as derived by GPS methods: COMMENCING at a point at the intersection of the north right-of-way line of Interstate Highway 10 (width varies) and the northwest right-of-way of the Southern Pacific Railroad (100 feet wide); THENCE North 50° 06'04" West, over and across said Chevron Chemical Company tract, a distance I,924.87 feet to a point for the most southerly corner and POINT OF REGINNING of said tract herein described located at Texas State Plane Coordinate (NAD83) (South Central Zone) N: 1 3,8 70,226.5 5, E: 3,262,1 6 5.60 ; THENCE North 12° 38'38" West, with a west line of said tract herein described, a distance of 130.00 feet to a point for an interior corner of said tract herein described; THENCE South 77° 21'22" West, with a south line of said tract herein described, a distance of 295.00 feet to a point for the most westerly corner of said tract herein described; THENCE North 12° 38'38" West, with a west line of said tract herein described, a distance of 230.00 feet to a point for the northwest corner of said tract herein described; THENCE North 77° 21'22" East, with the north line of said tract herein described, a distance of 587.50 feet to a point for the northeast comer of said tract herein described; THENCE South 12° 3838" East, with the east line of said tract herein described. a distance of 360.00 feet to a point for the southeast corner of said tract herein described; THENCE South 77° 21'22" East, a distance of 292.50 feet to the POINT OF BEGINNING and containing 3.975 acres (173,157 square feet) of land. SOUTH ISBL (HU -1891):3.246 -ACRE TRACT OF LAND OUT OF THE WILLIAM BLOODGOOD SURVEY, A-4, HARRIS COUNTY, TEXAS Being a 3.246 -acre (141,380 square foot) tract of land out of the William Bloodgood Survey, A- 4, Harris County, Texas. Said 3.246 -acre tract being a portion of a 61 1.799 -acre tract of land conveyed to Chevron Chemical Company, now Chevron Phillips Chemical Company, as recorded under Harris County Clerk's File Number K 160640, Film Code Number 023-70-2135 of the Official Public Records of Real Property Harris County, Texas and being more particularly described by metes and bounds as follows, with the basis of bearings being the Texas State Plane Coordinate System (South Central Zone) (NAD83) as derived by GPS methods: COMMENCING at a point at the intersection of the north right-of-way line of Interstate Highway 10 (width varies) and the northwest right-of-way line of the Southern Pacific Railroad (100 feet wide); THENCE North 35° 25' 17" West, over and across said Chevron Chemical Company tract, a distance 1,331.85 feet to a point for the southeast corner and the POINT OF BEGINNING of said tract herein described located at Texas State Plane Coordinate (NAD83 ) (South Central Zone) N: 13, 870,07 7.22 E: 3,262,87 0 .32; THENCE South 77° 21' 22" West, with the south line of said tract herein described, a distance of 362.50 feet to a point for the southwest corner of said tract herein described: THENCE North 12° 38'38" West, with the west line of said tract herein described, a distance of 390.00 feet to a point for the northwest corner of said tract herein described; THENCE North 771 21' 22" East, with the north line of said tract herein described, a distance of 362.50 feet to a point for the northeast corner of said tract herein described; 2012 Annexation of Sjolander Road (North of 1-10 to Wallisville Rd): Addition of +/- 8 -acre tract The area within the 2012 annexation into the City of Baytown Tax Increment Reinvestment Zone No. 1 is a +/- 8 acre right-of-way easement located along Sjolander Road from Interstate Highway 10 East (westbound) Frontage Road to E. Wallisville Road. With the point of beginning being the northeast corner of the intersection of Interstate Highway 10 East (westbound) Frontage Road right-of-way and the east ROW of Sjolander Road; Then southwest across the ROW of Sjolander Road to the west ROW of Sjolander Road; Then north by west along the west ROW of Sjolander Road to the north ROW of E. Wallisville Road (at Rabbit Hollow Rd.); Then east by north across the ROW of Sjolander Road to the east ROW of Sjolander Road; Then south by east along the east ROW of Sjolander Road to north Row of Interstate Highway 10 East (westbound) Frontage Road and point of beginning of approx. +/8 acre easement; Description for Zone D: 2014 Annexation: Addition of 45 -acre tract along Hunt Road The area within the 2014 annexation into the City of Baytown Tax Increment Reinvestment Zone No. 1 is approximately 45 acres and is located 1,220 feet south of the intersection of John Martin Road and Interstate Highway 10 East (eastbound) Frontage Road Right -of -Way (ROW). With the point of beginning being the northwest corner of 90.6741 acre tract (ABS 899 W.C. RR. CO. HIGHLAND FARMS TR 61 E BLK l 9) and east ROW of John Martin Rd.; Then generally east along north boundary of said 90.6741 acre tract to northeast corner of said tract and west boundary of City of Baytown TIRZ No. l; Then generally south along east boundary of said 90.6741 tract and west boundary of City of Baytown TIRZ No. 1 to south easement of drainage channel (trib. to Goose Creek); Then generally west along south easement of drainage channel (trib. to Goose Creek) and City of Baytown TIRZ No. 1 Boundary to east ROW of John Martin Rd. and west boundary of said 90.6741 acre tract; Then generally north along east ROW of John Martin Rd., and west boundary of said 90.6741 acre tract to northwest corner of said tract and point of beginning of approx. 45 acre tract;