Ordinance No. 13,491ORDINANCE NO. 13,491
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH ENTERPRISE PRODUCTS OPERATING LLC; 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
and directs the Mayor and City Clerk of the City of Baytown to execute and attest to an
Industrial District Agreement with Enterprise Products Operating LLC. A copy of said
Industrial District Agreement is attached hereto, marked Exhibit "A" and incorporated herein for
all intents and purposes.
Section 2: This ordinance shall take effect immediately
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative
City of Baytown, this the 8th day of June, 2017. /
STEPHEN H.
M
LETICIA BRYSCH, y Clerk
APPROVED AS TO FORM:
4N.-x�
ACIO RAMIREZ, S City Attorney
and after its passage by
of the City Council of the
CARLOS, Mayor
cobfsOIVegal\Karen\Files City Council.0rdinances\2017Vune 8.IDAwithEnterpriseProductsOpemtingLLC.doc
Exhibit "A"
Industrial District Agreement
This Industrial District Agreement ("Agreement") is made and entered into between the
City of Baytown. Texas, a municipal corporation in Harris and Chambers Counties, Texas,
hereinafter also mfermd to as "Baytown" or "City," and Enterprise Products Operating LLC, a
Texas limited liability company hereinafter mfOrred to as "Property Owner." In consideration
of the promises and of the mutual covenants and agreements herein contained, it is agreed by
and between the City and Property Owner as follows:
This Agreement is made under the authority of Texas Local Government Code Annotated
§42.044 (Vernon 1993), article XI, §5 of the Texas Constitution and other applicable law. The
parties to the Agreement and their addresses are:
1. The "City"
City of Baytown
Attn: City Manager
P.Q. Box 424
Baytown, TX 77522
Copy to:
City of Baytown
Attn: City Attorney
P.Q. Box 424
Baytown, TX 77522
2. The "Property Owner" Tax Statement Address:
Enterprise Products Operating LLC Enterprise Products Operating LLC
1100 Louisiana Street, 100' Floor c/o Enterprise Products Company
Houston, TX 77002 Attn: Property Tax Department
P.O. Box 4018
Houston, TX 77210-4018
IT.
Identification of Prop= and Industrial District
This Agreement includes provisions concerning certain real estate and tangible personal
property owned or leased by the Property Owner. Real estate located outside the corporate limits
of the City is sometimes referred to herein as the "affected area," and it is described in Exhibit A,
which is attached to this Agreement and made a part hereof. Acting pursuant to the above
mentioned authority, the City Council of the City has by ordinance, designated the affected area
as an industrial district, the same to be known as Baytown Industrial District No. 2 (the
"Industrial District").
III.
Term
The temn of this Agreement commences on the date of Mayor's execution of this
Agreement for tax years 2018 through 2024, and will expire thereafter, unless it is sooner
terminated under the provisions hereof. This Agreement shall be effective and binding on
the parties hereto upon execution hereof on behalf of the parties to this Agreement and shall
remain in effect for the above -stated period. This Agreement supersedes any prior existing
agreements between the Property Owner and the City relating to the subject matter specific to
the term hereof.
IV.
Limited Immunity from AUnex ion by th„ a City
In consideration of the obligations of the Property Owner herein set forth, the City hereby
guarantees for the term of this Agreement the immunity of the affected area from annexation of
any type by the City except for such parts of the affected property as may be necessary to annex
property owned by third parties within the Industrial District that the City may decide to annex.
Additionally, this Agreement shall not affect the continuation of any limited purpose annexation
status to which the affected area is now subject.
V.
Industrial District ?avment
As part of the consideration for the City's undertakings as set forth above, the Property
Owner agrees to pay to the City on or before December 31" of each year during the term hereof a
sum of money equal to: the Base Value Industrial District Payment plus the Added Value
Industrial District Payment. The sum of the Base Value industrial District Payment plus the
Added Value Industrial District Payment shall be referred to as the Industrial District Payment.
A.
Base Value Industrial District Payment
The Base Value Industrial District Payment shall be calculated as follows:
(I) the fair market value as agreed to and stipulated by the parties to be as follows
for each year indicated:
2018 X300,000,400
2019 $700 400,000
2
2020
$7s0,00Q
202 1
$$00,000,000
2022
$800,000;000
2023
580010001000
2024
S800,000,000
hereinafter referred to as the "Base Value," multiplied by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City, multiplied by the applicable Yearly Payment Rate as
detailed below:
plus
B.
Added ValMe Industrilli District Payment
The Added Value industrial District Payment shall be calculated as follows:
(l) the fair market value as determined by the City, of all of the Property Owner's
land and all other tangible property, real, personal or mixed, within the affected
area on January 1 of each year in which an Industrial District Payment is due
hereunder minus the Base Year Value, hereinafter referred to as the "Added
Value," multiplied by
(2) the property tax rate per $100.00 of assessed valuation adopted by the City
Council for the City for each year of the tern of this Agreement, multiplied by the
applicable added value industrial district payment rate detailed below.
The applicable Added Value Industrial District Payment Rate shall be determined using
the following chart:
3
If the formula used in calculating the Added Value industrial District Payment produces a
negative number, then the Added Value Industrial District Payment shall be $0.00.
VI.
Valuations and Collections
A.
genemllY
The parties hereto recognize that said Chambers County Appraisal District is not
required to appraise for the City the land, improvements, and tangible property, real or mixed, in
the affected area, which is not within the corporate limits of the City, for the purpose of
computing the payments hereunder. For the purpose of providing a procedure for determining
and collecting the amounts payable by the Property Owner hereunder, there are hereby adopted
and made a part hereof all provisions of the Constitution and statutes of the State of Texas
pertaining to ad valorem taxation as amended throughout the term of this Agreement (including,
in particular, the Texas Property Tax Code), except, however, that (i) to the extent that any of
such provisions would require the assessment of the Property Owner's property on an equal
and uniform basis with property in the general corporate limits of the City, the provisions of
this Agreement will control where in conflict with the provisions of such laws and (ii) the
income method of appraisal as described in Section 23.012 of the Texas Property Tax Code
shall not be limited to only properties for which a rental market exists. Specifically, nothing
contained herein shall limit the income method of appraisal specified in Section 23.012 of the
Texas Property Tax Code to only properties for which a rental market exists, instead if such
method is used, the chief appraiser shall,
I. use income and expense data pertaining to the property, if possible and applicable;
2. make any projections of future income and expenses only from clear and
appropriate evidence;
3. use data Brom generally accepted sources in determining an appropriate
capitalization rate; and
4. determine a capitalization rate for income-producing property that includes a
reasonable return on investment, taking into account the risk associated with
the investment.
4
The parties agree that the fair market value of the Property Owner's land,
improvements; and tangible property subject to Subsections B and C of this section shall be
determined in accordance with the market value computation contemplated in the Texas
Property Tax Code for the purpose of calculating the Property Owner's payment under this
Agreement on properties annexed or disannexed subsequent to the commencement of this
Agreement. The City may choose to use the appraised value as finally determined by the
Chambers County Appraisal District (or through administrative or judicial appeal of the
Chambers County Appraisal District's determination), or by appraisal conducted by an
independent appraiser of the City's selection at the City*s expense. The determination of fair
market values by the City shall be final and binding unless the Property Owner within thirty
(30) days after receipt of the City's determination petitions for a Declaratory Judgment to the
Civil District Court of Mantis County, Texas, as provided for by Section X111 hereof.
Nothing contained herein shall ever be construed as in derogation of the authority of the
Chambers County Appraisal District to establish the appraised value of land,
improvements, and tangible personal property in the annexed portion for ad valorem tax
purposes.
B.
Adiustment of Base Value far Property Inside the Corporate Limbut Subsaauently
Disannexgd
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is disannexed from the corporate limits of the City during the term of this Agreement, shall
become part of the affected area immediately upon disannexation. The value for such
disannexed land, improvements and tangible property, real or mixed shall be determined as
described in Subsection A of this Section based upon the year in which the property is
disannexed and shall be added to the Base Value specified in Article V each year after the
disannexation for purposes of payment hereunder.
C.
Adiustment of Base Value for Prop ty Outsidg thgComorate Limits but Subseaucntly Annexed
Land, improvements and tangible property, real or mixed, of the Property Owner, which
is annexed into the corporate limits of the City during the term of this Agreement, shall be
removed from the affected area the year after the annexation. The value for such annexed
land, improvements and tangible property, real or mixed shall be determined as described in
Subsection A of this Section based upon the year in which the property is annexed and shall be
subtracted from the Base Value specified in Article V each year after the annexation for
purposes of payment hereunder.
D.
Statements
The City shall mail one statement to the Property Owner on or about December I of
each year showing the total amount due on December 31 of such year pursuant to this
Agreement. Such statement shall be mailed to the "Tax Statement Address" noted in this
Agreement. Any amounts due on December 31 that are not paid when due shall become
delinquent on January I of the following year, Provided, however, if the tax statement is
mailed after December 10, the delinquency date is postponed to the first day of the next
month that will provide a period of at least 21 days after the date of mailing fbr payment of
the amount due. Delinquent amounts shall be immediately subject to the same penalties,
interest, attorneys' fees and costs of collection as recoverable by the City in the case of
delinquent ad valorem taxes. The City shall have a lien upon the Property Owner's land within
the affected area upon any delinquency in the Industrial District Payment.
E.
VAluation Contests
If any differences concerning the appraised values shall not have been finally
determined by the due date of the Property Owner's payment hereunder and the Property
Owner is pursuing through a declaratory judgment action as specified in Subsection A. the
Property Owner shall, without prejudice to such action, pay to the City by December 31 of each
year (subject to the exception in the preceding paragraph for statements mailed after December
10), such amount as is provided in the Texas Property Tax Code, as amended throughout the
term of this Agreement, for payments made under such conditions by owners of property within
the general corporate limits of the City subject to ad valorem taxation. Any refund payable
by the City to the Property Owner hereunder shall be paid within 60 days after receipt by the
City of both Chambers County Appraisal District's form notification that the appraised value of
the property has been reduced and a written refund request by the Property Owner; if not paid
timely, the refund amount shall bear interest at the rate specified in Section 2251.025 of the
Texas Government Code beginning 60 days after the City received both the Property Owner's
written refund request and the Chambers County Appraisal District's formal notification that
the appraised value of the property has been reduced.
VII.
Compliance with Law
The City and the Property Owner mutually recognize that the health and welfare of
Baytown residents require adherence to high standards of quality in the air emissions, water
effluents and noise, vibration and toxic levels of those industries located in the Industrial District,
and that development within the District may have an impact on the drainage of surrounding
areas. To this end, the Property Owner and the City agree that the same standards and criteria
relative to noise, vibration and toxic levels and drainage and flood control which are adopted by
the City and made applicable to portions of the City adjacent to the Industrial District shall also
be applicable to the affected area. The Property Owner agrees that any industrial or other
activity carried on within the affected area will be constructed in strict compliance with all
applicable valid state and federal air and water pollution control standards. If the Property
Owner's property within the affected area is subject to the Occupational Safety and Health Act,
29 U.S.C. 65, et seq., as amended, then the Property Owner shall undertake to ensure that its
facilities and improvements in the affected area comply with the applicable fire safety standards
of such act and the resolutions from time to time promulgated hereunder (the "OSHA
0
Standards"), but there shall be no obligation to obtain any permits of any kind from the City in
connection with the construction, operation or maintenance of improvements and facilities in the
affected area not located within the corporate limits of the City. Nonetheless, the Property Owner
agrees that any structure built within the affected area shall be built in accordance with the
building code adopted by the City in effect at the time of construction.
The City and the Property Owner recognize that activities in the City's industrial districts
are subject to regulation by other governmental entities, including the state and federal
governments and their various departments and agencies. The City and the Property Owner also
recognize that the City may have an interest in activities in the City's industrial districts that are
regulated by other governmental entities. Nothing in this Agreement is intended to limit the
City's right and authority to communicate its interest in, or opposition to, those activities to the
applicable regulatory agencies or to participate, to the extent allowed by law, in any related
administrative or judicial proceeding.
Vill,
lnspectiRns
The Chief Appraiser of the Chambers County Appraisal District and the City or its
independent appraiser shall have the same right to enter and inspect the Property Owner's
premises and the same right to examine the Property Owner's books and records to determine the
value of the Property Owner's properties as are provided in the Texas Property Tax Code as
amended.
IX.
Default
A.
Default by Property Owner
In the event of default by the Property Owner in the performance of any of the terms of
this Agreement, including the obligation'to make the payments above provided for, the City shall
have the option, if such default is not fully corrected within sixty (60) days from the giving of
written notice of such default to the Property Owner to either (i) declare this Agreement
terminated or (ii) continue the term of this Agreement and collect the payments required
hereunder. ?notwithstanding any to the contrary contained herein, should the City determine the
Property Owner is in default according to the terms and conditions of Section VII hereof, the
City shall notify the Property Owner in writing by U.S. Mail, certified return receipt requested, at
the address stated in this Agreement, and if such default is not cured within sixty (60) days from
the date of such notice (the "Cure Period") then such failure to cure shall constitute a material
breach of this Agreement; provided that, in the case of a default under Section VII for causes
beyond the Property Owner's control that cannot with due diligence be cured within such sixty
(60) day period or in the event that the failure to cure results from ongoing negotiations with
federal or state officials, administrative proceedings or litigation regarding the necessary cure
7
steps, then the cure period shall be extended until such negotiations, administrative proceedings
or litigation are concluded.
In the event of default by the City, the Property Owner may, if such default is not fully
corrected within 60 days from giving written notice of such default to the City, terminate this
Agreement. upon such termination, both the Property Owner and the City shall be relieved of
all further obligations hereunder, but the Property Owner shall not be relieved of the obligation
to pay any amounts that accrued prior to such termination. In the event of termination, the City
shall have the right to repeat the ordinance designating the affected area as an industrial district.
Provided, however, if the termination occurs as a result of the City's exercising its option to
terminate (as provided in the first sentence of this Section IX), the City shall not have the right to
annex the affected area into the general corporate limits of the City so as to subject the affected
area to ad valorem taxes for any part of the period covered by the Property Owner's last payment
hereunder.
Any notice to the Property Owner or the City concerning the matters to which the
Agreement relates may be given in writing by registered or certified mail addressed to the
Property Owner or the City at the appropriate respective addresses set forth on the cover page of
this Agreement. Any such notice in writing may be given in any other manner. If given by
registered or certified mail, the notice shall be effective when mailed. With the exception of
annual bills for payments due herein, notice given in any other manner shall be effective when
received by the Property Owner or the City, as the case may be.
X1.
No Further Expansion of JUing Jurisdiction
Nothing herein contained shall be construed to change or enlarge the jurisdiction, power
or authority of the City over or with respect to the affected area as prescribed by applicable law,
except asspecifically provided in this Agreement. The Property Owner shall not be obligated by
virtue of this Agreement, or the establishment of the industrial district covering the affected area
not within the corporate limits of the City, to make any payments to the City in the nature of a
tax or assessment based upon the value of the Property Owner's property in the affected area
during the term of this Agreement other than the payments specified herein. Specifically, the
Property Owner shall not be liable for any City taxes within the affected area, including, without
limitation, City ad valorem taxes on taxable property within the affected area.
8
X►►.
Reimbursement for Serves
If the Property Owner requests and deceives mutual aid firefighting assistance and is a
member of Channel Industries Mutual Aid organization ("CIMA") or similar organization, the
Property Owner shall reimburse the City for costs incurred by the City in providing fire
protection services to the Property Owner as shall be provided in the charter, bylaws and
agreements pursuant to which CIMA or such similar organization is organized and operates. If
the Property Owner requests and deceives mutual aid firefighting assistance and is not a member
of CIMA or a similar organization. then the Property Owner shalt be required to reimburse the
City for costs actually expended by the City in providing any firefighting assistance to the
Property Owner, including chemical and personnel costs.
X1 [l.
Declaratory Judgment Action
If any disagreement arises between the parties concerning the interpretation of this
Agreement, it is agreed that either of the said parties may petition any Civil District Court of
Harris County, Texas, for a Declaratory Judgment determining said controversy and the cause
shall be tried as other civil causes. If the controversy affects an Industrial District Payment, the
Property Owner shall, pending final determination of said controversy, pay to the City on the due
date the same amount which was paid to the City for the last preceding period as to which there
was no controversy concerning the amount owed by the Property Owner to the City. The
Property Owner agrees to tender any additional amount of potential liability to the registry of the
Civil District Court, Harris County, Texas, pending final determination of the controversy
beyond any further appeal.
XIV.
Assismment
This Agreement shall not bestow any rights upon any third: party, but rather, shall bind
and benefit the Property Owner and the City only. if the Property Owner conveys all or any part
of the property then covered hereby, the Property Owner shall notify the City within 30 days of
the conveyance and shall thereafter cease to be obligated with respect to the property so
conveyed and the Base Year Value plus the Added Value shall be apportioned between the
Property Owner and the grantee based upon the property conveyed, only if the grantee thereof
enters into an Industrial District Agreement with the City with respect to such property so
conveyed. No right or obligation under this Agreement may be sold, assigned or transferred.
XV.
Authority
The Property Owner covenants that it has the authority to enter into this Agreement by
virtue of being either the legal or equitable owner of a possessory estate (including a leasehold
estate) in the land comprising the affected area, which will not terminate before the expiration
0
date of this Agreement. Additionally, the officers executing this Agreement on behalf of the
parties hereby represent that such officers have full authority to execute this Agreement and to
bind the party he represents.
XV].
No Mugici2gl Servvii ggs
It is agreed that during the term of this Agreement, the City is under no obligation to
provide any governmental, proprietary or other municipal services to the affected area.
Specifically, but without limitation, it is agreed that the City shall not be required to furnish (1)
sewer or water service, (2) police protection, (3) fire protection (4) road or street repairs, and (5)
garbage pickup service.
XVII.
Severabiliky
If any provision of this Agreement, or any covenant, obligation or agreement contained
herein, including, without limitation, that term hereof, is determined by a court to be invalidated
or unenforceable, such provision, covenant, obligation or agreement shall be reformed so as to
comply with applicable law. If it is not possible to so reform such provision, covenant,
obligation or agreement, such determination shall not affect any other provision, covenant,
obligation or agreement, each of which shall be construed and enforced as if the invalid or
unenforceable portion were not contained herein. Provided, further that such invalidity or
unenforceability shall not affect any valid and enforceable provision thereof, and each such
provision, covenant, obligation or agreement shall be deemed to be effective, operative, made,
entered into or taken in the manner and to the full extent permitted by law. Notwithstanding the
above, if the application of this Section XViI requires reformation or revision of any term that
removes or materially diminishes the obligation of the Property Owner to make the payments to
the City described herein (except in the event of a reformation that shortens the term of this
Agreement), the City shall have the option to declare this Agreement terminated.
XVIIi.
Co„mpjete Age ent
This Agreement contains all the agreements of the parties relating to the subject matter
hereof and is the full and final expression of the agreement between the parties.
XIX.
Non -waiver
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right
or remedy occurring as a result of any future default or failure of performance.
10
XX
Ambiguitieg
In the event of any ambiguity in any of the terms of this Agreement, it shall not be
construed for or against any party hereto on the basis that such party did or did not author the
same.
XXI.
Headings
The headings appearing at the first of each numbered section in this Agreement are
inserted and included solely for convenience and shall never be considered or given any effect in
construing this Agreement or any provision hereof, or in connection with the duties, obligations
or liabilities of the respective parties hereto or in ascertaining intent, if any question of intent
should arise.
XXII.
Choice of [ aw; Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution
or performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County, Texas.
XXIII.
Agreement Read
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
IN WITNESS WHEREOF, this Agreement is executed in multiple counterparts on behalf
of the Property Owner this day of , 2017, and on behalf of the City
this ___,_, day of , 2017.
ENTERPRISE PRODUCTS
sy:gh� Koh Own TM.', 5ie l
PrintedNam
Title
STATE OF ! W_ §
COUNTY OFr §
Before me, , the und ned public,
on this day personally appeared , the
o Enterprise Products Operating LLC, the o er of the acted property, known to me to be the
arson whose name is subscribed to the foreg6ing instruh1ent and acknowledged to me that he
executed the same for the purposes, in the capacity, and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me thied p of -12011
KALA
in'e.'.,;v
Notary t bli in on- d for the State of
d1 %"ii�9�i►A�,. my ComrM1110" Expires
pi@ �Yw�ii%pgeir . - August 7. 2020
CITY OF BAYTOWN
STEPHEN H. DONCARLOS, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ. SR., City Attorney
WADE L. NICK.ERSON, Finance Director
lYmbfsfii.i�y►IUiurcnlFil�elContrtu lsrbtdastrisl District Agrrp=els%Enterrxi=T-fflertxis 1D&d0C
12
EXHIBIT A
METES & BOUNDS FOR INDUSTRIAL DISTRICT AGREEMENT
LEGAL DESCRIPTION
LEGAL DESCRIPTION
TRACT A-2
HANNAH NASH SURVEY, A-20
CHAMBERS COUNTY, TEXAS
A TRACT OR PARCEL OF LAND DESIGNATED AS TRACT A-2 BEING A PORTION OF THE HANNAH NASH SURVEY,
ABSTRACT NUMBER 20, CHAMBERS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 5/B" IRON ROD IN CONCRETE LYING ON THE PREVIOUS WEST RIGHT OF WAY LINE OF
HATCHERVILLE ROAD. THENCE S77"02'18"W 19.73' TO A FOUND 1/2" IRON ROD BEING ON THE WEST RIGHT OF
WAY LINE OF HATCHERVILLE ROAD (WITH VARYING R\W WIDTH) RECORDED IN VOLUME 276 AT PAGE 344, AND
BEING THE POINT OF BEGINNING OF TRACT A (PARENT TRACT). THENCE N14121'43"W 126.37' TO A FOUND
5/8" REBAR WITH CAP STAMPED RPLS #5816; THENCE S77°5415311W 1283.23' TO A FOUND 5/8" REBAR WITH
CAP STAMPED RPLS #5816; THENCE S66°35'2211W 53.99' TO A FOUND 5/B" REBAR WITH CAP STAMPED RPLS
#5816; THENCE N39°42101"W 153.49' TO A FOUND 5/B" REBAR WITH CAP STAMPED RPLS #5816; TIiENCE
N49°00'27"W 406.21' TO THE POINT OF BEGINNING OF THE LANDS DESCRIBED HEREIN;
BEGINNING AT A SET 5/8" IRON ROD WITH CAP STAMPED M.KING RPLS #6651; THENCE S78°1510211W 1181.22'
TO A SET 5/B" IRON ROD WITH CAP STAMPED M.KING RPLS $6651; THENCE N11°4415811W 2250.00' TO A SET
5/8" IRON ROD WITH CAP STAMPED M.KING RPLS #6651; THENCE N78°15102"E 1794.38' TO A SET 5/B" IRON
ROD WITH CAP STAMPED M.KING RPLS #6651; THENCE S14°44'21"W 729.45' TO A FOUND 5/8" REBAR WITH CAP
STAMPED RPLS #5816; THENCE S14°44'21"W 1196.85' TO A FOUND 5/8" REBAR WITH CAP STAMPED RPLS
#5816; THENCE S14°13'21"W 252.74' TO A FOUND 5/8" REBAR WITH CAP STAMPED RPLS #5816; THENCE
S67°48'47"E 319.71' TO A FOUND 5/8" REBAR WITH CAP STAMPED RPLS #5816; THENCE S49°00'27"E 151.04'
TO THE POINT OF BEGINNING, CONTAINING 65.66 ACRES (2,860,285 SQ. FT.), MORE OR LESS. AS SHOWN ON
BOUNDARY PLAT ENTITLED, "MAP SHOWING SUBDIVISION OF: TRACT A INTO TRACT A-1 AND TRACT A-2, HANNAH
NASH SURVEY, ABSTRACT NO. 20, CHAMBERS COUNTY, TEXAS" BY MICHAEL J. KING, RPLS #6651, DATED MARCH
30, 2017.
TOGETHER WITH AND SUBJECT TO ANY AND ALL EASEMENTS, RIGHT OF WAYS, AND OTHER RESTRICTIONS OR
ENCUMBRANCES OF RECORD.
BEARINGS AND DISTANCES HEREIN ARE ORIENTED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH
CENTRAL ZONE 4204 AS PER GPS OBSERVATIONS PERFORMED BY NTB ASSOCIATES, INC.
Michael J. King, R.P.LS.
NTB ASSOCIATES, EVC.
8643 Main St.
Zachary, LA 70791
Phone: 225-751-4002
Cell: 115454-8915
Fax: 115-751-4006
Texas Firm Registration No. 10193873
LEGAL DESCRIPTION
ACCESS EASEMENT FOR TRACT A-2
HANNAH NASH SURVEY, A-20
CHAMBERS COUNTY, TEXAS
A 30' WIDE ACCESS EASEMENT BEING A PORTION OF THE HANNAH NASH SURVEY, ABSTRACT NUMBER 20,
CHAMBERS COUNTY, TEXAS AND BEING 15 FEET EACH SIDE OF THE DESCRIBED CENTERLINE:
COMMENCING AT A SET 5/8" IRON ROD WITH CAP STAMPED M.KING RPLS #6651, ALSO BEING THE POINT OF
BEGINNING OF TRACT A-2; THENCE S7B°15'02"W 696.87' ALONG THE SOUTH LINE OF TRACT A-2 TO THE POINT
OF BEGINNING OF THE CENTERLINE OF SAID 30' ACCESS EASEMENT;
BEGINNING AT A POINT ON THE SOUTH LINE OF TRACT A-2; THENCE CONTINUE ALONG THE FOLLOWING BEARINGS
AND DISTANCES ALONG SAID CENTERLINE, S16°42'45"W 132.04', N77°30'26"E 340.571, N71'14125"E
126.63', N65'00'47"E 123.76', N66'0414B"E 98.461, N74°23'11"E 87.531, N78°28141"E 1053.22',
589'10153"E 157.75', NB3'30'32"E 52.26', N73°21'14"E 74.50', N67'22'26"E 209.461, N74'48156"E
85.91' TO THE WEST RIGHT OF WAY OF HATCHERVILLE ROAD (WITH VARYING R/W WIDTH) RECORDED IN VOLUME
276 PAGE 344 AND BEING THE POINT OF TERMIUS OF SAID ACCESS EASEMENT, CONTAINING 1.751 ACRES
(76,263 SQ. FT.), MORE OR LESS. AS SHOWN ON BOUNDARY PLAT ENTITLED, "MAP SHOWING SUBDIVISION OF:
TRACT A INTO TRACT A-1 AND TRACT A-2, HANNAH NASH SURVEY, ABSTRACT NO. 20, CHAMBERS COUNTY,
TEXAS" BY MICHAEL J. KING, RPLS #6651, DATED MARCH 30, 2017.
SAID 30' ACCESS EASEMENT IS INTENDED TO FOLLOW THE CENTERLINE OF EXISTING GRAVEL ROAD LOCATED AND
SHOWN ON SAID BOUNDARY PLAT. BEARINGS AND DISTANCES HEREIN ARE ORIENTED TO THE TEXAS STATE PLANE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204 AS PER GPS OBSERVATIONS PERFORMED BY NTB ASSOCIATES,
INC.
Michael J. King, R.P.LS.
NTB ASSOCL4TES, INC.
8643 Main St.
Zachary, LA 70791
Phone: 115-751-4001
Cell: 115-454-8915
Fax. 115-751-4006
Texas Firm Registration No. 10193873
00080457-1